The Livesay & Myers Blog
I recently handled the immigration case of an individual who has resided in the U.S. since the late 1950s. Having entered on a farmworker visa and then falling out of status once the visa expired, my client filed for a green card based on a little-known program in the U.S. called Registry. Quite simply, Registry allows for a person to obtain a green card (or permanent residency) if they can prove physical and continuous presence in the U.S. since January 1, 1972.
Other criteria for a green card through the Registry include that the individual is:
a person of good moral character;
not ineligible for citizenship; and
not deportable as a terrorist or inadmissible for engaging in Nazi persecution, genocide, torturous acts, or extrajudicial killings.
Importantly, the applicant must have proof of his/her continuous physical presence in the U.S. since 1972. Such proof includes: bills, … Read More »
Over the last few weeks, the recent upsurge of unaccompanied minor children crossing illegally into the United States has caught the attention of the media and protesters alike. Anti-immigration activists will predictably seek to frame this situation in the most political terms possible. But this is a case where, rather than arguing over invisible borders, we should act as adults seeking to protect the innocent.
In order to understand this recent influx of child immigrants, it is important to understand how we got here, how bad the situation is for these children, and what we are doing to address the issues.
How Did We Get Here?
In 2008, President Bush signed the Trafficking Victims Protection Reauthorization Act into law. This Act set guidelines on how unaccompanied minors arriving from non-border countries should be handled. Minors qualifying under the Act are entitled to have a hearing … Read More »
“Im Deploying! How does that affect my custodial or visitation rights to my child?”
Deploying is a unique and difficult fact of life for most every military family. For those parents involved in a custody or visitation dispute, deployment can be an even more stressful event, as the deploying parent must also be concerned with arrangements for his or her child during the required absence.
Given that Virginia has the second largest military population in the United States, it is not surprising that in 2008 the Virginia legislature addressed the concerns of deploying parents with a statutory scheme designed to protect the custodial or visitation rights of our men and women in uniform.
The Virginia Military Parents Equal Protection Act, incorporated into Virginia Code Sections 20-124.7 through 20-124.10, defines who is considered to be a deploying parent, including not only active duty but … Read More »
That Is the Question for Many Criminal Defendants
The world of criminal defense has been abuzz lately regarding a unique plea deal that was struck last month in Shenandoah County, Virginia. In that case, the defendant, Jessie Herald, was facing five charges: felony child endangerment, felony hit and run, misdemeanor failure to provide medical attention to an injured child, misdemeanor driving on a suspended license, and misdemeanor driving after forfeiture of his license. In exchange for dropping two misdemeanors, he agreed as part of his terms of probation to get a vasectomy. The defendant had fathered multiple children and the prosecutor deemed it would be in the Commonwealth’s best interests for him to have a vasectomy. The decision has been controversial among the legal community of where the line should be drawn in what is acceptable in a plea deal.
While most … Read More »
In our highly politicized and pluralistic world, consensus often comes with a shock. Debates are argued not necessarily by the brightest advocates for a position, but by the loudest or most intense. Legislation always feels like it is passed by party line. And popular convention extends the same to the United States Supreme Court: that there are four justices who all agree one way, four who agree inapposite, and one deciding swing vote every time. If you just observe superficially, every Supreme Court decision is a 5-4 affair. So when the justices return a 9-0 decision, it comes as a shock to many. And the same superficial observation has us give a 9-0 ruling more weight than a 5-4 decision. On June 25, 2014, the Supreme Court issued one of these seemingly rare unanimous decisions, answering a question of utmost importance: whether … Read More »
Divorce can be financially difficult for both parties, particularly in today’s economy. If you are the breadwinning spouse, you may face special difficulties—which include but are not limited to the following:
Your spouse doesn’t (or refuses to) work, so you may be looking at higher amounts of spousal support and child support.
Your name is tied to all of the marital debts because your spouse doesn’t have good credit.
You’re stuck paying everything: a mortgage, two car payments, and massive credit card debt that is more than you can afford.
Your spouse recklessly increases your debt, and only you are held responsible.
Your spouse has requested pendente lite support and attorney’s fees to help him or her carry on the divorce lawsuit.
Unfortunately, these are examples of some of the pitfalls that come with being the breadwinning spouse. Here are four tips to help protect yourself before, during … Read More »
Among the most common questions for many people facing divorce are those relating to spousal support: will the court order spousal support? If so, how much—and for how long? As explained in Is It Really Cheaper To Keep Her Or (Him)?, both local guidelines and the Virginia Code provide guidance on how trial courts are to go about determining the amount and duration of support. However, even with local guidelines and the factors stated in Virginia Code Section 20-107.1, awards of support vary greatly case by case. Nevertheless, the Virginia Court of Appeals recently reiterated the importance of the Code factors, in the Fairfax County divorce case Cleary v. Cleary.
The parties in Cleary were married for 17 years and had three children during the marriage. Both parties were employed, with the husband working as a financial advisor and the wife working as … Read More »
The importance of education and obtaining a college degree has grown over the years, to the point where most, if not all, parents make it one of their highest priorities when raising their children. Given the rising costs of attending college, in some instances reaching in excess of $50,000 per year, figuring out how to pay for a child’s education can be a challenge. That challenge is heightened when parents find themselves separated or pursuing a divorce.
When a Virginia Court enters an order regarding child support, the parties’ legal obligation usually ends when the child or children reach the age of 18. However, Virginia Code Section 20-124.2(C) provides that any child support order shall include language ordering parents to support any child who is over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the … Read More »
If your H-1B petition was not selected in this year’s H-1B lottery, you are not alone. With over 170,000 visa petitions received, the allotted H-1B visas were filled quickly this year. USCIS conducted a random lottery to select petitions which would be considered for the available visas. Many employers whose petitions were not selected are left with job openings in need of qualified candidates. However, those employers do have additional options available to sponsor their foreign candidates.
Below is an overview of some non-immigrant visa alternatives for employers to consider:
O-1 visas (extraordinary ability). O-1 visas are for foreign nationals who are outstanding and widely recognized in their field. They should be considered within the very top of their field to qualify for this type of temporary visa. The specified fields which are available are limited, but include science, arts, education, business, … Read More »
What happens to a non-custodial parent’s child support obligation in Virginia if they are incarcerated and child support has already been ordered? Does their obligation to pay support automatically freeze, modify, or terminate? Should the incarcerated parent petition the court for a modification in their obligation? Is the parent in jail entitled to a modification after and because of their incarceration?
The answers to these questions may surprise you.
Will the Incarcerated Parent’s Child Support Obligation Be Modified?
In Virginia, the answer to this question is: probably not. A Virginia court is unlikely to modify an already existing child support order in lieu of a non-custodial parent’s recent incarceration.
In order to modify an existing child support order in Virginia, the petitioning party must demonstrate that a material change in circumstances has occurred, since entry of the last order, that warrants a modification. Naturally, incarceration is … Read More »