An Immigration Law firm in New York talks about deportation without hearing -Part I

Millions of people around the globe apply for an American visa, every year, in order to gain entry to this land of coveted opportunities. However, only a few and deserving out of them gain entry to this land. Ask any immigrant what is his biggest fear? The answer would be, -Deportation to their home countries.- The illegal immigration reform added the removal proceedings in an amendment process to Immigration and Nationality Act (INA) to expel aliens and bar them from entering the United States. .

It is a routine procedure for all those being served a deportation to have a hearing in fort of the immigration judge to explain his/her side of the story. However, a foreign national can be deported without any hearing in many cases. An Immigration law firm in New York talks about these types of deportation procedure in the section below.

Generally, two types of deportation procedures do not involve a hearing i.e. the expedited removal process and the administrative removal process. In both the processes, the individual requires help from an experienced immigration attorney to take a person out of the immigration entangles. Expedited removal process –

In this process, foreign nationals who have misrepresented their eligibility to enter the United States are generally targeted. This also includes immigrants who have furnished false information at the port or border in order to gain entry. Aliens who have gained entry by providing false and forged documents are also removed by this process. In most cases, aliens are deported without hearing. However, in some cases, it involves those seeking asylum, the alien is interviewed by an asylum officer. An individual is barred from entering the United States for a period of 5 to 20 years if removed by the expedited removal process. This process also applies in cases in which an alien has been convicted of a crime such as those related to drug, rape, murder, sexual abuse of minors and possession of fire arms. However, these aliens are deported only on the completion of their prison term

In the part-II of the article, we will look at the various aspects of removal due to an administrative process.

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.

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.

Immigration Bonds Are Here To Help Migrants

Immigration bonds are not frequently talked about when it comes to bail bonds. If you are not an immigrant, then you will not need this form of specialized bond nor a bail bond agency that specializes in immigration. If you are a natural citizen, then you will not need the services of the Immigration and Naturalization Service, or INS, to help bail you out of a problem.

Immigration bonds are issued by the Department of Immigration and Naturalization Service to bail bond agents who specialize and are licensed to bond out immigrants to the United States. It is not just any old license.

It is one that is specially given out by the INS for a bail agency that knows the inner workings and risks associated with immigrants. Studies have shown that immigrants from certain countries are more likely to run and force a bail enforcement agent to try to track them down.

There are two ways a bond is posted. The first is a cash bond in which the immigrant puts up the entire amount in cash him or herself. The second is through a bail agency that will guarantee the bond but requires a percentage of the bond as their fee.

The higher the risk of running, the larger the bond will be and thus the percentage, which is non-refundable, will be higher as well. As long as the immigrant shows up to the court on the designated day there will be no problems.

There is one note that needs attention when dealing with the INS. Just because an immigrant is arrested does not mean they will automatically be deported back to their home country. It depends largely on the degree of crime and whether or not they are in the United States legally.

Chances are pretty high that if they are here illegally, they will be deported back to their home country. Just as with American citizens, immigrants are innocent until proven guilty.

Since immigration bonds are a specialized form of bond, it takes a person familiar with the laws of the Immigration and Naturalization Service in order to write the bond. The INS can point the immigrant towards agencies and attorneys who are familiar with these laws and who can help them out if they find themselves in trouble with the law.

It does not have to be a fruitless endeavor of hunting and searching. That is why the INS is a perfect place to begin the search. They help immigrants get the help they need in order to be tried fairly.

Visit Mike Selvon portal to learn more about the immigration bonds. Your feedback is much appreciated at our bail bond services blog where a free gift awaits you.

Alienation of Affection Laws

Alienation of affection is a term used to point to a tort action brought by a deserted spouse against an individual or a group of individuals who are held responsible for the failure of the marriage. A tort is a wrongful act which causes injury or loss to someone. Tort laws deal with such acts where a persons behaviour or act causes an unfair injury or loss to another person. A tort can be intentional or accidental, but not illegal. Tort laws allow victims of tort to recover their losses. Although alienation of affection law is considered outdated and prehistoric by many, there are lawsuits related that can be justified even today. This subject brings numerous legal issues and often brings up questions which cant be answered by the common man that Experts can answer. The top five queries related to alienation of affection are listed below that have been answered by the Experts:

In which states is alienation of affection law recognized?

