The Livesay & Myers, P.C. Blog

There Is Nothing Simple About “Simple Assault” in Virginia

Posted on March 6th, 2012, by niftyadmin in Uncategorized. Comments Off on There Is Nothing Simple About “Simple Assault” in Virginia

Be The Tortoise Not The Hare After Your Automobile Accident

Posted on February 28th, 2012, by Benjamin Griffitts in Personal Injury. Comments Off on Be The Tortoise Not The Hare After Your Automobile Accident

Most of us are familiar with the fable of the tortoise and the hare. The speedy hare declares no other animal a match for his speed, only to be challenged to a race by the slow-moving tortoise. The hare sprints from the start line, charges ahead, and in contempt for his opponent, lays down for a nap. All the while, the tortoise continues to slowly press ahead. When the hare awakes, he sees the tortoise near the finish line, and despite his speed, he cannot get there faster than the tortoise. The tortoise wins the race, not because of his speed, but rather his consistency.

In much the same way, a personal injury claim can be resolved successfully through consistency.

So many auto accident victims start their case like the hare: they make an initial doctor visit, contact the insurance companies and make arrangements … Read More »

Restricted Driver’s Licenses In Virginia For Servicemembers And Their Dependents

Posted on February 1st, 2012, by Benjamin Griffitts in Criminal Defense. Comments Off on Restricted Driver’s Licenses In Virginia For Servicemembers And Their Dependents

About the only saving grace following a conviction on a charge of DWI, DUI, drug possession, or high speed reckless driving in Virginia is the opportunity to receive a Restricted Operator’s License so that you can continue to drive for a number of necessary, but limited, purposes.

A Virginia Restricted License allows a person to drive to and from their place of business, even during work under certain verifiable conditions; to and from an educational institution; to and from medical facilities for yourself or someone under your care; to and from school or daycare for your children; to and from court-ordered visitation with children; and to and from court-ordered probation or VASAP. In 2010, the General Assembly even added the ability to drive to a place of religious worship one day per week. You can find the entire list of uses … Read More »

Stepparent Adoption In Virginia

Posted on January 26th, 2012, by Stephanie Sauer in Family Law. 4 comments

Remarrying and starting a new family is an exciting time in most people’s lives. Many families have adopted the terms “bonus children” or “bonus parent” to highlight the happiness that comes from an expanding family. Stepparents can and often do take on an important and involved role in children’s lives. Sometimes the stepparent is more involved and a better influence than one of the biological parents. In these situations, many parents want to learn about the possibility and likelihood of the stepparent adopting the child.

Stepparent adoption is the most common type of adoption. The process involves multiple steps which can be executed with relative ease depending on the willingness of the biological parent.

The first step in any stepparent adoption is to address the rights of the biological parent. If the parent has been absent from the child’s life for an extended … Read More »

Waiting For the Market to Turn Around: The Dangers of Joint Ownership After Divorce

Posted on September 15th, 2011, by Benjamin Carafiol in Divorce, Family Law. 2 comments

In any separation, one of the most difficult issues to address is the marital residence. Whether secured by a mortgage or owned free-and-clear, the home typically represents the most valuable asset owned by a couple. In this buyer’s market, it can be difficult (if not impossible) to simply sell a house and split the profits. Sometimes, the parties want one parent to stay in the house until their kids finish school to avoid pulling them from their childhood home. In other cases, there simply may be no realistic way to sell the house for a profit. This reality often leads parties to consider continuing jointly owning their house beyond their separation and divorce, whether that is for two, five, or even ten years.

While on its face this approach seems practical, deciding to retain joint ownership over the marital residence after … Read More »

Foreign Teachers Settlement Reached In Prince George’s County, Maryland

Posted on July 9th, 2011, by Jennifer Varughese in Immigration Law. Comments Off on Foreign Teachers Settlement Reached In Prince George’s County, Maryland

According to a Washington Post article, in a huge blow to the public schools of Prince George’s County, Maryland, a settlement between the County and the Department of Labor will end recruitment of teachers from overseas, particularly the Philippines, for the next two years. The settlement results from a federal finding that the school district recruited overseas teachers to come to the U.S. and work on H-1B visas, but failed to pay requisite legal and filing fees, instead forcing the teachers to cover all fees. The overall aftermath of the settlement will be staggering: the County must pay $4.2 million in back wages, 161 current teachers will lose their jobs and visa status, and more terminations are likely.

