27 Haziran 2012 Çarşamba

Proposed stateside waiver Q&A - USCIS

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"USCIS to Propose Changing the Process for Certain Waivers

Introduction

On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States. Currently, spouses and sons and daughters of U.S. citizens who have accrued a certain period of unlawful presence in the United States, and have to leave the country as part of the legal immigration process, are barred from returning to their families for as long as 3 or 10 years. They can receive a waiver to allow them to return to their families by showing that their U.S. citizen family member would face extreme hardship as a result of the separation. This proposal would streamline the processing of these individuals’ waiver applications based on unlawful presence; USCIS proposes to process their waiver applications in the United States before any American family faces separation. The process would only apply to immigrants who are eligible for a visa.

Read more at http://www.lexisnexis.com/community/immigration-law/blogs/inside/archive/2012/01/06/proposed-stateside-waiver-q-amp-a-uscis.aspx

25 Haziran 2012 Pazartesi

What to wear to your immigration appointment

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Let's talk fashion for a minute.  Yay!  (Yes, I keep Vogue in my waiting room and am never without a pair of giant heels--you've found me out!)  But this is actually about immigration fashion--specifically, what to wear to your interview, court appearance, etc.  I get this question all the time from my clients, and I'm sure there's probably someone out there googling this as we speak, so I'm here to help.

First, let's take a minute to think about why this is important at all.  Maybe you're thinking (or, more likely, since you're reading this, your spouse is thinking and you're trying to come up with arguments to convince him or her to dress up a bit) that it shouldn't matter--that you shouldn't be judged on how you're dressed, but on what you say and the documents you present.  True.  But think of this like a job interview, and remember the cardinal rule of job interviews--most decisions are made in the first 30 seconds.  You have a limited window to make a good first impression, and so you want to come across as the best version of yourself.  You don't need to dress as if you're someone you're not--so if you would never wear a suit in real life, don't feel like you need to go out and get one for this process (and when you get there, see if you can spot the one guy--there is always one--who borrowed his much larger brother's suit, and has paired it with white gym socks for the occasion). You want to look like you're comfortable in what you're wearing, but as if you have made an effort--which you have, of course.  It's an important event, so dress accordingly.

Now, a few specific tips.  Please skip heavy perfumes, since the offices tend to be tiny and poorly ventilated.  Avoid anything skin-tight or low cut, and do a check to see if you're comfortable sitting in whatever you're wearing--you will be in a chair with your lap exposed, and the officer would prefer not to see too much of your thighs!  If you have to fidget with it, leave it at home--you'll have enough on your mind without having to constantly readjust your scarf, or checking that your dangly earrings are still in place.  The officers tend to be fairly conservative in their style of dress (think flat, rubber soled shoes, polyester slacks, and lots of cardigans), so if you tend to be more flashy, try to tone it down just a bit so they're not so distracted by what you're wearing that they forget to listen to what you're staying.  Still, your style is a reflection of who you are, so don't go too far in the opposite direction--if you and your husband say that you met at a biker convention and all your photos show you in leather jackets, but you show up in a floral print dress last seen on one of the wives in Big Love, you might raise some eyebrows!

I tend to dress differently for court than for interviews with USCIS, and I notice that my clients do, too.  I think that's a reflection of the setting--even though most immigration courts are fairly dreary, administrative-type places, the judges do wear robes, and the lawyers all tend to be in dark suits.  If you're a man, a tie is a nice touch, and for women, I prefer if you stay away from jeans; if you have nothing else in your closet, go with your darkest, dressiest pair (no rips or embellished pockets if you can avoid it).  Keep your jewelry on the small side--now's the time to remember Coco Chanel's old adage about taking one thing off before you leave the house.  Stay away from things that make a lot of noise when you move--bangle bracelets, for instance, can be really distracting in court.  You'll probably be sitting for a long time, so be sure to be comfortable, and if you can, avoid fabrics that are going to wrinkle instantly--if you're between a linen skirt and one made of rayon, today's the day to go with the rayon!

Dark colors read as more serious than brights, which is important for court but less so for interviews, where you may want to express a bit more of your personality in your clothing.  Avoid expressing your personality through words on your clothing, though--stay away from tee shirts with slogans.  It's too easy to be reduced to whatever will fit across your chest, and really, you want the officer to understand that you're a complex, real person.  For the same reason, stay away from athletic jerseys (which can be polarizing to someone who is a supporter of your rival, as well as generally looking too casual), concert tee shirts, or what I'll call "patriotic" clothing--your flag tee shirt can stay in the closet for this trip!

That said, if you or your partner are from a country with a distinctive traditional dress, feel free to wear that clothing if it is what you usually do.  But if you're going to feel like you're in costume, or self-conscious about people staring at you, skip it in favor of something more neutral that you feel comfortable in.  The same goes for religious garments--if you traditionally wear religious garb, don't feel that you need to hide that.  The one note of caution I have is if you are attending an asylum interview--make sure that whatever you're wearing is consistent with your statement.  Asylum officers have a lot of training, and a fairly sophisticated understanding of regional and cultural norms of dress, so if you're claiming to be one thing, don't wear clothing that suggests you are in fact something else.  I had a case early on in my career with a young man who claimed to be an innocent victim of a particular gang; I was surprised when the officer was so skeptical of what I thought was a credible story, until she pointed out that what I thought were just ordinary, if fairly low-quality, tattoos were actually gang signs signifying his membership in the very group he claimed was persecuting him.

