Law Offices of Davis M. TylerLaw Offices of Davis M. Tyler2024-03-13T13:03:55Zhttps://www.davistylerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1601218/2020/10/cropped-DMT_FAV-32x32.pngOn Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472722024-03-13T13:03:55Z2024-03-13T13:03:55Zfamily-based immigration is a good way to get started with this process.
Categories of family-based immigration
There are two primary categories of family-based immigrant visas: immediate relatives and family preference categories. Immediate relatives of U.S. citizens include spouses, unmarried children under the age of 21 and parents of U.S. citizens who are 21 years of age or older. There is no cap on the number of visas available annually for immediate relatives, which typically allows quicker processing times.
The family preference categories are for specific, more distant family relationships with U.S. citizens and some specified relationships with LPRs. These categories include:
First preference (F1): Unmarried sons and daughters, and their children, of U.S. citizens
Second preference (F2): Spouses, minor children and unmarried adult sons and daughters of LPRs
Third preference (F3): Married sons and daughters, as well as their spouse and minor children, of U.S. citizens
Fourth preference (F4): Brothers and sisters (and their spouse and minor children of U.S. citizens) if the U.S. citizen is at least 21 years old.
Who can sponsor a relative?
U.S. citizens and lawful permanent residents play a crucial role in the family-based immigration process by acting as sponsors for their relatives. To sponsor a relative, the U.S. citizen or LPR must:
Demonstrate the ability to support the relative at 125% above the mandated poverty line
Be at least 18 years old
Reside in the United States or a U.S. territory
The process for bringing family members to the U.S. is complex. Sponsors and potential immigrants should ensure they fully understand he process.
Understanding family-based immigration is essential for U.S. citizens and LPRs who wish to sponsor relatives. Despite the complexities and waiting times involved, this pathway remains vital for promoting family unity and allowing loved ones to start a new chapter together in the United States.]]>On Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472712024-03-07T17:19:36Z2024-03-07T17:19:36ZIncreased or new financial stress
A DUI conviction might as well be another term for financial burden, with associated expenses in the thousands of dollars, due to:
Court costs and fines
License reinstatement fees
Ignition interlock device installation and monitoring
Mandatory alcohol and drug education programs
Further, your auto insurance premiums may skyrocket, putting additional strain on the family finances. Further, you could lose your driving privileges, which could put your income at risk.
Strained intimate relationships
Whether a first-time arrest or a recurring problem, your DWI could create tension in your intimate relationships. A conviction can exacerbate existing issues or result in new ones between you and your spouse or partner.
Children can suffer ill effects
Kids are vulnerable to the consequences and aftermath of a parent's DUI. Older children often feel embarrassed and angry, especially if their peers know what happened. Younger kids may struggle to understand why the family dynamics have suddenly changed.
Immigrants face extra risk
For immigrants, a DUI conviction could cause the effects above, plus jeopardize their visa status or their path to citizenship. Dedicated representation ensures you understand your unique risks and explore potential defense options.
A DUI charge doesn’t have to lead to a conviction. Exploring your options can significantly improve your circumstances if you believe the police violated your rights or mishandled the arrest process. Seek legal guidance to safeguard your rights and review potential defense strategies.]]>On Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472682024-02-20T19:53:37Z2024-02-20T19:53:37ZThere are many myths about alcohol. As a result, many people will violate laws, such as traffic laws because they are misinformed about how alcohol can affect them.
As an immigrant, a DUI charge could seriously affect your chances of reaching naturalization. It may be best to learn about several common DUI myths so that you don’t suffer life-changing penalties:
Myth 1: Coffee is a quick way to get sober
Truth: It’s commonly believed that coffee has the ability to make people sober. While coffee can make people more alert, it doesn’t remove alcohol from the body. A driver may still drive erratically and test high during a blood alcohol content (BAC) chemical test.
Myth 2: You’ll be sober in the morning
Truth: The best way to remove alcohol from the body is by waiting for the body to metabolize the alcohol, which often means going to sleep and letting time pass. However, people may still wake up and have alcohol in their body. If pulled over by the police and tested, their BAC level can still be too high.
Myth 3: It’s fine to drink low-alcohol drinks before driving
Truth: While drinking low-alcohol drinks may not cause someone’s BAC level to go too high, it doesn’t mean they are still safe to drive. Alcohol affects everyone differently. A driver may still violate traffic laws even if they don’t drink a lot.
Myth 4: You can use breath mints to hide the smell of alcohol
Truth: Breath tests are common ways to evaluate a driver's BAC levels. It works simply by having a driver blow into a device. People may try hiding the smell of alcohol by using breath mints, gum or mouthwash. But, many of these products contain some alcohol and can raise a driver’s BAC levels.If you’re facing criminal charges for drunk driving, then you may need to reach out for legal help to protect your immigration status.
