RI Divorce Attorney Alves posts decision in a Family Court Divorce Proceeding involving the equitable division of the marital assets.
RI Divorce Case Results
Wife worked in the home for many years. Husband did not want divide his business and/or real estate to give to wife. Wife awarded a cash lump sum of money to compensate for her equitable interest in the marital estate.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Thursday, October 28, 2010
Wednesday, October 27, 2010
Immigration Case Backlog in Houston Court
RI Immigration Attorney Alves posts the following article concerning the Houston immigration court and the clearing of its dockets. The immigration cases being thrown out are related to matters that do not involve criminal activity or are not pressing in terms of public safety. The courts claim it is an effort to whittle down their docket which reaches into 2012, however, supporters of the new laws claim it is an attempt to by-pass certain aspects at an attempt to support the Obama administrations amnesty actions.
Immigration Courts Tossing Out Record-High Number of Cases
By Elise Foley
10/18/10
Houston immigration judges are throwing out an unprecedented number of cases after an internal review of the city’s immigration court docket, the Houston Chronicle reported yesterday. That means many non-criminal illegal immigrants are more likely to be released: About 200 immigration cases have been dismissed per month since the review began, up from an average of 38 per month. The policy change, which ICE officials have avoided discussing, seems to be an attempt to deal with large backlogs in the immigration courts, which are already scheduling hearings into 2012.
Why are some cases dismissed? The answers differ: Although ICE claims only cases involving pending petitions for illegal immigrants by U.S. citizens would be considered, others claim the guidelines are more broad. Raed Gonzalez, liaison for the Justice Department’s Executive Office for Immigration Review with the American Immigration Lawyers Association, told the Chronicle judges were given authority to dismiss immigration cases for a number of other reasons:
Government attorneys in Houston were instructed to exercise prosecutorial discretion on a case-by-case basis for illegal immigrants who have lived in the U.S. for at least two years and have no serious criminal history, Gonzalez said.
To qualify for dismissal, defendants also must have no felony record or any misdemeanor convictions involving DWI, sex crimes or domestic violence, he said. [...]
By moving to dismiss cases for people who have stayed out of trouble, the agency will be better able to use its limited resources to more rapidly deport those with serious criminal records, supporters said.
On the other side, though, supporters of tougher immigration enforcement have claimed the review is an effort at backdoor amnesty by the Obama administration. It’s an argument many anti-illegal immigration groups have made before, but it is worth noting that despite dismissals, deportation is still on the rise under the administration.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Immigration Courts Tossing Out Record-High Number of Cases
By Elise Foley
10/18/10
Houston immigration judges are throwing out an unprecedented number of cases after an internal review of the city’s immigration court docket, the Houston Chronicle reported yesterday. That means many non-criminal illegal immigrants are more likely to be released: About 200 immigration cases have been dismissed per month since the review began, up from an average of 38 per month. The policy change, which ICE officials have avoided discussing, seems to be an attempt to deal with large backlogs in the immigration courts, which are already scheduling hearings into 2012.
Why are some cases dismissed? The answers differ: Although ICE claims only cases involving pending petitions for illegal immigrants by U.S. citizens would be considered, others claim the guidelines are more broad. Raed Gonzalez, liaison for the Justice Department’s Executive Office for Immigration Review with the American Immigration Lawyers Association, told the Chronicle judges were given authority to dismiss immigration cases for a number of other reasons:
Government attorneys in Houston were instructed to exercise prosecutorial discretion on a case-by-case basis for illegal immigrants who have lived in the U.S. for at least two years and have no serious criminal history, Gonzalez said.
To qualify for dismissal, defendants also must have no felony record or any misdemeanor convictions involving DWI, sex crimes or domestic violence, he said. [...]
By moving to dismiss cases for people who have stayed out of trouble, the agency will be better able to use its limited resources to more rapidly deport those with serious criminal records, supporters said.
