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What are the potential charges for drug possession?
Drug use in Virginia is fairly common. Some use drugs legally with valid prescriptions, but many others use drugs that are either never prescribed by medical professionals or not taken with a valid prescription. When people do that they risk being caught possessing illegal drugs and being charged with crimes.
The severity of the crime will vary though depending on what type of drug people possess at the time. Drugs are classified into different categories called schedules. There are six schedules with Schedule I containing the most dangerous drugs and Schedule VI containing the least dangerous drugs. The potential penalties people face for possession depends on which Schedule the drug is in.
Potential charges for drug possession
Under Virginia law, if people are caught possessing drugs in Schedules I or II, they could be charged with a Class 5 felony.
Are my digital assets part of the divorce?
This century has been described as the era of the nerd as popular culture is dominated by sci-fi, the supernatural and superheroes. And, with this brave new world comes the changing face of divorce as well. Specifically, your digital assets are now part of the property division process. Yes, even your World of Warcraft account and items could be split, especially if you have highly sought after items or a high-level character.
The obvious, digital money and art
Of course, we all know that if you have digital money (cryptocurrencies) and art (non-fungible tokens, or NFTs), they are part of the property division process. After all, money and art are always part of the property division process. The only difference is that these are their intangible counterparts, and you may need an expert to value them, if you have a large digital money and art portfolio.
The not-so-obvious, digital real estate and games
Does your Virginia spouse play an online game? Do they play it a lot? Perhaps it is the reason why you are divorcing? Well, that game that they are playing could be worth a lot of money. In fact, the character they built and the items that character has could have value that will need to be added to be calculated and added to the marital estate for disposition.
"Good moral character," political offenses and immigration
When people in Virginia are trying to navigate the complex nature of immigration and naturalization, certain terms come up that could stoke confusion. A broad term that is used when assessing candidates for naturalization is that they are found to be of "good moral character," or GMC.
The idea behind GMC is that an immigrant is expected to live up to the standards of the community. They must show that they have been of GMC during a certain time called the statutory period. Generally, it is limited to the past five years, but courts may consider time beyond that. Certain spouses of U.S. citizens will be assessed based on three years.
This is done based on each individual case, but generally, any history of criminal activity can greatly hurt an immigrant's position.
However, there is an exception for people whose criminal charges were political in nature. Knowing how to take advantage of this exception requires understanding the rules and having professional assistance.
Why is a domestic violence charge so serious?
Anyone who is in a relationship or has a family can find themselves accused of domestic violence. If home life gets tense, and the police get called, the person the police believe is responsible can face a criminal charge in court.
Especially if they feel bad about the situation, it can be tempting for a Northern Virginia resident just to plead guilty to the charge and move on with life.
Although there are significant penalties for charges related to domestic violence, prosecutors may offer to take the most serious penalties off the table. This is true especially when the accused otherwise has a record of being an upstanding resident of this state.
However, as long as the person will still have a conviction related to domestic violence on their record, they should think twice about entering a guilty plea.
Fairfax County residents should understand all their legal options and possible defenses even if the prosecutor's first offer is very generous and hard to pass up. This is because there are many other consequences to domestic violence convictions.
¿Una condena por conducción en estado ebrio me puede impedir la naturalización?
Ser condenado por el delito de manejar bajo la influencia de alcohol o drogas puede tener consecuencias graves para cualquier acusado. Pero si ese acusado está en el proceso de solicitar la naturalización para poder obtener la ciudadanía estadounidense, se complica aún más la situación. En esta situación, ¿es posible realizar la naturalización? ¿O se pierde para siempre la oportunidad de llegar a ser ciudadano después de una convicción penal?
Las prohibiciones condicionales para la naturalización
Una de las partes más importantes en el proceso de naturalización es cuando usted pruebe al gobierno estadounidense que es una persona de buen carácter moral. La oficina de inmigración que está encargada de revisar las solicitudes de naturalización tiene una lista de factores específicos que pueden arruinar la capacidad de un solicitante de demostrar su carácter moral (enlace en inglés).
How does a fiancé visa work?
Love does not always recognize international borders. When an American citizen gets engaged to marry a person from another country, the couple often asks about their immigration options.
Fiancé Visa
If the couple plans to live in the United States, it is generally necessary to petition for a K-1 visa, commonly known as a fiancé visa.
The K-1 visa authorizes a person engaged to an American citizen to enter the country for 90 days for purposes of getting married. It is important that the couple get married during that 90-day period or the person will need to leave the country.
Once the couple marries, the fiancé can petition for lawful permanent resident status and remain in the country while the petition is being processed. If the fiancé has minor children, they can also petition for their children's entry and residency in the country.
