Internet Research and Website Misinformation

Recently I looked at some of my own blog’s statistics, and apparently some of you are actually reading my posts. Since I recently attended a continuing legal education class on technology and social media, I thought this would be a good time to post a warning – do not blindly trust all that you find on the internet. Sure, there are many great websites and blogs out there containing tons of useful information, and many authors take great pains to ensure that the content they post is correct and up-to-date (at least on the date of the posting); still there are plenty of websites published solely to give wrong information and erroneous advice… on purpose.

Why would someone disseminate wrong information on purpose? Apparently, just because he or she can. It’s called “website misinformation” and it is exactly what it sounds like. Someone either hacks a genuine website and edits information to spread misinformation, or creates a fake website aka counterfeit site to spread false “news” or advice.

So, when it comes to legal news and information, be wary about the source. After all, if you find some interesting or useful tidbit on-line, there is no guarantee that the person who wrote or re-posted it knows what he or she is talking about. On-line everyone can share information or misinformation. Even if the information was correct when posted, by the time you read it, it could be grossly outdated or even plain wrong. That is why when you are searching or researching a legal issue – keep in mind that even legal books and software usually contain a disclaimer advising that – “[t]he information contained in this book/program is not legal advice and is not a substitute for legal advice. For legal advice, consult with a lawyer.” It may be useful to get some information on-line, but when it comes to the real legal issue (your legal problem), there simply is no substitute for talking to an attorney who can analyze your situation and offer you advice tailored to your specific problem.

Alimony and Your Taxes

Frequently when people start working on their tax returns at the beginning of a new year, I start seeing questions whether Child Support and Alimony are taxable. Before I provide more information, it should be noted that this information is very general in nature and I am not a tax attorney, so if you have specific questions or your situation is confusing, consult a specialist.

However, the short answer is that Child Support is not taxable to the recipient but Alimony is (taxable to the recipient). If you are receiving Child Support and Alimony, check your “divorce papers.” Your property settlement agreement or court order will likely address these two payments, and help you determine how much income to claim on your tax return for alimony, which is defined as required payments by court order or agreement. If the agreement says that the payments you are receiving are not alimony, even though they may look like alimony, they probably are not alimony.

So if the payments you are receiving are not alimony, then you do not need to claim them as income and your ex-spouse cannot take a deduction for the payments. However, if the amount received is taxable alimony*, then you will need to include that amount on your form 1040 as income. This is why it is important to make sure that the types of payments you receive in a divorce are clearly specified in the court order or agreement.

Remember that:

• Alimony gets treated differently from child support on your tax return.
• Alimony is tax deductible to the person who pays it, and included in the taxable income of the person who receives it.
• Child support, by contrast, is not taxable to the person who receives it and is not tax deductible to the person who pays it.

* If you and your spouse have dramatically different incomes, there may be some tax advantages to using alimony, even if a judge wouldn’t ordinarily award it.

Your Right to an Interpreter

If English is not your first language and you are worried about not being able to express yourself in English when you go to court, you should know that both the Federal Civil Rights Act of 1964 and The New Jersey Law Against Discrimination prohibit national origin discrimination. As such, any U.S. agency that receives state or federal funds is obligated under the law to provide you with a free interpreter and translated materials if you need them.  In addition to courts, this law applies to schools, hospitals, police and fire departments, and even some nonprofit agencies. If one of those agencies refuses to give you an interpreter when you ask for one, this may be considered to be a violation of the law and a national origin discrimination.

If you need an interpreter, just ask for one. Note, however, that the interpreter’s job is to correctly interpret into English what you are saying in your native language, and to interpret into your native language what is being said to you in English. The interpreter cannot give you any advice and should not represent you, as his or her job is to simply serve as an interpreter (translator) to make sure that you understand what is being said.

Getting Social Security Number

You need a Social Security number (SSN) to get a job, collect Social Security benefits and receive some other government services. But you rarely need to show your Social Security card. As such, do not carry your card with you. Keep it in a safe place with your other important documents.

Only U.S. citizens, and immigrants who are authorized to work in U.S., can obtain a legal SSN. If you are not authorized to work, you can apply only if you need a SSN to get certain government benefits but you must be eligible for those benefits. You cannot get a Social Security number for the sole purpose of obtaining a driver’s license, as a driver’s license is not considered to be a government benefit.

