Injury Lawyer 4 U

5 Problems that Can Derail Your Awarded Social Security Disability Benefits

2011-09-30T10:28:00.000-04:00

5 Problems that Can Derail Your Awarded Social Security Disability Benefits

Author: Jeff Davis

Millions of Americans rely on Social Security Disability Insurance (SSDI) each year to provide a safety net for when they are at their most vulnerable, physically and financially. Every worker files away a little bit with their paycheck in the belief that, should they ever need it, they would have Social Security insurance to fall back on. Unfortunately, the U.S. Social Security system is said to be an outdated and severely backlogged by its critics and constituents alike. The claims process can take anywhere from one to three years and is notorious for denying otherwise deserving applicants based on technicalities and subjective opinion.

What claimants need to realize is that the Social Security office and its employees are not there to aid them in acquiring benefits. The Social Security Administration is responsible for assisting in the completion of applications and achieving a settlement based on need. The complicated maze of paperwork, the background medical evidence, or the opinions of outside doctors are not their concern.

Many claimants make the mistake of waiting two years to appear before a judge, only to realize that their case could have been stronger with the help of someone more knowledgeable in the field of Social Security disability law.

This is where an attorney can be of tremendous use. An attorney can side-step many of the typical delays and navigate the system much more efficiently than a layperson could on their own. Here are some common occurrences that can derail your Social Security insurance benefits and what you can do about them:

Double-check to make sure you are insured under SSDI. Social Security benefits are awarded regardless of financial status, but they are subject to eligibility based on whether you are insured for Title II Social Security Disability. Some employers opt out of paying Social Security Disability Insurance, so it is always a valuable step to check.
Show that you cannot or have not been able to meet the material and substantial obligations of your employment since the onset of your disability. This is best proven through a treating doctorís records or testimony.
Solicit help from your treating physician to show that you meet the medical diagnosis listing. Even though the Social Security Administration will encourage or even mandate visits with their own doctors and psychologists, it is to the claimantís advantage to seek out their own medical opinion and solicit the help of a medical records specialist to compile a record as detailed and consistent as possible. Your claim for disability will most likely rest upon your doctorís medical opinion specifying work limitations based on your current health and capacity. It is vital to ensure that this argument cannot be denied.
Expunge information that can be collected about you or your condition online. This information can be used against you to invalidate your claim.
Do not underestimate the value of an attorney during a hearing. A Social Security Disability Insurance attorney will be well-versed in the local idiosyncrasies and delays you may encounter while you attempt to obtain your benefits.

Get Patents & Reap Benefits

2011-05-27T11:10:00.000-04:00

Today, we are living in the age of information technology & spreading our wings to every aspect of the society. We exchange our information (ideas, techniques, process, and product) to a target group but we never come to know this thing that someone is also targeting our information. So we are much prone to unintentionally leakage of our precious ideas as our information passes through different portals.

It is the human tendency to share their innovative thoughts with their near & dear ones but that proves fatal, in most of the cases, in respect of the that original creation or your property i.e. intellectual property (IP).Most of the people acts indiscreetly & ignorantly which results in jeopardizing the chance of saving their intellectual property i.e. novelty of ideas as they comes under public domain & lose their chance to be protected by the INELLECTUAL PROPERTY RIGHTS.

Intellectual property literally means some academic or scholar work. Intellectual property (IP) pertains to any scholar or any original creation of the human intellect; that work can be artistic, literary, technical or scientific creation.

Intellectual property rights mean those rights which are given by the State to the inventor or creator to protect one’s invention or creation for a certain period of time.

Need for intellectual property rights:-

For individual: - IP helps to protect investment of time, money, effort & such other resources of the inventor or creator.

For public:-IP provides a pool of information to the general public since all forms of IP are published in journals & magazines except in case of trade secrets.

For country:-IP provides a mechanism of handling infringement, piracy and unauthorized use & it encourages industrial development & technological advancement which leads to overall economic development of the country.

Bundle of rights:-

IPR are bundle of rights i.e. it includes the various independent rights. Following are the various independent rights for which IPR collectively provides protection:

1. Patent Right(Patent Act,1971 & Patent Rules,2000)

2. Industrial Design(Design Act,)

3. Trademarks (Trademarks Act)

4. Copyright(Copyrights Act)

5. Geographical Indication(Geographical Indication Of Goods Act)

6. Trade secrets(Common Law)

7. Circuit Layout Design(Semiconductor Layout Design Act)

India at International level:-

• The fact that India is a member state of World Intellectual Property Organization (WIPO), an international organization, responsible for the promotion of the protection of intellectual property throughout the world proves that India has proved its potential & has been acknowledged at international level.

We are here concerned with Patent Law; A patent is an exclusive right granted to inventor or creator of a useful or improved article or a new process of making an article for a specified period of time. After the expiry of the duration the invention becomes part of public domain i.e. everyone can use it. So Patent means monopoly rights of inventor in respect of an invention.

Geographical limits of the patent:-

Patent is granted for a specific invention in a particular country in which an application is made for the same cause. There is no international patent as such though it has acquired an international character. For e.g. a patent granted in India is valid only for India and not in the USA. However, a patent granted in the EPO is valid in all the contracting states recognized by European Patent Organization. The protection so granted in a country / region not only identifies the rights of the creator/ inventor or his assignees, but also enables the right holder to enforce his rights against infringers.

Moreover, several international agreements, treaties & conventions exist to monitor that the inventor/creator are not denied of his/her rights like European Economic Community Treaty(EEC),Patent co-operation Treaty(PCT),European Patent Conventions and Protocols(EPC),Community Patent Convention and Protocols(CPC) resulting in a common patent office for granting common patents applicable to the member countries.

What can be patented?

Only inventions can be patented.Sec.2 (1) (j) defines invention as an invention means a new product or a new process involving an inventive step & capable of industrial application. Invention includes within its scope any new & useful improvements of any manner of manufacture, article or substance whether patented or not but such improvement must qualify independently to satisfy the pre-requisites of the patent i.e. novelty, inventive step & capable of industrial application.

Who may apply for patent?

An application for a patent may be made by inventor, either alone or jointly with another, or his/their assignee, legal representative of deceased inventor or assignee are entitled to apply. For e.g. If a person invents a new product or process & unfortunately soon after that he dies then his legal heirs can or any person authorized by him before his death can apply for patent.

Term & date of patent:-

Term of every patent will be from 20 years from the date of filling of patent application & date of patent is the date on which the application for patent is filed, irrespective of the fact whether it is filed with provisional or complete application. To keep the patent in force renewal fee is to be paid every year. The first renewal fee is payable for the third year of the patent’s life & must be paid before the patent’s second anniversary. Term of patent can’t be extended beyond the specified term of patent.

Where a patent application should be filed?

The Indian Patent Office has its head office at Kolkata, which has three branch offices located at Mumbai, Chennai and Delhi. The Controller General heads the Patent Office and each branch has a Controller as its head. In case of an Indian applicant, the patent application must be filed at the patent office under whose jurisdiction the applicant’s has his place of work, or place of residence or place where he conduct business from.

For e.g. if an applicant provides a Chandigarh based address, the application must be filed at the Delhi Patent Office. In case of foreign applicant/s, the jurisdiction in which the patent application is filed would be based on the address for services of the applicant’s agent. For e.g. if the address for services for foreign applicant is based at Bangalore, the patent application must be filed at the Chennai Patent Office.

What are the rights given to the patentee?

The patentee (i.e. an applicant who has been granted a patent) has the exclusive right to prevent unauthorized third parties from making, using, offering for sale, selling or importing the patented product or process in India.

Patent information centre:-

Patent Information Centre (PIC) has been set up in 20 states & is further expanding in other states. Patent information centre provides information regarding the techniqulities & procedure laid down by the government to get a patent. One can get all the information regarding the filing of the patent application & further procedure up till the patent is not granted. The centre provides general precaution for the applicant before & after applying for a patent. The most common mistake which an applicant often does is to publish their invention in newspaper or scientific & technical journals, before applying for patents.

Publication of an invention, even by the inventor himself, would (except under certain rare circumstances) constitute a bar for the subsequent patenting of it. Similarly, the use of the invention in public, or the commercial use of the invention in public or even in secrecy, prior to the date of the patent would be a fatal objection to the grant of the patent. However the secret working of the invention by way of reasonable trial or experiment, or the disclosure of the invention to other confidentially may not result into loss of novelty.

Another mistake, which is frequently made by the inventors, is to wait until their inventions are fully developed for commercial working, before applying for the patents. Delay in making application for a patent involves certain risks. so it is advisable to apply for the patent as soon as one’s invention get a physical appearance with 3-D drawings sheets depicting the whole model.

Incentives for obtaining patents:-

An innovative industry can gain competitive advantage in the market if it develops the necessary expertise and skills in developing and manufacturing new products, which are patented. For example, the advantage of a three year excise duty exemption or exemption from Drugs Price Control Order may translate into reserves / income which may offset the cost towards R&D. In order to promote R&D and innovation in Indian industries, Government of India provides a number of fiscal incentives and support measures to industries. Some of them are following:-

• Excise duty waiver on the patented article for a period of 3 years from the date of commencement of commercial production provided that such products be designed &developed by wholly owned Indian companies.

• Exemption from drug price control for a period of 5 years from the date of commencement of commercial production provided that they are produced from the basic stage by a process of manufacture developed by the unit through its own R&D efforts.

• Weighted tax deduction @ 150% on R&D expenditure is available to companies engaged in the business of biotechnology, or the business of manufacture or production of drugs, pharmaceuticals, electronic equipment, computers, telecommunication equipment, chemicals and manufacture of aircraft and helicopters. The expenditure on scientific research in relation to drugs and pharmaceuticals shall include expenditure incurred on clinical trials of drugs, obtaining approval from the regulatory authority under any Central, State or provincial Act and the filing of a patent application in India.

• Depreciation allowance at a higher rate is available in respect of plant and machinery installed for manufacturing goods based on indigenous technology developed in recognized in-house R&D units, Government R&D institutions, national laboratories and Scientific and Industrial Organizations (SIRO). The present rate of depreciation for plant and machinery is 40% as against 25% for other plants and machinery.

• Income tax exemption:-Under Section 35(1)(i) of the Income Tax Act 1961, the revenue expenditure on scientific research, by recognized R&D units, on activities related to the business of the company is allowed full deduction. Under Section 35(1)(iv) expenses of capital nature could be deducted totally from the income of the year in which the expenses have been incurred. Section 35(2AA) of the IT Act 1961 provides for a weighted tax deduction of 125% for expenses on sponsoring research programmes at National laboratories functioning under ICAR, CSIR, ICMR, DRDO, Department of Biotechnology, Department of Atomic Energy, Department of Electronics; IIT and universities.

