The Livesay & Myers Blog

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 »

USCIS Implements H-1B and L-1 Fee Increase

Posted on August 20th, 2010, by James Livesay in Immigration Law. Comments Off

On August 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after August 14, 2010, and will remain in effect through September 30, 2014.

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or 
To obtain authorization for an alien having … Read More »

Proposed Change To Automated System For Deportation Case Info

Posted on August 18th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Individuals in removal (deportation) proceedings are able to obtain 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 the day/time of one’s removal hearing, the assigned immigration court and immigration judge, any past removal orders entered, and any pending appeals before the Board of Immigration Appeals (BIA).

Citing security concerns, the government is proposing 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).

Such an additional requirement may prove problematic for attorneys and family members who have a loved one in immigration custody. It can be difficult for third parties to obtain a copy of the NTA and, thus, concerned parties may … Read More »

USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS

Posted on August 16th, 2010, by James Livesay in Immigration Law. Comments Off

U.S. Citizenship and Immigration Services (USCIS) is reminding nationals of El Salvador (and persons without nationality who last habitually resided in El Salvador), who have Temporary Protected Status (TPS), to file their re-registration applications for TPS before the end of the re-registration period on September 7, 2010.

The 18-month extension of TPS for El Salvador will remain in effect through March 9, 2012. Individuals who have received TPS previously must re-register for the 18-month extension during the re-registration period. Failure to file a TPS re-registration application during the re-registration period, without good cause, will result in withdrawal of TPS benefits, including employment authorization and protection from removal from the United States.

To re-register, all TPS beneficiaries must file both the Application for Temporary Protected Status, Form I-821, and the Application for Employment Authorization, Form I-765, with the correct fees or a properly … Read More »

Proposed Immigration Fee Changes

Posted on July 28th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Changes are coming to the fees charged by the nation’s adjudicator of immigration benefits, U.S. Citizenship and Immigration Services (USCIS). Under the new proposed fee schedule, filing fees for most applications will rise an average of 10%. Notable increases include:

Form I-130 (family petition) – increase from $355 to $420
Form I-485 (green card application) – increase from $930 to $985
Form I-765 (work authorization application) – increase from $340 to $380
Form I-751 (removal of conditions on green card application) – increase from $465 to $505

The filing fee for the naturalization application, Form N-400, will remain at $675.

Filing fees for 3 notable applications are actually decreasing: 1) petitions for fiance visa ($455 to $340), 2) applications to extend/change nonimmigrant status ($300 to $290) and 3) applications for replacement naturalization certificate ($380 to $345).

A 45-day comment period on the proposed changes ended on July … Read More »

Temporary Protected Status For Nationals of El Salvador and Haiti

Posted on July 28th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Temporary Protected Status (TPS) has been extended for nationals of El Salvador until March 9, 2012. Current TPS holders can re-register for benefits until September 7, 2010. If you are a national of El Salvador who did not register during the initial registration period in 2001, you may still be eligible for late registration if you meet the following criteria:

You have lived in the United States since February 13, 2001 AND, since 2001:
were in a valid nonimmigrant status, or had been granted voluntary departure, or any relief during deportation proceedings;
had a pending application for change of status, adjustment of status (green card), asylum, voluntary departure, or any other relief during deportation proceedings that you were able to appeal the denial of;
were a parolee or had a pending request for re-parole; OR
you were the spouse or child of an alien currently … Read More »

Paying for Private Education with Child Support

Posted on July 26th, 2010, by James Livesay in Family Law. Comments Off

Is there anything you can do when you want your child to have a private education, but your ex doesn’t want to help pay the bill? It depends.

This is how child support works in Virginia: there is a presumptive amount of child support that is due to the primary custodial parent that is calculated using the gross incomes of the two parents. This presumptive amount of child support can be rebutted upon findings of fact, as required by Virginia Code Section 20-108.1(B), that justify a deviation from the guidelines.

Will a court deviate from the guidelines– order more child support than stated in the guidelines– to allow the custodial parent to send the child to private school? To answer this question, the Virginia Appellate Court has written that “a parent may be required to pay for private education expenses, even though … Read More »

Immigration Benefits Available To Guatemalans After Tropical Storm Agatha

Posted on June 14th, 2010, by James Livesay in Immigration Law. Comments Off

In the wake of Tropical Storm Agatha, several forms of temporary immigration relief are available to eligible Guatemalan nationals upon request to U.S. Citizenship and Immigration Services (USCIS).

Temporary relief measures available to eligible nationals of Guatemala include:

The grant of an application for change or extension of nonimmigrant status on behalf of a Guatemalan national who is currently in the United States, even in cases where the request is submitted after the individual’s authorized period of admission has expired; 
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole, expedited processing of advance parole requests;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization due to severe economic hardship for F-1 students;
Expedited processing of immigrant petitions for immediate relative(s) of U.S. citizens and lawful permanent residents (LPRs);
Expedited issuance of employment authorization where appropriate; and
Assistance to LPRs stranded … Read More »

Uncontested Divorce The Cheap and Quick Way

Posted on May 9th, 2010, by James Livesay in Divorce, Family Law. Comments Off

For years, the divorce attorneys at Livesay & Myers, P.C. have secured cheap, quick uncontested divorces for clients in Fairfax, Alexandria, Arlington, Manassas, Woodbridge, Stafford, Fredericksburg and all across Northern Virginia. Virginia law allows for an uncontested divorce on the no-fault grounds of (1) separation for at least twelve months, or (2) separation for at least six months, with a separation agreement and no minor children. If you meet one of these grounds, have no outstanding custody, support, property or other issues to be resolved, and your spouse will cooperate fully, we can process your uncontested divorce quickly, with no court appearance, for a low flat fee.

How Does It Work?

Central to our ability to process no-fault divorces quickly and cheaply is this simple fact: Virginia law allows us to file an uncontested, no-fault divorce in any jurisdiction in Virginia, so long as both parties agree. This … Read More »

Our Locations
Fairfax Office
3975 University Drive #325
Fairfax, VA 22030
Manassas Office
9408 Grant Avenue #402
Manassas, VA 20110
Leesburg Office
Livesay & Myers, P.C.
602 S King St #300
Leesburg, VA 20176
Fredericksburg Office
308 Wolfe Street
Fredericksburg, VA 22401