Often, your SSN is only used to identify you and as such you don’t need it to apply for:

• most bank accounts
• educational tests
• low-cost (subsidized) housing
• school enrollment
• school lunch programs
• private health insurance

However, if you don’t have a SSN, you may still be required to obtain another identifying number. For a bank or to be able to file taxes, you will need an ITIN number*.  

In order to obtain your SSN and card, you will need to prove your citizenship or work eligibility, identity, and age. Note, that all documents submitted must be either originals or copies certified by the issuing agency. Social Security Administration will not accept photocopies or notarized copies of documents.

To prove your citizenship you can present your U.S. birth certificate, U.S. passport, Certificate of Naturalization or Certificate of Citizenship. To prove your U.S. immigration status, you will need to show SSA your current U.S. immigration document, such as Form I-551 (Lawful Permanent Resident Card or Machine Readable Immigrant Visa), I-766 (work permit) or I-94 (Arrival/Departure Record). If you are an F-1 or M-1 student, you also must show your I-20, Certificate of Eligibility for Nonimmigrant Student Status. If you are a J-1 or J-2 exchange visitor, you must show us your DS-2019, Certificate of Eligibility for Exchange Visitor Status.

In general, only noncitizens who have permission to work from DHS can apply for a Social Security number. For most foreign workers, SSA only need to see an I-94, Arrival/Departure Record showing a class of admission permitting work. Some foreign workers must show their work permits from DHS (I-766). However, if you are an F-1 student and eligible to work on campus, you must provide a letter from your designated school official. To verify what information needs to be included in that letter, contact SSA.

To prove your age, SSA required to see your birth certificate, but may consider other documents, such as your passport, to prove your age.

An acceptable document submitted to prove your identity must be current (not expired) and show your name, identifying information (date of birth or age) and preferably a recent photograph. For example: a U.S. driver’s license, a state-issued non-driver identification card, or US passport. Non citizens can show: form I-551 with unexpired foreign passport, I-94 with unexpired foreign passport, or I-766 work permit from DHS. In absence of the primary documents, sometimes SSA may look at: employee ID card, school ID card, health insurance card (but not a Medicare card), or U.S. military ID card.

Once you gather all required documents, fill out an Application for a Social Security Card (Form SS-5) and take it or mail it to SSA. Remember that there is no charge for a Social Security number and card.

* If you can’t get a SSN, you should get an Individual Taxpayer Identification Number (ITIN). Having an ITIN will allow you to pay your taxes, open a bank account, etc. If you are undocumented, applying for an ITIN will not get you in trouble with the immigration.

To get an ITIN, call 1-800-829-3676 and ask for appropriate form.

 

Post-Divorce Mini Financial Checklist

So you got divorced. You have your property settlement agreement. You got your stuff. You are ready to start a new life. Unfortunately, before you can truly start a new beginning, first you still have to take care of a few pesky issues that can haunt you for years if neglected.

• If you decided to change your name, make sure you update your social security card and your driver’s license.
• Update or change all authorizations on your open credit accounts. You probably don’t want your ex charging your MasterCard.
• Re-register your assets and property in your name alone.
• Close joint bank accounts.
• Either pay off all joint debt, or make appropriate arrangements.  
• Obtain and review your credit report.
• Review and update your health insurance. Again, if not required to do so, do you want to pay for your ex?
• Adjust your tax withholding on form W-4 to reflect your new marital status (or notify your human resources department).
• Review your estate plan. If your ex is named as your executor, maybe it’s time to get a new will.

Signing Legal Documents

Many courts, as well as other government agencies have expressed their preference that all documents requiring original signatures should be signed in color, rather than in black ink. This is because original signatures in black ink may be mistaken for copies and, as such, can be rejected. This in turn can result in a significant delay, and missing a filing deadline can mean an end to a case.

The advance in technology and vast improvements in photocopiers and scanners mean that the quality of documents produced by printers and copiers makes those documents nearly indistinguishable from the originals. As such, it is easy to see why some officials can confuse an original for a photocopy.

Using blue pen to sign all legal documents is probably the safest way to go, as it is a professional color and frankly, you will not impress the judge if you submit your documents signed in purple, green, or fluorescent pink.

Green Card Lottery Open October 4, 2011 – November 5, 2011

Every year, the Congressionally mandated Diversity Immigrant Visa Program conducts an online lottery in which many people apply for permanent residence to the U.S. through the Green Card Lottery.  50,000 diversity visas (DV) are available for random selection by a computer, and will be granted to those lucky people who meet strict eligibility requirements from countries with low rates of immigration to the United States.  

