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October 21, 2022 by katie m

How An Immigration Lawyer Helps Out

Immigration Law 

Immigration law is something that many people may not fully understand in detail according to an immigration lawyer Des Moines, IA at the Law Group of Iowa. There are a lot of moving parts and different facets of immigration law. Some involve family matters while others involve employment. The US government has many visas that it awards to different individuals for different purposes who wish to either visit or reside in the United States. Applying for these visas can be complicated and time-consuming as interviews may be required along with fees and ample amounts of documents. People who wish to have an easier time of going through these processes can hire a lawyer to make it a smoother process. 

Issues in the Immigration Process

Immigration can pose a lot of issues. A lot of this stems from the different documents that are needed to be submitted by specific deadlines. Each immigration case is different. Some people are attempting to immigrate to the United States to be with spouses or family. Others are seeking to solidify an employment opportunity in the United States that will allow them to live there in the future. When forms and other documents are filled out incorrectly or the government passes a new law or restriction, these issues must be fixed or explained. That’s where an immigration lawyer can come in and offer guidance. If a case has been denied by the government for immigration then a professional or lawyer can take a look at why and see if there are additional steps to take to remedy the situation. 

How an Immigration Lawyer Can Help

A lawyer specializing in immigration issues can offer a great deal of support and guidance for their clients. They understand the different types of visas and the accompanying information that is needed for them. Some of the different types of visas are:

  • H1-B – This visa type is reserved for employers to give out to workers who are not from the United States. A bachelor’s degree is generally needed and the duration of the visa is anywhere from 3 to 6 years. 
  • K-1 – K-1 visas are also known as the fiance visa. These visas are given to the fiance of a US citizen who are destined to marry.  
  • B-1, B-2 – B-1 & B-2 visas are business visas. This is a non-immigrant visa and it is used for people to enter the United States for business and tourist purposes. 

Assistance From a Professional 

Professionals who can assist are abundant that work in the field of immigration law, especially from immigration lawyers. These lawyers can offer their time and support to clients who wish to visit the United States or reside in the United States. They also can help people on the path to citizenship. All in all, these types of lawyers have helped numerous clients with their visas and other immigration issues during their process of coming to the United States.

Filed Under: Uncategorized

June 8, 2022 by katie m

Collective Bargaining Agreement Attorney

Like it or not, more and more workplaces have been unionizing. And employees unionizing means collective bargaining agreements. A collective bargaining agreement is a contract entered into by the employer and the employees that stipulates the terms of employment (the hours worked, the compensation, any benefits employees receive, etc.). Instead of a single worker negotiating for these things, unions represent all employees in arguing these terms for all of the employees. A collective bargaining agreement attorney can help you draft proposals to your employee’s union reps for support, finding a balance that is acceptable to both parties. A collective bargaining agreement attorney can also draft the final agreement to be signed by union reps and an employer. 

The Right to Organize

Congress protected the rights of employees to unionize in the National Labor Relations Act, which says that “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing…” (29 U.S.C. § 157). The act additionally defines unfair employment practices by an employer to be interfering with that right, dominating or interfering with the union, and refusing to collectively bargain with the employee’s voted representative; these are a few of the unfair labor practices that employers could engage in. While there are no civil penalties for disobeying the NLRA, violations could cause the National Labor Relations Board to call for another union election, which could likely be more successful. So, before employees even begin to collectively bargain, it can be useful to speak with a collective bargaining agreement attorney to help make sure that if you plead your case for non-unionization, you do so in a way that does not potentially trigger a recount.

Example of the Collective Bargaining Process

Let’s say you own a restaurant and your employees start to organize. You start your case that unionization will harm your business as you already have razor thin margins, but your employees decide to vote for representation by a service worker’s union. Now you need to decide what you will offer to your employees. You have thin margins, so you want to propose a $0.50 pay raise each year to a total of $16.00 in 10 years, with 3 days of paid time off and 5 days of sick leave. You have a collective bargaining agreement attorney write up the proposal, and the union reps take it to your employees for a vote. The employees vote against ratifying the agreement and suggest they either want their pay increased to $16.00 sooner or they want health insurance. You hit the books and see which one will cost you more in the long run, and decide that an employee health insurance agreement would cost less in the long run. Your collective bargaining agreement attorney drafts the proposal, the union reps take it to a vote, and the employees agree. The collective bargaining agreement attorney writes up the actual collective bargaining agreement and you and the union reps sign it, and it becomes the pay package for your employees. 

