SURVIVED FROM CAR ACCIDENT- HAS YOUR CLAIM BEEN DENIED? HOW A PERSONAL INJURY LAWYER CAN HELP?

Insurance companies are quite aggressive when it comes to fighting claims involving personal injury, An Equally Aggressive Personal Injury Lawyers can fight for you.

Insurance companies can deny your claim and the main reason for denial can be anything. Because Insurance companies do this on a regular basis and their profit margins depend on it.  Insurance companies have employees, called insurance claim adjusters; rules and regulations change very shortly and it is important to get the knowledge of recent laws applied in your state, if you are going to claim. That’s the reason things may not happen as per your expectations and you face rejection.  Insurance companies are not your friend and always find a reason to deny the claim, these entities are only dedicated to making profits and as a result they will delay, deny or even diminish the value of your claim in any way they can.

Common Reasons by which you face Claim Denial-

No Fault Coverage–

In No- Fault state of claim, you should be aware of third party immunity. If you are in an auto collision and you live in a state where no fault insurance laws are in effect in most cases, you won’t be able to pursue a personal injury claim against the other driver. In No fault insurance state and third party drivers enjoy immunity from minor injury claims.  No Fault insurance is designed to determine fault of the driver. Serious injury claims are complicated and can’t be handled personally and without help of an Attorney.

Delay in Claimant

Insurance companies provide a certain period of time to file a claim for your personal injury.  Victims don’t always immediately realize the extent of their injuries and fail to get treatment right away; in minor injuries even they skip to file a claim.  If you have any proof of right medical reports you can report an accident and raise a claim in the Insurance Company’s provided time frame.  In New York, a 30 days period is a successful period to file a claim. Delay can make a question mark over your claim and can be denied by the company.  

Expired Policies and Excluded Drivers-

The claim can be denied if the At- Fault driver’s insurance policy is expired. Many people are driving without insurance, these are the drivers who had legitimate insurance coverage at one time but their policies expired when they didn’t pay the premiums- While it’s illegal to drive without insurance. Excluded driver is the one, who is known but has no policy such as your daughter, son, brother etc. They are not going to be covered if you file a claim.

Hiding Details–

May be when an accident occurs, you were not driving the car  and when you signed the insurance policy you didn’t provide a large number of details or made any misrepresentation about your driving records . If you hide any vital details about your vehicle, it really costs dearly when you file a claim. Insurance companies will try to extend your claim to take that information and use it to deny the claim.

All the above denials happen, when you miss to hire a personal injury lawyer, even if you did nothing wrong, still your claim will be denied without an attorney.

When Insurance Company denies your case you feel confused and unsure of what to do next.  If your claim is denied you should review your coverage, circumstances around your accident and collect evidence. Insurance adjusters are the company agents and whenever they find the accident victim has no legal representation; they take advantage of your lack of knowledge. Insurance companies are quite aggressive when it comes to fighting claims involving personal injury. An equally aggressive personal injury lawyer can act on your behalf to hold them accountable.  For the true value of your injury compensation, Personal injury lawyers negotiate and handle communication with Insurance Companies. Act quickly to hire a lawyer before your case gets denied or you face more expenses for your case.  Your Personal Injury Lawyer will give you first consultation free to get the case evaluations. If you have been injured or incurred property damage in an accident you should not delay to make an appointment with your lawyer. Attorney will listen to your story and advise you to fix the problem and restart the case if denied.

Quick Action–

Sometimes accidents can lead to fatalities and traumatic stress. After a serious injury during a car accident, it will take a long time to recover. This is a tough situation to collect you physically as well as emotionally. As a result your claim can take a long time to file when Insurance Companies can deny as they frequently view the delayed evidence or any inaccurate medical record.  If you are not able to claim your case you can communicate to your lawyer by phone. For the denied case experienced lawyer can help to level the playing field in your dealing with insurance companies.

Prove Liabilities for your Injuries–

Most complicated situation comes when you have to pose the impact to prove that other’s lack of care caused your injuries. To pressurize the claim that another car driver has been harmed, your accomplished attorney can build an argument on your behalf also the insurance adjuster will spend a number of days to settle for your insurance. A trusted Attorney can handle your claim and advise you of all legal options, If Insurance Company is rejecting to offer a fair settlement. Your Car accident lawyer will navigate state law as it applies to your case, investigate your accident, review the evidence and learn why your claim was denied.

 Make Impression of Case-

Legal paperwork and professional paperwork is maintained by a Lawyer to maintain the impression by showing the severity of injury. A personal injury lawyer can take a better look at damages related to your case and severity of case. Attorneys have great sense how insurance companies work. The evidence on your side gives a positive result to get a claim.  Attorneys have years of experience working with insurance companies and licensed professionals. Your attorney will save your time and expenses by figuring out how much a claim is worth.

Provide Realistic Strength–

Experienced attorneys have likely dealt with numerous cases just like yours and have a good reputation within the legal community; they will try to defend your rights. To provide the strength and win the case, however the case is settled out of court or in jury, Jury cases are hard and you can’t convince the jury but a skilled attorney will drive the odds in your favor.  Furthermore, insurance companies will act in bad faith to limit your recovery. Experience attorneys prove who is at fault, being on your side he/she will fight for your bodily injury and vehicle damage. They understand your losses and best present your claims by their legal knowledge and litigation experience.

