The Livesay & Myers, P.C. Blog


Increased Teen DUI Penalties Start July 1st

Posted on June 13th, 2011, by James Livesay in Criminal Defense. Comments Off on Increased Teen DUI Penalties Start July 1st

Soon, teenagers convicted in Virginia of driving after consuming virtually any amount of alcohol will lose their driver’s licenses for a year and be guilty of a Class 1 misdemeanor.

Currently in Virginia, persons under 21 convicted of driving with a blood alcohol concentration (BAC) of .02 [but less than .08 BAC when all drivers are presumed to be driving while intoxicated] are penalized with only a six-month driver’s license suspension and a “fine of not more than $ 500.”

But effective July 1st, a new law doubles the driver’s license suspension period (to one year), and elevates such conduct to a Class 1 misdemeanor.

According to the National Highway Traffic Safety Administration, a 120-pound male or female would reach a BAC of .02 after consuming just one drink in one hour. Therefore, under the new law, it may only take a drop … Read More »


National GOP Group Wants Unjust Veteran Deportations to Stop

Posted on June 11th, 2011, by James Livesay in Immigration Law. Comments Off on National GOP Group Wants Unjust Veteran Deportations to Stop

Somos Republicans, a national watchdog group and the largest Hispanic Republican grassroots organization in the nation, is calling for an end to unjust deportations of U.S. military veterans:

“Veterans of the United States Armed Forces who served under honorable discharge are facing court proceedings for deportations. Hundreds of Veterans are facing deportation and we would like to start by bringing awareness to the situation involving the Valenzuela Brothers. Manuel and Valente Valenzuela are currently awaiting trial and are facing deportation today. Therefore, we are asking the President of the United States to stop the deportations of all veterans who served under honorable discharge conditions. We believe the President has the power to pardon those who have served our country honorably. The mission is to leave “no man behind” and we hope to see President Obama make a symbolic move this year … Read More »


Computer Glitch Affects 2012 Diversity Lottery Results

Posted on May 13th, 2011, by Jennifer Varughese in Immigration Law. Comments Off on Computer Glitch Affects 2012 Diversity Lottery Results

Today, the U.S. Department of State issued a notice that, due to a computer glitch, the 2012 Diversity Visa Lottery results have been voided. The results, according to the DOS, did not represent a truly random selection of applicants. Individuals who were selected as early as May 2011 will have to revisit the website starting July 15, 2011 for the new lottery results. No further applications are necessary if applicants initially filed between October 5, 2010 and November 3, 2010.


Undocumented Males 18-25 Required To Register For Selective Service

Posted on February 12th, 2011, by James Livesay in Immigration Law. Comments Off on Undocumented Males 18-25 Required To Register For Selective Service

Selective Service has just posted the following item on the front page of its web site:

ATTENTION, UNDOCUMENTED MALES & IMMIGRANT SERVICING GROUPS!

Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.

If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. According to law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service will accept late registrations but not after a man has reached age 26. You may be denied benefits or a job if you have not registered. You can register at any U.S. Post Office and do not need … Read More »


Jennifer Varughese Named Fairfax County Pro Bono Lawyer Of The Year

Posted on January 28th, 2011, by James Livesay in Immigration Law. 1 Comment

Livesay & Myers immigration lawyer Jennifer Varughese was today named the Pro Bono Lawyer of the Year (2010) by the Fairfax County Bar Association. She will be honored with the award at the February Membership Luncheon of the Fairfax Bar.


Modification of Custody Orders in Virginia

Posted on January 14th, 2011, by James Livesay in Custody, Family Law. Comments Off on Modification of Custody Orders in Virginia

In an ideal world, after the final custody order is entered, all the animosity melts away and families transition seamlessly into their custody arrangement. Unfortunately, this isn’t always the case. As children grow, parties remarry, and priorities change, you may find that you or your children are no longer happy with your custody order.

Virginia Code § 20-108 requires the party petitioning the court for modification of a custody order to prove that (1) there has been a material change of circumstances since the entry of the last order, and (2) it is in the best interest of the children to modify custody.

