Immigration Reform is not Amnesty

There are roughly 10 million undocumented immigrants in the United States, and under the current immigration law most of these people are unable to legitimize their status.
As of the time this article is written (March 2013), there is no amnesty and the immigration reform is still only in preliminary stages. Eight Republican and Democratic senators recently released their framework for comprehensive immigration reform and President Obama discussed his administration’s vision of what he thinks should be included in the bill to overhaul the immigration system, but so far these are only proposals and not the actual changes to the law. At this point in time, no one knows for sure if and when we can expect any actual immigration changes.

While there is no new immigration law that would allow all illegal immigrants to legitimize their immigration status, there are already some immigration practitioners who advertise amnesty and promise a quick and easy path to citizenship for all. These people either do not know what they are doing, and as such, they have no business practicing law; or they are scammers looking to rip someone off. Trust no one who guarantees to fix your immigration problems, especially if that person claims to be able to expedite the processing, “knows someone” working at the USCIS, or has “inside knowledge of the upcoming amnesty” that has not been announced to the public yet.

Even if there is an amnesty or even a change to the law that would make it easier to legitimize one’s status, it will not be a “freebie.” It is highly unlikely that the government will just grant everyone an immediate, permanent legal status. It is almost certain that just like DACA, any new law will include various requirements to qualify, and not everyone will be able to meet those requirements. One proposal states that in order to be able to apply for a green card, an illegal immigrant would have to pass a background check, pay a fine, pay back taxes, demonstrate employability, and prove English proficiency. No special treatment will be given, and those applying will still have to wait to find out if they have been approved or not. Under the best case scenario, it will take more than 12 years for an undocumented alien to become a U.S. citizen, and only if he or she qualifies.

At this time, it is best to wait and stay informed. And remember, if something sounds too good to be true, it probably is.

Fault v. No-Fault Divorce

There are many theories on the value of having a fault vs. no fault divorce, and while many states no longer have divorces based on fault grounds, there are still states in which you can get a divorce on a fault ground, some of which are adultery, cruelty, desertion, addiction, or incarceration (for more than a year).

However, even if the state you live in allows fault-based divorces, you should consider whether fault makes a difference in your case. If you feel that you have been wronged by your spouse, you may believe that it is your right or even an obligation to show the world that your soon-to-be-ex is a cheat, abuser, or a basket-case, but short of having some psychological release by “airing things out,” you may not be deriving much of an actual tangible benefit from having a fault-based divorce.

Even if you can prove your spouse’s fault in court and the judge finds your spouse to be at fault – it is usually only one of many factors that are considered when dividing the marital property, awarding alimony, or determining custody. So how will fault-based divorce actually help you – Will establishing fault expedite or prolong the process of getting divorced? Will your spouse be punished, if so, how will that benefit you? Will you get a better deal in your marital settlement? Will your emotional wounds heal faster?

You should realize that unless the facts in your case are so extraordinary or so compelling as to make even the most hardened of judges weep, most judges simply do not put that much weight as to whose fault is it that the marriage is ending. Also, it is not easy to actually establish grounds for divorce. If both parties accuse each other of being at fault, the judge is faced with the “he said/she said” problem and may not know whom to believe. When that happens, judge will most likely ignore both sides’ allegations of fault and just proceed with the rest of the case. If that happens, not only you will not gain anything, but you will waste your time, money and energy, and may even annoy the judge who still has to decide the rest of the case. Unless you have documented evidence, consider whether it’s worthwhile for you to be assigning fault for the breakdown of the marriage.

Rather than concentrating on establishing fault, the emphasis should be on moving on with your life. Even if your spouse left you and you did nothing wrong, consider ending your marriage without accusations and blame, which will only make your spouse more defensive and may prolong the entire process. As difficult as it may be during a divorce, think about the future and how you want to live your life post divorce. If you have children, chances are your spouse will somehow be involved in your children’s life and you will have to maintain contact with your spouse. As such, ending your marriage in a civilized way, without the unnecessary drama, will help all of you to recover sooner and to move forward.

Most Popular Job Scams and How to Avoid Becoming a Victim part 2 of 2

There are a few steps and precautionary measures you can take in order to avoid becoming the victim of a job scam.

