Getting a restraining order for harassment is not the slam dunk that you may think. Recently, New Jersey's Appellate Division canceled a restraining order that was previously issued against a woman who called a man a narcissist, a "dick," and threatened to circulate workplace bullying literature to the man's coworkers. In its opinion, the Appellate Division stated that New Jersey's Harassment Statute was never intended to protect against the "common stresses, shocks, and insu
Alimony "double-dipping" is prohibited. New Jersey's Appellate Division just ruled that a lower family trial court was wrong to attribute assets and earnings in a retirement account to a man, (assets that had already been equitably divided upon divorce), in calculating a new, reduced post-retirement alimony obligation. See Engelhardt v. Engelhardt. We assist countless families and can personally assist you with your matter as well. Send us an E-mail or call us at (888)354-625
Where New Jersey divorce law is concerned, even a "recovered alcoholic" mother can have a tough time trying to see her children. The New Jersey Appellate Division just upheld a lower trial court's hesitancy to allow a mother to commence reunification therapy with her 12-year old son where the mother had been sober for three years after having had a long history of alcoholism, and the father had been the primary parent for the child due to the prior alcoholism. See H.I. v. S.I
The U.S. Department of State (DHS) has released the guidelines under which Hong Kong residents can apply for employment authorization in the U.S. under Deferred Enforced Departure (DED).(Applicants must have been present in the U.S. since August 5, 2021).
Hong Kong residents can apply for employment authorization through February 5, 2023. Eligible Hong Kong residents may also apply for advance parole if they wish to temporarily leave the U.S. What is DED? Deferred Enforced D
Sometimes, a simple error can cause a restraining order to be voided by the higher court, whether it is failing to swear in Portuguese interpreters or adjudicating an inverse claim by the other spouse that should have been dealt with in the other county where it was initially filed. See decision in C.F.A. v. B.A.A. Divorce Process In New Jersey We assist countless families and can personally assist you with your matter as well. Send us an E-mail or call us at (888)354-6257.
President Biden will rescind the COVID-19 travel bans. From November 8, 2021, the U.S. will admit fully vaccinated foreign air travelers from Brazil, Britain, China, France, Germany, Greece, India, Iran, Ireland, Italy, South Africa, Spain, and Switzerland. Only vaccines approved by the FDA or listed for emergency use by the World Health Organization will be accepted. Travelers must also show proof of a recent negative COVID-19 test.
If you would like to discuss an immigrati
Consider kick-starting the Prevailing Wage filing process for the January 2022 H-2B filing deadline. As prevailing wage determinations may take up to six weeks to come back, it is imperative that prospective H-2B applicants begin the filing process now. Read more from the U.S. Department of Labor. USCIS generally releases 33,000 of the 66,000 visas available each year on April 1, with the other 33,000 being released on October 1. Employers with an April 1, 2022, start date ma
In New Jersey, men should think carefully before filing claims of domestic violence against their wives. In this Appellate Division case, neither the appellate division nor the lower family court believed a man's claims that he had been (i) harassed by his wife, (ii) confined inside his home by his wife and her sister, (iii) bitten on his arm six weeks earlier by his wife, and (iv) stabbed by his wife with a pair of scissors. It is not uncommon for men to end up defending aga
The Biden Administration is continuing the prior Administration's willful bottleneck on legal immigration to the U.S. According to Jorge Loweree, policy director for the American Immigration Council, "We've lost hundreds of thousands of visas that were meant for people to come here through the employment-based system or to join family members that, because of federal bureaucracy, were not processed in time, which is absolutely unjustifiable." We assist countless foreign natio
Marital Dissolution carries special complications for immigrants to the U.S., especially those who gained their U.S. permanent residence ("green cards") through marriage to a petitioning spouse (whether a U.S. citizen or U.S. permanent resident). While petitioning spouses in such marriages are often quick to claim that the immigrant spouse had deceptive motives in getting married, this New York Appellate Division opinion clearly shows that a trial court that orders an annulme