]]>On Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472642024-02-13T01:48:46Z2024-02-13T01:48:46Zgood moral character means an individual's history reflects traits and behaviors aligning with a community's moral standards. Typically, there’s a five-year period preceding the application during which good moral character must be shown.
Factors affecting good moral character determination
Several factors can negatively impact the determination of good moral character. These include criminal convictions, lying to obtain immigration benefits, failure to pay child support and habitual drunkenness.
Some offenses, such as murder or aggravated felony convictions, permanently bar an individual from establishing good moral character. Other offenses may only affect the determination if they occurred within the statutory period for which good moral character must be proven.
Immigration authorities consider legal violations and an individual's adherence to moral norms and obligations. This includes participating in community service, paying taxes and supporting dependents.
Good moral character assessment isn’t limited to criminal activity or legal issues. It encompasses an individual's overall character and actions as they relate to the moral expectations of society.
Steps to demonstrate good moral character
Applicants can demonstrate good moral character in several ways. Providing evidence of a clean criminal record, testimonials from community members or leaders and records of participation in community or volunteer activities can all support an individual's case. Compliance with all U.S. laws, including tax laws and child support obligations, is essential for proving good moral character.
When an applicant has a past incident that may negatively impact their assessment, disclosing these incidents upfront and providing context or evidence of rehabilitation can be beneficial. U.S. Citizenship and Immigration Services (USCIS) considers all the circumstances surrounding an individual's life when deciding.
The immigration process can be very complicated for anyone who has blemishes on their record. Seeking legal assistance throughout the application process may be beneficial so an applicant can learn how to present their side of the matter in a way that may boost their chances for a successful application.]]>On Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472632024-02-06T01:19:12Z2024-02-06T01:19:12ZAfter they become adults
For someone to sponsor their parents for immigration opportunities, they typically need to be a legal adult themselves. Minor children with parents living in another country usually have to wait until they become adults to help their parents enter the country.
When they secure citizenship
An adult child with a work visa cannot bring their parents to the United States using that visa. Permanent residents typically do not have any way to support their parents either. Only citizens of the United States can bring their parents to lawfully live in the country with a green card. Those who qualify, however, could potentially help their parents become permanent residents. In some cases, the desire to reconnect with parents might help people see the value of naturalizing and becoming American citizens.
Learning more about different immigration rules, and seeking legal guidance accordingly, may benefit those with loved ones still living in another country.]]>On Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472622024-01-24T01:55:13Z2024-01-24T01:55:13ZThe marriage must last at least two years
Those who secure green cards through marriage or who enter the country with a K-1 fiance visa do not have the same protections as other permanent residents. A standard green card is valid for 10 years and can lead to indefinite authorization to remain in the United States. People can change jobs or alter their family circumstances without any concerns.
When a green card is obtained through marriage the immigrant must apply to remove the conditional status on their initial card to secure a standard green card. To do so, they typically need to remain married for at least two years after entering the country. They must also file appropriate paperwork before their conditional green card expires.
Provided that someone meets the marriage requirements attached to a conditional green card, they can become a permanent resident whose marriage no longer has any bearing on their right to remain in the country. Learning about the restrictions on conditional green cards may benefit those who enter the country because of a marital relationship.]]>On Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472612024-01-11T18:18:20Z2024-01-11T18:18:20ZEligibility for asylum
To be eligible for asylum, an individual must demonstrate a well-founded fear of persecution in their home country. This fear must be based on one of the five grounds mentioned: race, religion, nationality, membership in a particular social group or political opinion. Documentation and credible testimony are vital in proving these claims.
The application process
The process begins with filing Form I-589, Application for Asylum and for Withholding of Removal, within one year of arriving in the U.S. This timeline is strict, and failure to apply within this period may result in the denial of the application. The detailed form requires comprehensive information about the applicant's background, family and reasons for seeking asylum.
Interview and decision
After applying, the applicant will be called for an interview with an asylum officer. This interview is a critical part of the process, where the applicant presents their case and answers questions about their application. The asylum officer typically decides on the application based on the interview and the submitted evidence.
Benefits of being granted asylum
Being granted asylum offers several benefits. Asylees can stay in the U.S. indefinitely and apply for a green card one year after receiving asylum. Asylees can also obtain work authorization, travel outside the U.S. and petition to bring family members to the United States.
