Federal Court filing deadlines/timeframes

This is a handy chart for determining filing deadlines for Federal Court actions. Original source: Civil time computation rules.

Federal Rule of Civil Procedure	Time Period to Respond
FRCP 6 ( c ) -motion and notice served	14 days
prior to the hearing
supporting affidavit served	7 days
FRCP 12 answer due	21 days
answer to counterclaim/crossclaim	21 days
reply to answer ( if ordered)
if court denies a Rule 12 motion, answer	14 days after notice
due
if court grants more definite statement motion	within 14 days
answer to more definite statement	14 days after
motion to strike a defense to be filed	21 days
FRCP 14 filing third party complaint without	14 days
Court leave to file
FRCP 15 amendments for pleading with no
responsive pleading allowed	within 21 days
response to amended pleading	within 14 days
FRCP 23 Class action appeal filed with circuit	within 14 days
FRCP 27 notice of hearing served on adverse	21 days
party
FRCP 32 limit on use of depo taken with	less than 14 days
short notice
Objection to written question waived if not	within 7 days
served
FRCP38 jury demand no later than 10 days
after last pleading directed to the issue	no later than 14 days
filing demand for additional issues	within 14 days
FRCP 50 judgment as a matter of law	30 days
losing party's new trial motion	30 days
FRCP 52 motion to amend findings	30 days
FRCP 53 objections to report of special	21 days
master
FRCP 54 (d) clerk tax costs notice to pty	14 days
FRCP 54 motion to review clerk's taxation	7 days
FRCP 55 - hearing for entry of default
jgm against minor or incompentent pty	14 days
FRCP 59 ( c ) motion for new trial	no later than 30 days
opposing affidavits	14 days
court sua sponte order new trial	30 days
motion to alter or amend judgment	30 days
FRCP 62 automatic stay	14 days
FRCP 65 TRO expiration	14 days
move to dissolve	no change
FRCP 68 Offer of Judgment	14 days
acceptance	14 days
FRCP 71.1 Service of answer in condemnation
cases	21 days
FRCP 72 Objections to R & R	14 days
Response to Objections	14 days
FRCP 81 Serving answer to removed case	within 7 days
or after initial service	21 days
or after summons	21 days
filing of jury demand in removal	14 days
Supplemental Rule B
maritime garnishee answer	21 days
Supplemental Rule C
filing notice of right or interest	14 days
filing of answer after filing statement	21 days
of interest
Release of property after bond posted	14 days
Supplemental Rule G
answer filed	21 days

Are you facing a Federal lawsuit? Call us! We have considerable experience handling complex litigation in federal, bankruptcy, and federal administrative cases. 1-800-579-9864.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.	Lili O'connell, Esq. Charles Hatley, Esq.
1-800-579-9864	admin@hanoverlawpc.com

Regulations on Inadmissibility Criteria

This is a quick and dirty handy cite list for inadmissibility codes and regulations for immigration applications and proceedings:

INA § 212(a)(2)(A)(i)(I)	Crime involving moral turpitude
INA § 212(a)(6)(A)	Present without permission (one EWI, then stayed)
INA § 212(a)(6)(B)	Failure to attend removal proceedings
INA § 212(a)(6)(C)(i)	Willful misrepresentation of a material fact to get an immigration benefit
INA § 212(a)(6)(C)(ii)	False Claim of US Citizenship
INA § 212(a)(6)(E)	Alien smuggling
INA § 212(a)(7)(B)(i)	Passport: none or expired
INA § 212(a)(9)(A)	Previously ordered removed
INA § 212(a)(9)(B)	1 year unlawful presence, followed by illegal reentry (10 year bar)
INA § 212(a)(9)(C)	Entry without inspection after immigration violation (perm bar)
INA § 212(a)(2)(D)(i)	Prostitution: has engaged in prostitution within 10 years of application
INA § 212(a)(2)(D)(ii)	Prostitution: has tried to procure a prostitute within 10 years of application
INA § 212(a)(1)(A)	Health condition creating danger to self or others
INA § 212(a)(1)(A)(iv)	Drug Abuser
INA § 212(a)(4)	Public Charge

Special thanks to Ms. Sara Dunsky, Esq., an accomplished member of my AILA (American Immigration Lawyers Association) group, who posted this handy consolidated list. Well done, Ms. Dunsky!

Do you have an immigration question? Give us a call -- we can help! 1-800-579-9864 or admin@hanoverlawpc.com.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.	Lili O'connell, Esq. Charles Hatley, Esq.
1-800-579-9864	admin@hanoverlawpc.com

HB1, EB, and Employer sponsored greencards -- can they charge you for the service?

