The Livesay & Myers, P.C. Blog
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.
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 »
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 »
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 »
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.
With a change effective July 1, 2011, Virginia’s protective order statute will now cover persons in dating relationships. The new legislation expands Chapter 9.1 of Title 19.2 of the Virginia Code from “Protective Orders for Stalking” to “Protective Orders.” Chapter 9.1 now applies to “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury,” as provided in a new section:
§ 19.2-152.7:1. Definitions. As used in this chapter: “Act of violence, force, or threat” means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault … or any criminal offense that results in bodily … Read More »
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 »
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 »
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.
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 »