If you need a collective bargaining agreement, or any other contract, please be sure to contact us a Mughal Law Firm, PLLC.

Filed Under: Uncategorized

January 21, 2022 by katie m

Learn About Bench Warrants

A bench warrant is an arrest warrant ordered by a judge against the defendant in a criminal case. Bench warrants are given when the accused fails to appear for trial or a court appearance. The reason it is called a bench warrant is that the judge gives the warrant and the bench is the traditional term for a judge’s seat. This means the warrant is ordering you to appear in front of the judge.

What happens if you do not appear in court?

As a lawyer, like a criminal defense lawyer from a law firm like The Lynch Law Group understands, if the defendant does not appear for a criminal case, the judge will issue an arrest warrant. The severity of the crime determines the judge’s punishment, much like sentencing. Arrest warrants give a defendant more motivation to turn themselves in and appear in court. They will also have law enforcement attempting to track down the accused and put them in jail. This is for arrest warrants, however. Bench warrants do not usually require that the police come knocking at your door to arrest you. Instead, the defendant’s name goes into a statewide system that all law enforcement has access to. If you have to deal with the police under any condition, for example, in case you are involved in a motor vehicle accident or stopped for running a red light, you will be taken into custody for the outstanding bench warrant. 

You will be taken into custody where you are able to post bail before you can be released. After you pay bail, you will get another court date and, of course, you should appear so this does not happen again. 

On the off chance that you know or find a bench warrant is out for your arrest, you can call the court you are being requested to be seen at or the police department and arrange to come in and pay the bail. At the point when you pay the bail, the warrant will be recalled without an arrest. Be sure to verify what type of payment is accepted.

In case you have what you consider an emergency and this is why you missed court, they understand that emergencies come up, and things happen. If you have a great reason for why you did not appear in court, you might actually persuade the judge into allowing you to get the bail back or having it credited against your fines and costs by sharing this information.

If you need help with a bench warrant, look to hire a skilled, local criminal defense attorney to assist with dealing with a bench warrant.

Filed Under: Uncategorized

December 13, 2021 by katie m

Common mistakes made when Filing Form I-751

Immigration Attorney

Conditional Permanent Residents who obtained their status through marriage usually file Form I-751, Petition to Remove Conditions on Residence. Along with Form I-751, people usually include evidence of their marriage being in good faith, if they received their conditional green card through marriage. Our friends at the Mughal Law Firm, PLLC have provided some common mistakes that people make when filing Form I-751 below:

Using an older edition of Form I-751

USCIS forms have an additional date and expiry date. It is very important that whenever one sends a form to USCIS they are using the current version of the form. USCIS forms usually list the expiration date of the form on the top right corner of the first page of the form. The edition date is usually listed on the bottom left corner of each page. For the most current version of the form, go to the USCIS website. The USCIS website will say which edition of the form is the current edition, and the USCIS website will also let you download the latest version of the form.

Waiting too long to prepare the filing

Page 1 of the instructions for the 12/02/19 edition of Form I-751 states, “If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires.” This means that you usually cannot file Form I-751 until 90 before the expiration of your green card if you are filing with your spouse. However, because the process of collecting evidence may take a significant amount of time for some people, a person intending to file Form I-751 could benefit from making a plan for what evidence is needed and how to collect that evidence slightly earlier than the 90-day filing window starts. You may want to talk to an immigration attorney a full month before the filing window starts so that you will have plenty of time to make a plan for what evidence you would like to submit, and then go about collecting that collecting that evidence so that you can have all of the necessary evidence as soon as the 90-day filing window starts. 

Not submitting the appropriate fee

USCIS will not accept your Form I-751 unless you provide the appropriate application fee. As of the date this article was written, for most Applicants the filing fee for Form I-751 is 595.00 dollars, plus an 85.00 biometrics fee. Fees to USCIS are payable through money order, check, or credit card. Checks and money orders must be written to “U.S. Department of Homeland Security” written in full without any abbreviations. One can pay through credit card by filling out form G -1450, Authorization for credit card transactions. Filing fees can sometimes change, so it is important to keep up to date with the filing fee.

