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How divorce can affect your immigration status

When it comes to divorce, one of the most concerning aspects can be how it will affect your immigration status. Once you have married a citizen of the United States, you may worry that a divorce will negate your immigration status and limit your options. We at Monzón, Guerra and Associates can work to help you understand your options in Nebraska and the effects that a divorce may have on your legal rights.

 

Lifetime of federal supervised release struck down as punitive

Once inmates have been released, would it be unlawfully punitive to require them to comply with conditional release provisions for the rest of their lives? Yes, at least in the federal system, a three-judge panel ruled this week.

A federal judge had imposed ordering two defendants into lifelong supervised release after their original sentences were shortened. If it was punitive, it was probably meant to be, the Second Circuit found.

Supreme Court rejects passage of citizenship based on parent's sex

To a child born abroad seeking U.S. citizenship, it has traditionally mattered a great deal whether your mother or your father was a citizen of the United States. If your parents weren't married and your mother was a citizen, you could obtain citizenship as long as your mother had, at any time in her life, resided in the U.S. for a year.

In the same situation but where your father was a citizen, you could only derive citizenship from him if:

  • He had resided in the U.S. for 10 years prior to your birth, and
  • He was over the age of 14 for at least five of those years

Haitian immigrants latest to feel uncertainty

The issue of immigration and deportation has dominated the headlines since President Donald Trump began his campaign nearly two years ago. Latin Americans have received the most attention, but immigrants from another Caribbean country could soon feel the heat too. Is there a reason to worry?

Nearly 60,000 Haitian immigrants are currently living in the U.S. as part of a temporary visa program. The federal government allowed Haitians to enter the country following a pair of large earthquakes in 2010 and 2014, but their relief period could soon be up as President Trump enacts new immigration policy. A decision on extending temporary protected status (TPS) for Haitian immigrants is expected soon by the administration, but an extension appears to be uncertain at best.

Don't get caught unaware of what asset forfeiture means for you

If you stand accused of a crime or of being part of a criminal enterprise, law enforcement officials may seize your assets. Government agencies from the local to federal level seize items such as cash, cars and even homes. They often adopt a "seize first, ask questions later" attitude regarding the process. It doesn't matter whether you are guilty or whether you owned certain assets prior to your supposed crime.

If prosecutors fail in their attempts to secure a conviction against you, you would think that you get your property back. More than likely, you will end up surprised by the fact that the government might not want to return your property, and you could face significant challenges in getting it back.

About the immigration memos released by the DHS

The Trump Administration has continued to make good on its process to roll out tougher enforcement of immigration law, primarily by removing the barriers to deportation that were established by Obama-era policies. As immigration attorneys, it's our job to stay abreast of these developments-and we know that keeping you informed is just as important. 

Is a DUI a felony in Nebraska?

Yes.

It is possible to be charged with a felony DUI in Nebraska. As a general rule, your first and second DUI convictions are charged as misdemeanors.

The third time you are arrested and charged with a DUI, you can be charged with either a misdemeanor offense or a felony depending on what BAC you blew at the time of your arrest. If you blew over .15 percent, you will be charged with a Class IIIA Felony. If convicted, you could serve a prison sentence of up to three years in prison.

Are DUI laws the same for commercial drivers?

Whether you are considering applying to become a commercial driver, or you currently hold a commercial driving position, it is important to understand the laws regarding drinking and driving because they differ from standard driving the laws. Tractor-trailer truck drivers, bus drivers, and other commercial drivers are held to a higher standard in the eyes of the law. 

Nebraska DUI: Should I plead 'wet reckless'?

In Nebraska, if you are arrested for the first time on charges of DUI, you have the option to request your Lincoln DUI lawyer ask for a wet reckless plea bargain. What is a wet reckless and what does it mean for your DUI case? Keep reading to find out more information from our Lincoln DUI attorney. 

What to expect during your DMV hearing

If you have been arrested for drunk driving or another DUI offense, it is critical that you contact a Lincoln DUI lawyer who understands the DMV hearing process. This is because many people who are charged with a DUI in Nebraska are not aware that they must schedule a DMV hearing within 10 days of their arrest. If you do not schedule this hearing in time, your driver's license will be automatically suspended after 30 days. To make matters worse, your driver's license will be suspended whether the charges are valid or not. 

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Lincoln, NE 68508

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