Each of the United States has their own rules and regulations for this law. However, there are four states in the US, namely, Illinois, Mississippi, Utah and South Carolina that recognize alienation of affection laws.

Is it possible for someone to file a case under alienation of affection law in Maryland?

The state of Maryland has abolished the law, but allows petitions for divorces. Many states have different standards and not every state recognizes this law in general. Experts can answer state specific law questions.

Does the state of Illinois allow someone to sue for alienation of affection after being diagnosed with PTSD (Post Traumatic Stress Disorder) due to an affair?

Although IL recognizes it in some cases, the plaintiff must be able to prove conclusively that the defendants lack of affection was the prime cause of the affair or that PTSD was because of the alienation of affection that was caused by the affair from the spouse.

Can someone from a state which doesnt recognize alienation of affection laws file a case in a different state that recognizes the laws

A person can sue someone for alienation of affection only if the person being sued is a resident of a state that recognizes the laws. Apart from this, a person can also sue someone for any emotional distress caused by the person being sued.

Can a lawsuit be filed by someone in the state of Mississippi for alienation of affection after the divorce has been finalized?

It is possible for someone to be sued for even after the divorce. However, in the state of Mississippi, any lawsuit has to be filed within a time period of 3 years starting from the day on which the divorce was finalized.

Divorce attorneys mostly believe that the laws formed around alienation of affection should be abolished. However, there are certain trial lawyers who support such cases. Alienation of affection can range from employer/employee, parental alienation etc., to the biggest and most common form which is divorce-related. If you have any questions concerning alienation of affection laws www.justanswer.com/family-law.

White Collar Criminal Lawyer New York

The term white-collar crime was coined in 1939 by sociologist Edwin Sutherland. The term encompasses nonviolent criminal offenses that are committed in a business or professional setting to achieve financial gain. White-collar crimes are committed by people in the context of their occupation.

Below is the list of some common types of crime that fall under this category:

Bank Fraud

Bribery

Bankruptcy Fraud

Computer Fraud

Counterfeiting

Credit Card Fraud

Embezzlement

Economic Espionage

Forgery

Insurance Fraud

Money Laundering

Perjury

Securities Fraud

Tax Evasion

Under jurisdiction of the FBI, crimes of this nature are “illegal acts which are characterized by deceit, concealment, or violation of trust, and which are not dependent upon the application or threat of physical force or violence.” There are many controversies surrounding the convictions and penalties between white-collar crime suspects versus blue collar crime suspects. As white collar crimes are typically nonviolent and involve individuals of a higher class, convicts receive shorter sentences and nicer prison accommodations than their blue collar counterparts. But in few big fraud cases, some convicts have received sentences for life in prison, along with huge court-ordered fines and restitution payments.

While the charge depends on the size of the illegal operation and the degree of involvement for each individual, committing a white collar crime typically results in a felony charge. In the United States, sentences for white-collar crimes may include a combination of imprisonment, fines, restitution, community service, disgorgement, probation, or other alternative punishment.

For serious white collar offenses, you need a serious defense. A white collar attorney in NY understands that your case may be complicated, atypical, and in need of personalized representation. If you have concerns with white-collar crimes, you can contact white-collar criminal lawyers New York Paul D. Petrus, Jr. by phone at 212-564-2440 or visit www.petruslaw.com. Mr. Petrus, through hard work and a personal touch, will build a defense for you. NYC white-collar lawyer Paul D. Petrus, Jr. is dedicated to providing individually tailored legal solutions in the areas of white-collar criminal defense litigation, internal investigations, and corporate compliance.