3 Hidden Benefits of Hiring a Criminal Defense Lawyer

2011-05-24T14:58:00.000-04:00

Being accused of criminal offence is a traumatic experience especially when you are not guilty and unaware of the legal procedures. Not every accused person is guilty. But, if you do not choose a specialized criminal defense lawyer, you won't be able to prove your innocence in front of court. It is a wrong tendency among many people to think that they can handle the case on their own. But end up doing further damage to the case. A professional criminal defense lawyer can fight for your rights and draw a successful conclusion to the case.

A specialized criminal lawyer will not only defend your rights on court, but will also:

* Reduce your punishment or imprisonment: Criminal defense lawyers can help even if you are found guilty. A skilled attorney can minimize your sentence and fines. However, it is important to hire a lawyer as soon as you are charged with a criminal offence. Any kind of negligence can cost you a lot in the long run. A qualified lawyer will arrange all the evidences to build a strong case in your favor to reduce your punishment in case you are found guilty. A reputed lawyer will have good reputation in court. Perhaps he knows some of the court officials and prosecutors. This will help him negotiate deals and plead to lessen your punishments.

* Investigate your case: Perhaps the police officer who arrested you has missed some of the most vital evidences that can prove your innocence. Your attorney will investigate the case critically. He will employ a variety of resources to arrange evidences to defend your rights. Criminal defense lawyers are experts about every aspect of law. They know how to deal such cases for a favorable outcome.

* Provides you peace of mind: No matter how much you know about law, or even if you are a lawyer, do not represent yourself on your own. It is important to hire a specialized lawyer who has no emotional ties with your case. Your lawyer's honesty and experience will play a crucial role to defend your rights. Remember, you conviction will not only affect you, but the future of your family as well.

Moreover, it will affect your career opportunities as well. So, it will be a wise decision from your side to hire a reputed attorney who can help you avoid such disasters. By hiring an attorney, you know that in one of the most devastating times in your life, you have an expert professional beside you.

If you are looking for an expert lawyer in the field of criminal defense, Harris County has ample of options for you. But, it is important you check the reputation and record of the attorney before hiring.

Worker Compensation Claim Attorney

2011-05-23T10:27:00.000-04:00

Author: lawyer project

Workers' compensation, (frequently referred to as workers' comp) is an insurance that provides medical benefits and wage replacement for employees who are injured on the job, in exchange for the employee relinquishing the right to sue his or her employer for negligence.

Workers comp claims are often not as cut and dry as one might expect as some states require employers to carry insurance that includes employee benefits over and above lost wages, such as travel expense reimbursement, rehabilitation benefits and permanent partial disability benefits, etc.

Consult a worker compensation attorney for advice on your case if you have questions or believe your workers comp claim is not being handled in a fair manner.

Every state mandates worker compensation coverage for the majority of workers in their respective states. Plans do differ between states, but provisions can be made for weekly payments to replace lost wages, economic loss compensation (both past and future) and reimbursement or payment of medical and like expenses such as surgery, prescription medicines, rehabilitation, etc.

Dependents of a worker that was killed on the job may also receive benefits. In general, punitive damages for employer negligence or damages for pain and suffering are not available in workers comp plans. A worker compensation attorney can answer your questions and guide you through the claims process if you have suffered from an injury at work and are unclear on what benefits you are owed.

The most common benefit of workers compensation is wage loss. An employee is entitled to receive wage loss benefits if they have missed work due to an injury incurred on the job. In some cases, a person actually loses their job due to an injury sustained at work, which may also entitle the claimant to workers compensation benefits. There are two types of wage loss:

Temporary total disability – this is when the insurance company must pay the claimant while they are off work due to their injury
Temporary partial disability – this is when the insurance company must pay if the claimant has to change jobs and makes less money than in their previous job.

Workers compensation laws were enacted to ensure that people injured on the job would receive medical care for injuries and illnesses sustained at work, with financial compensation that would amount to a percent of lost wages. The system in theory is supposed to be easy for an injured worker to navigate, but unfortunately it is far more complicated than one would hope.

Whether you are fighting a denied claim, seeking more benefits or just have questions, contact a workers compensation attorney who can assist you in the claims process as you pursue the maximum financial remedy for your injuries.

How To Apply For A Student Visa

2011-05-20T09:15:00.002-04:00

Author: Michael Moody

Prospective students applying to academic programs should start contacting schools at least a year before they plan to start their studies. Most students submit between five and ten applications to many schools. After a student has been accepted to a school, the school will issue a Certificate of Eligibility form, more commonly called a SEVIS I-20. The school will complete this form. This form is the school's official statement to the US government that the student has

-submitted all the correct documentation to the school,
-meets the qualifications for admission to the school
-has been admitted for a full time course of study.

Once the student receives the Form I-20, he/she should review the document and should there be any mistake, the student should send it back to the school for correction. If the student is under 18 years old, he/she should get the Form I-20 signed by a parent or guardian.

After receiving the Form I-20, the next step in the application process is to apply for a student visa (if the applicant is outside the US.) or apply for a "Change of Status" (if the applicant is already in the U.S.). It is recommended to start the student visa application or change of status process as far in advance as possible, but note that F and M visas will not be issued more than 120 days before the start-date as found on Form I-20.

Applying for a Visa or a Change of Status

Students applying to change their status will deal directly with USCIS. He/she should file Form I-539 Application to Extend or Change Non immigrant Status.

If a student has entered the US on a visitor visa and wants to change status to F-1 or M-1, he/she has to wait for the change of status application to be approved before starting the course of study else the application will be denied.

Applying for a Student Visa at a U.S. Consulate

A prospective student with a Certificate of Eligibility (SEVIS I-20) from a US school can apply for an F-1 or M-1 visa at a US consulate in his/her home country. The student must be physically present in order to apply.

Students generally can apply for a student visa up to 90 days before registration will begin at their school. Considering processing delays, it is better to apply as soon as possible within that 90-day period. Some consulates do accept student visa applications before the beginning of the 90-day period, to allow time for security clearances and other delays. Students have to contact the local US consulate regarding its application procedures. Many consulates insist on advance appointments. Just getting an appointment can take several weeks, so applicants should plan properly.

Once the student gets in touch with the consulate, he/she will have to complete the visa application
-Form DS-160. This form should be the electronic "e-form application." available at https://ceac.state.gov/genniv/.
-Form I-134, Affidavit of Support: Those students who do not have sufficient funds to support themselves while in the US should submit evidence that an interested person will provide support.

Form I-134 is used to ensure that while the foreign student is in the US, he/she will not become a public charge. The person who signs Form I-134 on behalf of the foreign student is called the "sponsor". By signing Form I-134, the sponsor agrees to assume financial responsibility for the foreign student in the event that the student becomes unable to meet his/her living expenses.

Making a Claim for Head Injuries

2011-03-24T11:30:00.001-04:00

Author: Isla Campbell

If you have suffered from a head injury that you feel wasn't your fault, you may have grounds to put forward a claim for compensation. Whatever the cause of your head injury, dealing with an injury of this type can often be life changing. However serious your case, a head injury will have some sort of effect on your lifestyle. Perhaps your injury is severe and life changing, or perhaps it has been less severe but you have still had to take several months off work in order to recover. In either of these cases, you may be eligible to receive compensation.

Head injuries may require a lot of specialist care, and you may have to receive medical treatment, rehabilitation, and specialist equipment in order to help you back to independent living. Sometimes, living independently following a head injury is not possible and you have to use medical equipment and/or aids for the rest of your life, a prospect which can be highly upsetting for the individual and their families, as well as costly. In order to deal with situations like these – and many others in varying degrees of seriousness – victims may wish to apply for compensation that will help them plan for the future.

While compensation cannot reverse the damage done, it can make things easier for you and your family to deal with your injury over the coming years. It could be the case that your spouse has had to leave their job in order to look after you, or that your reduced income is no longer enough to support your children, in which case compensation can prove a lifesaver for those unable to live the way they used to. And when your head injury is not your fault, however you obtained it – for instance an accident at work or a road traffic accident – you may be able to make a claim and receive compensation.

If you wish to make head injury claim for yourself or on behalf of a loved one, your first step is to seek out expert advice. You can call a specialist law firm and speak to an expert solicitor about whether or not you have a claim.

Once again, compensation does not reverse the pain caused by a head injury, but it can go a long way towards helping you and your family cope with the aftermath of one.

The author of this article is a part of a digital blogging team who work with brands like RJW. The content contained in this article is for information purposes only and should not be used to make any financial decisions.
Article Source: http://www.articlesbase.com/law-articles/making-a-claim-for-head-injuries-4460047.html
About the Author

Isla is a part of the digital blogging team at cashzilla.co.uk who work with brands like RJW Claims Direct. For more information about me, or to keep up to date with the latest in finance news, check out my posts at cashzilla.co.uk or visit my Twitter account, @cashzilla.

Law of Divorce

2011-03-23T11:29:00.001-04:00

Author: richard goma

Divorce process can be a lengthy and winding road. It can be now fairly typical and legal in some states in distinct countries. Other couple just separated silently but other people wish to file for divorce for legality sake and to make their wedding null and void creating both parties free from particular obligations. And also the process can take much time but for those couple who had filed it would consider it full of worth.

Usually, the first step in the divorce procedure would be the separation of both parties. The spouse must move out from the residence they've shared with. This might be extremely vital and can be a trial for both parties to see if the divorce they've decided on is imminent. It can either brought positive results generating the couples understand they would still wish to be together or might be a definite step to initiate the divorce process. If they're still together, then it won't be recognized as a legal separation and any assets and debts created are still joined together. They'll be dealing having a significantly significant stuff including an agreement to divide property and temporarily establish spousal support and child custody later on. Any assets or debts accumulated throughout the separation belong to the individual as opposed to the couple.

The next thing in this process is filing a petition which can only be filed within the state where they lived and should have already accomplished the separation requirements. The ‘Complaint for Dissolution of Marriage' will need suitable forms to be completed. There's a fee to be paid as well as the papers should be filed with the district court in the appropriate county. If you have an attorney, then he'll do the tasks for you. If you haven't, then which will be your paperwork difficulty. The court personnel will not answer legal questions or support with paperwork.

