Lawyers and Law

Archivo de diciembre de 2009

Visitors holding tourists visas ought to be extra careful in handling their travel documents to avoid being subjected to expedited removal.

In the recent years, DHS has begun enforcing strictly the Immigration and Nationality Act (INA for brevity) against aliens requesting entry in the US especially to holders of US Tourist visas. This active move by the government was brought about by the increased number of violent crimes and terroristic activities in the county.

In 2008 alone, the Office of Immigration Statistics Annual Report declared that the Department of Homeland Security or DHS had apprehended 792,000 foreign nationals for violation of INA and 97,000 known criminal aliens in the country. Approximately 359,000 aliens were removed from the US. The 113,500 or the 32 % of the total number of removals were made through expedited removal.

Expedited deportation also known as expedited removal is defined by the INA as a process by which the Department of Homeland Security through an immigration officer may order an alien removed. This serves as the first line of defense against unlawful entries.

The recognized grounds are violations against those stated under INA § 212(a) (6) (C) or (a) (7) which mainly prohibits misrepresentations and fraudulent documentation or not having proper entry documents.

Under this type of removal, an alien is removed without undergoing a hearing before an immigration judge. This is in contrast with the traditional removal process wherein a removal proceeding is held and the decision is appealable to the Board of Immigration Appeals.

The only recognized excuse to avoid immediate removal is fear of persecution or intent to apply for asylum. In this case, instead of deciding on the matter, the officer refers the issue to the designated asylum officer. In due course, the situation will be brought before an immigration judge.

To save oneself from humiliation and possibility of a bar to future legal entry, travellers need to make sure that all the required travel documents are at hand before boarding the plane.

It is important that Thai fiancées who want to travel to US should apply for a K1 Visa Thailand and also the Thai spouses should apply for the K3 Visa Thailand. Travelling to the US on a US tourist visa from Thailand might pose some difficulties if they are questioned or turned away by Customs and Border Protection (CBP) officer upon entry if discovered that their real intent is to marry the US Citizen.

Law Firm India – best criminal defense lawyer San Francisco

Removing Property Liens in Chapter 7 Bankruptcy

By Jacqueline S. Edington, Paralegal

Normally a second mortgage lien can not be removed in a chapter 7 bankruptcy. However, if the creditor has put a “judgment” lien on the home instead of a “mortgage” lien; it can be done. We recently had a debtor who is buying a home valued at $250,000, due to the first mortgage, there is no equity available. We made a Motion to Remove Judicial Lien based on this fact. The creditor made no objection in the proper time allotted and the Motion was granted. The lien was for $59,000. Because a creditor made a mistake, it lost out on recovering money loaned. Perhaps not surprising to realize, creditors make mistakes like this all the time. Simply researching your client’s case and reviewing any liens involved could save your client a vast amount of money.

In another instance, we had a debtor who filed a chapter 7 bankruptcy and discovered that a creditor had put a lien on the debtor’s property for an above ground pool. A pool is collateral in itself; it is never acceptable to place a lien on someone’s property for a secured item. We thought at first to file an adversary proceeding against this creditor until realizing that the client had a second mortgage on his home that was wholly unsecured by lack of equity in the property. By converting this client to a chapter 13 case, we can remove the second mortgage and the lien for the pool.

Many times, some analytical thought regarding a client’s circumstances and petition can lead to money saving solutions such as these. It is well worth spending extra time on a case to insure a debtor can indeed obtain a fresh start by filing bankruptcy.

US Real Estate Legislation governs all real estate transactions in the US. Surprisingly, the ability to buy property in the US is not the bureaucratic nightmare that it is in some countries.

All in all, the legislation is fairly easy to understand for foreign investors and does not vary much with that for a US citizen. The only exception to all of this is what is known as FIRPTA.

FIRPTA stands for Foreign Investment in Real Property Tax Act (FIRPTA) and was passed in 1980. It deals with how gains are taxed when a non US citizen sells their piece of property.

Prior to 1980, there was really nothing in the US Real Estate Legislation that encouraged tax compliance when a foreigner sold property in the US. FIRPTA changed all that. This allows it to impose an income tax on US property sold by a foreign investor.

To ensure collection, it also requires the buyer to withhold 10% from the sale price and send it directly to the Internal Revenue Service, the governing tax body of the US. Some states, like California and Hawaii, also require a similar withholding tax.

This 10% is not the amount of tax due on the property. An advance payment to the government is required by FIRPTA. Once a tax return is filed for the year, and the final income tax is determined, the money is used toward the income tax due, and a refund is granted if necessary.

Nevertheless, just like with any other tax law, there are ways in which FIRPTA can be avoided. If a foreigner investor was to “exchange” their property for another similar piece of US real estate, then the gain would be deferred and there would be on FIRPTA income to come out of the sale.

This is called a 1031 exchange . A third party intermediary is required for this type of transaction and no proceeds may be received from the sale, no matter how small. A certain number of criteria must be met if you want a 1031 to take place as well as keeping strict timelines. All in all, it’s potentially a great way to transfer your investment to another part of the US.

