by Jim Browne | Jan 9, 2015 | Immigration, Legal Matters Discussed
Thousands of migrants die each year crossing the U.S. border – sometimes even before reaching it. The deserts, seas and criminal activity cause most of the deaths, leaving family and friends on each side of the border grieving their loved ones. [Read more here from the NY Times.]
Frequently Latinos pay “Coyotes,” rather than an Immigration Attorney, thousands of dollars for the dangerous trips, risking life and legal penalties for undocumented crossings. The Coyotes don’t guarantee the trips, so if they fail, the migrant must pay the Coyote thousands of dollars to try again.
But there may be better ways to cross the border. Safer and more cost-efficient ways, recognized by U.S. immigration laws. Goodin Abernathy LLP provides cost effective immigration services. Contact us for a free telephone or in person immigration consultation – in Spanish or English.
Goodin Abernathy regularly handles I-130 applications where U.S. citizens or legal permanent residents may sponsor relatives for family immigrant visas. The U.S. Citizenship and Immigration Services I-130 petition process permits documented U.S. immigrants to request lawful immigration for their loved ones – avoiding the risks posed by Coyotes or undocumented crossing.
Goodin Abernathy also helps immigrants with the U-visa. Individuals who previously lived in the United States and were victims of certain crimes and helped in the investigation of those crimes may qualify for the U-visa although they no longer live in the United States. Applying for the U-visa while abroad allows the crime-victim to re-enter the United States with legal status which can lead to legal permanent residency and eventually citizenship.
Many undocumented immigrants face Human Trafficking problems where, as part of the assistance offered for illegal entry, they are then bound to ongoing work or criminal activity. The U.S. government recognizes severe forms of Human Trafficking as: 1- sex trafficking where commercial sex acts are induced by force, fraud or coercion, or where a people under that age of 18 are forced to perform sex acts; 2 – the recruitment, harboring, transportation, provision or obtaining a person for labor services through the use of force, fraud or coercion for the purpose of subjecting humans to involuntary servitude, peonage, debt bondage or slavery.
Goodin Abernathy’s immigration attorneys carefully review opportunities of all sorts – working to identify the best, safest and most cost efficient plan for opening the doors to a future living in the U.S. Call and speak directly with attorney Jim Browne with your immigration questions!
by admin | Nov 21, 2014 | Legal Matters Discussed, Personal Injury
Yesterday the President and Secretary of the Department of Homeland Security announced the expansion of deferred action to those who came into the United States as young people and those who are parents of citizens and permanent residents. These affect Indiana immigrants, so what are the new requirements? I was told I didn’t qualify for DACA- what about now?
DACA (Deferred Action for Childhood Arrivals) –
1) They will remove the age requirement – so people of any age who entered the U.S. before age 16 will be able to apply.
2) Now instead of showing presence since June 15, 2007, you only need to show presence since January 1, 2010.
3) The benefits of DACA will last 3 years instead of 2 years.
So if you entered the US before age 16 and have been here since January 1, 2010 but someone said you did not qualify, you should contact us, and we can review the facts of your case again.
DA for Parents
Also the Deferred Action Program will extend to:
1) Those who already have children who are residents or citizens,
2) Who have been here since January 1, 2010,
3) Who have no legal status today, and
4) Who have no criminal or immigration record that makes them a priority for deportation. (More on that in the next post).
They will have to apply to immigration, pass a criminal background check, and pay the immigration costs $465. The benefits of deferred action will last 3 years.
If you think you might qualify, do not hesitate to contact us! 317-574-3090
by admin | Nov 20, 2014 | Immigration, Legal Matters Discussed
President Obama’s immigration changes will affect Hispanics across the country, including Indiana. The move will finally promote practical solutions for undocumented immigrants living in our communities – solutions for illegal aliens working beside us in manufacturing, construction, farming, service industries, janitorial sectors, kitchens and health care facilities. (See WSJ article here.) Obama’s announcement looks to prevent deportation that will affect millions of immigrants- some being actively deported or living under threat of deportation. His move will also likely expand opportunities for families under the Dreamer program known as Deferred Action or DACA.
Politically, the action is a partisan flash point. But it is long overdue since Indiana and the country have waited because of a political stalemate too long. Both Republicans and Democrats maintain respectable concerns on the broad issues of border protection, national security and homeland welfare. We have lived under this floating tension for too long. To begin with, our Melting Pot society was developed by immigrants. The country’s legal, economic and social systems were installed by immigrants seeking a fair, cohesive society. More recently, even Republican Presidents broadened opportunities for undocumented immigrants. In 1986 the U.S. Congress and President Reagan enacted changes to protect family units by offering relief for both spouses and children of those covered by new laws. President H.W. Bush took similar measures to protect families in 1989. Going back to the World War II era, American presidents took executive action to initiate the controversial Bracero Program where Mexican laborers were authorized to provide work and support our country’s infrastructure.