Component of the petition for the divorce process will be the "grounds for divorce." You must state a reason either "irretrievable breakdown of marriage" or "irreconcilable differences" or any other probable reasons. Another part of the petition includes a listing of items that can be at problem like the residence, cars along with other shared possessions. Once you file the complaint, your spouse has to be notified, or served. He/she must sign a Voluntary Appearance document which indicates he or she basically agrees to every thing in the complaint and does not have to respond. Then the temporary hearing will take place to establish temporary child or spousal support as well as other problems like Request for temporary custody of minor kids and for temporary child support or a Request for exclusive use of the marital home. Following the temporary hearing, there's often a lengthy wait.

Usually probably the most essential and difficult parts of the divorce method is agreeing on the way to divide property and debts and establishing child custody and spousal support. Those items need to be detailed in a written agreement. Then, the final trial will take location. Typically, divorce trials are held with only a judge, no jury. And attorneys will fight and win their way for their client's finest interests. Certain issues for example entitlement to a divorce, arranging child custody and visitation rights and settling monetary aspects and property distribution will probably be discussed. The judge bases the final decision on the evidence presented and generally makes a choice right away or inside hours.
Article Source: http://www.articlesbase.com/patents-articles/law-of-divorce-4460065.html
About the Author

Three Tips to Ensure You Win Your Disability Claim

2011-03-22T19:19:00.001-04:00

Author: Catalyst R.O.I.

There are so many numbers of ways you can do causing a positive improvement and factors to win the disability claim. Whether it is a Social Security or SSI, there are a wide range of suggestions and recommendations that will hopefully lead you to successfully receiving the benefits you have applied for. Here are three suggestions that will help you to succeed:

1. Be sure to provide and complete information on your application for disability.
It's crucial that the SSA is informed about every medical and/or psychological condition you may have and be sure to tell them about your treatment sources. When filling out the application supply the name, address, and phone number of each medical facility that has treated you. Also provide the dates of treatment. On the subject of various doctors, clinics and hospitals that may have supplied you with medical assistance, don't forget to include each and every procedure. Many claimants forget and only write down their primary physician. It is important to include any and all treatments.

2. You can also boost your probability of winning your claim for social security disability benefits if you retain regularly medical treatment.
Disability assessors, during the time a decision is being made about your case, must have right of access to any recent medical records. Without this vital information it will be difficult for a decision to be made at all, notably an approval. As a result, the applicant should have a regular follow-up visit with their respective physician every six weeks to eight weeks.

3. Simply by complying with all deadlines will help you win your disability claim too.
If the Social Security administration sends you a notice asking for certain information within a specified period of time, do so. In the event you receive a questionnaire that requires to be filled, make sure to complete the document as well as submit it back on time. If the disability assessor managing your medical assessment schedules you for a review medical exam, make sure you go to the exam, and be there on time. If you do receive a denial on your claim, be sure to make your appeal in an appropriate fashion.

The Social Security Administration will give you 60 days to register your appeal. Because the appeal paperwork takes only thirty to forty-five minutes at most, you should send in your appeal promptly in order to save processing time on your claim. These facts are a proven way that will surely lead to winning your disability claim.

Article Source: http://www.articlesbase.com/law-articles/three-tips-to-ensure-you-win-your-disability-claim-4448497.html
About the Author
Make an educated decision when looking for the right ssi disability qualifications It's wise to konw what you need to qualify, what to do if you've been denied a claim, and things to be careful of when filing. This law ssd site will break down each medical condition in an easy to understand way, and will help you win your claim!

Immigration to Canada 2011

2011-03-21T21:18:00.000-04:00

Author: Julia Robert

Canada, a country governed as a parliamentary democracy with Queen Elizabeth II as a state of mind, is a land of opportunities that attract many people from around the world. With the number of immigration applications is increasing every year, the Canadian government attempted to improve programs and immigration laws to make the immigration process very easy. Previously, he can take 5-6 years for immigration to Canada, but now the process has been accelerated and it is possible to obtain immigration in a year. Canada offers 3.2 million skilled migrant visas each year and is one of the greatest opportunities offered by the government for people interested in immigrating to Canada. All applications submitted under the program of federal immigration skilled are evaluated based on the applicant's ability to become economically established in Canada after migration.

Canada's immigration service is provided by many lawyers who deal with matters that every potential immigrant faces. The first thing one should do while applying for Canadian immigration under federal jurisdiction is to make a resume appropriate to their age, work experience and education qualifications included. If a person is married even though details of the spouse are also required. Then, you must submit the IELTS exam, in which you have a score of 7.5 and 6.5 in English each hearing to speak, read and write English is considered optimal, for which a total of 16 points rewarded is the maximum you can score. After the CV is ready and you have cleared IELTS, you must find an immigration attorney who can help you file the case. Based on your CV and the IELTS result you are given some brands (you need 67 marks to be eligible to apply to Immigration Canada). You can also get extra points if your first blood relative is a Canadian citizen.

After that, there are 7 simple steps required for immigration to Canada. First your application to the approval letter from a Canadian employer (in the case of optional employment) is submitted to the Central Intake Unit in Sydney, Nova Scotia. It takes 2 months to be processed, after which you get a case number. In the second step the other documents are submitted to the High Commission in New Delhi. Then, the request is sent to be evaluated by the Canadian Immigration Visa Office. Fourth step is the personal interview which may or may not take place to verify the authenticity of your documents. Fifth step is to get medical clearance and police, and then in the sixth stage of the High Committee asks for your passport and the right of landing fees. The last step is when you get your passport after stamping visa, and then you can immigrate to Canada. you can aslo check Canada immigration online services.

Like Canada there are many other countries who see a massive influx of people every year. Recently, there has been an increased demand for the immigration service in the UK too. Candidates try to find the easiest ways to immigrate to developed countries where they can settle after obtaining employment, but all they have to do is find a immigration lawyer the right to help them make their case in the right way and help them immigrate to Canada.

Further information about Canada Immigration or worldwide immigration info visit:http://www.immigration-success.blogspot.com/
Article Source: http://www.articlesbase.com/immigration-articles/immigration-to-canada-2011-4448590.html
About the Author
This is julia Robert from California.Further information about Canada Immigration or worldwide immigration info visit:http://www.immigration-success.blogspot.com

Why Do We Need Personal Injury Lawyers?

2011-03-19T11:45:00.001-04:00

Author: janetjhon

Personal injury is a term that is used for a person who has faced an injury due to the negligence or wrong-doing of another person. As per legal regulations, a wrong doer or the person who is responsible for injuring a concerned person has to pay compensation for all the damages caused. When the wrong doer does not want to pay compensation, a dispute arises.

Personal injury cases often have shocking results, together with dangerous medical consequences. At times, a victim gives way to his injuries. A legal case involving such a matter is not a simple task to grip. A common person who is already dealing with serious injuries cannot possible take hold of the complications of such a case. It is necessary to get in touch with a personal injury attorney to handle such a case effectively.

A personal injury lawyer is a dedicated legal representative who knows about personal injury rules and regulations thoroughly. He is well-versed with how a personal injury case should be handled in order to be successful.

There are several benefits of hiring a personal injury attorney. Some of them are described as follows:

* A lawyer will take care of fulfilling the legal paperwork and associated formalities.

* He will take you through your case proceedings and help you to understand the outcomes involved.

* He will help you to evaluate an estimated value of the compensation value that you deserve to get through your case.

* He will stand for you in front of the court and do his best to win the case in your favor with efficient advocacy and verbal skills.

Only a professional lawyer can fight a case capably for you. Make sure you choose the right person for your case. Here are some pieces of advice that might be useful.

Try to get referrals for a lawyer from the people you know, your friends and your relatives. Ask around for renowned lawyers in the field of personal injury. This will help you to recognize how reputed a lawyer is.

Make sure your lawyer holds enough experience. An experienced lawyer is likely to be well-versed with legal know-how and would have links with higher legal authorities. Hiring an experienced lawyer can be very helpful.

Qualifications decide how talented your attorney is. Check the certifications meticulously before hiring an attorney.

You must gather necessary information before looking for personal injury lawyers. Los Angeles has several reputed law firms that provide excellent legal services.

Article Source: http://www.articlesbase.com/personal-injury-articles/why-do-we-need-personal-injury-lawyers-4433001.html
About the Author
It is imperative for you to educate yourself with the field of personal injury before hunting for personal injury lawyers Los Angeles. Los Angeles citizens can contact Scott D. Oppenheim for availing expert legal services.

The Detailed Aspects to Consider-Personal Injury Lawyer

2011-03-18T11:45:00.001-04:00

Author: barry summers

Whenever, you come across an accident or injury that is due to the other person's fault, then you can file the case for compensation against your injuries or it could be work injury. The best option for successful compensation is to hire a professional solicitor that is a highly capable lawyer. There are great numbers of personal injury lawyers available for your assistance and support. It is always better to hire the services of a good reputable lawyer with economic terms, so that you could get more financial benefits.

There are several advantages of hiring an excellent and expert lawyer, so that you can understand the legal aspects of the case and provide you lot more than what you could obtain by yourself. Another aspect of getting compensation from the insurance companies is that they often want the lowest possible settlement amounts and try to benefit as much as they can. And, they can also damage your legal authority to complain against them.

Personal injury solicitors often charge a contingency fee, which means that if you lose the case then you will not pay anything. It can be simply described as "no win no fee". The lawyer would receive the defined percentage of the total amount, but in case, you lost the case then you do not have to pay anything. The lawyer may also take none of your compensation and just take their fee from the losing company i.e. the company that loses ‘pays costs'.

If you want to fight a case of personal injury compensation in UK, then there are numerous expert lawyers available. The very first thing that you need to consider while finding the best lawyer is to look for their accreditations and qualifications. If you hire a non-regulated solicitor, then it could harm you appreciably. So, before going to select a perfect and competent lawyer for your case, you have to make sure that they are the accredited by the SRA (Solicitors Regulation Authority).

The second most important thing to look for in a personal lawyer is to look for their quality and skills. Your lawyer should be the member of Personal Injury Accreditation. These lawyers are tested and verified for meeting the requirements and standards set by SRA.

After fulfilling the above key aspects, the second best thing is to see whether your lawyer is the member of APIL (Association of personal Injury Lawyers) or not. Since, these lawyers have to prove excellent skills and competence in order to get the membership; you would certainly enhance the chances of your success. In-fact, there are plenty of options available for you to select the best suitable lawyer for you or your family.

The other way could be to search out online and locate a list of competent lawyers. As the lots of organizations have their websites available for the conveniences of their clients this is an easy task though it is probably better to find an information site that gives you advice and recommends from a short list of possible solicitors.

