Blog – JMG Law Firm

10 Types of Evidence That Can Strengthen Your Marriage-Based Green Card Case

Wed, 09 Jun 2021 18:07:00 GMT

You may have a strong marriage, but do you have a strong marriage-based case for permanent residence?

Every marriage is different. Every relationship is different. And although, we, as a society, continue to urge people not to judge another’s life or relationship because each one of us is different, this does not apply when one files for a marriage-based green card. USCIS has every right to judge the relationship as the outcome of your case depends on it.

When applying for permanent residence, you must prove that you have a bona fide marriage. A bona fide marriage is one that is real, one where you and your spouse genuinely care for one another and love each other. It is important to remain honest through the immigration process as the officers are not only well trained in detecting fraud, but falsification or deceit will cause many more complications to your case.

In reviewing your case, an officer is assessing whether the marriage was bona fide from its inception. To prove that this is the case, be prepared to share the following evidence:

This one seems fairly obvious, but it must be stated, nonetheless. You will need to provide a copy of the marriage license and certificate. Gather photos from your wedding day, the reception, pictures that were taken in celebration of this momentous occasion with family and friends. Provide a copy of your wedding invitation, save the dates, and any personalized wedding vows that were written.

Tell them your love story. Each of you may provide an affidavit that explains how and when you met. How long had you been courting? Where did you meet and what have you come to love about your spouse? Tell the story of your proposal. Was family involved in making the decision? Do you have pictures of how your relationship grew over the course of time? Provide a copy of your engagement announcement.

If you have children together as a result of this relationship, provide copies of the birth certificates. If you have adopted your spouse’s child, provide proof of the adoption documents and finalization. Provide copies of the child’s school and medical records showing both parents listed under “In case of emergency.” And as always, pictures are a plus. Provide pictures of the day the child was born, and other milestone events with his/her parents.

Now that you’re married, USCIS wants to see if you are living the dream of a married couple. Do you live together? Do you own real estate together? Or do you share a lease? Although in many cases, only one spouse is on the deed or the lease, the officer is looking to see why that did not change after marriage. Their expectation is that you will be sharing a majority of your assets and debts. If you do not jointly own your home together, or a lease, be prepared to explain why.

USCIS will want to see proof of your shared assets. Do you own vehicles together? Have you added your spouse to the title of the vehicle? Do you have shared bank accounts? This is a big one. Many couples have a joint account as well as personal accounts. While this is still acceptable, the officer will be reviewing your statements to see where most of your transactions are occurring. They will check to see which account you utilize for your direct deposits. Which account do you utilize to make payments for utilities? Which account do you utilize for day-to-day expenses such as groceries? In the eyes of the officer, sharing is caring. The more income and expenses you share, the stronger your case for a bona fide marriage.

Even if your car(s) is not a shared asset, do you have joint car insurance policies? Are you listed as the beneficiary on your spouse’s life insurance policy? Do you have joint home insurance or renter’s insurance policy? Do you have joint medical/dental/vision insurance policies?

Provide USCIS with copies of your shared water, electricity, gas and other utility bills showing that you share in your daily expenses. Have you merged your cell phone bills yet? Most carriers will allow you to keep your phone number so it should not be an issue to change to your spouse’s carrier and pay one cell phone bill. The officer will tend to frown upon seeing two different cell phone bills.

Have you received greeting cards, credit card statements, magazines, mail with membership subscriptions at the same joint address? Provide a copy of your mail showing the mailing address with your names to prove that you receive your mail at your marital residence.

Marriage is a life changing event. Therefore, if you are on social media, this must have been an announcement you made publicly. Print a copy of your social media post making the announcement. Does your social media reflect that you are married to your spouse and/or how your relationship grew? Share that.

Provide the officer with pictures from various events: birthdays, graduations, weddings you’ve attended together, other celebrations with family and friends and vacations. Also provide pictures of your everyday life together. Maybe you took a selfie with your spouse while walking in the park. Or you have a picture of the two of you just goofing around in your yard playing with water guns. Or just an average day when you were both doing the dishes together.

