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Camp Hill Legal Blog

Compassionate Legal Guidance for Families and Individuals in Camp Hill, Harrisburg, York, and Beyond

November 11, 2025

Does overtime pay count when calculating child support?

When Pennsylvania courts calculate child support, they focus on each parent’s income. Overtime pay often raises questions about whether that extra money counts. The answer depends on how steady and predictable the overtime is. How Pennsylvania defines income for child support Pennsylvania law defines income broadly. It includes wages, bonuses,...

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September 27, 2025

H-2A Temporary Agricultural Workers

The H-2A visa program permits U.S. employers to sponsor foreign nationals and bring them to the U.S. to fill temporary agricultural jobs. The U.S. employer must file a Form I-129, Petition for Nonimmigrant Worker, on behalf of the prospective employee. The U.S. employer must meet the following criteria: Offer a...

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September 20, 2025

U Visas

The U visa is a nonimmigrant visa available to victims of certain crimes who have assisted in the investigation or prosecution of the perpetrator of the crime to which the immigrant was the victim. To qualify for a U visa, the immigrant must meet the following criteria: The immigrant victim...

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September 20, 2025

Can I Prove My Innocence by Taking a Lie Detector Test?

Lie detector tests, or “polygraph examinations,” as they are more formally known, are commonly seen in countless TV shows and movies, and have become widely recognizable in our popular culture as an integral part of our criminal justice system. This leads many to believe that they may be used directly...

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September 18, 2025

What Immigration Statistics Reveal About Camp Hill

Many immigrants enter the United States at large ports of entry. Eventually, they may settle in much smaller communities. Camp Hill, Pennsylvania, is not a major metropolitan area. Still, there are already hundreds of immigrants who call the area home. Many of those immigrants have actually become naturalized citizens. People...

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September 11, 2025

E-1 Visa

An E-1 visa is a nonimmigrant visa classification that is reserved for nationals of a treaty country (a country with which the United States maintains a treaty of commerce and navigation). E-1 visa holders are admitted into the United States to conduct international trade activities. In certain cases, employees of...

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September 10, 2025

U Visas

The U visa is a nonimmigrant visa available to victims of certain crimes who have assisted in the investigation or prosecution of the perpetrator of the crime to which the immigrant was the victim. To qualify for a U visa, the immigrant must meet the following criteria: The immigrant victim...

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September 03, 2025

Is it Illegal to Record a Conversation Without Consent?

In our modern digital age of technology, the ability to capture our experiences, whether by visual images, sound recordings or video images, is readily available at our fingertips, virtually at all times and instantaneously. With the growing popularity of social media and entertainment platforms, concerns regarding violations of privacy have...

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September 02, 2025

The Use of Character Evidence in a Criminal Trial

A natural instinct or impulse of individuals accused of a crime or offense is to seek to prove their innocence by presenting evidence intended to prove their honest or law-abiding character, in the hopes that it would ultimately exculpate them. At a criminal proceeding, they may wish to call such...

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August 27, 2025

Cancellation of Removal

What is Cancellation of Removal? Cancellation of Removal is a form of relief available to lawful permanent residents (LPRs) or certain non-LPR residents who are in removal proceedings and facing deportation. It allows eligible LPRs or certain non-LPRs to request the immigration judge to cancel their removal and allow them...

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August 23, 2025

Student/Minor

DACA update – July 2021 DACA Overview Deferred Action for Childhood Arrivals (DACA) J-1 Visa J-1 Visa Waivers M Visas for Vocational or Nonacademic Programs OPT and STEM OPT Optional Practical Training (OPT) and Immigration in the US Student Visas Special Immigrant Juvenile Status (SIJS)

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August 14, 2025

Premium Processing with USCIS

Premium processing is a service offered by USCIS (U.S. Citizenship and Immigration Services) that provides expedited processing for certain immigration petitions and applications. Petitioners/applicants can significantly shorten the adjudication timeline for their cases by using premium processing. When a petitioner or applicant chooses premium processing, USCIS guarantees a response within 15...

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August 08, 2025

Notice to Appear

What is a Notice to Appear? A Notice to Appear (NTA) is a legal document issued by the United States Department of Homeland Security (DHS) to initiate removal proceedings against a foreign national who is believed to be in violation of immigration laws. It serves as a formal notification to...

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August 07, 2025

Will a DUI Affect My Professional License?

Most professional license-holders in Pennsylvania are required to report any misdemeanor and felony convictions to their professional licensing board. Professional license holders in some occupations must report any criminal charge they face, including DUI’s. Some occupations only require license holders to report convictions to their governing board, and some do...

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August 07, 2025

Emergency Custody

Dealing with custody issues can often be highly emotional for parties, and it is often important to determine which issues need to proceed through the regular custody process and which custody-related situations constitution an “emergency” such that the Court would need to address the matter urgently. While there is no...

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August 06, 2025

T Visa:  Victims of Human Trafficking

The T visa is a special type of nonimmigrant visa that is available to victims of human trafficking who are in the United States. It allows victims to remain in the U.S. and assist law enforcement authorities in the investigation or prosecution of human trafficking cases. Who is eligible for...

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July 30, 2025

The Appeal Process in Criminal Cases in Pennsylvania

The Pennsylvania criminal justice system provides two avenues of relief for challenging a conviction or sentence in a criminal proceeding. First, a defendant may file a direct appeal from the Court of Common Pleas to the next level of appellate court, which is the Pennsylvania Superior Court. This type of...

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July 26, 2025

Medical Waivers in Green Card Applications

If an intending immigrant is inadmissible to the United States for certain medical reasons, they may be able to obtain a medical waiver and then successfully apply for their green card.  Waivers are discretionary; USCIS is not required to approve an immigrant’s waiver application.  Medical waivers are available, in some...

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July 23, 2025

Violence Against Women Act (VAWA)

Contrary to its name, the Violence Against Women Act (VAWA) is gender-neutral. Abused men, along with abused women, can file under this act. VAWA provides an avenue for lawful permanent residence (Green Cards) for victims of abuse such as battery or extreme cruelty at the hands of a: U.S. Citizen...

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July 15, 2025

Can I Get a Limited Driver’s License While Serving a DUI License Suspension?

