What is arbitration?
What are the advantages of mediation?
How much will I receive in spousal maintenance?
Do same sex couples have the same legal rights as other couples?
What are the steps of an appeal?
What is Opting Out?
How is litigation involving spouses handled in Arizona?
Is a trial my only option during a divorce?
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Who pays attorney fees in a divorce proceeding?
Should I Get a Job While Going Through My Divorce? Can I Quit My Job?
If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?
Can my ex-spouse see our children if he/she does not pay the court ordered child support?
End Game in the Fight Over Same Sex Marriage?
What is Mediation?
Can I collect my judgment if the other side is appealing?
What do we do with the children once the divorce action is filed?
Can I complete my divorce without a trial?
Can I appeal a dissolution?
What is a Resolution Management Conference?
On February 25, 2015, the U.S. Department of Homeland Security (DHS) published a final rule confirming that certain H-4 spouses will be eligible to apply for U.S. work authorization. The following is an outline of the new...more
President Obama’s immigration executive order provides an opportunity for certain H-4 dependent spouses of H-1B nonimmigrants to obtain employment authorization. Until now, H-4 nonimmigrants were not permitted to work in the...more
Greetings, Court fans!
We're back with breaking news on the certiorari front, along with a summary of one of Wednesday's decisions, Jennings v. Stephens (13-7211), on the application of certain longstanding principles of...more
The following is a guest blog post by Katherine Brady, a Senior Staff Attorney at the Immigrant Legal Resource Center in San Francisco. On November 20, 2014 President Obama announced a new program—Deferred Action for Parental...more
Prior to the Supreme Court’s decision in U.S. v. Windsor in June 2013, in which the Court struck down section 3 of the Defense of Marriage Act (DOMA), same-sex married couples were not allowed to seek a green card on behalf...more
In any child custody proceeding involving Indian children, all parties should understand there are significant legal and procedural requirements that must be met before parental rights to Indian children may be terminated....more
If you are married to a non-U.S. Citizen, estate planning in California is going to be more complex for you than it is for other couples, especially if you have a significant amount of property and assets. However, you do...more
In our last blog post, we discussed estate taxes, federal gift taxes, and how non-citizen spouses are treated differently in the eyes of the law. Unfortunately, while husbands and wives can leave an unlimited amount of money...more
Immigration visas, unlike marriage recognitions, are regulated by the federal government, not the individual states. This means that the Pennsylvania Whitewood decision, albeit groundbreaking on a state level, has no effect...more
In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional...more
The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary...more
The Critical Skills Work Visa is a newly introduced category which will replace the Quota and Exceptional Skills work permits. The role must be listed on the current Critical Skills list, and the applicant must obtain written...more
Generally, a 90-day deadline applies to filing a Motion to Reopen Removal Proceedings after a respondent has been ordered removed. One of the exceptions to this rule allows for the filing of an untimely Motion to Reopen if it...more
On April 7, 2014, the White House made an exciting announcement about a proposal to grant employment authorization to spouses of H-1B workers. The Department of Homeland Security (DHS) has been working on amending its...more
Divorce is an unfortunate reality for many couples. In fact, approximately 41 percent of first marriages and 60 percent of second marriages end in divorce. Divorce is a stressful and unsettling time for anyone, impacting a...more
The process of obtaining a marriage-based green card can be long and fraught with challenges. Married couples seeking to obtain a green card for one of the spouse should keep in mind the following do’s and don’ts when...more
Most people who immigrate through family sponsorship (and a few that immigrate through employment sponsorship) must have a sponsor that agrees to make sure they do not rely on public benefits. This sponsorship is...more
Traditionally, marriage has been defined in the United States and in the state of Utah as a legal relationship between a man and a woman. In 1996, Congress passed the Defense of Marriage Act (DOMA), which allowed states to...more
In Williams v. U.S. Dept. of Homeland Security, the United States Court of Appeals for the Eleventh Circuit reversed the district court's grant of summary judgment and remanded the case, finding that remarriage does not bar...more
On November 5, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision reversing the denial of an adjustment application and holding that the respondent was not required to obtain an employment...more
On November 5, the Illinois legislature voted to pass legislation that legalizes same-sex marriage in Illinois. Gov. Pat Quinn plans to sign the bill into law on November 20, 2013, and effective June 1, 2014, same-sex couples...more
An interview with a U.S. Customs and Immigration Services official is a critical part of the marriage-based green card application process. The USCIS considers the interview to be an opportunity to confirm that the...more
A California professor was one of the first binational couples to have their marriage recognized by federal immigration officials. Although Tom Knutson and his partner Phan Datthuyawat have been together for more than 20...more
The P-1A visa category is reserved for those “internationally recognized” individual athletes or teams that seek to enter the United States temporarily for the sole purpose of performing in a competition, event, or...more
On June 26, 2013, the U.S. Supreme Court ruled in U.S. v. Windsor that Section 3 of the Defense of Marriage Act (“DOMA”), which defined “marriage” as strictly between opposite-sex couples and “spouse” as referring only to a...more
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