Immigration Laws are So Confusing

August 25, 2011 By Tom Jr.

Immigration Laws are So Confusing

If you’ve ever thought, “Immigration Laws are sooooo confusing,” you’re not alone – and you’re right. Immigration law is very detail oriented, with lots of rules and procedures, which change continuously. That’s why we focus our practice on immigration law and don’t try to be experts in all legal fields.

How We Can Help You and Your Family with Immigration Matters

First off, it’s important that you don’t feel alone and that you know you’re in good hands. So, we explain how immigration procedures work and, specifically, how we will help you. For instance, you may need representation in immigration court, help bringing a family member to live with you in the United States, or legal assistance to avoid removal proceedings and deportation.

Secondly, we answer all of your questions and address your concerns. We explain what to expect, and how your specific immigration issue will be handled. You will never be surprised. We’ve found that these conversations help our clients to feel increased peace of mind and to sleep better at night.

Third, we guide you through all immigration matters step by step. You are never alone, even if you need to go to court, have an immigration interview, or file applications with supporting documentation.

Full Disclosure is Required; Confidentiality is Guaranteed

While we, as your immigration lawyers, do all the things mentioned immediately above, you must be active in your immigration case as well. Basically, this means that you must be completely honest, and disclose all information even if you think it may be harmful to your case. We can only help you if we know everything. Just like a medical doctor can only diagnosis and treat a problem if you disclose all of your symptoms, we, as you immigration attorneys, can only understand your immigration issues and determine what legal path to pursue if we have all the facts. Once we establish the attorney-client relationship, anything you disclose to us will be held in the strictest of confidences, as required by law.

Where to Get Help with Immigration Issues

We focus our practice on immigration law and help people just like you every day. We will listen to your concerns and answer your questions; you are not alone.

Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will gently walk you through your immigration issues, even representing you in court and before the Department of State.

Filed Under: Adoption, Asylum, Citizenship, Deportation & Removal, Employment, Employment Visas, Family based Immigration, Family Member, Family Visas, Green Card, Green Card, Green Card, Immigration, Immigration Court, Investor Visas, Naturalization, Reform/New Laws, Treaty Investors, Waiver

How to Stop Creditor Harassment

August 25, 2011 By Tom Jr.

Those creditor phone calls and letters are sooo stressful, causing embarrassment and a feeling of helplessness and overwhelm. Creditors harass by calling your work place, neighbors, and family members. They file lawsuits, garnish wages, repossess cars and furniture, and foreclose on houses. It’s the worst; but, there is good news. Creditor harassment can be stopped; and, it can be stopped immediately.

“I am Represented by an Attorney”

As soon as you hire a qualified bankruptcy attorney, you can tell any creditors that you are filing bankruptcy and are represented by an attorney. Provide your attorney’s name and telephone number. When you are represented by an attorney, creditors may not contact you directly. It’s against the law.

The Bankruptcy Court will Issue a “Stay”

When you provide debt and income information, your attorney will file your bankruptcy petition. As soon as it’s accepted by the court (which is very quickly), the court will issue a “stay,” meaning that all attempts to collect on your debts cease, immediately. At that point, you won’t even have to say “I am represented by an attorney” because phone calls will stop. Collection letters will stop; foreclosure proceedings will stop; repossessions will stop; most wage garnishments will stop; and lawsuits will stop. Whew!

There is No Need to Feel Guilty

It will likely make you feel better to know that there are approximately 1,400,000 bankruptcies filed in the United States each year. Considering that many of those bankruptcies are married couples, it is reasonable to extrapolate that more than 2 million people file bankruptcy each year. We know that you’ve done your best and deserve a fresh start. The foundation for bankruptcy laws can be found in the United States Constitution wherein our Founding Fathers authorized Congress to pass bankruptcy laws.

You Will NOT Lose All of Your Possessions

No need to fear; you will not lose all of your possessions. Ohio has generous bankruptcy exemptions, meaning that you can likely keep everything (or most) of what you own.