1. Don’t give out personal information until you are sure the employer is legitimate. This means more than just checking to see if the business has a website. Have you ever heard of the company before? Did you send them your resume, or are they contacting you out of the blue? Do any of you friends or family members work for or know of the company? How long has this company been in business? Is the company website unusually flashy with too many pictures, exclamation marks, and assurances?
2. Stay away from high-pressure sales pitches that require you to enroll/apply “right now.”
3. Be cautious about purchasing services or products from a company that’s reluctant to answer your questions or give you more information.
4. If the agency promises you a job placement after you complete its paid course or training, ask for the placement statistics. Remember that no agency can boast a 100% placement rate! Also, ask to speak to real course graduates.
5. Don’t just give out all your private information. No employer needs to know your credit card number, your mother’s maiden name, or have a copy of your tax returns. Unless you are applying for a security clearance, no employer should be asking such personal information from you.
6. Make sure you know what you are applying for. A real employer will be honest and open about the responsibilities and duties the position entails. A scam artist will be intentionally ambiguous.
7. Meet the employer in person for an interview. Most scam artists will avoid face to face meetings to be able to more successfully “disappear” after the crime. If an employer refuses to have a face to face interview or keeps rescheduling to prevent you from seeing him or her, don’t give them your private information.
8. Check with your local consumer protection agency, State Attorney General’s Office, and the Better Business Bureau to see if any complaints have been filed about a company with which you intend to do business. You also may contact these organizations if you have a problem with an employment-service firm.
9. Once you get scammed, report the incident! Contact your local consumer protection agency, State Attorney General’s Office, Better Business Bureau, FTC, or police.
10. Use your common sense. If it sounds too good to be true, chances are it is. There just aren’t that many unskilled jobs where you work from home part time and make $200 an hour.
11. Finally, if you get scammed, don’t be too hard on yourself. Many scams are so sophisticated nowadays that even highly experienced professionals have a hard time distinguishing between a legitimate opportunity and a scam.
12. Unfortunately, once your money is gone, it is gone for good. It will be very difficult if not downright impossible to get anything back.

Safe Halloween 2012

Here in New Jersey, we are preparing for the hurricane Sandy to arrive so not too many people are thinking about Halloween. There are, however, those who just can’t wait to get dressed up and go tick-or-treating this Wednesday. For those, here are some helpful tips on how to make this an enjoyable and memorable occasion.

• If your child will be trick-or-treating without you, decide on a route beforehand and don’t allow your child to go door to door alone.
• Be sure to walk on the sidewalks and driveways. When crossing a street, do so safely.
• If possible, carry a cellular phone and not just a camera. Make sure your electronics are fully charged.
• Make sure your children carry a flashlight or glow stick to be visible.
• If you bring your pet along, make sure your dog or cat has proper identification.
• Remind your children of the dangers of getting into a stranger’s car or house.
• If your children have a food allergy, carry their emergency medicines with you.
• When driving, be mindful of other children. Be alert and obey the speed limit in neighborhoods.

Most Popular Job Scams and How to Avoid Becoming a Victim part 1 of 2

Let’s be honest: finding a stable job in the current economic turmoil is more than difficult. The unemployment rate is rising, and the number of good jobs on the market is falling. Naturally, anyone who wants to get a job realizes that they need some sort of leg up on the competition. Unfortunately, con artists are aware of this fact as well, and in the recent years there has been an increase in the number of people who fall victim to different types of employment scams. In this article, we will outline several types of employment scams and give advice on how to avoid getting scammed.

Consultation Scams: In this scam, a “consulting firm” contacts you and claims to be able to offer some sort of “service” that will greatly increase your chances of, or even guarantee, finding a job. Often times these “firms” will have a very official looking website and flashy advertisements proclaiming firm’s high success rate. When you call the “firm,” they will instruct you to send them your resume, along with other, more private information, such as your Social Security Number or even tax forms. Once you have sent them all your personal information, and oftentimes some sort of “processing” or “consulting” fee, you will eagerly await their assistance, only to be never contacted again. You will try to find the website that attracted you in the first place, but it will have disappeared, and you will have been left with the knowledge that someone out there currently has all your personal information.

Bait and Switch Scams: As the name implies, this scam involves an employer advertising an appealing job, usually with a high salary and immediate work. Excited, you immediately call the employer, send in your resume, and seek an interview. At the meeting, you find out that the dream job is “regrettably no longer available.” If you’re still interested, though, there is another job, at a “slightly” lower salary with “slightly” different duties. The job the employer ends up offering you is much different from the one that you thought you were applying for, much worse to be specific. The truth is the original, dream job never existed, and the employer or recruiter simply wants to attract the most qualified potential employees to interview in hopes that he or she can convince them to settle for the worse job.

Fake Training or Fake Equipment Scams: Both of these types of scams involve an advertisement that offers a good job with little to no experience necessary. When you contact the “employer,” they will claim that in order to get the job, you will need to go through some sort of training program they provide, at a fee of course, or buy from them some sort of equipment or start-up kit that is required for the job. While there are some legitimate businesses that work this way, most such “opportunities” are from scam artists whose goal is to make money selling useless programs or equipment. Oftentimes, you go through the whole “training program,” buy the “required equipment,” and then find out that “all the job openings are currently filled” or the company disappears altogether. Be wary of any company that guarantees an automatic job placement!

Phishing Scams: Unlike the previous scams, these scams occur mostly online. You receive an unsolicited email from a potential “employer” claiming to have a perfect job opportunity for you. All it asks is that you fill out a form which will ask for some private information, such as your phone, address, even your Social Security number. What the “employer” does not tell you is that all this information will be sold to third party sources. After you have given out all your information, you will never hear from the “employer” again.

Attorney Fee for a Divorce

Often times the first thing a potential divorce client wants to know is how much his or her divorce is going to cost. Most of the time, the answer is “it depends.”

