Wednesday, December 3, 2014

IMMIGRATION WEBINAR: 18 December 2014 at 1pm (FREE!)

Entry into the United States -- whether as a visitor for a short duration, or an immigrant with an intent to stay -- is a complicated area of law. Learn how to advise your clients -- and how to help yourself! -- while navigating the changing landscape of US immigration law.

This workshop will cover three topics -- family immigration, business immigration, and visas. It is not meant to be exhaustive. Rather, as a topical overview, you will leave the webinar with a greater understanding of how the US system works, the timeframes involved, the steps required for the most common forms of immigration and visa applications, and what to watch out for in terms of triggers and immigration pit-falls. More importantly, the new immigration reforms by President Obama will also be discussed.

Everyone is welcome to take part. Please invite any you feel might benefit from learning more about US immigration law. Let's get the right information out to those that can benefit from immigration reform!

Sean R. Hanover, Esq., principal attorney of Hanover Law -- an immigration and criminal/family law practice based in Washington, DC -- will be hosting the event.

The entire presentation will be streamed live, 18 December 2014 at 1pm (Eastern US time). It will last approximately 90 minutes and is absolutely free. If you are in the Washington, DC area, you are welcome to attend in person (this will be produced in our Fairfax offices).

To register, contact admin@hanoverlawpc.com. Please indicate your name, and occupation. We will send you the link and syllabus. There are no prerequisites to attending -- and we will answer questions at the conclusion of the presentation.

Saturday, November 22, 2014

NEW IMMIGRATION RELIEF: DACA EXPANDED -- NO MORE AGE LIMIT!

DACA is Now Available to All!

With President Obama's announcement last night, DACA (Deferred Action, Childhood Arrival) has been expanded. Previously, the age cap was 31 -- individuals older than 31 could not apply. That cap has been removed! DACA is now available to a person meeting the DACA eligibility requirements, regardless of age. Further, the continuous residency requirements have also been amended. The new DACA requirements are:

  1. You must have arrived in the United States before you 16th birthday.
  2. You must have remained in the United States continuously since 01 January 2010.
  3. You must not have any serious criminal record (no misdemeanors or felonies -- some exceptions here).
  4. You must not be a priority removal target for ICE/DHS (generally, this means you cannot be a repeat immigration removal offender, terrorist, national security threat, serious criminal, gang member, smuggler, or other ne'er-do-well).
Source: DHS Memorandum on DACA eligibility amendments

This is an outstanding opportunity for those who were previously excluded. We expect an overwhelming response to these new regulations. This will result in a large backlog and significant delays in processing. Contact Hanover Law now to start this process immediately. We will determine if you qualify, and what steps you need to take to complete the application process.

Do you have a criminal conviction that makes DACA difficult?


Do NOT be afraid. We specialize in helping folks just like you overcome their immigration difficulties. We practice throughout the East Coast in immigration courts from New York to Florida. We can help you! While no attorney can guarantee success, our experience assures you the best possible chance for obtaining legal status.

The new regulations indicate that you will receive a work permit (EAD = employment authorization document), and legal status, for three years under the DACA program. In most states, this will also allow you to obtain a driver's license and apply for student loans/aid. This is state specific, however, so be sure to discuss this with us when you call.

Start your DACA application now. Call us at 1-800-579-9864. The government filing fee for DACA is $465. This covers the EAD and biometrics fees. The actual application is free. We will complete your DACA application and shepherd your paperwork through the system for $750 + the filing fees. If two or more applicants apply from the same family, the cost is $500 per applicant + the filing fees.

Be CAREFUL how you apply. If your application is denied, you do not have a right to appeal the decision, and you may not apply again. We are licensed attorneys.

Your better future starts today. Contact us to start the process of obtaining legal status. Stop hiding and start living.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com Lili O'connell, Esq.
Abby Archer, Esq.
888 16th St., NW Ste 800
Washington, DC 20006
2751 Prosperity Ave, Ste 580
Fairfax, VA 22031
Sean R. Hanover, Esq.
Stephen Salwierak, Esq.
1-800-579-9864 admin@hanoverlawpc.com Charles Hatley, Esq.
Leigh Wells, Esq.

