New Jersey Immigration AttorneyLawyer

Getting immigration permission from the higher authorities of any country can be a hard task for those people who are planning to settle abroad. Therefore, it is necessary to seek an experienced immigration lawyer. Immigration is extremely critical so choosing the right qualified New Jersey immigration attorney will make the difference. One should always make sure to choose an attorney who is licensed to practice in the United States jurisdiction and is in good standing with the state bar of New Jersey.

If you are in New Jersey, USA then before hiring any Immigration Lawyer in New Jersey, you should make sure that the firm should be dedicated to protect your rights and should handle your case with the personal attention. Samuel D. Bornstein, P.A. gives full attention and support to their clients. Samuel D. Bornstein, P.A. provides the time to overcome the client’s requirement regarding the immigration case and their trained immigration lawyers quickly determine how to resolve your problems through the legal structure. From the very basic, family and business visas to the naturalization and deportation cases they provide the complete knowledge, information and experience to assist with all your immigration requirements.

The immigration lawyers of Samuel D. Bornstein, P.A. keenly recognizes the specified complications that can arise when involved with federal immigration regulations. In addition, as a New Jersey immigration lawyer, they know circumstances and confusion that can surround immigration, deportation, naturalization and other issues for you and your family members. Samuel D. Bornstein, P.A. helps individuals and businesses with all the manner of immigration, naturalization, deportation issues, including obtaining of temporary visas, etc. They offer the following services:

Family and Employment Based Cases Deportation & Removal All Visas and Consulate Processing Employment-Based Legal Permanent Residence Citizenship & Naturalization

Remember, with an experienced, focused, attentive, strategic and creative representation, you can resolve immigration issues efficiently. Proficient law firm and experts primarily concentrate on comprehensive details and gives personal attention to their clients. This approach provides an edge in obtaining a successful and an efficient resolution of both individual and business matters. Initial discussion of your immigration issue, to schedule a consultation or case evaluation could be extremely helpful. About The Author:

Author, Samuel D. Bornstein, is associated with the law firm () and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their “in house” lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.

Islamic Divorce in New York State

Muslims residing in the State of New York are in a dual situation when it comes to the implementation of family law. On one hand, they are governed by the religious law of Islam, known as Islamic sharia, and on the other hand, the secular family law of the state of New York. To Muslims, the family law of Islam mandates that marriage and divorce among Muslims should be done in accordance with the Islamic sharia, regardless of whether they live in an Islamic or secular country. Civil divorce decrees obtained by secular courts are not recognized by Islamic sharia.

Under Islamic law, a Muslim man may marry a non-Muslim woman, whereas a Muslim woman is prohibited from marrying non-Muslim man. Under these rules, a non-Muslim woman marrying a Muslim man in compliance with Islamic sharia is subject to the rules of Islam in the areas of divorce, child custody and inheritance. In other words, a non-Muslim woman who gets married to a Muslim man in accordance with Islamic sharia, loses custody of her children in case of divorce, or in case the husband dies. Consequently, a non-Muslim woman marrying to a Muslim man is forced, under the rules of Islamic sharia, to surrender custody of her son when he reaches the age of seven, and her daughter at the age of nine. She also prohibited from inheritance. These rules are applied throughout Muslim countries with a system of sharia-based family law in place.

Marriage Contracts in Islamic Sharia
Under the rules of Islamic sharia, the marriage contract should include: (1) names and addresses of the couple; (2) name of the guardian of the bride; (3) names and addresses of two male witnesses; and (4) the amount of mahr, or a promise of money or its equivalent to be given by the husband to the bride. Like any other civil contracts, Islamic marriage contract should be in the form of offer and acceptance by the parties.