Multiple parties can be involved in an accident and your lawyer will keep your liability above the other parties. The tougher your injuries, the easier it is to link up with your case. Personal injury damage includes your medical bills, out of pocket expenses, lost wages and pain and suffering. Property damage includes cars or any personal items within. Without injury or property damage you can’t claim a case. Your lawyer will investigate, talk to your insured, interview and analyses the property damage. Property damage claims can get easy compensation but injuries compensation has only one choice to file a lawsuit against the other party. To represent you a lawyer is necessary to have a far greater success rate than trying by yourself. If a claim is denied and you involve a lawyer in the case after denial, however, it is a resilient task to move forward your claim but your lawyer will ensure you comply with all procedural requirements and meet critical deadlines. 

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WHAT CAN A PERSONAL INJURY LAWYER DO FOR YOU?

It is common perception that hiring an attorney for an injured person will cost a significant amount but it is not a wise decision, you may intentionally hamper your prospects in the court due to lack of knowledge as attorneys have consequently if you opt for self-representation the impression of case would be entirely wrong. Personal Injury Lawyers give you higher chances of success with your claim. An attorney is a type of civil- litigator who specialize in the area of cases from inception through appeal. They provide legal services to those who claim to have been injured physically. Personal injury lawyers commonly referred to as plaintiffs- alleging physical injury as result of negligence or careless acts by another person or by own, Attorneys are armed with licenses to practice in all facets of law. Attorneys handle cases such as motor vehicle accidents, medical malpractice, workplace accidents, premises liabilities, products liabilities, animal or dog bites, brain, birth, burn and spinal cord injuries etc. Personal injuries can upset anyone and every personal injury claims as unique as the individual and the circumstances involved. 

Personal injury law works with the civil justice system. For a good injury case, if the injury is worse the better will be the case. For example- that result in having surgery, an amputation, brain injury, fractures, tears and injuries need to be 100% related to the accident. Attorneys believe in pre screening to meet with the need of the client to find out the most important facts of the incident, such as witnesses, medical record, any insurance involved.  A lawyer who does personal injury only has a system set up to really add value to your case by complete investigation. They maintain contact with your doctors to stay updated about your injuries. 

Responsibilities of A Personal Injury Lawyer

The broadness of a personal injury as a civil case demands an explanation of the direct duties and responsibilities of the lawyer who can handle it. Personal injury lawyer represents clients who allege that they have suffered an injury as a direct or indirect result of the negligence of an entity or individual; this area of the law is called tort law. A steady rise in personal injury cases increased the need for dedicated and competent personal injury lawyers. For your personal injury what your attorney can do for you is : 

Investigate Claims–

Personal Lawyers perform a number of duties in terms of ethics and their profession. The sole responsibility of a lawyer is to investigate the claims. It is usually a good idea to discuss your situation when a lawyer goes through client counseling, advocacy, legal advice and oral argument. Lawyer will interview you because he/she doesn’t want to be surprised to help you. Prominent lawyers will take upon themselves to finance the case. They will explain the rights of clients and how an accident and various legal issues affect people’s rights. Next the lawyers will get all of your medical records and bills relating to your injury. Your attorney’s investigation of your case will provide a basis for dispute.

Represent Clients in the Court –

Taking a personal injury case to the court is rare, you must ensure that you pick an attorney who is happy to take this.  If you don’t have a lawyer, you will have to wait until you recover sufficiently before going to seek compensation.  Personal injury lawyers are expected to follow strict set principles of legal ethics; however the insurance companies can deny claims. They will underscore the clients. Litigation is a complex process that requires very close adherence to procedures as well as rules of evidence that contact a highly experienced attorney after an accident.  By this way attorneys can file personal injury claims on your behalf.

Prepare & File Pleadings

Pleadings are certain formal documents filed with the court that state partier’s basic position.  In order to bring a lawsuit, your attorney will negotiate with the insurance company on your behalf as well as after a case must be prepared and then file a complaint with the applicable court where your case is venue. Attorneys also help in alternative dispute resolution. From the time that an answer is received on behalf of the defendant, it is then said that “issue has been joined”. In order to place your case on the court’s docket calendar, you need an experienced attorney to interpret the law correctly throughout the process. Your attorney will need to contact you and confirm certain information that may be requested in some of the pleadings.  The suing party files a complaint to start the case and outline the claims against the party sued. 

Handle Important Negotiation

Nobody wants to deal with the frustrating process of negotiation with an insurance company. Insurance companies are tough- especially when it comes to parting with money.  After an accident has occurred and personal injury claims have been filed for negotiating with insurance companies, lawyers have many techniques to heftier compensation. This is one of the most reassuring aspects of hiring a personal injury lawyer. With their expertise they deal with insurance companies and other attorneys. Most victims only consider how their injuries will affect them for the short term, but your attorney will look at how an accident has changed your life on a larger scale. 