Filed Under: Uncategorized

December 10, 2021 by katie m

The Deportation Process and Immigrant Appeals

Fighting deportation without help from a lawyer is not an easy feat, which is why you must have legal counsel that is experienced in this area of law. If you get deported, the United States government can prevent you from coming back for at least several years. There are numerous reasons why someone may have received a Notice to Appear (NTA), such as:

  • Their visa has expired due to overstay
  • They are in the U.S. illegally
  • They are working but violated visa terms
  • They helped smuggle other immigrants to country
  • They have committed a serious crime
  • They put incorrect information on an immigration application

If you are facing deportation, you still have certain rights as an immigrant. You do have the option to have a hearing and obtain a lawyer, who can help you get prepared so you have a strong case to show in court. Evidence and testimonies can be influential in showing why you should remain in the country. Furthermore, you have the right to submit an appeal for the immigration court’s decision. 

All in all, the deportation process often goes as follows: 

  1. ICE serves the individual a Notice to Appear (NTA).
  2. The individual will be asked if they need time to hire a deportation lawyer.
  3. If proceeding without legal representation and eligible, the individual can apply for deportation relief.
  4. The individual will have a chance to give testimony and witness statements about their situation, and the judge will make a final decision. 

If you are deported, you will have thirty days from that hearing decision to file an appeal. Your lawyer can help you complete the paperwork before sending it to the Board of Immigration Appeals (BIA). 
If you are at-risk for deportation, contact an immigration lawyer at The Law Group of Iowa today for assistance.

Filed Under: Blog

May 20, 2021 by katie m

Have You Figured Out a Way to Save a Few Hours a Week?

Make Monday a “Prep work” Day:  Use Monday as your preparation day to lay out tasks for the week.  I like to review and modify my to-do list to fly through the tasks for the week.  I like to start with smaller projects and research in order to ease into the workweek and get motivated for the larger tasks on my plate so I can dive into them with grit and determination.

Set Time Limits on Projects: Block off time on your calendar to work on the projects that require your deep attention.  Turn off the ringer on your phone and let your co-workers know you are working on a project and kindly ask them to give you uninterrupted time to work on your project.

Make it a Rule to Prepare These 4 Things Before Going to Bed. 

Lay out your clothes for the following day. Are you going to a meeting? Hitting the gym before work? Just working at home (you still should be getting dressed like the boss you are)? I find I lose valuable time in the morning doing everything from looking for one half of a pair of shoes to discovering clothes were in the dryer instead of my closet.

Prepare your lunch (or everything you need to make it). Doing this means you save an hour potentially (grabbing a fast food lunch is not okay) of lunchtime prep. You can also be sure you’re fueling your body properly with healthy and nutritious food that will sustain and fuel you throughout the day.  

Pack your bag for meetings or tasks you have the next day. I can’t tell you how many times I’ve left a charger, file, or paperwork sitting on my kitchen table.  Valuable time is lost going back to get it or not having it at all. 

Get your desk in shape.  There is nothing like walking into an office to a desk that is in order and laid out for the day ahead of you.  Valuable time is wasted rummaging through a messy desk trying to find notes and files. Spend a few minutes at the end of each day putting things where they belong. Think about the next day’s obligations and what you need for them and have it all good before you end the day. You’ll not only save time, but you will feel awesome when you arrive at work and your desk looks so inviting and ready for success.

Group Your Similar Tasks Together: Going back and forth between projects and answering emails is a time suck and cuts off the flow of the project. We have been trained to answer emails and other forms of communication to the detriment of our own important work.  

Group similar tasks together in batches and do them at the same time. “Chunk out time” to answer emails, set an hour to do your paperwork, and return phone calls.  One of the keys to adding more hours back into your day and saving time is to perfect your workflow, and this is a great way to begin that habit! By setting up these boundaries you can help to make your day run more smoothly just as how a boundary dispute lawyer from our firm would do so for territorial and zoning issues. Good small habits can turn into large and good habits.

Submitted by Audrey Blomquist, Paralegal

Filed Under: Blog

April 13, 2021 by katie m

Legal Protections for Whistleblowers

If I Reported My Employer, Am I Protected as a Whistleblower?

When an employee observes that their employer has done something terrible and perhaps even illegal, he or she may wonder whether it is worth it to report what happened. Many employees may remain silent when their employer has done something wrong, out of fear they will be retaliated against or even fired. Depending on the circumstances, an employee may be protected as a whistleblower under both state and federal law. However, each state may be different in how they define a whistleblower, and what specific actions are protected. Those who want to know more can consult with an attorney who is familiar with various employment and whistleblower state laws. 

