New York Legal Blog

Family immigration can reunite loved ones

On behalf of Palacios Law Group posted in immigration on Wednesday, November 6, 2019.

Living and working in New York state is a dream that many people share. However, United States citizens and permanent residents might find that it can be a lonely experience without any family around. If a person's family are foreign born, helping them come to the United States can assist in addressing that problem. This can be accomplished through family immigration.

A citizen can petition for his or her family members, but there are restrictions. For example, petitioning on behalf of a cousin or an uncle is not possible. A citizen can only petition for certain family members, such as spouses, children younger than 21 and parents, and different family members are also ranked by priority. Green card holders may also petition for family members, but are restricted to spouses, children younger than 21 and unmarried children older than 21. These options are only for family members who are not currently in the country or who have entered illegally.

Is immigration possible with the diversity visa lottery?

On behalf of Palacios Law Group posted in immigration on Thursday, October 24, 2019.

There are many different options for traveling and moving to the United States. Many of those immigration options are for narrow purposes, like employment. Foreign nationals who do not qualify for those types of specific visas might want to consider the Diversity Immigrant Visa Program instead. This can be a better opportunity for people who are excited about the possibility of immigrating to New York.

The Diversity Immigrant Visa Program helps citizens of countries with low immigration rates to the United States get visas. There are 50,000 diversity visas available every year. That may sound like a lot, but compared to the number of people waiting for a diversity visa, it is not many at all. On top of that, the list of countries that qualify for this program can change every year. This means that a person who did not receive a diversity visa might not even have the opportunity to apply the next year.

Will the health care requirement make immigration harder?

On behalf of Palacios Law Group posted in immigration on Wednesday, October 9, 2019.

Moving to New York is often an opportunity for immigrants to improve their lives in a number of ways, including financially. However, an executive order from the president could make it harder for many immigrants to achieve those goals. The new immigration rule will require people to prove that they can afford health insurance, which is notoriously expensive in the United States.

A study from the Kaiser Family Foundation already shows that noncitizens are more likely to not have insurance coverage than citizens. This does not mean that immigrants who have legal status do not have any type of coverage. In fact, 77% -- a majority of those individuals -- are currently covered by some type of insurance policy.

Is Green Day's music causing car accidents?

On behalf of Palacios Law Group posted in personal injury on Wednesday, September 25, 2019.

Whether running a quick errand or hitting the pavement for a road trip, many drivers have the perfect playlist ready to go. While most people may think that listening to music while driving is normal and safe behavior, doing so is much more dangerous than it may seem. New York drivers who listen to certain music behind the wheel may actually be more likely to end up causing car accidents.

When studying the link between music and driving habits, researchers selected 10 popular songs from a number of different genres. These scientists then had study participants navigate a simulated six-lane road while listening to music or in silence. In an average 70-minute period, drivers changed lanes 20 times. When listening to music with at least 120 BPM, drivers changed lanes almost twice as much.

How can you prove negligence caused your car accident?

On behalf of Palacios Law Group on Thursday, September 19, 2019.

If you suffered injuries in a car accident, you may be wondering how you can ever pick up the pieces and move forward. Even a seemingly minor car accident can result in significant financial loss, damage to your personal property, painful injuries and medical bills you may not be able to pay on your own. This is overwhelming, but there could be legal options available to you.

You could have grounds to file a civil claim if your accident was the result of negligence. Through this process, you may be able to claim compensation for your losses. Victims of negligent driving do not have to suffer alone, but they can take immediate action to start building a case and gathering what they need to validate their claims of negligence.

Real estate: Legally rejecting an offer to buy

On behalf of Palacios Law Group posted in real estate on Wednesday, September 11, 2019.

A house is often much more than just four walls -- it is a home. Because of this, people in New York who are selling their homes may feel very strongly about finding buyers who value the properties just as much as they do. While this is understandable, real estate law prevents sellers from refusing to sell a home for a number of reasons. Here are examples of both legitimate and illegal reasons for turning down an offer.

It is perfectly acceptable to refuse an offer for a number of different reasons. For example, a seller can reject a buyer's offer if he or she believes it is too low. This is often done in hopes of getting a higher offer that the seller believes reflects the value of the house more accurately. A seller can also reject an offer if he or she suspects that the buyer may not be able to secure a loan. A homeowner can also reject an offer if he or she decides to keep the home instead of selling it.

ICE in charge of medical deferrals after new immigration policy

On behalf of Palacios Law Group posted in immigration on Wednesday, August 28, 2019.

Immigrants often choose to live in New York so they can receive necessary medical care. However, sometimes a person's visa may be set to expire before he or she can complete necessary treatment for a serious illness. These individuals can apply for medical deferrals, which would allow them to stay in the United States to complete their treatment plans. Although many of these requests were routinely approved in the past, it seems as if they are now being denied more frequently because of a change to immigration policy.

If approved, the medical deferred action program lets immigrants stay in the country for an additional two years if they require treatment because of an extreme medical need. The U.S. Citizenship and Immigration Service -- USCIS -- used to be in charge of reviewing medical deferral requests, but that job was recently taken over by a different agency. The U.S. Immigration and Customs Enforcement -- ICE -- is the agency that is now in charge of making decisions for this program.

Could a workplace injury lead to something worse?

On behalf of Palacios Law Group on Monday, August 26, 2019.

Employees have rights regarding workplace injury. All workers are eligible to have their medical expenses covered for on-the-job injuries. For some people, the process may be complex.

Injuries happen frequently in industries that require physical labor. Regardless of your immigration status, you should receive medical treatment and insurance coverage if necessary.

Will the revised citizenship test affect the immigration process?

On behalf of Palacios Law Group posted in immigration on Wednesday, August 14, 2019.

Becoming a naturalized citizen is the dream of many lawful permanent residents who are living in New York. However, it is not enough to be a lawful resident who is of the right age and good moral character. Although people who are applying for citizenship must meet these requirements, they also have to pass the citizenship test administered by the U.S. Citizenship and Immigration Services.

In 2018, there was a 90% pass rate for the citizenship test. Around 750,000 people successfully passed, marking the highest rate over the past five years. In order to successfully pass the test, a person must correctly answer six of 10 questions that are randomly generated. There are 100 questions in total which address things like American history, government, geography, holidays and symbols. Even though applicants only have to know the answer to six questions, a wide range of knowledge on these various topics is necessary.

Understanding immigration rights when dealing with ICE

On behalf of Palacios Law Group posted in immigration on Sunday, July 28, 2019.

Both documented and undocumented immigrants in New York are facing an enormous amount of uncertainty at the moment. The Immigration and Customs Enforcement agency seems to be stepping up efforts to locate and arrest immigrants who it believes qualify for removal. However, many ICE agents are apparently overstepping their bounds and misrepresenting the law, either intentionally or otherwise. For these reasons, immigrants and citizens alike should understand their rights under the law.

According to reports, ICE is currently looking for approximately 2,000 immigrants who have orders for deportation. However, from Jan. 2016 to Sept. 2018, around 85% of the immigrants that ICE deported either had not been convicted for serious or violent crimes, or had no criminal convictions whatsoever. Additionally, 27,540 legal residents and citizens were interviewed, screened and sometimes even detained in 2018. In 2016, only 5,490 legal residents or citizens went through this process.