The Virginia Law Blog - By Livesay & Myers, P.C.

Navnit Mohan Jasani Arrested On Charges Of Purchasing Untaxed Cigarettes In Stafford

noreply@blogger.com (Jim Livesay) — Sat, 12 Dec 2009 10:42:00 +0000

The operator of a North Stafford convenience store was arrested Thursday for allegedly purchasing untaxed cigarettes from an undercover Stafford detective, according to a Free-Lance Star article.

Navnit Mohan Jasani, 30, who runs the Onville Kwik Stop on Garrisonville Road, is charged with two counts of receiving stolen property, racketeering, conspiracy and two counts of cigarette tax evasion.

He was indicted this week by a Stafford grand jury and arrested Thursday at the store, Sheriff's spokesman Bill Kennedy said.

According to Kennedy, Detective Todd Nosal met several times with Jasani between July 20 and Aug. 5 of last year. Nosal allegedly portrayed himself as a trafficker of untaxed cigarettes.

Kennedy said Jasani expressed interest in buying the cigarettes, and on Aug. 6 purchased 2,400 packs--valued at $4,320--from Nosal.

Police said Jasani sold the cigarettes at his store and was able to pocket larger profits because of the cigarettes' untaxed status.

On March 30 of this year, Nosal and Jasani struck a deal for more contraband cigarettes. After some price haggling, Jasani ordered 1,200 packs of Marlboro Lights and 600 packs of Marlboro Mediums for $4,320.

He later also purchased $5,400 worth of Newports, Kennedy said.

Kennedy would not say where Nosal got the cigarettes, but the sales took place during the same time the Sheriff's Office and other agencies were conducting a major probe into contraband cigarettes.

About 30 people were charged as the result of that 14-month investigation that also involved guns, drugs and an alleged murder-for-hire scheme.

Police said more than $8 million in cash, 40 fire- arms and drugs--including 32,000 hits of ecstasy--were given to undercover detectives in exchange for 388,000 cartons of cigarettes.

The cigarettes, valued at more than $77 million, were then resold elsewhere, primarily New York.

Given the nature of the charges against him of receiving stolen property, racketeering, conspiracy and cigarette tax evasion, Mr. Jasani will require specialized and aggressive legal defense.

The criminal defense lawyers at Livesay & Myers, P.C. represent clients throughout Stafford County and Northern Virginia. If you or a loved one have been charged with such an offense, contact us to schedule your free consultation with a Virginia criminal defense attorney today.

Alison Mars Charged In Double Slashing

noreply@blogger.com (Jim Livesay) — Wed, 02 Dec 2009 20:12:00 +0000

Alison Mars was charged with two felonies Tuesday after she allegedly slashed two men she accused of stealing money from her, according to a Free-Lance Star article.

The incident occurred about 12:50 p.m. in the 1200 block of Kenmore Avenue, city police spokeswoman Natatia Bledsoe said. A 21-year-old Spotsylvania man reported that he was visiting his child’s mother when his 26-year-old uncle arrived to pick him up.

Ms. Mars, a 44-year-old Fredericksburg woman and grandmother of the child, allegedly stormed into the kitchen and accused the two men of stealing a large amount of cash from her bedroom. Ms. Mars then pulled out a knife and started swinging, according to Bledsoe.

After cutting both men, Bledsoe said, Ms. Mars threw the knife on the ground. One of the victims grabbed it, and they ran out of the home and called police.

The younger victim had his wrist “gouged,” Bledsoe said. He was treated at the scene but did not require hospitalization. The uncle suffered two lacerations and was also treated at the scene.

Alison Mars was charged with two counts of aggravated assault. She was placed in the Rappahannock Regional Jail.

The money that was supposedly missing was not recovered, Bledsoe said. The victims did not have it on them when police arrived. Police took custody of the knife.

Under Virginia law, the aggravated assault charges against Ms. Mars will likely carry significant maximum punishments. She would be well advised to (a) retain the services of experienced defense counsel and (b) make no statements to law enforcement prior to meeting with her attorney.

The criminal defense lawyers at Livesay & Myers, P.C. represent clients throughout Fredericksburg, Spotsylvania and surrounding areas on assault charges. If you or a loved one have been charged with a crime, contact us to schedule your free consultation with a Virginia criminal defense attorney today.

Two Men Hurt In Gainesville Car Accident

noreply@blogger.com (Jim Livesay) — Wed, 02 Dec 2009 20:03:00 +0000

Two men were injured in a head-on crash Tuesday night in Gainesville, Virginia, according to an InsideNoVA.com article.

Police were called to Catharpin Road and Heathcote Boulevard about 8 p.m. for the collision involving a 1997 Chrysler and a 1997 Saturn.

The Chrysler driver, 21-year-old Robert Garland Kern of Gainesville was ejected from his car, said Prince William County police spokeswoman Erika Hernandez. He was flown by helicopter to an area trauma center.

Police said Kern was speeding south on Catharpin Road when he lost control of his car and crossed into the northbound lanes, hitting the Saturn driven by a 60-year-old Gainesville man. That victim was taken to a local hospital with injuries that did not appear to be life-threatening, Hernandez said.

