March 7, 2013
New Immigration Rules Allow you to Apply for a waiver from within the USA

WHAT YOU NEED TO KNOW: NEW CONSULAR PROCESSING RULES FOR PERMANENT RESIDENCE APPLICATIONS FOR IMMEDIATE RELATIVES OF U.S. CITIZENS

On January 2, 2013, the Department of Homeland Security (DHS) released new rules regarding the permanent residence application process which will benefit immediate family members of U.S. citizens. It is not a change in the law, only a change in procedure. DHS officials say the new rules will take effect March 4, 2013.

Why the changes were needed

The law requires that spouses and minor children of U.S. citizens who entered the United States without inspection (undocumented) residing in the United States leave the country to obtain permanent residence (also known as a “green card”). The law imposes certain bars for individuals who leave the United States after residing here for more than six months without legal documentation. The most common is a bar of 10 years for people older than 18 years who have lived undocumented in the United States for more than one year. Immediate relatives of U.S. citizens can request a waiver of these bars if they can show that prolonged separation would cause extreme hardship to U.S. citizen family members. Prior to the implementation of the new rule, the process has usually been long and  immediate relatives have waited outside the country for many months or even a year.

How the waiver application process will work under DHS’s new rules

The new process will permit spouses and minor children of U.S. citizens to request the waiver before they leave the country, helping families to avoid prolonged separation. The change will only apply to spouses and minor children of U.S. citizens who can show extreme hardship to U.S. citizen parents or spouses. It will not benefit relatives of lawful permanent residents. It also will not apply to other types of waivers individuals may require to obtain their green cards and reenter the United States.

A step-by-step comparison

Process Before March 4, 2013

Process Beginning March 4, 2013

U.S. citizen files a relative petition on behalf of an immediate relative (minor child or spouse)

U.S. citizen files a relative petition on behalf of an immediate relative (minor child or spouse)

Family petition is approved

Family petition is approved

Consular processing begins (the U.S. Department of State will request the visa application, information about economic support and the schedules for the consular interview)

Consular processing begins (the U.S. Department of State will request the visa application and information about economic support)

The relative leaves the United States to attend the consular interview

The relative files a waiver of the bar to reentry for having been present in the United States for more than six months. For the waiver to be approved, the applicant must prove her departure would cause extreme hardship to a U.S. citizen spouse or parent.

During the consular interview, the immigration official determines that the relative needs a waiver of the bar to reentry bars for having been present in the United State for more than six months

The waiver is approved

A second consular interview is scheduled and the relative submits the waiver application

The relative leaves the United States to attend the consular interview

Often, after several months, the waiver is approved and the relative is finally permitted to return to the United States

Following the consular interview, it takes only a few weeks for the visa request to be processed so that the relative can return to the United States as a permanent resident

If the waiver is denied, the relative will usually be unable to legally reenter the United States

If the waiver is denied, it is possible that the relative will be referred to deportation proceedings.

WARNING: Don’t be a victim of immigration fraud. If you need legal assistance, consult a qualified immigration attorney or a legal aid organization recognized by the Board of Immigration Appeals.

If you are interesting in discussing your case feel free to contact Attorney Bradley Hochberg at the Law Offices of Bradley Hochberg with offices in Beverly Hills and Los Angeles, CA at (323) 722-8007 or bdhesq@pacbell.net or www.bradleyhochberglaw.com

10:01am  |   URL: http://tmblr.co/ZGLlpvfjvOtJ
March 6, 2013
You must finish your divorce or custody within five years

You have filed a divorce or paternity case in California. You might have even received orders for custody and visitation in your case. You are probably thinking that you do not need to do anything more on your case. Maybe you do not care if you actually are granted a divorce. In general the temporary orders granted during a pending case do not normally expire until changed, there are exceptions.

In California, all civil cases must generally be finished within five years of when they are filed.. If they are not, then they are dismissed. This can include all custody and visitation orders that you received in your case. You could be forced to start over again.

There are some exceptions, two of which are when the parties agree t extend the deadline or there are existing orders for support.