Assessing Damages

General damages flow naturally from the defendant’s wrongful action. Personal injury attorneys are the best placed professionals for assessing overall damages. An injured person can seek both general and special damages. Perhaps you slipped or fell in a local store, sustaining minor scrapes or bruises, or found yourself in minor fender- bender resulting in little more than cosmetic vehicle damage. In personal injury damages requires a combination of research, experience and honest assessment. Only you, as an injured person, can know the true value of the case. But when a settlement is valued on a personal injury claim; it is important to keep in mind the ultimate goal is recovery requires compromise.  However, to crack any weaknesses in the facts of the case, you and your attorney should be able to place a value on your case that will lead to a satisfactory settlement. 

 Gather Evidence & Presenting Research

Personal injury lawyers understand in detail what the law requires in terms of proof to establish a claim of negligence or to otherwise press the claims necessary in these types of cases. It is the duty of a personal injury lawyer to gather enough evidence for your case. The evidence should explicitly support your claims as plentiful. As a result they make it easier to gather evidence and present the facts in a coherent way that supports the overall case. Physical evidence can also prove the nature and extent of your injuries. Photographs and medical reports of your injuries also help in establishing the proof of your damages. 

Accidents causing your bodily harm can occur anywhere from the workplace to the street. The best way to deal with this situation is consulting a personal injury lawyer who can professionally handle your case. A lawyer can give you the information and assistance during your claiming process and sort the complicated legal processes that could save your time in required legal procedures.  A trusted advocate handles the legwork and helps to overcome challenges and obstacles. Also the personal injury lawyer can give you peace of mind when you need it most. 

Contact Wani and Associates P.C.,

Personal Injury Attorney, personal injury lawyer, Personal Injury lawyers serving in MD, personal injury lawyers serving in VA, personal injury lawyers serving in Vienna, Responsibilities of Attorney, Virginia Personal Injury Lawyer

Personal Injury Attorney, personal injury lawyer, Personal Injury lawyers serving in MD, personal injury lawyers serving in VA, personal injury lawyers serving in Vienna, Responsibilities of Attorney, Virginia Personal Injury Lawyer

Personal Injury Attorney, personal injury lawyer, Personal Injury lawyers serving in MD, personal injury lawyers serving in VA, personal injury lawyers serving in Vienna, Responsibilities of Attorney, Virginia Personal Injury Lawyer

ASYLUM – Particular Social Group

ASYLUM:

Applying for asylum is one of the main forms of relief in immigration proceedings. In order to be granted asylum in the United States you must be able to demonstrate that you have a “well-founded fear of persecution” in your home country. The persecution you fear can be from the government of your country or from a group that the government is unable or unwilling to control.

However, the persecution you fear must be based on one of five categories. You fear of persecution in your home country must be on account of or due to your religious beliefs, political opinion, nationality, race or your membership in a particular social group. This article focuses solely on the last category, membership in a particular social group

Your social group must be based on an immutable characteristic, be socially visible, and particularly defined meaning that the group is defined in a manner sufficiently distinct and that the group would be recognized in society as a discrete class of persons.

There are a broad range of characteristics that groups of people share, and many are so fundamental to their individual identities that one cannot be expected to change them. Broadly, a particular social group is composed of people with similar backgrounds, social statuses, lineages, experiences, or habits.

For example, tribes or ethnic groups, nuclear family units, social classes, members or former members of the police or military (who may be targeted for assassination), occupational groups, gender, and sexual orientation have been found to constitute particular social groups by the United States government in asylum cases.

In an asylum case, it is necessary to prove that the persecution that one has experienced or fears in the future is directly motivated by your actual or imputed membership in a particular social group. Since the law does not specify exactly what constitutes a particular social group, a United States Asylum Officer or Immigration Judge must often decide this on a case-by-case basis.

On June 11, 2018, US Attorney General Sessions issued a precedent decision limiting Immigration Judges from granting asylum to most applicants who are victims of domestic or gang violence. However, Immigration Judges were also instructed to continue to rule on asylum claims on a case-by-case basis. So, this decision did not to categorically eliminate these claims for asylum.

Since each asylum claim is evaluated on a case-by-case basis, it is important to point out that a recognized particular social group in one country may not be a particular social group in another country. Married women who are abused by their partners in El Salvador, who cannot leave those relationships and cannot obtain help from the police, have been found to be cognizable social group in the past, whereas married women, in say, Germany who are in abusive relationships may not be a particular social group. This is due to the different legal protections and different cultural expectations allowing for very different treatment of abused women in those two countries.

Another important note is that the legal definition and standards associated with the category of membership in a particular social group is so poorly defined that the category is amorphous and malleable. Therefore, an experienced immigration attorney might be able to craft new arguments of why you should be considered a member of a new particular social group.

The lack of clear legal standards in this area also gives Asylum Officers and Immigration Judges great latitude in deciding who can satisfy the definition of membership in a particular social group. Some groups, such as women victims of domestic violence, have recently been more widely recognized. In particular where the asylum applicant suffered a great degree of abuse.

If you apply for asylum, you must submit Form I-589 and all supporting documentation to the USCIS or to an Immigration Judge if you are in removal proceedings. Generally, you must submit your application within one year of your arrival to the United States. Though there are numerous exceptions to this rule.

If you are granted asylum based on membership in a particular social group, you may apply for a green card one year after your application is approved. This is done by filing Form I-485 Application to Register Permanent Residence or to Adjust Status.