Requirements for a fiancé visa
As you might expect, a primary requirement to obtain a fiancé visa is intent to marry. It may be necessary to offer evidence that your engagement is legitimate, such as photographs, records of visits or time together or written statements from others attesting to the validity of the relationship.
How to approach your personal injury case as an immigrant
Figuring out how to navigate your immigration status can be difficult given the intricacies of the immigration laws in the United States. But if you've been injured in a car or truck accident, then you have a lot of other issues to worry about, too. You'll have to figure out how to pay for your medical care and cover your lost wages, and you might be concerned about whether being unable to work will affect your immigration status.
The good news is that you have legal avenues to protect your interests here. The best path forward is probably for you to pursue a personal injury lawsuit, which might help you offset you medical expenses, lost wages, and the non-economic impact your accident has had on your life.
Is settlement right for you?
A lot of personal injury cases result in settlement. This gives you quick resolution to your claim and provides you with the immediate access to money that you may need. It might also alleviate your fears about how being out of work will impact your immigration status since you'll be able to more aggressively pursue your recovery once you have the resources to pay for it. It might also alleviate concerns that you're undocumented.
Gaining debt relief through a Chapter 7 bankruptcy filing
Getting calls about the debts you owe makes you appreciate caller ID so much more. However, ignoring these calls does not mean your debt will be ignored. It is a stressful time, especially when you are constantly figuring out ways to pay these debts while also paying living expenses.
When debt gets overwhelming, there are debt relief options. Although bankruptcy might have a bad reputation, it is a viable option that many individuals and families file for each year. Thus, you shouldn't be afraid of filing for a personal bankruptcy simply because you wanted to avoid it. There are many positives that come with initiating and moving forward with a Chapter 7 bankruptcy.
Chapter 7 bankruptcy
At Immigration Legal Advisors, PLLC, our attorneys understand that dealing with debt is overwhelming. Our law firm also knows that debtors do not have to fight their battle for debt relief alone. Thus, we are here to help you gain a better understanding of the process, giving you realistic ideas of what is to come.
¿Declararse en bancarrota es un privilegio sólo para los ciudadanos?
Uno de los derechos fundamentales que vienen de la Constitución de los Estados Unidos es el derecho de declararse en bancarrota. Esto significa que alguien que se siente endeudado hasta el cuello puede tener la oportunidad de empezar de vuelta y obtener alivio. Pero muchos inmigrantes a los Estados Unidos no saben cómo utilizar esta herramienta potente, o incluso si pueden hacerlo legalmente sin la ciudadanía estadounidense.
Lo que hace la bancarrota
Hay varios tipos de bancarrota disponibles. Para la mayoría de los deudores que no tienen empresas grandes, el tipo más común es la bancarrota de Capítulo 7. Una declaración de bancarrota empieza un proceso en que una corte decide si hay bienes que se pueden vender y deudas que se pueden descartar para darle a usted el alivio financiero necesitado.
Solicitar los beneficios de la bancarrota puede comprarle tiempo también, porque sus acreedores no pueden tomar acción legal contra de usted para recuperar sus deudas durante el proceso de bancarrota, que típicamente dura 90 días.
How can I obtain a green card to work in the United States?
Many people from all over the world choose to come to the United States to further their careers. Even if you are not a citizen, you can legally live and work in the United States if you obtain your green card and become a lawful permanent resident. There are five categories of preference for employment-based (EB) visas:
- EB-1: Priority workers with extraordinary abilities.
- EB-2: Workers with advanced degrees.
- EB-3: Skilled workers and professionals who do not qualify under EB-1 and EB-2.
- EB-4: Special immigrants (e.g., religious workers, broadcasters, or armed forces members).
- EB-5: Entrepreneurs (Immigrant Investor Program).
What is the process required to obtain an employment-based green card?
The entire green card application process can take years to get through, depending on demand and other factors. The green card application process for those seeking an employment-based green card generally requires three main steps:
With offices in Herndon, Virginia and Annapolis, Maryland, Immigration Legal Advisors, PLLC provides legal help to clients in the areas surrounding Washington, D.C., including Frederick, Leesburg, Ashburn, McNair, Stone Ridge, Reston, Chantilly, Germantown, Woodbridge, Potomac, Gaithersburg, Rockville, McLean, Falls Church, Manassas, Arlington, Alexandria, Bethesda, Chevy Chase, Silver Spring, Hyattsville, College Park, Greater Landover, Bowie, and Millersville.
Results listed are not a guarantee or indication of future case results.
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1037 Sterling Rd., Suite 201, Herndon, VA 20170
571-441-2233