Although these are some of the basic documentation you could provide to USCIS, we understand that every case is different. Sometimes couples have to live apart due to employment or taking care of family. These are not ideal circumstances, but we, at JMG Law Firm, can help you present your strongest case to obtain a green card.

For more questions, reach out to JMG Law Firm at (678) 273-3564.

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What To Do When You Can’t Find An Original Will

Wed, 07 Apr 2021 14:04:00 GMT

Cytonn Photography on Unsplash

A will is a legal document that plans out your wishes regarding your children, finances, real estate, and any other assets you own. As someone ages and starts thinking about their mortality, meeting with a lawyer to write a will is one of the next steps. Once created, the original will is kept in a safe or with the lawyer so it can be easily found when needed. Copies may be kept in other locations in case the original cannot be located.

When someone with a will passes away, it is customary that the family locate the original before beginning the probate process. While having the original will is the best option, there are times when it just cannot be found and the family has to take alternative options.

What To Do When You Can’t Find An Original Will

If the original will was previously revoked…

You will need to use an earlier signed will or the laws of succession will determine the outcome of their assets.

If you only have a copy…

You can submit a copy of the original but you will need to provide evidence that this copy came directly from the signed original. That evidence can be in the form of an affidavit of one of the witnesses to the will.

If the original is missing…

First, check the deceased’s home thoroughly. Look through any regular hiding spots, safes, and safe deposit boxes. Without the will, you’ll need to contact the deceased’s attorney to determine how the estate will be settled. When there is no will presented, the estate proceeds as if no will was created.

Finding a lost will can be nearly impossible once the creator has passed. To keep this from happening, inform your attorney, executor, trustee, and any other trusted friend/ family member where you are keeping the original. If there is a key or lock code to get to your will, remember to give that information to trusted family members.

If you need help creating and probating your will, contact JMG Law Firm today. We’re here to assist you through the process and give you tips on properly securing your original in a safe place.

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Why You Need A Health Care Directive

Wed, 24 Mar 2021 13:58:00 GMT

CDC on Unsplash

A Healthcare Directive is a written document created to speak for your healthcare wishes when you are no longer able to.

Any time you go to the hospital, you want to have that documentation with you so that there is not any confusion as to what you want to happen in the event your health starts to decline. Having a healthcare directive prepared for you and your family will help alleviate the stress of managing your affairs.

What Is A Healthcare Directive?

A healthcare directive can be called many names. A personal directive, living will, and advance directive are all names you might hear when referring to your healthcare directive. All terms are referring to the document used to appoint someone to make your healthcare and personal decisions. This includes making decisions on medical treatments when you are incapable of doing so for yourself, listing your healthcare agent, as well as in the event of your passing, how you would like your remains handled. A healthcare directive, however, does not make an appointment for your financial decisions.

What’s Included In A Healthcare Directive?

Healthcare directives can be as specific as needed. Usually, a health care directive sets in writing what you would like to medical care and treatment should you be unable to advocate for yourself. You can include specific directions for your medical care and the courses of action you’d like taken should certain events occur. You can also include how you would like to be taken care of should life support, food, or any other issues for your health.

Your healthcare directive can also appoint the name(s) of persons you want caring for you should you need it. The name(s) listed will be the ones to carry out your medical wishes.

Do I Require A Healthcare Directive?

While it is not a requirement, it is definitely a smart medical decision. You never know when circumstances may change and it is always better to be safe than sorry. If you find yourself in an accident that renders you unable to speak for yourself, having a health care directive already signed takes the guesswork out of what you would want for your medical treatment.

Is My Healthcare Provider Obligated To Follow My Healthcare Directive?

The short answer is yes. When provided to your healthcare provider, they are obligated to follow your wishes to the best of their ability. If your healthcare provider is not willing to follow your healthcare directive, they are to refer you to someone who will.

As long as your medical wishes are within current medical practices, your healthcare directive will be followed. Your healthcare directive will last until the time of your death unless you revoke it sooner.

Let JMG Law help you write your health care directive. Contact us today.

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What Should I Do If I Get Into A Car Accident?

Wed, 10 Mar 2021 16:55:00 GMT

Photo by Michael Jin on Unsplash

The first minutes and hours after a car accident are the most critical. What you do directly after a car accident does not only affect your health but also your potential legal case.

