The Court in Groves decided that even though Redman was using his vehicle to shoot Harrison, the shooting itself was an act of intervening negligence. Any injuries rising therefrom would not be covered by insurance. So, even though Harrison was shot and killed by Redman in her car by Redman driving alongside her, she was not able to recover for those injuries from his insurance carrier.

This case confounds as to both a damages and coverage determination.  A motor vehicle is often used as a dangerous instrumentality in consort with the firing of a gun at another vehicle. Based on Groves, if a Defendant uses his or her vehicle as a battering ram, while simultaneously firing a weapon, only the injuries sustained from the vehicle itself would be covered by insurance, even though the intent to injure was made with both the vehicle and the firearm at the exact same time. As a matter of public policy, why should we cover one but not the other? Particularly when the only way the injuries could have arisen is by and through the use of the automobile.  I remain hopeful that we get some distinction from the Court in the future as it relates to coverage for these types of gunshot cases to allow for coverage when the car itself is used as a dangerous instrument as well. But, for now, it appears that all gunshot injuries that arise from automobile collisions are uncovered by insurance.

If you or a loved one has been injured in a car accident, call a Goose Creek Car Accident Lawyer at Miller Conway today 843-906-6212.

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ICE Director John Morton issued a memorandum dated June 17, 2011, entitled “Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens.” The memo sets forth categories that DHS officers, agents, and attorneys are to consider in determining whether or not to cancel deportation/removal proceedings or efforts, regardless of where in the system an alien may be. The memo notes that “the list is not exhaustive.”

Prosecutorial discretion means that DHS officials are to make judgment calls on illegal aliens using guidelines such as the following: (1) Did the alien graduate from high school/what is the alien’s education status? (2) Was the alien brought here as a child? (3) Does the alien have a relative in the U. S. military? (4) Is the alien a security risk? (5) Is the alien pregnant or breast-feeding? (6) Does the alien care for disabled, infirmed, or mentally challenged relatives? (7) Does the alien work? (8) Does the alien serve the community?

Essentially, the 2011 Morton memorandum, by incorporating DREAM Act provisions, advances Obama’s immigration reform without a Congressional vote.

Should you or someone you love be subject to removal proceedings please contact Miller|Conway today.

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Click here for background information on this international controversy from Miller|Conway Charleston Immigration Lawyers.  Miller|Conway, Charleston Immigration Lawyers in Goose Creek, South Carolina, closely monitors immigration matters on behalf of our clients.  Should you or a loved one find yourself or himself/herself in a situation in which an immigration lawyer is needed Miller|Conway is here to help.  Contact Miller|Conway, Charleston Immigration Lawyers.  You may also visit the law firm at twitter.com, facebook.com and on the firm’s website and immigration pages.

The post Supreme Court Rules on Arizona Law | Charleston Immigration Lawyers appeared first on Miller Conway Law.

If you are a U.S. citizen or permanent resident of the United States and your spouse is an illegal immigrant who entered the United States illegally, you are able to help your spouse obtain a green card and put him or her on the path to citizenship.

Spouses and children illegally residing in the U.S. need a waiver before being eligible for a green card. Thanks to a relatively new law, these relatives may get a decision on their case before leaving the United States to consular process. Unfortunately, leaving the U.S. without prior authorization subjects the intending immigrant to a penalty for their unlawful presence potentially separating them from their family for up to 10 years.

For some, but not all, the 10 year bar may be waived or forgiven. The 601A waiver allows immigrants to depart the United States knowing in advance their case will likely be approved and they will return to the U.S. as permanent residents within a matter of days. Only applicants who are immediate relatives of a U.S. citizen (spouses, parents and certain children) are eligible to apply for this waiver. Additionally, the Applicant must have a qualifying relative (parents or spouses) who is a U.S. citizen. Further, applicants must show that denying the case would result in extreme hardship to their qualifying relative(s).

Meeting the extreme hardship standard is the crucial and most difficult element to a successful I-601A waiver case. Miller|Conway is experienced with 601A cases and has great success on behalf of our clients (even those who do not believe they meet the hardship requirement). If you are a U.S. citizen or permanent resident married to an illegal alien call Miller|Conway at 843.764.3334 to discuss your options and evaluate your case. Miller|Conway, Miller|Conway, represent clients nationwide on 601A waiver cases. We use the latest in technology to ensure our out of state clients feel like they are local.

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Below are some key requirements you must fulfill to apply for an H-1B Visa:

1. You must have an employer-employee relationship with the petitioning U.S. employer;
2. Your job must qualify as a specialty occupation by meeting one of the following criteria:
a. A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
b. The degree requirement is common for the position or the job is so complex/unique it can only be performed by someone with at least a bachelor’s degree related to the position;
c. The employer normally requires a degree or its equivalent for the position; or
d. The nature of the duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
3. Your job must be in a specialty occupation related to your field of study;
4. You must be paid at least the actual or prevailing wage for your occupation, whichever is higher; and
5. An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.

Please contact Miller|Conway, Charleston Immigration Attorneys via admin@millerconwaylaw.com if you believe you are eligible to apply for an H-1B visa for the 2018 fiscal year.

The post 2018 H-1B Season Begins April 3, 2017 | Charleston Immigration Attorneys | Miller|Conway appeared first on Miller Conway Law.

Miller|Conway’s Ross Miller appeared on the Today Show on NBC on December 8, 2016. The footage of Ross’ appearance is available here.

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Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multi phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

Miller|Conway congratulates Ross on being selected a 2016 South Carolina Super Lawyers Rising Star.

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Limited exceptions are available for individuals traveling on behalf of international organizations, regional organizations and subnational governments on official duty; who are there on behalf of a humanitarian NGO on official duty; or are journalists traveling for reporting purposes.

Individuals subject to the above restrictions may still seek a visa through consular processing at their local U.S. Embassy or Consulate.

The 38 current VWP participants are: Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finaland, France, Hungary, Iceland, Ireland, Italy, Japan, Republic of Kora, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan and United Kingdom.

The post New Restrictions on Visa Waiver Program | Immigration Visa appeared first on Miller Conway Law.

UPDATE – Miller|Conway applauds today’s announcement by the White House that it will grant deferred action to undocumented young people who were brought to the U.S., typically by their undocumented parents, prior to age 15 and who have been raised and educated here.  The announcement expands upon the prosecutorial discretion (PD) initiatives already implemented by the White House and Department of Homeland Security (DHS).

It is important to note that deferred action does not grant citizenship or permanent resident status.  Rather, deferred action allows certain young people, who have been in this country since age 15 or younger, to complete their education, continue their military service or begin their careers. The grant of deferred action will be issued on a case-by-case basis and is renewable every two (2) years.

According to DHS, deferred action will be offered to young people between the ages of 15-30 who came to the U.S. before the age of 16 and have been in the country for at least five years, have no criminal history, and are currently in the country.

Should you or a loved one believe you/he/she may be eligible for deferred action under today’s initiative contact Miller|Conway for consultation.

Miller|Conway, Charleston Immigration Lawyers in Goose Creek, South Carolina, closely monitors immigration matters on behalf of our clients.  Should you or a loved one find yourself or himself/herself in a situation in which an immigration lawyer is needed Miller|Conway is here to help.  Contact Miller|Conway, Goose Creek attorneys.  You may also visit the law firm at twitter.com, facebook.com and on the firm’s website and immigration pages (english and Spanish).

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