A recent post on a legal bulletin board asked about the intersection of immigration and employment law. It is worth noting that this type of case is far too common, and extremely disturbing. While an employee should be mindful of his/her loyalty to the company that sponsored him/her, you cannot be made a slave. To wit:

My previous company applied for my green card and made me sign a contract that if I leave the company within a year of receiving my green card, I would be responsible for the immigration attorney fees up to $15K. I worked for the company for 5 years. I left the company after 4 months of receiving my green card. The reason of my leaving was due to the company changing my job responsibility significantly (also my colleagues' in my team) 6 months prior to my departure. At least 2 colleagues of mine left around the same time and my supervisor was laid off. The company suspended my entire final paycheck plus cashed-in PTO ($4K). This put me in a very difficult situation. I used my entire savings to pay my rent and expenses of family (unemployed wife and 2 toddlers). On top of that, they pursued to get an additional $5K via a payment plan. After arguing that I left because they changed my role and that I would have stayed otherwise for many more years, they said they'd only ask for $2500 to close the deal. I have not been responding to their calls/letters for 2 months. On their last letter they implied a potential upcoming lawsuit, if they don't receive the $2500 by January 1st.

In this instance, you need to contact us immediately. This is absolutely unacceptable. You have two issues. At its heart, this is an immigration issue. The green card (LPR status filed through an I-140) belongs to you. The company is not permitted to hold you hostage in anyway for the card they procure. That is called indentured servitude, or peonage, and makes them liable for serious civil consequences. As for a contract breach, if the basis for the "deal" is void ab initio, any actions they take cannot be found legal.

I might also add that deductions from your paycheck must be looked at very carefully. Deductions are, generally, only legal if they fall under a very narrow band approved by the state. While you could technically agree to reimbursement of employer paid expenses (at the I-140/I-485 level), it does not sound like you agreed to this, and it certainly does not appear that they had a statutory basis for deducting the money. I would absolutely fight this and I would demand damages and costs.

I would add that the provisions making the company liable for PERM cert, HB costs (for your initial hiring), legal fees, etc. can be found at 20 C.F.R. 656.12. An agreement for the I-140/485 costs could be had with the employer, but they can't take the money from your pay absent a very clear agreement from you to do so, and further, ensuring you don't at least fall below minimum wage. Deductions from your pay are controlled by statute in the jurisdiction you are located in -- DC rules are found under Title 7, Chapter 9, Wage regulations (see: Section 915, at DC Wage and Hour Laws).

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.	Lili O'connell, Esq. Charles Hatley, Esq.
1-800-579-9864	admin@hanoverlawpc.com

Work Permit while In Asylum Proceeding

I was recently contacted via our website with the following question:

I am an Attorney in Des Moines Iowa. My paralegals were at the Las Vegas conference. You presented at that conference and you mentioned that you can get EADs for clients in proceedings with a defensive asylum. No attorney in the Omaha court has been able to get EADs. Do you have a legal basis so that I may challenge the Judge on this issue?

Answer:
You are required to file a copy of the Asylum application with USCIS after you submit it with the court (as you know). That starts the clock. At that point 8 CFR 208.7(a)(1) applies. That reads:

(a) Application and approval. (1) Subject to the restrictions contained in sections 208(d) and 236(a) of the Act, an applicant for asylum who is not an aggravated felon shall be eligible pursuant to §§ 274a.12(c)(8) and 274a.13(a) of this chapter to request employment authorization. Except in the case of an alien whose asylum application has been recommended for approval, or in the case of an alien who filed an asylum application prior to January 4, 1995, the application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received.

Further, see INA 236(a)(3) indicates that work permits are permitted for folks in removal procedures if they would otherwise be permissible outside of the removal procedure (this triggers 208.7(a)(1)). As long as your fella is not an agg fel or otherwise precluded on bad-acts grounds, you're hot!

Remember, you file the I-765 with USCIS, not the Court.

The code to use on the EAD application is (C)(8).

Do you have immigration question? Contact us! We can help. From adjustment of status to tough immigration court defense, we have you covered. 703-402-2723 or admin@hanoverlawpc.com.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.	Lili O'connell, Esq. Charles Hatley, Esq.
1-800-579-9864	admin@hanoverlawpc.com

Sexting and Exchanging Pictures

Attribution: http://thephilfactor.com/tag/sexting/

Sex and children...always a testy topic. However, there was a rather probing question asked on a recent lawyer board, and while answering it, I thought it would be good to add this to the blog. It is an interesting question, and certainly a timely one. There have been several reports of students "sexting" to each other, and in several instances, this has led to felony and/or misdemeanor charges for the transmitting of underage materials across wires (i.e. phone to phone, or on the computer). With the prevalence of instagram, snapchat, and other social media "insta-gratification" apps, the ability to snap a quickie and send it often overcomes common-sense; and frankly, some of the arcane laws still on the books, penalize the very children they are meant to protect (there has to be irony in that somewhere). We are looking to defend a sexting case in DC or VA, and would be interested in speaking to anyone going through this now.

Question: If I am 17 and I sent nude pics to a girl who is 21, what happens? She sent nude pics of herself first and then asked me for pics in return. I sent them and now she threatens to report it. My face was in none of the pics so it can't really be proven they were of me.

On to your question. She can absolutely get a protective order against you for sending underage photographs to her via phone. And stop this nonsense about "they can't see my face." Unless you used someone else's phone, it came from your phone, and arguably...it's you! If you DID use someone else's face, then you're in a heap more trouble, because you are transmitting under-age material on another person's phone without permission. And if they did give you permission, then you're both in trouble...you get the idea.