Article Source: http://www.articlesbase.com/law-articles/the-detailed-aspects-to-consider-personal-injury-lawyer-4434448.html
About the Author

Reasons to hire an Auto Accident Attorney

2011-03-17T19:09:00.001-04:00

Author: Tricia Mills

An auto accident attorney can be hired for a number of different reasons, as a vehicle accident can be dangerous and even deadly. The results of a vehicle accident may be hospitalization and a number of months for recovery, but some accidents may have different results. Often a vehicle accident may cause very little damage to your vehicle, and you may feel fine quickly after the incident. After several weeks pass, you may find that there are some problems with your neck or back. This may be well after you have decided to settle with the insurance agency or the other party for the damages sustained to your vehicle. Once you have settled, there is no turning back. You may have thousands of dollars in medical bills as a repercussion from the accident that you will be responsible for paying on your own.

Situation that may require an accident attorney

Fault with auto makers-Auto makers put their vehicles through rigorous tests, but there are some parts that are found to be faulty after the vehicle has been distributed to the public. This is called a product liability lawsuit. If the product is one consistent with the same model, it may become a class action suit, involving many people who were involved in an accident because of the same defective part.

Fault with the government-a lawsuit can be filed against the local, state or federal government in the case that a road in need of repair is the cause of a vehicle accident. This can include bridges, highways and traffic control equipment that are the primary cause of an accident.

Fault with another driver-Most accidents that occur on the road have to do with one vehicle hitting another one. In this case, one of the drivers is negligent resulting in a collision. There are some states where both drivers share a percentage of the negligence and a judgment may be awarded according to the percentage.
An accident attorney can help you sift through all the details of a vehicle accident and recognize the fault or negligence of another driver, even if it is not so obvious to you. They can examine the reports and information that is available that pertains to the accident and gather all the necessary information for your case. In all situations, it is necessary to hire an accident attorney as soon as possible. This can allow you to avoid an early settlement in which you end up paying for a latent injury. Also, it prevents any issues with filing, as there may be a window to filing a claim.

Vehicle accidents are never a good situation, but it is important that you safeguard yourself for the best possible outcome. A good accident attorney will steer you through the filing, the deposition and the trial, so you receive the compensation you deserve. Practicing safe habits such as wearing a seatbelt and using signals at all times to lower the odds of being involved in an accident.

Article Source: http://www.articlesbase.com/personal-injury-articles/reasons-to-hire-an-auto-accident-attorney-4425159.html
About the Author
Tricia Mills is an online writer. She write articles of any topics. She treats her work very special as something that inspires her. It is the best way that she could express her emotions. Moreover, she really likes to write articles about the importance of a Lawyer and an Attorney to the lives of an injured victims in an accident cases and personal injuries as a result of others negligence.

Your Right To Claim Accident Compensation at Work

2011-03-16T12:49:00.000-04:00

Author: Tim Bishop

Accidents at work do happen! The office is not always a safe and secure environment and different hazards can cause injury to employees.

Even though the most common accidents occur on construction sites and in factories, injuries at work happen all the time irrelevant of what type of work it is.

No matter the workplace, legal obligations apply to all employers. They have a set of responsibilities to ensure the safety of their own environments and that the risk of an accident in the workplace is therefore reduced to as low a level as possible.

The level of risk will vary depending on the type of workplace. Workplace machinery should be tested regularly and there should be available safety equipment for the employees using these machines, these employees should also be made aware of dangers involved in working with these machines so that injuries are kept to a minimum.

A workplace can, of course, take many different forms. For example it can include a van or a car if this is included as part of the job. Clearly the vehicle needs to be regularly maintained, safe and roadworthy as if the driver sustains an injury as a result of a fault, he or she may be entitled to make a claim for work accident compensation.

Work accident claims are only made for injuries that an employee suffers at work, providing that they would not have occurred had the employer taken all appropriate action. The employer must also comply with Health and Safety legislation/regulations, these are specially designed to make sure that the workplace is safe for workers and to reduce to possibilty of a work related injury. Showing that the employer should have taken appropriate action to implement health and safety laws is a difficult task and will require the help of a specialist legal advisor. Work accident compensation covers four different fields for which damages are awarded - for pain, suffering and loss of amenity, out-of-pocket expenses, future expenses and for damage to any property.

The amount of accident compensation for work accident claims you are awarded will be calculated after a report from an independent doctor and assessed alongside other similar cases depending on he seriousness of the injuries sustained. Clearly the greater effect that the accident has on your everyday life, the higher the work compensation claim will be.

Article Source: http://www.articlesbase.com/law-articles/your-right-to-claim-accident-compensation-at-work-4421420.html
About the Author
Bonallack & Bishop are experienced lawyers in making accident compensation claims. For advice on work accident claims contact them today. Senior partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown the firm by 1000% in 13 years. He sees himself as a businessman who owns a law firm.

The Benefits Of Having A Personal Injury Attorney Duluth GA

2011-03-15T13:50:00.000-04:00

Author: jv digital media

The legal system reserves the term to differentiate from injuries sustained to property. If the court gets involved, it is often because the issue arose due to negligence of the offending party. If the negligence can be proven, the injured party may be entitled to a monetary award. Before the case comes to court, however, there are several things to consider. A Personal Injury Attorney Duluth GA can help with those considerations.

In cases of harm done to one's person, the insurance claim can become a factor. This often involves dealing with an adjuster. Settling an insurance claim is tricky business. Injured parties often benefit from the services of legal counsel for help understanding their rights before discussing a claim with their insurance representatives.

Given the duress brought about by personal injuries, it can be difficult to decide how and when a claim ought to be settled. This is where proper counsel can help. In most cases, they will be able to help their client settle out of court. They can offer the most help, however, when brought into the process early on.

Finding the right attorney may take some time, but it is time well worth spending. If necessary, referrals from trusted friends or relatives may simplify the search. A proper legal expert can show proven results for cases similar to that of the injured party. The selected candidate should be experienced, competent, and able to communicate with the client in a timely and effective manner.

There are, of course, necessary costs associated with the proceedings. Many lawyers will operate on a contingency basis. This means that they will collect the fee from the award or settlement when the case is closed. Some establish a fixed hourly charge for their services. The total fee may also include other out of pocket expenses directly related to the particular case. This may be separate from the costs of the legal process, which could be charged to the plaintiff or defendant.

In personal injury cases, there are different possible damages and awards. Although they are usually monetary, modifications based on non-economic factors include damages that are hard to quantify. Severe pain, for instance, or physical and emotional distress may apply. These considerations are also known as general or hedonic damages. This is also sometimes known as pain, suffering and loss of amenity.

In cases of gross negligence, punitive damages may also be applied. Speculative damages are those which have not yet occurred, but the plaintiff believes they will happen. These damages are difficult to recover unless the plaintiff can prove a reasonable likelihood that they will actually occur.

When preparing the claim, the injured party should be prepared to discuss the events honestly with their attorney and provide as much detail as they can. They will need to know where the incident occurred, and also who was involved. Mention should be made of any medications or drugs in use at the time. The Personal Injury Attorney Duluth GA will also need to know about extent and effects of the injury, level of pain, and any treatments necessary.

Article Source: http://www.articlesbase.com/personal-injury-articles/the-benefits-of-having-a-personal-injury-attorney-duluth-ga-4413373.html
About the Author

Active Seniors Have No Patience for Allegedly Problematic Zimmer Knee Implants

2011-03-14T17:53:00.001-04:00

Author: Heidi Turner

One would understand the attraction of a Zimmer knee lawsuit at the behest of a patient with an allegedly failing knee implant. Especially in light of the fact that 'today's 80 is the new 60.' Seniors today are active, vibrant and not content to retire to the sofa. So when an artificial knee designed and expected to last upwards of 15 years begins to fail after two, little wonder people start running—gingerly—to their lawyer.

The Zimmer NexGen knee system has been around since 1994—implanted in millions of patients worldwide and at least a half-million in the US. To that end the NexGen system generally has been a good performer for all concerned—Zimmer, surgeons and the patients who benefit from them.

However one product in the Zimmer knee replacement family is allegedly problematic: the Zimmer NexGen CR-Flex Porous Femoral component. Studies have shown that the product could potentially have a high failure rate.

A feature report in the New York Times last June put the spotlight on a version of the Zimmer NexGen knee replacement system that is designed to be used without cement. Other products in the Zimmer family cement the device to the thighbone. However, out of concern for the potential for cement to break down over time and have an adverse impact on the device, a version was designed that would rely on the bone naturally fusing to the device, without cement.

As reported in the New York Times on June 19th of last year, a noted surgeon and a former consultant with Zimmer, Dr. Richard A. Berger, implanted the cement less device in about 125 patients in 2005. However, within the next year X-rays revealed in some patients lines where the implant met the thigh bone—an indication that the device had not fused completely to the bone.

Zimmer claimed, according to the report, that Berger's surgical technique was to blame. Dr. Berger, however, suspected a flaw with that particular Zimmer knee replacement product and undertook a study with a colleague and fellow surgeon, in order to prove his theory.

It should be noted, according to the New York Times article, that Zimmer was able to introduce the cement less Zimmer NexGen knee to the market without clinical trials, thanks to a loophole in FDA regulations (US Food and Drug Administration) which allows for a medical device to be approved without resorting to clinical trials if it is substantially similar to something already existing on the market.

Zimmer noted that only 2 percent of all its NexGen knee products are the cement less variety. Nonetheless, for patients affected by a loosening knee implant so soon after surgery, a Zimmer knee lawsuit seems a reasonable response.

Article Source: http://www.articlesbase.com/personal-injury-articles/active-seniors-have-no-patience-for-allegedly-problematic-zimmer-knee-implants-4403478.html
About the Author
Gordon Gibb is a multi-dimensional writer on medical cases. He regularly writes on medical malpractice issues, defective product cases and other drug/medical related issues.

Fosamax Lawsuit - Significant Compensation Being Claimed by Sufferers of Osteonecrosis Caused By Fosamax Side Effects

2011-03-14T13:53:00.002-04:00

Author: Christie

Have you or a loved one experienced negative side effects while taking the drug Fosamax or any other bisphosphonate drug? There is currently legal action being taken on behalf of patients who are suffering from osteonecrosis of the jaw, femur fractures, esophageal cancer, atrial fibrillation, severe musculoskeletal pain and many other side effects. I'll show how you can claim legal compensation if you've experienced side effects from using Fosamax.

Aside from just Fosamax, there is also legal compensation being awarded from the use of any of the following drugs: Fosamax-D, Boniva, Actonel, Aredia, Didronel, Reclast, Skelid, Zomet. These are all osteroporosis drugs that have been linked to severe negative side effects and the public is demanding lawsuits for their injuries, and they are winning. You can get free legal support by clicking here and filling out a simple free form.

