By admin on February 13, 2012
The United States of America is the envy of the world because of the freedom and opportunities afforded to all of our citizens. Most foreign countries are unable or unwilling to provide the same level of opportunities and freedoms as the United States. In addition, the U.S. is renowned for its educational institutions, the colleges and universities in the U.S. are second to none. Each year thousands of foreign students will try and come to the U.S. to attend our colleges and universities. Current U.S. immigration law allows foreign nationals to enter the United States to study in our universities under the F1 visa program. However, in order to receive an F1 visa the applicant must meet the strict standards imposed under our network of immigration laws. Foreign nationals looking to study in the United States should contact a Tampa immigration lawyer for legal advice. A Tampa immigration attorney can explain the law in detail and help assist a foreign national with obtaining an F1 visa to study in the United States.
F1 visas are only given to eligible students to attend an English language program or academic program at a university or college located within the United States. In addition, certain family members of the F1 visa holder may be able to join the student in the United States. Immigration law permits spouses and unmarried children under the age of 18 to join F1 students under an F2 visa. Not all family members of F1 students will be eligible for an F2 visa; therefore, applicants should always first speak with a Tampa immigration attorney before submitting any visa applications.
To be eligible for an F1 visa applicants must satisfy the strict requirements enumerated in the applicable immigration statutes. Generally, F1 applicants must fulfill at least three basic requirements to be eligible for an F1 visa. First, applicants must have a foreign residence, which they have no intention of abandoning. Secondly, applicants must intend to leave the U.S. when their F1 visa expires. Thirdly, applicants must demonstrate they have the funds necessary to complete the proposed course of study. There are numerous other requirements applicants must satisfy before being eligible for an F1 visa. Applicants should speak with a Tampa immigration lawyer to find out more about the F1 and F2 visa programs.
For more information on the requirements of the F1 and F2 visa program contact a Tampa immigration attorney in your area. A Tampa immigration lawyer can explain the law in detail and help determine your eligibility status. If you are eligible, the Tampa immigration attorney can help prepare your petition and facilitate the application process on your behalf.
Posted in Immigration Law | Tagged Immigration Attorney, Immigration Law, Immigration Lawyer, Tampa Immigration Attorney, Tampa Immigration Lawyer
By admin on February 8, 2012
If you are overwhelmed with debt filing for bankruptcy may provide some financial relief. Bankruptcy can give a borrower an opportunity to restructure his outstanding debt and emerge from the bankruptcy with a fresh start. There are many benefits to filing for bankruptcy; however, there are also many disadvantages to bankruptcy that applicants should be made aware of. If you are struggling to keep up with your financial obligations and considering bankruptcy, you should speak with a Tampa bankruptcy attorney before taking any legal action. A Tampa bankruptcy lawyer can evaluate your financial position and inform you of the likely advantages and disadvantages of filing for bankruptcy in your particular situation.
One of the most significant advantages to filing for bankruptcy is the discharge of the debts included in the bankruptcy. Under bankruptcy law, the discharge will release the debtor from liability for the debt. However, a debtor must satisfy numerous requirements before becoming eligible for a bankruptcy discharge. Debtors should seek the aid of a Tampa bankruptcy lawyer to become eligible for the bankruptcy discharge.
There are also many other possible advantages to filing for bankruptcy that debtors may not be aware of. For instance, in some situations a bankruptcy petition may allow debtors to reinstate their driver’s license. If a driver’s license was suspended due to a failure to pay surcharges, filing for bankruptcy may immediately restore the applicant’s driving privileges. Generally, government fines and surcharges cannot be discharged in bankruptcy. However, government fines and surcharges, which are sold to third parties for collection may be discharged in a bankruptcy proceeding. In many jurisdictions the Department of Motor Vehicles will transfer a driver’s surcharges and fines to third parties to collect the debt, which may create an opportunity for the debtor to discharge the debt in bankruptcy. To find out if your jurisdiction transfers fines and surcharges to third parties for collection contact a Tampa bankruptcy lawyer in your area.