If you have issues regarding a California divorce, paternity custody or support case and wish to find out about your rights, feel free to contact Attorney Bradley Hochberg at the Law Offices of Bradley Hochberg in Beverly Hills and Los Angeles, CA at (323) 722-8007 or www.bradleyhochberglaw.com or bdhesq@pacbell.net

4:20pm  |   URL: http://tmblr.co/ZGLlpvfgyHdx
Filed under: divorce custody support temporary orders visitation paternity civil cases five year rule 
February 2, 2013
Be sure to have an attorney review your waiver of spousal support

I know. You are saying, why do I need to have an attorney review my judgment waiving spousal support. Especially when the other party is in full agreement. The problem is that under California Law, it is not just enough to say you are waiving spousal support. It needs to have clear and specific language that puts both parties on notice that under no circumstances can a party come back in the future and say that they did not know that they could never come back if they were later disabled etc.

Just the other day i reviewed a proposed stipulated judgment which just stated that spousal support was to be terminated on some date in the future. The problem it did not have any of the specific language i mentioned in this post. This would create a situation where a party bargained for this  termination and it would not be enforceable. By then it would be too late to undue the rest of the judgment to make up for the additional support that could be ordered.

So, the moral of the story is to spend a little money if you want your spousal support termination agreement to be valid. It may save you a lot of money in the future.

I Have not mentioned the exact language required. If you are interested in discussing your spousal support rights, feel fee to contact attorney Bradley Hochberg at the Law Offices of Bradley Hochberg with offices in Los Angeles and Beverly Hills at www.bradleyhochberglaw.com or bdhesq@pacbell.net or (323) 722-8007

12:55am  |   URL: http://tmblr.co/ZGLlpvdCjnuR
Filed under: spousal support waiver termination stipulated judgment 
February 1, 2013
Here’s why it is so important a parent enroll in programs immediately if your accused of abuse

People often contact me right after they have been accused of abuse. In most cases their children have been detained by the their county’s child protective service. They ask many questions. Some are in denial. Some freely admit. I always describe to them the process of how the dependency court system works. 

I also tell them that the Dependency court will not formally order them to sign up for classes or programs until after their case has come to a resolution. This can be many months later.

There are two important reasons why a parent should sign up for classes or programs right away.

One reason is that there are time limits for a parent to reunify with their child. The exact time varies with the age of the child involved. The trial or resolution can take a while to take place. This delay does not extend the time limits I mentioned. If a parent waits, it could be too short of a time period for a parent to reunify with their child.

Lastly, to find neglectful conduct, the court must find that a parent must have caused the child the harm to their child. However, the court needs to also find that the child is at substantial risk of future harm at the time of the trial. That is the court must find that the past physical harm will reoccur in he future. Although evidence of past harm can be some evidence but the court needs present evidence.

In fact, a parent who recognizes the inappropriateness of their actions and who takes voluntary positive steps to correct them can be evidence that there is no risk of harm at the time of the trial. This could then result in the court not finding abuse and he return of the child.

The moral is that a parent should enroll in classes and programs as soon as possible for these reasons and more.

If you have been accused of abuse by your local child protective services department and would like to discuss your rights and options feel free to contact Attorney Bradley Hochberg at the Law Offices of Bradley Hochberg with Offices of Los Angeles and Beverly Hills at www.bradleyhochberglaw.com or bdhesq@pacbell.net or (323) 722-8007

10:01am  |   URL: http://tmblr.co/ZGLlpvd9LGkD
January 30, 2013
The court should not be able to force you to attend AA/NA meetings

Whenever a criminal defendant is in court for any criminal offense which is somehow  related to alcohol or narcotics, the court usually requires the person to attend Alcoholic Anonymous or Narcotic Anonymous. This could be as a condition of bail or part of a sentence they must serve after pleading guilty. This could also come about when a parent is required to attend AA due regarding a family court case.