The change of circumstances may be either positive or negative. A positive change could be a parent’s remarriage or getting a new job with either a higher salary or more flexible work schedule. A negative change could be a … Read More »


Social Networking and Electronic Communications in Custody and Divorce Cases

Posted on January 12th, 2011, by James Livesay in Custody, Divorce, Family Law. Comments Off on Social Networking and Electronic Communications in Custody and Divorce Cases

Technology is a wonderful tool to make our lives easier and help us connect with friends across the world, through social networking sites such as Facebook, Myspace or LinkedIn. Technology has allowed instant communication through texting, instant messaging and e-mail. While these technological advances may make our social lives more enjoyable, they can lead to hidden perils during a divorce or custody case.

Social Networking Sites

Posting on a social networking site may seem like harmless fun, but during a divorce or custody case these postings can easily move from the computer to the courtroom. Your time in front of a Judge is limited, and the last thing you want to do is waste time defending the angry wall post you wrote at 2 a.m. or those pictures of you blowing off steam at a friend’s party, during your divorce or custody … Read More »


Visa Bulletin for February 2011

Posted on January 12th, 2011, by James Livesay in Immigration Law. Comments Off on Visa Bulletin for February 2011

The Visa Bulletin for February 2011 is now available. The Department of State (DOS) issues the Visa Bulletin, which summarizes the number of available immigrant visas (green cards) according to preference categories, each month.

Family-Sponsored Green Card Categories
The Family-Based First Preference (FB1) category for Worldwide, China and India stalled at January 1, 2005. The Philippines advanced two months in this category, to August 1, 1994, while Mexico advanced by just two weeks, to January 22, 1993.

In the Family 2A category, the cutoff dates for Worldwide, India, China and The Philippines all remained at January 1, 2008, while Mexico stalled at April 1, 2005.

The Family 2B category saw the cutoff dates for Worldwide, India and China remain at April 15, 2003, while Mexico advanced by nine days, to July 1, 1992. The Philippines advanced in this category by 2.5 weeks, to June 1, 1999. … Read More »


Visa Bulletin for January 2011

Posted on December 10th, 2010, by James Livesay in Immigration Law. Comments Off on Visa Bulletin for January 2011

The Visa Bulletin for January 2011 is now available. The Department of State (DOS) issues the Visa Bulletin, which summarizes the number of available immigrant visas (green cards) according to preference categories, each month. The January 2011 Visa Bulletin brought bad news for those awaiting family-sponsored green cards, as much of the advancement of the last two years in those categories has been reversed. One bright spot was a ten month advancement for EB-3 Skilled/Professional Worker green cards for Mexico.

Family-Sponsored Green Card Categories
The Family-Based First Preference (FB1) category for Worldwide, China and India retrogressed by 13 months, to January 1, 2005. The Philippines fell back 34 months in this category, to June 1, 1994, while Mexico advanced by just one week, to January 8, 1993.

In the Family 2A category, Worldwide, India, China and The Philippines all retrogressed by 31 months, to January … Read More »


Visa Bulletin for December 2010

Posted on November 13th, 2010, by James Livesay in Immigration Law. Comments Off on Visa Bulletin for December 2010

The Visa Bulletin for December 2010 is now available. The Department of State (DOS) issues the Visa Bulletin, which summarizes the number of available immigrant visas (green cards) according to preference categories, each month. The December 2010 Visa Bulletin showed very little advancement for most countries in most categories– with The Philippines actually retrogressing substantially in several family-based categories. Mexico did see a nice advancement in the EB3 “Other Worker” category.

Family-Sponsored Green Card Categories
The Family-Based First Preference (FB1) category for Worldwide, China and India saw no advancement, remaining at February 15, 2006. The Philippines stalled in this category, at April 1, 1997, while Mexico advanced by just over one week, to January 1, 1993.

In the Family 2A category, Worldwide, India, China and The Philippines all advanced by two months, to August 1, 2010, while Mexico remained at March 1, 2010.

The Family 2B … Read More »




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