If Mr. Kern is found to have been at fault in the accident, then the driver of the Saturn would have a strong claim for personal injury compensation from Mr. Kern's insurance company.

Police charged Mr. Kern with reckless driving and said speed was a factor in the crash; it would thus appear that Mr. Kern may indeed have been at fault in causing the accident.

We wish for a speedy recovery for both men injured in this crash.

If you or a loved one have been involved in an automobile accident, please contact us to schedule your free consultation with an experienced Virginia personal injury attorney. Our lawyers represent clients injured in car accidents throughout Northern Virginia, including Stafford County, Virginia.

Jose Miguel Melendez Arrested On Child Sexual Assault Charges

noreply@blogger.com (Jim Livesay) — Thu, 26 Nov 2009 01:36:00 +0000

Jose Miguel Melendez faces sex crimes charges after two girls told police he assaulted them in separate incidents beginning 10 years ago, according to an InsideNoVA.com article.

The alleged assaults all occurred in the Manassas area between 1999 and 2001, said Prince William police spokeswoman Erika Hernandez.

The girls, who were age 3 and 6 when the alleged assaults began, reported the incidents to police November 12, said Hernandez.

After police were notified, investigators from the Crimes Against Children Unit began looking into the allegations.

On Monday, police charged Mr. Melendez, 40, of Rockville, Maryland, with two counts of forcible sodomy, two counts of aggravated sexual battery and two counts of taking indecent liberties with a child.

Mr. Melendez is being held without bond and is scheduled to appear in Juvenile and Domestic Relations Court.

The charges against Mr. Singer carry severe maximum punishments under Virginia law. Individuals facing such charges require specialized and aggressive legal defense.

The sex crimes defense lawyers at Livesay & Myers, P.C. represent clients throughout Prince William County and Manassas, Virginia on sex crimes charges. If you or a loved one have been charged with a sexual offense, contact us to schedule your free consultation with a Virginia sex crimes defense attorney today.

Timothy Tolson Arrested In Connection With Thefts At Fredericksburg VRE Lots

noreply@blogger.com (Jim Livesay) — Sat, 21 Nov 2009 14:29:00 +0000

Timothy Tolson was arrested in connection with a rash of thefts from vehicles parked in lots near the downtown Fredericksburg train station, according to a Free-Lance Star article.

Mr. Tolson, 19, of Fredericksburg was arrested and charged with 11 counts of larceny with the intent to distribute, petit larceny, obtaining money through false pretenses, and vandalism, according to Natatia Bledsoe, Fredericksburg Police Department spokeswoman.

A handful of Virginia Railway Express passengers returning to their cars on the evenings of Monday, November 9, and Tuesday, November 17, found their vehicle windows had been smashed and items including GPS devices were missing from their cars.

Two additional suspects have been identified, Bledsoe said, but no charges have been filed yet.

One suspect is a juvenile, and both are from the Fredericksburg area, she said.

The charges against Mr. Tolson of larceny with the intent to distribute, petit larceny, obtaining money through false pretenses, and vandalism carry severe maximum punishments. Individuals facing such charges require specialized and aggressive legal defense.

The larceny defense lawyers at Livesay & Myers, P.C. represent clients throughout Richmond and Northern Virginia, including Manassas, Woodbridge, and all of Prince William County on grand larceny and related charges. If you or a loved one have been charged with grand larceny or a similar offense, contact us to schedule your free consultation with a Virginia larceny defense attorney today.

Cap Count for H-1B, H-2B and H-3 Workers for Fiscal Year 2010

noreply@blogger.com (Jim Livesay) — Fri, 20 Nov 2009 20:30:00 +0000

What is a "Cap"?
The word "Cap" used in this Update refers to annual numerical limitations set by Congress on certain nonimmigrant visa classifications, e.g., H-1B and H-2B. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular nonimmigrant classification. Caps also control the number of aliens already in the United States that may be authorized to change status to a cap-subject classification. The annual numerical limitations generally do not apply to persons who have already been counted against the cap in a particular nonimmigrant classification and are seeking to extend their stay in that classification.

H-1B
The H-1B visa program is used by some U.S.employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor's degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will be performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

H-1B Employer Exemptions
H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.

H-1B Advanced Degree Exemption
The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers with a Master's or higher level degree from a U.S. academic institution. For each fiscal year, 20,000 beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily exempted from the cap.

Duplicate H-1B Petitions Filed Requesting Fiscal Year 2010 Employment
USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered. If multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition. The petitions will not be returned to the petitioner.

Fiscal Year H-1B Cap Count
As of November 13, 2009, approximately 55,600 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H-1B1
An H-1B1 is a national of Chile or Singapore coming to the United States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor's degree or higher (or equivalent) in the specific specialty. The combined statutory limit is 6,800 per year. The cap for H-1B1 for FY2010 had not been reached as of November 17, 2009.

