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July 5, 2023
How Compensation is Calculated in Personal Injury Cases: What You Need to Know
April 19, 2023
Understanding Liability in a Texas Truck Accident
March 31, 2023
Everything You Need to Know About Becoming a U.S Citizen in Texas
January 13, 2023
Economic vs. Non-Economic Damages in a Personal Injury Case
By David Robledo December 13, 2022
How Long Can You Stay in the U.S. on a Work Visa? Citizens are allowed to work in the U.S. without restrictions. However, if you are not a U.S. citizen or permanent resident, you will need a work visa before you can begin a job. There are various types of visas for which you can apply. The best option will depend on your field of expertise, where you choose to work, and whether you have the support of a company or institution. Also, different factors affect the length of your work visa. Some cover temporary employment or attendance at special events, while others offer a more long-term solution. Here is a look at work visas, the requirements for you and your employer, and the length of time you can expect to stay in the U.S. Types of Work Visas There are several different types of work visas. The variety you choose will depend on your area of expertise, but it can also affect the length of your stay. There are a number of very specialized work visa options. However, these are the four most common varieties. Almost all applicants will use one of these visas. H Visa: This is the most common work visa. It permits non-citizens and non-residents to come to the U.S. for work. The H visa has several classes. Most employees will get an H-1B visa, which is for specified professional jobs. There are also H-2 visas for seasonal workers who don't work for more than one year. Finally, H-3 visas are for foreign workers seeking to gain experience or training with U.S. companies. H-3 visas do not allow holders to continue their careers once the training period is over. I Visa: These are visas issued indefinitely to reporters, editors, and press in the U.S. I visas can last for as long as the holders are still carrying out a journalism-related job. L Visa: An L visa is a seven-year visa usually issued to executives or managers employed by multinational companies who transfer to the U.S. from other countries. O Visa: This type of visa is issued for three years but can be extended. O visas are for people with extraordinary skills or people traveling with persons with special abilities. These kinds of exceptional skills could be in science, arts, education, business, or athletics. Factors Affecting Length of Stay for Work Visa Holders Ideally, one only stays in the U.S. for the duration of the visa. In many cases, you can seek to extend or renew an employment visa. However, you need to begin the process before the current visa expires. Legal problems, such as criminal activity or arrests by law enforcement, can cause visa holders to lose their status. On the other hand, some visa holders may become eligible to apply for permanent residency. For example, an H-1B visa is known as a dual-intent visa because it allows the holder to work and apply for a Green Card, which could eventually lead to permanent residency and the ability to remain in the U.S. indefinitely. If there are challenges to visa renewal or a Green Card application, you can enlist the help of an attorney, who can help explain the details and give you options for legal steps to take. Steps Your Employer Must Take to Apply for a Work Visa Though there are different types of work visas, most follow a similar application process. There are three main steps necessary to begin the work visa procedure. The first step is to apply for a job in the United States. Workers who already have employment with a multinational company may simply have to request a transfer to a United States office. Since your employer needs to be involved in the visa process, you need to get hired before you can take the next step. Your employer must petition for nonimmigrant work with the United States Citizenship and Immigration Services (USCIS). Once the petition is approved, you can start the application process. The Department of Labor also needs to approve the petition. Typically, this approval process requires proving that you have special skills, training, or abilities that the employer cannot find in the U.S. Once your employer has completed these steps, it's time for you to start the visa application process. Visa Application Process After the employer completes their steps, you can begin filing paperwork to get your visa approved. You must fill out form DS-160. This is an online process, but you need to print relevant pages and remember all your answers because they will come up again during the interview. Once the USCIS accepts the form, you then book a visa interview date. The interview is conducted in your home country. It typically takes place in a U.S. embassy or consulate. You need to bring other documents to support your application when you go to the interview. The embassy or consulate website should provide all necessary information on what is required. You can expect to bring your passport, visa application confirmation page, passport photos, and approved petition receipt number. The interviewer will ask questions about your application, your professional experience, and your plans for employment in the United States. They may verify information submitted in your application. After the interview, you need to wait for notice of approval or denial of your visa. Can an Immigration Lawyer Help with a Work Visa? Employers may hire immigration lawyers to provide advice related to work visas and visa renewals. In general, the application process for common work visas is not complex. However, if you make a mistake on the form or do not supply necessary supporting evidence and documents, your application could be delayed or denied. You can hire an attorney to check that everything is in order before submitting. If you are worried that a visa extension could get denied, you can also enlist the help of an attorney to help you make a case for an extension. Lawyers can also help you with the task of proving that you have special skills that someone who is already in the U.S. cannot replicate.