Prior to the passage of important criminal law legislation in Pennsylvania in 2016, individuals serving driver’s license suspensions in connection with DUI offenses would be eligible for occupational “limited” licenses that limited when and where a person could drive, permitting travel only for employment, medical appointments, or religious activities. Now,...

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July 09, 2025

USCIS Expedite Request

USCIS expedite requests are requests to have an application or petition processed more quickly than the normal processing time. To make an expedite request, you can simply call the USCIS Contact Center at 800-375-5283. If your expedite request is granted, USCIS will take your application or petition out of date...

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July 07, 2025

Enforcement of Child Support Orders

Child support is necessary for many families in order to meet the needs of the child after the separation and/or divorce of the parents. The financially dependent parent can apply for child support at the county Domestic Relations office. After a conference, an Order of Court will be entered determining...

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July 06, 2025

ADIT Stamps

The ADIT (Alien Documentation, Identification and Telecommunication systems) stamp (also known as an I-551 stamp) is a stamp that is affixed to a page in one’s passport or on an I-94 card that serves as temporary proof of lawful permanent resident status. A lawful permanent resident (“LPR” or “green card”...

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June 29, 2025

Evidence in Custody Cases

At various stages in a custody case, it may be necessary (or advisable) to present evidence regarding various factors that the court must consider in determining the custody schedule that is in the best interest of the minor child. Emails and text messages between parents, children, and other parties are...

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June 23, 2025

Pennsylvania Child Custody Relocation

When parties separate, they often have to find new housing options.  When one party’s move to a new residence is such that the other parent’s custodial time with the minor children will be significantly impacted, the moving party cannot relocate to the new residence without either first obtaining the consent...

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June 16, 2025

Removal Proceedings

Administrative Closure Aggravated Felonies Appealing a Denial Asylum EAD Clock BIA Appeals Bond Hearing in Immigration Court Cancellation of Removal Changing Venue in Immigration Court Crimes Involving Moral Turpitude Defective NTAs Expedited Removal Hearing Types I-212 Waivers Immigration Detainers LPR Cancellation of Removal Navigating Inadmissibility Non-LPR Cancellation of Removal Notice...

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June 13, 2025

Student Visas

For individuals who wish to study full time, in the U.S., there are two (2) non-immigrant visas that students may apply for: F-1 or M-1. In order to qualify to study in the United States, the student must be enrolled in an academic educational program, a language-training program or a...

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June 12, 2025

Co-Parenting Counseling

In many custody actions, parents have different parenting styles and difficulty seeing eye-to-eye on parenting decisions. This can make it difficult for them to cooperate to make choices or plans for their child, such as signing the child up for extracurriculars, arranging transportation, choosing the best healthcare providers for their...

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June 09, 2025

Limits on the Authority of the Sentencing Judge

In 1982, in ostensible reaction to the public perception of the excessive leniency of judges in issuing criminal sentences and to general concerns about unrestrained judicial discretion, Pennsylvania instituted sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing. These guidelines were comprised of a comprehensive framework which serves to regulate...

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June 06, 2025

Uniting for Ukraine: Parole for Ukrainians

On April 21, 2022, the U.S. announced a new program entitled “Uniting for Ukraine.” Under Uniting for Ukraine, individuals in lawful status in the United States can now apply to sponsor displaced Ukrainians for temporary permission to enter and remain in the U.S. For this program, parole is being granted...

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May 29, 2025

Cuban Adjustment Act

The Cuban Adjustment Act (CAA) provides a special way for Cuban nationals who wish to immigrate to the United States to obtain their lawful permanent residence in the United States. Enacted in 1966, the CAA offers a pathway for Cuban citizens to adjust their status to lawful permanent residents after arriving...

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May 28, 2025

What is a Mistrial? How and Why Do They Occur?

The Sixth Amendment of the U.S. Constitution provides that, in all criminal prosecutions, the accused criminal has the right to a trial by an impartial jury of the state and district in which the individual allegedly committed a crime. This sacred and fundamental right ensures that a person charged with...

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May 28, 2025

Probation Violations and Detainers in Pennsylvania

Pennsylvania’s laws regarding detainers allow for unusually harsh consequences for relatively innocuous violations of the terms and conditions of one’s probation or parole. A detainer is an order of incarceration, issued by a court against an individual who has violated a condition of his probation or parole, including receiving a...

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May 24, 2025

Reunification Counseling

For various reasons, parents and children may face long periods of separation due to a parent’s incarceration, drug or alcohol dependency, and many other issues which prevent a parent from caring for or spending time with their child. When a parent later wants to be involved in the child’s life...

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May 22, 2025

P-1a Visas For Athletes

P-1 visas are available to those individuals who are traveling temporarily to the United States to participate in an athletic competition or performance in which the individual is internationally recognized with a high level of achievement. Such achievement must be supported by a degree or skill, and the level of...

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May 20, 2025

Immigration

U Visas Violence Against Women Act (VAWA) Commuter green cards Deferred Action For Childhood Arrivals (DACA) H-1B visas H-2A visas I Visas for representatives of foreign media J-1 Visas L-1A Process O Visas P-1 visas P-1 visas for entertainment groups R-1 visas Student Visas TN NAFTA professionals

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May 17, 2025

I-212 (Time Bar) Waiver

The I-212 Waiver allows some individuals who would otherwise be barred from reentering the United States for a specified period of time (known as a period of inadmissibility or a “time bar”) to apply for permission to reapply for admission to the United States. The I-212 Waiver alone is not...

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May 10, 2025

Getting Your Bench Warrant Lifted

A bench warrant is an order issued by a judge that gives law enforcement personnel authority to arrest an individual and bring him to court. The term derives from the common practice of issuing this type of warrant during proceedings, while the judge is sitting “on the bench” in the...

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May 08, 2025

Surrogacy and Custody in Pennsylvania

While surrogacy is legal in Pennsylvania, it is important to establish clear guidelines early in the surrogacy process and to seek legal counsel to ensure that the intended parents are actually listed as parents on the child’s birth certificate. Some counties in Pennsylvania may be willing to establish pre-birth court...