H-2B
The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. As of FY 2010, an H-2B petition may not be filed more than 120 days before the date of the actual need for the H-2B worker's labor/services identified on the labor certification. As a result, USCIS normally begins receiving H-2B petitions with employment start dates in October and April.

What is the H-2B numerical limit set by Congress?
The H-2B numerical limit set by Congress per fiscal year is 66,000, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the numerical limit. An alien who changes nonimmigrant status to H-2B is counted against the annual H-2B cap.

An estimated 47,000 beneficiary applications is needed to reach the cap of 33,000 each half of the fiscal year, with an allowance for withdrawals, denials and revocations.

As of November 13, 2009, USCIS had approved 20,937 H-2B beneficiaries for the 1st half of Fiscal Year 2010, and another 1,491 applications were pending. Compare that combined amount, 22,428 (beneficiaries approved + beneficiaries pending) to the “beneficiaries target” amount of 47,000.

H-3
The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training) that is not available in their home countries. The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of October 1, 2009, USCIS had not received any petitions requesting this classification in fiscal year 2010.

Contact Us
If you or a loved one require further information about an H-1B or H-2B visa, or any other immigration law matter, please contact us to schedule your initial consultation with an experienced immigration lawyer today. Our immigration law attorneys represent clients in Woodbridge, Manassas, Stafford, Alexandria, Arlington, Fredericksburg, Richmond, Fairfax and all of Northern Virginia, as well as throughout Maryland and the District of Columbia.

ICE Announces 1,000 New Workplace Audits

noreply@blogger.com (Jim Livesay) — Fri, 20 Nov 2009 20:26:00 +0000

"U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure-alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws." ICE, Nov. 19, 2009.

To Dream In America

noreply@blogger.com (Jim Livesay) — Fri, 20 Nov 2009 20:22:00 +0000

"[S]he is as American as the kid of Irish-English heritage who likely sat alongside her in school. She speaks fluent English. She made good grades in school. She hasn't broken a law since she was brought across the border. So, what's to come of her? She says she is giving up her dream of becoming a nurse because she can't get a Social Security card or a driver's license because she is afraid of being deported. Deported from the only country she has known her entire life. Hers is not an isolated case. Each year in the United States some 65,000 'illegal' students graduate high school."

Tulsa World Editorial, Nov. 15, 2009.

December 2009 Visa Bulletin

noreply@blogger.com (Jim Livesay) — Mon, 16 Nov 2009 15:56:00 +0000

The Visa Bulletin for December 2009 is now available. The Department of State (DOS) issues the Visa Bulletin, which summarizes the number of available immigrant visas (green cards) according to preference categories, each month.

The Employment-Based First Preference (EB1) category continues to be current for all countries in the Visa Bulletin for December 2009.

The Employment-Based Second Preference (EB2) category continues to be current for all countries, except India and China. There was no change in the EB2 cutoff dates for China or India, which remained at April 1, 2005 and January 22, 2005, respectively.

Visas remain available in the Employment-Based Third Preference (EB3) category for skilled/professional workers. The EB3 cutoff date for India advanced by 9 days, from April 22, 2001 to May 1, 2001, while the EB3 cutoff date for all other countries remained at June 1, 2002.

Visas also remain available in the new fiscal year in the EB3 “Other Worker” category. The EB3 "Other Worker" cutoff date for India progressed by 9 days, from April 22, 2001 to May 1, 2001, while the cutoff date for all other countries remained at June 1, 2001.

Contact Our Immigration Law Attorneys

If you or a loved one require legal assistance with a family-based or employment-based green card or other immigration law matter, please contact us to schedule your initial consultation with an experienced Virginia immigration lawyer today. Our immigration law attorneys represent clients in Manassas, Woodbridge, Stafford, Alexandria, Arlington, Fredericksburg, Culpeper, Fauquier, Falls Church, Fairfax and all of Northern Virginia, as well as throughout Maryland and the District of Columbia.

Advance Copy Of Interim Final Rule For H-2A Temporary Agricultural Employment

noreply@blogger.com (Jim Livesay) — Mon, 16 Nov 2009 14:30:00 +0000

The Department of Labor is further amending its regulations to extend the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need before January 1, 2010, as established in the H-2A Interim Final Rule (IFR) published on April 16, 2009. The transition period is hereby extended to include all employers with a date of need before June 1, 2010." See FR Doc. 2009-27496 for further information.

If you are an employer or employee requiring assistance with an H-2A visa or any other immigration law matter, please contact us to schedule your initial consultation with an experienced immigration lawyer today. Our immigration law attorneys represent clients in Woodbridge, Manassas, Stafford, Alexandria, Arlington, Fredericksburg, Richmond, Fairfax and all of Northern Virginia, as well as throughout Maryland and the District of Columbia.

Temporary Acceptance of H-1B Petitions Without LCAs

noreply@blogger.com (Jim Livesay) — Wed, 11 Nov 2009 19:04:00 +0000

U.S. Citizenship and Immigration Services (USCIS) has announced a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL).

