The Livesay & Myers Blog


Visa Bulletin for December 2010

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

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 »


Establishing Date Of Separation In A Virginia Divorce

Posted on November 1st, 2010, by Matthew Smith in Divorce, Family Law. Comments Off

Unfortunately, many people reach a point of no return in their marital relationship. Perhaps a spouse has been unfaithful or abusive, or maybe two people have simply drifted apart over time. Whatever the reason, you’ve made the decision that you need to turn the page and move on with your life. One of the first steps in the divorce process is the establishment of a date of separation. But why is it important, and how can you ensure that you’ve done it correctly?

A separation date may be crucial to your divorce case for a number of reasons. First, if you don’t have a fault basis for your complaint (adultery, cruelty, desertion, constructive desertion, etc.), then your separation date will determine when you can file for divorce. In Virginia, you must wait one year to file if you have children and/or … Read More »


My Spouse Is Filing For Bankruptcy… Help!

Posted on October 15th, 2010, by Benjamin Carafiol in Divorce, Family Law. Comments Off

You and your spouse have decided to separate. You have decided who will move out and even who will have custody of your children. Inevitably, the discussion will turn to support, both child and spousal. How much is enough? Why should he get spousal support if I have the kids? Why should I pay at all? In some of these discussions, one party throws out the dreaded “B-word”—bankruptcy.

Bankruptcy is more than what you declare when you lose at Monopoly or what takes all your money on “Wheel of Fortune.” Bankruptcy is the government’s way of allowing people to get rid of their debt and have a chance at a fresh start. But what effect does bankruptcy have on a person’s support obligations? Consider the following three situations.

Situation One: Rick and Kate are discussing their Property Settlement Agreement, and have decided … Read More »


Visa Bulletin for November 2010

Posted on October 10th, 2010, by James Livesay in Immigration Law. Comments Off

The Visa Bulletin for November 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 November 2010 Visa Bulletin showed advancements in several categories.

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 advanced in this category by one month, to April 1, 1997, while Mexico advanced one week to December 22, 1992.

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

The Family 2B category saw Worldwide, India and China cutoff dates progressed by two months, to June 1, 2005. The Philippines and Mexico, however, are stalled in … Read More »


Record Number Of Deportations For Previous Fiscal Year

Posted on October 8th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

In a record breaking year for the Department of Homeland Security (DHS), 392,862 individuals were deported from the United States over the last fiscal year. Of that number, 195,772 were convicted criminals. In the previous fiscal year, about 389,000 individuals were deported.

In particular, the increase in criminal deportations stemmed from the DHS “Secure Communities” program, which allows local law enforcement to check the immigration status of each individual booked into jail. Locally speaking, Prince William County is part of the Secure Communities program whereas Arlington County voted, on September 28, 2010, to withdraw itself from the program.

Immigration issues are front and center in key midterm elections across the country. The growing number of local jurisdictions attempting to take immigration issues into their own hands demonstrates the growing frustration over a broken federal immigration system. Results of the November elections will … Read More »


Steep Immigration-Related Fine for Popular Retailer

Posted on September 30th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Over the past few years, U.S. Immigration and Customs Enforcement (ICE) has increased its audits of U.S. companies. The latest high profile case involves popular clothing retailer, Abercrombie & Fitch. Yesterday, in a settlement, A&F agreed to a $1.9 million fine for technology-related deficiencies in its electronic employment-status verification system. ICE found no instances of A&F hiring undocumented workers, but there were issues with methods used to confirm compliance with immigration laws. The entire investigation shows the importance of proper I-9 documentation for current and new employees at U.S. companies.

If your company requires legal assistance with I-9 documentation for your employees, 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.


Update – Proposed Change To Automated System For Deportation Case Info

Posted on September 22nd, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Previously we reported a proposed change to the system for obtaining immigration court information by calling an automated telephone number, 1-800-898-7180.

By calling that number and entering in one’s 9-digit alien or “A” number, information can be found such as hearing dates and case history with the immigration court.

Citing security concerns, the government proposed a change to the automated system, whereby callers would be required to also enter in the date on their charging document, referred to as a Notice to Appear (NTA).

Now, the government has announced that the proposed change will no longer be going into effect.

Responding to the outcry from private practitioners who feared that they would not be able to access court information for clients in deportation proceedings, the Executive Office for Immigration Review (EOIR) decided to keep the current system in place.

Thus, the automated system will continue to require … Read More »


Virginia Governor Bars Immigration Work Permits As Proof of Legal Status

Posted on September 8th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

In a major decision by current Governor Bob McDonnell, Virginia DMVs will no longer accept USCIS-issued work permits (also referred to as employment authorization cards) as proof of legal status necessary for a driver’s license or license renewal.

For scores of Virginia residents with Temporary Protected Status (TPS), asylee status, pending green card cases, etc., the work permit is often the only proof that one is in the United States legally. Therefore, the Governor’s action has been met with both confusion and frustration on the part of many lawful Virginia residents. On the other side of the debate, proponents of the new measure cite the ability of criminally-charged foreign nationals to obtain work permits as proof that it should not be the basis of one’s ability to obtain a driver’s license. Regardless, the fact remains that this new measure will negatively … Read More »


Advice For Virginia Landlords: Don’t Go It Alone!

Posted on September 2nd, 2010, by Benjamin Griffitts in Uncategorized. 1 Comment

There are not many better examples of America’s do-it-yourself attitude than the notion of owning and managing a residential rental property. The housing boom of the first-half of the last decade led to many average Americans seeing “gold in them thar hills”: the magical land of rental income. Even in prosperous economic times, being a residential landlord be financially risky, to say nothing of trying to maintain a steady stream of tenants in rough times. Since the theory behind owning a rental property is extra income and not the great joy of housing others, single property residential landlords understandably attempt to save on costs wherever possible: through do-it-yourself advertising, do-it-yourself leases, do-it-yourself repairs, even do-it-yourself evictions. Landlords often find themselves spending more (or more commonly—losing more) money than they ever thought they would in the name of cost-savings. Why does … Read More »


Reckless Driving Charges In Virginia Must Be Taken Seriously

Posted on August 25th, 2010, by Benjamin Griffitts in Criminal Defense. Comments Off

Imagine for a moment: you’re planning that long-awaited summer vacation. You’re headed south to Orlando or the Outer Banks. Maybe you’re heading north to New York or Boston. You make all your preparations, and your final task is getting directions. You go to Google Maps, Mapquest or use your AAA triptik. Your trip requires you to travel on I-95 through Virginia. Your vacation begins, and you finally head out the door for that week of relaxation. You enter Virginia, and your mind is on everything but the speed limit. You keep up with the flow of traffic because you have no idea what the actual speed limit is. And before your vacation even starts, you’re being stopped by law enforcement and issued a citation for speeding. Except that many times, its not speeding you’re charged with. Rather its Reckless Driving. … Read More »




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