Friday, November 21, 2014

NEW IMMIGRATION RELIEF: DEFERRED ACTION FOR PARENTS

DACA expanded to parents of US Citizen or LPR children!

With his announcement last night, President Obama fundamentally changed the immigration landscape. If you are here illegally in the United States, and have a US Citizen or LPR child, you need to contact our Firm immediately. We can help you obtain legal status under the expanded DAP -- deferred action for parents program. The components of DAP are:

  1. You must have been continuously present in the United States since 01 January 2010.
  2. You must have a US Citizen or LPR (green-card holder) son or daughter.
  3. You must not have any serious criminal matter (generally defined as no misdemeanors or felonies -- some exceptions).
  4. You must not be an "enforcement priority" -- generally defined as a national security risk, criminal, repeat immigration offender, or gang member.
See: DHS Memorandum on expanded DACA/DAP

The filing cost is $465. This includes the cost of the EAD (employment authorization document) and biometrics. The actual application itself is free. Hanover Law is completing DAP applications for $750 (not including the filing fees) each -- or both mother and father together for $1000 + filing fees. Folks -- that includes preparing the package and shepherding the paperwork through the system. Let us help you, as we helped hundreds of DACA applicants. We can't guarantee any result -- that's up to the Attorney General, the Secretary of Homeland Security, and the President. However, we can promise a properly submitted application that has the best chance of success. Don't take any risks with this!

Like DACA, you do not get to apply twice. If you are denied DAP, there is no appeal or second application. DO NOT make the mistake of carelessly applying, or waiting too long. This will take some time for DHS/USCIS to get the process properly perfected -- you want to be in the front of the line to take advantage of this program -- not waiting years to get your work permit.

Once approved, DAP is valid for three years. This includes you right to work in the United States for three years, and further, to get a driver's license. Let us help you!

Contact Hanover Law today at 1-800-579-9864 to begin gathering information for the DAP process. Be ready when submissions are accepted -- get legal status and join the millions who enjoy the benefit of working, living, and thriving in the United States.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com Lili O'connell, Esq.
Abby Archer, Esq.
888 16th St., NW Ste 800
Washington, DC 20006
2751 Prosperity Ave, Ste 580
Fairfax, VA 22031
Sean R. Hanover, Esq.
Stephen Salwierak, Esq.
1-800-579-9864 admin@hanoverlawpc.com Charles Hatley, Esq.
Leigh Wells, Esq.

Saturday, November 8, 2014

Bankruptcy -- sample Complaint Filing for 523(a)(2) and 523(a)(6) Adversarial Process

I have been meaning to post the link to this for a bit. We are representing a client who is attempting to avoid the discharge of his claim against the debtor. The following is an example (pdf) of a bankruptcy adversarial filing under 523(a)(2), fraud, and 523(a)(6), willful and malicious injury done by the debtor.




Click here to download the PDF file.

If you have a bankruptcy adversarial case, contact us! We can help develop both a defense and offensive strategy as required.



Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com Lili O'connell, Esq.
Abby Archer, Esq.
888 16th St., NW Ste 800
Washington, DC 20006
2751 Prosperity Ave, Ste 580
Fairfax, VA 22031
Sean R. Hanover, Esq.
Stephen Salwierak, Esq.
1-800-579-9864 admin@hanoverlawpc.com Charles Hatley, Esq.
Leigh Wells, Esq.

Bankruptcy -- Supporting a Motion to Remand to State Court (Relief from Stay).

Hanover Law recently won a hard-fought battle in DC Bankruptcy Court. The defedant/debtor sandbagged our client two weeks before a jury trail in Superior Court by filing bankruptcy. This is known as a tactical filing, and is not uncommon. However, fortunately for our clients, we also practice in bankruptcy court. Nice try -- but defendants actions were not successful. The Superior Court case will now go. Nevertheless, it is educational to see how the case proceeded in Bankruptcy.

