Posts made in June, 2016

Inside “Sham Marriage” Interviews

Posted by on Jun 20, 2016 in Immigration | 0 comments

The process of receiving a green card is a demanding task involving piles of paperwork, complex qualifications, and countless procedures. However, one of the fastest ways to obtain a green card is family based immigration via marriage. The USCIS estimates that 30 percent of alien and immigrant marriages are suspect of being fraudulent or a “sham.”

Before the couple is even granted an interview, they must submit towers of paperwork including biographic information, insurance account records, and form I-130 which establishes the couple as legally wed. According to the Austin immigration lawyers of the Law Office of William Jang, PLLC “to prove that the married couple has not entered into a “sham” marriage, the couple must already or intend to live together, join their assets, and be mutually responsible for any liabilities.”

This consular interview is usually the final phase of becoming a married couple in the U.S. It often takes place in the immigrant’s home country and it is required that both spouses are present. If the officer determines the marriage as suspect, the couple will enter the fraud unit. They are separated and are questioned for several hours. Some of the questions include:

How many people were at your wedding?

Do you or your spouse use contraception and if so, what kind?
Who does the cooking?

If you are standing at and facing your kitchen sink, where is the microwave oven?

According to the U.S. Government and Customs Enforcement, persons who are convicted of having a fraudulent marriage have committed a felony offense with a fine of up to $250,000. The strenuous interview process exists to ensure that the marriage is solidified and legitimate. So, if a U.S. citizen and an alien are looking to get married, they have to prepare for more than just the wedding.

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The Fast Food Unpaid Labor Problem

Posted by on Jun 19, 2016 in Economy | 0 comments

The fight for a raise in minimum wage has shifted a focus on the labor practices of the fast food industry. For example, starting December 31, New York City fast food workers will be paid an increased minimum wage of $10.50 per hour. Workers may be getting higher pay, but will the restaurants pay them all that is due for overtime work? According to the FLSA, “Employees must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay.”

Fast Food chains can contribute to the unpaid labor problem by asking employees to work during lunch breaks, during a non-mandatory training program, or by simply making them work off the clock. To be exempt from these laws you must be a worker of higher authority such as an executive position. Also, according to Cary Kane LLP, “To be a Fast Food Establishment the company must be a part of a chain of 30 or more locations.”

The arguable king of fast food, McDonald’s, was sued multiple times for wage theft violations. The suits claim that McDonald’s ignore the laws set by FLSA by forcing employees to work off the clock. Additionally, CNN Money claims that Subway chains have “violated pay and hour rules in more than 1,100 investigations.” A former Subway employee sued a Subway, alleging a denial of minimum wage and overtime pay.

The FLSA specifically outlines labor laws for the fast food industry, which may be overlooked. Many workers are unaware of their rights as laborers. An authority figure may falsely claim an employee as exempt for paid overtime. There seems to be a growing concern for the corrupt labor laws in the fast food industry, outside of the minimum wage issue. While fast food workers are typically pegged as lazy teenagers, some may be actually working for free.

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The State Who Doesn’t Use Breaks

Posted by on Jun 18, 2016 in Automobile | 0 comments

With the rise of technology, the world has become more about convenience and speed. People want their food made fast, their internet connection fast, and of course, they want to get to their destination fast. According to Iowa car accident attorneys, 33% of all fatal car accidents can be attributed to speeding. Fatal car accidents are a serious reality today, and the Insurance Institute for Highway Safety reveals the top state with fatal car accidents in 2014.

The top of the list is a state that prides themselves on being bigger, but in this case it doesn’t work in their favor. Texas had the most car accidents resulting in 3,193 total deaths. Texas has the fastest highway in the U.S. with a posted speed limit of 80-85 mph. This implementation was a cause for concern as many saw it as a huge safety hazard. According to the Boston car accident lawyer, speeding can cause the following conditions:

– Inability to stop suddenly
– Decreased visibility
– Increased nervousness of other drivers

Unsafe driving conditions have fatal consequences for the drivers and the economy. The National Highway Traffic Safety Administration estimates that the economic cost to society from car accidents related to speeding is $40.4 billion. Texas shares a large portion of this cost with its dangerous highway conditions. Texas is also home to many highways, many of which are under constant construction, congested, and full of fast moving vehicles. I-35 and I-45 are in the top of the most dangerous highways in the state.

While a culmination of factors may lead to a car accident, it is ultimately the decisions of the driver that determines the safety of the road. According to LaMarca Law Group P.C., “Vehicular accidents are one of the leading causes of injury and death…a large number of these accidents were likely caused by another person’s negligence.” Texas is not the only state with car safety issues, for the nation as a whole must face the issues of this fast-paced world.