If your jurisdiction does transfer fines and surcharges to third parties for collection it does not guarantee that the debt will be dischargeable in bankruptcy. For example, if the fine or surcharge imposed by the Department of Motor Vehicles stems from a conviction for a driving offense it will most likely not be dischargeable in bankruptcy. There are many other circumstances which will prevent a fine or surcharge owed to the government from being dischargeable in bankruptcy. Debtors should always discuss this and other bankruptcy issues with a Tampa bankruptcy lawyer before taking any action.
There are many other possible advantages and disadvantages to filing for bankruptcy. To find out if bankruptcy can help you contact a Tampa bankruptcy lawyer in your area. A Tampa bankruptcy attorney can evaluate the circumstances of your case and provide you with valuable legal guidance.
Posted in Bankruptcy Law | Tagged Bankruptcy Law, Tampa Bankruptcy Attorney, Tampa Bankruptcy Lawyer
By admin on February 4, 2012
If you have been arrested for a DUI you should contact a Tampa DUI attorney for legal advice right away. Florida has enacted a series of strict DUI laws, which could create devastating consequences for a driver accused of driving under the influence of alcohol. The penalties for a drunk driving conviction can include imprisonment, a large fine, ignition interlock installation, vehicle impoundment, and revocation of the driver’s license. The consequences of a DUI arrest for a driver with a commercial driver’s license can be even more severe. In addition to the penalties imposed on noncommercial drivers, commercial drivers can run the risk of being unemployed for a long period of time due to a DUI arrest. Therefore, it is especially imperative that drivers with a commercial license seek the aid of a Tampa DUI lawyer if they are accused of driving a vehicle while under the influence of alcohol.
Under Florida DUI law, it is illegal for a commercial driver to operate a commercial vehicle with a blood alcohol level of .04 or higher. The standard for commercial drivers is much higher than it is for noncommercial drivers, the blood alcohol level for noncommercial vehicles is .08. This is due to the inherent danger that can be caused by a driver operating a large commercial vehicle while intoxicated. In addition to the lower blood alcohol threshold, a commercial DUI arrest can result in stricter penalties than noncommercial DUI arrests. Drivers with commercial licenses should contact a Tampa DUI lawyer for legal advice and not rely on the information contained in this article.
If a commercial driver is found operating a commercial vehicle with a blood alcohol level above .04 his driver’s license may be suspended for up to one year. However, if the driver was transporting hazardous material at the time of the arrest the driver’s license may be suspended for up to three years. Moreover, a commercial driver is not eligible for a hardship license if it has been suspended due to a DUI conviction. If the driver has two or more convictions of driving a commercial vehicle while under the influence of alcohol his driver’s license may be suspended permanently. Therefore, a driver who relies on his commercial driver’s license to earn a living may be unemployed for at least one full year after a DUI conviction.
Regardless of the circumstances of the DUI arrest a Tampa DUI lawyer may be able to help. For more information on Florida DUI law contact a Tampa DUI attorney in your area.
Posted in DUI Law | Tagged Florida DUI Law, Tampa DUI Attorney, Tampa DUI Lawyer
By admin on January 31, 2012
Divorce can be a very challenging and stressful time for everyone involved. In most divorces the couple will need to address many contentious issues. For instance, dissolving a marriage may require a couple to divide the assets they have spent years trying to acquire. Most often, property distribution in divorce is a highly contested issue, with each party wanting to give as little as possible to their soon to be ex-spouse. If a couple is unwilling to settle on the terms of the property distribution, a Florida family law court will step in and resolve the differences. Property distribution is a very complex area of family law and can be difficult to master without years of legal experience. Therefore, if a divorce is imminent you should contact a Tampa divorce lawyer for legal counsel. A Tampa divorce attorney can advise you on applicable Florida divorce law and plan a legal strategy to protect your interests.