A divorce is not like a one size fits all process, as it depends on the facts and situation of the particular couple. Each client is unique and so is his or her marital situation.  Some people have been married for over 20 years; others have been together less than 2 years. Some people have many assets and valuables, while others have barely enough to pay rent. Some couples have children, when others have pets they treat like their children.

If the divorce is uncontested, meaning both spouses have worked out the terms of their separation, or there is nothing to fight over (no property and no children), naturally such a divorce can be quite inexpensive and often can be handled on a flat fee arrangement. That means that the attorney will ask for a set fee regardless of how much time, he or she will spend working on the case. Frequently the fee will be quite low as the attorney is not expecting to spend a lot of time on a case.

Also, there are quite a few “divorce-shops” offering cheap divorces for as little as $30.00. Many couples are attracted by the promise of a cheap and painless divorce, but only a few can take advantage of such a service, usually only those who have been married for a short time and don’t have any children. It should be noted that divorce shops are generally only document-preparation services. They are not qualified and should not offer legal advice or counsel. So, if you have unresolved issues or need legal advice, divorce shop is not for you.

Thus, the key to a quick and cheap divorce is communication. If you cannot sit down with your spouse and calmly talk about your issues, your divorce will be neither quick nor cheap. If the couple starts fighting over property or children, the divorce becomes contested and an attorney will most likely handle it on an hourly fee. The number of hours spend on a particular case, you guessed it, depends on the complexity of the case.

It is nearly impossible to even estimate the cost of contested divorce. Here’s a general rule of thumb though: the more complicated and emotional the divorce, the more expensive it will be. In the end, it is up to the couple just how much their divorce will cost.

Here are some issues that will determine the cost of a divorce:

• Whether the divorce is adversarial or collaborative. If the couple can come to terms and resolve issues regarding child support, child custody, and division of marital property – the divorce will not only be cheaper but it will also conclude much faster.
• Whether there is still some trust and communication. If the spouses simply no longer trust each other or they can no longer communicate effectively, they may have trouble negotiating with each other. That means that they will depend on the lawyers and the judge to resolve everything between them, and that means that their divorce will take longer and cost more.
• If you and your spouse battle over custody of the children. In a custody battle you may incur fees related to expert evaluations (like psychiatric evaluations). If the court appoints a Guardian Ad Litem, you will have that expense too. Not to mention that a custody battle simply means much more work for the attorney.
• How many marital assets and debts there are to divide. If there has been an accumulation of large amounts of marital property and debts, not only there may be a need for a lawyer, but there may be a need for accountants, financial planners, bankers, business valuators, real estate appraisers, financial analysts, pension funds experts,  insurance brokers, and perhaps a therapist or two. That is all added expense.

It should be noted that some less forthright divorce shops and even attorneys lure potential clients by advertising low fee divorces, only to increase their fees once the client signs up for the services. For example, even a $30.00 divorce is in reality a $280.00 divorce, since the court filing fee alone is $250.00 (in New Jersey). Before you retain an attorney verify whether you are paying a flat fee or hourly fee, and whether any filing fees are included.

Also, no lawyer will take on a divorce case or custody case on a contingent fee* basis.  Such financial arrangement is prohibited by the law.

*Contingent fee usually means you will not be charged legal fees if you lose the case, although you may be responsible for out-of-pocket costs. If you win, you pay the lawyer a percentage of the money the court awards you. Contingent fees are common in certain personal injury cases.

 

Deferred Action for Immigrant Youth

The Obama administration recently announced that it will offer relief from deportation for young immigrants who were brought to USA as minors, and meet specified precise requirements. Thus the announcement temporarily eliminates the possibility of deportation for youths who would qualify for relief under the DREAM Act, hopefully giving Congress an opportunity to craft a bipartisan solution that can set a path towards permanent residence for qualifying young people.

It should be noted that the President merely directed DHS (Department of Homeland Security) to exercise prosecutorial discretion to grant deferred action to qualified immigrant youth, and did not create a new law. Deferred action is a form of prosecutorial discretion that allows an individual to remain temporarily in the United States. Such individual can then also seek work authorization. Deferred action does not confer permanent residence (green card). Moreover, it is not an amnesty. Under this program, deferred action may be granted for two year increments and may be renewable.

Eligible applicants must:

• Be less than 30 years old, and have entered before the age of 16
• Have been present in the U.S. for at least 5 years as of June 15, 2012
• Have maintained continuous residence
• Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety
• Be currently in school, graduated from high school or have a GED, or must be an      honorably discharged veteran of the Coast Guard or Armed Forces of the United States.

As part of this exercise of prosecutorial discretion, the above criteria are to be considered whether or not an individual is already in removal proceedings or subject to a final order of removal. No individual is to receive deferred action unless they first pass a background check. Also, requests for relief are to be decided on a case by case basis. DHS did not provide any assurance that relief will be granted in all cases. Moreover, ICE Director John Morton urged qualifying individuals to NOT turn themselves into ICE or CBP. Rather he advised them to wait for announcement of the formal application process. He also warned that everyone should beware of scam artists and fraudsters who may try to take advantage of this announcement to scam desperate people seeking to legitimize their immigration status.