If you have questions about what to wear, or what not to wear, or anything else immigration related, please feel free to be in touch.  Good luck to you!

Problems Reentering as a Permanent Resident

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I chose this picture of a funny old clock from Heidelberg, Germany for two reasons.  First, because if I were a permanent resident and wanted to live outside of the US for a while, Heidelberg might be a pretty good place to pick--it's a fantastic little city with loads of history and a charming, old-world feel.  And second because, if I were a permanent resident and planning to live outside of the US, I'd want to be always watching the clock: time is of the essence in international travel.

Here are the basic rules:  stay outside of the US for more than a year, and you're going to be deemed to have relinquished your permanent resident status (the way around this is to file for advanced permission to return to unrelinquished domicile, Form I-191, which you can find at the USCIS website here. Be sure to read the instructions carefully, and consider contacting an immigration attorney for help with this process, because it can have a big impact on your future plans.

Even if you stay outside of the US for less than a year, you need to be careful about what message you are sending to USCIS by your departure.  Here are some things that are considered by immigration officers in evaluating whether to admit someone as a permanent resident after a  long absence from the US (although there is no hard and fast rule, 6 months is a good estimate of when an absence becomes "long").


  • Whether the visit abroad was intended to be temporary: 
    • It's for a specific event, which is fixed in time (a conference, a social event, etc)
    • It's for something that will likely resolve itself within a certain period of time (visiting a sick relative, etc.)
  • Whether the person has the continuous intention to return to the US at the end of the stay abroad, considering
    • Family ties
    • Property in the US
    • Business in the US 
This analysis typically takes place at the port of entry--the airport or other border checkpoint where the returning alien first attempts to enter the United States.  For this reason, the analysis is often incomplete, and the person will be referred to immigration court, where the case can be argued on its merits.  To avoid the stress and expense of having to appear in immigration court, it's a good idea for permanent residents traveling abroad to keep an eye on the clock, and to carry documentation regarding the purpose of the visit in your carry-on baggage, in case you are questioned while you're traveling. 
And, of course, this is a good time to consider applying for citizenship if you're eligible--US citizens breeze through those pesky airport checkpoints, with no questions about how long they've been outside of the country.  
If you have questions, please do not hesitate to contact me at christina@cruddenlegal.com. 

Hardship Waiver Information

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First, a big word of caution on this topic:  YOU NEED A LAWYER! Do not try to handle your hardship application yourself!  There are a few reasons for this, but the biggest reason is that you cannot be impartial in judging the strengths and weaknesses of your own case, and you need someone you can trust who will be able to do that for you.  Take your time to find someone you feel comfortable working with, because you will be spending a lot of time with that person, and you'll be sharing a lot of personal information.  Once more, before you go much further, make a committment that you will find a lawyer to help you with this--it's too important an opportunity to take a risk by going DIY.

Now, with that said, there are a few things you should know about hardship waiver applications.  I'm using the term "hardship waiver" as a shorthand for waivers filed on Form I-601 and I-212; I'm not going to talk here about the reasons you might need such a waiver, since recognizing the need for a waiver is very fact specific and one of the reasons you need a lawyer in the first place.  But if someone has told you that you do need a waiver (most commonly, the officer at your adjustment of status interview, or the consular officer when you went for your consular interview), here are some things you should know.

First, there is an excellent resource about the I-601 Waiver process by Texas attorney Laurel Scott here.  This provides a terrific overview of the hardship factors, and some fantastic insider advice about which hardship factors to emphasize in preparing your application. If you want to learn more, read the full article--it's long, but comprehensive and written in language that makes it accessible to everyone.

Second, get comfortable with uncertainty.  Any time you are requesting a form of discretionary relief, like a waiver, certainty goes out the window.  Processing times at any consulate other than Ciudad Juarez, where there is a special program for processing these applications, vary wildly, and applications filed with the local office following an interview can be in limbo for months, even years.  If you are filing with the local office, remember to renew your employment authorization document exactly three months before your card expires--I recommend filing online to save time--and know that you will not be able to travel abroad while your case is pending.  You can check your status in person by scheduling periodic Infopass appointments, but do not schedule less than 90 days from the last contact you had, or you'll be told that you need to wait.  After filing, you may get a request for additional evidence, which you will need to respond to within the allotted time--it may ask for very specific or very general information, but whatever is being requested, try to be as responsive as possible.

Third, be as specific as possible.  Your hardship waiver application is based on "extreme and unusual hardship," and proving that what you and your family will experience is different from what any person going through the same thing would experience is the key to a successful application.  Many people, especially US citizens, believe that the fact that they will be separated from their spouse at all constitutes an extreme hardship--and, really, it does.  Immigration law is not fair, and it is especially unfair to US citizen family members who are penalized along with the immigrant who committed the misdeed.  But in order to succeed in this process, you need to get beyond your initial feelings of injustice and focus on the unique ways in which this situation will be challenging for you.  Remember, everyone who is filing the application is facing the possibility of being separated from his or her spouse.  A helpful exercise is to think of a typical week in your life.  Maybe you have childcare responsibilities, or you care for an elderly relative; perhaps you attend school part time and work full time.  Think of the things your spouse does to help you manage these activities: does he or she drive you to visit your sick mother, or pick up the kids from school, or take care of the housework so that you can do your schoolwork in the evenings?  What would happen if he or she were not around to do these things?  Make a list of all the areas of your life that would be impacted, and be sure to provide supporting documents about each one.