USCIS has received requests from the public to accept H-1B petition filings that include LCAs that have been filed with DOL but that DOL has not yet certified. Processing delays arising from DOL’s recently implemented “iCERT” system have resulted in increased processing times (beyond 7 days) for certain LCA certifications. Affected employers and beneficiaries have reported being negatively impacted by DOL’s increased processing times which currently delays their ability to file H-1B petitions with USCIS. DOL expects that the current increase in LCA processing times is temporary.

As a public accommodation, USCIS began accepting H-1B petitions filed with uncertified LCAs for a 120-day period. The 120-day period began on November 5, 2009 and runs through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA.

Petitioners who seek to take advantage of this temporary flexibility in the normal filing procedures for H-1B petitions must wait until they receive a request for evidence (RFE) before they submit the DOL-certified LCA to USCIS in support of the H-1B petition. USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE. USCIS will only approve H-1B petitions that include certified LCAs.

If you or a loved one require further information about H-1B visas or any other immigration law matter, please contact us to schedule your initial consultation with an experienced immigration lawyer today. Our immigration law attorneys represent clients in Woodbridge, Manassas, Stafford, Alexandria, Arlington, Fredericksburg, Richmond, Fairfax and all of Northern Virginia, as well as throughout Maryland and the District of Columbia.

Three Arrested For Robbery Of Rite Aid In Stafford County

noreply@blogger.com (Jim Livesay) — Sun, 08 Nov 2009 20:04:00 +0000

Three people from out of the area have been arrested in connection with the Wednesday night armed robbery at a Rite Aid in Stafford County, according to a Free-Lance Star article.

David A. Callison, 22, of Hopewell, Kristyn Renee Murray, 20, of Front Royal and Danielle Nicole Matthews, 20, of Dinwiddie were all arrested in Dinwiddie late Friday night, Stafford Sheriff's spokesman Bill Kennedy said. All three are charged with armed robbery, using a firearm in the commission of a felony and conspiracy to commit robbery. Mr. Callison is also charged with wearing a mask in public.

Detective Chris Cameron's investigation allegedly revealed that the three robbed the store at 1095 International Parkway to get money for drugs and court costs for unrelated cases. They had been at a party in Warrenton prior to the robbery. It is not clear what led police to the suspects, but the key information came from the Dinwiddie Sheriff's Office, Kennedy said.

Two suspects entered the store at 9:10 p.m. One posed as a customer, and the second one came in moments later displaying a handgun. They left in a dark pickup truck with an undisclosed amount of money.

Police initially thought that the suspect whose image was captured on a store surveillance camera was a young man, but she turned out to be a woman, Kennedy said. Police also did not know about the second woman, who was driving the getaway vehicle.

There were two similar robberies in Fauquier within 90 minutes of the Stafford robbery; police are still investigating the possibility that the same suspects were involved.

The pickup truck and the mask used in the Stafford robbery were recovered in Dinwiddie, Kennedy said. All three suspects were being held in Dinwiddie pending transfer to the Rappahannock Regional Jail.

All three individuals face serious criminal charges with severe maximum punishments, and would be well advised to secure representation by experienced criminal defense counsel.

The criminal defense lawyers at Livesay & Myers, P.C. represent clients throughout Northern and Central Virginia, including Fauquier County and Stafford County, Virginia. If you or a loved one have been charged with a crime, contact us to schedule your free consultation with a Virginia criminal defense attorney today.

Richard Dennis Singer Charged With Sexual Assault In Prince William County

noreply@blogger.com (Jim Livesay) — Tue, 03 Nov 2009 01:55:00 +0000

A local businessman faces charges after two 17 year old boys told police he sexually assaulted them, beginning when they were young children, according to an InsideNoVA.com article.

Richard “Dick” Dennis Singer, 62, of Gainesville, Virginia was arrested after the teens, who are related to Singer, reported the alleged abuse to police on September 17, 2009, said Prince William police spokeswoman Erika Hernandez.

Mr. Singer is listed as CEO and President of Singer and Associates, a Manassas-based firm which specializes in the sale of fire and rescue equipment to agencies in Virginia, Maryland and Delaware.

The victims were both 10 years old when the alleged assaults began, said Hernandez, who released the information about the arrest for the first time Monday.

The assaults allegedly took place in Prince William County, but Hernandez could not release how many times the victims were allegedly assaulted.

Mr. Singer is charged with two counts of aggravated sexual battery, one count of forcible battery, and with taking indecent liberties with minor. Mr. Singer was released from the Prince William-Manassas Regional Jail on bond last Thursday.

The charges against Mr. Singer carry severe maximum punishments under Virginia law. Individuals facing such charges require specialized and aggressive legal defense.

The sex crimes defense lawyers at Livesay & Myers, P.C. represent clients throughout Prince William County, including Manassas and Gainesville, Virginia on sex crimes charges. If you or a loved one have been charged with a sexual offense, contact us to schedule your free consultation with a Virginia sex crimes defense attorney today.