Car accidents can be scary when they first happen. You may be in shock from the collision, or you may suffer a painful injury. Having a plan in case you do get into a car accident can take away some of the nerves.

Below are the steps we recommend you take after an accident.

Check For Injuries

First, check yourself for injuries. Be careful and make sure you can move without further hurting yourself. Then, check any passengers that may have been in your car for possible life-threatening injuries. Once you’ve assessed the injuries in your car, check to see if you can help anyone else who may have been involved.

Call 911

Police and first responders are your first step to documenting what has happened. Make sure you know where you are so you can give them a good description of how to locate you. Once they arrive, tell what happened but do not admit fault. Phrases like “I’m sorry” could hinder any potential legal case you may have.

Document The Scene

While you await the authorities, take photos and videos of the scene. Documenting the scene of the accident is not only for your insurance but having photos and videos may come in handy should you seek legal counsel. Once you document the scene if your car(s) are still drivable move them out of traffic. Moving your card off to the side will protect you and anyone else involved from further injuries while being in the flow of traffic.

Exchange Information

Before you leave the scene, don’t forget to exchange information with the other drivers. You may need to give their contact information to your insurance company or your personal injury lawyer.

Make A Doctor’s Appointment

If you don’t head to the emergency room after the accident, schedule an appointment with your doctor. Making sure all injuries are taken care of and well documented will be beneficial for you and your potential legal case. Finish any treatments prescribed by the doctor and document any visible injuries, as you may need photos in the future.

Seek Council

Going through the insurance company is only one of your options after a car accident. They will be evaluating your injury claim right as soon as you call. To protect yourself before and after you speak to them, seek counsel from a personal injury attorney . With the help of an attorney, you can level the playing field and give yourself a better chance at winning a proper settlement.

If you’ve recently been in a car accident and you think you may need legal counsel, contact JMG Law Firm today. We’re ready to help you go over your options.

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COVID and the Importance of Having An Estate Plan

Wed, 24 Feb 2021 14:59:00 GMT

Photo by Kelly Sikkema on Unsplash

The COVID-19 pandemic has made the last year more difficult and stressful than most could have imagined. Many felt that stress, even more, when illness and death fell upon their immediate family. Having an inadequate estate plan or not having a plan at all, is the last thing you need during a pandemic that could last years.

If you haven’t gone through an estate plan review or you haven’t considered creating an estate plan before now, keep reading for 4 reasons why you should evaluate your estate and create a plan that protects you, your assets, and your family.

Reasons Why You Need An Estate Plan During This Pandemic

1. Circumstances May Have Changed

Throughout 2020, many have lost jobs, changed jobs, or accepted a lower salary to remain employed. That change is a good reason to reevaluate your current estate plan.

It’s possible that you or a family member mentioned in your estate plan have gotten sick in the past year. If that sickness has caused one or both of you to rethink how you live your life, that might also affect their role in your estate plan.

2. Plan for the Unexpected

With everything, COVID-19 has brought with it, the sudden passing of a previously healthy-looking loved one is the worst. While it may be hard to think about, you don’t want to put your family in the situation of grieving and stressing over money.

The added stress of where the money is coming or going is avoidable when an estate plan is in place. Planning your estate will give you peace of mind that your family will be taken care of.

3. Protecting Your Business Is Important

Planning your estate isn’t just for personal assets. It can protect your business, too. You might not be worried about it now, but knowing how your business will run without you will ease you into letting go when the time comes.

Your business is an asset that allows your family to live the life they live. When you can no longer run the business the way you have been for years, planning your estate can make sure they are taken care of and your business ends up in the hands of someone you trust.

4. Create A Plan In Case of Incapacity

When you are currently physically and mentally capable, it can be hard to see a time when you may not be so capable to manage your own life. But for some, that time comes. When it does, you want to be prepared for your estate to be taken care of by someone you love and trust.

If you are ever in a situation where you or a loved one feel you can no longer be in control of your own personal or financial life, having an estate plan in place will be your last piece of autonomy.

If you’re ready to start planning your estate, please contact JMG Law Firm today.

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Why Should I Hire A Personal Injury Attorney?