The experienced attorneys at Wani and Associates have numerous years of success in pursuing asylum claims, whether before USCIS or Immigration Court. If you believe you qualify for asylum, please call (703) 556-6626 to make an appointment to consult with one of our attorneys.

Social Group for Asylum Purposes

The definition of Social Group has been evolving for a long time now. This undefined term in Immigration has evolved over the time, but now The Advocate General is narrowing the interpretation of the Social Group. The first victim became the “victims of domestic abuse”.

The definition of a “social group,”  for asylum purposes (and withholding of removal purposes) is in flux because of circuit splits and changes in BIA precedent, but in our circuit it has been primed for explanation.

Asylum, a discretionary relief from removal, and withholding of removal, a mandatory ground of relief, both require, to varying degrees of proof, a showing of a fear of harm “on account of” one of the categories enumerated in the Immigration and Naturalization Act (“Act”) along with a government that is not able or willing to control the  persecution.  8 U.S.C. §§ 1158(a), 1101(a)(42)(A); Lopez-Soto v. Ashcroft, 383 F.3d 228, 234 (4th Cir., 2004) .  One such ground, that of the “social group”, which is not defined in the Act, has been defined by the executive branch and the Article III Courts.  Matter of Acosta, 19 I&N Dec. 211, 233 (I & N, 1985).

In 1980 Congress modified the Act to provide asylum on various grounds: including that of persecution with a nexus to a  “social group.”  United States Refugee Act of 1980, Public Law 96-212, 96 Stat 102.  The Board of Immigration Appeals (“BIA” or “Board”) took to defining the term “social group.”  Matter of Acosta, 19 I&N Dec. 211, 233 (I & N, 1985).  In Matter of Acosta, the Board made clear that, because a “social group,” was listed near other immutable characteristics in the Act, such as race or political opinion, the doctrine of ejusdem generis, mandated that to be a “social group”, the characteristic of a approved “social group” must also be immutable or one policy would not ask a person to change to avoid persecution.

After Matter of Acosta, the Board approved several social groups and also disapproved of others, based upon the definition it had given in Matter of Acosta.  Valdiviezo-Galdamez v. Attorney Gen. of the United States, 663 F.3d 582, 595-96 (3rd Cir, 2011) (citing e.g., Matter of Fuentes, 19 I. & N. Dec. 658 (BIA 1988) (former police officers of El Salvador); Matter of Toboso–Alfonso, 20 I. & N. Dec. 819 (BIA 1990) (homosexuals in Cuba); In re H-, 21 I. & N. Dec. 337 (BIA 1996) (familial sub-clan in Somalia); In re FauziyaKasinga, 21 I. & N. Dec. 357 (BIA 1996) (females in the Tchamba–Kunsunto Tribe not yet subjected to female genital manipulation)).

Later the Board, added at least two more requirements to meet the requirements under the act: “particularity” and “social visibility” or “social distinction.”  See Matter of C-A-, 23 I&N Dec. 951, 951 & 959-61 (BIA 2006) (expanding criteria for “social group” and denying asylum to drug informants).  Some circuits met the definition changes with approval. Barrientos v. Holder, 666 F.3d 641, 650 & 652 (10th Cir., 2012) (upholding both requirements);Tay–Chan v. Holder, 699 F.3d 107, 111-12 (1st Cir., 2012) (upholding “social visibility and tacitly upholding “particularity”); Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73 (2nd Cir., 2007) (upholding both requirements); Gaitan v. Holder, 671 F.3d 678, 681 (8th Cir., 2012); Umaña-Ramos v. Holder, 724 F.3d 667, 671 (6th Cir. 2013) (upholding both requirements); Orellana–Monson v. Holder, 685 F.3d 511, 520 (5th. Cir., 2012) (upholding both requirements); Castillo-Arias v. U.S. Atty. Gen., 446 F.3d 1190, 1198 (11th Cir., 2006) (upholding “social visibility and tacitly upholding both requirements).

Other circuits have met the changes with disapproval or only partial approval.  Valdiviezo-Galdamez v. Att’y Gen. of U.S.,663 F.3d 582, 603-09 (3rd Cir. 2011) (disapproving of both requirements);  Gatimi v. Holder, 578 F.3d 611, 615-16 (7th Cir., 2009) (disapproving of  the “social visibility” requirement).

Finally, at least one circuit has declined to decide at all. Pirir-Boc v. Holder, Slip op. p 15, (9th Cir., 2014) (noting that the definition of “social group” is “in flux”).

Even those that disapproved recognized the need to afford the Board’s definition with the deference it is owed as an agency interpreting a statute it has been grated authority to interpret.  See e.g. Valdiviezo-Galdamez,663 F.3d at 603-09;  Gatimi, 578 F.3d at 615-16 (7th Cir., 2009) (citing Chevron v. Natural Resources Defense Council, 467 U.S. 837 (1984)), See also INS v. Cardoza–Fonseca, 480 U.S. 421, 445–50 (1987) (applying Chevron deference to the Board of Immigration Appeals’ interpretations of statues.).