Nationalism is healthy. It’s natural and understandable. As a country that will always have borders, patriotism is necessary. But it is also necessary to be mindful of the moral and ethical considerations attached to immigration issues; mindful of the historical benefits produced by immigrants; mindful that immigration issues will always affect our country – they are not going to disappear.
Goodin Abernathy and Legalmente Hablando Indy passionately serve the Indiana immigrant population with our legal services. Attorney Jim Browne is the product of America’s immigration process. Attorney Emma Mahern is married to an immigrant. Our immigration services provide dependable, cost effective legal help across Indiana and we applaud the President’s efforts addressing these issues.
by Jim Browne | Nov 20, 2014 | Immigration, Legal Matters Discussed, Personal Injury
There are many (including me!) who are excited for the announcement by President Obama tonight about executive action on immigration. Although several news networks are reporting more details, nothing is official yet. The best way to know the details of the program is to see the announcement at 8:00 pm when they will transmit on several TV stations and online. While we await the announcement many want to know what they can do to prepare.
We have prepared a list of 5 things you SHOULD do and 5 things NOT to do to prepare:
YOU SHOULD:
1) Stay informed by reliable news networks and watch the president’s announcement tonight at 8:00 pm.
2) Begin to collect and organize your personal documents-if you think that maybe you will be able to benefit under the program announced by the President, you should take steps to secure your important documents.
Examples of important documents are records of school, work and tax records, medical records, rental agreement, mortgage, copies of bills for gas, electricity, water, telephone. Save any document that has your name, date, and shows your presence here–mail that has come over the years, information from purchase or money transfers, or other personal records.
3) Start saving money-we do not know what would be the fee with immigration services to apply for benefits-but we know that there will be a cost. Start saving money to be prepared!
4) Obtain identification-if you do not have a photo ID– such as a passport from your country of origin or a consular identification (e.g. a Matricula for Mexicans) you must take steps to obtain one. Based on experience not having a photo ID can delay any immigration process.
5) Start to organize information in your own mind–making a list of important dates (like when you arrived, when you left the country, dates you’ve had contact with immigration, etc.) and a list of addresses where you have lived. We do not know exactly what they will ask in the application for experience often these questions are the hardest to answer for clients. If you think you will need to talk to friends or family to get this information can begin to gather this information.
DO NOT:
1) Put your trust anyone who says that has contact with immigration officials and can begin the process now. Nobody knows exactly what the president will say tonight, and after tonight we will not yet have the details of how and when you can apply. Do not pay anyone before the program details are clear.
2) Arrange anything with anyone who is a “notary” and not an attorney or agent approved by immigration. We have seen many sad cases where the work of someone who does not know all the risks takes steps that result in bad consequences for the client that are difficult to fix.
3) Put yourself in situations that could result in arrest. Through reports and experience we know that you will see requirements connected with your criminal record. Try not to jeopardize that if you can help!
4) Lying or providing false documents to immigration or your lawyer-that can cause more problems than it solves. Please openly discuss with your lawyer about any criminal or immigration problem that you had BEFORE starting any process with immigration because this information is important to resolve your situation.
5) Do NOT hesitate to contact us with your questions! We are forever grateful to serve the Hispanic community. Call us at 317-574-3090.
by admin | Nov 14, 2014 | Immigration, Legal Matters Discussed
Yesterday, November 13, 2014 several news networks posted information obtained from sources in the capital. Here are the most important developments today (photo courtesy of MSN/AP Wire):
1) The New York Times newspaper reported that it had information that the Obama administration will extend deferred action to include people who have children who are citizens or residents. It is also considering giving some benefit to farm workers, according to the article.
2) The network FOX News reported that it obtained a copy of a “10-point plan.” The 10 points include deferred action for parents of children who are residents or citizens, extending the provisional waivers for spouses and children of permanent residents, and make changes to the Secure Communities program that connects fingerprint system of local police and officers immigration. For now the document is only identified as proposed.
3) There were reports that perhaps the President could take action before November 21; But Univision is reporting a source in the White House has said the President’s plans are not yet finalized.
Keep yourself informed through this site. Give us a Like on Facebook to follow our website and get the latest news from the actions of Obama on immigration.
by Jim Browne | Oct 24, 2014 | Legal Matters Discussed, News Around Indy
How do they celebrate Day of the Dead in Indy?
Take a look at this video from local channel Fox 59 Indianapolis. (And this one from Telemundo).
Our good friends at NOPAL Cultural Center and The Eiteljorg Museum present a day of festivities, alters, offerings, dance, music and much more scheduled for this Saturday, October 25, 2014 at the museum from 11:00am-4:00pm (located at the corner of Washington and West Streets. The goal of the event is to promote the Mexican tradition with the whole Indianapolis community.
How do you celebrate Day of the Dead in your family? Tell us in the comments below.
by admin | Oct 20, 2014 | Auto Accidents, Legal Matters Discussed, Personal Injury
Halloween is right around the corner. So, as you are selecting Halloween costumes and planning your route, please keep in mind the following safety tips so you and your loved ones can avoid personal injury and automobile accidents:
- Avoid using costumes that have trailing or flammable materials. (See the National Fire Protection Association’s website for other fire prevention tips.)