In many marriage dissolutions the couple’s home will be the largest financial asset to be distributed between the two parties. Often, the couple’s primary residence will be considered a marital asset and subject to an equitable distribution between the two parties. Under Florida divorce law, martial assets are often assets which were acquired during the marriage, regardless if the asset was acquired individually or jointly. However, both parties may not be personally liable for the home loan debt, even though both may be owners of the property. A spouse will only be personally liable to the mortgage lender for the home loan debt if the spouse signed the promissory note. For instance, a spouse may be listed on the deed of the property as an owner but not a promisor on the promissory note, and thus not liable to the mortgage lender for the home loan debt. If your spouse is not a promisor to the mortgage debt you should advise your Tampa divorce lawyer. A prudent Tampa divorce attorney should prepare the divorce settlement to account for this contingency.
An experienced Tampa divorce lawyer should be able to recommend several options to help alleviate the mortgage debt/ ownership issue. For instance, if the spouse has good credit and there is equity in the home, the couple may resolve the issue by refinancing the property. A Tampa divorce attorney can prepare the home loan refinance documents to ensure that only one spouse is a promisor to the mortgage and listed as an owner on the deed to the property. Fortunately, a home refinance is not the only possible remedy, there are many other ways a couple can solve a mortgage debt/ ownership issue.
For more information on distribution of marital assets contact a Tampa divorce lawyer in your area. A Tampa divorce attorney can help explain the law in detail and provide you with legal advice.
Posted in Divorce Law | Tagged Florida Divorce Law, Florida Family Law, Tampa Divorce Attorney, Tampa Divorce Lawyer
By admin on January 28, 2012
If a foreign national is interested in entering the U.S. for the purposes of working with a U.S. employer a H1-B visa may be a viable option. The H1-B visa grants entry to the United States for the purpose of working with a U.S. employer. The visa may last for a duration of up to six years. Furthermore, the visa may also entitle the applicant’s spouse and children to reside in the United States for the same amount of time under an H-4 visa. In order to qualify for a H1-B visa both the employee and employer must meet the strict guidelines imposed by U.S. immigration law. Applicants wishing to enter the United States should seek legal assistance from a Tampa immigration lawyer before applying for the visa. A Tampa immigration attorney can help the applicant prepare the visa petition and provide legal counsel throughout the application process.
To be eligible for an H1-B visa the employee must be qualified for a specialty occupation. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge. Some examples of a specialty occupation include: accountant, scientist, lawyer, architect, engineer, and computer analyst. In order to be deemed qualified for a specialty occupation an applicant typically must have at least a four-year college degree. However, a Tampa immigration attorney may be able to get an applicant without a four-year college education approved for a H1-B visa. Under current immigration law, an applicant may be eligible with a combination of college course work plus three years work experience for each year of education needed to complete the degree.
The sponsoring employer will also have to satisfy numerous requirements in order to hire the foreign national employee. Under current immigration law, the sponsoring employer must file a Labor Condition Application with the U.S. Department of Labor. In the Labor Condition Application the employer must attest that: 1) they are paying the applicant at least the prevailing wage; 2) the working conditions of similarly employed workers will not be adversely affected; 3) there is currently no labor strike; and 4) the employer has notified its existing employees of the filings.
There are many other requirements that both the employer and employee must satisfy before being eligible for a H1-B visa. For more information on applying for a H1-B visa contact a Tampa immigration attorney in your area. A Tampa immigration lawyer can provide you with a complete list of the requirements and provide legal assistance.