The Fosamax lawsuits are awarding patients compensation for medical bills, lost wages, pain and suffering and other damages. Several fosamax lawsuits have already been filed against Merck & Co. claiming that Fosamax is causing the development of osteonecrosis of the jaw (ONJ) which is a serious bone condition also known as "dead jaw".

Merck has been accused of withholding details regarding the detrimental nature of various Fosamax side effects, and it is expected that thousands of Fosamax lawsuits will start appearing over time.
If you have taken any of the drugs listed above, or have experienced any of the negative side effects described in this article, you can claim your legal compensation by simply filling out this free form. You deserve to be compensated for your suffering.

Article Source: http://www.articlesbase.com/personal-injury-articles/fosamax-lawsuit-significant-compensation-being-claimed-by-sufferers-of-osteonecrosis-caused-by-fosamax-side-effects-3753261.html
About the Author
My name is Christie, I enjoy writing online reviews of various different products from weight loss to making money at home through internet based businesses.

US Citizenship Form N-400

2011-03-13T12:18:00.002-04:00

Author: Paul Anderson

Want to become a US citizen and enjoy the advantages? As a US citizen, you have the right to vote in the US federal elections. You can petition your family members for permanent stay in the US. You can also obtain citizenship for your children born abroad. Additionally, you have the right to enter and exit the US without any restrictions. These are a few of the many advantages you can enjoy as a US citizen. Having so many advantages of being a US citizen, it's time to know the citizenship process.

You can become a US citizen either by birth or through naturalization. Persons born in the US are automatically citizens of the US and persons born to US citizens can also claim citizenship subject to certain conditions. Naturalization is a process where a person not born in the US becomes a citizen voluntarily. To get naturalized, you need to file Form N-400, Application for Naturalization.

Citizenship Application Form N-400:
As mentioned earlier, N-400 is the citizenship form that needs to be filed for Naturalization. All the eligibility requirements for filing the citizenship form have to be met before applying. You need to be a permanent resident for at least five years; or, three years if married to a US citizen and living with the citizen spouse for the past three years.

You need to meet other requirements too. You need to be 18 years or above. Additionally, you have to fulfill the continuous residence and physical presence requirement. A prolonged absence from the U.S. will break the continuity of your residence in the U.S. for naturalization purposes, although it may not affect your ability to return to the U.S. as a permanent resident. You should have resided in your current state for at least 3 months. Your current state is the state where you are submitting the citizenship form for naturalization.

The N-400 citizenship form can be downloaded from the USCIS website for free. But considering the sophisticated process involved, many private websites help applicants in preparing the citizenship form by charging a nominal fee.

After you submit the citizenship form to the USCIS, you will get an Application Receipt Notice with a 13-character Application Receipt number, within 30 days. This Receipt Notice is the proof that USCIS has received your completed citizenship form and that it is being processed. With this number, you will be able to check the status of your case.

You will be then notified about the date you need to appear for fingerprinting. Meanwhile, national security background checks are conducted and finally you need to appear for an interview. In the interview, your English knowledge will be tested, as well as your knowledge of US civics.

If the immigration officials are fully satisfied, your case will be approved. If rejected, you will be notified as to how soon you can reapply using the same N-400 citizenship form. Approving or rejecting your case depends on the transparency and truthfulness of your case. So in the best interest of the applicant, it is strongly advised to be honest in all your disclosures.

Article Source: http://www.articlesbase.com/immigration-articles/us-citizenship-form-n-400-4393942.html
About the Author
US Citizenship.info is not legal advice site, but it's a place for all immigration related issues. Where in you can fill the forms on either immigrant visa (Green Card Renewal, Naturalization, Passport many more) online. We will make sure your form is 100% error free, before you submit to USCIS. Please visit my blogs http://immigrationissues.wordpress.com/ and http://becomeuscitizen.wordpress.com/.

When Would You Need A Car Accident Attorney?

2011-03-11T21:17:00.001-04:00

Author: Kathleen Chester

Automobile accidents can happen due to lot of reasons. It could either be drunken driving, faulty car parts and such like. But there are times when you might fall victim to an accident due to the mistake of some other person. The other driver could be drunk or absolutely careless while driving. This could damage your car as well cause you serious injuries. Needless to say, you will be in pain and would have to spend a lot of money for medical bills as well as automobile repairs. But why will you pay the price for someone else's mistake? You should go right ahead and claim compensation for your damages. But for that you would have to go through some legal hurdles and this is where the car accident attorney steps in.

There are a lot of advantages of hiring the services of a car accident attorney. The best thing about these professionals is the fact that they have a lot of expertise in this field and are always abreast with the latest changes in the law. The professional car accident attorney is also well informed about the various loopholes which they can utilize for the benefit of their clients. According to a lot of people, hiring the assistance of a car accident attorney is nothing but wastage of money. But there is absolutely no truth in this.

To claim compensation, you have to establish it in court that the accident was indeed caused by the irresponsible behavior of the other driver. If you cannot prove it, there is no way you can demand compensation. Your car accident attorney will collect the required evidence and also take control of the entire paper work.

In case you plan to settle matters out of court, your lawyer will make sure that you do not settle for a sum that is way less than what you actually deserve. He will calculate your compensation, taking into account, the cost of repairs of the car, your medical bills and the amount of wages you have lost due to absence from your workplace.

While looking for a car accident attorney, Tucson, AZ residents should ensure that the chosen professional has enough experience and a valid license. Only a registered and an experienced attorney will be able to tackle tricky court room situations, prioritize your interests and lead you to victory in a smooth manner.

Article Source: http://www.articlesbase.com/personal-injury-articles/when-would-you-need-a-car-accident-attorney-4387723.html
About the Author
Car accident attorney Tucsan - PRICE AND PRICE represents people who have been injured in car or motorcycle accidents or have lost a loved one through the negligent actions of others.

Top Concerns Regarding the Family Based Immigration Process

2011-03-11T14:17:00.000-04:00

Author: GSS Technology

Top Concerns Regarding the Family Based Immigration Process
Three of the most pressing concerns of immigrants wanting to apply for permanent residency in the U.S. are: (1) What options do I have to get my permanent residency through my husband or wife? (2) What is the process to apply for my finance/fiancée? and (3) What specific criteria must my marriage meet to pass scrutiny by Immigration?

Family based immigration is the process of applying for permanent residency (a green card) through a spouse or other family member. This process can be extremely complex, lengthy (sometimes lasting years), and frustrating for the applicant who must be fingerprinted, undergo a thorough medical exam and subject herself to a thorough security clearance check.

Below is a brief overview of the issues concerning family-based immigration cases.

What Are My Options if I Want to Apply for My Spouse?
A spouse of a United States citizen may apply for permanent resident status (a green card) and obtain a work permit within the United States, only if the spouse:

entered the U.S. legally, or
had a petition filed on their behalf prior to April 30, 2001.

Generally speaking, if neither of these is the case then the spouse must leave the United States and return to their home country to proceed with the process of Consular Processing (applying for permanent residence from abroad).

What Specific Criteria Must a Marriage Meet to Be Considered Valid for Immigration Purposes?
Immigration officials conduct very thorough reviews of marital relationships when an immigration case is based upon a marriage. According to a recent Department of Homeland Security report nearly half of spousal immigration cases are fraudulent.

At a minimum, for a marriage to be recognized as valid for immigration purposes, each party must have been legally able to marry at the time of the marriage (i.e. all previous divorces were final), the marriage ceremony must have been considered legal under the laws where it was performed, and the couple must have married out of a true desire to enter into a marital relationship and not just for immigration purposes.

Common Law marriages are accepted for immigration purposes if they are legally recognized by the law in the place of residence of the couple. In these cases, however, extra evidence generally needs to be submitted to support the common law marriage-based petition. Customary marriages, those performed according to local custom but not licensed by civil authorities, may be valid if the law of the country where the marriage occurred recognizes the marriage as valid. Same sex marriages, however, although they may be legal in the state or country in which the marriage was performed, are not recognized for immigration purposes (due to the lack of federal recognition of the validity of same-sex marriages). This policy may change in the future.

What Are My Options If I Want to Apply for My Fiancé/Fiancée?
If the couple is not yet married, a U.S. citizen may apply for a K-1 visa in order to bring his or her fiancée to the United States in order to get married. The couple has only 90 days in which to legally marry in the United States. Once the couple is married, the immigrant relative can then apply for permanent resident status.
In order to obtain a fiancé/fiancée visa, the couple must prove:

That they have met in person within the past two years (in some cases this requirement can be waived);
That they have a good faith intention to marry; and
That they are legally able and willing to marry within 90 days of the fiancée's arrival to the U.S.

It is important for immigrants to plan carefully before filing any family based immigration paperwork with USCIS. Applying for a benefit that an immigrant is not eligible for could result in removal proceedings, and possible deportation from the United States.

Article Source: http://www.articlesbase.com/immigration-articles/top-concerns-regarding-the-family-based-immigration-process-4383742.html
About the Author
Bryony Heise
Founder and Principal Attorney
The Heise Law Office

10 Ways to Keep Divorce Lawyers From Ruining Your Life

2011-03-10T19:26:00.001-04:00

By Lee Rosen

Everyone has heard the story (from friends, co-workers, and family members) of the divorce from hell; the one that grinds on for years, costs untold thousands of dollars, and frustratingly plods its way through the court system. It costs people not only their marriage, but often their children, their savings, and their emotional well-being, as well. Unfortunately, many people going through a divorce end up hating their lawyer, and more commonly, hating their spouse's lawyer. It doesn't have to be that way. You can get a divorce without letting lawyers ruin your life. Using the ten tips outlined below will make a huge difference in the way your divorce progresses. It's hard to behave rationally as you navigate this painful process, but the vast majority of people find the strength to get through a divorce without losing control of their emotions or finances. You can control the process and guide the matter to a successful solution, leaving your financial situation intact and allowing you to meet your needs now and in the future.