AA is a twelve step program. It has been very helpful to a great number of people in need of such programs. The problem is that AA requires people to acknowledge that a power greater than ourselves can restore us to sanity. It also requires people to turn their will and their lives over to the care of god as they understand him. They also are called to prayer and mediation.

The 1st amendment to the United States Constitution states in part “Congress shall make no law respecting an establishment of a religion.” This is referred to the establishment clause. The government cannot pass any law that promotes a specific religion.

The AA/NA meetings appear to violate this clause due to their promoting the belief in god and recognizing his power.

There have been cases that have dealt with this issue. The more recent case dealt with a parolee that was required to attend AA/NA as a condition of his parole. The case stood for the premise that a parolee could not be required to attend AA/NA as a condition of his parole on the basis that AA/NA violates the first amendment.

This case might be narrowly drawn to people on parole. I have only seen one instance that a lower court would not force a defendant charged with a crime to attend AA. However, I believe that the case is clear enough to extend to any court situation that requires AA/NA attendance. This should also extend to any family court case where the court believes that it would be in the best interest for a party to attend AA in order to get visitation with their child. The defendant would have to assert their right in court.

If you are interest in discussing your legal rights feel free to contact Attorney Bradley Hochberg at the Law Offices of Bradley Hochberg in Los Angeles and Beverly Hills at www.bradleyhochberglaw.com or bdhesq@pacbell.net or (323) 722-8007

10:01am  |   URL: http://tmblr.co/ZGLlpvc-_qu-
Filed under: Constitution Alcoholics Anonymous Narcotic Anonymous Establishment clause parole family court visitation 
January 29, 2013
A parent may not be able to apply for a new (or renew) a child’s passport during their case

In a previous post I spoke about the automatic temporary restraining orders (ATROs) that keep parties from doing certain things while their case is pending. I specifically mentioned the order that forbids either party from traveling outside of California with their child without the written approval from the other party or by court order.

California Law has now added a new ATRO to the list of don’ts. This now includes a provision that neither party may apply or renew a child’s passport without the written approval of the other party or by order of the court.

The ATROs were listed on the back of the family law summons. While most people do not bother to read the fine print on the back, they were still there. The problem is that the summons has not been updated to include this provision on the list of ATROs on the family law summons.

The question then becomes whether a party could be sanctioned for violating this provision if it is not listed on the family law summons.

If you have such issues or rights you wish to discuss, feel free to contact Attorney Bradley Hochberg at the Law Offices of Bradley Hochberg in Los angeles and Beverly Hills at www.bradleyhochberglaw.com or bdhhesq@pacbell.net or (323) 722-8007

10:01am  |   URL: http://tmblr.co/ZGLlpvcxAk8u
(Notes: 1)
  
Filed under: ATRO family law summons passport violation 
January 29, 2013
The over use of prescription medication will now be considered

We all know that if a parent abuse illegal drugs, that it would be considered by the court in making a custody order. However, until now it was not so clear about the abuse of prescription drugs. The California family Law Code has now been amended to include the abuse of prescription drugs to be a factor in the courts determination of custody of a child.

There are still many questions. When it coms to illegal drugs, it should be somewhat obvious. Just about any use would probably be considered abuse. The problem is with prescription drugs. These are legally prescribed. At what point are they being abused.

The next question is how do you prove that the prescription drugs are being abused. There are certain privacy rights when it comes to a patients medical records. There are also testing issues.

If you are worried that the other parent might be abusing drugs and wish to discuss your rights than feel free to contact Attorney Bradley Hochberg at the Law Offices of Bradley Hochberg in Los Angeles or Beverly Hills or at www.bradleyhochberglaw.com or bdhesq@pacbell.net or (323) 722-8007

10:01am  |   URL: http://tmblr.co/ZGLlpvcxAk9A
Filed under: custody drug abuse 
January 27, 2013
The immigration status of a parent shall not disqualify them from receiving custody

Many times one parent will try to use the immigration status of the other to obtain custody. This will either be done by threats or by actually telling the court of the other parents immigration status. California family Law Code has now been amended to specifically state that a parent’s immigration status shall not disqualify them from receiving custody. This will be good news to a parent who might feel threatened with making choices they do not feel would be in the best interest of their child.

