Immigration - Lawyer Monthly https://www.lawyer-monthly.com Legal News Magazine Fri, 12 Jul 2024 11:19:08 +0000 en-GB hourly 1 https://wordpress.org/?v=6.6 https://www.lawyer-monthly.com/wp-content/uploads/2022/10/cropped-LM-32x32.png Immigration - Lawyer Monthly https://www.lawyer-monthly.com 32 32 Will the Rwanda bill come into action? https://www.lawyer-monthly.com/2024/04/will-the-rwanda-bill-come-into-action/ https://www.lawyer-monthly.com/2024/04/will-the-rwanda-bill-come-into-action/#respond Tue, 16 Apr 2024 09:21:06 +0000 https://dev.lawyer-monthly.com/2024/04/will-the-rwanda-bill-come-into-action/ Already this year, there have been around 6000 people coming to the UK via small boat. There is roughly 75,000 people recorded who have travelled to the UK by small boat 2 years on from the bill’s announcement.

The Rwanda bill is trying to decrease the incentive for illegal immigrants to travel into the UK and therefore reduce the unsafe modes of transport people choose in their desperation for safety in a new country.

What does the Rwanda bill mean for Asylum seekers and is it safe?

 

When was the Rwanda bill announced?

The bill was first announced by former prime minister, Boris Johnson in 2022 which was known as the 'Migration and Economic partnership' or the 'Rwanda plan'. The aim was to reduce the amount of people who travel to the UK illegally and on unsafe small boats.

The bill would mean that any asylum seekers who come into the UK without documentation will be sent on a one-way flight to Kigali. The government planned that with the possibility of being sent to a third country this would deter people from traveling to the UK.

The bill has not yet had any asylum seekers sent to Rwanda and there is still a wait for the Commons and Lords to pass the bill.

The Times found that the UK government have also approached Costa Rica, Armenia, Ivory Coast and Botswana to create similar deals.

 

The Cost

By the end of 2023, the UK government had paid Rwanda £240m and the total amount over 5 years is likely to reach £370m as predicted by the National Audit Office.

NAO report that up to £150,000 will be sent per person sent to Rwanda through this bill.

The cost of removing one person is around £63,000 more than keeping them in the UK.  As the cost of the Asylum seeker system in the UK is around £4bn per year including £8m for hotel accommodation for people.

This raises the question of why they would stick to this plan when the cost is so great? One argument from Rishi Sunak was stated as the cost to the UK taxpayer for each Asylum seeker.

 

Is Rwanda safe?

This bill means that the UK Government have declared Rwanda a safe country and allowing people to be sent there with nothing to go to.

The Law Society expresses their concern over the safety of the country and long-term safety as these people will have no way, at least no legal way to exit the country once again if they found it unsafe.

The Rwanda deal could lead to more unsafe territory for these people in a place where they have few options.

 

Rishi Sunak pushing to begin

Rishi Sunak has expressed his eagerness to begin the scheme and for a decision to be made. He stated that in 10-12 weeks flights will start taking off transporting migrants to Rwanda.

It was announced that they have found 350 people whom have the weakest legal challenges and would be likely to be placed on a flight to Rwanda.

Several lawyers have stated their plan to fight for individuals case-by-case to get them taken off the flights which must be done 8 days after the individual receives their deportation letter.

The case to be made will be that the individual will face harm if they were to be sent to Rwanda and they personally will not be safe there.

Updated 22/4/23

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3 Ways Contingency Fee Law Firms Provide Equal Access to Justice https://www.lawyer-monthly.com/2024/03/3-ways-contingency-fee-law-firms-provide-equal-access-to-justice/ https://www.lawyer-monthly.com/2024/03/3-ways-contingency-fee-law-firms-provide-equal-access-to-justice/#respond Fri, 15 Mar 2024 10:58:15 +0000 https://dev.lawyer-monthly.com/2024/03/3-ways-contingency-fee-law-firms-provide-equal-access-to-justice/ Fortunately, the American justice system can help, but only in criminal cases, where anyone has the right to counsel if they can’t afford it.

If you’re facing a civil matter, however, there’s no such right.

