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

Blog Posts in October, 2014

  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • Wrongful Death: Recovering Damages for the Loss of a Relative

    WRONGFUL DEATH: RECOVERING DAMAGES FOR THE LOSS OF A RELATIVE Under Code of Civil Procedure Sec. 377.60 et seq., heirs of a decedent may recover present and future benefits lost due to a relative’s death that was caused by another. Recovery may be obtained against the wrongdoer in a wrongful death action. Losses that are recoverable include 1) the present value of future contributions, 2) the ...
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  • What to do with Conditional Greencard Status in Troubled Marriages

    WHAT TO DO WITH CONDITIONAL GREENCARD STATUS IN TROUBLED MARRIAGES Marriage for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack permanent residency in the United States and have married a United States citizen, marriage also presents an opportunity to obtain permanent ...
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  • What is My Liability for Debts Incurred by My Spouse?

    WHAT IS MY LIABILITY FOR DEBTS INCURRED BY MY SPOUSE? Couples have different spending habits and different philosophy in handling marital finances. Some spouses are conservative in managing their finances and stick with a budget while other spouses do not even set budgets. What is your exposure if your spouse is a shop-a-holic and runs though his/her credit card like there is no tomorrow? What if ...
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  • What Immigration Benefits are Available to Same Sex Marriages Post Doma?

    WHAT IMMIGRATION BENEFITS ARE AVAILABLE TO SAME SEX MARRIAGES POST DOMA? On June 26, 2013, the US Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional in the landmark case US. V. Windsor . The BIA shortly thereafter issued a decision in Matter of Zeleniak holding that DOMA is no longer an impediment in recognizing same-sex couples under the immigration and ...
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  • The E Visa Classification as an Immigration Option for the Business Savvy Immigrant

    THE E VISA CLASSIFICATION AS AN IMMIGRATION OPTION FOR THE BUSINESS SAVY IMMIGRANT For most professional immigrants that seek long term immigration status in the US, the key to success is finding an employer that would Petition them for an H-1b visa. The problem recently though is the reduction in the visa numbers for this classification that makes this visa unavailable most of the year after the ...
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  • Tax Consequences of Divorce on Non Custodian Parents

    TAX CONSEQUENCES OF DIVORCE ON NON CUSTODIAN PARENTS Consider the common divorce scenario where the divorce judgment provides primary custody of the children to one spouse while the other spouse only gets visitation. The parties begin to file separate tax returns. What are the tax consequences of the non custodial parents with regards to claiming the children in his or her return? A non custodial ...
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  • Strict Liability: Responsibility Without Fault

    STRICT LIABILITY: RESPONSIBILITY WITHOUT FAULT It is a widely accepted notion that a person who has acted wrongfully is responsible for adverse consequences resulting therefrom. However, under strict liability, legal responsibility may be imposed on one who has acted even without fault. Even in the absence of negligence or fault, one may be held responsible for adverse consequences of his actions ...
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  • Revised Procedures for Employment Based Adjustments

    REVISED PROCEDURES FOR EMPLOYMENT BASED ADJUSTMENTS The USCIS announced that beginning immediately, it will accept employment based applications to adjust status (I-485) filed by aliens whose priority dates are current under the July Visa Bulletin No. 107. These applications however must be filed no later than August 17, 2007. There was a lot of confusion previous to this announcement when the ...
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  • Requirements for Schedule A Petitions filed after March 28, 2005

    Requirements for Schedule A Petitions filed after March 28, 2005 Schedule A Petitions cover occupations such as Registered Nurses and Physical Therapist, and aliens of exceptional ability in the sciences or arts . These occupations are pre-certified occupations as codified in 20 CFR 656.10 and 20 CFR 656.22 for which the Secretary of the Department of Labor previously has determined that there are ...
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  • Reopening Deportation Proceedings and Rescinding Deportation Orders

    REOPENING DEPORTATION PROCEEDINGS AND RESCINDING DEPORTATION ORDERS Under Title 8 of the Code of Federal Regulations (CFR) Sec. 245.2(a), if an alien is in deportation or removal proceedings, his application for adjustment to lawful permanent residence status can only be made and considered in those proceedings. For those persons who have had a deportation order entered against them in absentia ...
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  • Reinstating a Deceased Petitioner's Family Based Petition

    REINSTATING A DECEASED PETITIONER’S FAMILY BASED PETITION It is very common for beneficiaries of family based petition to wait many years before their petition’s priority date becomes current. This is usually the case with US Citizen parent petitions to adult son or daughter. This is also common among petition’s between Siblings. What happens when the Petitioner dies? Are all those years of ...
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  • Recovering for Injuries Caused by an Uninsured Motorist

    RECOVERING FOR INJURIES CAUSED BY AN UNINSURED MOTORIST Everyday in Los Angeles, many persons become involved in automobile accidents with motorists who have no liability insurance. The person is without fault in causing the accident, and is faced with seeking recovery for injuries against a person who is uninsured. A person in such a scenario has several options. He can seek to recover against ...
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  • Putative Spouse Status as a Defense to a Petition for Nullity of Marriage

    Putative Spouse Status as a Defense to a Petition for Nullity of Marriage All property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in which the marriage may be held to be null and void. These situations include, but are not limited to entering into a ...
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  • Products Liability: Liability for Injury Caused by Defective Product

    PRODUCTS LIABILITY: LIABILITY FOR INJURY CAUSED BY DEFECTIVE PRODUCT Every year, many persons suffer injury resulting from dangerous and defective products. The area of law that deals with liability for injuries caused by defects in such products is called “products liability.” The following is an overview of products liability. Under products liability, anyone in a product’s chain of distribution ...
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  • Prior Marriage Must be "Bona Fide" in Order to be Used for INA §245(i) Purposes

    Prior Marriage must be “Bona Fide” in order to be used for INA §245(i) purposes Many aliens that are out of status, but are otherwise eligible to obtain a greencard through a family based or employment based petition, are barred from doing so unless they are grandfathered by INA Section 245(i). To be grandfathered by INA section 245(i), one of the requirements is that you are a beneficiary of a ...
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  • Parent's Right to Change Child's Residence to Another State in Custody Cases

    PARENT’S RIGHT TO CHANGE CHILD’S RESIDENCE TO ANOTHER STATE IN CUSTODY CASES Parents that are going through divorce and legal separation sometimes have to make a decision to move out of state for various reasons. It may be because their family network is in another state. This decision often have a significant impact on the visitation of the other parent because it would be more difficult for the ...
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  • Outbreak of E. Coli Infections from Spinach: Recovery Under Products Liability

    OUTBREAK OF E. COLI INFECTIONS FROM SPINACH: RECOVERY UNDER PRODUCTS LIABILITY In recent weeks, the E. coli outbreak linked to spinach has made national headlines. Since the outbreak of E. coli infections suspected to have been caused by contaminated spinach, 173 people have become sick and 1 person has died. Reflecting the severity of the outbreak, the Centers for Disease Control and Prevention ...
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