The reality is that lawyers are people, and like people, there are some awful ones out there and a few wonderful ones. When you hire an awful lawyer (one who creates conflict rather than resolving it, one who makes your divorce worse, rather than better) everybody involved suffers. You suffer, your spouse suffers and your children suffer. Well, not everybody suffers. The awful lawyer doesn't suffer, so it's important to do everything possible to avoid hiring that lawyer, because that's the only sure way to keep divorce lawyers from ruining your life. Here's how:

1. Don't hire the wrong lawyer. The lawyer you hire makes a tremendous difference. Use common sense in the selection process. Be observant, ask questions, and don't hire someone if you don't feel good about your interaction with him or her. Here are some things to think about in an initial meeting with a lawyer: 1) does the lawyer have a direct dial phone number? You can assume that if you have to go through a secretary or paralegal to reach your lawyer, you will have a harder time reaching him or her; 2) watch out for a messy office; if the lawyer is disorganized you can assume your case will be disorganized. If you see other clients' documents sitting out in public view, you can know that your documents will soon be sitting out in public the same way; 3) make sure the lawyer has a written client agreement that ensures that you understand your fees, rights and obligations; 4) don't hire the dabbler - someone that does a traffic ticket case in the morning, a real estate closing in the afternoon and squeezes your case in somewhere in the middle; divorce is complicated enough that you should hire someone who does it all day long, every day; and, 5) don't hire a lawyer taking on more cases than s/he can handle; ask the lawyer what his or her average caseload is. Handling more than 15 or 20 cases at one time causes most lawyers to become overwhelmed and ineffective. Thinking about these issues when you meet with a lawyer for the first time will help you make the right choice.

2. Don't let a judge decide for you. The minute you (or your spouse) go to court and ask a judge to decide your divorce for you, you give up nearly all of the control you have over the process. If you want to keep your money instead of giving it to a lawyer, and if you want to maintain control over your life, DO NOT LITIGATE. Go to court only as a last resort, only if all else fails. Try negotiation, try mediation, try collaborative divorce, try settlement conferences but do not litigate. You may win at trial, but at what cost? Will you be able to dance with your former spouse at your child's wedding? Probably not. Litigation is destructive, expensive and gut wrenching. Litigate only if you have no other option. Litigation is, unfortunately, necessary in some cases. There will always be people that just can not agree no matter how hard you try. Reserve litigation for the most desperate situations.

3. Do hire a collaborative divorce lawyer (and get your spouse to do the same thing). Now you know you want to stay out of court. Do you want your situation to be resolved as efficiently, effectively, and successfully as possible? Of course. That's the way collaborative divorce lawyers handle divorces. In a collaborative divorce, everyone involved (lawyers and clients) signs a written pledge to keep your case out of court. This keeps everyone involved truly focused on reaching a mutually beneficial agreement, without threatening costly and destructive litigation.

4. Don't hire a mediator without getting legal advice first. Often, people think that hiring a mediator is a substitute for hiring a lawyer in trying to resolve their divorce. The critical mistake these people are making is this: mediators can not give legal advice. Their role is only to help people agree; the drawback is that they may help you agree to something that you would not have agreed to if you had sought legal advice first. Timing is everything here: using a mediator can be effective in resolving a divorce, you should never, ever hire a mediator without first obtaining legal advice from a lawyer whose only role is to represent your best interests. In fact, any good mediator will insist that you go and get legal advice before any agreement is reached, anyway. If you choose to mediate your dispute, get the legal advice before you begin mediation. It is more efficient and safer.

5. Don't sign a blank check. Signing an agreement with a lawyer that calls for hourly billing is like signing a blank check. Be careful. Let's face facts - hourly billing encourages what? Billing! Find a lawyer who can tell you what your case will cost. The only way to be certain of your attorney fee is to get a firm commitment on a fixed fee. Short of a fixed fee you need frequent updates on the costs that you have incurred (if it were our money we would want daily, real-time, updates over the internet) and we would want the authority to accept or reject any action that would result in our paying more money. It just doesn't make sense to give someone the economic incentive to make your life miserable by dragging things out. Doctors don't bill hourly - they charge you a fixed fee for your office visit or your surgery. Lawyers want you to believe that they can't predict your fee. If they won't tell you how much it costs then don't buy it.

6. Do a cost-benefit analysis. In divorce, it is easy to get caught up in the emotion and make all of your decisions from that vantage point. This can be a mistake though; spending some time analyzing your case from a logical, cost-benefit perspective can pay dividends. Keep your eye on the ball and stay focused on getting the divorce finished so you can move on with your life. It is not uncommon for divorcing people to do things like spend $500 to get a $100 microwave oven. Don't do it. If you can't see a clear connection between your actions and achieving a final resolution of your case, then don't take that action.

7. Do know your priorities. Frequently people going through a divorce find that their priorities change throughout the process. The things that they thought were most important when they began the process are not necessarily the same things that are most important at the conclusion. It is important that you review your priorities regularly, with your lawyer or on your own, so that you are always mindful of things that matter to you most. Staying on top of your own priorities allows you to keep your lawyer informed and better use the divorce process to obtain the results that your care most passionately about.

8. Do remain flexible. One of the most common mistakes people make when they begin a divorce is to decide that they absolutely, positively must have A, B, and C, and nothing else will be sufficient. Remaining flexible in the divorce process allows you to critically and impartially analyze all of the issues as they arise. This is especially true for people who have reviewed their priorities throughout the process (see # 7 above). Knowing what you want, and being flexible in your approach to getting it, can often mean the difference between success and frustration.

9. Do stay involved. When you hire your lawyer, don't simply hand control of your life over to him or her and walk away. Your divorce is critical to you, and it's too important to be delegated away and ignored. Stay abreast of developments on a daily basis. Find a lawyer who wants you to be as involved as you do. Two things to look for in a lawyer who wants to keep clients involved: same day delivery to you of all documents that come in or go out of the lawyer's office (email is a great option for this) and 24/7 access to your case file. Ideally, your file will be available on an extranet on your lawyer's website. If you can access your credit card and bank statements online, your divorce file should be online, on your lawyer's website, as well. Many lawyers use technology to make your life less stressful and more convenient; find one who uses the latest technology to help you stay involved. Involved clients are able to maintain control, reduce anxiety and make better judgments about their future, which helps them to reach positive outcomes in their divorce.

10. Do educate yourself. Knowledge can be your greatest ally. Research the divorce laws of your state, whether through a local law library or the internet. NCdivorce.com is the most comprehensive divorce website in North Carolina. The site features a discussion forum with questions answered by lawyers, a child support calculator, the latest cases from the North Carolina Courts, numerous essays and information on all divorce issues, seminar videos, and lots more. Reading the information on this site will dramatically improve your effectiveness and efficiency in interacting with your lawyer and negotiating with your spouse.

Lee S. Rosen is a Board Certified Family Law Specialist and founder of Rosen Divorce, the largest divorce firm in the Southeastern United States. Rosen Divorce is a multidisciplinary practice of lawyers, counselors and accountants. Visit http://www.rosen.com for more information and articles.
Article Source: http://EzineArticles.com/?expert=Lee_Rosen

How to Avoid the 12 Biggest Mistakes People Make in Hiring a Lawyer

2011-03-10T13:26:00.000-04:00

By Virginia Perry

I hate to see people taken advantage of and I hate to see people suffer after choosing the wrong lawyer. Maybe those are two of the reasons that I became a lawyer, so that I could do something about those situations. I have seen clients who had lawyers neglect their cases for not just weeks but years. I have heard complaints about lawyers who would not tell the client what was going on with their cases, but would bill the client when the client called to ask what was happening. I have heard complaints about lawyers who took money from clients without a clear understanding of the expectations on either side.

I also hate to have to clean up a mess made by another lawyer. It is much easier to assist a client and avoid potential problems than it is to repair damage from choosing the wrong lawyer. I have seen poorly drafted prenuptial agreements and separation agreements. I have had to step in to repair and finish a botched annulment. I have had to step in to repair and finish a botched divorce.

One woman's tale of woe especially comes to mind. Around the office, we call her story "The Tale of the Nine Year Divorce." She had hired an attorney to defend a divorce action here in Virginia and to counter sue for divorce. She was living out of state at the time and paid the attorney a significant retainer. There was no written contract. The lawyer she had chosen seemed to be afraid of the opposing counsel and did nothing to move the case forward. In fact, the lawyer allowed the case to be dismissed from the court docket for inaction.

Cases are not dismissed on this basis without prior notice to counsel of record. The lawyer did not notify his client of the potential dismissal. It was not until the court notified her of the dismissal that she found out what had happened. The client was in an automobile accident, as a result of which she was hospitalized and undergoing multiple surgeries. She trusted her lawyer to look out for her interests; she did not know or understand what should have been taking place and had no idea until she received notification from the court that the case had been dismissed.

When the client contacted the lawyer, he had the case reinstated. However, it was not until the opposing attorney withdrew from the case, that the lawyer acted to put forward the interests of his client. Meanwhile, the lawyer allowed the woman's husband to abscond, fleeing the jurisdiction of the court, with the bulk of the marital assets. The lawyer did get an order of spousal support, but did nothing effective to collect or enforce the spousal support order against the defendant who was not paying.

In fact, the lawyer allowed tens of thousands of dollars of arrears to accumulate. Meanwhile, the lawyer asked for and got a court award of $10,000 of attorney's fees from the absconded husband. When the lawyer realized that the husband had spent the money and the attorney fee award would not be easily collected, he began to demand money from the client. Being disabled and not having received a penny of the support award, she was unable to pay the lawyer and he withdrew from her case at the final hearing. Needless to say all of this left the woman with a bad taste in her mouth when it comes to lawyers.

The woman heard about me and came to me despite having had a bad experience, because she was in need of help. We were able to finish up the divorce and property division, which had been started 9-10 years prior and we began enforcement of the support award by attaching social security and retirement income due her husband.

Through our efforts collection began and an income stream began to flow to the client. We were also able to successfully defend the woman from an attempt by her husband to stop support payments and at the same time recover some of the items of personal property which had been awarded to her by the court. The woman still had to defend herself from a law suit brought by the lawyer who was demanding over $10,000 and had not credited the retainer which the woman paid at the beginning of the representation.

I have written this article in hopes that it may help you avoid the costly mistakes of the Nine Year Divorce.
There are two areas where people make mistakes. The first area is in selecting the lawyer and the second area is mistakes made after selecting the lawyer.

HYPE IN LAWYER ADVERTISING

COMBINED EXPERIENCE HYPE. Law firms that tout "*** years of combined experience" are probably trying to magnify or enhance their credentials. If you are looking for a lawyer with experience, this hype does little to inform you of the actual experience of the individual lawyers. My question is if the lawyers each have significant years of experience, why don't they say how much experience each lawyer has? Why? Because it sounds grander to use the combined figure. Even an ant looks like a mighty monster under a magnifying glass.