Every diversity visa entrant must have at least a high school education or its equivalent or have, within the past five years, two years of work experience in an occupation requiring at least two years’ training or experience.

You can enter this lottery for free, and you don’t even need an attorney.  There is no charge to download and complete the Electronic Diversity Visa Entry Form.  As such, beware of fraudulent websites* posing as official U.S. Government sites, seeking money in order to ”complete” lottery entry forms.  It is not necessary to pay either an immigration consultant or the State Department in order to apply. However, if you are selected as a “winner”, you may want to consider hiring an attorney to assist you in preparation and filing of all necessary paperwork to move your case through the system in a timely and efficient manner.

Important Notice about DV-2013: The online registration for DV-2013 DV Lottery begins noon, Eastern Daylight Time (EDT) (GMT -4), Tuesday on October 4, 2011, and ends noon, Eastern Daylight Time (EDT) (GMT -4), Saturday on November 5, 2011.  

All entries must be submitted electronically during the registration period, and applicants may access the Electronic DV Entry Form DS-5501 at http://www.dvlottery.state.gov. 

Paper entries will not be accepted.  Applicants are strongly encouraged not to wait until the last week of the registration period to enter, as heavy demand may result in website delays.  No entries will be accepted after noon, EST, on November 5, 2011.

Read the DV-2013 Entry Instructions carefully. Entrants may be disqualified for not completing the entry form correctly or by submitting more than one entry. Use the links below for more information.

http://travel.state.gov/visa/immigrants/types/types_1318.html or

http://travel.state.gov/pdf/DV_2013_instructions.pdf

NOTE that for DV-2013, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years: BANGLADESH, BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

For DV-2013, natives of South Sudan and Poland are now eligible for selection, while Bangladesh natives are now ineligible.

Immigrants that entered the U.S. illegally or are “out of status” are typically not eligible for the green card lottery.

*Also be wary of any unsolicited emails. The Department of State notifies successful Diversity Visa applicants by letter, and NOT by e-mail.

Administratively Closed Cases and EADs

DHS has stated that those people whose cases have been administratively closed may be eligible to apply for an employment authorization document (EAD) pursuant to recent announcements on recommended treatment of low priority deportation cases. However, the legal basis for the EAD, specifically, what factors might be used to grant or deny an EAD application under this policy and the validity period of the EAD have not been explained.

As such, no one should turn himself or herself in to immigration authorities hoping to get an EAD, assuming that he or she has a low priority case that will end up being administratively closed. As the DHS FAQ explains, such action carries a high risk that the individual will be placed in removal proceedings and instead of having his or her case administratively closed or terminated, he or she may be ordered removed.

The Difference Between Administrative Closure and Termination of the Notice to Appear (NTA)

Administrative closure is simply a procedural convenience that can be used to temporarily remove a case from the immigration court’s calendar. Under the Morton Memo and the August 18th announcement, ICE attorneys and officers who have the authority to exercise prosecutorial discretion may do so now more frequently in certain cases. As such, cases that are deemed low priority now have a better chance of being administratively closed.  Under the law, a case can only be administratively closed if both parties agree to the closure. Note that a person whose case has been administratively closed remains in removal proceedings, and his or her case can be placed back on the court’s calendar in the future.

Termination, on the other hand, means that the respondent is no longer in removal proceedings. Upon termination, the person reverts to the same immigration status he or she had before commencement of removal proceedings. If the government tries to place that person back into removal proceedings after a case is terminated, it has to file a new Notice to Appear.

DHS’s New Enforcement Priorities

In the June 17, 2011 so called “Morton Memo” on Exercising Prosecutorial Discretion, and a subsequent question and answer guide (FAQ) regarding the Obama Administration and Department of Homeland Security (DHS)  August 18 announcement, DHS has made clear that its highest enforcement priorities are national security, public safety, border security, and the integrity of U.S. immigration system (repeat immigration law violators).

According to the FAQ, DHS will have “zero tolerance” for those apprehended at the border. It specifically states that removal cases involving recent border crossers will not be included in the review of cases carried out by the newly established working group. However, at this time it is not clear how DHS – and in particular CBP and ICE – will define who is a “recent border crosser.”