Where to Get Help Stopping Creditor Harassment; NOW!

We understand that you’re highly stressed and bothered by creditor harassment. You are not alone. There is no reason to be. We focus our practice on bankruptcy law and help people in your circumstances every day. Your next step is to contact us; you can reach us at 513-793-6555 or by email at Thomasjr@geygan.com. We will gently walk you through the process and aggressively fight for your legal rights.

Filed Under: Bankruptcy, Chapter 13, Chapter 7

Can I Have Debts Discharged Because of “Undue Hardship?”

August 15, 2011 By Tom Jr.

Can I Have Debts Discharged Because of “Undue Hardship?”

There are certain debts that cannot be discharged, even in a Chapter 7 bankruptcy. These debts include child support, alimony, most taxes, criminal debts, and student loans. However, there is a very tight exception called, “undue hardship,” that may allow normally non-dischargeable debts to be discharged.

Undue Hardship: The Four Prong Test

There is a slim chance that you may be able to have student loans discharged if you meet all of the “undue hardship” conditions. This “undue hardship” rule exists to help debtors in extreme circumstances.

It’s a four prong test; you must show:

You are unable to pay remaining student debt and maintain the basic standards of living due to your income and family situation;
The financial strife will continue for at least the length of your student loan scheduled payments;
That either you or a loved one that you take care of has a disability, preventing you from working; and,
Prior to this disability, you have a strong record of good faith payments.

What if my undue hardship petition is denied?

If the bankruptcy court denies your undue hardship petition, your bankruptcy attorney will help you eliminate all dischargeable debts so that you have the cleanest slate possible, a fresh start. Most unsecured debts are indeed discharged in a Chapter 7 bankruptcy so that you can use your income, no matter how small, for food, clothing, shelter, and medical care.

How do I stop creditor phone calls?

One of the most stressful parts of being in debt is the creditor phone calls, letters, foreclosures, wage garnishments, and lawsuits. The good news is that as soon as you hire a bankruptcy attorney and provide all the necessary information, he or she will file your bankruptcy petition. The moment it’s accepted, the court issues a “stay” and all collections must stop immediately. This means that the creditor phone calls and all other attempts to collect will cease.

Where do I get help filing an undue hardship petition?

Bankruptcy and undue hardship petitions involve a very specialized area of law; be sure your attorney focuses his or her practice on bankruptcy. We do focus our practice on bankruptcy law and, everyday, help people just like you. You can reach us at 513-793-6555 or Thomasjr@geygan.com.

We will gently walk you through the bankruptcy process, answer your questions, analyze your case, and aggressively fight for your legal rights. We look forward to your call or email.

Filed Under: Bankruptcy, Chapter 7

Will They Deport Me for Drunk Driving?

August 15, 2011 By Tom Jr.

Will They Deport Me for Drunk Driving?

If you are not a U.S. citizen, the thought of being deported is a scary thing; and, committing a crime can be cause for deportation. If you’ve been arrested for drunk driving (DUI or DWI), consult an immigration attorney who will work with your criminal defense attorney. Drunk driving is a serious issue.

Does DUI = Direct Deportation?

Sometimes a conviction for drunk driving will lead to deportation or removal proceedings; however, it others, it may not. For example, if you killed or injured someone while driving drunk or you have been convicted of drunk driving several times, drove without a license, or there were other aggravating factors, deportation may be an issue. In other words, your arrest for DUI/DWI may or may not directly lead to you to deportation or removal proceedings. It depends upon the circumstances.

Does DUI = Indirect Deportation?

If you are arrested for drunk driving, your arrest may show up on the U.S. Immigration and Customs Enforcement’s (ICE) radar. If you are not legally in the country or are removable for another reason, you may be subject to deportation. In other words, your arrest for DUI/DWI may bring you to the attention of ICE who will investigate whether you are in legal status and/or have any other reason to be deported.