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April 23, 2025

Provisional Unlawful Presence(I-601A) Waiver

For individuals facing certain inadmissibility issues, such as unlawful presence, the immigration journey can be complex. This, known as the Provisional Unlawful Presence Waiver, is a vital tool that provides hope and a chance to overcome these obstacles. In this article, we will address the details of the Provisional Unlawful...

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April 20, 2025

USCIS Ombudsman

The office of the U.S. Citizenship and Immigration Services (USCIS) Ombudsman is a part of the Department of Homeland Security (DHS). USCIS Ombudsman does not have the power to make decisions on a particular case, but instead, they work to improve the process and address issues. One of the most...

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April 16, 2025

Q visas

The Q nonimmigrant visa may be granted to participants in international cultural exchange programs designated by the Department of Homeland Security (unlike the J nonimmigrant visa, which is intended for participants in such programs designated by the Department of State). Only qualified employers or their designated agents who administer such...

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April 16, 2025

How Does Your Criminal History Affect the Naturalization Application?

Having a criminal history may affect your naturalization application. While not all criminal convictions will make you ineligible for naturalization, certain crimes can seriously affect your immigration status and may lead to the denial of your naturalization application. The USCIS requires all applicants for naturalization to demonstrate good moral character...

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April 09, 2025

Bond Hearing in Immigration Court

A bond hearing is one type of legal proceedings held before the immigration court. The immigration judge decides whether a detained individual is eligible for release from detention while he/she awaits the outcome of the removal proceedings. If eligible, the judge will set a bond amount that the individual must...

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April 05, 2025

The Public Charge Rule

Background: The “Public Charge Rule” has been in the news a lot lately, and it’s caused a lot of concern for intending immigrants and their loved ones. While the Public Charge Rule is not new—it’s found in the Immigration and Nationality Act (the “INA”)—the United States Department of Homeland Security...

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April 03, 2025

Green Card Interviews with USCIS

After an individual applies for his or her green card, they will be scheduled to appear before an immigration officer at the local USCIS office. The purpose of the interview is to determine the immigrant’s eligibility for the green card as well as to assess the applicant’s credibility. When the...

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March 27, 2025

U visa

Immigrants who are in the U.S. illegally may be hesitant to contact law enforcement officials due to a fear of deportation or other repercussions. Immigrants may not report crimes for which they are victims, of out of fear that their illegal immigration status will be revealed. The U visa was...

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March 12, 2025

Immigration Court 101: Hearing Types

If you have a case before an immigration court, and have already received a “Notice to Appear,” you are considered to be “in removal proceedings.” This means that legal proceedings have been initiated against you for the purpose of determining if you will ultimately be removed, or “deported,” from the...

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March 06, 2025

Visas

B1/B2 Visas Diversity Visas (Visa Lottery) EB-5 Investor Visa K-3 Visas L-1 Visas M Visas for Vocational or Nonacademic Programs NAFTA Professionals and TN Visas Premium Processing Optional Practical Training (OPT) and Immigration in the US Q Visas H1B Visas T Visa: Victims of Human Trafficking U visa

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March 03, 2025

Commuter Green Cards

There is an exception to the rule that all green card holders must reside in the United States. That exception is when an applicant is a resident of Canada or Mexico and travels from one of these countries to the United States on a daily or frequent basis for purposes...

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February 25, 2025

What Constitutes an Arrest Under the Fourth Amendment?

Popular ideas concerning proper police conduct and criminal prosecution, derive mainly from popular culture, including from movies and television, which may often serve to gloss over significant and complex issues associated with the prosecution of crimes and can cause confusion for a layperson, unfamiliar with criminal law and procedures. For...

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February 25, 2025

Expungement and Sealing of Criminal Records in Pennsylvania

Many of our clients who have encountered the criminal justice system, in even the most innocuous of circumstances, such as in traffic violations or excessive parking citations, express concern about how such “run-ins” with the law may affect their prospects for such things as employment, housing, education, government benefits, or...

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February 24, 2025

High Income Support Cases

In most child and spousal support cases, a set formula is applied which takes into account both parties’ incomes, the number of children they have (if applicable), and in some cases, mortgage, health insurance, and certain other expenses. Generally speaking, unless a party has an extraordinary expense beyond the usual...

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February 24, 2025

E-2 Visa Classification

An E-2 visa is a nonimmigrant visa classification that is reserved for treaty investors in the United States. It allows an individual to work in the United States based on his or her controlling investment in the United States. Individuals who are already in the United States and hold a...

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February 20, 2025

Pennsylvania Child Support Attorneys – Articles

Alimony Pendente Lite/Spousal Support Appealing a Support Order Child Support in Termination of Parental Rights and Adoption Cases Child Support With Split Or Joint Custody Child Tax Credits and Support Collecting Support from out of state parent Tips to Lessen Financial Burden Day Care, Health Insurance and Other Expenses Double...

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February 20, 2025

Legal Custody v. Physical Custody

Legal custody is the ability to make important decisions for a child, such as school enrollment, choice of medical providers, religious affiliation, and many other decisions which may have long-term impacts on a child. Physical custody refers to the physical custody arrangements—essentially where, when, and how a parent cares for...

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February 20, 2025

Deferred Action For Childhood Arrivals

DACA was established in 2012 via the issuance of a Memorandum, “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.” This program conferred certain benefits to certain illegal aliens that Congress had not otherwise acted to provide benefits to, including affording these individuals a...

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February 20, 2025

Criminal Records and Custody

It is not uncommon for parents, or others seeking custody of a child, to have criminal records. Not every criminal charge is equal, and the Court is not required to consider all criminal charges in the same way. There is a list of specific offenses that the Court MUST consider...

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February 18, 2025

Re-Entry Permits

A Re-Entry Permit proves that a green card holder intends to maintain U.S. residency despite prolonged absences from the United States. It allows green card holders to re-enter the United States without jeopardizing their green card status. Without a Re-Entry Permit, prolonged stays outside of the U.S. could trigger questions...

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February 15, 2025

Transit and Crewmember Visas (C-1, D, and C-1/D)

C-1 visas are transit visas, which are used by nonimmigrants who need to travel through the United States en route to another country. Generally speaking, they must be used for “immediate and continuous transit,” meaning that the nonimmigrant must intend to travel quickly through the United States (he cannot have...