However, the circuits that disapproved have noted that they do not need to give deference when they find the Board’s new definitions incompatible with older Board definitions, and have therefore rejected the new requirements of “particularity” and “social visibility” as being incompatible with Acosta and the intent of the Act.  See e.g.  Valdiviezo-Galdamez,663 F.3d at 603-09; Gatimi, 578 F.3d at 615-16, See also Cardoza-Fonseca, 480 U.S. 421, 446 n. 30 (1987) (less deference owed to BIA when it contradicts long held positions).  Other criticisms of have been that the new requirements do not fit with the intent of the international agreements on asylum, which the statute was meant to execute. See In re W-G-R 26 I&N Dec 208, 220 (BIA 2014) (acknowledging disparity between the guidelines used by the United Nations High Commissioner for Refugees in determining a “social group” under the international agreements and the BIA’s understanding of “social group” after Matter of C-A-).

Notably, as important in this case and to this Court, the fourth circuit has approved of the particularity requirement while expressly reserving on the “social visibility” requirement. Lizama v. Holder, 629 F.3d 440, 447 & FN 4 (4th Cir., 2011); Zelaya v. Holder, 668 F.3d 159, FN 4 (4th Cir., 2012).

However, even if this “social visibility” requirement is later adopted by the fourth circuit (or the Supreme Court), it is still not clear exactly what this social visibility requirement will mean.  In Matter of C-A-, for example, when denying asylum based on a proposed social group of “drug informants” the Board emphasized the importance of ocular (or physical visibility) in defining “social visibility.” Matter of C-A-, 23 I&N Dec. at 960-61.  Oddly however, when faced with a later gang case, the Board retreated and re-framed “social visibility” as “social distinction,” a matter of psycho-social visibility in the country at large rather than physical visibility.  In re M-E-V-G 26 I&N Dec. 227, 246-47 (BIA 2014) (expressly invalidating ocular visibility and re-framing the idea as social “distinction.”    Furthermore, this “social distinction” must now be a distinction from the society at large, not simply the persecutor’s perception. Id. at 243.

Of course, given the fourth circuit’s recent skepticism with the Board’s holdings on social groups, respondent takes the position that, at the very least, “social visibility” is not required in this circuit, and certainly not “visibility” as newly defined by the Board.  See Crespin–valladares v. Holder, 632 F.3d 117, 125-26 (4th Cir., 2011); Cordova v. Holder, Slip Op. p. 12-16 (4th Cir., 2014); Martinez v. Holder,Slip op. p 21 and N. 4 (4th Cir. 2014)[1].  Given this tension, it is more likely than ever that “social groups” in the fourth circuit are primed for broadening.

1. Gang related social groups in asylum/withholding of removal in the BIA and the Fourth Circuit show the fourth circuit’s positive attitude to gang related asylum claims is in tension with the Board’s attitude.

Since adding the “social viability” and “particularity” requirements to the definition of “social group” under the act, the Board (and the courts) has had several opportunities to further clarify those requirements, and to specifically apply them to gang based asylum claims.

Examples of claims based on gang related activity might include current gang members fearing violence from rival gangs, former gang members who fear persecution as retaliation for leaving a gang, family members of current or former gang members fearing violence from rival gangs, those who have refused gang recruitment, those who have become essential witnesses for prosecutions against gang related criminal activity and who fear retaliation, as well as family members of those potential witnesses.

The Boardhas held that people who are merely resistant to gang recruitment lack the necessary “social visibility” to be a cognizable “social group” under the Act as they were not, (under the record the Board had reviewing the case), perceived by society at large to be a distinct group. Matter of E-A-G-, 24 I&N Dec. 591, 594 (I & N, 2008).  The Board similarly rejected those whose families had refused gang membership as failing the “particularity” and the “social visibility” requirements.  Matter of S-E-G24 I&N Dec. 579, 585-88 (I & N, 2008); Matter of M-E-V-G, 26 I&N Dec. 227, 249-51 (2014).  Finally, the Board has, through similar logic, rejected those who were prior gang members fearing retaliation as not being part of a social group.    In re W-G-R-, 26 I&N Dec. 208, 221-23 (I & N, 2014).

Despite these holdings, the Fourth Circuit has distinguished the group of “family members of those who testify against rival gang members” from “those who merely testify against gang members.”  Compare Zelaya v. Holder, 668 F.3d 159, 166 (4th Cir., 2012), (witnesses against gangs)with Crespin–valladares v. Holder, 632 F.3d 117, 125-26 (4th Cir., 2011) (family members of witnesses against gangs).Noting that the former category is largely more “socially visible” than the latter, and that groups based upon family ties have high levels of social visibility, the fourth circuit vacated a BIA denial of asylum based on a social group for those who are family members of people testifying against gang members.  Crespin–valladares, 632 F.3d at 125-26.  The Fourth Circuit also criticized the Board’s opinion that family members of witnesses against gang members are somehow not “particular”-citing precedent that family ties are highly “particular.” Id.