Other Potential Immigration Related DUI Consequences

Besides deportation or removal proceedings, a drunk driving conviction may have other serious consequences as well:

You may be placed in jail for weeks or months during removal proceedings.
Drug or alcohol problems can limit your immigration options.
Immigration judges will likely look unfavorably upon drunk driving convictions when exercising discretion in your case.
DUI/DWI will have an impact on your application for release on a bond.

Where to Get Help if You’ve Been Arrested for Drunk Driving

If you are not a U.S. citizen and you have been arrested for either DUI or DWI, it is likely in your best interest to consult both an immigration attorney and a criminal defense attorney. A conviction for drunk driving, with aggravated circumstances, may lead to removal proceedings and deportation. And, there are other serious immigration consequences as well.

Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and helping people like you avoid deportation and other serious consequences of DUI and DWI convictions.

We focus our practice on immigration law and help people just like you.

Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will represent you in court and front of the Department of State, as needed; and we will aggressively fight for your legal rights. You are not alone.

Filed Under: Deportation & Removal, Immigration, Immigration Court

"LPR" or "Green Card"

August 12, 2011 By Tom Jr.

“LPR” or “Green Card”

“LPR” stands for “lawful permanent resident.” If you’re like most people, you’ve heard the term, “green card,” but aren’t sure what it actually means. A green card is a colloquial term for the legal document that proves that the holder is a lawful permanent resident and has a legal right to live and work in the United States. It’s also called the “United States Permanent Resident Card” (formerly, “Alien Registration Receipt Card.”) But with a name like that, it is easy to understand why the term “green card” is so widely used.

It may not surprise you that green cards are green. However, they have been green; then pink, then cream and, now again, green. They are small laminated cards with the permanent resident’s photograph and fingerprints.

What are the benefits of a green card?

The green card benefits are significant. The green card indicates that the holder is a “lawful permanent resident,” having the right to live and work in the United States. The holder also has the right to be protected under the laws of the federal government as well as his or her state and locale of residence.

The green card also serves as a reentry document, meaning that the holder has the right to reenter the United States after a short absence, without providing additional documentation.

It is significant to note that a lawful permanent resident or green card holder is not a U.S. citizen. And, thereby, does not have all the rights associated with citizenship such as voting in national elections.

Does the green card expire?

The green card is permanent, although it must be renewed every 10 years (like a driver’s license needs to be renewed.) However, there are two limitations: First, the holder’s U.S. residence must remain his or her primary residence. Second, conviction of certain crimes will nullify lawful permanent residence status.

How to get a green card

Remember the romantic comedy (1990) feature film, “Green Card?” A young American woman enters into a marriage of convenience so that a Frenchman can attain his green card. Having a family member or fiancé petition for a green card is just one way to become a permanent resident.

The most common ways to get a green card are through:

a family member
a job (typically, a high level professional position)
political asylum or as a refugee

If already in the U.S., a green card applicant goes through a process called “Adjustment of Status” to obtain a green card. If living outside the U.S., the applicant must go through a process called “Consular Processing,” applying at a U.S. embassy or consular outside the U.S.

Who makes these green card rules?

Although most people have heard of “INS” and seen references to it on television, the INS was dissolved in 2003. All immigration matters are under the jurisdiction of the U.S. Citizenship and Immigration Service (USCIS.) The USCIS is an agency under the Department of Homeland Security.

Where to Get Help Becoming LPR or Obtaining a Green Card

If you have questions regarding obtaining a green card and becoming a lawful permanent resident, consult with a qualified immigration attorney. Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and getting green cards.

We focus our practice on immigration law, LPR status, and green cards; and, you can reach us at 513-793-6555 or Thomasjr@geygan.com. We will gently walk you through the immigration process, represent you in court, and aggressively fight for your legal rights. We look forward to hearing from you.