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February 13, 2025

Replacing a Lost or Expired Green Card

A Lawful Permanent Resident card (often referred to as a “Green Card”) is an important document that proves that an individual is living lawfully in the United States as a permanent resident and that they are legally authorized to work in the United States. When the card is lost, stolen...

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February 10, 2025

What Happens at the Preliminary Hearing?

Preliminary hearings serve to protect the defendant from baseless or unsubstantiated criminal charges. They are designed to ensure that the prosecution has sufficient evidence to allow a criminal trial to proceed. These hearings are much shorter than trials, lasting from half an hour to several hours, depending on the complexity...

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February 10, 2025

INFOPASS

InfoPass is a free service offered by U.S. Citizenship and Immigration Services (USCIS) that allows you to schedule an appointment with a USCIS field office to discuss your immigration case in person. InfoPass appointments are not for all the immigration questions you may have. For example, if you need to...

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February 08, 2025

Green Cards

ADIT Stamps Adjustment of Status Under 245i Affidavit of Support Asylum in the United States Cancellation of Removal for Lawful Permanent Residents Common Documents Need For Green Card Application Commuter Green Cards Crimes Involving Moral Turpitude Cuban Adjustment Act Diversity Visas (Visa Lottery) Green Cards for Immediate Relatives of U.S....

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February 08, 2025

Are My Juvenile Criminal Records Sealed?

There is a popular notion in our society that juvenile court records are ultimately disposed of, or otherwise inaccessible to public view, or even to law enforcement and courts. These ideas derive from the common perception that crimes committed by minors should be treated with more leniency and addressed with...

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February 07, 2025

Certificate of Citizenship

While most US citizens will never obtain a Certificate of Citizenship, a Certificate of Citizenship is used to prove US citizenship for individuals who acquired citizenship through their parents (rather than through the naturalization process). A Certificate of Citizenship is typically used by individuals who were born abroad. For example,...

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February 05, 2025

The Board of Immigration (BIA) Appeals

The Board of Immigration Appeals (BIA) is a part of the Executive Office for Immigration Review (EOIR). It has nationwide jurisdiction to hear appeals from decisions of immigration judges and Department of Homeland Security (DHS) officers. The BIA’s primary function is to ensure the uniform application of immigration laws across...

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February 03, 2025

Surrogacy and Custody in Pennsylvania

While surrogacy is legal in Pennsylvania, it is important to establish clear guidelines early in the surrogacy process and to seek legal counsel to ensure that the intended parents are actually listed as parents on the child’s birth certificate. Some counties in Pennsylvania may be willing to establish pre-birth court...

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February 01, 2025

B-1 Temporary Business Visitor Visas

Individuals from foreign countries may be eligible to apply for a B-1 visa if they will be coming to the United States for a temporary purpose of participating in a specific, limited business or professional activity. B-1 visas are typically granted for individuals who will be participating in the following...

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January 27, 2025

L-1A Process

The L-1A visa process assists U.S. employers in transferring employees who hold positions such as managers, executives, and employees with specialized knowledge from a foreign entity to a U.S. entity. The employer must be doing business in the United States and one other country, and must have an employer-employee relationship...

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January 24, 2025

I Visas For Representatives Of Foreign Media

Individuals may be eligible for the I, Representatives of Foreign Media, nonimmigrant visa if they meet the following criteria: The foreign national represents a foreign media outlet; The foreign national is coming to the U.S. to solely engage in the media profession; and The foreign national has a home office...

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January 15, 2025

Employment Based Immigration

EB-5 Investor Visa E-1 visa E-2 Visa Decoding the Visa Bulletin H-1B Visas H-2A Visas H2A is a Resource for Temporary Workers H-2B is a Resource for Temporary Non-Agricultural Workers I visas INFOPASS L-1 Visas NAFTA Professionals and TN Visas Notice of Intent to Deny (“NOID”) O Visas P1A visas...

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January 14, 2025

Gun and Drug Possession Law in Pennsylvania

In Pennsylvania, the penalties and punishments for drug offenses vary widely and significantly. A person charged with drug crimes may simply face a short sentence of probation, and a minimal fine, while another may face incarceration for several years and incur heavy fines and costs. Several factors play a role...

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January 09, 2025

Immigration Detainers

An immigration detainer is a way for Immigration and Customs Enforcement (“ICE”) to request that an individual who is being detained in a county or state prison or jail on criminal charges, be detained within that same facility for up to an additional 48 hours past the time they otherwise...

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January 04, 2025

Marital Settlement Agreements

A marital settlement agreement (or “MSA”) is a binding contract between two parties in a divorce matter, which typically includes agreements as to how the parties will divide any marital assets and debts, and may also include provisions for alimony, timelines for the sale of real estate or other property,...

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December 26, 2024

How a DUI Offense Can Affect Auto Insurance

Apart from the usual and commonly expected consequences of a DUI conviction, such as license suspension, court fines, mandatory educational programs, and lawyers’ fees, there are other significant consequences, of which many are unaware, including the strict constraints that such convictions place on obtaining and keeping automobile insurance. Since the...

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December 22, 2024

Student Visas

For individuals who wish to study full time, in the U.S., there are two (2) non-immigrant visas that students may apply for: F-1 or M-1. In order to qualify to study in the United States, the student must be enrolled in an academic educational program, a language-training program or a...

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December 21, 2024

H-1B Visas: A Guide to The Process

When a United States employer seeks to employ a foreign national temporarily in a specialty occupation in the United States, a strict process must be followed. The foreign national must be sponsored by the employer. First, a labor condition application (LCA) must be electronically filed with the United States Department...

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December 20, 2024

Waiver of Grounds of Inadmissibility (I-601)

The path to immigrate to the United States is not always straightforward, and many individuals face the challenge of inadmissibility. This, known as the Waiver of Grounds of Inadmissibility, is crucial in helping individuals overcome these immigration obstacles. In this article, we will explore the Waiver of Grounds of Inadmissibility...