Contrary to the popular notion that mahr is dowry; it is not. A dowry is what the wife contributes to her marriage while mahr is an obligation on the husband to pay his future bride. Others call it a gift; it is not a gift either, because mahr is an obligation on the husband and is mandated by the Quran. The Quran calls it sadaq (Quran 4:4). If no stipulation of mahr is provided in the marriage contract, the marriage remains legal and in effect; in such a situation, the “qadi” (judge) will determine the amount of mahr, which remains a property of the wife alone. The amount of mahr can be paid partially: up-front (Arabic, muqaddam), and deferred until divorce or death of the husband (Arabic, muakhar), or it may be prepaid in full before the consummation of the marriage.

Legal Status of the Mahr Provision in Islamic Law
The most important feature of the mahr provision is that one party makes an offer and the other can accept or refuse to accept. It is a financial settlement between the couple in case a divorce occurs or the husband dies. Although, Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride.

In the State of New York, an Islamic marriage contract involving mahr may be considered premarital agreement for a divorce settlement. In legal terms, this is called a concurrence of wills or meeting of the minds of the future husband and his future wife. This also means that each party from an objective perspective engaged in conduct manifesting their acceptance, and a contract was formed when both parties met such a requirement.

The basic rule is that a premarital contract will be interpreted and enforced in accordance with the law of the state in which it was entered into. Thus an Islamic marriage contract signed in Egypt according to the Egyptian law for example, must be interpreted according to the law of Egypt. The Restatement of the Law Second Conflict of Laws 3d, Chapter 8, Contracts, is clear about the law for the state chosen by the parties to a contract. The text of the Restatement reads: “(1) The law of the state chosen by the parties to govern their contractual rights and duties will be applied if the particular issues is one which the parties could have resolved by an explicit provision in their agreement directed to that issue.”

Looking at both academic and case studies in this area of law, this article points the reader in the direction of the current trends in the treatment of mahr in New York State and to address Islamic family law issues relevant to New York State law and the working of its legal system. The mahr provision in an Islamic marriage contract has been interpreted differently in other states. For more information on treatment of mahr in other states, the individual should seek legal advice.

Interpretation of the Mahr in New York State
Muslim men and women assert their Islamic legal rights in American family courts; as a result, Islamic sharia governing their marriages and divorces becomes an important and complicated part of the American legal landscape. This leads to a discussion of court cases involving Muslim marriage and divorce litigations in the State of New York, as well as whether New York courts will enforce the terms of Muslim marriage contracts, mainly the mahr provision.

New York courts have jurisdiction over divorce cases within its territory, with specific focus on premarital contract structured in accordance with foreign laws. And, various state courts have found no public policy prohibition in enforcing such agreements. In New York, a mahr agreement may be interpreted within the context of a contractual obligation.

In Aziz v. Aziz, the couple entered into a mahr agreement which required the payment of $5,032, with $32 advanced and $5,000 deferred until divorce. The New York court ruled that the contract conformed to New Yorks contract requirements, and that “its secular terms are enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” (See Aziz v. Aziz, N.Y.S.2d at 124).

In this case, the husband argued that the mahr agreement provided in the Islamic marriage contract could not be enforced because it was a religious document and was not enforceable as a contract. The wife responded by stating that although the mahr is a religious stipulation; its secular terms can be properly enforced by the court. The court agreed with the wife and ordered the husband to pay the deferred mahr. The court found that the mahr agreement complied with the necessary statutory requirements to be recognized and enforceable as a premarital agreement and held that the secular terms of the mahr agreement were “enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” The court stated that the mahr agreed to by the couple constituted a secular debt of $5,000 and ordered the husband to fulfill the terms of the agreement.

The case was based entirely on another New York of Appeals case of Avitzur v. Avitzur involving a Jewish Ketubah in which a Jewish woman sued for specific performance to force her ex-husband to appear before a Beth Din (Jewish Court). Under Jewish Law, only a man can grant a divorce, or “Get”. Until he does, the woman cannot remarry within the Jewish faith to anybody. Her children will then be considered illegitimate. In order that a “Get” may be obtained, both husband and wife have to appear before the Beth Din. The husband refused to appear, leaving the woman in a state of marital limbo, making her an “agunah.” The New York Court of Appeals found that the Jewish ketubah constituted a valid premarital agreement that could be enforced despite the religious underpinnings of the agreement.