I am including our response to the filing to prevent removal of the case back to State Court. I believe it is worth reviewing our strategy. When considering adversarial bankruptcy defense -- specifically remand or relief from stay, the key is to remember three critical points:
  • The litigation in state court must be well advanced (usually, through mid-discovery or later). Also known as the "amount of time" the state case has been ongoing.
  • The matter must be substantially regarding state law and NOT a federal or bankruptcy question (the resulting decision is always a bankruptcy question, obviously. Rather, the matter itself, about which the state litigation is concerning, cannot be a federal or bankruptcy issue.)
  • It should involve a jury matter. Though not strictly required, the fact there can be no jury trial on state matters in bankruptcy court is a strong motivator for the Bankruptcy Court to send the matter back to state.


The controlling cases are: Barge v. Western Southern Life Ins. Co., 307 B.R. 541, 547 (N.D. W. Va. 2004), and Linkway Inv. Co. v. Olsen (In Re Casamont Investors), 196 B.R. 517 (B.A.P. 9th Cir. Cal. 1996).

If you are the defendant attempting to prevent removal/remand, remember -- never argue that due process was violated in the state court (say, for example, due to pre-trial irregularities in preparing the case, discovery, etc.) when the parties have had ample time to prepare and litigate. There is nothing wrong with the approach per se, rather, the Bankruptcy Court is just going to point out that deficiencies in state court trial procedures are best handled at the state court level, not at Bankruptcy. A filing in Bankruptcy Court is not a second bite at the litigation apple.




Click here to download the PDF file.

Do you have questions about bankruptcy or an adversarial process involving a debtor? Come talk to us! For the defense or the plaintiff, we are an experienced litigation firm, and we are accomplished at interweaving bankruptcy procedures with state court action.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com Lili O'connell, Esq.
Abby Archer, Esq.
888 16th St., NW Ste 800
Washington, DC 20006
2751 Prosperity Ave, Ste 580
Fairfax, VA 22031
Sean R. Hanover, Esq.
Stephen Salwierak, Esq.
1-800-579-9864 admin@hanoverlawpc.com Charles Hatley, Esq.
Leigh Wells, Esq.

Tuesday, October 14, 2014

EEOC and Employment Discrimination Overview

EEO Complaint – tactics for filing.

We have recently had an influx of EEO (Equal Employment Opportunity) complaints at the Firm, so I thought a few minutes spent discussing EEO tactics would be helpful for future would-be filers.

First, the process for filing a complaint requires a thorough analysis of the claim itself. There are two very distinctly different types of employment claims.

  1. A suit filed against an employer for violation of employment discrimination law. These include must Title VII (race, color, creed, national origin, gender), American with Disability Act (illness or disability), Pregnancy Discrimination, sexual orientation, family leave, and Age Discrimination in Employment Act to name a few. To prove this, you must show that the employer did not have a reasonable, non-discriminatory business basis for the adverse employment decision. Retaliation has become a popular vehicle for discrimination suits, but requires some form of underlying protected action before it can apply. Sexual harassment or gender discrimination falls under this category. This grouping of laws carve out a “protected class” or grouping that cannot be the basis of employment decisions without seriously compelling business necessity.
  2. A suit filed for wrongful termination in violation of the employment agreement between the parties. This mostly applies to contractors, however, depending on the employment agreement between employee/employer, it may also apply to a regular employee. In this instance, a term of employment was violated by the employer, making the employer’s conduct invalid on the basis of breach of contract or estoppels.

When employment discrimination is alleged, it is important that the employee start taking notes documenting employer misconduct. Overt discrimination is rare, but does happen on occasion. In legal parlance, overt discrimination is called “disparate treatment”. This occurs when the employer states they are taking some action against you on account of your protected class. For example, your boss indicates you cannot be promoted because you are male. This is a form of overt, intentional discrimination that leads directly to a legal argument in front of a judge.

Usually, however, discrimination takes the course of “disparate impact.” In this form of discrimination, the employer does nothing overt. Instead, he engages in a pattern and practice of discriminatory practice designed to “push” the undesirable protected individual out, or prevent promotions, raises, hiring, etc. of a particularly protected group. An example of this might be a consistent failure to approve any medical sick days when your boss knows you have an illness that requires treatment. The mere denial of leave is well within the purview of the employer. A pattern of denying sick leave when you need to take care of on-going medical issues could give rise to a violation of the FMLA (Family Medical Leave Act) – and show a passive method your employer is using to force you out on account of illness.