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December 11, 2024

Medical Exams for Green Card Applicants

Getting Your Green Card: Medical Exam (Form I-693) Every client applying for a green card will need a medical examination. Not just any doctor can complete the required form, the I-693 Report of Medical Examination and Vaccination Record. Only a “civil surgeon,” a doctor approved by USCIS or the Department...

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December 10, 2024

TN Visas

Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican professional workers may qualify for temporary employment in the United States. Dependents accompanying the TN Nonimmigrant may be eligible for TD status as well. The following professions are considered eligible, pursuant to NAFTA: accountants engineers lawyers pharmacists scientists teachers...

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December 09, 2024

InfoPass Appointments with USCIS

InfoPass is a service provided by USCIS to assist permanent residents, intending immigrants, or non-immigrant visa holders with services that cannot be provided via phone or email. Generally, these in person appointments are reserved for urgent matters, such as emergency travel documents or proof of immigration status for work or...

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December 02, 2024

Current status of DACA Program (July 2021)

The DACA program has weathered quite a few changes over the years, and was almost ended entirely during the Trump administration. Currently, existing DACA recipients may continue to renew their DACA status and their work authorization. While new DACA applications have been accepted by USCIS over the past eight months,...

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November 25, 2024

What if Divorcing Spouses Share a Mortgage?

Married couples tend to share their resources and their responsibilities. They then have to address their finances when they decide to divorce. Most couples who purchase real estate require financing. A mortgage takes weeks to obtain in most cases and involves a commitment that lasts for decades. Couples often qualify...

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November 14, 2024

Divorce in Pennsylvania

Divorce Fundamentals Divorce in the age of social media: What spouses should know Divorce for Victims of Abuse Agreements and Financial Aspects Agreements in Family Law Marital Settlement Agreements Enforcing Marital Settlement Agreements Prenuptial/Postnuptial Agreements Alimony Spousal Support vs. Alimony Pendente Lite Equitable Distribution Double Dipping Retirement Account Distribution in...

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November 10, 2024

Navigating Inadmissibility to the United States

The journey to becoming a lawful resident or citizen of the United States is often met with various legal complexities and requirements. One significant hurdle that individuals may encounter is the concept of inadmissibility, which can pose obstacles to their immigration goals. In this article, we will explore the concept...

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November 07, 2024

Is My Criminal Record in Pennsylvania Automatically Expunged After Completion of Accelerated Rehabilitative Disposition (ARD

The most well-known, and perhaps greatest, benefit of the ARD program for criminal offenders in Pennsylvania is the “expungement,” or removal, of criminal records pertaining to an eligible or qualifying ARD offense. The offering of this benefit is consistent with the ARD program’s mission to encourage offenders to make a...

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November 04, 2024

Crimes Involving Moral Turpitude (“CIMT”)

Crimes involving moral turpitude (“CIMT”) is a unique legal concept in immigration law. Having a conviction for a CIMT could be a determining factor in assessing an immigrant’s inadmissibility and could lead the immigrant to deportation or denial of entry. It may be unclear which certain criminal convictions can be...

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October 31, 2024

Earning Capacity

In child or spousal support proceedings, an “earning capacity” may be imposed on a party for the purpose of calculating support if that party willfully fails to maintain or obtain appropriate employment. Assessing someone an earning capacity means that that party’s support obligation will be calculated on a determination of...

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October 26, 2024

H-1B Visas

When a United States employer seeks to employ a foreign national temporarily in a specialty occupation in the United States, a strict process must be followed. The foreign national must be sponsored by the employer. First, a labor condition application (LCA) must be electronically filed with the United States Department...

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October 19, 2024

The Two and Three-Strike Laws in Pennsylvania

Pennsylvania’s Three Strikes Law refers to the state’s statute in the Pennsylvania Judicial Code that mandates stiffer sentences for individuals facing criminal charges, based upon certain prior criminal felony offenses they have committed. As with over half of the states in the nation, Pennsylvania has enacted a statute, designed to...

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October 18, 2024

Medical Exams for the Green Card Process

In order to ensure that applicants for lawful permanent residence in the United States (green cards) do not have any communicable diseases that they will bring to the United States, every client applying for a green card is required to undergo a medical examination. This medical examination cannot be completed...

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October 16, 2024

Special Immigrant Juveniles

Children and young adults under 21 years of age from other countries who are in the United States and need the protection of a juvenile court due to abandonment, neglect, or abuse may be eligible for a Special Immigrant Juvenile (“SIJ”) classification. Children who are SIJs may qualify for a...

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October 13, 2024

Change of Address with USCIS?

If you move while your application is still pending, and before you become a U.S. Citizen, you should report a change of address to United States Citizenship and Immigration Services (USCIS). Reporting your change of address to USCIS will help ensure that you continue to receive important notices and documents...

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October 06, 2024

Can I Be Prosecuted for “Bouncing” a Check?

A person commits an offense of passing a bad check in Pennsylvania if he issues or passes a check, or similar sight order, for the payment of money, knowing that it will not be honored by the bank drawing on the account. Ostensibly, the critical element in prosecuting a bad-check...

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October 03, 2024

Contempt

The term “contempt” arises in many different types of legal proceedings, and it means a willful disregard of a court Order or of a court’s authority. In custody cases, contempt issues often arise when a parent is not following the custody order. Sometimes, a parent is justified in making a...

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September 29, 2024

What Rights Do I have If I Violate My Probation?

In 1965, Gerald Scarpelli pleaded guilty to an armed robbery charge in Wisconsin. Scarpelli was sentenced to prison for a term of 15 years, but his sentence was suspended and he was placed on probation for a seven-year term. Weeks after his sentencing, Scarpelli was apprehended by police while in...

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September 27, 2024

Vacating or Reopening a Divorce Decree

Typically, the Court’s involvement in a couple’s divorce ends upon the entry of a Divorce Decree. In some cases, however, one of the parties may wish to vacate the Divorce Decree or to reopen the divorce in order to seek various types of relief. The grounds for vacating a divorce...

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September 26, 2024

Child Support with Split Custody

When the obligor (the parent who pays child support) has partial physical custody of  child and the child spends less than 40% of overnights with the obligor, the obligor will pay the full amount of child support according to the guidelines as set forth in Pa.R.C.P. 1910.16-1—1910.16-7. When the child...