Statewide Spousal Support Guidelines In Virginia Divorces?

Posted on July 8th, 2011, by James Livesay in Divorce, Family Law. 2 comments

A recent op-ed published by The New York Times makes the argument that states should adopt set guidelines for determining alimony awards. The editorial, “Ending the Alimony Guessing Game,” argues that making spousal support awards more predictable would result in more fairness and less costly litigation.

This argument is absolutely correct. Adoption of a strong statewide spousal support formula in Virginia would take a lot of the guesswork out of most alimony cases, resulting in more settlements of contested divorce, and saving parties thousands of dollars in legal fees in many cases.

Virginia law does seem to be moving toward more and more reliance on certain guidelines in determining spousal support—most commonly the so-called “Fairfax guidelines.” As explained in Spousal Support in Virginia, Virginia has now adopted the Fairfax guidelines statewide for determining spousal support in Juvenile and Domestic Relations Court cases.

If and … Read More »

Immigration Lawyer Jennifer Varughese To Speak At Legal Seminar

Posted on July 7th, 2011, by James Livesay in Immigration Law. 1 Comment

On Friday, July 8th, Livesay & Myers immigration lawyer Jennifer Varughese will be speaking at a Virginia Continuing Legal Education (CLE) seminar hosted by George Mason School of Law, entitled “Immigration Consequences of Criminal Convictions.” She’ll be discussing her case, Commonwealth v. Morris, 281 Va. 70 (Va. 2011), currently on appeal to the U.S. Supreme Court, and how it relates to the U.S. Supreme Court’s decision in Padilla v. Kentucky.

Commonwealth v. Morris is a case at the center of a raging legal battle involving the immigration consequences of criminal convictions in Virginia. As detailed by an article by The Washington Post, Ms. Varughese represents a lawful permanent resident who pled guilty in 1997 to petty larceny, after being told by a public defender that the guilty plea would not affect his immigration status, only to find himself facing deportation for that … Read More »

New Regulations for J-1 Visas for Summer Work Travel

Posted on June 22nd, 2011, by James Livesay in Immigration Law. 1 Comment

The U.S. Department of State has released the following questions and answers taken from their June 20, 2011 daily press briefing, regarding new regulations for J-1 Visas for summer work travel:

Q: Please provide details on the specific aspects of the new regulations for J-1 visas. What is the intention of these new regulations? Are we confident that these new regulations will protect recipients from abuse?

A: The Summer Work Travel (SWT) program has provided thousands of international college and university students an opportunity to visit the United States and experience the American people and culture firsthand.

In 2010, approximately 120,000 college and university students participated in the Summer Work Travel program.

Given the expanding size of this program, the Department of State has perceived the need to enhance safeguards for participants. We are confident that … Read More »

USCIS Unauthorized Practice of Immigration Law Initiative

Posted on June 17th, 2011, by James Livesay in Immigration Law. Comments Off on USCIS Unauthorized Practice of Immigration Law Initiative

On June 9, 2011, U.S. Citizenship and Immigration Services outlined their new Unauthorized Practice of Immigration Law Initiative. As stated in the Executive Summary of the initiative:

The unauthorized practice of immigration law (UPIL) is a serious national problem that adversely impacts individuals throughout the country. Anyone who is in need of an immigration benefit, either for himself or a family member, can be harmed by UPIL, including U.S. citizens, lawful permanent residents, nonimmigrants, refugees and asylees, and undocumented aliens. U.S. Citizenship and Immigration Services (USCIS) will combat this pervasive problem through its UPIL Initiative.

Contact Our Immigration Law AttorneysIf you or a loved one require legal assistance with an immigration law matter, contact us to schedule your initial consultation with an experienced immigration lawyer today. Our immigration attorneys represent clients throughout Virginia, Maryland and the District of Columbia.

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