Similarly, when family members who have been part of rival gangs have been persecuted, the Fourth Circuit has indicated it may recognize the group of their family members as a “social group”, and vacated a BIA holding otherwise.  Cordova v. Holder, Slip Op. p. 12-16 (4th Cir., 2014). Finally, in a recent case, the Fourth Circuit, while only expressly finding that prior gang members meet the Acosta “immutability” requirements-strongly hinted in dicta that the fourth circuit was still open to the “former gang member” social group.  Martinez v. Holder, Slip op. p 21 and N. 4

Thus, at least where family members of those targeted by gangs are concerned, (and possibly as to actual former gang members as well), the fourth circuit has been not shy in overruling the BIA to allow asylum claims based on a “social group.”

The tension the Fourth Circuit has held with the BIA over gang based claims, especially over family based claims, shows that whatever the outcome of the definition war over “socail group” the Fourth Circuit will want gang based claims to win in many circumstances.

III. Respondent likely qualifies for asylum or withholding of removal.

Undersigned expects that the respondent will be highly credible, and that the Court will not doubt the conditions in Guatemala and the government’s inability to control the situation there. It is also expected that the Court will find respondents fear is due to threats from the gangs towards her daughter.

The factual predicate in this case therefore, sets up respondent for at least one social group tacitly approved by the fourth circuit: that of family members of those already the targets of gangs.  Martinez v. Holder, Slip op. p 21 and N. 4.  If there is testimony about her family witnessing violence, she is also likely to fit into the 4^th Circuit approved group of family members of gang violence witnesses.  Crespin–valladares, 632 F.3d at 125-26.

When it is time to expand the definition of the Social Group, the Advocate General has decided to narrow its scope.

Contact Wani and Associates P.C. for Social Group for Asylum Purposes.We provide our services throughout Virginia & Maryland.

TYSON’S CORNER, VIRGINIA
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Vienna, VA 22182
(T): 703-556-6626

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8020 New Hampshire Avenue #108
Langley Park, MD 20783
(T): 301-434-1666

Apply for a USA Visa

US Travels

 

On June 26, 2018, the U.S. Supreme Court issued a decision that allows continued implementation of Presidential Proclamation 9645 (P.P.). Certain nationals of Iran, Libya, North Korea, Somalia, Syria, Yemen, and Venezuela are subject to the restrictions and limitations.

As of November 29, 2016, Chinese citizens with 10-year B1, B2 or B1/B2 visas in Peoples’ Republic of China passports are required to update their biographical and other information from their visa application through the Electronic Visa Update System (EVUS) before travelling to the United States. This update must be done every two years, or upon getting a new passport or B1, B2, or B1/B2 visa, whichever occurs first.

EVUS enrollment is available at http://www.EVUS.gov. There is currently no fee for EVUS enrollment. Until a fee is implemented, travelers can enroll in EVUS without charge. The Department of Homeland Security, Customs and Border Protection (CBP) will keep visa holders informed of new information at http://www.cbp.gov/EVUS.

Contact Wani and Associates P.C. for high-quality immigration lawyer services for USA Visa. Our lawyers are experienced in dealing with Visa services. Our acknowledged attorneys through their incessant efforts will assist you with what is better for you. We provide our services throughout Virginia & Maryland.

 

How To Apply For US Tourist Visa (B1/B2)

Have you ever wanted to apply for a US tourist visa, but have been hampered by horror stories of being denied one? Ever wondered what it is the consular officers are looking for in a visa application to actually approve it? Why do very similar (sometimes even identical) applications get different results? Anyone who wants to travel to the United States (US) as a tourist needs to have a valid US tourist or B1/B2 visa to enter the country. Sadly, for most people, applying for a US tourist visa has always been shrouded in mystery and fear — what with all the myths, urban legends and half-truths going around about the visa application process. Rumours of a particular consular officer at a particular window at the embassy who never approves any visa application; or consular officers who base their decisions on their mood for that day, day of the week, or the applicant’s nationality, appearance, etc. make applying for a tourist visa more daunting than it should be. Basic Requirement – Proving Strong Ties We’ll tackle the myths about the visa application process in deeper detail in another article, but for now, I think the more important question in your mind is this: “ How do I qualify for a U.S. tourist visa?” Without the legalese, the important thing to remember is that consular officers decide on visa applications based on this simple question: “ Does the applicant have strong ties to their country of origin?” If you can prove this point to the consular officer interviewing you at the window, he or she will have to issue you that elusive tourist visa.

 

If you have any queries regarding Tourist Visa or Any Type of Visa Contact to Wani & Associates P.C. Our compassionate and acknowledged attorneys through their incessant services and efforts will assist you for high-quality immigration lawyer services for any type of Tourist Visa.

E Visa, Investor visa for the nationals of the treaty Trade countries

United States has trade treaty with many countries.  The Nationals of these countries are eligible for E visa. This visa does not require one million investment as required by the EB-5 visa. Nor does it require hiring of ten US workers. It is helpful for small business.

 

1. Applicability: E-2 Visas are typically targeted towards “business owners, managers, and employees who needs to remain in the U.S. for extended periods of time” to conduct trade or oversee an investment in the U.S. The visa can be used by both the company’s principals, and the employees. Family members (spouses and single, minor children) can enter with the visa holder.

2. Duration: The initial period is two years, but can be extended after every two years for indefinite period.

3. Process: The application must be made at a U.S. Consulate abroad or if the person is already in the United States, can apply for change of status to E visa.