This is where we meet at my office. 
Finally, sit down with your lawyer to draft an EXCELLENT hardship statement.  Your statement will be several pages long, and will introduce the person reading it to your family in a way that makes your experience real and unique for that person.  This is the most important part of the process, and this is where the real work is done.  You will go through several drafts of this statement, and you'll use it to decide which supporting documents to submit, because you'll want to be able to back up what you say here.  The hardship statement will be moving but not sentimental, powerful but not maudlin, and overall, a powerful piece of testimony that will allow the officer to understand exactly what you will experience if your spouse's waiver application is not approved.

Please do not hesitate to contact me if you would like to discuss this process further, or if you need representation in a waiver application.  I wish you the best of luck, and as always, you can reach me at christina@cruddenlegal.com


How to prepare an immigration packet for submission to USCIS

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Rather than talking about a specific application or petition, I'd like to give you some general suggestions on how to get your packet ready to submit to USCIS.  Whether you are filing an I-751 Application to Remove Conditions or an adjustment of status packet, there are a few things that you should keep in mind as you are preparing your documents for submission.

1.  Use the www.uscis.gov for downloadable, fillable PDF forms.  There are plenty of websites that will charge you for forms, or where you can find outdated versions of the immigration forms, but USCIS.gov is your best resource for free, fillable copies of all of the most up-to-date immigration forms.  Be sure to save a copy of your completed form for your records.

2.  Follow the form instructions carefully.   The forms at www.uscis.gov each come with a set of instructions that detail exactly how the forms should be completed, as well as listing the documents that are required to be submitted with the forms.  Use the instructions as a checklist, and make sure you have everything that is requested; otherwise, you'll be asked to provide information later, and this can delay the processing of your case.

3.  NEVER send originals of biographic documents (birth certificate, passport, naturalization certificate, marriage certificate, etc.) unless you are specifically requested to do so.  Instead, make a clear, color copy and submit that with your application.  When you are copying a passport, unless otherwise indicated, you should make a copy of the front cover, the biographic page (where your photo is) and any stamped pages, including the page where your visa is placed.  Also be sure to copy your I-94 card, front and back, whether or not it is attached to your passport. If you entered on the Visa Waiver Program you may not have an I-94, but you should copy your entry stamp.

4.  The only original documents you should submit are as follows:

  • Passport photos (check the form instructions to determine how many are needed)
  • Sealed medical exams (if required, as in adjustment of status cases) 
  • Signed translations of foreign-language documents 
  • Affidavits from friends and family to support your case, if required
5.  Make a cover letter listing exactly what is being sent. This helps you to organize the documents, and to make sure you're not missing any thing from your packet.  Here's an example that's based on my cover letter for a marriage-based adjustment of status case (the one I actually use is slightly different since I am filing on behalf of a client):  
December20, 2011
Via Certified MailUSCIS PO Box 805887Chicago, IL 60680-4120

RE:      Adjustment of StatusPetitioner:     «Petitioner»Beneficiary    «Beneficiary»FileNo.:         «A_Number»
Dear Sir orMadam:
In support of theabove-captioned matter, please find enclosed the following documents.
      1. Form I-130
      2. Form I-485 with filing fees
      3. Form G-325 (2) for Petitioner and Beneficiary
      4. Form I-765
      5. Form I-864 or I-865 EZ
      6. Form I-864 for co-sponsor
      7. Form I-864A
      8. Copy of Petitioner’s birth certificate, with translation
      9. Proof of Petitioner’s US citizenship
      10. Copy of Beneficiary’s birth certificate, with translation
      11. Complete copies of all current passports with I-94
      12. Copy of marriage certificate
      13. Copy of children’s birth certificates
      14. Copy of all divorce decrees
      15. Copy of 2010, 2009, and 2008 tax returns from Petitioner
      16. Two (2) passport photos of Petitioner and Beneficiary
      17.  Sealed Medical examination
   Ifyou should require any further information, please do not hesitate to contactme. Thank you inadvance for your time and attention to these materials.
Very truly yours,


YOUR NAME 
6.  Make a copy of your submission, including the passport photos and the check or money order for the filing fees.  Check the form instructions to determine who the check should be made payable to, and follow that carefully--don't use abbreviations, and be sure the check is signed and dated before you seal the envelope. 
7.  Write your name and A# on the back of your passport photos, and in the Memo line of the check or money order.  If the passport photos are in a sheet, be sure to cut them into individual photos before sending.  I usually staple my passport photos and check to the cover letter so that they don't get lost in the envelope, but you can also use a binder clip or paperclip.  I don't recommend leaving them loose in the envelope, since the forms are processed in a large facility that handles hundreds of applications.  Whatever you can do to minimize the chances that your documents will become separated is worthwhile. 
8.  Most immigration lawyers use US mail to send things to USCIS, rather than FedEx or UPS.  I always send things via certified mail (without the request for a return signature), just so I can see that it arrived if I don't get a receipt within 3 weeks.  It's not strictly necessary, but it does give you peace of mind to know that your package has arrived, which is probably worth the 3 extra bucks.  
9.  Make a note of when you sent the forms, and, if you haven't received a receipt notice within 3 weeks from that date, check your certified mail receipt to ensure that the package arrived.  If it didn't, check with your post office to determine whether it was returned for some reason.  
10.  Remember that you need to update USCIS immediately if your address changes.  You can complete the change of address form online at https://egov.uscis.gov/crisgwi/go?action=coa .  In the meantime, make sure to have your mail forwarded, and use your receipt notices to check the USCIS website periodically to make sure  that nothing has been mailed to you since the move.  
If you have questions, or if you find that you would prefer to be represented in your immigration case, please do not hesitate to contact me at www.cruddenlegal.com, or by email to christina@cruddenlegal.com.  Best of luck to you!  