While you may be looking to buy property in the US, not sell, you need to be aware of the implications of FIRPTA. The consequences are not immediate especially given that most foreigners hold property as a long term investment and this is not a strong enough reason for investors to leave the US market. It’s always wise to have a good understand of real estate legislation in the USA and to also develop an exit strategy just in case you need one in the future.

Many people would benefit from legal service about once a year. Regrettably, many people don’t ask for legal guidance when these situations occur.

In 2001-2002 the American Bar Association commissioned a study on the public perceptions of lawyers to be conducted by Leo J. Shapior & Associates. This survey resulted in some interesting conclusions that can help us grasp the reasons for the unwillingness of the typical person to get legal assistance.

The study found that most Americans think lawyers are capable of navigating through the complicated legal system and most of those who had experience with lawyers were satisfied with the help they received. However, lots of Americans also believe lawyers can be materialistic, even crooked. Americans do not feel at ease with the associations lawyers have with politicians, the courts, and big business. They also believe that the legal profession is not self policing.

Many Americans feel hesitant to use lawyers since they sense they can’t tell a high-quality lawyer from an inferior one. And, many people are vague about exactly what a lawyer can do for them or the price of that service.

Because of these perceptions and uncertainties lots of people who would benefit from a lawyer don’t contact one. The Shapior research discovered that roughly 70% of households in any given year face a problem for which communication with a lawyer would be helpful. However, most people stated they still wouldn’t make use of a lawyer.

Compare this to visiting your family general practitioner. If you have medical insurance, as soon as you or your children become ill you don’t hesitate to see your doctor. If you have several children, you might visit your physician’s office 5 or 10 times in a single year. You are familiar with your physician, the office, and possibly even members of the nursing staff. You’ve seen your doctor work with your children and appreciate the care that he or she has for you and your family’s wellbeing.

Compare your visits to your doctor with meeting with a lawyer. You likely have never been to a lawyer’s office. Perhaps you’ve looked through the phone book and still don’t have the slightest idea which lawyer would be most effective for you. Furthermore, to top it off, you don’t possess legal insurance that will pay for a lot of of the cost of your office visit. No wonder you are reluctant to make use of a lawyer.

It seems obvious that the common citizen is unfamiliar with individual lawyers. Watching Boston Legal, Law and Order or reruns of LA Law or Perry Mason is not going to get the average person to visit a lawyer even when they could benefit from their help. Perhaps the most effective tool to get someone into a law office is legal insurance. By becoming familiar with a lawyer in less serious situations, anyone can have a greater degree of comfort about using a lawyer for more important matters.

You could already have a legal plan available as a benefit from your employer. If not, there are numerous providers that offer prepaid legal plans.

Prepaid legal plans normally cover the costs for you to communicate with your lawyer by phone any time you have a possible legal problem arise. Additionally, you can typically visit your lawyer to have a will drawn up, or updates to your will on an annual basis. You may also have your lawyer examine legal forms you need to sign to verify that everything is in your best interests.

If you do require extended legal support, your plan may provide for a number of hours of your lawyer’s time for pre-trial and trial activities. Beyond the time provided by your plan, you will usually receive further support at a discount.

If a year goes by and you do not need legal help you can deem yourself lucky. One day, like fire insurance on your house, your prepaid legal plan could come in real handy.

There are many people who are interested in immigrating to Canada as this is one country that offers tremendous opportunities and options to explore for new immigrants. People prefer immigration to Canada than other country as it has higher job opportunities for immigrants. In fact, the majority of people come here to work, to start a new life. Plus, this is one country where you will find relatively low degree of racism and discrimination in the society, as people living here are very open minded and they are ready to welcome people from other countries. Most of the privileges extended to Canadian citizens are enjoyed by immigrants. Immigrating to Canada permanently is an exciting opportunity.

Immigration to Canada has a lot of benefits and the Canadian Government encourages it as helps in economic growth and creates cultural diversity and understanding of different nations. After immigration to Canada one gets the right to live and work anywhere in the country. One can think for immigration to Canada along with their other family members, including children.

Immigration to Canada is lengthy process and there are lots of paper works to handle. The easiest way to apply for immigration to Canada is by contacting an immigration lawyer. In Canada, there are many good immigration lawyers who can help you out with visas, work permit, refugee claim and lots more. Immigration lawyers give immigration advice and help to visa applicants, usually for a fee. However, hiring an immigration lawyer is up to you as it is nothing like your application will be given special attention or it will be done faster.

However, there are several things you should consider before hiring an immigration lawyer.

Look for an immigration lawyer recommended by people you trust. In fact, talk to at least two to three potential advisers before selecting one.

Inquire about the training and experience the immigration lawyers have and the areas they expertise.

Hire an immigration lawyer who is a professionally certified licensed member of the ‘Canadian Society of Immigration Consultants’.

Collect information about the services they provide and their fee structure. Get this information in writing.

Avoid hiring immigration lawyers who refuses to answer your questions or are not giving satisfactory answers.

Read the written contract carefully before you sign it. The contract must have all the promised services listed properly and even the fee structure must be clearly set out.

Never leave your original documents required for immigration to Canada with the immigration lawyer.

Before signing up the application form make sure it not blank. If there are some papers or documents that you don’t understand. Keep copies of any documents that are prepared for you safely as you might need it in future.

Ask the immigration lawyer to update you on the status of your application on a regular basis.