On the other side, though, supporters of tougher immigration enforcement have claimed the review is an effort at backdoor amnesty by the Obama administration. It’s an argument many anti-illegal immigration groups have made before, but it is worth noting that despite dismissals, deportation is still on the rise under the administration.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Friday, October 22, 2010
Benefits of Becoming a Legal US Citizens
Under the Immigration and Naturalization Act, when you become a United States Citizen you then become eligible for certain privileges that are not available to you while you are holding your green card.
When you have satisfied the criteria that will provide you with eligibility for naturalization, specifically, that you are a married Legal Permanent Resident and your green card was secured as a result of this marriage, you may file an application for Citizenship three years following the issuance of your green card.
If you are a Legal Permanent Resident who did not obtain their green card through marriage, then you will become eligible for naturalization five years after you receive your green card.
Some of the advantages of becoming a US Citizen include:
If you are considering obtaining a green card or applying for citizenship, contact Rui P. Alves for more information.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
When you have satisfied the criteria that will provide you with eligibility for naturalization, specifically, that you are a married Legal Permanent Resident and your green card was secured as a result of this marriage, you may file an application for Citizenship three years following the issuance of your green card.
If you are a Legal Permanent Resident who did not obtain their green card through marriage, then you will become eligible for naturalization five years after you receive your green card.
Some of the advantages of becoming a US Citizen include:
- No longer being able to be deported from the US, and not having to show proof of residency or any immigration documentation to re-enter the country after leaving.
- Vote, serve on a jury, and become eligible for government grants and education financing.
- And bring family members to the United States, and secure citizenship for children who were born abroad.
If you are considering obtaining a green card or applying for citizenship, contact Rui P. Alves for more information.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Wednesday, October 20, 2010
Divorce, Children, and the Marital Domicile
Most divorce cases being determined at this time have issues that are settled long before ever stepping foot in the courtroom. In fact, the vast majority of cases are settled without the need for a trial as parents and divorcing couples come to realize that settling out of court avoids not only hefty legal fees, but also a tremendous amount of stress, anxiety and shared trauma.
These cases are also marked by the determination of each party to resolve their difference amicably, and in particular, those things which relate to the welfare of their children.
The marital domicile is the major investment that most couples will make in their lifetime. Owing to this fact, the court does not take the separation of it lightly. If the party who wishes to reside in the home with the children, is financially able to do so, and the situation will continue to be in the best interest of the children, the court will often allow the parties to defer selling the house.
However, the party remaining in the home will have to agree to sign a mortgage for the equity in the home, or that they will buy out the other spouse when it becomes financially feasible to do so. The court will ensure this process is undertaken strictly, by appraising the value and equity of the home. If a couple disagrees with the value that the court assigns, they may always hire their own appraiser.
Additionally, if there is a substantial change in the circumstances of either spouse, but in particular the spouse who remains in the house, the court will re-evaluate and redetermine whether deferring the sale of the property is still a good solution for all involved. If it is determined that the remaining spouse is now either able to buy out the vacating party, or buy another home, the court may order the marital domicile sold.
The only way to be sure that you are forming a fair agreement, is to seek the counsel of a qualified domestic relations and divorce attorney in RI.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
These cases are also marked by the determination of each party to resolve their difference amicably, and in particular, those things which relate to the welfare of their children.
The marital domicile is the major investment that most couples will make in their lifetime. Owing to this fact, the court does not take the separation of it lightly. If the party who wishes to reside in the home with the children, is financially able to do so, and the situation will continue to be in the best interest of the children, the court will often allow the parties to defer selling the house.
However, the party remaining in the home will have to agree to sign a mortgage for the equity in the home, or that they will buy out the other spouse when it becomes financially feasible to do so. The court will ensure this process is undertaken strictly, by appraising the value and equity of the home. If a couple disagrees with the value that the court assigns, they may always hire their own appraiser.
Additionally, if there is a substantial change in the circumstances of either spouse, but in particular the spouse who remains in the house, the court will re-evaluate and redetermine whether deferring the sale of the property is still a good solution for all involved. If it is determined that the remaining spouse is now either able to buy out the vacating party, or buy another home, the court may order the marital domicile sold.
The only way to be sure that you are forming a fair agreement, is to seek the counsel of a qualified domestic relations and divorce attorney in RI.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
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