The Livesay & Myers, P.C. Blog

H-1B Visa Requirements

Posted on January 17th, 2013, by Livesay & Myers, P.C. in Immigration Law. Comments Off on H-1B Visa Requirements

As the traditional holidays are behind us, you may find yourself anxiously awaiting the upcoming H-1B season. H-1B visas provide a way for foreign nationals to live and work in the United States, for a temporary period, in a specialty occupation. Even in the current job market, these visas remain in high demand. This demand makes proper filing of an H-1B petition all the more important.

The term “H-1B filing season” stems from the limited supply of the visas vs. the overwhelming demand. The current cap on the number of H-1B visas that may be awarded each year is 65,000. Some visas are set aside from this allowance for treaties involving Chile and Singapore, bringing the total of available visas to 58,200. The first day that H-1B petitions are considered each year is April 1st, which marks the beginning of the … Read More »

Sperm Donation: More Complicated Than You Think…

Posted on January 9th, 2013, by Livesay & Myers, P.C. in Family Law. Comments Off on Sperm Donation: More Complicated Than You Think…

A Kansas man is garnering national attention because he is being required to pay child support after donating sperm to a lesbian couple. The Kansas man, William Marotta, answered an online advertisement to donate sperm to a lesbian couple. In 2009 the couple and Mr. Marotta entered into an agreement in which he gave up his parental rights to the lesbian couple and was absolved of any financial responsibility.

After the birth of the child, the lesbian couple ended their relationship. The child received more than $6,000 in state benefits. As in Virginia, Kansas requires that the Department of Children and Families (or the Department of Social Services in Virginia) attempt to recuperate those expenses through biological parents.

The state of Kansas says that because Mr. Marotta did not work through a clinic or doctor, as the state law requires, he can … Read More »

Phase-In Of Concurrent Receipt Nears Completion

Posted on January 7th, 2013, by Benjamin Carafiol in Family Law, Military Divorce. Comments Off on Phase-In Of Concurrent Receipt Nears Completion

Beginning in 2014, retired servicemembers eligible for Concurrent Retirement and Disability Pay (CRDP) will no longer have to waive any portion of their military retirement in order to receive VA disability compensation. The CRDP program, enacted in 2004, allowed military retirees with a VA disability rating of 50% of higher, and 20 or more years of military service, to receive both military retired pay and VA disability compensation at the same time. This has been commonly referred to as the “concurrent receipt” of disability pay and retired pay.

Before creation of the CRDP, military retirees were forbidden by law to receive both military retirement benefits and VA disability compensation. Parties seeking disability benefits were required to waive an equivalent portion of their military retired pay.

The CRDP program was structured to phase in the disability payments over a ten-year period. In 2013, eligible retirees will … Read More »

Open House For Free Immigration Consults

Posted on January 2nd, 2013, by Jennifer Varughese in Immigration Law. Comments Off on Open House For Free Immigration Consults

2013 is poised to be a significant year for immigrants in the United States. From deferred action for young immigrants to new rules for extreme hardship waivers, and from new policies regarding prosecutorial discretion to the possibility of comprehensive immigration reform, this is a critical time for immigrants.

In this environment, good legal counsel will be essential to obtaining any immigration benefit. In that light, on Thursday, January 17, 2013, the immigration department at Livesay & Myers, P.C. will be hosting its first Open House of the year. Free, 30-minute consultations will be given between the hours of 9:30 – 5 p.m. at our Manassas office located at 9408 Grant Avenue, Suite 402, Manassas, 20110. Though walk-in appointments will be accommodated on a case-by-case basis, interested individuals are strongly encouraged to schedule an appointment in advance by calling 571-208-1267.

The Power Of The Property Settlement Agreement

Posted on December 28th, 2012, by Livesay & Myers, P.C. in Divorce, Family Law. Comments Off on The Power Of The Property Settlement Agreement

Beginning the divorce process is chaotic, emotional, and often times overwhelming. Many people believe that coming to an agreement as fast as possible is the best resolution. People research online and find phrases such as “Property Settlement Agreements” or “Marital Settlement Agreements” and conclude that such a document will solve their problems.

In trying to reach such an agreement, many people take it upon themselves to negotiate and sign documents without the assistance of counsel. For many reasons signing any agreement or contract without having an attorney review it is a poor decision. You know your life and marriage better than anyone else, but unless you are a family law attorney it is unlikely that you know the potential ramifications and pitfalls of signing a Property Settlement Agreement.