Posted in Immigration Law | Tagged Immigration Law, Immigration Lawyer, Tampa Immigration Attorney, Tampa Immigration Lawyer
By admin on January 25, 2012
If a debtor is overwhelmed with debt chapter 7 bankruptcy may provide some relief and allow the applicant to gain a fresh start. However, there are many potential pitfalls and consequences to chapter 7, which a debtor should be aware of before taking any legal action. A debtor contemplating filing for chapter 7 should always consult a Tampa bankruptcy lawyer before filing a bankruptcy petition. A Tampa bankruptcy attorney can advise his client on the process of chapter 7 and the possible consequences that may arise from filing for bankruptcy.
In some cases it may be more advantageous for a debtor to file for chapter 13 bankruptcy, rather than chapter 7. In a chapter 13 bankruptcy, the debtor will make monthly payments to creditors under a court approved payment plan. On the other hand, a chapter 7 bankruptcy does not require the debtor to make monthly payments to creditors under a payment plan. Instead, a chapter 7 bankruptcy will liquidate the borrower’s nonexempt assets and use the proceeds of the sale to repay the borrower’s creditors. If an applicant wants to avoid liquidating their assets a chapter 13 may be better suited for the debtor’s needs. There are many variables that must be considered before filing for either a chapter 7 or chapter 13 bankruptcy; therefore, you should seek legal advice from a Tampa bankruptcy attorney before initiating a bankruptcy proceeding.
One of the most significant benefits of a chapter 7 bankruptcy is the discharge of debts. The discharge releases the debtor from liability of the debts included in the bankruptcy. Moreover, the discharge will prevent the creditors from taking any further collection action against the debtor. However, there are situations in which a creditor may retain a right to seize some of the debtor’s property even after the discharge has been granted. For instance, if the debtor reaffirms the debt owed to the creditor, the creditor may retain rights to the property serving as collateral for the debt. To help prevent your property from being liquidated after the discharge you should consult a Tampa bankruptcy lawyer for legal advice. Under current bankruptcy law, there are numerous circumstances which can allow a creditor to seize assets owned by the debtor.
To help ensure a successful bankruptcy filing and avoid some of the bankruptcy pitfalls you should always seek the aid of a Tampa bankruptcy attorney before taking any legal action. An experienced Tampa bankruptcy lawyer can advise you on the applicable bankruptcy law and provide legal counsel throughout the bankruptcy process.
Posted in Bankruptcy Law | Tagged Bankruptcy Law, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Tampa Bankruptcy Attorney, Tampa Bankruptcy Lawyer
By admin on January 22, 2012
If you have been arrested for a DUI you should contact an experienced Tampa DUI attorney right away. There are multiple steps in a criminal DUI arrest that must occur before a driver is found guilty and convicted of a DUI. A Tampa DUI lawyer can counsel you on the legal process that will follow your arrest and help develop a legal strategy to defend against the charges.
The first stage in most DUI cases is the initial traffic stop by the arresting officer. If the arresting officer suspects the driver is under the influence of alcohol he can pull over the driver and request the driver to submit to a sobriety test. Police officers have many different sobriety tests at their disposal. For instance, a police officer can request the driver to submit to a breathalyzer test or a field sobriety test, such as the one-leg stand or finger-to-nose test. The results of a breathalyzer and field sobriety test will not always be 100% accurate. Therefore, a Tampa DUI attorney will often attack the credibility of the sobriety test to raise doubt of the driver’s guilt. If the prosecutor cannot prove beyond a reasonable doubt that the driver was under the influence of alcohol he will not be convicted of a DUI.
If the arresting officer feels there is enough evidence to detain the driver for a DUI he will be placed in detention and booked for a DUI. Under Florida DUI law, drivers arrested for a DUI must be detained for at least 8 hours, or until the driver is no longer intoxicated. In addition to detention the driver’s vehicle may also be impounded. If the vehicle is impounded the driver will need to go to the appropriate impoundment facility with proof of ownership and pay the applicable fee required to release the vehicle.
