As she stared at the computer screen she could not believe her eyes. Her shock changed to tears of joy that poured down her face and clouded her vision. Imagine, Natasha from RussWinning the immigration lotteryia living in Westchester, New York! This fantasy just became a reality as Natasha struggled to comprehend that she was one of the lucky Green Card Lottery winners! Next stop, law school at Pace Law School in White Plains, NY.

Holding the winning lotto ticket is the ultimate American Dream and thought to be the key to making all your dreams come true. In May, 50,000 individuals will be winners of a different type of lottery: the Green Card Lottery, or Diversity Visa Program. True to its name, the purpose of this lottery is to ensure that the individuals who immigrate to the U.S. represent various countries. Countries eligible to participate in the Green Card Lottery are chosen based on data that is calculated for the past five years; and natives from countries that have low immigration numbers qualify for the lottery. The qualifications are simple. An applicant:

  • must apply during specified dates, usually in October;

Even before running for President of the United States, Donald Trump was known to be controversial and unpredictable. Mr. Trump’s unpredictability and controversial nature became more evident during his presidency campaign and even more so with actions taken under his capacity as U.S. President. One of his radical and/or unexpected actions as POTUS (President of the United States) includes the ban on Muslim countries, and most recently, the sweeping dismissal of 46 U.S. attorneys.

One such attorney was Preet Bharara, the US Attorney for the Southern District of New York (SDNY), appointed by President Obama in 2009. Mr. Bharara was good at his job, being described as the Zeus of the SDNY. Cases he prosecuted involved terrorism, international crime networks, drug traffickers, cybercrime, financial crimes, including Ponzi schemes, and insider trading. As such, people might question the decision to “dismiss” Mr. Bharara and similar United States Attorneys.

However, a new presidential administration requesting resignation of US Attorneys is common, and has happened in our nation’s history previously. Yet, it has to be asked whether there is a method to madness by the Trump administration.

The following is a true story:

At 8:33a on April 25th 2014, Courtney Ann Stanford posted on Facebook: “The happy song makes me HAPPY!”  Friends and family also state she was posting selfies.

This would be Courtney’s last post, and last feeling she expressed.  At 8:34a, one minute after her last FB post, the 32-year-old crossed the median on Business 85 in High Point, NC. She drove head-on into oncoming traffic and collided with a truck. Courtney did not survive the accident. Sadly, her story ended in a human life taken so early because of distracted driving. Courtney’s story is more common than it should be.

Staring at the two lines on the pregnancy test, Monica could feel her heart pounding in her chest.  Overcome with emotion, she screamed with joy.  Finally!  All her dreams come true.  First meeting Louie, now a baby.  Her and her ex-husband had tried for years with no luck conceiving a child.  But everything was different with Louie.

Monica could not wait to tell Louie the good news.  But, that was a conversation that would happen in a far different place than she imagined.  See Louie had a long history of run-ins with the law in Rye, NY, and had spent more of his adult life behind bars.  The drugs and gang always got the best of him when he got out.  

1 marriage, 2 children, 2 convictions and 10 years later.  Monica had relocated to Yonkers NY with her family a few years back.  Being a single mom was never what she imagined.  The tips she earned helped, but barely covered all the household expenses.  Louie wrote frequently, she sent pictures, but at this point the marriage was over.

NEW YORK STATE NO FAULT DIVORCE, DRL 170(7)

Their love story began as only one could that was written by a romance novel author.  At least Jessica thought so.  Shawn was the tall handsome athletic man she had always dreamed of meeting.  And she – the exotic businesswoman from White Plains, NY.  He watched her from afar as she worked out with a personal trainer at the local Dobbs Ferry, NY gym.  After a whirlwind romance that included live bands and homemade meals  they decided to build a life together and start a family.

She signed for a quaint fixer-upper home at the end of a cul-de-sac with a park in Bronxville, New York.  But just as quickly as their romance blossomed, it seemed to die out. 

How could this happen?  Life is not supposed to crumble before your eyes. After a few conversations where Shawn admitted he could care less, the reality of the situation came down to one word.  DIVORCE.  But what was the next step?  She would need to find the best Westchester County divorce attorney. Or should she do the divorce herself?

President Trump’s administration recently released a new set of immigration orders that has sparked concerns of massive deportation. This is a legitimate concern given drastic and unexpected effect of Donald Trump’s first executive order in which he banned travel and entry into the United States from seven majority-Muslim countries. However, the new executive order is claimed to be a tighter version of the first one and massive deportations is not its goal, stated White House press secretary, Sean Spicer when plainly asked that question. In fact, it is said that Trump’s new immigration order will not impact green card holders. Really??

Recent events show otherwise. Recent events show that anyone is fair game and that Immigration and Customs Enforcement (ICE) agents are everywhere and cracking down on both documented and undocumented immigrants. I.C.E. has 20,000 employees and has hundreds of offices across the U.S. and the Trump administration has called to add an additional 10,000 employees.