Conclusion
As the second largest religion, and with the number of Muslims immigrating to the United State on the rise, American courts are more frequently looking into Islamic divorce litigations between Muslim couples. Out of respect to Islamic law and culture, American courts attempt to apply certain provisions from Islamic sharia, such as the mahr contract in divorce cases involving Muslim couples. By doing so, American courts risk involving their arguments with gender and economic inequalities between Muslim men and women, leaving Muslim women destitute. The application of mahr agreements in Islamic divorce in the United States prevents women from exercising their rights to equitable distribution of marital assets upon divorce. If the courts need to extend their respect to Islamic law in divorce situations, they should look into whether the wife had a choice in signing the mahr agreement. Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, the Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride. Other states do not regard the mahr to be a premarital contract. Individuals seeking information on the treatment of mahr by other states should seek legal advice from a competent attorney.

DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

Republishing of this article is hereby granted by the author.

Hemp And Legal Implications

Copyright 2006 Francesca Black

In 1619 Jamestown Colony, Virginia enacted laws ordering farmers to grow hemp. Similar laws were enacted in Massachusetts in 1631, Connecticut in 1632 and the Chesapeake Colonies in the mid-1700’s.

Even though the U.S. government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States.

Cannabis hemp was legal tender in most of the Americas from 1631 until the early 1800’s. you could even pay your taxes with cannabis hemp. In the mid-to-late 1800’s the 2nd & 3rd most commonly used medications were concentrated cannabis extracts and resins (a.k.a. hashish). At one time American companies Eli Lily, Squibb and Park Davis produced cannabis extract medicines but clearly that is no longer the case..

Today the THC levels in industrial hemp are so low that no one could ever get high from smoking it. Moreover, hemp contains a relatively high percentage of another cannabinoid, CBD, that actually blocks the marijuana high. Hemp, it turns out, is not only not marijuana; it could be called ‘antimarijuana.’ Although opponents of hemp production claim that hemp fields will be used to hide marijuana fields, this is unlikely because cross-pollination between hemp and marijuana plants would significantly reduce the potency of the marijuana plant.

On March 12, 1998, Canada legalized hemp production and set a limit of 0.3% THC content that may be present in the plants and requires that all seeds be certified for THC content.

In 1942 the US government strongly encouraged hemp cultivation to help with the war effort, going so far as to produce a film entitled “Hemp For Victory”. Hemp was grown commercially (with increasing government interference) in the United States until the 1950s. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. Even though the US government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

The European Union subsidizes its farmers to grow industrial hemp. Hemp seed is not psychoactive and cannot be used as a drug. Hemp Seed does not contain THC. From 1842 through the 1880s, extremely strong marijuana (then known as cannabis extractums), hashish extracts, tinctures, and elixirs were routinely the second and third most-used medicines in America for humans (from birth through old age). These extracts were also used in veterinary medicine until the 1920s.

The illogical and unrealistic reasons for not growing hemp should be set aside now, as this crop will be a wonderful economic boon. In 1935 116 million pounds (58,000 tons) of hemp seed was used to make paints and varnishes yet it has been effectively prohibited in the United States since the 1950s.

Hemp was doomed by the Marijuana Tax Act of 1937, which placed an extremely high tax and made it effectively impossible to grow industrial hemp. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

No marijuana grower would hide marijuana plants in a hemp field. Marijuana is grown widely spaced to maximize flowers and leaves; hemp is grown tightly-spaced to maximize stalk and is usually harvested before it goes to seed. It is also the first place where law enforcement officials would look. No one would want to smoke industrial hemp. Industrial hemp has a THC content of between 0.05 and 1%. Marijuana has a THC content of 3% to 20%. To receive a standard psychoactive dose would require a person to power-smoke 10-12 hemp cigarettes over a very short period of time. The large volume, high temperature of vapor, gas and smoke would be difficult for a person to withstand, much less enjoy.