What Exactly is a Whistleblower?

A whistleblower is a worker who reports an individual or organization that has engaged in illicit, unhealthy, dangerous, discriminatory, or other behavior that is inappropriate for the workplace. When an employee witnesses something in the workplace either from their boss or coworker that does not feel right, they may contact a hotline to find out if what they saw should be officially reported. 

How do Whistleblowers Officially Report Inappropriate Employer Activity?

In general, an employee can access an anonymous hotline to report any misconduct on behalf of an employee or superior that works at the organization. This report is then forwarded to the proper agency who may investigate the situation or incident more in-depth.

What are Ways that an Employer may Retaliate Against the Worker?

If an employer is suspicious that a certain employee reported the company, they may retaliate in more subtle or obvious ways. While an employee may feel tension between themselves and their employer, awkward feelings are not considered retaliation. Here are some examples of how an employer may seek revenge against a worker for whistleblowing: 

  • Refusing to provide the employee with a deserved reference 
  • Giving the employee an unjust negative reference or unfair yearly review
  • Demoting the employee to a different department or enforcing a pay cut 
  • Changing the employee’s schedule intentionally, to days they know the employee cannot work due to other obligations
  • Suspending the worker without pay
  • Creating a work environment that is newly hostile
  • An employee receives harassment from employer and/or coworkers
  • Being fired from the company at least partly due to being a whistleblower

If I File a Lawsuit, What Kinds of Damages may I be Entitled to?

An employee that is considering filing a lawsuit against their employer for retaliation or wrongful termination for being a whistleblower, may want to meet with an employment litigation lawyer such as Eric Siegel Law immediately. Some employees may simply accept their termination, out of worry that a legal battle will only make things worse. However, a worker may be entitled to financial restitution and the following damages: 

  • Emotional distress
  • Difference in pay between old and new position after being demoted
  • Compensation for newly developed financial hardships, which were caused as a result of the retaliation or termination 

Filed Under: Uncategorized

February 13, 2021 by katie m

IRS Releases Additional Guidance on PPP Loan Forgiveness

The IRS has released new guidance on various aspects of PPP loan forgiveness. Below are summaries of the key provisions.

Revenue Procedure 2020-51 (https://www.irs.gov/pub/irs-drop/rp-20-51.pdf) provides a safe harbor for certain Paycheck Protection Program loan participants, whose loan forgiveness has been partially or fully denied, or who decide to forego requesting loan forgiveness, to claim a deduction for certain otherwise deductible eligible payments on (1) the taxpayer’s timely filed, including extensions, original income tax return or information return, as applicable, for the 2020 taxable year, or (2) an amended return or an administrative adjustment request under section 6227 of the Internal Revenue Code for the 2020 taxable year, as applicable.  For taxpayers that decide to forgo requesting loan forgiveness, the safe also allows these taxpayers to claim a deduction for the otherwise deductible eligible payments on an original income tax return or information return, as applicable, for the taxable year in which the taxpayer decides to forego requesting forgiveness, as an estate planning lawyer, like from Bott & Associates, LTD., can explain.

Revenue Ruling 2020-27 (https://www.irs.gov/pub/irs-drop/rr-20-27.pdf) provides guidance on whether a PPP loan participant that paid or incurred certain otherwise deductible expenses can deduct those expenses in the taxable year in which the expenses were paid or incurred if, at the end of such taxable year, the taxpayer reasonably expects to receive forgiveness of the covered loan.  The revenue ruling also provides guidance if, as of the end of the 2020 taxable year, the PPP loan participant has not applied for forgiveness, but intends to apply in the next taxable year.

Is this confusing? Yes. As Forbes notes, “Like most PPP guidance, the new clarification creates more questions.” However, give us a call about your PPP situation, and we’ll help craft a plan that follows the rules and guidance and leaves you with the best results allowed.

Filed Under: Uncategorized Tagged With: estate planning lawyer

January 12, 2021 by katie m

What Not To Say After a Car Crash


So often we are told what to do at the scene of a car accident. However, have we been sufficiently informed about what not to do? We learn in driving school about the ways of the road and what happens at the scene of a collision, but is there enough emphasis on what not to say or do, so that we are protecting our best interests?

