How to still expedite an H1-B Visa

What does the H1-B Work Visa change mean for you and/or your company?  It means that, beginning April 3, 2017 and possibly for the next six months thereafter, you can no longer pay the $1,225 fee to have the H1-B expedited in fifteen (15) days.  Beginning April 3rd, you will have to wait several months along with everyone else.  This means you could be waiting for an answer on your petition for anywhere from and estimated three (3) to twelve (12) months.

Despite this, here may be an exception for you to have the process expedited, after all.  Per USCIS.gov,

USCIS review​s​ all​ expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.​ The burden is on the applicant or petitioner to demonstrate that one or more of the e​xpedite criteria have been met.​​

​USCIS may expedite a​ petition or application if it meets one or more of the following criteria:​

·         Severe financial loss to company or ​person​;​

·         Emergency situation;​

·         Humanitarian reasons;​

·         Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States​;​

·         Department of Defense or ​n​ational ​i​nterest ​s​ituation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);​

·         USCIS error; or​

·         Compelling interest of USCIS.​

If you believe you may fall into one of the above categories, or if you need the get your petition filed prior to the April 3rd deadline, the attorneys at Hadley Law, PLC can help you request your expedition.  Call us at 757-498-1800 or email us at admin@hadleylawplc.com to set up an appointment. 

What to Wear to Court

You want to look nice, but do not need to be overly "dressed up". 

If you are a man, nice slacks or khakis with a button up and/or collared shirt is usually fine. Some situations will warrant a tie and/or suit.  Ask your lawyer if you are unsure. Shave. If you have a beard, keep it trim. 

Women can wear dresses, skirts, or slacks with a nice blouse. A cardigan and simple jewelry can give a wholesome look. Wear simple make up and do your hair. You should wear pantyhose with your skirt; it may sound archaic, but keep in mind some judges have been around for quite a while and expect a certain decorum in their courtrooms. 

Do NOT wear: 

• sandals or flip flops
• mid-riffs or halter tops
• uncovered spaghetti straps
• shorts or short skirts
• t-shirts with offensive language
• pajamas and/or slippers

Take out facial piercings and cover your tattoos. The purpose of this is not to stifle your uniqueness, but rather because you never know who you may offend and YES, you are being judged.  That is why you are in court in the first place! Even if just to be a witness, YOU ARE BEING JUDGED!!!

Ask your lawyer if you have any specific questions or concerns. And remember that you cannot take your cell phone into the courthouse.  Some Courts will allow you to put your phone in a locker, so bring quarters and check with the clerk ahead of time if you need your cell phone for evidence purposes. 

What to Wear to Court

You want to look nice, but do not need to be overly "dressed up". 

If you are a man, nice slacks or khakis with a button up and/or collared shirt is usually fine. Some situations will warrant a tie and/or suit.  Ask your lawyer if you are unsure. Shave. If you have a beard, keep it trim. 

Women can wear dresses, skirts, or slacks with a nice blouse. A cardigan and simple jewelry can give a wholesome look. Wear simple make up and do your hair. It may sound archaic, you should wear pantyhose with your skirt.but keep in mind some judges have been around for quite a while and expect decorum in their courtrooms. 

Do NOT wear: 

• sandals or flip flops
• mid-riffs or halter tops
• uncovered spaghetti straps
• shorts or short skirts
• t-shirts with offensive language
• pajamas and/or slippers

Take out facial piercings and cover your tattoos. The purpose of this is not to stifle your uniqueness, but rather because you never know who you may offend and YES, you are being judged.  That is why you are in court in the first place! Even if just to be a witness, YOU ARE BEING JUDGED!!!

Ask your lawyer if you have any specific questions or concerns. And remember that you cannot take your cell phone into the courthouse.  Some Courts will allow you to put your phone in a locker, so bring quarters and check with the clerk ahead of time if you need your cell phone for evidence purposes. 

Obama's Immigration Reform: Deferred Action and the Dream Act

What exactly do the new immigration policies announced by President Obama do? Several things, each of which is summarized below:

Deferred Action for Parental Accountability (DAPA) The new policy announced by President Obama allows parents of either U.S. Citizens or Lawful Permanent Residents who have lived here since January 1, 2010 and have children born on or before November 20, 2014 to apply for employment authorization.  This policy does not apply to national security or public safety threats.  If you fit in to this category, USCIS should begin accepting applications in May or June 2015.  