It is important to remember that the key to proving disparate impact is note keeping. You must have a good series of records and instances where the employer has acted out against you or against those similarly situated. That having been said, do not presume every negative action of your employer is aimed as discrimination against you. Discrimination is a long and difficult course to prove.

A discrimination case may be initiated with the State EEO office, or the Federal EEO office. The initial investigation often requires mediation and discovery; in the Federal government, each Federal Agency has an EEO investigation office that conducts investigations of all EEO claims. While mediation can be helpful to learn more of the opposition’s position, it should be avoided as a time wasting exercise whenever possible. The real negotiations begin when either arbitration or a hearing before the EEO administrative judge is had. It is often not advisable to agree to binding arbitration. However, arbitration itself can be very employee friendly given the often significantly relaxed evidentiary standards (although this is not always the case, and research should be done to determine with whom the arbitration will be conducted and under what rules prior to agreeing to binding arbitration).

For more guidelines on how the EEOC (Equal Employment Opportunity Commission) handles federal worker employment discrimination cases, visit the trial manual (rules of court) at: MD110 Guidelines.
For more information about how to file a basic (non-federal employee) complaint with the EEOC: How to file with the EEOC.
Remember -- you have only 180 days to file (in most instances; this can be extended in certain circumstances).

Are you facing an EEO challenge? As either employer or employee, trial and employment matters can be frightening. Let us help you! Give us a call for a free, confidential, case assessment.

If you have a bankruptcy adversarial case, contact us! We can help develop both a defense and offensive strategy as required.



Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com Lili O'connell, Esq.
Abby Archer, Esq.
888 16th St., NW Ste 800
Washington, DC 20006
2751 Prosperity Ave, Ste 580
Fairfax, VA 22031
Sean R. Hanover, Esq.
Stephen Salwierak, Esq.
1-800-579-9864 admin@hanoverlawpc.com Charles Hatley, Esq.
Leigh Wells, Esq.

Saturday, September 13, 2014

Understanding the term "arriving alien"

Be careful not to get your immigration client "no bond" on result of bogus allegations!


Many DHS attorneys (opposing counsel in immigration cases) do a great job, but you still need to be vigilant against your fella not getting bond or access to certain relief because the government incorrectly classifies him as an arriving alien.

The term "arriving alien" is defined in section 8 CFR 1.1(q). It is a clear definition, and you must not let DHS or ICE mis-categorize the alien:
8 CFR 1.1(q):
(q) The term arriving alien means an applicant for admission coming or at- tempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international or United States waters and brought into the United States by any means, whether or not to a designated port-of-entry, and regardless of the means of trans- port. An arriving alien remains such even if paroled pursuant to section 212(d)(5) of the Act, except that an alien who was paroled before April 1, 1997, or an alien who was granted ad- vance parole which the alien applied for and obtained in the United States prior to the alien’s departure from and return to the United States, shall not be considered an arriving alien for pur- poses of section 235(b)(1)(A)(i) of the Act.

A recent example on a popular listserve we work with should illustrate:

My client entered the USA with a J-1 visa. The TA said that my client is an arriving alien. NTA allegation #3 states that client was admitted as a nonimmigrant exchange visitor for duration of Status. I have been doing research but I can't find it. Would anyone tell me where to find whether or not my client is an "arriving alien".

In this example, the client received a stamp -- "D/S" and entered the country. D/S stands for "duration of status" and indicates that the individual was reviewed by a Customs and Border Patrol officer, and admitted. Per 1 CFR 1.1(q), his is no longer an applicant for admission, and therefore he is not an arriving alien.

Where your client sneaks into the US (entry without inspection or EWI), the rule is that once he has "arrived" and is not detained within 100 miles of the border, he is considered to be within the US and no longer an arriving alien for Court purposes. The 100 miles, by the way, is a rule-of-thumb, not a firm statute.

Do you have a case involving an arriving alien? We'd love to help! Give us a call at 1-800-579-9864. Do not let your case get white washed!

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
888 16th St., NW Ste 800
Washington, DC 20006
2751 Prosperity Ave, Ste 580
Fairfax, VA 22031
Sean R. Hanover, Esq.
Stephen Salwierak, Esq.
1-800-579-9864 admin@hanoverlawpc.com Charles Hatley, Esq.
Leigh Snyder, Esq.