The penalties that may be imposed for drunk driving under Florida DUI law will vary based on the circumstances of the arrest. The possible penalties can include: imprisonment, a fine, ignition interlock installation, vehicle impoundment and revocation of the driver’s license. Under Florida DUI law, a driver can be charged with either a misdemeanor or felony offense. Both felony and misdemeanor convictions can have serious repercussions for the driver. However, the penalties imposed for felony convictions are much harsher than misdemeanor convictions.
For more information on Florida DUI law contact a Tampa DUI lawyer in your area for legal advice. A Tampa DUI attorney can help explain Florida DUI law and plan a legal strategy to minimize the consequences of your arrest.
Posted in DUI Law | Tagged Florida DUI Law, Tampa DUI Attorney, Tampa DUI Lawyer
By admin on January 18, 2012
Divorce can often be a long and expense process for both the parties involved. One way to help reduce the costs of dissolving of a marriage is to file an uncontested divorce. An uncontested divorce will be a much quicker and cheaper process than a contested divorce. However, an uncontested divorce may not be ideal every divorce. Therefore, if you are considering filing for an uncontested divorce you should speak with a Tampa divorce lawyer before taking any legal action. A Tampa divorce lawyer can help identify the possible advantages and disadvantages to filing for an uncontested divorce in Florida.
The primary benefit to filing an uncontested divorce is the cost savings. An uncontested divorce should save money on Tampa divorce attorney fees and court filings costs. An uncontested divorce requires less court motions and fewer court appearances by Tampa divorce lawyers. The reduced time spent by Tampa divorce lawyers will reduce the amount of hours billed to clients for legal work. Most Tampa divorce lawyers will charge at least $250 per hour; therefore, any reduction in the workload of your Tampa divorce lawyer can yield significant savings.
Under Florida divorce law, if both parties agree to the uncontested divorce, or if one party fails to make an appearance in court an uncontested divorce may be granted by a Florida Family Law Court. However, if one of the parties to the divorce does not consent to the uncontested divorce and submits the necessary court filings an uncontested divorce will not be granted. Most divorce cases involve disputes over property, child custody, alimony and other contentious issues. Only couples that have no disagreements regarding the terms of the dissolution of marriage may file for an uncontested divorce.
The process of filing for an uncontested divorce is very similar to filing for a contested divorce. Similar to a contested divorce, an uncontested dissolution of marriage officially begins when one spouse files for dissolution of marriage with the Florida Family Law Court. In most uncontested divorce petitions the couple’s property and child custody agreement will be submitted with the divorce petition.
Filing for a divorce can have serious legal consequences for the parties involved. Couples with children or disputed property arrangements, or other potential disagreements should carefully evaluate their situation before filing for an uncontested divorce. If the couple cannot agree on the terms of the divorce an uncontested divorce may not be a legally sound decision. If you are contemplating filing for a divorce you should contact a Tampa divorce attorney in your area for more information.
Posted in Divorce Law | Tagged Florida Divorce Law, Florida Family Law, Tampa Divorce Attorney, Tampa Divorce Lawyer, Tampa Divorce Lawyers
By admin on January 16, 2012
Legal immigration in the United States is a highly regulated system controlled by federal immigration law. Immigration law is very complex and constantly changing. Persons seeking legal immigration into the United States will need to have a thorough understanding of current immigration law. If you are seeking legal entry into the United States it is recommended that you consult a Tampa immigration lawyer for legal advice. A Tampa immigration attorney can help explain the law and prepare a strategy for legal entry into the United States.
Generally, a foreign national only has three ways to live in the U.S. legally. A non U.S. citizen can enter the U.S. legally as a family-based immigrant, employment based immigrant, or as a refugee. There are a few other ways to enter the U.S. legally, but these three are the most prominent means.
To qualify as a family-based immigrant, applicants must have a close family member who is either a U.S. citizen or permanent resident sponsor the application. The familial relationship must be one which is valid under current immigration law. For instance, U.S. citizens may be permitted to sponsor their parents, spouse, siblings and children; however, they will not be eligible to sponsor their cousins or other distant relatives. Furthermore, the family member sponsoring the application must produce an annual income at least 25% above the poverty line.