Anthony Tyrone Proctor And Two Others Injured In North Stafford Wreck

noreply@blogger.com (Jim Livesay) — Mon, 02 Nov 2009 11:49:00 +0000

A Triangle teen was charged with reckless driving yesterday after a three-vehicle collision on Interstate 95 northbound in North Stafford that left three people injured, according to a Free-Lance Star article.

The 17-year-old was driving a 2004 Ford Explorer when he apparently lost control of it on the rain-slickened on-ramp from eastbound Garrisonville Road at approximately 1 p.m., State Trooper Helmes Jaime said.

The teen apparently over-corrected, and the Explorer spun into the right lane of northbound I-95 where it was struck on the passenger side by a northbound Ryder rental truck driven by 45-year-old Anthony Tyrone Proctor of Fairmount Heights, Maryland, Jaime said.

The rental truck overturned and landed beneath the Garrisonville Road overpass blocking the right and center lanes.

As it rolled, it crossed into the path of a 2001 Honda CR-V driven by 67-year-old Freddie Lee Smith of Dumfries.

The CR-V struck the rental truck and then traveled off the left side of the road and up an embankment, Jaime said.

Three people were taken to local hospitals. Mr. Proctor and the 17-year-old Explorer driver were taken to Stafford Hospital Center. A 16-year-old in the front passenger seat of the Explorer had to be cut out of that vehicle before being flown to Mary Washington Hospital, Jaime said.

Northbound I-95 was closed for about an hour as a result of the wreck.

The teen's charge was for failure to maintain control of the vehicle, Jaime said.

If the 17-year-old is found to have been at fault in the accident, then Mr. Proctor and the family of the 16-year-old would both have strong claims for personal injury compensation from the teenager's insurance company.

The fact that the 17-year-old was charged with reckless driving is a good indicator that he may have been at fault in causing the accident.

We wish for a speedy recovery for all parties injured in this accident.

If you or a loved one have been involved in an automobile accident, please contact us to schedule your free consultation with an experienced Virginia personal injury attorney. Our lawyers represent clients injured in car accidents throughout Northern Virginia, including Stafford County, Virginia.

USCIC Releases "Public Charge" Fact Sheet

noreply@blogger.com (Jim Livesay) — Thu, 29 Oct 2009 18:42:00 +0000

U.S. Citizenship and Immigration Services (USCIS) has released a "Public Charge" fact sheet, which provides the following information regarding the "public charge" ground of inadmissibility and deportation in U.S. immigration law.

Introduction

Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligble to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet seeks to inform non-citizens about public charge determinations and help them to make informed choices about whether to apply for certain public benefits.

Background

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

Immigration and welfare laws have generated some concern about whether a non-citizen may face adverse immigration consequences for having received Federal, state, or local public benefits. Some non-citizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.

Definition of Public Charge

For purposes of determining inadmissibility, agency guidance has, since 1999, defined “public charge” to mean an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

Benefits Subject to Public Charge Consideration

The agency guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and State or local cash assistance programs for income maintenance, often called “General Assistance” programs. Acceptance of these forms of public cash assistance could make a non-citizen inadmissible as a public charge, if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.

In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as part of the public charge analysis of the totality of the circumstances. Short-term insitutionalization for rehabilitation is not subject to public charge consideration.

Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care;
Children's Health Insurance Program (CHIP);
Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs;
Housing benefits;
Child care services;
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP);
Emergency disaster relief;
Foster care and adoption assistance;
Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education;
Job training programs;
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter);
Non cash benefits under TANF such as subsidized child care or transit subsidies;
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination; and
Unemployment compensation is also not considered for public charge purposes.

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for on-going cash assistance for income maintenance, they are not subject to public charge consideration.

Contact Our Immigration Law Attorneys

The immigration lawyers at Livesay & Myers, P.C. represent clients in Manassas, Woodbridge, Stafford, Alexandria, Arlington, Fredericksburg, Fairfax and all of Northern Virginia, as well as throughout Maryland and the District of Columbia.

Sexual Orientation Cited In More Asylum Cases

noreply@blogger.com (Jim Livesay) — Wed, 28 Oct 2009 19:33:00 +0000

More asylum seekers from the Middle East, Africa, Latin America and the Caribbean are citing sexual orientation as reasons for seeking asylum, according to a new story by the Associated Press:

"Since 1994, sexual orientation has been grounds for asylum in the United States. That's when former U.S. Attorney General Janet Reno ruled in a case that persecution based on sexual orientation could be potential grounds for asylum. Until recently, those grounds have been rarely used and such cases represent only a fraction of all asylum cases. But now immigrant and gay activists say more asylum seekers from the Middle East, Africa, Latin America and the Caribbean are citing sexual orientation as reasons for seeking asylum. Activists say the asylum seekers are escaping rape, persecution, violence, and threats of death from places where homosexuality is either outlawed or strongly, socially shunned."

Associated Press, October 27, 2009.

The immigration lawyers at Livesay & Myers, P.C. represent clients in Woodbridge, Manassas, Stafford, Alexandria, Arlington, Fredericksburg, Fairfax and all of Northern Virginia, as well as throughout Maryland and the District of Columbia, in asylum and other immigration law matters.