LAUNDRY LIST HYPE. Law firms that have a laundry list of services may not be the best choice for your situation. Remember the proverb "Jack of all trades, master of none"? You can certainly be a jack of all trades, but can you be a master at all trades? How much of the practice of the firm is devoted to your type of case? For example, does the law firm (and the particular lawyer) you are considering devote a significant portion of the practice to the type of case for which you are seeking representation?

Perhaps you are looking at one stop shopping and it is important to you to find a lawyer or law firm that can handle multiple matters for you. Then you may want to ask if the lawyer handles each of those areas, but you should also ask how much of the practice is devoted to each area and how much experience the lawyer has in each area. Are there client testimonials available for each area? Think carefully and decide if it may be worthwhile to seek out a more specialized practice for each of your problems.

BIGGER IS BETTER HYPE When it comes to law firms, bigger is not necessarily better, much less the best. If you want personal attention, you may find that a medium sized or smaller firm will be more attentive. Law firms that have group photographs with all of the clerks and secretaries are trying to look bigger to compete with mega firms with dozens or hundreds of lawyers. But in the final analysis size does not matter; bigger is not better than smaller, nor is smaller better than bigger. What does matter is personal care and attention. This is something that you will have to ask about and be sensitive to as you call on various lawyers and law firms in your search for the right lawyer and law firm for you and for your case.

IF IT SOUNDS TOO GOOD TO BE TRUE... [CHOOSING A LAWYER BASED ON COST] Cheapest is seldom the best. On the other hand, just because something costs a lot does not make it better than something that costs less. Would you choose a doctor or dentist based on how cheap his services are? No, not if you can help it. You want the best doctor, the most attentive doctor, the smartest doctor, the most knowledgeable doctor at the best price. Cost may be a legitimate factor in choosing a lawyer but it should be the last and least significant factor. Cost certainly should not override other factors such as ability, experience, reputation within the legal community and client testimonials. Can you afford cheap legal advice that may be bad or wrong?

ASSUMING AND NOT CHECKING Related to falling for hype in lawyer advertising is assuming and not checking. Don't believe the yellow page ads. All lawyers are not equal. You should investigate any lawyer or law firm before engaging them. Inquire about his/her reputation in the legal community. Check out what clients have to say about the lawyer and the law firm. ASSUMING PRE-PAID LEGAL IS THE WAY TO GO. Don't assume that pre-paid legal is the way to go. Just because you have pre-paid legal available for use does not mean that you should use them. The best lawyers are seldom members of a pre-paid legal service panel. You certainly should not allow the pre-paid attorney to represent you without first investigating him/her.

Of course, you may not need the best lawyer, but you should at least want to insure that the lawyer you choose is a good lawyer for the matter at hand. You should also realize that a lawyer may be a good lawyer for some matters and not for others. This is where knowledge, experience and ability must be weighed and examined. Does the firm or attorney you are considering take a "no holds barred" approach to family law? If so, be prepared for lengthy and expensive proceedings.

You should investigate a pre-paid lawyer as diligently as you would any other lawyer and ask the same questions. If the lawyer does not devote a significant portion of his/her practice to the area of law involved in your matter, you should look elsewhere. If the lawyer does not have a good reputation within the legal community, you should look elsewhere. If the lawyer cannot point to articles written or cases won, if he/she cannot point to client testimonials, you should look elsewhere.

Once you have done your homework and selected the lawyer and law firm you believe will best serve your needs and protect your needs and protect your interests, you could still make costly mistakes in hiring your lawyer.

MISTAKES AFTER YOU HAVE SELECTED A LAWYER

NOT ASKING FOR A WRITTEN FEE AGREEMENT While oral contracts are recognized at law, enforcement can be problematic and requires proof of the essential terms. Without a written fee agreement, how can you be sure that you and your lawyer have truly reached an understanding? Basic contract law requires that there be a "meeting of the minds" to create a contract. It speaks of "an offer" and "an acceptance". A written fee agreement serves to clarify and solidify the expectations of the client and the attorney. The agreement should spell out the responsibilities of each party and the parameters of the representation. This protects you and your lawyer. Written fee agreements are recommended by the Virginia State Bar and by the American Bar Association. If your lawyer does not bring up the subject of a written fee agreement or representation agreement, you should do so.

NOT ASKING TO READ A DOCUMENT BEFORE YOU SIGN IT. Whether it's the fee agreement, a lease, an affidavit or a pleading, just because the document is presented to you by your lawyer, does not mean you should not read it carefully and ask questions about anything you do not understand. If the document is not correct or contains errors or omissions, you should bring those to the attention of your lawyer.

FAILURE TO ASK FOR A COPY OF WHAT YOU SIGN. You should always ask for a copy of a document that you are asked to sign. In our office, when we are retained, we give the client a pocket folder with copies of the fee agreement, office policies and, in appropriate cases, the client divorce manual.

FAILURE TO KEEP COPIES. You should have a safe place to keep important documents. If documents are from an attorney, they are important and worth keeping, at least until the case or matter is concluded and in some instances longer than that. The fact of the matter is, if you don't keep the copies, you may not be able to get duplicates later. Believe it or not, I have had several clients over the years who were victims of unscrupulous lawyers who destroyed documents to avoid having to produce them when a conflict arose with the client. One actually shredded file documents in front of the client. Aside from those issues, most lawyers do not retain client files forever. In our office, we routinely shred aging closed files to make room for new files. We advise clients to retrieve anything they might want or need from their file when it is closed, because it is subject to destruction.

FAILURE TO ASK QUESTIONS. You should ask a lawyer you are considering who he/she would hire for a case such as yours. You should ask the lawyer you are considering questions about his/her experience and credentials. Can they point to satisfied clients who have given testimonials of their experiences with the lawyer and law firm? Who besides the lawyer will be working on your case? How do they handle telephone calls? How do they charge? What does the lawyer expect of you? How will he/she keep you informed of progress on your case? How does he/she plan to present your case/defense? You should ask questions about court procedures or other procedures pertaining to your case or legal matter. If there are terms that you do not understand, ask your lawyer to explain them to you.

FAILURE TO STAY IN TOUCH. If you move or change employment or telephone numbers, your lawyer may not be able to reach you to communicate about your case. It is important to keep your lawyer abreast of changes in your circumstances, employment and residence contact information.

FAILURE TO PROVIDE A CELL PHONE NUMBER. This is related to the failure to keep in touch. Depending on the nature of the representation, your lawyer may need to be able to reach you quickly. It is frustrating to the lawyer not to be able to reach you and it can adversely impact your case. You should take steps to insure that your attorney is able to reach you and speak with you promptly or within an hour or two. For example, suppose your lawyer is engaged in a negotiation in your behalf. If he/she is unable to reach you at a critical point in negotiation, it could result in "blowing" the negotiation or losing the deal.

In today's world of instant communication, there is no reason not to facilitate communication with your lawyer.

What mistakes could have been avoided in the Tale of the Nine Year Divorce?

INVESTIGATION-The client could have investigated the lawyer before hiring him. She could have googled him. She could have interviewed more than one lawyer. She could have asked another lawyer who was the best divorce lawyer for a contested case with allegations of adultery and property issues. She could have asked the lawyer for client testimonials or client expressions of their experiences with him.

WRITTEN FEE AGREEMENT-She could have asked for a written fee agreement and a receipt for her retainer. Or she could have written the lawyer a letter setting out her understanding of the representation and of the fee charged or to be charged in the matter and the application of the retainer which she had paid, retaining a copy of the letter for her file.

QUESTIONS-She could have asked the lawyer how he charges and how much he would estimate the case would cost. She could have asked if he had experience with opposing counsel and if he was afraid of her or if he felt confident he could handle the case, despite opposing counsel. She could have asked what to expect and she could have asked about the procedure in a contested Virginia divorce.

She could have asked the lawyer what strategy he planned to use to defend her and how he planned to take her case on the offensive. She could have asked the lawyer how he planned to keep her abreast of developments and progress in her case and how long he estimated it would take to get to final hearing in the case. She could have asked him how he planned to enforce the spousal support order and what could be done to collect the money.

When the lawyer got a court order of attorney's fees from her husband for $10,000, she could have questioned the lawyer about what he was doing and why. She could have asked for an itemization of charges and whether or not she would be responsible if her husband did not pay.

She could have consulted another attorney or the State Bar to ask about what was going on and what rights she had as a client.

COMMUNICATION - She could have made a greater effort to remain in touch with the lawyer and to keep him abreast of changes in her circumstances, such as her accident and being out of work due to disability from the accident. When time passed without hearing from the lawyer, she could have telephoned the lawyer. When the lawyer failed to return her telephone calls, she could have scheduled an appointment to see him or written him documenting his failure to return her telephone call and asking for a status report and what the next step would be.

When the lawyer began to demand money from the woman, she should have responded to the bills and letters in writing with questions about the charges. She could have demanded an itemization of charges and an accounting of the retainer which she had paid.

SECOND OPINION - When she became dissatisfied with the progress of her case, she could have sought a second opinion and considered changing counsel before the lawyer moved to withdraw from the case, or at least before the lawyer filed suit over the fees. In fact, when the case was dismissed by the court for inaction, she should have sought a second opinion and considered changing counsel and asking for the return of her retainer.

(c) 2009 by Virginia Perry, J.D. This article may be reproduced in whole or in part for personal, non-commercial use, provided the following language is included: "This copy right article/material is reproduced with the permission of the author, Virginia Perry, J.D."
Virginia Perry, JD is a licensed Virginia attorney and has been actively engaged in the general practice of law with an emphasis on family law and trials for over 30 years.For more information about Virginia Perry, JD or for additional publications and articles on family law, see the website at http://www.valawtalk.com.
Article Source: http://EzineArticles.com/?expert=Virginia_Perry

What is the Need for Green Card Lottery?

2011-03-09T17:00:00.000-04:00

Author: Samuel Beckett

It is a well known fact that there are many ways through which an immigrant can get a green card. One is through the yearly conducted green card lottery program that will give him/her legal residence status in the US.

As mentioned earlier, the DV lottery program is conducted every year and provides approximately 50,000 green cards to applicants who will be selected randomly. All applicants are required to fulfill simple, but strict eligibility requirements. The main eligibility requirement is that the applicant should be from a qualifying country as not all countries qualify. The eligibile country generally will be the same as the applicant's country of birth and is not related to where he/she lives. Other eligibility requirement is that the applicant should have at least a high school education or its equivalent.

If you are not from country that qualifies for the program, you can apply through your spouse if your spouse if from an eligible country. If selected, both the applicant and the spouse should enter the US together.