The average person will get into multiple car accidents in their lifetime, whether it be a minor fender bender or a more chaotic collision. After the crash, you are likely to be shaken up, in a state of shock, and frazzled — to say the least! It will be difficult in the moments afterwards to think straight and make decisions based on logic. This is why being informed about what to do, and what not to do, beforehand is so important. 

Do Not Say You Are Sorry or Admit Fault

Anyone who has been in a car accident can attest to how awkward it is. Is the other driver going to start yelling and blaming you? Was anyone seriously hurt? And will it come down to you or the other driver being held responsible? You may have the urge to apologize or something along those lines to appease the situation. Refrain from saying “I’m sorry” or admitting fault, even if you believe you are responsible.

When deciding who is deemed at-fault for the accident, statements made by you and the driver between witnesses or police can be influential forms of evidence. Saying as little as possible after the collision is one of the best things you can do to protect your best interests. 

Do Not Say You Are Okay or Not Injured

After being involved in a serious injury event, our bodies may be in a state of shock, meaning that our symptoms and pains may be disguised until a later time once things have calmed down. Unfortunately, saying you are okay or not injured to the other driver, witnesses, police officer, or insurance company can affect your ability to pursue compensation if you do need medical care later on. 

To ensure your health is taken care of, it is better to visit the doctor so any underlying injuries can be tended to as soon as possible. 

The moments after a car accident can be uncomfortable, but remember that saying less is more effective than anything you could say in your defense. Anyone who is in need of help after a car accident may want to talk with a legal professional, similar to an auto accident attorney in Indianapolis, IN from Ward & Ward Law Firm, as quickly as possible.  

Filed Under: Uncategorized

October 17, 2020 by katie m

Personal Injury Law Firms That Advertise

For many people who suffer personal injuries or wrongful death of a loved one as a result of a workplace injury, traffic accident defective product or medical malpractice, locating a lawyer can be a bewildering experience.  In the case of a car accident, you may be inundated with direct mail solicitations from lawyers and chiropractors seeking your business.  The same goes for airplane crashes.  In addition, every major city has several big budget advertisers who spread the word that they too handle personal injury and wrongful death cases.  These advertisers might be found on TV, radio, billboards, internet, ballpark signs and busses, or a combination of all of these advertising media. Oftentimes, the ads are accompanied by a catchy slogan or jingle to help you remember the firm name when your time of need arises.   Are these big market advertisers worth consideration?  The answer: it depends.

I thought about this topic after reading an article in The Trial Lawyer, entitled The A List: Celebrating America’s Premier Advertising Law Firms.  Surprisingly, none of the big advertisers in my metropolitan area (Cleveland and Northeast Ohio) are even mentioned in the Top 100.      

In my experience, many of the big advertisers are staffed with several high quality lawyers who can deliver first rate legal service to injured clients.  Some, however, are not.  Instead, some firms act as brokers who handle small, run of the mill car accident cases in-house, then farm more complex cases out to other firms.  In return, the broker firms seek a referral fee or co-counseling arrangement wherein a portion of any fee is shared with the broker firm.  This practice can create economic considerations that work against you.

Ultimately, complex personal injury and wrongful death cases, like medical negligence, truck crash, birth injury, product liability and traumatic brain injury (TBI), are expensive to litigate.  The lead counsel will be responsible for advancing the costs of the litigation, which can cost tens of thousands and even hundreds of thousands of dollars.  When a lawyer must share his/her fee, there is incentive to cut corners on costs, possibly by hiring fewer or less qualified experts.  There is also an incentive to turn down cases that may require intensive lawyering, including investigation and fact discovery, or ones that have smaller damages.  Some trial lawyers will only become involved in cases that are catastrophic with a likely recovery in excess of $1,000,000.  In such a scenario, your case can get lost in the shuffle.

The bottom line is that personal injury law firms with big advertising budgets generally are very good at handling smaller, run of the mill car crash cases.  However, before hiring one to represent you for a serious personal injury or wrongful death claim, or a complex matter such as medical negligence, truck crash, birth injury, product liability, burns, electrocution or traumatic brain injury, it would be best to do an extensive Google search or get a personal recommendation, then interview the trial lawyer who will be handling your case in person.

If you have questions about a case contact a medical mistake lawyer, like the attorneys at Mishkind Kulwicki Law Co., L.P.A., to have your questions answered and see if you have a case.  

Filed Under: Uncategorized Tagged With: medical mistake lawyer

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