About wanilaw

WANI & ASSOCIATES, P.C provides quality legal services in immigration, personal injury, family law, bankruptcy, international trade, corporation and wills to residents of Washington, DC metropolitan area including, Virginia, Maryland, Fairfax County, Arlington, Alexandria, Falls Church, Woodbridge, VA; Montgomery County and Prince Georges County, MD and District of Columbia as well as international clients from the Middle East including Dubai, Kuwait, Qatar, Abu Dhabi, Iran, Jordan, Egypt, Lebanon, Morocco, Syria, Saudi Arabia, Iran and Iraq, from South Asian countries like Pakistan, India, Bangladesh, Nepal and Sri Lanka, from Latin America including El Salvador, Nicaragua, Honduras, Guatemala, Peru, Bolivia, Argentina, Brazil, Mexico and Colombia, United Kingdom and Europe.For personal and attentive service call Wani & Associates at 703-556-6626 You need a lawyer who has experience in handling the case like yours. We have over 25 years legal experience. If you are a potential immigrant or are already in the United States, an immigration lawyer Fairfax can help you find successful answers to many of the legal issues that foreign citizens face. Please contact Wani & Associates for a free consultation. We can be reached by telephone, fax, or by filling out the client intake form.

ASYLUM Particular Social Group

Aside

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 AcostaValdiviezo-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 4th 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
8229 Boone Blvd, Suite 210
Vienna, VA 22182
(T): 703-556-6626

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

Apply for a USA Visa

US Travels

 

Apply for a USA Visa

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.
  1. Duration: The initial period is two years, but can be extended after every two years for indefinite period.
  1. 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.
  1. 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.
  1. 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
  1. 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 16th 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.

 

How to get a small business loan after Bankruptcy?

Get a Small Business Loan after BankruptcyBankruptcy can affect your business devastatingly, but it does not mean that you cannot make a fresh start. But before you think of getting a loan, always think through the consequences i.e. you will personally be responsible to pay debts if your business fails again and as well you will not be eligible to file a bankruptcy again. So it is always wise to access the reasons that have caused financial downfall in the past in order to avoid them in future. Here are some tips by following which you can improvise your chances of getting a loan after Bankruptcy:-

  • Rather than contacting influential and distinguished banks, contact community banks as the authoritative banks through their automatic screening process will deny you immediately after considering your credit score.
  • Try to establish contact with the banks which specialize in small business lending or you can also negotiate with regional non-profit investment funds through the personnel of economic development department, as these agencies grant loans to small businesses in low-income areas.
  • Before you contact any of the potential lenders, make sure that you have a streamlined and well-defined business plan for presenting them.
  • Your chance of getting a loan increases, if you are able to show your lenders that your debts are running minimum since bankruptcy. Show them the evidence in form of statements; showing your mortage or rent payments, vehicle instalments etc.
  • In order to get your loan approved; show your lender that you have consistent income since bankruptcy and with this income you will able to repay the debt.
  • Attach a brief explanation of the reason that leads to the bankruptcy with your loan proposal i.e. whether it is a divorce, auto accident, chronic illness or major trauma injury. This information may help the lender to determine your eligibility for the loan.
  • Try to locate lenders who specialize in small business loans and seek information about their terms and conditions. Your local chamber of commerce may also suggest you the names of lenders who provide such loans.
  • Seek the help of a friend, colleague or a family member with good credit score. If they agree to co-sign a loan guarantee for you; it is definitely going to enhance your chances.
  • Ask for a smaller loan amount initially and gradually work your way up to a larger sum i.e. after you have made positive and consistent earning records.
  • While filing a business loan application with a bank; always present a viable business plan along with it. Because your business plan is the most crucial element for the bank to choose you as a viable candidate.

 

If you have any queries regarding filing bankruptcy and its pros and cons; Contact to Wani & Associates P.C. Our compassionate and acknowledged attorneys through their incessant services and efforts will assist you to resolve any of your bankruptcy related issues

DIP (Debtor–In-Possession) Financing

What is DIP (Debtor–In-Possession) Financing and how is it beneficial for distressed businesses or companies?

Debtor-In-Possession Financing or DIP Financing is offered to the companies when they file for Chapter 11 bankruptcy under the US bankruptcy code. Moreover, it provides the distressed businesses with the cash flow or financial resources that they need to meet business expenses and as well help them to turn up quickly from the bankruptcy.

What do we mean by DIP Financing or Debtor-In-Possession Financing?

DIP Financing is a special kind of funding granted to the companies under financial crisis and as well under Chapter 11 bankruptcy process. It is also unique from other financing processes because of its superiority over existing debts, equity and other claims. It gives financially distressed companies a chance to make a new start but under the restricted terms and conditions.

What are the benefits of DIP Financing to the companies facing financial crisis?

DIP Financing resolves myriad of the purposes of the debtors including:

  • Allows the debtors to operate during the Chapter 11 bankruptcy
  • Provides protection to the pre-petition lenders as well for their outstanding debt
  • Helps to keep positive cash flow and operations up and running
  • Provides time to the companies to resolve their issues with their stakeholders, lenders and purchasers
  • Enables the companies to take advantage of market opportunities
  • Assists in meticulous liquidation of  few or all the assets of a debtor
  • Lessens the risk of delinquent debt
  • Provides companies a platform to grow and  as well offers substantial flexibility
  • Re-establishes suppliers’ and customers’ confidence and faith in the company by providing uninterrupted services to the customers and meeting the obligations of the suppliers
  •  Provides funds to the companies to work out a resolution with the lenders before going to the court, thus  helping the debtors to appear in bankruptcy court with  a pre-packaged settlement
  • Crucial to difficult restructuring process as it accelerates the cash flow.
  • If managed  and executed properly DIP Financing can result in rejuvenilled  business and reduced percentage of debt in the balance sheet

Contact Wani and Associates P.C., if your business is facing any economical or financial crises. Our experienced and acknowledged team will lend you diligent support and advice to help you to turnaround your distressed business.