How to Get your Arrest Record for Immigration

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If you have ever been arrested anywhere in the world, you'll need to provide USCIS with a certified copy of the disposition of the arrest with most applications.  Leaving aside the very important questions of what impact your arrest might have on your case, which is something you should talk to an immigration attorney about (you can contact me about this at christina@cruddenlegal.com), here are few tips that should help you locate the actual records.

First of all, for most foreign arrests your best bet will be to have someone who is still in the foreign country get the records for you, in person, and send them to you by mail.  Have the person scan and email, or fax, a copy of the original, and, if possible, get two originals certified at the same time in case something happens to the first one.  If you had a lawyer for your original case, that's a good person to contact to get the records.  Otherwise, someone who lives in or near to the town where the arrest took place should be able to find the records for you.

For any record, the copy must be CERTIFIED.  This means that it must have the seal of the court on it.  USCIS wants to see a raised seal.  Not all court officials (you'll usually be dealing with someone at the office of the Clerk of Courts) understand this, and will try to give you a regular copy to save you money--there's usually an extra charge for the sealed copy.  The seal is important, so be sure that it's on there.  Some courts now keep their records online, which is great for most purposes, but not for this. You need the certified copy.

If the place where you were arrested is the same place you're now living, it's easy to go to the place where the records are kept (and to find out where this is, google "criminal records" and the name of the place you were arrested.  Then look for the listing that ends in .gov, which designates the website of a government office.  That's where you want to look for the contact information, NOT one of the many services that will charge you for these records.  They're public records, so the only fees you should have to pay are those set by the court to cover their administrative costs.  Most courts charge between $10-15 for certified records.  Court websites can be a maze of information, so if you can't find what you're looking for easily, look for a number for the clerk of court.  Call that person, explain what you need, and ask where you can find it.  The person may direct you to another department, where you'll have to explain again, but if you're friendly and polite you'll get the information you need, with instructions on how to order the records.  There may be a specific request form you'll have to complete and either mail or fax to the court, so be sure to ask how they would like it to be delivered--not all courts will accept forms by fax, but some will.

Some courts will bill you before sending the records, while others will send you an invoice when the records are sent.  In either case, the court has specific rules about what types of payment are acceptable.  Be prepared that many courts will not accept a personal check, so ask before you send your payment.   If possible, order two copies, so that you have one for your own records after you submit the original to USCIS.

Once you have the record, check the form instructions to determine whether USCIS wants you to submit it with the application, or whether they want you to bring it to the interview.  In most cases, the original will be submitted with the application, but do check before you submit it. If you are submitting an original document, it's a good idea to include a cover letter listing the evidence that is being submitted (for example:  1. Application with filing fees. 2.  Copy of marriage certificate  3.  ORIGINAL Certified Court Dispositions).  That way you, and the officer reviewing your file, know what was sent.

Make sure you have certified dispositions from ALL arrests.  Even if the charges were dismissed and you never went to court, make sure you have a certified letter from the court saying that.  If your record has been expunged, you may not be able to get a complete copy of the record, but the court should still be able to provide a letter explaining that the requested record is unavailable because it has been expunged.  Talk to your immigration attorney about whether it is appropriate to submit other records about what happened.

If you're going to an interview with someone, like a spouse or a parent, who is unaware of the arrest, be sure to talk to that person about it first.  It will come up at the interview, and it will be uncomfortable if this is the first time your spouse is hearing about your arrest record--not to mention that it may make USCIS skeptical about the bona fides of the relationship, since one of their (erroneous, I think) assumptions is that "real" couples share everything with each other, and would know about any arrest record already.

And, as always, if you have questions about this, you can feel free to contact me at www.cruddenlegal.com, or by email to christina@cruddenlegal.com.


24 Haziran 2012 Pazar

Risk Management: American Muslim response to House committee hearings

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U.S. Department of Homeland Security Official ...
U.S. Department of Homeland Security Official Seal Websafe Colors (Photo credit: Wikipedia)
From: U.S. Department of Homeland Security <departmentofhomelandsecurity@govdelivery.com>
Date: 06/22/2012
Subject: Statement for the Record of Principal Deputy Counterterrorism Coordinator John Cohen for a House Committee on Homeland Security hearing titled “The American Muslim Response to Hearings on Radicalization within their Community”
You are subscribed to Testimony for U.S. Department of Homeland Security. This information has recently been updated, and is now available.Statement for the Record of Principal Deputy Counterterrorism Coordinator John Cohen for a House Committee on Homeland Security hearing titled “The American Muslim Response to Hearings on Radicalization within their Community”06/20/2012 07:00 AM EDT
Principal Deputy Counterterrorism Coordinator and Senior Advisor to the Secretary John Cohen addresses the Department of Homeland Security’s efforts to counter violent extremism.
  • US Lawmaker Defends Hearings on American Muslims
  • Lawmaker: Why No Hearings on Radical Christians, Too?
  • Congressman Al Green: 'Why Not Have a Hearing on the Radicalization of Christians?'
  • Rep. King to hold yet another 'Muslim radicalization' hearing
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The 2012 Elections: Bain Capital and Outsourcing

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Jim --

The Washington Post reported this morning that "Mitt Romney's financial company, Bain Capital, invested in a series of firms that specialized in relocating jobs done by American workers to new facilities in low-wage countries like China and India."