4. Requirements:
   1. A treaty must exist between the U.S. and their country (country list provided below).
   2. Majority ownership or control of the company must be held by the nationals of the other country.
   3. The applying employees and principals must all have the citizenship of that foreign nation.

5. What counts as “substantial trade?”
   1. There is NO minimum dollar value in determining whether trade is substantial.
   2. The trade is measured by:
      1. Volume of trade: flow must be existing, continuous, and numerous
      2. Number of transactions: one large transaction is not enough

• Continued course of trade: commitment to future trade

6. What countries have an E-2 treaty with the U.S.?
   • Argentina
   • Australia
   • Austria
   • Belgium
   • Bolivia
   • Bosnia and Herzegovina
   • Canada
   • Chile
   • China
   • Costa Rica
   • Croatia
   • Estonia
   • Ethiopia
   • Finland
   • France
   • Germany
   • Honduras
   • Iran
   • Ireland
   • Italy
   • Japan
   • Jordan
   • Korea (South)
   • Latvia
   • Liberia
   • Luxembourg
   • Macedonia
   • Mexico
   • Netherlands
   • Norway
   • Oman
   • Pakistan
   • Paraguay
   • Philippines
   • Singapore
   • Slovenia
   • Spain
   • Suriname
   • Sweden
   • Switzerland
   • Thailand
   • Togo
   • Turkey
   • K.
   • Yugoslavia
   • Albania
   • Armenia
   • Azerbaijan
   • Bahrain
   • Bangladesh
   • Bulgaria
   • Cameroon
   • Congo (Brazzaville)
   • Congo (Kinshasa)
   • Czech Republic
   • Ecuador
   • Egypt
   • Georgia
   • Grenada
   • Jamaica
   • Kazakhstan
   • Kyrgyzstan
   • Lithuania
   • Moldova
   • Mongolia
   • Morocco
   • Panama
   • Poland
   • Romania
   • Senegal
   • Slovak Republic
   • Sri Lanka
   • Trinidad & Tobago
   • Tunisia
   • Ukraine

 

Contact Wani and Associates P.C. for high quality immigration lawyer services for Investor Visa. E Visa category is one of the most difficult and expensive categories in terms of gaining eligibility. Our diligent attorneys through their experience and intelligence will guide you through this complicated process and help you to establish your eligibility for E visa.

What can a Personal Injury Attorney do for you after a Hit and Run Case?

Hit and run accidents are not only traumatic but they also are brutal; in the sense, if you are unable to find the convicted driver, many problems begin to arise afterwards. You have to plea court for several times for even a smaller amount of compensation. That is why a personal injury attorney is necessary for and hit and run case. A personal injury attorney can help you in several ways including:

• Proving Liability of Convicted Driver: Even if the convicted driver is caught after a hit and run case, you need to prove it to the court. Moreover, you also need to prove your liability which is a highly technical process requiring good knowledge of law. The personal injury attorney will establish all legal requirements that are necessary to prove the drivers’ responsible for the accident. This becomes all the more important because both the court and insurance companies need to see liability before paying for any compensation.

• Accumulating Supporting Evidences: You need evidences to prove that you are injured in the accident Evidences are also needed to prove the extent of your injuries. Your personal injury attorney will accumulate evidences to support your facts and claims. The evidences he collects will also help to prove how injuries are affecting quality of your life.

• On Time Handling of Issues: If you were injured in the accident, there is every possibility that you might not respond to or complete the necessary footwork because of your temporary or permanent disability. Your personal injury attorney will handle all this for you, including; letters from insurance companies, responding to legal motions and filing documents with courts.

• Encountering Insurance Company Tactics: There is every possibility that you might not find the driver who is responsible for the accident. In such cases, you can get compensation only through the insurance companies. But insurers make every possible effort to make the process as much difficulty as possible. Without a competent attorney you might have to face aggressive insurance representatives, tricky tactics and complex settlements. Your attorney will protect your rights and win you fair compensation by checking insurance companies’ tactics.

• Track down all the Damages: A good attorney will appraise all the damages and ask for good monetary figure as a compensation for what you have gone through. Your personal injury attorney will get you compensation for your medical fees & devices, future treatment, pain and suffering and future income loss as well. Moreover, if you get hold of the responsible driver your personal injury attorney may also get you additional punitive damages.

• Fair Settlement: Most of the hit and run cases are tend to settle outside court, Negotiations with – liable party, its attorney and insurance companies have never been easy. They may trap you into an unfair settlement. But an experienced attorney knows all the tricks used during these negotiations and get your fair compensation that you deserve.

• Get case to Trial: If insurance companies and other parties are involved in your case, it becomes messy and complex. Then your attorney will get your case to trial, because this is the only way left out. An experienced attorney will represent you in the court and fight for your rights and fair compensations even against the mighty and largest opponents.

At Wani and Associates P.C., our personal injury lawyers are experienced in dealing with issues related with personal injury. Our acknowledged attorneys through their incessant efforts will assist you to resolve any of your personal injury related issues.

How can a Personal Injury Attorney Help you?