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September 25, 2024

Commuter Green Cards

There is an exception to the rule that all green card holders must reside in the United States. That exception is when an applicant is a resident of Canada or Mexico and travels from one of these countries to the United States on a daily or frequent basis for purposes...

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September 24, 2024

Administrative Closure

Administrative closure is one of the procedural ways in immigration proceedings that immigration judges or the Board of Immigration Appeals (BIA) temporarily remove a case from their active docket. Unlike a final decision, administrative closure leaves the case unresolved but inactive. For example, if a case is terminated or dismissed,...

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September 18, 2024

Removal of Conditions

A lawful permanent resident (“LPR”) who has been married to a U.S. Citizen or lawful permanent resident for less than two years at the time of his or her green card interview will initially receive a two-year “conditional” green card, rather than the typical green card that is valid for...

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September 14, 2024

How are Health Insurance, Day Care Expenses and Private School Expenses Calculated with regard to a Child Support Obligation?

Each party will be responsible for a certain percentage of additional costs incurred to raise a minor child. These additional expenses are calculated and allocated between the parties in addition to the basic child support obligation. Examples of additional expenses that will be allocated between the parties are child care,...

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September 04, 2024

ADIT Stamp

The ADIT is an abbreviation for Alien Documentation, Identification, and Telecommunication. The ADIT stamp is issued by the United States Citizenship and Immigration Services (USCIS) to lawful permanent residents who are in the process of renewing their green cards, or who have had their green cards lost, stolen, or destroyed....

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August 30, 2024

J-1 Visa Waiver: Staying in the United States After Completing Exchange Programs

The J-1 visa program is designed to promote cultural exchange and skill development in the United States, allowing foreign nationals to participate in various exchange programs. However, one of the critical considerations for J-1 visa holders is the “two-year home residency requirement.” Under this rule, certain J-1 visa participants are...

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August 27, 2024

Emergency Custody Petitions

Ordinarily, if you want to file for an initial Order for custody or if you want to modify an existing custody order, one would need to file a Custody Complaint or a Petition for Modification of Custody. The Court must then schedule a custody conciliation within forty-five (45) days of...

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August 26, 2024

Marital Settlement Agreements

When parties are going through a divorce, decisions must be made as to how to divide the marital assets and debts. Rather than fully litigating these matters through the Courts, the parties are often able to reach an agreement as to the distribution outside of Court. It is important, however,...

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August 26, 2024

Establishing Paternity

In Pennsylvania, a child born to a mother who is married to a man is presumed to be that man’s child.  This presumption can be overcome if the parties agree that the child does not belong to the husband, or if a genetic test shows that he is not the...

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August 12, 2024

Asylum EAD Clock

The Employment Authorization Document (EAD) is important for many asylum seekers, allowing them to work legally while their asylum applications are pending. One of the important factors to be considered for a work permit application during the asylum process is the asylum EAD clock. The asylum clock refers to the...

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August 09, 2024

Criminal-Charge Stacking and Double Jeopardy

The legal concept of “double jeopardy” is relatively well understood in our society as the prohibition against prosecution and punishment for the same offense a second time. The Fifth Amendment to the U.S. Constitution provides that no person shall “be subject for the same offense to be twice put in...

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July 30, 2024

Citizenship and Naturalization

Acquisition of U.S. Citizenship at Birth or by Adoption Acquisition of United States Citizenship at Birth Acquisition of US Citizenship through Adoption Appealing a Denial of U.S. Citizenship Citizenship/Naturalization Exemptions to the English and Civic Test for Naturalization How does your criminal history affect the naturalization application Loss of United...

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July 29, 2024

What Counts as Income in Support Proceedings?

Because support is calculated based on the parties’ respective incomes, it is necessary to determine the parties’ incomes in support proceedings. Income typically includes wages, salaries, commissions, bonuses, and other earnings from employment. However, it is not uncommon for parties to have other types of income, such as Social Security...

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July 21, 2024

Preparing for a Support Conference

Whether you are filing to receive child or spousal support, or you may be required to pay support, you will need to present information and evidence regarding your income and expenses at a support conference.  The following are the types of documents that are typically required, regardless of the type...

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July 15, 2024

O Visas

O-1 non-immigrant visas are available for those individuals who possess extraordinary ability in the sciences, education, business or athletics (O-1A); those individuals who possess extraordinary ability in the arts, including achievements in the motion picture or television industry (O-1B); those individuals who accompany artists or athletes to assist with specific...

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July 09, 2024

H-2A Visas

The H-2A visa program permits U.S. employers to sponsor foreign nationals and bring them to the U.S. to fill temporary agricultural jobs. The U.S. employer must file a Form I-129, Petition for Nonimmigrant Worker, on behalf of the prospective employee. The U.S. employer must meet the following criteria: Offer a...

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July 04, 2024

3 Financial Mistakes to Steer Clear of During Divorce

Divorcing spouses should protect themselves financially by minimizing asset waste, budgeting accurately and seeking all available property and support. Many people who are seeking divorces in Harrisburg appreciate the financial challenges that come with this process, which often results in direct legal costs and increased living expenses. Unfortunately, despite this...

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June 26, 2024

Enforcing Marital Settlement Agreements

A Marital Settlement Agreement is an agreement that the parties have reached to divide their assets and liabilities, any claims to alimony, and other matters at issue in their divorce proceedings. Most of the time, parties abide by the terms of the Marital Settlement Agreement (hereinafter “MSA”). However, there are...

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June 25, 2024

Mental Health and Custody

Mental health concerns are frequently addressed in custody cases. Parents, the children, or others involved in a case may experience a vast array of mental health concerns which may affect the custody matter. When the parents or others individuals who are parties to the custody matter have mental health issues,...

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June 20, 2024

245(i) Adjustment of Status

Section 245(i) of the Immigration and Nationality Act (INA) allows some individuals who would otherwise be ineligible to adjust their status (receive their green card) if they meet certain criteria. Such individuals may ordinarily be ineligible to obtain their green card from inside the United States because they entered the...