Wed, 10 Feb 2021 10:00:00 GMT

Photo by Hush Naidoo on Unsplash

If you are seriously injured in an accident caused by someone else you could be eligible for a personal injury claim. While you can try to file and settle these claims on your own, without an attorney present on your behalf, you may find later that you’ve lost out on benefits you were entitled to. Hiring an attorney could guide you through this stressful process.

Benefits Of Hiring A Personal Injury Attorney

Error Prevention

The smallest mistake or missed deadline could cause your entire case to be compromised. Hiring an attorney could keep you from saying something that could be used against you. When there is someone else working on your behalf, you want to have someone on your side who is more knowledgeable and competent in their job. Hiring an attorney could keep your case from falling apart before it’s had the chance to get started

Your Legal Interests Are Protected

When an attorney is filing a claim on your behalf, you are more likely to get a fair settlement because they know how to negotiate. Personal injury claims can be quite complex depending on the situation and the parties involved. Navigating the legal system when you have little to no knowledge of how the system works, could leave you vulnerable to getting taken advantage of in court. Hiring an attorney means hiring someone who knows what it takes to build a solid claim and protect your best interests.

Attorneys Can Offer An Objective Opinion

When you’re in the heat of the moment, your judgment can be clouded by emotion. A personal injury can take a huge toll on your mental ability to think clearly and make decisions. Your attorney will be able to think more objectively about your situation and the decisions you have to make before coming to a settlement agreement. Hiring an attorney means hiring someone who is only dealing with the facts of your case. They can fight on your behalf without emotions getting in the way.

Better Solution Resolution

Hiring an attorney will create a much easier path to resolution and settlement. A personal injury attorney will be your main line of communication when options are presented to you. Your attorney can help you make the best decision for you based on your claim, circumstances, injuries, and expected outcome. Making those decisions on your own could cause you to miss out on a better solution.

You Can Focus On Healing

While your personal injury attorney is working on your case, you can do the most important part: heal. When you are stressed out about your case, calling insurance companies, and filing claims, you are not focusing on what your body needs to get better. After a personal injury, you will need time to properly heal before returning to work and everyday life. Healing is a huge part of your recovery and adding stress only adds to the time it will take to get you back to feeling like yourself.

If you’ve been injured and would like to speak to an attorney about filing a claim and navigating the legal system on your behalf, please contact JMG Law Firm today.

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Creating Your Child Custody Agreement – Parenting Plan

Wed, 27 Jan 2021 10:00:00 GMT

Photo by CDC on Unsplash

Divorcing your spouse when you have minor children comes with a lot of moving parts. Not only are you tasked with what to do with your own life after the divorce, but you have to decide the changes you are going to make in your child’s life, as well. Creating your child custody agreement will provide them with structure, security, and safety.

A parenting plan encompasses how your children will be supported and who will be caring for them. It’s understandably a hard task for some parents because both want to spend as much time as possible with their children but agreeing is what’s best for your children.

Before you can get to the court accepting your parenting plan as an official document in your divorce, you need to know your options. It’s important to know what you are petitioning for and the rights you will have within your custody agreement.

Types of Custody

Sole Legal Custody

Sole legal custody gives you the legal right to be the only decision-maker regarding your children’s upbringing. It gives you the right to be the only person to make legal decisions on behalf of your children until they reach legal age. The decisions you will have full control over include: extracurricular, education, religion, and non-emergency healthcare. It is important to note that having sole legal custody does not guarantee you will have sole control over where your children live (primary physical custody).

Joint Legal Custody

Joint legal custody splits the decisions on your children’s well-being between both parents. The major decisions of extracurricular, education, religion, and non-emergency healthcare are to be discussed together between both parties. However, if they cannot come to an agreement, then one parent will have tie-breaking authority. It is meant for parents who are both able, willing, and available to make important decisions regarding their children. Assuming there are no legal reasons why both parents cannot care for them, joint legal custody is presumed to be in the best interests of your children. It gives both parents a say in their children’s lives but it is not uncommon for parents to share legal custody but not physical custody.