Essentially, transmitting underage pictures is a no-no. She could seek a protective order against you, or worse accuse you of child pornography (VA 18.2-374.1:1). Her sending you pictures is arguably contributing to the delinquency of a minor (see generally VA §18.2-371 -- note, you didn't have sex with her, but she did contribute to corrupting you, which arguably falls under 18.2-371). Additionally, if she sent pictures and sought to entice you into engaging in sexual activity (depends on the pictures, and the communication), she could also be guilty of §18.2-374.3(B) (enticing a minor). The government might throw in a VA §18.2-370 (encouraging a minor to participate in filming or exposing himself; however, this is more of a stretch, as it usually needs to involve some kind of gain on the part of the bad actor). As a rule though, prosecution of females for sending pictures to males, when the female is over 18, is not as common.

In DC, the relative code is DC Code §22–3010 (enticing a minor) and 18 U.S. Code §2252 (child pornography). There are others, of course, but these are the two most relevant to this topic.

Feel free to reach out if you have additional questions. If you think you might be charged with anything related to child pornography, sexting, enticing a minor, or similar crimes, you absolutely must reach out to us immediately. No matter how understanding the police or detectives may be, speaking to them without an attorney is death to your case.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.	Lili O'connell, Esq. Charles Hatley, Esq.
1-800-579-9864	admin@hanoverlawpc.com

Appealing a visa denial from a consulate or embassy

Recently, a colleague of mine asked for help with a non-immigrant visa that was denied at the consulate in Islamabad. Now, I have written in the past about B1/B2 denials, and how to overcome them. If you need help with that, give me a ring or email us. But what about other types of visas? In 2014, we had a rather special case, which will serve to illustrate this topic well.

A client, we'll call him Bob, came to us regarding his nephew, Sal. Sal was denied entry into the United States on a diversity visa (this would have led to a green-card, or legal permanent resident status). His denial was based on the alleged use of khat. We filed to have that determination overturned. While it was successful, it turns out, he was not eligible to come to the US for other reasons (don't get me started on, "things that your client conveniently forgets to tell you that later screw-up your case"). I thought, however, because my colleague asked for guidance on how to appeal an embassy or consulate denial, I would post my answer here. To wit:

The proper application is to request the consulate/consular officer reconsider the application per 22 CFR §42.81(c) which reads:

c) Review of refusal at consular office. If the grounds of ineligibility upon which the visa was refused cannot be overcome by the presentation of additional evidence, the principal consular officer at a post, or a specifically designated alternate, shall review the case without delay, record the review decision, and sign and date the prescribed form. If the grounds of ineligibility may be overcome by the presentation of additional evidence and the applicant indicates the intention to submit such evidence, a review of the refusal may be deferred. If the principal consular officer or alternate does not concur in the refusal, that officer shall either (1) refer the case to the Department for an advisory opinion, or (2) assume responsibility for final action on the case.

Need help with writing the appeal? Give me a ring! Happy to assist in reviewing or drafting the documents for the embassy. You send it to the non-immigrant email address for the given embassy, and I made a point of contacting the ombudsman at the State Department as well.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.	Lili O'connell, Esq. Charles Hatley, Esq.
1-800-579-9864	admin@hanoverlawpc.com

Do you have to pay taxes on divorce settlement amount?

I recently answered a question on a legal bulletin board, and I thought the topic was relevant for our broader practice audience.

I recevied 444,000 as a divorce settlement; I am liable for the taxes on this amount?

Short answer: probably.

More complex answer: Did you already have this money in your accounts? If so, then probably not. Dividing money already accounted for on previous tax year filings is not taxable again. However, withdrawing money from pensions, or drawing a gross "alimony" settlement at once...yes. So, as always, it depends. Alimony payment may be deducted from the payor (the one who pays), and is taxable to the payee (the one who receives).

Your divorce settlement or order should always include language that states:

"Any and all taxes related to the payment of any sum under this agreement is the responsibility of the party receiving such funds and will be fully deductible by the payor to the maximum extent permitted by law."

In fact, this statement doesn't cover any new ground. However, it ensures that you don't mistakenly miss something that will end up causing litigation later (i.e. someone thought that the cash-out of the IRA would be taxable to the payor, not to the individual receiving the money...etc.).

If ye olde taxes are due, to minimize impact (ouch), you need to speak to a tax advisor -- either a CPA or a lawyer. Now, your divorce attorney ought to have spoken with you about this before taking a lump sum settlement. So, check with him or her, first. However, anytime you have a potential taxable event of $50,000 or more, you need to be very careful. Such large, one time actions, tend to draw the attention of the automated checking systems at the IRS. $444K? Almost surely would.

If you need help reviewing a divorce decree or settlement agreement, contact us! You need to have those documents professionally reviewed, and a strategy developed to address that type of potential income.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.	Lili O'connell, Esq. Charles Hatley, Esq.
1-800-579-9864	admin@hanoverlawpc.com