This is the same guy that goes around the campaign trail talking a huge game about being able to protect American jobs by standing up to foreign countries like China. But now we know that Romney and his partners made millions while sending American jobs overseas.

This is a critical point, and we need to make sure everyone knows it. Check out this video I recorded today, and share it far and wide:

Video: Outsourcing
Share on Facebook    Share on Twitter    Share via Email   
Romney's support of outsourcing didn't just happen in the private sector. As governor of Massachusetts, he vetoed legislation that would have banned companies from shipping state jobs overseas -- and he actually outsourced state jobs to a call center in India.

In contrast, President Obama has a jobs plan that could put up to a million people back to work -- including teachers, cops, firefighters, construction workers, and veterans -- help small businesses create jobs right now, and help to put an end to American jobs being shipped overseas. He's also fighting for tax breaks for companies that bring jobs back to America.

Mitt Romney is fighting for tax breaks for companies that ship jobs overseas -- the type of companies he ran in the private sector.

This isn't just a policy position for Romney, it's his economic philosophy -- and it's his record.

Read the article, watch the video, and share them both far and wide -- doesn't get a lot more important than this one:

http://my.barackobama.com/Romneys-Record-on-Outsourcing-Video

Thanks,

Stephanie

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HR: "Skinny" discrimination at the fitness centers?

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English: Shawn Rene Zimmerman Celebrity Health...
English: Shawn Rene Zimmerman Celebrity Health & Fitness Expert, Celebrity Trainer, Celebrity Exercise Science Specialist, Celebrity Exercise Physiologist, Celebrity Nutrition Specialist, Celebrity Sports Medicine Specialist, Voted The Top 100 Fitness Models in The World, International Fitness Magazine Cover Model, International TV Fitness Expert & Model, National Fitness Champion, World Champion, Motivational & Life Coach (Photo credit: Wikipedia)
http://www.nydailynews.com/life-style/health/gym-bans-skinny-people-fitness-centers-move-create-friendler-environments-larger-size-clientele-article-1.1098725#ixzz1yLhwZtbT

http://www.theprovince.com/health/Body+Exchange+provides+safe+fitness+haven+plus+size+women/6754386/story.html

http://www.square1club.com/

Looks like reverse discrimination to me.


  • Canadian Gym Wrongly Bans Skinny People Because They 'Bring Down Morale'
  • 'Plus-Size Friendly' Gym Bans Skinny People
  • Vancouver gym bans skinny people
  • Ban Those Skinny Bitches From My Gym!
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HR & Higher Ed: My Law Books

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The Handbook for Student Law for Higher Education Administrators is a practical tool, intended for administrators dealing with students in higher education, focusing principally on four-year institutions. Addressing the ever-developing relationship between higher education and the law, the book will provide the academic administrator with the means to knowledgably and confidently navigate the many legal threats and challenges facing colleges today. Using examples from real cases and scenarios from different institutions, the handbook provides sample policies, checklists, and advice that administrators can apply to a wide variety of situations, both preventatively and proactively. Also included are relevant 2008-09 amendments to the Americans with Disabilities Act and the Federal Educational Rights and Privacy Act, and each chapter includes a section on the impact of the Higher Education Opportunities Act of 2008. The Handbook for Student Law for Higher Education Administrators is a compendium of practical knowledge and guidance, useful for any administrator dealing with the legal minefield that is higher education.
Buy it here:  http://www.peterlang.net/index.cfm?event=cmp.cst.ebooks.datasheet&id=54125&concordeid=310742

EMPLOYMENT AND LABOR LAW is comprehensive introduction to employment and labor relations law. Case law excerpts throughout the book illustrate how labor-related disputes arise and get resolved in the courts, while chapter features like The Working Law and Ethical Dilemma demonstrate how labor legislation and ethical decision-making impact companies today. Complete with the most up-to-date information on the ADA Amendments Act, ERISA Amendments under the Obama Administration's 2009 economic stimulus plan, the Lilly Ledbetter Fair Pay Act, and much more, no other book combines such balanced coverage with an accessible, reader-friendly approach.
Buy it here: http://academic.cengage.com/search/productOverview.do?N=%2014%204294922453&Ntk=P_Isbn13&Ntt=9781439037270

Buy it here:  http://www.aspenpublishers.com/Product.asp?catalog_name=Aspen&product_id=0735582033&cookie_test=1&utm_source=GAN&utm_medium=affiliate&utm_content=AspenPublishers&utm_campaign=k186085
Employment Law Answer Book: Forms & Worksheets is designed to provide employers, human resources managers, lawyers, and professionals who need current information about employment law with a comprehensive set of tools to place the resolution of critical HR issues at their fingertips. The exhibits include sample HR policies, official government forms and guidelines, and checklists.
This practical resource is designed to be used along with Aspen's Employment Law Answer Book - The arrangement of the chapters in Forms & Worksheets follows closely that of the Answer Book.
Many of the exhibits are also available on the BONUS CD-ROM so that you may customize the forms and documents for your particular plan or company.

Buy it here: http://www.amazon.com/Employment-Law-Answer-Book-2008/dp/0735578508/ref=sr_1_10?ie=UTF8&qid=1340533093&sr=8-10&keywords=castagnera



Description

This complete, fully indexed, and cross-referenced legal guide to termination of employment contains the laws, forms, case summaries, policies, and procedures that employers need to know. It includes federal laws and regulations; state-by-state coverage of statutes and court rulings; practice and procedure tips and guidance; plus forms, sample letters, and practice aids. Termination of Employment Report Bulletins, a monthly newsletter, accompanies this work and keeps you up to date on changes and interpretations of state and federal cases, policies, and procedures.