Steven Weiss and Jeremy Rodriguez Face Weapons Charges In Northern Virginia

noreply@blogger.com (Jim Livesay) — Fri, 23 Oct 2009 11:00:00 +0000

Steven Weiss and Jeremy Rodriguez, two Florida men who police say were driving a stolen car packed with firearms and knives, were arrested Thursday morning on Interstate 95 near Woodbridge, according to an InsideNoVA.com article.

Virginia State Police Trooper M.S. Brown saw a 1997 Pontiac Bonneville traveling north on I-95 in Prince William County at 8:09 a.m. He became suspicious of the actions of the two men inside the car, said Virginia State Police spokeswoman Corinne Geller, and decided to check the license plates.

When they came back as stolen, the trooper thought the men could be armed and dangerous, said Geller.

Brown then called for backup, and at 8:14 a.m. additional police cruisers arrived. Brown turned on his lights and sirens and stopped the car at the 161 mile marker in Fairfax County, said Geller.

The driver, Steven G. Weiss, 22, of Coral Springs, Florida, and the passenger, Jeremy Rodriguez, 20, of Sunrise, Florida, were arrested.

Both were charged with grand larceny and with illegally possessing a concealed weapon.

A joint investigation with Florida authorities is ongoing.

In Virginia, offenses like grand larceny and illegal possession of a concealed weapon carry severe maximum punishments. Individuals facing such charges require specialized and aggressive legal defense.

The criminal defense lawyers at Livesay & Myers, P.C. represent clients throughout Northern Virginia, including Fairfax and Prince William County, Virginia on grand larceny and weapons charges. If you or a loved one have been charged with a serious crime in Northern Virginia, contact us to schedule your free consultation with a Virginia criminal defense attorney today.

Congress Ends the Widow Penalty

noreply@blogger.com (Jennifer Varughese) — Wed, 21 Oct 2009 21:54:00 +0000

Today, the U.S. Senate voted to end what is commonly referred to as the "widow penalty." Under this penalty, if a U.S. Citizen spouse died before being married to his/her spouse for 2 years, any pending green card application for the non-U.S. Citizen would no longer be considered by USCIS. The most dire consequence of such a harsh rule is that it often led to deportation proceedings for the non-U.S. Citizen.

The Senate's action, which is expected to be signed into law by President Obama, will allow the foreign national to file a self-petition for the green card within 2 years of the spouse's death, as long as the individual has not remarried and can prove that the marriage was entered into in good faith. In addition, the law is retroactive and allows any foreign national whose U.S. Citizen spouse died less than two years after the marriage to self-petition, no matter how long ago the spouse died.

The law firm of Livesay & Myers, P.C. handles a large number of marriage-based green card cases. If you think you may benefit from the Senate's action today, contact us to schedule a consultation with an experienced Virginia immigration lawyer.

Three Men Jailed In Caroline Home Invasion

noreply@blogger.com (Jim Livesay) — Wed, 21 Oct 2009 12:27:00 +0000

Ronnie Steven Neff, James Eddie Morrison and Joseph Daniel Hinson are facing charges in a home invasion and attempted robbery in Caroline County in which two women were sexually assaulted and a man was wounded with a crossbow, according to a Free-Lance Star article.

William Cox, one of the victims in the home, was also arrested after authorities found drugs during a search of the home.

Caroline deputies responded to a 911 call about a home invasion in the Rappahannock Academy area of the county Sunday night. When they arrived, two women and two men reported that two masked men armed with guns and another man carrying a crossbow had forced their way into the home, sexually assaulted both women and shot one of the men with the crossbow.

The injured victims were taken to the hospital and have been released, said Caroline Sheriff Tony Lippa.

While deputies were responding to the home invasion, dispatchers reported a traffic accident nearby. Lippa said the suspects in the home invasion crashed while fleeing the scene.

The King George Sheriff's Office and Virginia State Police assisted in the investigation with tracking dogs and tactical support.

One of the suspects was taken into custody that night, Lippa said. A second was found walking along the woods in the Woodford area Monday and arrested, Lippa said.

Lippa said the third suspect was detained Monday evening, with help from the Fredericksburg Police Department.

After securing a search warrant, Caroline investigators seized numerous items as evidence in the case. In one bedroom, they also found $15,000 worth of suspected powder cocaine, $1,000 worth of suspected marijuana and more than $7,000 in cash, Lippa said.

"We do not believe this incident was a random act. We believe the suspects in this case targeted this particular home with the intention of robbing it for drugs or money," he said.

Ronnie Steven Neff, age 26 of Spotsylvania County, James Eddie Morrison, age 29 of Fredericksburg, and Joseph Daniel Hinson, also of Fredericksburg, were arrested on 21 felony counts each. Those charges include armed robbery, possession of a firearm in commission of a felony, forcible sodomy, attempted murder and sexual assault.

All three are being held in the Pamunkey Regional Jail.

William Cox, a resident of the home, was arrested and charged with possession of cocaine with the intent to distribute, possession of marijuana with the intent to distribute and obstructing justice, Lippa said.

