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June 29, 2018
U.S. launching office to track down Citizenship Cheaters

By Michael H. Joseph

The U.S. government agency that oversees immigration applications is launching an office that will focus on identifying Americans who are suspected of cheating to get their citizenship and seek to strip them of it.  U.S. Citizenship and Immigration Services (“USCIS”) Director L. Francis Cissna told The Associated Press in an interview that his agency is hiring several dozen lawyers and immigration officers to review cases of immigrants who were ordered deported and are suspected of using fake identities to later get green cards and citizenship through naturalization.   Cissna said the cases would be referred to the Department of Justice, whose attorneys could then seek to… Read More

June 29, 2018
Employment-Based Immigration News Update in June 2018

By Michael H. Joseph

What are our Westchester Immigration Attorneys reviews/highlights for the immigration news in June 2018? USCIS Publishes Report on FY17 H1B Petition Filings The U.S. Citizenship and Immigration Services (USCIS) has published the annual report for fiscal year (FY) 2017 that details characteristics of H1B Petitions. FY17 ran from October 1, 2016 through September 30, 2017. The report provides data related to H1B Petitions filed during FY17, including the number of petitions filed and the number of approvals issued. The report indicates that there were 403,675 H1B petitions filed in FY17, which increased by 1.24 percent from FY16.  Interestingly, the report… Read More

June 29, 2018
Westchester Car Accident Lawyers Win Summary Judgment For Injured Car Accident Victim

By Michael H. Joseph

Our Westchester car accident lawyers were victorious in establishing our client’s entitlement to summary judgment on liability by demonstrating that the Plaintiff’s vehicle was struck in the rear by the defendants’ vehicle. Without a trial, the Westchester Supreme Court granted our White Plains attorneys’ motion and found that our proofs were so strong that the Court  awarded partial summary judgment on the issue of liability and found for our client. In this case, Plaintiff was rear ended by a truck. The  Defendant claimed that they accident was not their fault becauase our client stopped short.   Prior to the completion of… Read More

June 26, 2018
Trump reverses course, signs order to keep families together

By Michael H. Joseph

Separating immigrant families under Trump Administration has been a very controversial topic lately and has been in the headlines for quite some time.  In the past weeks, heartbreaking images and audio of children crying for their parents have captured the nation’s attention as lawmakers seek a solution to end the separations and the White House doubled down on its insistence that it is simply enforcing the law. Our New York and Westchester immigration attorneys know all too well the pain that a deportation of a loved one can cause and when a parent is separated from a child, the emotional… Read More

June 2, 2018
Uber Agrees to Drop Arbitration Clauses in Rider Assault cases

By Michael H. Joseph

While Arbitration agreements in form contracts have been widely criticized by the public as unwittingly duping them into agreeing to waive their rights to access to the Courts, both Federal and New York State Law favor arbitration. Arbitration is the procedure where an arbitrator, as opposed to a jury, hears disputes and renders a decision. It is a streamlined procedure and has minimal rights to review, with limited grounds, such as arbitrator partiality or the abitrator exceeded his or her powers. Often arbitrators are retired Judges or lawyers, who are perceived to be more conservative, i.e, company friendly. While the… Read More

June 2, 2018
Harvey Weinstein Arraigned on Rape Charges

By Michael H. Joseph

On May 25, 2018, disgraced Hollywood producer Harvey Weinstein was arraigned in Manhattan criminal court on charges of rape in the first and third degrees, as well as criminal sexual act in the first degree.  The after the fact accusations of sexual assaults which occurred decades earlier is a hot topic in criminal law and whether New York’s statute of limitations applies, is a question of how serious the incident actually was.  For example, most felony cases cannot be prosecuted after five years, but certain crimes, such as Rape in the first degree, which are the most egregious, have no… Read More

June 2, 2018
Immigrant Detained 8 Months for Turnstile Jumping Is Entitled to Bond Hearing

By Michael H. Joseph

The Southern District of New York just issued a ground breaking decision for a Haitan immigrent, which will likely affect the right of other immigrants held without bal when facining criminal charges in New York City, Westchester and Rockland counties. “The public interest is best served by ensuring the constitutional rights of persons within the United States are upheld,” the U.S. District Judge Alison Nathan of the Southern District of New York Nathan said. Judge Nathan found that the prolonged detention of Augustin Sajous, who came to the United States from Haiti in 1972 when he was 14 years old, without… Read More

May 14, 2018
Divided New York Court of Appeals Establishes 3-Year Limit to Bring No-Fault Claims

By Michael H. Joseph

On May 1, 2018, the New York Court of Appeals ruled that an injured person has a three-year window to file a no-fault claim against a self-insured entity such as the New York City Transit Authority. No fault benefits, under New York law, consist of lost wages and medical payments for treatement related to injuries sustained in a car, bus or truck accident. These include pedestrians or bicyclists hit by a vehicle, as well as drivers and occupants of a vehicle. In this case in 2001, a passenger on a New York City bus, was injured in a motor vehicle… Read More

May 8, 2018
Westchester Court Rules that School is Responsible for Bullying Injury

By Michael H. Joseph

Our White Plains Personal Injury lawyers won a major victory in the Westchester Supreme Court by overcoming a school  district’s motion to dismiss the case. The consequences of bullying have become more serious in recent years, with injuries being the result when Schools do not play active role in protecting our children.  This case involved a personal injury action arising out of an incident involving a bullied student who was assaulted by a fellow student.  In this case, the Defendant’s lawyers brought motion seeking summary judgement dismissing the action in its entirety.  The Westchester Supreme Court held that our school… Read More

May 8, 2018
Prediction/Expectation on Immigration in 2018

By Michael H. Joseph

What are our Westchester Immigration Attorneys expectations for the immigration agenda in 2018? The easiest prediction to make for 2018 is that Donald Trump will not visit the Statue of Liberty on the Fourth of July and extol the virtues of America’s great tradition as a nation of immigrants. On a serious note, whether a prospective immigrant is seeking permanent residence based upon applications which are Employment-based, family-based, or you are a refugee or asylum seeker, the Trump administration plans to make it more difficult for most immigrants to enter or remain in the United States. Low Unemployment but More… Read More

 
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