The US State Department must certify each year that a foreign nation is cooperating in the war on drugs. The European Union subsidizes its farmers to grow industrial hemp. Those nations are not on this list, because the US State Department distinguishes the difference between hemp and marijuana. Over 30 industrialized democracies do distinguish hemp from marijuana. International treaties regarding marijuana make an exception for hemp, and trade alliances such as NAFTA allow for the importation of hemp. In fact NAFTA allow for the importation of hemp. All members of the Group of Seven Industrialized Nations permit hemp cultivation except one-the United States.

Choosing the right immigration asylum lawyer

When you ask for asylum in the United States of America, you must have a very good reason for doing so. Immigration asylum is generally given to people that have been oppressed by the governments of their own countries, as a result of several reasons ranging from skin colour, sexual orientation, and race to political differences, different views and ideas, and even speaking your mind and standing up for what is right. However, asking for asylum is not enough to get you in the clear. You have to convince the US government that you deserve it, and that you really are persecuted by your government. This is where an immigration asylum lawyer comes handy. That is not easy, and can be quite daunting and difficult if done alone. You don’t have any experience practicing law in the United States, and you certainly don’t know the entire constitution and immigration legislations, not to mention the fact that you might not even be able to speak the language correctly, let alone compile a case and build a strong defence around it. The best chance you have is with an immigration asylum lawyer

by your side. And while you’re at it, why not pick the best one? Picking the best one is a hard thing to do, because each and every one of them will advertise themselves as much as they can as being the best asylum immigration So what you have to do is look beyond the advertising and look at how they actually present themselves. Look at the immigration asylum lawyer’s past work, look at how they express themselves, and look for their confidence in your case. If you feel that a certain immigration asylum lawyer is confident, you will feel confident around them and you will know that together you will have higher chances of success. After you make up your mind, and you chose your immigration asylum lawyer, you have to work with him/her on your case. You have to build a case together, build a solid defences together, compile evidence together, and do everything that is in your power to iron out all the kinks and creases before you go to your interview or court hearing.

How Couples Could Benefit From Mediation

So often we hear about how high the rate of divorce is in both the United Kingdom and the United States. Divorces can be emotional, time consuming, and expensive affairs. More than ever, couples are being encouraged to use mediation services in order to solve their difficulties, in order to avoid all the difficulties of a divorce.

When emotions are running high and couples don’t know how they can possibly make things work anymore, divorce can seem like the only way out. Communication is the key to all good relationships and when communication breaks down, relationships tend to break down too. Mediation services are great because they teach you how to talk to each other about how you’re feeling in an open and honest fashion.

It can be difficult to talk about our feelings, even to those who are closest to us. Having difficult conversations can be uncomfortable, and sometimes we need a helping hand. Despite the fact we are arguing with our partner, we generally don’t like upsetting other people.

Conflicts between loved ones can be particularly difficult to handle because relationships are so steeped in history. Mediation is future focused, so an independent mediator will attempt to move the relationship forwards rather than allowing the couple to dwell on past events. Bringing up old arguments and past mistakes does not resolve anything and is no basis for a healthy relationship.

This is one fundamental way in which mediation and divorce differ. Divorce courts do not accept ‘irreconcilable differences’ as a valid reason for couples wanting to split up. They instead insist that fault is blamed on one of the parties involved. This is perhaps why mediation is becoming such a popular option for arguing couples. Divorce is not as simple as one person being wrong and the other right; it is infinitely more complicated than that.

