Kenneth U. Reyes, P.C Legal Blog Know Your Rights & Legal Options

Blog Posts in 2014

  • Executive Action Expanding Immigration Benefits

    EXECUTIVE ACTION EXPANDING IMMIGRATION BENEFITS On November 20, 2014, President Obama announced a series of executive actions that would benefit certain classes of aliens. In the coming months, USCIS will come up with guidance in implementing these policies. DACA Expanded Deferred Acton for Childhood Arrivvals (DACA) has been expanded to include individuals born prior to June 15, 1981 provided ...
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  • Can a Conditional Greencard Holder File an Immigrant Petition?

    CAN A CONDITIONAL GREENCARD HOLDER FILE AN IMMIGRANT PETITION? Beneficiary spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a 2 year conditional green card. In order for these immigrants to obtain their permanent green card, the immigrant has to either file a joint petition to remove the ...
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  • How Important is it to have a living trust?

    How Important is it to have a living trust? Thinking about one's demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. It is just a matter of whether you depart this world prepared or unprepared. If you pass away with at least $150,000 in gross assets and you do not have a living trust (even if you have a will), your ...
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  • How to obtain Custody and Visitation Rights for Unmarried Dads

    How to obtain Custody and Visitation Rights for Unmarried Dads Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving ...
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  • I Want Out! Dissolution or Legal Separation?

    I WANT OUT! DISSOLUTION OR LEGAL SEPARATION? When the marital relationship sours to the point where one or both spouses believe that the marriage cannot be salvaged, three remedies are available to terminate or alter the marital status: dissolution, nullity, and legal separation. Under Family Code Sec. 2300, dissolution of marriage can be attained and the “single” status of spouses restored by 1) ...
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  • Permanent Residency through Marriage to U.S. Citizen Spouse

    Permanent Residency through Marriage to U.S. Citizen Spouse The economic crisis of the past few years and changes in immigration legislation has made it more difficult to pursue certain traditional paths to obtaining permanent residency in the United States. Employment based immigration has been affected by long wait time in priority under the EB3 category. H1-b visas has been affected by the visa ...
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  • Relief for Widows of Deceased Petitioner

    Relief for Widows of Deceased Petitioner Since 1938, US immigration regulations have provided for the automatic revocation of the approved visa petition upon the death of the Petitioner. However, immigration regulations since 2006 provided that automatic revocation provisions does not apply to a spousal immediate relative petition if the deceased petitioner and the alien widower had been married ...
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  • The Presumption of "Undue Influence" in Transactions Between Spouses During the Marriage

    THE PRESUMPTION OF "UNDUE INFLUENCE" IN TRANSACTIONS BETWEEN SPOUSES DURING THE MARRIAGE California law on the nature of spouses' rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good faith” standards to heightened “confidential duty” and “fiduciary duty’ standards. Under current law, the duties owed ...
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  • Waiver of Joint Petition to Remove Conditional Permanent Residency on a Marriage Entered Less than Two Years

    Waiver of Joint Petition to Remove Conditional Permanent Residency on a Marriage entered less than two years The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show ...
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  • Automatic Temporary Restraining Orders that are in Effect Upon Commencement of Divorce

    AUTOMATIC TEMPORARY RESTRAINING ORDERS THAT ARE IN EFFECT UPON COMMENCEMENT OF DIVORCE It is typical, if not natural, for Parties to a divorce case to start hiding assets and income from each other as soon as divorce is anticipated. Spouse's are thinking ahead of the game on how they can outsmart the other spouse so that they end up with the larger portion of the pie. This is a common reaction by ...
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  • Bifurcation and Status Only Divorce

    BIFURCATION AND STATUS ONLY DIVORCE The decision to terminate one’s marriage typically brings to the forefront many issues all at once. Issues pertaining to property, support, and child custody need to be addressed in a divorce proceeding. In a long term marriage especially, these issues are often heavily litigated between the spouses, and can take a significant amount of time to resolve. ...
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  • Breach of Fiduciary Duty in the Management and Control of Community Property After Separation

    BREACH OF FIDUCIARY DUTY IN THE MANAGEMENT AND CONTROL OF COMMUNITY PROPERTY AFTER SEPARATION The duties owed between spouses in the management and control of community property are the same with regard to those in a fiduciary relationship. The marital entity is one with the greatest degree of confidence. This confidential relationship imposes a duty of the highest good faith and fair dealing on ...
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  • California Court's Power to make Divorce Orders When One Spouse Does Not Live in California.

    California Court’s Power to make Divorce Orders When One Spouse Does Not Live in California This is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to ...
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  • Can I Renew an Existing Domestic Violence Restraining Order?

    Can I Renew an Existing Domestic Violence Restraining Order? The family court's could grant initial restraining orders, protecting victims of domestic violence, for a period of up to 5 years under family code §6345(a). This includes personal conduct orders, stay-away orders, and residence exclusion orders. What happens if your initial restraining order is about to expire and you continue to have ...
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  • Characterization of Gifts and Bequest during Marriage in Divorce Cases

    Characterization of Gifts and Bequest during Marriage in Divorce Cases Generally, property acquired during the marriage are considered community property. However, property acquired by “gift, bequest, devise, or descent” are the acquiring spouse’s separate property. The issue becomes more complicated when a gift is given under the name of both spouses. In that situation, the community property ...
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