Considerations for denial and appeal
If asylum is denied, applicants have the right to appeal. An immigration judge will review the case in a hearing, and if denied again, further appeals can be made to the Board of Immigration Appeals and, in some cases, to federal courts. It's important to understand that a denial can result in deportation or removal from the U.S.
With so much at stake, those pursuing asylum can generally benefit from seeking legal guidance and support along the way.]]>On Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472602024-01-09T20:16:00Z2024-01-09T20:16:00ZContrary to common belief, victims of domestic violence don’t have the authority to drop charges once they are filed. This decision rests solely with the prosecutor or the court.
Defendants in these cases shouldn’t ever think that making up with the alleged victim or trying to force them to drop charges will help anything.
The prosecutor's role in domestic violence cases
Once a domestic violence incident is reported and charges are filed, the case transitions from a private matter to one of public interest. This shift means the prosecutor's office takes over. The prosecutor is responsible for assessing the evidence impartially and deciding whether to pursue or drop charges. Prosecutors often proceed with cases even if the victim is reluctant to testify.
The victim's influence on the case
Although the victim can’t directly dismiss charges, their willingness to cooperate can impact the proceedings. If a victim chooses not to testify or is unresponsive, it can pose challenges for the prosecution, but this doesn’t automatically lead to dropped charges. Prosecutors may rely on other forms of evidence, such as medical records, police reports and eyewitness testimonies.
Importance of legal representation for defendants
Relying on the victim to drop charges isn’t a viable defense strategy. Defense strategies in domestic violence may include challenging the validity of the evidence, presenting counter-narratives or negotiating plea deals. Alternative resolutions like counseling or rehabilitation programs may be proposed in certain situations, particularly in less severe cases. Domestic violence charges can have far-reaching effects on one's personal and professional life. A conviction may result in legal consequences like fines or imprisonment. It can also impact child custody arrangements, employment opportunities and social relationships. Given these potential consequences, a proactive and informed approach to defense is essential.]]>On Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472592023-12-29T15:05:49Z2023-12-29T15:05:49ZExamples of marriage fraud
One prevalent form of marriage fraud involves a resident of another country seeking a coveted U.S. residency by paying an American citizen to marry them. This strategic move allows them to sidestep immigration regulations and gain access to the opportunities the United States offers. Another method of marriage fraud occurs when individuals manipulate the trust and goodwill of U.S. citizens.
Potential consequences of marriage fraud
Individuals implicated in marriage fraud face severe consequences, including deportation and removal from the host country. Furthermore, engaging in marriage fraud can result in a permanent bar from entering the country.
Immigration authorities employ rigorous vetting processes to detect and penalize marriage fraud. This includes thorough interviews, background checks and verification of supporting documents. Individuals with information about fraudulent unions are also encouraged to report their suspicions to immigration authorities.
As a consequence of increased scrutiny, legitimate couples may experience longer processing times for immigration applications. Therefore, you shouldn’t fret if you experience a long waiting period as long as you’re part of an authentic couple. Authentic couples may also encounter heightened documentation requirements to prove the legitimacy of their marriage.
As an individual embarking on the journey to build a new life in a foreign land, understanding marriage fraud is key in preventing any mistakes that might compromise your immigration status. Consider seeking legal guidance proactively to better safeguard your interests as you work towards your goals.]]>On Behalf of Law Offices of Davis M. Tylerhttps://www.davistylerlaw.com/?p=472572023-12-12T18:23:07Z2023-12-12T18:23:07ZDon’t make the mistake of assuming that the legal limit is a magic level that can protect you from DUI charges. For instance, a police officer may pull you over and you may blow a 0.07% on a breath test. You know that the legal limit is 0.08%, so you think that this is going to get you out of the charges.
But the reality is that impairment is prohibited, whether or not you break the legal limit. If the officer can still show impairment, your blood alcohol concentration (BAC) isn’t as important and you could still get a DUI charge.
Other evidence of impairment
After all, officers may bring other evidence to court. Maybe you took field sobriety tests and failed two out of three of them. Perhaps the officer has you on camera making significant driving mistakes, like running a stop sign or driving without your headlights on. Or perhaps you were involved in an accident that you’re accused of causing, and the officer believes that your impairment is the reason for the crash. If they can establish that impairment, even when your BAC is under the legal limit, you may still face charges.
The passage of time argument
One other thing to keep in mind is that officers will sometimes argue that time went by between when you were driving your vehicle and when you actually took the breath test. Your BAC may have fallen in that time. If you blew a 0.07%, but it was an hour after you were driving, for instance, the officer may argue that you were well over the legal limit when you were still behind the wheel.Either way, you could find yourself facing serious charges, so make sure you understand all of your defense options.
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