Every two years, USCIS conducts fee reviews to determine if they are adequately recovering the costs expended to successfully operate. Most of their budget is derived from collecting fees that accompany petitions and applications from individuals seeking immigration benefits. USCIS fee revenues have reportedly been lower than projected, so they are proposing fee adjustments to hopefully successfully recover costs of operations. The other apparent option is to cut staff, which would lengthen already long application processing times.
[ Read More → ]Obama releases statement regarding employment benefits for same sex partners
June 10th, 2010On June 2, 2010, President Obama released a statement addressing the extension of employee benefits to same sex partners of federal employees. Last year, he issued a Presidential Memorandum stating that the Office of Personnel Management and the Secretary of the State were to extend such benefits as long-term care insurance and expanded sick leave to same sex partners of identified gay and lesbian federal employees. At that time, he also instructed federal agencies to identify other benefits that should be made available to same sex partners. Based on this identification process, in his recent statement, he has instructed all executive agencies to immediately extend more benefits to same sex partners, such as family assistance services, hardship transfers, and relocation expenses. It also requires any new benefits that are made available to federal employees’ be automatically extended to their same sex partners, so long as it is permitted by law.
[ Read More → ]A Defendant has to Speak in Order to Remain Silent
June 10th, 2010Ever since the monumental decision Miranda v. Arizona, the phrase “you have the right to remain silent” has been given epic importance, from judicial decisions to pop culture to the street level interactions between police and criminals. And up until Berghuis v. Thompkins, that right was fairly accessible, though ephemeral, protection. Unlike the other protected right under Miranda warnings, the right to have an attorney present during questioning, the right to remain silent did not need to be explicitly raised in order to be invoked.
[ Read More → ]NY Trial Court Sentences Wife to Jail Time for Alienating Children from Father
June 10th, 2010A New York trial court judge ordered a six weekend sentence to a woman for civil contempt, based on a finding that she had deliberately alienated her children from their father, her ex-husband, in violation of their separation agreement signed at divorce. After an extensive hearing and hours of testimony by the father, the Judge found that there were countless instances in which the wife interfered with the father’s ability to exercise his visitation rights, in addition to harsh attempts to manipulate the children into favoring their step-father over their biological father. The Judge also noted that the mother had made false claims that the father had sexually abused the children.
[ Read More → ]TPS Fee Waiver Requirements
May 20th, 2010Applications to USCIS usually require fees to be included in order to be processed. However, in certain circumstances, USCIS may allow for fees to be waived. In order to get a fee waiver for a TPS application, USCIS has provided guidance on what should be included in the written statement requesting the waiver. The key [...]
[ Read More → ]Renunciation of US Citizenship Increasing
May 20th, 2010In 2009, there was a substantial increase in United States citizens living abroad renouncing their United States citizenship. It is speculated that this increase is due to frustrations dealing with taxes and banking problems, especially those relating to taxes for citizens who work abroad. Many fall within the category of workers who will have to [...]
[ Read More → ]Child Visitation Rights for Same-Sex Partner
May 20th, 2010The New York Court of Appeals has held that, under New York law, a same-sex partner who had not legally adopted her partner’s biological child cannot assert visitation rights. The court determined that only biological or adoptive parents can seek visitation and other rights over a child. The lesbian couple has received a civil union [...]
[ Read More → ]Maryland to Follow Arizona’s Lead?
May 20th, 2010Despite the public opposition by the president and other politicians to the Arizona legislation allowing officers to arrest anyone who fails to provide proof of legal status, Maryland Delegate Pat McDonough has proposed a similar bill in Maryland. However, Maryland Governor O’Malley is not behind this legislation, and Maryland lawmakers have actually, in the past, been [...]
[ Read More → ]EPA issues new rule to regulate greenhouse gas emissions
May 20th, 2010The EPA has issued a new rule, which will go into effect in July 2011, requiring new sources of at least 100,000 tons of greenhouse gases per year and all existing plants that have increased emissions of 75,000 tons will have to seek permits. The permit program is intended to regulate the country’s large emitters, [...]
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