However, if a parent was under an order of final order of removal, I believe this might be an issue for the court to consider. Yet, it could be argued that it is not the status that is definitive, but the removal order itself.

Yet, even If the parent was under an order of removal, they could still petition the family law court to relocate with their child. 

If you are interested in discussing your custody issues and how this new law affects you feel free to contact Attorney Bradley Hochberg at the Law Offices of Bradley Hochberg in Los Angeles and Beverly Hills at www.bradleyhochberglaw.com or bdhesq@pacbell.net or (323) 722-8007

12:34am  |   URL: http://tmblr.co/ZGLlpvclILiA
(Notes: 1)
  
Filed under: child custody immigration status relocation threats 
January 25, 2013
Military parents can regain custody upon return from war

Over the last 11 years many military parents have been required to deploy for duty in far off places away from heir family. This can be a problem when the custodial parent is the person being deployed. This situation is not like the normal situation where one parent has to make a choice about relocating for a job. In that case, a parent can possibly bring the child with them when they relocate. In the case with a deployment, the military parent most likely will not be able to bring the child with them on their deployment.

This can result in the other parent applying to the court for a change in custody. The problem is that this creates a new status quo. If the original order was an order prior to trial, the court might not want to reinstate the old order due to the new status quo. The court would state that the new status quo would most likely be in the best interest of the child.

If the original order was a post trial order it would normally be even harder to go back to the original order once it has been changed. Changing a post judgment order back to the original order would require a substantial change of circumstances. This could be tough given the new status quo created by the deployment.

California Law has created an exception to the general rule in the special situation of separations due to military deployments.

Under this situation it is presumed that the parties should go back to the old order unless the court found that the new order would be in the best interest of the child. This should place the burden on the parent seeking to keep the new order. Normally the burden would be placed on the parent seeking the change.

This remains the same even with post judgment orders. Any change from the original order would be deemed a temporary order. Therefore, the presumptions are the same with post judgment orders. The presumption would be that the parties should go back to the original order unless the court found it in the best interest of the child. Again, the burden would be shifted to the party who wants to keep the new order.

So a military parent will hopefully have one less worry on their mind when they go off on a deployment.

If you are a military parent, or involved with a military parent and would like to discuss your rights, feel free to contact me at the Law Offices of Bradley Hochberg in Beverly Hills and Los Angeles at www.bradleyhochberglaw.com or at (323) 722-8007 or at bdhesq@pacbell.net

12:43am  |   URL: http://tmblr.co/ZGLlpvcbQI8w
(Notes: 1)
  
Filed under: Military parents custody orders attorney custodial rights 
January 13, 2013
Kobe and Vanessa Bryant are Reconciling

If the news reports are correct, it appears that Kobe Bryant and his estranged wife Vanessa are reconciling. She posted a message on instagram that the two have reconciled and that they are looking forward to their future together. At the same time Kobe posted a message on his facebook page stating that they were moving on with their lives together. She had previously filed for divorce after 10 1/2 years of marriage. The case will now be dismissed. However, the divorce process cost Kobe a lot of money in the process. He deeded a couple of homes to Vanessa. Unless she deeds the properties back into joint tenancy, they would likely remain her separate property in the future. This would be treated as a post nuptial agreement. Post nuptial agreements do not have the same stringent requirements that pre nuptial agreements have. However, one should be careful when they enter into such an agreement. It would be a good idea to have an attorney go over any proposed post nuptial agreement that you wish to enter into. A little bit of money spent could save you thousands later on. If you have a post nuptial agreement that you wish to have reviewed, you may contact me Bradley Hochberg, Esq. at the Law Offices of Bradley Hochberg in Los Angeles and Beverly Hills at (323) 722-8007 or at www.bradleyhochberglaw.com

11:27pm  |   URL: http://tmblr.co/ZGLlpvbkM-l7
(Notes: 1)
  
Filed under: Kobe Bryant Vanessa Bryant post nuptial agreements 
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