Features

  • Contains tips on procedures that protect employers at every step of the employer/employee relationship
  • Includes strategies to block employee lawsuits before they start
  • Inspires confidence at every step—from prehiring to severance package—that actions conform to legal guidelines
  • Monthly newsletter keeps you up to date on all changes and interpretations resulting from recent state and federal cases
  • Specific content is easily accessed

Buy it here:  http://store.westlaw.com/termination-of-employment/10278/17414737/productdetail?

Description

This work shows how to effectively administer policies and handle human resources (HR) problems. It offers guidance on improving workforce quality and productivity, managing diversity, avoiding termination lawsuits in discharge procedures, dealing with telecommuting, e-mail, and Internet policies, achieving success with alternative dispute resolution, and dealing with substance abuse, smoking, and AIDS security issues.

Features

  • Assures that you remain up to date on new developments in the workplace
  • Shows how to quickly and confidently administer HR policies and handle workforce problems

Buy it here:  http://store.westlaw.com/policies-practices-hr-series/10351/17414684/productdetail






  • Business owners and HR professionals unhappy with current employment law
  • European Employment Law: A Country read online
  • Leaders clash over Beecroft employment law proposals
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The McAdoo Family Saga

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In this novel, lawyer Archie McAdoo and son Ned wrestle with a controversial case involving a gay client who claims he was fired for being HIV-positive. As ever in the law, truth and justice are a lot more complicated and elusive than they seem on the surface.


Buy it here: http://www.lulu.com/shop/jim-castagnera/why-my-dad-hates-ice-cream/paperback/product-2998752.html;jsessionid=1E5B4436483B16B0A89D365F60D710CD


Teaching KitAdopt Why My Dad Hates Ice Cream as a middle school or high school course or unit of a course.  You are welcome to use the copyrighted Teacher’s Packet and related copyrighted materials posted here, provided you require your students to buy the book.
  • Teacher’s Packet
Dr. Jim Castagnera, the author of Why My Dad Hates Ice Cream, is available to visit your class, if you adopt the book.  Contact him through this website.In this novel, Archie and Ned McAdoo take the case of an animal-rights activist accused of planting a bomb in the Philadelphia Zoo to free its elephants. The paths of 19th and 21st century terrorism cross in this novel’s plot, which is as fresh as this morning’s headlines.Buy it here: http://www.amazon.com/Ned-McAdoo-Molly-Maguires-Educational/dp/1466248564/ref=sr_1_1?ie=UTF8&qid=1316708089&sr=8-1Ned McAdoo Teaching KitAdopt Ned McAdoo and the Molly Maguires as a Middle School or High School course or unit of a course on terrorism.  You are welcome to use the copyrighted Teacher’s Packet and related copyrighted materials posted here, provided you require your students to buy the book.
  • Teacher’s Packet
Dr. Jim Castagnera, the author of Ned McAdoo and the Molly Maguires, is available to visit your class, if you adopt the book.  Contact him through this website.Get a sneak preview on YouTube:  http://www.youtube.com/watch?v=AmYbsO9RJz8

Book Three of the Saga will be Maggie in the Underworld.

Here's a preview:

      Dalinda Garcia stood in the doorway of the dimly lit basement room.  Her eyes strained to make out the spectral shapes in the chamber's center.  Her nostrils flared as the stench reached her from where the shadowy forms seemed suspended in mid-air. With her free right hand she felt the wall to the right of the doorway, but could find no light switch.  Putting down the mop and pail in her left hand she felt the inner wall to her left.  Feeling a grimy plate and a single switch, she flipped the switch up.     A single light came on in the center of the room, casting a circle of light and illuminating what had seemed an instant ago to be floating forms.  Within the harsh cone of light, the forms, as Dalinda approached them and then slowly circled them, now seemed to be some sort of harness, suspended by four lengths of chrome plated chain extending from eye bolts in the ceiling.  The contraption seemed almost to be a leather hammock.  Upon closer examination she noted four leather bracelets, one affixed to the hammock near each length of chain.  At one end of the hammock there was a dog collar attached to it by two or three links of shiny chain.  Unwittingly, Dalinda gently touched her throat with the fingers of her right hand, as the feeling of dread, which had begun to quietly possess her back in the doorway, now grew very strong.         It was then that she again became acutely aware of the stench that had filled her nostrils from the moment she had opened the door and first stepped into this room.  Her hand still at her throat she looked down at the floor beneath the odd leather hammock.  There on the faded linoleum tiles was a sticky©looking black and red puddle and in the puddle two lumps of fatty, greying meat.    Dalinda squatted down to look more closely, realizing immediately that the odor was coming from this mess . . . the mess that Ace had sent her with the mop and bucket to clean up.  Her right hand still at her throat, she reached with her left hand, which she didn't notice had begun to shake, toward the nearer of the two globs of spoiling meat. When her quivering forefinger was less than an inch away from it, she quickly pulled it back.     Now both hands were at her throat, as a silent scream was mouthed by her full lips.  In the instant before she pulled back the shaking finger, she had realized that 
the reddish, wrinkled protrusion in the glob of meat that she was about to touch was a nipple.¡[1] ¡Dalinda fell back onto her buttocks, then rolled over and got up onto her hands and
knees, and vomited.  She vomited and gagged until only bitter, greenish bile, mixed with
saliva, dangled in a long, slimy stream from her lower lip.¡[1] ¡She knelt in that position, staring with blind eyes into the depths of her vomit, unableto move, unwilling to turn to look at the two human breasts again . . . her mind swirling round and round with a single thought:  she had to get away from this place and she had to do it NOW! 