"The Dream Act" (Deferred Action for Childhood Arrivals [DACA]) Beginning in February or March 2015, individuals born prior to June 15, 1981, may apply for DACA (removing the upper age restriction) provided they meet all other guidelines. To qualify you must have continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.  The new policy also extends the deferred action period and employment authorization to three years from the current two years.

High Cost Citizenship Fees  Want to become a U.S. Citizen?  Many green card holders are eligible for citizenship but cannot afford the fees.  The new policy makes this easier in that people will be able to pay their naturalization fees by credit card and UCSIS will look into a potential partial fee waivers.  The idea behind this is that it will promote the naturalization process (and probably also to help the Department of Homeland Security pay for the new fee structure the policy hopes to implement for ICE enforcement officers).

Provisional Waivers  The policy also expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.

Immigrant Visas for U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers  UCSIS is ordered to finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status; work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law; provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

If any of these apply to you, an experienced immigration attorney can help you through the process.  Call Hadley Law, PLC at 757-498-1800 to set up an appointment to discuss your case.  USCIS reviews applications on a case-by-case basis.  Make sure your's is reviewed in the light most favorable to you!

Property Separation Agreements: Avoiding the Messy Divorce

Divorces are difficult and often messy. Having a separation agreement drawn up prior to divorce proceedings can make an emotional and tense process much more smooth.

In Virginia, there is no such thing as a “legal separation.” Instead, you can hire an attorney to draft what is essentially an agreement or contract between the two parties, specifying the terms of the separation and division of property and other assets. This most often includes bank accounts, retirement funds, military pensions and benefits, vehicles, houses, and even joint debts.

 Where there are children, the parties can work out the terms of custody and visitation, as well as child support, medical insurance, life insurance policies, and retirement benefits. As one might guess, this is usually done in anticipation of future divorce.

For a no-fault divorce in Virginia, there is a statutory separation period of one year before a person can file with the courts. However, if the husband and wife have a separation agreement and there are no minor children (ie. Under the age of 18), they can file after only a 6-month separation period. If there are minor children, the separation period of one year is required, but a separation agreement between the parties becomes a contract, and can be incorporated into the final divorce decree, leaving fewer issues to have to argue about. If necessary, one party can take the other to court for breach of that separation agreement.

Separation agreements can sort out most of the details of a divorce beforehand, and can help create a more amicable, and cheaper divorce process.

If you have questions or would like assistance in setting up a separation agreement between you and your spouse, please give Hadley Law, PLC a call at (757) 498-1800, or email our office at info@hadleylawplc.com. One of our attorneys would be happy to consult with you regarding your case.

About the Author: Sarah V.L. Castleberry is an attorney at Hadley Law, PLC in Virginia Beach, Virginia. She is barred in New York and Virginia.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Child Relocation

The Hampton Roads is a very transient area, especially with of the high military presence in the area. This naturally leads to having to relocate families and children.  This is not so easily done, however, in situations of split families where one parent is remaining in the Commonwealth.

Pursuant to Va Code § 20-124.5, every child custody order in the Commonwealth of Virginia must include a notice that each party is to give the other party 30 days notice of any relocation.  One of the intents behind this notice is to allow the non-relocating party time to file with the court to bar the relocation of the minor child who is subject to the order.

If, for example, a custodial mother wants to relocate the child out of the state and away from the non-custodial father, she has a burden of proving that the move would be in the best interests of the child.  There is also a further burden of proving that the relationship and visitation with the father would not be hindered by the move.  This is a difficult burden to overcome, especially in cases with a non-custodial parent who is extremely active in the child’s life.

At Hadley Law, PLC, we are experienced with child relocation cases.  Call (757) 498-1800 to set up an appointment to discuss the particulars of your case and what needs to be done to fight it through the courts.

Uncontested Divorce- How to Avoid Going to Court

Beginning July 1, 2012, the Virginia Code allows for certain uncontested divorces to be done by written depositions.  These depositions must be signed and notarized by one party to the case and one witness.  Then, the depositions are submitted to the court in lieu of a party and witness having to appear in person. 

This is a great option for someone who does not like going to court (which is most people).  It is also beneficial in that you do not have to take a day off work nor sit and wait in a stuffy courtroom only to have everyone else waiting in the courtroom hear your business when your turn comes.

If this is something you are interested in, contact the team at Hadley Law, PLC at 757-498-1800.  We handle uncontested divorces and will do written depositions for your case, if your case qualifies.