Cases involving young children always require more in the courtroom. What to consider when asking a court to outline a visitation and possession schedule for a child under the age of 3 -
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Possession for Children Less than 3 years old in Texas | Yale Law Group
TAX DEDUCTIONS FOR CHILDREN IN A DIVORCE
There is often a question who will have the tax deductions for the children following a divorce of parents. The short answer is the parent who has the child or children the majority of the time, that being more than 50 percent of the time. However, the parties may agree to divide the deductions as a means of settling their marital estate and in doing so the Internal Revenue Service requires that a form be completed. That form is Form 8332. That form may be obtained at WWW.IRS.GOV. If the Final Decree of Divorce is silent as to who can claim the children then the parent who has the children the majority of the time is recognized as the proper party by the Internal Revenue Service. There are certain instances where it is favorable for a party to negotiate away their right to claim the children as deductions. One example would be where a stay-at-home parent has no income and therefore could not use the deduction, while the other parent may be a high income earner and would benefit by the deduction reducing their total taxable income. In any event, a rough calculation as to the value of the tax deductions should be done before you give away this valuable asset.
I-601A Waiver: Provisional Unlawful Presence Waiver
On January 3, 2013, The Department of Homeland Security (DHS) published a new unlawful presence waiver rule, which allows certain immediate relatives of U.S. citizens who are physically present in the U.S. to request provisional unlawful presence waivers prior to departing the United States for consular processing of their immigration visa applications.
Who is eligible to apply for a provisional waiver in the United States?
In order to be able to apply for a Provisional Unlawful Presence Waiver, the applicant must be:
(1) at least 17 years old;
(2) an immediate relative of a U.S.;
(3) present in the United States at the time of filing the application for a provisional presence waiver and for biometrics collection;
(4) upon departure, would be inadmissible only under section 212(a)(9)(B)(i) of the Act (i.e. would subject only to the 3- or 10-year bars of inadmissibility for unlawful presence in excess of 180 days);
(5) is the beneficiary of an approved immediate relative petition (Form I-130 or I-360);
(6) has a case pending with the Department of State based on the approved immediate
relative petition and has paid the immigrant visa processing fee as evidenced by a State Department Visa Processing Fee Receipt;
(7) will depart from the United States to obtain the immediate relative immigrant visa; and
(8) must be able to demonstrate “extreme hardship” to his or her U.S. citizen spouse or parent.
For more information on the I-601A Waiver, contact Jane Gekhman at 940/891-4800!
ARE YOU ELIGIBLE FOR DEFERRED ACTION?
As many of you know, President Obama, through executive order, enacted a deferred action, also known as the Dream Act on June 15, 2012. The requirements to be eligible are as follows:
Were under the age of 31 as of June 15, 2012;Came to the United States before reaching your 16th birthday;Have continuously resided in the United States since June 15, 2007, up to the present time; Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; andHave not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
The Dream Act is a welcome addition for our prospective citizens. There is minimal application work and fees had been kept to a minimum by the government to enable as many people as possible to take advantage of this act. If you would like further information or would like to schedule an appointment with us, please call Jane Gekhman or Haim Vasquez at (940) 891-4800 and we can give you more particulars regarding the Dream Act and how our firm can help you.
AILA Resources on the Economic Benefits of Immigration
AILA InfoNet Doc. No. 12032174 (posted Jun. 26, 2012)
Yale Law published a note.
June 27, 2012 at 10:26 AM ·
AILA Resources on the Economic Benefits of Immigration
Reforming our immigration system is vital to creating a workforce that contributes to our economic security – both in times of prosperity and recession. Legal immigration is a highly regulated and tightly controlled system that serves our national interest by providing U.S. employers access to workers with the specific skills necessary to strengthen the economy and remain competitive in the global economy. Our current ability to bring in foreign workers from a range of skill levels, however, is extremely limited and outdated.
AILA InfoNet Doc. No. 12032174 (posted Jun. 26, 2012)
AILA Resources on the Economic Benefits of Immigration
Reforming our immigration system is vital to creating a workforce that contributes to our economic security – both in times of prosperity and recession. Legal immigration is a highly regulated and tightly controlled system that serves our national interest by providing U.S. employers access to workers with the specific skills necessary to strengthen the economy and remain competitive in the global economy. Our current ability to bring in foreign workers from a range of skill levels, however, is extremely limited and outdated.
AILA InfoNet Doc. No. 12032174 (posted Jun. 26, 2012)