The McAdoo's on the Internet:

http://www.historyplace.com/specials/writers/ned-mcadoo.htm
http://wikiworldbook.com/global-address-book/Archie-McAdoo
http://archiemcadoo.wordpress.com/2009/08/01/howling-into-a-distant-mirrorculture/
http://kchrenterprises.wordpress.com/2010/06/14/vintage-archie-mcadoo-attorney-at-large/
http://www.uslaw.com/library/Academic/Publiucations_Kudos_Ned_McAdoo_Molly_Maguires.php?item=103477
http://comm.rider.edu/ridernews/html/sections/2006_2007/22_04_27_07/news/06_newsstory.html
http://www.barnesandnoble.com/w/ned-mcadoo-and-the-molly-maguires-james-castagnera/1027899173?ean=9781257426676


23 Haziran 2012 Cumartesi

Dream Act Lite

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Immigration reform is once again in the news, with the announcement last week that the Obama administration plans to open up a program of deferred action for those people who would have benefited from the DREAM Act legislation, which has thus far failed to become law.  I like to think of this as the DREAM Act "Lite" since it accomplishes some of the objectives of the DREAM Act without offering full legal benefits to anyone. As of the time of this writing, we don't know the specifics of this program, but you can find out the latest information here.   The USCIS website has a great deal of information, including frequently asked questions about the program.  As always, this is the best, most reliable source of up-to-date information.  News reports and other sources often contain misinformation, so do go to the source:  www.uscis.gov.

In a nutshell, the program will require proof of presence in the United States before age 16, PLUS:

  • proof of current enrollment in school, or 
  • proof of completion of high school or a GED program, or
  • enrollment and/or honorable discharge from the military

Applicants must be under 30 (whether applicants who turn 30 in the 60-day window between the announcement and the start of the program will also be included is an unknown at this point), and must have been in the US on the date the program was announced (June 15).  Further, people who have been convicted of certain crimes are excluded (interestingly, the language being used by USCIS to describe the crimes that will make someone ineligible are not consistent with the usual approach to categorizing criminal convictions--in this case, some misdemeanors will mean that the person is ineligible, so I would strongly suggest that anyone with a criminal record consult an immigration attorney before proceeding.  Since deporting aliens with criminal convictions is a strong priority, it may be inadvisable for someone with even a seemingly minor conviction to apply for relief under this program without a clear understanding of the risks).

There will be records requirements, which I can imagine will make the application somewhat more difficult for people.  School records, medical records, service records, etc. will all be required to prove compliance with the various requirements.  Since we have 60 days before the application procedures are published, you should have time to start gathering these records now.

There is some indication that employment authorization will be based on "economic necessity," but it is not yet clear what will need to be provided, if anything, to prove that necessity.  Generally, in deferred action cases now, employment authorization is granted as a matter of course, but this program may have different requirements.  Also, employment authorization documents typically take 90 days to be produced, so be prepared for at least that long a wait once your application is submitted.

I'll publish additional news on this program as it becomes available, but in the meantime, if you have questions, please feel free to contact me at christina@cruddenlegal.com, or by phone to (267) 536-9127.




Most Common Immigration Scams

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Marriage to a U.S. Citizen remains one of the most common types of immigration scams to date. Marrying a U.S. Citizen under false pretenses to get into the United States does not stop some people from pursuing this federal crime option. It remains one of the most common paths to gain a Green Card or U.S. Citizenship for some foreign nationals.
Another common immigration scam is through the U.S. visitor visa process. Applying for such a visa with wrong intentions is immigration fraud. A visitor visa is intended for temporary stay in United States yet some apply for a visitor visa with the intentions of coming to the U.S. to seek work or marriage. But this type of immigration scam commonly leads to denied entry into the U.S. and immediate deportation. The individual could even be banned from the U.S. entirely if it is determined that there was wrongdoing.
Still another form of immigration scams involves the printing of green cards. This type of scamming is currently on the rise. Why is it so? Many feel they have no option to gain employment and obtain a black market green card. For those that resort to this type of immigration scam it is most likely due to an existing criminal background history or they entered the U.S. illegally and therefore making them illegible for a legitimate green card.
Others, who may be desperate for a Green Card, unknowingly fall victim to immigration scams. The following are some helpful hints to help you avoid becoming a victim of immigration scams:
• DO NOT sign any blank papers or documents that you do not understand
• DO NOT sign any documents that contain false or inaccurate information
• DO NOT let anyone keep your original documents
• DO make photocopies of all documents prepared or submitted for you
• DO get a receipt any time you pay someone to assist you in completing or submitting forms
• DO verify that your attorney is licensed or your representative is accredited by Board of Immigration Appeals (BIA)
There are many options available to approaching the U.S. Immigration process in a legal manner. The legal way is the best way.