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June 13, 2024

Humanitarian Parole Process

Parole enables the temporary entry of an individual into the United States, even if they are considered inadmissible or otherwise ineligible for admission.  The Secretary of Homeland Security has the authority to exercise their discretion and grant parole to individuals seeking temporary admission to the United States for compelling humanitarian...

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June 12, 2024

T Visas for Victims of Human Trafficking

What is a T visa? A T visa is a non-immigrant visa available to victims of human trafficking. What is human trafficking? Human trafficking is “a form of modern-day slavery in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers...

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June 03, 2024

What Are the Requirements for a Fiancé Visa?

Many family-based immigration visas focus on biological family members. People can extend immigration opportunities to their children and other close family members in some scenarios. The immigration opportunities for permanent residents are somewhat different than those for naturalized citizens. Citizens have more options available to them. If someone wants to...

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May 30, 2024

Visas

B-1 Visas C-1/D Visas TN NAFTA Professionals I Visas for Representatives of Foreign Media J-1 Visas O Visas P1A Visas for Athletes P1A Visas for Entertainment Groups R-1 Visas Deferred Action For Childhood Arrivals (DACA) Special Immigrant Juveniles T Visas of Human Trafficking

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May 27, 2024

What is Veterans Court?

Many of our country’s veterans face unique and extremely difficult challenges as they attempt to re-enter and reintegrate into civilian life, following their discharge from active-duty service. Extended periods of separation from family, friends, and loved ones can cause great strain on personal relationships. Service-members also face harsh economic strains...

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May 21, 2024

Asylum in the United States

What is Asylum? Asylum is legal protection granted to foreign nationals who fled their home country to avoid persecution they suffered, or that they would suffer if they were forced to return to their home country. In order to be eligible for asylum, an applicant must meet the definition of...

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May 07, 2024

Immigration Court 101: Appealing a Denial

Immigration Judges have the authority to deny relief from deportation and order that individuals be deported from the U.S. Their decisions are considered final, however, in most scenarios, denials can be appealed. An appeal is an application to a higher court or administrative tribunal that states that an error or...

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May 06, 2024

The Bail Process in Pennsylvania

The right to be free from incarceration before a criminal trial is a fundamental right guaranteed by the Pennsylvania Constitution, which is consistent with the equally sacrosanct principle of our criminal justice system: the presumption of innocence. This important protection is designed to guard against the harmful consequences of incarceration,...

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May 06, 2024

Support for Disabled Adult Children

While child support in Pennsylvania generally ends when a child turns 18 or graduates from high school (whichever occurs later), it is sometimes possible to receive support for a disabled adult child who is no longer in high school. In order to continue to receive support for a disabled adult...

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May 05, 2024

Haiti Designated for Temporary Protected Status

Haitian nationals (or individuals who last resided in Haiti) who are currently inside the United States may be able to lawfully remain in the country on what is called “Temporary Protected Status” or “TPS.” On August 3, 2021, a new designation of TPS for Haiti was published in the Federal...

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April 23, 2024

Defective Notices to Appear (NTAs)

A Notice to Appear (NTA) is an important document that places an individual in removal proceedings before an immigration judge. The NTA includes specific details about an immigration hearing, such as name, date of birth, nationality, the time and date of hearing, the legal grounds for removal, etc. The Department...

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April 21, 2024

L1 Visas

The L1 is a non-immigration visa. It helps employees (visa applicant) move between different countries for their jobs. It is like a bridge connecting employees (visa applicant) and companies (sponsor) across borders. L1 visas offer many benefits for both companies and employees. Companies can quickly send their skilled employees to...

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April 18, 2024

Mental Health Court in Pennsylvania: An Approach to Therapeutic Jurisprudence and Restorative Justice

Beginning around the turn of the century, the Pennsylvania criminal justice system began to conceptualize a system that would combine legal and therapeutic strategies and practices to address the problems with ever-increasing recidivism in the Commonwealth. Many of the individual counties across the state desired to address the social, psychological/medical,...

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April 16, 2024

Child Custody in Pennsylvania

Custody Processes And Legal Framework Custody Conciliation Custody Evaluations Custody Modifications Custody Stipulations and Agreements Custody Trial: What to Expect Mental Health and Custody Risk of Harm (5329) Evaluation Custody Types And Issues Joint Custody Legal Custody v. Physical Custody Grandparent Custody Guardianship In Loco Parentis Custody Challenges And Complications...

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April 12, 2024

J-1 Visas

The J-1 Visa is available to individuals who wish to participate in a cultural or educational exchange program in the United States. The J-1 is a non-immigrant visa and may include a requirement to take the skills or experiences gained during this program back to his or her home country...

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April 09, 2024

TPS – Temporary Protected Status

Temporary Protective Status (TPS) is granted by the Secretary of the Department of Homeland Security. TPS is a form of humanitarian immigration relief that allows foreign nationals from certain countries to remain in the United States for a limited period of time.  TPS provides temporary protection from deportation and permission...

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April 06, 2024

H1B Visas

With the right qualifications and experience, talented individuals from all over the world can find success in the United States. Despite the current challenges of obtaining an H1B visa, many international students and professionals still consider it worthwhile to pursue their professional dreams in the United States. The H-1B visa...

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April 04, 2024

P1 Visas for Entertainment Groups

The P visa is issued to international athletes who wish to come to the United States to perform in high level athletic competition (P-1A); and to members of internationally recognized entertainment groups who wish to perform in the United States (P-1B). The P-1A visa is more fully discussed in another...

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March 23, 2024

Replacing a Green Card after Turning 14

For lawful permanent residents of the United States, a green card provides proof of legal status in the United States. It can be used for various purposes, such as employment, travel, and access to government services. If you received your green card before turning 14 years old, you are required...

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March 12, 2024

Crimes Involving Moral Turpitude (“CIMT”)

Crimes involving moral turpitude (“CIMT”) is a unique legal concept in immigration law. Having a conviction for a CIMT could be a determining factor in assessing an immigrant’s inadmissibility and could lead the immigrant to deportation or denial of entry. It may be unclear which certain criminal convictions can be...

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March 11, 2024

What Is the Process for Modifying a Custody Order?

A Pennsylvania custody order establishes numerous key terms for adults who have children together. Custody orders discuss the overall breakdown of parenting time between the adults and also allow for parents to share legal custody or decision-making authority. Parents either establish custody arrangements by negotiating with one another or by...