Primary Physical Custody

Primary physical custody refers to the amount of time each parent spends with their children. With primary physical custody, you would have your children the majority of the time while their other parent will typically have regularly scheduled visitation. This would give you more responsibility for your children since they will primarily be in your care. When deciding to request primary physical custody, you have to take into consideration how much time you have to devote to your children and the kind of life they will have living alone with you.

Joint Physical Custody

Joint physical custody splits the time you have with your children equally. This agreement works best when both parents are able and willing to as involved as possible with the daily aspects of raising their children. This gives you both a say when it comes to living arrangements. Joint physical custody works best when parents live a reasonable distance apart so the children can easily attend school when in each parent’s care. This custody arrangement is usually awarded when it is most beneficial for the children to have both parents in their lives.

The decision of which type of custody you want depends on many factors. Your relationship with your ex and how they treated your children while you were together is a huge determining factor for you and the court. You should also take into account that the court looks into the best interest of the child in determining custody.

Agreeing with your ex is not always possible and, in those cases, the court will ask you both to submit a plan separately. Letting the court decide might not have the result you are hoping for, which is why we advocate for concluding beforehand.

If you are ready to talk to a lawyer regarding your divorce and creating a parenting plan that best fits you and your children, contact JMG Law Firm today.

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New Presidency – Ready to End Cruelty and Restore Dignity to Immigrants

Thu, 14 Jan 2021 21:41:00 GMT

By: Lalitha Alladi, Esq.

All eyes will be focused on Inauguration Day. With the far right’s domestic ambush on the Capitol during the formal electoral vote count earlier this month, the country will be watching closely to see what the 46 ^th President of the United States will do in his first few weeks. While on the campaign trail, candidates set forth several goals. In this campaign, President-Elect Joe Biden had vowed to dismantle President Trump’s sweeping changes made to the immigration system. In his election speech at the Democratic National Convention, he stated, “If I’m elected president, we’re going to immediately end Trump’s assault on the dignity of immigrant communities.” He further said he will put an end to separating families, restore the asylum system, and put an end to the building of the border wall. However, since President Trump has undertaken more than 400 executive actions in immigration, realists predict that not all of it can be undone within just four years of presidency.

Biden’s upcoming administration recognizes that dignity must be restored to immigrants even in the detention centers. At present, children have been separated from their parents, many of whom have not even been given a toothbrush or soap. Several detainees have died due to lack of adequate care and many detention centers have turned a blind eye to necessary COVID-19 safety protocols. The new administration recognizes that America is built on the backs of immigrants and that the immigration policy must reflect the “highest values as a nation.”

Biden’s Immigration Plan

Although Biden’s intentions are to make immediate immigration changes within the first 100 days, they may not have the desired consequences if implemented that quickly. Some of these changes may need to take the full four-year term, if not longer.

DACA

Within his first day, he plans to provide comprehensive legislation to provide a pathway to citizenship for DREAMers who are part of the DACA Program (Deferred Action for Childhood Arrivals). His ultimate goal is to make this program permanent since President Trump has tried to rescind this program.

Muslim Ban

Biden plans to “immediately” withdraw the Muslim Ban. This ban restricted those from some Muslim majority countries from traveling and/or immigrating to the United States.

Separating Families

Biden’s plan includes reversing the Trump Administration’s policy that separates parents from children as an intimidation tactic and will prioritize reunification.

Asylum

Biden wants to handle asylum applications efficiently and end the necessity to apply for asylum from within the foreign country as this allows, persecutors, like cartels, to continue to harm and kill those applying for asylum. Unfortunately, the court backlog on asylum cases is so large, that even if they stopped taking more asylum cases, it would take more than four years just to adjudicate the currently pending cases!

Public Charge

Biden plans to put an end to the Public Charge Final Rule that was enforced as of February 2020 as this has been considered more of a wealth test. Instead, Biden proposes that we revert to the old guidelines whereby Form I-864, Affidavit of Support, would be sufficient and eliminate the need for Form I-944, Declaration of Self Sufficiency.

Although Biden has had to roll back on the speed at which some of these changes will occur, we are moving in the right direction whereby the Statue of Liberty may continue to greet immigrants who include the persecuted, those yearning to breathe free, or the qualified skilled workers prepared to seek the American Dream.

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