A guide to alimony in the state of New Jersey. What is alimony? Alimony payments are periodic, court-determined payments made by one former spouse to another under circumstances where the receiving spouse needs financial support from the other party. Alimony exists to allow former spouses to enjoy a similar lifestyle to when they were married and mitigate the financial hardships associated with divorce. [However, family courts are aware that inasmuch as spouses receive a fina
The golden rule of U.S. immigration is "maintain your status" (or, in the case of permanent residents, "maintain evidence of your immigration status"). An immigrant's permanent resident card ("green card" or Form I-551) does not grant them permanent resident status. Rather, it merely acts as evidence of their permanent resident status. Consequently, most often, there are no dire immigration consequences for possessing an expired green card. Unfortunately, this does not apply
In the last year, COVID-19 has forced many aspects of our lives onto the Internet. As a result, USCIS had to adapt its operations to facilitate the safe processing of U.S. immigration applications. As USCIS continues to expand its online services, it has increased the number of immigration applications that are eligible to be filed online with “My USCIS” (available at my.USCIS.gov). The online portal is a great avenue for users to file immigration applications (for which onli
The hunt for post-graduate employment is an incredibly time-sensitive endeavor for F-1 students. As such, we have created the following crash course to guide you through the process. Overview Students can work in the U.S. for up to three years (depending on their field of study) by seeking employment authorization from USCIS under the Optional Practical Training (OPT) program. While enrolled in OPT, the student's employer or another prospective employer may petition for the s
Many people dream of having the opportunity to live and work in the U.S. Unfortunately, obtaining this dream can be quite challenging. Employment visa applicants must contend with complicated application procedures, stringent eligibility requirements, and unforgiving government agencies. One of the most common types of employment visas is the H-1B visa for specialty occupations. This visa, at minimum, requires applicants to possess a bachelor's degree, license or certificatio
The H-1B season is winding down, with 43 days left in the H-1B petition filing period. If you are an immigration lawyer or employer preparing an H-1B petition (or the beneficiary of an H-1B petition), you may want to consider the following: 1. File your petition early! USCIS will not permit petitioners to submit applications outside of the 90-day filing period (April 1 to June 30, 2021). It is best to file early inasmuch as shipping delays can cause applications submitted at
Eligibility To Apply For H-1B One of the most common employment-based visas is the H-1B visa for specialty occupations. It is suitable for applicants competent in the theoretical and practical application of specialized knowledge in their field. At a minimum, they must possess a bachelor’s degree in their specialty from an accredited institution. Foreign degrees must be equivalent to similar U.S. qualifications. Alternatively, applicants may have an unrestricted state license
Una descripción general del proceso de divorcio en Nueva Jersey Etapa 1. El Inicio de la acción de divorcio: En Nueva Jersey, el proceso de divorcio generalmente comienza con la presentación de una "Acción de divorciode divorcio". La Acción debe demostrar que el Tribunal tiene la autoridad o "jurisdicción" para conceder un Fallo de divorcio al Demandante. Esta "prueba de jurisdicción" debe hacerse independientemente de si la acción es por un "divorcio absoluto" (es decir, un
¿Por qué contratar a un abogado de inmigración cuando los formularios de USCIS son gratuitos y parecen fáciles de responder? Existe una desafortunada idea errónea de que los abogados de inmigración se limitan a rellenar los formularios del gobierno y a presentarlos en representción de ciudadanos extranjeros que necesitan obtener beneficios migratorios del gobierno de los Estados Unidos. Además, muchas personas aconsejan inapropiadamente a sus amigos que completen los formular
After having held a telephone hearing for a current case, Sanchez v. Mayorkas, the U.S. Supreme Court appears poised to support the Administration's position on a pivotal issue concerning Temporary Protected Status (TPS). Specifically, the Supreme Court may soon rule that TPS holders who entered the U.S. illegally are not eligible to Adjust Status (i.e. become legal permanent residents). This is in accordance with a law that was enacted in 1990. In order to Adjust Status, an