All four gentlemen face serious criminal charges with severe maximum punishments, and would be well advised to secure representation by experienced criminal defense counsel.

The criminal defense lawyers at Livesay & Myers, P.C. represent clients throughout Northern and Central Virginia, including Fredericksburg, Spotsylvania and Caroline County, Virginia. If you or a loved one have been charged with a crime, contact us to schedule your free consultation with a Virginia criminal defense attorney today.

USCIS Naturalization Test to Become Fully Implemented

noreply@blogger.com (Jim Livesay) — Wed, 21 Oct 2009 12:23:00 +0000

U.S. Citizenship and Immigration Services (USCIS) is reminding the public that as of October 1, 2009, all citizenship applicants must take the new naturalization test, regardless of when they filed their Application for Naturalization (Form N-400).

“Becoming a United States citizen carries with it extraordinary rights and responsibilities,” said USCIS Director Alejandro Mayorkas. “Our new test captures the meaning of citizenship and is consistent with our values and history as a nation.”

The revised naturalization test will help strengthen integration efforts by emphasizing fundamental concepts of American democracy, basic U.S. history, and the rights and responsibilities of citizenship.

USCIS began administering the new naturalization test October 1, 2008, with two basic objectives – to ensure a uniform test administration nationwide and to develop a civics test that can effectively assess an applicant’s knowledge of U.S. history and government. Up until October 1, 2009, applicants who had filed for naturalization before October 1, 2008, had a choice of taking the old test or the new test. Currently, the overall pass rate for the new test is 91 percent.

If you or a loved one require assistance in applying for citizenship, please contact us to schedule your initial consultation with an experienced Virginia naturalization lawyer today. Our immigration law attorneys represent clients in Woodbridge, Manassas, Stafford, Alexandria, Arlington, Fredericksburg, Culpeper, Fauquier, Warrenton, Fairfax and all of Northern Virginia, as well as throughout Maryland and the District of Columbia.

John Henry Terrell Faces Assault Charge In Manassas

noreply@blogger.com (Jim Livesay) — Mon, 19 Oct 2009 13:50:00 +0000

Nearly eight hours after he allegedly assaulted his mother and then barricaded himself inside her home, John Henry Terrell gave himself up to crisis negotiators, according to an InsideNOVA.com article.

The barricade began at 9:30 a.m. Saturday and forced residents from at least 17 homes in the 8800 block of Teakwood Court, said Prince William police spokeswoman Erika Hernandez.

Police were called to the home in the area for a report of a domestic dispute, said Hernandez.

The mother of Mr. Terrell, age 37, said Terrell assaulted her, Hernandez said.

Hernandez said the man went into his room and refused to come out.

Mr. Terrell's mother was not inside the home while he was inside, and at no time did there appear to be any weapons involved in the incident, said Hernandez.

However, there were reports from the scene that police deployed a specialized robot to the house where the man was hiding inside. In the past, that robot has been used to communicate with people in similar situations, Hernandez said.

Mr. Terrell surrendered to police at 5:21 p.m. Saturday and is charged with domestic assault.

The criminal defense lawyers at Livesay & Myers, P.C. represent clients throughout Prince William County, including Woodbridge and Manassas, Virginia on assault and battery charges. If you or a loved one have been charged with a crime, contact us to schedule your free consultation with a Virginia criminal defense attorney today.

Emily Howell Killed In King George Car Accident

noreply@blogger.com (Jim Livesay) — Mon, 12 Oct 2009 16:25:00 +0000

Emily Howell was killed yesterday in a car accident in King George County, Virginia, according to a Free-Lance Star article.

Virginia State Police responded to the accident just after 7 p.m. at the intersection of State Route 218, Caledon Road, and State Route 694, Lambs Creek Church Road.

According to police, Ms. Howell was entering the intersection in her 1992 Acura Legend from a stop sign and was hit by Corvette traveling east on Caledon Road. The Corvette was being driven by Michael A. Murphy of Waldorf, Maryland.

Ms. Howell, age 34, died at the scene. She was wearing a seat belt.

Ms. Howell's two children, ages 3 and 5, were also in the car and were taken to Mary Washington Hospital with non-life-threatening injuries.

Mr. Murphy was not seriously injured. Like Ms. Howell, he was wearing his seat belt.

Police charged Mr. Murphy with reckless driving.

If Mr. Murphy is found to have been at fault in the accident, then the family of Ms. Howell will have a valid wrongful death claim against Mr. Murphy and his insurance company.

The fact that Mr. Murphy was charged with reckless driving is an indicator that he may have been at fault in causing the accident.

Therefore, the family of Ms. Howell may have a strong wrongful death claim -- however, legal compensation, although intended to balance the harm they have suffered, will never be adequate.

Our hearts go out to Ms. Howell's children and any other surviving family members after this terrible accident-- it is difficult to comprehend the level of their loss, having senselessly lost a young mother to such an accident.