- When walking in costume, make sure you or your child can see out of any mask well or remove completely in between stops to avoid slipping and falling and to avoid automobile accidents.
- Carry a flashlight and/or use reflective pieces of clothing.
- Always use crosswalks and try to only cross at 4-way stops to avoid traffic.
- Walk in groups with at least one adult in neighborhoods you know and trust.
Goodin Abernathy wishes everyone a safe and Happy Halloween.
by Christopher Clark | May 25, 2014 | Legal Matters Discussed
Dram Shop laws allow for those injured by drunk drivers to seek redress against the bars or persons who furnished the alcohol under certain circumstances. Indiana’s Dram Shop law can be found at Indiana Code section 7.1-5-10-15(a). Specifically, the Dram Shop Act prohibits the furnishing of an alcoholic beverage to an intoxicated person, provided the person furnishing the alcoholic beverage knows the other person is intoxicated.
The Dram Shop Act represents a legislative judgment and the declared public policy of this state that providers of alcoholic beverages should be liable for the reasonably foreseeable consequences of knowingly serving visibly intoxicated persons.
In the recent Indiana Court of Appeals decision entitled, Pierson v. Service America Corporation, a young girl was killed and her friend seriously injured when they were struck by a vehicle driven by Trenton Gaff as he was leaving an Indianapolis Colts Football game.
Evidence revealed that Gaff drank beer before, during, and after the Colts game. He then drove and killed the Plaintiff and injured her friend as they were walking down the street. A lawsuit was filed against the vendor who was responsible for selling beer to Gaff at Lucas Oil Stadium. The vendor, in this case, uses hundreds of volunteers to sell beer at the games with portions of the proceeds going to their organization. Plaintiffs could not identify the actual person who sold the beer to Gaff. Vendor filed a motion for summary judgment and prevailed at the trial court because the Plaintiffs could not prove that the person who served Gaff had actual knowledge that he was intoxicated.
The Indiana Court of Appeals reversed the trial court’s decision. Evidence showed that Gaff had blood alcohol content (BAC) of .20 at around 8:00 p.m. that evening. An expert said that Gaff’s BAC would have been much less than that if the witnesses’ claims that Gaff had “only a few beers” were accurate. The Court of Appeals found that summary judgment was inappropriate even though the evidence was unclear as to who actually served him, how many drinks were served, and at what point Gaff would have exhibited signs of intoxication.
This decision could be considered a loosening of the high threshold required to prove Dram Shop liability in Indiana.
If you or a family member have been injured by a drunk or impaired driver and you have questions about who is at fault, contact the attorneys at Goodin Abernathy LLP for a free, no obligation consultation.
Goodin Abernathy LLP: Where to turn for sound advice and solid representation.
Get advice. Get GA.
by admin | Feb 25, 2014 | Legal Matters Discussed, Personal Injury
Even though Indiana is currently experiencing ANOTHER snow fall, the weather forecast next week shows temperatures in the 40’s and 50’s. While this is a much welcome relief, it also means that drivers will be able to increase their speeds, and more pedestrians will be out and about obtaining some much needed fresh air.
According to the National Highway Traffic Safety Administration, pedestrian deaths account for between 11-14% of all traffic crashes in the U.S. See Traffic Safety Facts, available at the National Highway Traffic Safety Administrations‘s website.
Let’s all enjoy the upcoming weather, while being mindful of increased pedestrians.
by Jim Goodin | Feb 7, 2014 | Auto Accidents, Legal Matters Discussed, Motorcycle Accidents, Truck Accidents
While watching local media coverage of the recent snowstorms, we saw a truck driver tell a local television reporter that “he was driving his semi on the interstate and only going 45 mph when his trailer began to fishtail, and he ultimately jackknifed.” The truck driver told the reporter that this must be a “freak accident.” The very next scene showed an interview of the Indiana State Trooper who was involved in investigating and responding to the jackknifed semi-trailer. The trooper was obviously angry and explained to the reporter that he had just written a very expensive ticket to the truck driver, as driving 45 mph down on ice and snow-covered interstate in the middle of whiteout conditions was certainly traveling too fast for the conditions. In the Trooper’s opinion, had the truck driver been going 20-25 mph, this truck accident never would have occurred.
When you’re driving a motor vehicle in the state of Indiana, there is no such thing as a freak auto accident. Drivers of vehicles, whether they be semi-tractor/trailers or passenger cars, have a legal obligation to maintain their vehicle under control at all times and drive at a speed appropriate for whatever conditions are present on the road. In this particular case it sounds as though the driver and his employer are going to be held responsible for a massive traffic tie-up and are fortunate that they aren’t going to be held responsible for serious injury or death caused by this truck driver operating his vehicle at an unsafe speed.