By David Robledo November 15, 2022
Is Naturalization the Same Thing as Gaining Citizenship? Naturalization is the process that immigrants take to gain citizenship. In the United States, a naturalized citizen is someone who has completed all the steps necessary to acquire citizenship. Here is a look at naturalization, the requirements to begin the process, and the steps you need to take along the way. You should keep in mind that naturalization is the last step in a process that includes military service, marriage to a US citizen, or living for 5 years as a legal permanent resident. How to Qualify for Naturalization There are different circumstances for people going through the citizenship process. However, many of the requirements apply to everyone regardless of how they became eligible. In order to become a citizen, you need to meet the following requirements: Be at least 18 years old. Those who are younger need to gain citizenship through their parents. When a parent becomes a citizen, their minor children gain citizenship as well. Be a lawful permanent resident for at least 5 years. Permanent residents, known as Green Card holders, are legally allowed to reside and work in the United States, but they are not citizens and do not have all the rights and protections of citizens. There are exceptions to this timeframe. Some people who marry a US citizen or gain refugee status may be able to go through naturalization in less than 5 years. Prove good moral character. To become a citizen, you need to avoid criminal activity and also prove that you have no criminal record in the countries where you previously resided. A criminal background check in your country of origin or other countries in which you lived is necessary for permanent residency as well. Have basic English skills. Though fluency is not a requirement, you need a basic understanding of English to gain citizenship. Understand US history and government. There is a short citizenship test on facts related to US history and government. This exam is given orally during the citizenship interview. Willingly take the Oath of Allegiance to the United States. This oath takes place during the final ceremony before a judge who legally grants you citizenship. Applicants need to provide evidence to prove they meet all these requirements. The Most Common Ways to Earn Citizenship According to the US Department of Homeland Security, there are four common ways to become a naturalized US citizen. As the child of a naturalized citizen, you automatically earn citizenship when at least one of your parents does. When you marry a US citizen, you can start the naturalization process. If you are a lawful permanent resident for 5 years, regardless of your reason for having resident status, you can apply for citizenship. Non-citizens who serve in the US military may be eligible for citizenship under special rules in the Immigration and Nationality Act. The requirements for this type of citizenship include one year of honorable military service or service during a time of conflict. The Steps for Naturalization If you are applying for naturalization, you already have a Green Card, which grants permanent resident status. If you do not have a Green Card, you need to file form I-485, which is the application for permanent residency. If approved, you will go through an interview process and receive your Green Card. Once you have a Green Card, you can begin the naturalization process. The first step in the naturalization process is to file form N-400 with the US Citizenship and Immigration Services (USCIS). You need to include personal details, information about employment, family members, marital history, time spent outside the US, and details about your spouse or children. You need to collect supporting evidence, such as a birth certificate, Green card, passport, US visa, and 2 recent passports-size photos. You should photocopy the documents (but send the original photos) and attach the copies to the N-400. You will need to pay an application fee with a check or money order when submitting the N-400. You can find the latest fee amounts on the USCIS website. After the USCIS receives and files the application, they will contact you to schedule a fingerprinting and biometrics appointment. You will need to go to a USCIS field office for an electronic fingerprint scan. You will also be asked to bring the originals of the documents you photocopied for the N-400 application so that USCIS agents can verify them. Once you pass all the initial checks, the USCIS will contact you to schedule a second appointment at a field office. This time, you will need to sit for an interview. The interviewer will verify information on your N-400 and may ask other questions pertaining to your application. During the interview, you will need to pass tests on US history and civics, which will be given in English. You need language skills to understand and answer the interviewer, and you need to answer a majority of the questions correctly. There are study guides available with all the possible questions you could be asked during the test. If your application is accepted, you will need to take one final step: attending an oath ceremony. You will swear an oath of allegiance to the United States in front of a judge and officially become a US citizen. After you obtain citizenship, you can take certain steps, such as changing your status with the Social Security Administration or registering to vote. Do You Need a Lawyer for Naturalization? You may or may not need a lawyer for the naturalization process. Technically, it is possible to fill out the N-400 application on your own, supply all supporting evidence, and attend necessary appointments without legal assistance. However, any incorrect or incomplete information can cause significant delays, so it can pay to have an immigration lawyer at least check your application before submitting it. If there are complicating factors, you can get advice from an attorney. Lawyers can help with cases involving refugees, people who have a deportation order and fear for their safety if they return to their home country, or those who feel their application wasn't treated fairly.
October 19, 2022
How Long Do I Have to Sue After a Car Accident in Texas?
By David Robledo September 6, 2022
The right to remain silent is generally the first item of the Miranda warning. However, law enforcement officers in Texas are not required to read the Miranda warning to you immediately. This means that if you are stopped by a police officer in Texas, you may not hear the Miranda warning, even if you are then questioned as part of this stop. The Miranda warning also states that you have the right to legal representation and counsel following your arrest. If you already have an attorney, you will have the right to contact them. If you can’t afford an attorney, you still have the right to legal counsel and representation, and an attorney will be appointed for you by the state. Texan police will need a warrant to conduct some types of search. If law enforcement officers want to conduct a search of your property or your car, they will need a signed warrant to authorize this. If these officers want to search your belongings, such as storage containers or bags, they will need a warrant for this, too. However, they do not need a warrant to search your person. Texas law enforcement officers also need warrants for other things such as blood testing. If you are arrested in Texas, you do not have to submit to testing if there is no warrant in place. If you need legal counsel, representation, or advice in Texas, or if you are seeking assurance that your rights as a citizen will be upheld, reach out today. 
By David Robledo September 6, 2022
If you are dealing with an injury from an accident — such as a workplace accident or car accident, you may want to contact a personal injury attorney. An attorney can help you file a claim against the party or parties who may be at fault. Filing this legal claim will open up the opportunity for you to receive compensation. This compensation could help to cover a variety of costs you have incurred: - Damage to property - Medical treatment and hospitalization - Loss of wages from missing work - Other pain and suffering In many cases, insurance companies settle personal injury cases and lawsuits out of court. However, out-of-court settlements are not the only potential outcomes. Several cases do eventually wind up going to court for trial. A few of the most common reasons include the following: - The attorney for the defendant believes that they will win the case. - A plaintiff may want to publicly display the defendant's negligence without them having the option to conceal wrongdoing through a settlement. - The defendant wants to contest the amount of money at stake for the personal injury claim. - The defendant’s insurance company does not want to set a standard or precedent for the particular details of a case. - The seriousness of your injuries, recovery time, and how much it affects your ability to work. - Your family scenario, age, and other personal aspects. If you find yourself in this situation, it is important to understand what you need to do.
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