Illegal Immigration-Hot Topic in the World

For immigration purposes Marriage fraud is a misleading Union where a man and a woman will get married for the sole purpose of one of them obtaining permanent resident status in the United States or other countries. Many people see this type of marriage as a trade agreement between two people. On behalf on Immigration Marriage Fraud Act 1986 was amended by the Immigration Act of 1990 to permanently ban the marriage of a citizen of the United States to a foreign citizen for immigration purposes. Some even try to obtain residence by pretending to go through a genuine marriage. A person those not a U.S. citizen or who tried to make a fraudulent marriage for immigration purposes will be deported and can never be prevented from obtaining citizenship in the country.

There seems no end to illegal immigration news available to people today. As illegal immigration has become a hot topic in the U.S., there is an increasing amount of attention to illegal immigration and what rights they may have or not. The most important item of news about illegal immigration is the issue of whether there should be a path to citizenship for those who have lived illegally in the country for a period of time. This would give illegal immigrants the right to the benefits that some people do not feel they should enjoy where they lived illegally. The debate continues to follow the news and continues to build.

Many people do not realize that the request for help through a waiver, visa and / or change of status that makes them much more readily available to the immigration authorities, and in some event, open to the deportation and / or exclusion. Imagine paying filing fees and go through a cumbersome process of several months of detention by frauds and placed in proceedings before the immigration court! As for the exclusion and deportation, depending on your specific situation, you may be in danger of being detained in a correctional institution or be expelled and barred from the United States for a period of three to twenty years.

For further more knowledge of this topic please click on Global Visas Fraud Department.

Nitin Sharma works as Online Marketer at a British Company. He loves to write articles about Global Visas Fraud and in this way he has submitted many articles over internet. He aware people about the increased fraud cases now days.

How Can Reputable Immigration Lawyers in Philadelphia Help You

Many cities in the United States have a history with immigrants: New York and San Francisco are particularly the most famous in this regard. Manayunk, a neighborhood in Philadelphia, is well-known for the 19th century influx of Italian, Irish, Polish, and German immigrants after the city became a major industrial center. Immigration continues to be a hot issue in the country to this day, which is why many immigration lawyers in Philadelphia still have their hands full.

One of the most important benefits of working with an immigration attorney is the knowledge he or she has of the country’s immigration laws. These laws can be very complex, which is why some people just bypass them and enter the county as illegal immigrants. Below are some of the services that an immigration lawyer typically offers: :

Citizenship Application

One of the most common reasons for working with an immigration attorney in Philadelphia is to gain full-citizenship in the US (also known as naturalization), which can take a long time without the proper legal assistance. He or she ensures that the client submits the proper documents on time to the relevant authorities and that the process itself adheres to relevant federal laws like the Patriot Act of 2001. Hiring an immigration attorney is also a must if a business owner wants to move his or her company to the US.

Asylum Application

Refugees and expatriates need to work with immigration lawyers before they can be granted asylum in the country. However, this process may take a long time because immigration authorities also need to consider the international implications of providing refuge to, say, dissidents and activists from countries with strong ties to the US. Applications can be filed before or after the person reaches American soil.

Temporary Residency

This is specific to foreign workers and students who wish to reside in the country for a short time. However, this can also apply to Americans who wish to work or study in another country, especially if that country’s immigration laws are very different from the US. The Enhanced Border Security and Visa Reform Act of 2002 strictly requires schools and companies to report foreigners who are under their care.

For more about immigration lawyers, visit: wisegeek.com/what-is-an-immigration-lawyer.htm and attorneys.com/immigration/what-does-an-immigration-lawyer-do. For a brief look at the US immigration and visa policies, visit: travel.state.gov/visa/questions/policy/policy_4433.html.

Meritorious Claims How an Ottawa Injury Lawyer Proves Legal Claims

Every health professional is required to follow specific standards when treating illnesses. Doctors check-up their patient’s health condition before giving prescriptions, and surgeons conduct an intensive assessment before letting their patients go under the knife. They scan their patient’s body, create impressions and cast images, and finalize medical procedures for surgery. Consultation and preparation are essential in carrying out medical operations.