If children are involved, then mediation could be useful for a couple as well. If talking about your differences doesn’t solve them, it could at least bring some civility to proceedings. If you still decide to divorce then it is best to do so in a civil manner, so the children are not left feeling anymore confused and upset than they need to be. Deciding on how often children are to be seen and who stays with who is another big issue when it comes to divorce, and it is better if this can be settled outside of the divorce courts in order to avoid as much distress as is possible.

Ultimately, divorce sometimes is the only option for some couples. However, it is certainly better to do everything in your power to attempt to reconcile the relationship outside of the court room to begin with.

Taking A Chance Handling Your Immigration Case Without An Immigration Lawyer

For immigrants seeking benefits, immigration lawyers have become more important since the 9/11 attacks. Immigration rules are stricter. Procedures are tighter. Judges are tougher.

Yet, over 50% of immigrants go to Immigration Court hearings without a lawyer. This is a recipe for disaster.

Americans looked for causes after the 9/11 attacks – many blamed the immigration system. Nineteen hijackers had entered the United States on student visas; the others used tourist visas. The results were predictable. It became more difficult to qualify for permanent residence, U.S. citizenship, and other immigrant visas.

When green card applications fail, immigrants – and often their family members – are sent to Immigration Court. The government attorney asks the judge to remove the immigrants. It becomes a winner-takes-all situation.

Like all aspects of immigration law, court procedures have become more rigid in recent years. These changes make winning your case harder than ever before . . . and the role of an immigration attorney more essential to your success.

THE IMMIGRATION COURT OVERLOAD

Immigration courts are flooded today: an overload of cases and not enough time.

Immigration judges, since 2002, handle about 300,000 cases annually. There are 54 immigration courts and 226 immigration judges. On the average, immigration judges make five rulings per day, and sometimes have less than 15 minutes to issue their decisions.

The results of overcrowding:

Immigration judges quickly review documents, looking for omissions and mistakes. A single error may cause a case to be denied, setting an immigrant’s petition back by a year or more. Such mistakes can lead to your deportation from the U.S.

Judges are forced to complete trials as quickly as possible. Many immigration judges ask for written statements, instead of listening to the testimony of your witnesses. Important information may be left out. Unless there is an immigration attorney doing the writing, most immigrants will fail to include certain evidence the judges need to know.

Judges will not create law. They do not study rules like an immigration trial lawyer. If other courts have used laws in a certain way, an immigration judge is not going to change how things have been done. But an immigration attorney, with deportation defense experience, will know how to challenge laws and procedures if your case is different.

THE ROLE OF YOUR IMMIGRATION ATTORNEY

An immigration attorney can bring many advantages to your case – and can help you overcome difficult issues you will face at your court hearings. These advantages may make the difference between winning and losing.

First, everything counts at an immigration trial. How your documents are prepared, from the start, will affect your entire case. Too often deserving and honorable immigrants destroy their chances with poorly prepared paperwork. Confusing information can make it difficult to challenge a bad decision by the judge. An immigration attorney can keep these errors from taking place.

Second, several programs are unknown to immigrants. They can be missed if you are not being helped by an experienced immigration trial attorney. For example, 5-10 years ago, a special program may have existed for immigrants from your home country. Now it no longer exists. Good immigration attorneys will know if it can still help you.

Most importantly, an attorney with immigration appeals experience can help protect you from bad decisions. Judges are humans. They make mistakes. An immigration judge might not adequately consider your evidence. A judge may fail to properly consider testimony from a witness. Perhaps the judge improperly uses a rule against you. Your lawyer will be able to challenge these errors.

Because immigration cases are harder today, hiring an immigration attorney may be the only way to protect your right to a fair hearing – as well as your ability to live in the United States.

How To Select Personal Injury Lawyer

If you suffered in a personal injury accident that because of someone else’s fault, you should consult with a lawyer to make a claim and get the compensation you deserved.

However, insurance companies will try all their best to take advantage of you if you should decide to sue, so it is not wise for you to personally meet the insurance company without your lawyer present. An experienced personal injury lawyer will know how to successfully negotiate with the insurance company and handle your case.

