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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.