The crackdown. Consider some examples of the unstable and volatile immigration atmosphere. In Virginia, ICE agents waited for illegal immigrants to exit a church who had gone inside to stay warm from the cold weather. In Colorado and Texas undocumented foreigners were hunted down when I.C.E. agents actively went into courthouses looking for such individuals who were there for unrelated hearings. Trump’s massive immigration round up is unbiased and has resulted in the detainment of 161 people with felony and misdemeanor convictions and those with no criminal history.

Can A Police Officer Write A Ticket If He Did Not See The Incident?

It happens more often than you think. If it has not happened to you, you probably know someone who it has happened to:

Monique works in Hastings-on-the-Hudson, New York. After a long day at work, she is driving home to Mt. Vernon, NY. Monique is a good driver and has never received a traffic ticket. Driving south on the Saw Mill River Parkway, Monique quickly checks her rearview mirror. Her eyes dart back to the parkway just in time to see the Honda Civic in front of her at a dead stop. Unable to stop in time, she barrels into the rear of the Honda with a deafening “BANG!” After the initial shock of the collision she looks for the other driver and his passengers. Thankfully neither she nor the driver or passengers in the Honda are seriously injured. The Yonkers police are called and the officer issues Monique a traffic ticket for following too closely (VTL § 1129-a). Not fair! The officer was not there when the accident happened. Can he issue Monique a ticket for a traffic infraction he did not witness?

These are excellent questions and why you should consult a knowledgeable traffic ticket lawyer if you received a traffic violation from a police officer who did not witness the alleged incident. At The Claro Law Firm, we will fight your ticket and fill you in on your rights, which can be the difference of having your ticket dismissed or accruing points to your driving history. The traffic ticket attorneys at The Claro Law Firm know what law firms who do not concentrate in traffic law do not know: a police officer cannot write a motorist a traffic ticket for a violation that was committed outside his presence. The law says that in order for an officer to have authority to issue a motorist a traffic ticket, the violation must have been committed in the officer’s presence. Even so, police officers often write tickets for following too closely or for an unsafe lane change (VTL § 1128-a) after they are called to the scene of an accident. However, if the offense you are charge with was not committed in the police officer’s presence, this can be a basis for having your traffic ticket dismissed. The questions, however, remains: “Is this the best way to handle my ticket?”

Traffic tickets are unexpected and can be confusing, and like mosquitos, they can be annoying. They can blemish a clean driving record or be the nail in the coffin for a driver with points on his driver’s license. The looming question every driver asks who has received a traffic infraction or traffic violation is, how do I make a traffic ticket go away?

The truth is, every rarely will a traffic offense “go away,” but there are different ways to handle a traffic violation. Some ways involve going to court and others avoid court altogether. The ways to resolve a traffic ticket in New York State are:

  • To plead guilty

Will a Yonkers, NY DWI affect my permanent residence in the United States? Will a misdemeanor charge out of Manhattan, NY affect my green card status? Many people lawful permanent resident or green card holder ask such questions. They wonder and worry whether certain crimes or charges will affect their US resident status. The good news is that not all crimes and charges will, but some do.

A DUI and DWI is among the long and complicated list of deportable offenses found in the immigration law. However, it is and is not a deportable offense. Here is why. One or more DUI by itself does not mean automatic deportation. But, if coupled with aggravating factors, then it can qualify as a deportable charge. Driving with a suspended license, Driving Under the Influence and getting into accident and injury occurred, or having a child in the car at the time of the offense are examples of aggravating factors.

The U.S. Citizenship and Immigration Services (USCIS) can consider a DUI or DWI charge with aggravating factors a crime of moral turpitude (CMT). A CMT that carries a possible prison sentence of one year or more and was committed within five years of admission into the US, by itself is enough to constitute a deportable offense.

Employer-sponsored Temporary U.S. Work Visa

Emilia is a successful owner of a 5-star Peruvian restaurant in Port Chester, NY located in Westchester County. Her world famous head chef, Toby, studied under a renowned Peruvian master chef and has encountered an unexpected event. He will not be able to work for one year or more. What is Emilia to do? Its not like she can find another chef to replace Toby in the Yellow Pages. Toby has special qualifications and finding a suitable U.S. replacement will be difficult, if not nearly impossible. A temporary U.S. work visa (H2B) may be the perfect solution for Emilia.

An employer-sponsored temporary US work visa, H2B (H-2B), is one of six of the H visas. The H visas are appropriate for a situation where an employer has a temporary U.S. job and cannot find a suitable or qualified US employee fill the position. In this case, the employer will locate a willing, able and qualified foreign national for the position and will petition for him or her to come to U.S. to work temporarily. The five other H visas are: H1B (H-1B), H1C (H-1C), H2A (H-2A), H3 (H-3) and H4 (H-4).

In particular, the H2B visa is a non-immigrant visa for a foreign worker who will be employed with a temporary or seasonal non-agricultural job in the US.