Anyway, it is really a time consuming and challenging task to select a proper lawyer for yourself. Here are some important qualities for your reference when selecting your lawyer.

Experience – The most important thing you should think about is the lawyer’s experience. You will never want to hire a green hand in your case. The more case like yours the lawyer experienced, the more successfully your case would be handled. A good lawyer is the one who experienced so many such cases and will know what to do immediately without researching your case or check court decisions. This will save you a lot of time and energy.

Specialization – You should try to find a lawyer who is specializing in handling cases like yours. Experiences are very important but they should be related to your case. Thus, the lawyer will be familiar with your case and he/she will have a well-thought-out plan about how your case should handled, which will largely enhance the chance for your case to be successful. For example, if you were injured in a slip and fall accident, you wouldn’t want a lawyer who is majored in real estate.

Reputation – You should also take the lawyer’s reputation into consideration when trying to find one. The more successful similar cases he/she has handled, the more possible for your case to win. So if a family member or friend can recommend a lawyer that has good work experiences in cases similar to yours, then it is advisable for you to make the appointment to meet the lawyer. Besides, if the lawyer is a member of American Association for Justice (AAJ), that previously was known as the Association of Trial Lawyers of America (ATLA), which is the biggest association for personal injury lawyers in the United States, then he/she must have a higher reputation than others.

These tips are just some guidelines for you to select a qualified personal injury lawyer. Remember, the step of selecting your lawyer may be crucial to your case result.

The Importance of an Experienced Mesothelioma Attorney

Mesothelioma is an extremely deadly form of cancer. Fortunately, it is also extremely rare. Mesothelioma metastases throughout the internal lining of the organs of the body. Mesothelioma largely afflicts those who have worked in businesses where they have been exposed to asbestos. Mesothelioma’s most common symptoms include chest pains, difficulty breathing and extreme weight loss.

If you, or a loved one has been diagnosed with mesothelioma, you will need to seek out the services of a competent mesothelioma attorney. A mesothelioma attorney specializes on asbestos related cases. Because they are specialists in this field, they can deal with the specific problems associated with asbestos related cases.

In the United State and much of the industrialized world, millions have been exposed to asbestos at some point in their lives in their jobs and even in their homes. Asbestos becomes a problem when it becomes “friable”, that is, when the individual fibers break away from the material and become airborne. It is when these airborne fibers are inhaled and become lodged deep within the body that the problems begin. Mesothelioma can only be treated. It cannot be cured. There is no known “safe” level of asbestos exposure. Because of this, if you believe you may be working around asbestos it is crucial that you war proper safety gear to prevent the possibility of inhaling asbestos fibers.

If you’ve been diagnosed with mesothelioma or another asbestos related disease, there are attorneys ready to fight for you. Of course it is vital that you seek help quickly, as time is limited due to the statute of limitations. Those diagnosed with mesothelioma will face certain financial needs including medical bills, treatments, as well as the basics of life for the for the family when you’re no longer able to work. Finding a qualified mesothelioma attorney to represent you is a necessary step those suffering from mesothelioma will need to take.You’ll need to find a mesothelioma attorney who has the experience you’ll need in this specialized field. handling asbestos cancer claims. You’ll find numerous mesothelioma attorneys available in the United States. Your job is is to seek out the most qualified attorney to represent your particular circumstances.

Most states have a limited time frame in which you will be able to file a lawsuit against a negligent company . For this reason, it is vital that you seek out a qualified mesothelioma attorney as soon as you’ve been diagnosed with the disease.Depending on your specific situation, an attorney may provide you the opportunity to settle out of court, or your case may go to trial. An experienced attorney should e able to help you decide which option will be best for your situation.

