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International treaties complicate handling of asylum seekers

U.S. policies on immigration become more confusing for Nebraskans every day, particularly for those seeking asylum or who know someone who is. While the current president of the United States reportedly wants to require Central American asylum seekers at the southern border to wait in Mexico while U.S. courts deliberate their status, the established laws would make that extremely difficult, if not impossible. 

Typically, those applying affirmatively for asylum in the United States do not even submit a form to that effect until after they arrive in the country; the law allows them up to one year following arrival in the U.S. to apply to Citizenship and Immigration Services. According to reports, the current president wishes to change this process and prevent asylum seekers from entering the United States at all until after approval of their applications. 

Property division does not need to be evenly split

If you are considering divorce in Nebraska, you may be assuming that everything is automatically split down the middle, fifty-fifty. However, unlike the movies lead you to believe, that is not the way it works in most states. At Monzón, Guerra & Associates, Attorneys At Law, our experienced team focuses on obtaining the best outcome for you.

According to FindLaw, when it comes to property laws, Nebraska is an equitable distribution state. Whereas community property states split assets down the middle, Nebraska courts divide property in a manner they consider fair. An in-depth discovery process uncovers which property, assets and debt are considered marital property and which are not.

How can I establish paternity?

When you father a child, you want to be in that child's life and have the full legal rights a father should have under Nebraska law. However, if you were not married to the mother when the child was born or prior to that, you have to establish your paternal rights through the legal system. It can be simple to do or more difficult, depending on your relationship with the mother.

According to the State of Nebraska Judicial Branch, to establish paternity, you first must ensure you are within the legal parameters. You must file in the county where you live and the child must have lived in the state since birth or for at least six months. In addition, the child must be younger than four years old.

Can a sober person fail a field sobriety test?

If you get pulled over and you are asked to perform a field sobriety test, you might assume that if you hadn’t had anything to drink, you have nothing to worry about. However, you and other Nebraska residents should understand what a field sobriety test entails, which could shed light on how you might fail one of these tests, despite being sober.

According to FindLaw, the standardized field sobriety test consists of a battery of actions you would be asked to perform by the roadside. These tests were designed to give law enforcement officers a clue as to whether drivers are intoxicated. They consist of the one-leg stand, the walk-and-turn and the horizontal gaze nystagmus test. Additionally, officers would be looking for physical signs of impairment, such as red eyes, halting speech, alcohol on the breath and difficulty walking.

Reminders for handling an interaction with immigration officials

With the ever-changing climate of immigration law and policy in the United States, it can be worrisome for non-citizens to think about how to interact with law enforcement in regard to your immigration status. For non-citizens living in Nebraska, there are some important considerations to keep in mind if an immigration or other law enforcement officer approaches you.

While the state of immigration policy is still fluctuating in the current administration, you still hold legal and constitutional rights even as a non-citizen. It is understandable to worry about interacting with law enforcement, but implementing a proactive strategy can help lessen some of these concerns.

What is the length of the DUI look-back window in Nebraska?

There are many ways that drunk driving laws vary from state to state. This includes in what look-back window is in place.

What is the look-back window? This is the window of time that is looked at when determining how many past DUIs a person has for sentencing purposes.

Student visa requirements

People who live in Nebraska and know someone from another country who wants to come and study in the United States will want to ensure the visitors know abou the right type of visa they will want to apply for. As explained by the United States Department of State Bureau of Consular Affairs, there are actually two different classifications of student visas.

One student visa is an M visa and may be available to those persons wanting to participate in vocational training programs in the U.S. The other type of student visa is the F visa. This may be used by young elementary or high school foreign exchange students or college and university students. Persons wanting to attend religious training schools such as seminaries or to pursue special music education at a conservatory may also apply for an F visa.

Three charged with murder, fourth defendant sought

Situations in Nebraska in which a person ends up being shot and dying can often include a complex series of events and facts. Such appears to be the case in the death of a woman in Lincoln at the end of July that has now led to three men being arrested for and charged with her murder. Reports from 1011 Now indicate that a search is continuing for a fourth person believed to have been involved in the woman's death.

The home where the woman was found after having been shot is said to have been the location of a failed break-in the night before she died. Law enforcement officers are reported to have found a significant sum of cash, pot edible products and marijuana at the home. The presence of these items and the approximately $85,000 in cash may have precipitated the attempted break-in. Four persons are said to have tried to enter the home.

How can we tell our preschooler about divorce?

If you are the parent of a preschool-aged child in Nebraska and you and your spouse have decided to separate or get divorced, it is important for you to know how to communicate this change to your child. You will want to do this in a way that reassures your child and makes them feel safe and loved. The way to talk about divorce with a child who is three or four is very different than the way to talk with a child who is seven, eight or older.

As explained by Today's Parent, you should ensure that your conversations focus on your child's concrete reality. Discuss with them who will pick them up from school, who will read them a bedtime story and other related things. The more directly you can relate things to their world, the better they will understand what you are telling them. It can also be helpful at this time to maintain as much consistency in your child's schedule as possible.

Recent raid results in claims of mistreatment

People in Nebraska who are from other nations and in the United States legally or even illegally should always expect they will be treated fairly. Basic human rights should be granted to these people at all times and it is these lack of rights in their home countries that led many of them come to the U.S. in the first place. America is a land that touts the extension of fair treatment to all. 

It seems, however, that some immigrants in Nebraska have been experienced the distinct lack of fair treatment. As reported by the Omaha World-Herald, immigration raids were conducted across multiple cities in the state recently and now U.S. Immigrations and Customs Enforcement finds itself facing allegations of the denial of many basic human rights to some of the immigrants involved in these raids.

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Monzón, Guerra & Associates, Attorneys at Law
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