118 entries

Category: Ask a Lawyer

H-1B Visas, Caps and Scams

Q.I recently returned to the United States on an H-1B visa but I was not issued an arrival-departure record (I-94 card). Do I need to worry about this?A. As of April 30, 2013, U.S. Customs and Border Protection (“CBP”) has transitioned to an automated, electronic system and ...

Court Appointed Lawyer

Q Would it be better for my case if I hired a real attorney?A Since most of my practice is court-appointed criminal defense, I occasionally hear this question. I feel like a public defender. Since San Mateo County doesn’t have a formal public defender’s office, I am ...

Divorce and Immigration

Scam Alert: The U.S. Citizenship and Immigration Services (USCIS) has issued a warning advising of a telephone scam targeting USCIS customers. Scammers are using new technology referred to as “Caller ID spoofing” to display a false phone number in the recipient’s caller ID information. The scammer pretends ...

Escaping Jury Service

Q Explain the jury service process and if called upon, how can we avoid it?A I just finished a jury trial last week. The trial was notable for the number of prospective jurors who requested to be excused for hardships. Jury service is the only obligation of citizenship that ...

Same Sex Marriage and Immigration

Q How does the Supreme Court’s recent ruling on same sex marriage impact immigration law?A On June 26, 2013 the U.S. Supreme Court held that the Defense of Marriage Act (DOMA) is unconstitutional. The court’s rejection of DOMA has wide-ranging implications and means that visa ...

Donor Parenthood

Q What is the Jason Patric Law and how did it come to pass?A A bill being considered in the California House (HB 115) would allow courts to consider the option of legal parenthood for sperm donors under a greater number of conditions than is currently available. This would ...

A Price to Pay

Q How does the Comprehensive Immigration Reform Bill (The Bill) affect H-1B and L-1 staffed companies? A The Bill, introduced by Senator Chuck Schumer and seven bipartisan colleagues from the Senate (known as the Gang of Eight) on April 17, 2013 has some glaring issues, which will affect Indian IT ...

Disclosing Grandfather’s Old Watch

I am going through a divorce. Do I have to disclose all the worldly assets I have? In other words, do I have to disclose the old watch I got from my Grandfather? The underlying concern and objective is always the same: one party feels the asset belongs to him ...

Defending Sexual Crimes

Q The December 2012 rape of the college student on a bus in New Delhi spurred Indian lawmakers to institute harsher punishments for rape. Could you comment on the criminal defense of rape and sexual offenders here in the United States?  A From a criminal defense perspective, at least ...

Status Exemptions and Waivers

Q I am currently in the United States on an H-4 dependent spouse visa. I am interested in starting my own printing business. Since the printing will be done entirely from India, I do not believe that I will be in violation of my H-4 status. Is that an accurate ...
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