When you have been involved in an accident, apart from the emotional turmoil and anxiety, you have to deal with a lot more issues like; complications in receiving your claims or refusal of an insurance company to make reasonable offer. So, whether you are involved in an auto-accident, injured on the job or experienced nursing home abuse; an experienced personal injury attorney can help you to untangle all the mess and getting you what actually you deserve. Hiring a professional personal injury attorney, with the knowledge of laws and procedures, will be beneficial for you in the following ways:

• Hiring a personal injury attorney will help you getting a high and accurate insurance settlement. He would provide accurate value of settlement after analyzing your injuries, putting value on your pain and negotiating with the insurance companies. They are the one having the required understanding of all subtleties of your specific case.
• They are familiar with legal procedures involved with litigating or mediating your claim. They help you by filing proper legal documents, completing necessary forms and let you get the right amount form insurance settlement.
• Personal injury attorney helps you in managing you medical bills by ensuring payment by an applicable insurance provider. And moreover, helps preventing bills being sent to a collection agency.
• Once you are represented by a personal injury lawyer; your insurance companies are no longer permitted to contact or bother you. All the negotiations and communications start going through the attorney.
• Personal injury attorney helps you in filing a lawsuit and litigating the claim in courts; if an insurance company refuses to offer a fair compensation.
• Personal injury attorney has the fair knowledge and experience in negotiating outstanding liens or medical bills arising from the accident. He negotiates both ends of amount an injured client receives from settlement; i.e. the amount received in the settlement and the amount of the settlement that must be paid to satisfy outstanding liens and medical bills. This helps to maximize recovery while reducing the amount paid in satisfaction of liens & outstanding bills.
• A personal injury attorney advances the costs associated with claim including; cost of obtaining medical records, filing fees, service fees, evaluation fees of experts, court reporter fees etc. Because of this, clients need not to pay these costs before obtaining recovery.
• Your attorney protects your interests regarding cut-off dates. The cut-off period extinguish your claim if you do not file a required complaint regarding your own insurance provider or third party within relevant statutes of limitation with the appropriate court.
• Being represented by a personal injury attorney helps you access to medical care on a lien basis. They also help to satisfy liens out of the proceeds of a settlement.
• At times, property damage issues arise due to personal injury auto cases. Your personal injury attorney can help you with reimbursement of your collision deductible. Moreover, he can also help you in getting adequate compensation for your total loss.

At Wani and Associates P.C., our personal injury lawyers are experienced in dealing with issues related with personal injury. Our acknowledged attorneys through their incessant efforts will assist you to resolve any of your personal injury related issues.

WHAT YOU NEED TO KNOW ABOUT PRESIDENT OBAMA’S NOVEMBER 20, 2014 IMMIGRATION ACTIONS

Expansion of Childhood arrival Considerations:

ONE part of the November 20 2014 actions was to expansion the Deferred Action for Childhood Arrivals.  Under the President’s new November 2010 executive action, you may qualify for Deferred Action for Childhood Arrivals (“DACA”) and to apply for work authorization if ALL of the following are true:

• You came to US before your 16^th birthday
• You were continually living in the U.S. since January 1, 2010. (Small visits out of the country may be acceptable).
• You were present on June 15, 2012 AND on the date you apply for DACA
• You did not have any lawful status on June 15, 2012
• You are either a) in high school b) have a GED c) have a high school diploma OR d) are an honorably discharged veteran of the coast guard or U.S. armed forces.
• You have not been convicted of a felony, a significant misdemeanor, or there3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

UNDER THE NEW DACA rules, you DO NOT have to be under 31 on June, 15 2012.  Furthermore the work authorization and removal deferral will be three instead of two years, and the start date for continuing residence is 2010 NOT 2007.

 A SECOND part of the November 20 2014 actions was the creation of a new deferred action program for PARENTS and not just children.  This is called Deferred Action for Parental Accountability.  (“DAPA”) You may qualify for deferred action if ALL of the following are true:

• You had, on November 20, 2014 a son or daughter of any age who is a U.S. citizen of Lawful Permanent Resident.
• You were continually living in the U.S. since January 1, 2010. (Small visits out of the country may be acceptable).
• You were present on November, 20 2014 AND on the date you apply for DAPA
• Had no lawful status on November 20, 2014.
• Are not an ENFORCEMENT PRIORITY (see below)
• Present no other factors that in the discretion of the government, make a grant of deferred action inappropriate.

NEW ENFORCEMENT PRIORITY’S as of November 20, 2014 (note even if you do not qualify of r DAPA or DACA, if you are not in the enforcement categories below, the new executive action may benefit you).

 Priority 1: Threats to national security, border security, and public safety. This includes suspected terrorists, people apprehended at the border, intentional gang participants (as well as those who were convicted of a gangrelated offense), and convicted felons (excludes state/local status-related offenses).

Priority 2: Misdemeanants and new immigration violators. This includes people convicted of a “significant misdemeanor” or three or more misdemeanors arising out of three separate schemes (excludes traffic and status-related violations); people who entered unlawfully after January 1, 2014; and people who have “significantly abused” the visa or visa waiver programs.

Priority 3: Other immigration violations. Those who have been issued a final order of removal on or after January 1, 2014.’

Contact Wani and Associates P.C. for any of your immigration related needs and issues. Our acknowledged attorneys with their relentless service and efforts will help to resolve your immigration related issues and save your application from rejection.