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Risks of Working an Office Job

Posted by on Jun 17, 2016 in Health | 0 comments

When one thinks of a dangerous job, words like policeman, stunt man, and construction worker probably come to mind. However, there are many serious risks that come with an office job. Working a sit-down job can put an employee at risk for many physical handicaps. According to Lamarca Law Group, P.C., “In reality, any job can lead to serious injuries and medical conditions.” While the health risks depend on the position in the company, there are aspects that apply to varying roles.

Most jobs in an office require sitting for hours on end. It is no surprise that extensive periods of rest can cause a myriad of health issues. According to Mayo Clinic research, sitting for a long time causes an increased risk of obesity, high blood pressure, high blood sugar, and abnormal cholesterol levels. It is important that a job allows an employee ample time to take walks or stand.

Additionally, many office jobs necessitate some sort of repetitive motion. Whether that is typing, lifting, or continuous eye movement, reoccurring motion can cause ill affects. The most susceptible parts of the body are the joints. This especially includes the wrists, fingers, shoulders, and elbows. According to the Occupational Safety and Health Administration, “RSIs or repetitive stress injuries compromise more than one hundred different types of job-induced industries and illnesses.” In order to prevent these types of injuries, a worker should stretch and take frequent breaks.

One of the most common causes of missed workdays is due to illness. The illness that comes from an office job attacks slowly through time. If one is suffering from a work-related injury, it is important to see a doctor and explore options for worker’s compensation. The human body is not made for an office job, and so it is essential that an employee understands the possibility of certain health issues.

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Easy Mistakes That Lead to Swimming Pool Injuries in Children

Posted by on Jun 16, 2016 in Family | 0 comments

Most parents know the basics of swimming pool safety. The child must wear a life jacket, be supervised, and swim in safe water. However, there are plenty of seemingly small mistakes that a parent can make that can injure the child. According to The Sheboygan Personal Injury Attorneys of Habush Habush & Rottier S.C., swimming pool injuries affect “More than three thousand children and adults.”

According to the CDC, “About one in five people who die from drowning are children 14 and younger.” With swimming pool injuries being such an issue, especially for children, it is important that parents pay attention to the little things. A young child should always have a life jacket, and not be allowed just an inflatable device. The parent may not see this as an issue at first, but the device may deflate while the child is in deep water or they may slide off unintentionally.

According to the Seegmiller Law Firm, it is “advisable to take extra precaution and only swim in the presence of someone who is lifeguard certified.” But sometimes a lifeguard is not available and the parents are responsible for supervising. If the adults are under the influence of alcohol, they will greatly increase the risk of their child’s safety. Additionally, the parent must be in close proximity of the child at all times to ensure quick rescue if something does go wrong.

Parents may think that just because the pool water is shallow that their child won’t drown. But hot tubs especially are a hazard area for young children who will overheat easily. Inadequate safety precautions can cause injuries to the brain, muscles, and emotional health. Therefore, it is important for a parent to take notice of the tiny mistakes which could save their children from swimming injuries or death.

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Marijuana in a Broken Marriage

Posted by on Jun 15, 2016 in Family | 0 comments

Marijuana is one of the most popular recreational drugs in America and is used by millions of Americans every day. Despite this, the use of marijuana can affect many aspects of a divorce, especially child support and custody. In Colorado both recreational and medicinal use of marijuana is legalized. But according to the Family Law and Cannabis Alliance, the law contained no specific provision to protect parents from CPS intervention. The severity of the effect on the divorce, whether the user is being divorced for an addiction or battling custody, lies at the hands of the judge.

One of the contributing factors concerning substance abuse in a divorce is the conduct of the user. The court usually looks at when and where the marijuana is consumed. For example, if the spouse uses marijuana in a more conspicuous place like a car as opposed to the public area of the home, the severity of the charge can decrease. The frequency of use is also investigated to determine the degree of abuse. According to Westchester drug crime attorney, a spouse can file for divorce based on factors such as possession, sale, cultivation, and paraphernalia.

If a child is involved in a divorce involving a drug charge, the difficulty for the user to be granted custody increases significantly. Toddlers and adolescents are assumed to be at a greater influence of the use of marijuana. Also, like any child custody case, the financial and professional lives of the spouses are evaluated. According to BB Law Group PLLC, “Generally, the parent with whom the child resides most often receives child support payments…but this, and the amount of payments, might vary.” Overall, a drug charge complicates the nature of the divorce and financial future of the user.

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