A foreign born individual may also enter the U.S. and become a permanent resident through employment-based immigration. In employment-based immigration a U.S. employer petitions for the foreign born individual to enter the United States, rather than a close family member. Generally, in employment-based immigration petitions the employer must prove to the Department of Labor that there are no qualified U.S. workers available for the job. Often the Department of Labor can be very demanding and employers will need the aid of a Tampa immigration lawyer.
Individuals living outside the United States may also obtain entry into the U.S. as a refugee. Under current immigration law, petitioners are required to prove there is a well-founded fear of persecution in order to qualify as a refugee. A Tampa immigration attorney can argue his client’s fear of prosecution is based on either: race, religion, political affiliation or national origin.
For more information on legal immigration into the United States contact a Tampa immigration attorney in your area. A Tampa immigration lawyer can evaluate your status and help determine your eligibility. If you are eligible, an immigration attorney can help prepare your petition and navigate it through the application process.
Posted in Immigration Law | Tagged Immigration Attorney, Immigration Law, Immigration Lawyer, Tampa Immigration Attorney, Tampa Immigration Lawyer
By admin on January 12, 2012
If you are overwhelmed with debt filing for Chapter 13 bankruptcy may provide some relief. Chapter 13 allows a debtor to restructure his debt, which can significantly improve a debtor’s financial position. However, not every debtor is eligible for a Chapter 13 bankruptcy. Therefore, debtors considering filing for bankruptcy should first meet with a Tampa bankruptcy attorney for legal advice. A Tampa bankruptcy lawyer can help explain the legal requirements and prepare the bankruptcy petition on your behalf.
Bankruptcy law requires Chapter 13 petitioners to file a satisfactory payment plan with the court. A Chapter 13 payment plan should describe in detail how the income the borrower receives will be used to pay off the debts owed. In most cases, the payment plan must be designed to pay off the debts included in the bankruptcy within 3 to 5 years. Once the payment plan is confirmed by the court it will bind the debtor and each creditor included in the bankruptcy. Therefore, a debtor should always seek the aid of a Tampa bankruptcy attorney when submitting a payment plan. An unsatisfactory payment plan can cause delays and unnecessary hardship for a debtor. Furthermore, a Tampa bankruptcy lawyer can help prevent a debtor from filing a payment plan that is too burdensome. If the debtor fails to make all of the payments scheduled in the payment plan the court may convert the Chapter 13 to a Chapter 7 liquidation bankruptcy.
Bankruptcy law also requires applicants to not have debts, which exceed the statutorily limit. Under current bankruptcy law, Chapter 13 applicants must owe less than $1,010,650 in secured debts and less than $336,900 in unsecured debts. A secured debt is one where a lender “secures” the loan by your assurance that the lender is allowed to take a specific item of property if the debt is not paid. On the other hand, an unsecured debt is one where a lender does not have the authority to take a particular item of property if the debt is not paid.
Satisfying the payment plan and debt threshold does not guarantee eligibility for Chapter 13. There are many instances in which a debtor will be precluded from filing for Chapter 13 even if both the requirements above are met. However, if a debtor is ineligible for Chapter 13 he may still be eligible for Chapter 7 or Chapter 11 bankruptcy. For more information on the requirements for bankruptcy eligibility contact a Tampa bankruptcy attorney in your area. A Tampa bankruptcy lawyer should be able to help determine your eligibility for bankruptcy.
Posted in Bankruptcy Law | Tagged Bankruptcy Law, Chapter 13 Bankruptcy, Tampa Bankruptcy Attorney, Tampa Bankruptcy Lawyer
Florida law general reference is not a law firm, nor engaged in providing legal advice. The information contained in this website is for general reference only and should not be construed as legal advice. If you need legal advice you should contact a licensed attorney.