202-601-3940Common 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.
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:
- ICE serves the individual a Notice to Appear (NTA).
- The individual will be asked if they need time to hire a deportation lawyer.
- If proceeding without legal representation and eligible, the individual can apply for deportation relief.
- 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.
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
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
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.
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.
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.
Getting a Fair Shake with US Immigration Trouble
Let’s say you’re ready to make the monumental decision to immigrate to the United States. These sorts of decisions can absolutely alter your way of life. Coming to the Untied States means entering a new country and accommodating all the complications that accompany such a transition. Yet if you had previously attempted to enter the United States on a visa, and if that application was denied, your citizenship application may be seriously imperiled. That’s why you need a sound legal team to support your attempt at starting a better life. At Washington DC Immigration Lawyers we can help you navigate the complex legal structures to provide you with the guidance you deserve to help you become an American citizen. We work with some of the most experienced and knowledgeable immigration lawyers in Washington, DC.
Visa and green card problems can be some of the most frequent and obstructive forces in immigration law cases. Thankfully at Washington DC Immigration Lawyers we employ a variety of expert immigration lawyers in the Washington, DC area who are well versed in the complications of immigration law in the United States.
On many federal forms, the United States government will ask whether or not you have been ever denied a visa, regardless of how that may have affected previous or subsequent visa requests, or how the government may have decided on other steps you may have taken to enter the United States such as:
- Obtaining a visa to work or study
- Obtaining authorization for permanent, non-citizen residency
- Obtaining authorization to work in a specific industrial sector
- Obtaining authorization to travel outside the United States while maintaining nonresident status
When you encounter obstacles to entering the United States, or to becoming a United States citizen, you need a lawyer who is well versed in immigration case law, legislation, and regulation. As a Washington, DC based immigration law firm, Washington DC Immigration Lawyers employs immigration lawyers who have experience effectively litigating immigration law cases, who are familiar with the federal government and its various bureaucracies, and who have contributed to immigration law jurisprudence.
The United States has been colloquially referred to the as “land of opportunity,” and you deserve the opportunity to enter the United States if you feel as though you poses a reasonably safe personal history. If you need assistance with navigating the United States legal system to as to enter the United States or maintain your residence in the United States, do not hesitate to contact one of the most effective law firms for immigration cases in the Washington, DC area. The experienced staff at Washington DC Immigration Lawyers employs some of the most effective immigration lawyers in the Washington, DC area. Contact us today for a free consultation. We can provide comprehensive assistance to accommodate your concerns.
It’s Election Season, Can You Participate?
Among the most important benefits to becoming a naturalized citizen of the United States is that you gain the ability to participate in American democracy. The right to run and/or vote in American state and federal elections is a special aspect of American society, and a unique benefit that only applies to American citizens. Election season is right around the corner. In most states, and in Washington, D.C., people have already made their ways to polling stations in order to cast their ballots in primary elections. Will you have the opportunity to participate in the decisions that will determine the future alignment of the United States government? If your citizenship application is on hold, or if you are experiencing legal complications on your path to nationalization, you should contact an effective Washington, D.C. immigration law firm.
Voting is one of the most effective ways to voice your opinion on the performance of the United States government, and to express how you believe the government can represent your interests. As a citizen, you will be able to vote on a variety of issues affecting your life at the local, state, and federal levels. Below is a list of just some of the things that you can vote on:
Local Issues
- Mayoral elections
- City and county council elections
- City and county referendums
State Issues
- Governor’s race elections
- State delegate and senator elections
- State referendums
Federal Issues
- Presidential elections or caucuses
- Senate elections
- Congressional representative elections
Voting is the only way to make sure that you and your viewpoint will be adequately represented in government. Yet if you were not born as a citizen of the United States, you cannot participate in these critical components of American democracy, even if you live here. If you have been attempting to become an American citizen, but you have yet to succeed because of complications with your citizenship application or legal status, do not hesitate to contact an experienced immigration lawyer in the Washington, D.C. area.
At Washington DC Immigration Lawyers we have extensive experience in helping our clients reach the important milestones in their immigration processes, and a proven track record of helping our clients become fully-fledged American citizens. Our lawyers have worked for decades in immigration law. We understand the legislation, and are expertly prepared for litigation. We have made significant contributions to immigration law jurisprudence, and we know the ins and outs of the federal administrations that handle immigration.
If you need an expert who is both knowledgeable about immigration law, and who is competent and capable in court proceedings, do not hesitate to contact the best immigration lawyers in Washington, D.C. to schedule an appointment.