What Is The Role Of The Federal Government In Criminal Law

Criminal law is an area of law that is normally reserved to the states. The federal government pursues its own investigations in cases that are primarily interstate criminal operations and often work with the specific states in large investigations, but the federal government prosecution always reigns supreme in any criminal charge. If the federal government deems that a legal issue is solely a jurisdictional responsibility for the state, then the state case normally is allowed to proceed.

If an investigation is extensive across a significant number of state boundaries the charges are then filed in federal district court in the federal judicial offices nearest to the illegal activity. Federal charges are adjudicated by different sentencing and conviction guidelines and the dispensation of punishment is different in terms of probation and parole. Federal sentencing guidelines normally require at least some level of incarcerated punishment, but this is not always the case. In the event that the defendant has had convictions in the past, the eligibility for probation is significantly compromised. There are situations where judges can exercise judicial latitude when the threat to public safety is low. Rarely are cases totally dismissed.

The majority of all criminal convictions are delivered in state courts, primarily because no one lives “federally.” Though the perpetrators are in the United States, everyone has a local state residence also and the prosecuting police agency determines the court of jurisdiction by location of the criminal incident. There are some situations where actions in a state are deemed legal by state statute, but unlawful by federal law. The most common example of this occurrence is the medical marijuana movement across the nation. The Department of Justice is currently initiating a program of prosecuting medical marijuana dispensaries in states that have decriminalized marijuana possession based on medical need, claiming sovereignty over state statute by virtue of the federal contraband status of marijuana possession and sale.

Additionally, prosecution conflicts can occur when federal authorities enter into plea agreements with defendants that preclude any state prosecutions at the lower court level. This can be highly problematic for state judicial systems because these cases often include white-collar corporate crimes where the states would also have the standing to sue the defendant in civil court on behalf of victims in their states who were involved, often unbeknownst to the victim until it is too late.

A primary example of this situation is the current plea arrangement being sought in federal court by a number of banks under prosecution by the Securities Exchange Commission. The agreement being sought by the defendants and the SEC would suppress any consequent inferior state prosecutions and eliminate the civil tort standing of the actual victims of the crime. Federal law is sovereign to state law because of state incorporation to the non-governmental guarantees provided in the U. S. Constitution.

Obtaining Employment Immigration Visas To Work In The United States

If you are moving to America from a different country, you will need an employment immigration visa in order to work legally in the country. People who are not American citizens or legally permanent residents must obtain these visas, to work here. The process can be quite complicated if you are not already familiar with it. Hiring an employment immigration attorney can help greatly throughout this process if you want to work in the US on a temporary basis.

If you want to work temporarily in America, you will need a visa that is specific to your line or work and the purpose for your travel to the United States. To obtain this necessary document, you must meet a number of requirements within employment immigration law in the United States. Your employer is also required to file a petition to the U.S. Citizen and Immigration Services on your behalf. If you are seeking permanent residency in the U.S., you will need to obtain a green card. This document will authorize you to work and live permanently in the country.

Obtaining an Employment Authorization Document (EAD) is necessary to prove that you are eligible to work in America. This card is valuable for one year, and it can be renewable. Students and exchange visitors may also be allowed to work in the United States under certain circumstances. These people must obtain permission from a person who is authorized to do so, typically a Designated School Official. Employers are obligated to verify that any individual they hire is authorized to be employed in the United States.

There are a variety of work visas. Exchange visitor visas are available to individuals who are approved to participate in study or work based exchange programs. Temporary work visas are available for foreign workers who are working in specific fields in the U.S. There are also temporary documents for skilled, educated individuals in specialized fields. Green cards are available for foreign individuals who wish to become permanent residents of the United States.

Because this process can be quite convoluted to go through on your own, you may want to consider hiring an attorney who specializes in this field of the law. A legal professional can help you to get through the process easily. Whether you are interested in a permanent or temporary stay in the U.S., it is essential that you get the documents necessary to work legally.

Looking for more information regarding employment immigration? You should visit: .