Applicant's children under 21 years of age listed in the application can come along with their parents to the US. One can also qualify through the country of birth of either of one's parents as long as neither of the parents was a resident of a non qualifying country at the time of your birth.
Eligible applicants should submit only one entry. Applicants submitting more than one entry will be disqualified. However, a husband and wife can each submit one entry if each one satisfies all the eligibility requirements for the green card lottery program.

The Green Card Lottery Process :
All the applications received for the current year's lottery program will be separately numbered at the Kentucky Consular Center. Here a computer will select (randomly) from the received entries for each geographic region. A notable feature is that all the applications have an equal chance of getting selected in this green card lottery program.

Once done with this process, the Kentucky Consular Center will notify the winners through an appointment letter approximately four to six weeks before the interview with the US consular officers overseas. The winners will have to pay all diversity and immigrant visa fees in person at the US embassy or Consulate at the time of their visa application.

The benefits of becoming a green card holder is that one gets the the right to apply for government-sponsored financial aid for education. Additionally, you can pay less tuition for university and college, which is also known as "in-state" tuition or "resident" tuition. Savings in most cases are 3 to 4 times lower than what other foreigners pay.

Green card holders have the permission to work in any company located in U.S. territory regardless of job function except for a few companies that hire only U.S. citizens. Employer sponsorship is not necessary either. Few jobs require security clearance that only green card holders and U.S. citizens can get. Therefore, a green card offers more job opportunities.

Green card holders also have the permission to start their own business and create their own corporation. In addition to these, they will get Social Security benefits when they retire and this is subject to certain conditions. The green card holder can also sponsor your spouse and unmarried minor children under 21 for them to get permanent status in the US. You also will have access to security clearances, become eligible for government grants and exempt from export restrictions. You will be eligible to apply for U.S. citizenship too.

Article Source: http://www.articlesbase.com/immigration-articles/what-is-the-need-for-green-card-lottery-4372628.html
About the Author
The green card lottery program is conducted every year and provides approximately 50,000 green card to applicants who will be selected randomly. All applicants are required to fulfill simple, but strict eligibility requirements.

Extended family members of EEA nationals

2011-03-08T20:25:00.001-04:00

Author: Shwan

MR and ors (EEA extended family members) Bangladesh [2010] UKUT 449 (IAC)
This case concerned the extended family members of the non EEA national spouse namely, the brother, half-brother and nephew.

The non EEA national's mother, Mrs. Begum, a Bangladeshi national and widow, was granted leave to enter the UK. The EEA national is Irish and was working in Northern Ireland. They applied for residence permits to enter the UK and whilst they were initially refused, they won on appeal and Mrs. Begum was admitted to the UK as an elderly dependant. She was a dependant family member in ascending line.

The other applicants (brother, half brother and nephew) do not fall within the definition of Regulation 7 under the Immigration (European Economic Area) regulations 2006 but fall to be treated under reg 8 as extended family members. They argued a discretionary consideration by the Secretary of State for the Home
Department (herein after referred to as the SSHD) where deemed appropriate. They were granted entry clearance to join Mr Rahman (the non EEA national) and Mrs. Rahman (the EEA National). They applied for residence cards upon arrival. They were subsequently refused on the basis that they did not qualify as extended family members.

Upon appeal, the immigration judge concluded that they were in fact dependants and that the issue was the consideration of the SSHD's exercise of discretion under reg 17 (4). The SSHD sought and was granted reconsideration on the point of dependency. The case came before the Upper Tribunal.

Upon consideration of European Community Law and domestic legislation, the Tribunal concluded that it would refer questions to the European Court of Justice (ECJ) for clarification. Those questions are:

1. Does Article 3(2) of Directive 2004/38/EC require a Member State to make legislative provision to facilitate entry to and or residence in a Member State to the class of other family members who are not nationals of the European Union who can meet the requirements of Article 10(2)?

2. Can such other family member referred to in Question 1 rely on the direct applicability of Article 3(2) of Directive 2004/38/EC in the event that he cannot comply with any requirements imposed by national legislative provisions?

3. Is the class of other family members referred to in Article 3(2) and Article 10(2) of Directive 2004/38/EC limited to those who have resided in the same country as the Union national and his or her spouse, before the Union national came to the host state?

4. Must any dependency referred to in Article 3(2) of Directive 2004/38/EC on which the other family member relies to secure entry to the host state be dependency that existed shortly before the Union citizen moved to the host state?

5. Can a Member State impose particular requirements as to the nature or duration of dependency referred to in Article 3(2) of Directive 2004/38/EC by such other family member so as to prevent such dependency being contrived or unnecessary to enable a non national to be admitted to or continue to reside in its territory?

6. Must the dependency on which the other family member relies in order to be admitted to the Member State continue for a period or indefinitely in the host state for a residence card to be issued or renewed pursuant to Article 10 of Directive 2004/38/EC and if so how should such dependency be demonstrated?
The Upper Tribunal stated that a clearer understanding of Community law would be required in order to determine the appeals. Therefore, once the questions have been answered by the ECJ, a determination will be made on the case.

For further information or for a case specific evaluation, please contact us on 0207 569 3035 or alternatively at info@ergensharif.co.uk

Article Source: http://www.articlesbase.com/immigration-articles/extended-family-members-of-eea-nationals-4358038.html
About the Author
At Ergen & Sharif, we can assist you in all aspects of your application as well as advise you as to the prospects of success. Whether you require assistance with the application or whether you would like us to check your documents to ensure everything is in order, we can help/
For further information or for a case specific evaluation, please contact us on 0207 569 3035 or alternatively at info@ergensharif.co.uk
www.ergensharif.co.uk

Proposed changes in Canada Immigration Rules

2011-03-08T14:25:00.002-04:00

Author: Canada Updates

Canada as a place has always been in the priority list of immigrants due to its high standard of living and ample opportunities available there. It has been attracting large groups of immigrants from all over the world. In the recent times many remarked changes have been proposed and implemented in the Canada immigration rules. Citizenship and Immigration Canada (CIC) has introduced changes in the procedures and categories of both temporary and permanent immigration like Temporary Foreign Workers; Federal Skilled Worker and also in Federal and Family Class permanent immigration.

Temporary Foreign Workers
Of late there have been instances of severe exploitation faced by the migrants at their workplace. These occurrences have somewhere made the hopeful immigrants be a bit apprehensive before taking the final plunge of going to Canada. The Canada government to avoid these cases of acting as a deterrent to the inflow of immigrants has proposed certain amendments to the Immigration and Refugee Protections Regulations. These changes have been put forth to protect the interests of those immigrating to Canada under the Temporary Foreign Worker Program. These changes induced by the government are highly necessary for the following reasons :

Reduction of exploitation of the workers under the temporary foreign worker program
Increment in case of an employer's responsibility towards his foreign employee because if the
employer fails to comply with the rules then he will be charged with harsh punishment.
Work permits issued under this program is for a temporary phase only
Strengthening the government to keep an eye on the temporary foreign workers and their employers.

Changes to the immigration rules
According to the new rules imposed by the government it is now necessary for the employer to prove that his employment offer to the temporary foreign worker is genuine and not fake.
It is necessary for the employer to show that his past record with foreign staff has been well. If a case of manhandling is found in terms of meager wages and inhuman working conditions then the employer will be barred for two years to hire temporary foreign workers.
Full details of the employers, ineligible to employ foreign workers to be given on the Citizenship and Immigration Canada's website.

A four year work limit to be put on the temporary foreign workers followed by another four years where they will not be given the authority to work in Canada.
These changes will be applied in practicality from 1st of April 2011 so as to ensure the fair treatment of
workers in Canada under the Temporary Foreign Worker Program.

Federal skilled worker
The Canada government has initiated certain amendments in the Federal Skilled Worker Program also. Past history shows that changes made in this category has yielded positive results which has acted as a driving force to make the government introduce new ones. These changes have been proposed by Citizenship and Immigration Canada keeping in mind the needs of Canadian society and economy. Some of the changes proposed by CIC under this program are :

CIC has proposed to increase the minimum number of points which can be attained by an applicant from 16 to 20 in the language category.
Increase in the number of points from 10 to 12 for applicants between age of 25 - 34 keeping in mind factors like adaptability.
Reduction in the number of years required of education for doing trade.
Reduction in the maximum number of points from 21 to 15 in the area of work experience.
Assessment of the job offer given by the employer to avoid potential fraud.

These changes to the Federal Skilled Worker Program have been proposed with the intention of providing better facilities to the immigrants to fulfill their economic goals but as of now have just been limited to theory and not put into practice by the CIC.

Article Source: http://www.articlesbase.com/immigration-articles/proposed-changes-in-canada-immigration-rules-4363738.html
About the Author
Ruchi is a freelance journalist working with Canadaupdates. You can add Immigration to Canada feedback about the immigration agents you hire. You can also stay updated on various news on canada immigration

Vital tips for green card immigration

2011-03-07T17:49:00.001-04:00

Author: Get Leads Fast

Are you looking forward to get green card? Well then you need to understand the basics of green card immigration. The procedure to get green card can be a time consuming one and it is not at all simple. So for that you need to know what things you must follow or what all things are there which can risk your chance of getting permanent residency in any foreign country.

Following are some important tips for successful green card immigration:

It is important to know the documents that you need to attach and know their correct order as well. It is important to present all the papers, your immigration plea will not be processed unless you have provided right sort of documents. If you fail to come up with the required papers on time then this mat result in the delay of processing your plea.
To avoid any immigration issue it is advisable that you hire a green card immigration lawyer; the lawyer will guide you well on every context.
It is important that you tell your lawyer each and every thing, if you ever denied a visa then you need to tell this as well, if you have any crime record noted against you or any unethical thing in your record then do tell all this to lawyer well in advance
In case of any questions regarding the immigration you can either ask to your lawyer or you can check out the website stating the immigration procedure and its highlights.
You must not leave any empty space in your form or do not have any false assumptions regarding the form filling. If you write any thing which is untrue then you may be barred from going to the country or you may even be barred from returning back.
It is important that in interview you behave as per the guidelines given by the lawyer; do not give false statements as this may lend you in big trouble.

Above outlined are some of the most important tips for green card immigration and it is important that you do keep all of them in to consideration. Do not overlook on any point and if you fail to know the meaning of any procedure then make your self clear in the advance only. It is better that you take care of each and every aspect of immigration so in the end all those efforts don't go in vain

Article Source: http://www.articlesbase.com/immigration-articles/vital-tips-for-green-card-immigration-4346747.html
About the Author
Maud Poudat is a highly respected and renowned french immigration attorney in the DC area.
Get in touch with the best green card immigration and Virginia immigration lawyer today!