Here is an example to illustrate the power of a Property Settlement Agreement. Assume … Read More »

Voting Or Registering To Vote By Non-Citizens

Posted on December 27th, 2012, by Jennifer Varughese in Immigration Law. 2 comments

As the dust has now largely settled on the recent Presidential election, we can put voting aside until the next State or Federal election. Regardless of whether your particular candidate won, I think we can all acknowledge that voting in America remains a truly safe and democratic process that is simply not present in some countries.

Gaining the right to vote is one of the most prized features of becoming a naturalized U.S. citizen. I have watched many clients describe, with great fervor, their excitement over voting for the very first time as an American citizen. It’s a particular type of fervor that reminds me to never take such a privilege for granted.

On the other hand, non-citizens who, purposefully or inadvertently, vote or simply register to vote in State or Federal elections can land themselves in some very hot water. Not only … Read More »

What Will Your Divorce Mean For Your Marital Home?

Posted on December 26th, 2012, by Livesay & Myers, P.C. in Divorce, Family Law. Comments Off on What Will Your Divorce Mean For Your Marital Home?

The division of marital property (property acquired during the marriage that is not separate property) can be a major hurdle in the divorce process. Examples of marital property include retirement funds, automobiles, furniture, and most notably, the marital home. The marital home is often a point of special contention. Parties fight over the marital home because they attach sentimental value to it, because they want to maintain stability for their children, and/or because of other financial considerations. For example, a party may want to hold on to the home because its current value is not necessarily indicative of its future value (assuming, as is often the case today, a bad housing market).

In the unlikely situation that your contested divorce goes all the way to an equitable distribution trial, Virginia Code Section 20-107.3 requires that the court consider a variety of … Read More »

The Call For Immigration Reform

Posted on December 11th, 2012, by Livesay & Myers, P.C. in Immigration Law. Comments Off on The Call For Immigration Reform

Immigration reform chatter began shortly after the Republican defeat in the recent Presidential election. While most wondered if the new call for reform would die down, talk has led to the House passage of a new immigration reform bill on November 30. Talk of immigration reform is bringing new hope to the estimated eleven to twelve million immigrants currently in the United States without legal status. The election caused the Republican Party to realize it needs a more positive policy stance toward immigrants in order to stay viable in future elections. As a result, immigration reform has become a priority among the Republican Party. Immigration reform only became a partisan divide within the past few years but the new shift caused a great push toward reform legislation. The big question has now changed from whether or not immigration reform will … Read More »

Can You Kidnap Your Own Kid?

Posted on December 7th, 2012, by Benjamin Carafiol in Custody, Family Law. 1 Comment

Is it possible for a parent to kidnap his or her own kid? People in general seem to understand that kidnapping or childnapping involves the “taking” of a child. However, the underlying presumption many make is that the “taking” is of someone else’s child. How could it ever be illegal for a parent to take custody of their own child?

Virginia law is clear: anyone, even parents, can be convicted of kidnapping their children. However, the consequences are much worse if the child is removed from the Commonwealth of Virginia.

Virginia Code Section 18.2-47 states that any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution … Read More »

Military Regulations and Family Support

Posted on December 5th, 2012, by Benjamin Carafiol in Family Law, Military Divorce. Comments Off on Military Regulations and Family Support

In any separation, divorce or custody dispute, a party might seek financial support. It may be a request for spousal support to get back on their feet. It may be a request for child support. Whatever the type of family support sought, there are two basic strategies for resolving the dispute: negotiating an agreement or litigating a case through the courts. If one party is a military servicemember, however, there may be alternate methods available to settle these issues.

Each service branch has regulations requiring servicemembers to support their families in the event of a separation. The service branch involved can have a great deal of impact when deciding to pursue support through the servicemember’s command. Some branches, like the Army, issue very specific regulations, spelling out the exact dollar amount they will provide, the length of time it will be … Read More »

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Fairfax Office
3975 University Drive #325
Fairfax, VA 22030
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9408 Grant Avenue #402
Manassas, VA 20110
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113 E Market St #110
Leesburg, VA 20176
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303 Charlotte Street
Fredericksburg, VA 22401