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March 05, 2024

Custody Evaluations

A custody evaluation is an evaluation conducted by a psychologist to analyze the living situations, family dynamics, any mental health issues of the parties, and other relevant concerns and to make recommendations based on the child(ren)’s best interests in an ongoing custody matter. In Pennsylvania, custody evaluations are authorized by...

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March 04, 2024

Eyewitness Identifications – Credible or Problematic?

In the American criminal justice system, a critical component that helps to promote fair and orderly trials, and to prevent convictions based upon such errors or procedural defects as mistaken eyewitness identification, is the right of criminal defense lawyers to file motions to suppress “suggestive” eyewitness identifications. The term suggestive...

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February 25, 2024

Parenting Coordination

What is it? Parenting coordination is a process by which a neutral third party helps opposing parties in a custody matter resolve certain custody-related issues. The current version of the parenting coordination statute, found at Pa.R.C.P. 1915.11-1, came into effect on March 1, 2019. What Sort of Issues Can a...

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February 18, 2024

§5329 Risk of Harm Evaluations in Custody Cases

In custody actions, if one parent believes that the other parent, or someone who lives with the other parent, poses a risk of harm to the minor child who is the subject of the custody action, the concerned parent must bring this concern to the Court’s attention.  Each party is...

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February 12, 2024

Acquisition of US Citizenship through Adoption

Children born abroad and adopted by US citizen parents may acquire US citizenship from their parents. Starting on February 27, 2001, children who could satisfy the following requirements before their 18th birthdays automatically became US citizens: The child was lawfully adopted (whether in the US or abroad) by at least...

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February 09, 2024

Expedited Removal

Expedited removal is a process used by immigration authorities to promptly deport individuals deemed inadmissible to the United States without further hearing or review. This process allows the rapid removal of individuals who entered the U.S. border without proper authorization or documentation. Expedited removal can be applied to individuals who...

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February 07, 2024

Visitor (B1/B2) Visas

The B1/B2 visa is a non-immigrant visa designed for individuals intending to visit the United States temporarily for business (B1) or pleasure/tourism (B2) purposes.  It permits entry for a specified duration, allowing visa holders to engage in only authorized activities such as business meetings, conferences, tourism, or visiting relatives and...

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February 07, 2024

R-1 Temporary Nonimmigrant Religious Workers

A foreign national may apply for a religious visa as long as they are a member of a religious denomination that has a bona fide non-profit religious organization in the U.S. The foreign national must be employed as a minister or in another religious vocation or occupation at least twenty...

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February 06, 2024

The Criminal Appeal Process

The Pennsylvania criminal justice system provides two avenues of relief for challenging a conviction or sentence in a criminal proceeding. First, a defendant may file a direct appeal from the Court of Common Pleas to the next level of appellate court, which is the Pennsylvania Superior Court. This type of...

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January 26, 2024

Addiction Issues and Custody

Courts are increasingly recognizing that addiction to drugs or alcohol is not simply a “choice” that one can easily escape through abstinence. In custody matters, the best interests of the child(ren) involved in a custody action is always the foremost concern. However, it is not always necessary to completely separate...

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January 21, 2024

What Happens at an Arraignment in a Criminal Case?

A preliminary arraignment is the first step in a criminal proceeding after an arrest by police or after the issuance of a court summons. During an arraignment, a Magistrate or Magisterial District judge calls an individual charged with a crime, called the “Defendant,” and formally presents the charges laid against...

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January 20, 2024

Permission to Reapply After Removal from the U.S.

Once an individual has been removed (deported) from the U.S., they cannot re-enter the United States without asking permission from the U.S. government.  An I-212 waiver is needed for some individuals who have been removed from the United States pursuant to an order of removal, and for individuals who have...

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January 17, 2024

What is Marital Property?

Clients frequently ask which assets are considered to be “marital property” subject to equitable distribution in a divorce. Generally speaking, most assets acquired during the marriage are marital property, unless the parties have signed a pre- or post-nuptial agreement which specifies differently. This is true regardless of how those assets...

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January 11, 2024

Family Based Immigration

ADIT Stamp Affidavit of Support Appealing a Denial  Changing Address with Immigration Decoding the Visa Bulletin Denial of Immigration Petition Fiancé Visas Green Cards for Immediate Relatives of U.S. Citizens Green Cards for Other Relatives of U.S. Citizens of Lawful Permanent Residents How to Obtain an ITIN for Tax Filing...

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October 29, 2020

How Are Debts Divided in a Divorce?

Couples generally focus their attention on the division of property during a divorce. From deciding who gets the rare book collection to who maintains access to various digital assets, property division can quickly become a series of heated disputes. It is crucial that divorcing couples also thoroughly examine their marital...

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September 04, 2020

Dividing a Family Business in Divorce

Divorcing couples face countless challenges as their marriage comes to an end. They must negotiate numerous disputes and navigate heated emotions while resolving logistical and financial problems for betterment of their futures. From property division to parenting time, both parties must work to resolve their differences to reach a compromise....

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April 13, 2020

Supporting Your Next Chapter Through Divorce

Divorce is often viewed as and usually feels like, a negative thing. While it can be extremely challenging, divorce may also be the right decision for your family. Fortunately, divorce is not just about ending a marriage. It also is an important stage in preparing yourself and your family for...

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December 05, 2019

Custom Craft Your Divorce With Collaboration

You and your partner have decided to go your separate ways. You’re not looking forward to heading to the courtroom to hash out your divorce, and thanks to some adjacent options, you may not have to. Collaborative divorce relies on your willingness to resolve the split in a constructive and...

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March 31, 2019

What Is an H-1B Visa?

If you are an immigrant living in Pennsylvania, you may wish to look into the H-1B visa program as a way to gain long-term temporary access into the United States by one or more of your family members. Understand, however, that your family member will need to have a college...

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October 11, 2018

Walking the Path to a Healthy Divorce

If you are contemplating divorce but dreading it at the same time, you are not the only one. However, do not make the mistake of believing everything negative you see and hear about divorce in the media and from friends and family. Although many divorces are painful and full of...

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