If you or a loved one have been involved in an automobile accident, please contact us to schedule your free consultation with an experienced Virginia personal injury and wrongful death attorney. Our lawyers represent clients injured in car accidents throughout the Fredericksburg and King George areas of Virginia.

Prince William County To Revise Immigration Policy

noreply@blogger.com (Jim Livesay) — Mon, 12 Oct 2009 12:49:00 +0000

Prince William County supervisors are expected to put in place a new directive from Homeland Security that will standardize how 287(g) immigration policies are implemented around the nation, according to an article by InsideNOVA.com.

"[Immigration and Customs Enforcement] has made changes to the Memorandum of Understanding (MOA), terminating the original agreement and requiring execution of a new and revised MOA," state background documents to the board, which will meet to discuss the issue at 2 p.m. on Tuesday, October 13 at the McCoart Administration Building.

Supervisors have to authorize the police chief to sign and execute the new agreement.

The new agreement will not limit the number of officers eligible for 287(g) training and require ICE to give credentials for those who pass the course. It will also require the police department, as well as ICE, to perform background checks, according to the background documents.

The new agreement further states that "ICE must give approval for an immigration arrest where no state or local charges are made [and] ICE must give prior approval of planned operations where immigration enforcement is the sole function." One more revision "provides levels and types of criminal offenses that ICE directs to be a focus, rather [than] pursuing immigration enforcement based on specific charges," according to the background documents.

The cost of the 287(g) program to the county is not expected to change because of the new agreement, "unless additional officers are designated for training," the background documents state.

If you or a loved one require legal assistance with a removal, deportation or other immigration law matter, please contact us to schedule your initial consultation with an experienced Virginia immigration lawyer today. Our immigration law attorneys represent clients in Woodbridge, Manassas and throughout Prince William County, Virginia.

Bruce Edward Brown and Robert Hoffman Face Child Pornography Charges In Manassas

noreply@blogger.com (Jim Livesay) — Sun, 11 Oct 2009 15:37:00 +0000

Bruce Edward Brown of Manassas Park, Virginia was charged with distributing child pornography after police searched his home on September 30, 2009, according to an InsideNOVA.com article.

This is the second arrest in the Manassas area in less than a month stemming from local police officers investigating child pornography.

In early September, the Manassas police cyber crimes unit began an undercover investigation aiming to locate the source of child pornography they believed was being distributed locally over the internet.

During the investigation, Detective D. E. Abbot located a computer at an address in Manassas Park where he believed the pornographic images were originating, said city police Sgt. Tim Neumann.

Manassas and Manassas Park police, with the help of the U.S. Department of Justice Internet Crimes Against Children Task Force, served a search warrant at 114 Morton Court in Manassas Park, Virginia.

There they found several computers containing alleged child pornography, said Neumann.

Mr. Brown, age 51, was charged with distribution of child pornography and possession of child pornography.

Mr. Brown was held without bond and is scheduled to appear in court on November 18, 2009.

Two days before Brown’s arrest, police in Missouri captured 64-year-old Robert V. Hoffman Jr., who a Dumfries police officer said sent him photos of child pornography while he was posing as a 13-year-old boy.

In June, Dumfries police officer John Chapman began exchanging messages over the Internet with Mr. Hoffman, who he said sent him numerous photos of underage boys and girls engaged in various sex acts, according to a Dumfries police press release.

On September 28, 2009, authorities obtained a warrant and searched the Everton, Missouri home of Mr. Hoffman. They found thousands of images of children being sexually abused, according to the Dumfries police press release.

Mr. Hoffman now faces 25 counts of distributing child pornography.

In Virginia, criminal charges such as distributing child pornography and possession of child pornography carry severe maximum punishments. Individuals facing such charges require specialized and aggressive legal defense.

The sex crimes defense lawyers at Livesay & Myers, P.C. represent clients throughout Prince William County, including Woodbridge and Manassas, Virginia on sex crimes charges. If you or a loved one have been charged with a sexual offense, contact us to schedule your free consultation with a Virginia sex crimes defense attorney today.

Cameron Laird Dezorzi Wanted For Alleged Assault And Battery In Manassas

noreply@blogger.com (Jim Livesay) — Sun, 11 Oct 2009 15:23:00 +0000

Cameron Laird Dezorzi is wanted for assault and battery after he allegedly threw objects at and injured another man last month, according to an InsideNOVA.com article.

Mr. Dezorzi, age 24, allegedly injured the other man by throwing objects at him on September 24, 2009, according to Manassas police spokesman Tim Neumann.

Rescue crews were called to treat the other man, who had injuries on his back, finger and foot, said Neumann.

Under Virginia law, the assault and battery charges against Mr. Dezorzi will likely carry significant maximum punishments. He would be well advised to (a) retain the services of experienced defense counsel and (b) turn himself in to police, to deal with these charges.

The criminal defense lawyers at Livesay & Myers, P.C. represent clients throughout Prince William County, including Woodbridge and Manassas, Virginia on assault and battery charges. If you or a loved one have been charged with a crime, contact us to schedule your free consultation with a Virginia criminal defense attorney today.