How To Start the Green Card Renewal Process

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How To Start the Green Card Renewal Process

On 12.08.09, In , By Immigration DirectHow do I start the Green Card renewal process?
This article provides information to help you determine if you need to renew your Green Card. It also explains the Green Card renewal process.
What is a Green Card?
A Green Card, also called a permanent resident card, shows your proof of legal status as a permanent resident in the United States. It is a card about the size of a credit card and contains your photo as well as other information about you. As a permanent resident, you are required to carry your Green Card with you at all times. This card may also be referred to as Form I-551.
Do I need to renew my Green Card?
You will need to renew your green card if it is within six (6) months of expiring or if it has already expired.
If you are a conditional permanent resident and your Green Card is expiring, you should not file for Green Card renewal using Form I-90, Application to Replace Permanent Resident Card. You will need to file Form I-751, Petition to Remove Conditions on Residence. When your Petition to Remove Conditions on Residence is approved, you will receive a new Green Card valid for ten (10) years.
How do I renew my Green Card?
Form I-90, Application to Replace Permanent Resident Card, is used for Green Card renewal. This form is also used to replace Green Cards that are damaged, stolen, or contain incorrect information. Remember that if you have a current, unexpired Green Card, you should wait until it is within six (6) months of expiring before you file Form I-90, Application to Replace Permanent Resident Card.
USCIS allows Form I-90 to be filed online or by mail. When completing Form I-90 to renew your Green Card, you will need to provide information about how you became a permanent resident. You will also need to include a copy of your current or expired Green Card.
The USCIS may request further information from you after you file Form I-90 if there is any information missing from your Green Card renewal application. When USCIS approves the application, it will mail a new Green Card to the mailing address you provided.

What is the USCIS?

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What is the USCIS?

The Unites States of America is often described as a “Melting Pot”. People from all over the world immigrate here in search of a better life for themselves and/or their families. Others come here seeking an advanced education at our colleges and universities. The U.S. Citizenship and Immigration Services (USCIS) is the federal agency assigned in overseeing the lawful immigration of foreign nationals who are temporarily or permanently settling in the United States and is responsible for granting or denying immigration benefits to those individuals. But besides legal entry, the USCIS also tackles those that illegally enter the United States, making sure that those individuals do not receive benefits, such as social security or unemployment benefits, and investigating, detaining, and deporting those illegally living in the United States.The U.S. Citizenship and Immigration Services (USCIS) was established on March 1, 2003 and is under purview of the Department of Homeland Security (DHS). Before that date, the Immigration and Naturalization Service (INS) was responsible for all things related with immigration, including administrative and investigative functions. After the events of September 11, 2001, the U.S. Congress passed into law the Homeland Security Act of 2002, which led to the dismantling of the INS into three agencies within the DHS to enhance national security and improve efficiency: the US Citizenship and Immigration Service (USCIS), which is responsible for immigration service functions, such as those listed below; and the Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) bureaus, which handle immigration enforcement and border security functions. The USCIS was briefly named the US Bureau of Citizenship and Immigration Services (BCIS), before becoming USCIS.Unlike most other federal agencies, the majority of the USCIS’ budget (99%) comes from fees the USCIS collects from processing millions of immigration benefit applications and petitions annually.Some of the services provided by the the U.S. Citizenship and Immigration Services (USCIS) are:* Citizenship (Includes the Related Naturalization Process): Individuals who wish to become US citizens through naturalization submit their applications, such as the Form N-400, to the US Citizenship and Immigration Service. The USCIS determines eligibility, processes the applications and, if approved, schedules the applicant for a ceremony to take the Oath of Allegiance. The USCIS can help in determining the eligibility and provide documentation of U.S. citizenship for people who acquired U.S. citizenship through their parents by using Form N-600.* Immigration of Family Members: USCIS also manages the process that allows current permanent residents and US citizens to bring close relatives to live and work in the United States by submitting forms such as the Form I-130.* Working in the US: USCIS manages the process that allows individuals from other countries to come and work in the United States. Some of the opportunities are temporary, and some provide a path to a green card (permanent residence).* Verifying an Individual’s Legal Right to Work in the United States: USCIS manages the system that allows participating employers to electronically verify the employment eligibility of their newly hired employees.* Humanitarian Programs for Asylees and Refugees: USCIS administers humanitarian programs that provide protection to individuals inside and outside the United States who are displaced by war, famine and civil and political unrest, and those who are forced to flee their countries to escape the risk of death and torture at the hands of persecutors.* Adoptions: USCIS manages the first steps in the process for US citizens to adopt children from other countries.* Civic Integration: USCIS promotes instruction and training on citizenship rights and responsibilities and provide immigrants with the information and tools necessary to successfully integrate into American civic culture.

Travel Document Form I 131 Updated by USCIS

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Form I-131, Application for Travel Document is an immigration form used to apply to the USCIS for one of the following:

1. Re-entry Permit – this allows a green card holder or a conditional green card holder to enter the U.S. from abroad without having to produce a returning resident visa. The validity of this permit is stamped on the permit and may not be used for seeking admission into the U.S. on its expiry.
2. Refugee Travel Document – is issued to a refugee or an asylee and allows them to re-enter the U.S. after a temporary stay abroad.
3. Advance Parole Document – is used to authorize a person to be temporarily be paroled into the U.S. This document may be considered by transport organizations in lieu of a visa, but not in lieu of a passport.Form I-131 UpdatedUSCIS has recently updated the form I-131, Application for Travel Document. The current edition is dated 11/05/11. However, USCIS mentions on its website that editions dated 11/23/10; 02/12/10; 07/14/09; 03/24/09; 10/30/08; 05/27/08; 02/26/08 are also accepted.Please ensure you are using the right form when you are filing for any immigration benefit.