Nevertheless, there are instances when mistakes and negligence comes into the fore. Physicians give overdose prescription to patients, surgeons inject unsterilized needle on the patient, causing viral infection, and Anesthesiologists miscalculate anesthesia mixture, leading to hypoxia. There are many medical malpractice cases in the United States and Canada every year. In most cases, doctors are robbed off their license to practice medicine. Others, however, are able to surpass the legal test and retain their license.

In Ottawa, personal injury lawyers prove a medical malpractice claim in four grounds. These are duty of care, breach of duty, patient injury, and causation. Lawyers must be able to prove an existing relationship between the patient and doctor; this will prove that the patient has given the doctor the right to administer a medical treatment. In cosmetic surgery cases, the patient must have requested the doctor to make some changes to the original body contour or facial structure. A positive patient-doctor relationship must exist between the plaintiff and defendant.

After this, Ottawa personal injury lawyers must prove that physicians have defied the standards of care in performing medical procedures because of carelessness, lack of focus, or fatigue. In legal terms, this is called breach of duty. Any deviant act during the entire medical procedure can be also be considered as breach of duty. This is one of the most difficult grounds to establish in personal injury cases.

Moreover, Ottawa personal injury lawyers must prove that the breach of duty has caused injury to the patient. For instance, a lawyer must be able to verify that the wrong anesthesia mixture caused the hypoxia of the patient. Otherwise, the legal claim is null and void.

The burden of proving medical negligence lies solely on the personal injury lawyer Ottawa. Similarly, one’s client must be able to present the damage in court. This way, the court can consider the claim as meritorious.

Different between immigration and non-immigration visa

The foreign citizen interested to live in the USA permanently to work or to live. An immigrant visa gives all privileges like a normal US citizen. The non-immigrant visa issued to foreign citizens for temporary bases like travelling, tourism, business and education with limited privileges. The US consulate provides the Visa either immigration or non-immigration visa is depend upon the purpose. Non-immigrant visa is granted by the Department of Homeland Security Office.

Present Non immigration visa has more than twenty non-immigrant visas for temporary usage. Depend upon the reason US consulate temporarily provides appropriate non Immigration visas. Some of the non-immigrant visas: >

A transit C-1 visa is a temporary transit visa when you are going to another foreign country through the United States and your final destination is not a United States.

The B1 visa is a temporary visiting visa for either business or work and come back to your home country after completing work. B2 visa is a tourist visa with pleasure. With pleasure you go to the USA for tourism purpose like a honeymoon or tourism and more.

The F1 visa: is study visa. The student interested to go to the USA for the higher education purpose and come back to their motherland after completing your education. You must qualify TOFEL test to get F1 visa.

In this way have a lot of non-immigration visas. All non-immigrant visas are having a temporary limited period of time. Mostly US Department provides Australian (E-3) visa, border crossing card for Mexican travels.

Immigration visas: The visa for Live and Work in the USA permanently without any restrictions as a home country is legally called an Immigration visa.

The first step to get immigration visa is Visa sponsors petition to the USCIS for permanent residency. (United Stages Citizenship and Immigration Services simply called USCIS) Once USCIS has approved that petition, then it is forward to the NVC (National Visa Centre) further process to check petitioner is eligible or not.

The NVC center first instructs and analyzes the required applications to complete the visa application. Green card holders are the best example for immigration visa holders.

Most of the immigration categories are family sponsorship and employment sponsorship. It is also possible to upgrade non-immigrant visa holders as immigration visa holders. You can get non immigrant visas easily and quickly, but immigration visas are taken long period to get a green card.

Each and every visa have a certain limited number of visas either immigration or non-immigrant visas. If petitions are crossed the number of petitions, that petition is under waiting list and it will delay to approve that petition.

More info contact Immigration Attorney or at call 718-263-5999 for a FREE CONSULTATION.