And if you’re a low-income American, like almost 50 million people across the nation, taking a civil case to court won’t just be difficult – it’ll be almost impossible due to the sheer cost of litigation, ramping up to $327 per hour on average in 2022.

This discrepancy in the American legal system is failing an entire sector of low-income Americans who are more likely to experience a civil issue yet are less likely to have access to the same system that should, in theory, help them. So, when you consider that 74% of low-income households experienced at least one civil legal problem in 2022, their question shifts from “Do I have enough evidence to make a case?” to “How can I even afford to make a case?”

That’s where contingency fee law firms come in.

Leveraging a contingency fee business model, law firms can better serve more vulnerable populations and, in turn, afford their clients a true chance to fight for justice without the added fear of financing. Let’s explore the three main ways contingency fee law firms are improving equal access to justice in America.

  1. Contingency fee law firms ease a plaintiff’s burden straight away

When an individual approaches a law firm about trying a civil case, they’re likely experiencing more than just a financial burden caused by their situation. They could be fighting to preserve their home, to support their family, to free themselves from an unsafe relationship, or to receive the health care they need.

“Unfortunately, our clients who are injured in construction accidents, they need their body to earn their living,” says Jeffrey Laffey, managing partner of Laffey Bucci Kent, a contingency fee law firm in Philadelphia, PA. “I can’t heal their injuries, but at least I can put them in a place where they can sleep better at night knowing there is some financial stability to the instability caused by the accident, and in particular, the negligence of the construction site.”

Because of the sensitive nature of civil matters, plaintiffs may not have the resources to afford and fully pursue legal services – especially if they’re the breadwinner. In extreme cases, such as medical malpractice, the plaintiff may have endured catastrophic injuries at the hands of a professional or institution that was supposed to protect them.

“I was in court for the approval of a resolution of a case where a child was catastrophically injured and will need full-time care for the rest of his life. And the parents, they’re young, but their child will outlive them. And they’re very concerned about how that child is going to be cared for after they’re gone,” recalls Elise R. Sanguinetti, founding partner of her own contingency fee law firm in Los Angeles, CA, Arias Sanguinetti Wang & Torrijos LLP. “What we hope to do is provide that family with the knowledge that their child will be taken care of after they pass.”

By waiving an hourly fee and/or upfront retainer from the litigation equation, contingency fee law firms are helping bridge the gap between low-income individuals and equal access to the legal help they need.

How do you get equal access to justice?

  1. Contingency-fee firms level the playing field, regardless of socioeconomic status

They say justice is blind, but she does have a price. Fortunately, contingency fee law firms set a person’s socioeconomic status to the wayside, giving them a fair shot in court – an opportunity they otherwise wouldn’t have, given their opponent’s deep pockets.

Because when it comes to other civil matters among low-income Americans, consumer issues are at the top, including debt difficulties, shut-off utilities like water or electricity, money scams, and the like. What makes these cases unique is that the plaintiff isn’t taking on one person but a corporate giant.

“I represent clients who are homeless and clients who are very wealthy. It doesn’t matter to me because we get to level the playing field,” said Reza Torkzadeh, founder and CEO of his contingency fee law firm, TorkLaw, based in Los Angeles. “The average consumer doesn’t stand a chance against a multibillion-dollar insurance company who has unlimited funds to hire an army of lawyers to take on a consumer who [can’t even] afford an attorney.”

Contingency fee law firms can help because not only do they understand civil litigation, but they understand the inner workings of large institutions. This level of support helps instill confidence in plaintiffs who may already be in difficult positions trying to make ends meet.

“What I love about the law is that it’s about accountability. It’s about holding institutions responsible for their egregious conduct. It’s about reminding companies that they do have a duty and they’ll be held accountable if they violate that duty,” said Laffey.

In this way, contingency fee law firms empower their clients with the resources to take on institutions without fear of falling into a money pit, all while improving their chances for a favorable outcome.

Trial Lawyers for you!

  1. Contingency fee law firms take on the risk of “loss” so the plaintiff doesn’t have to

Through the contingency fee business model, the high stakes are in the hands of attorneys with a wide breadth and depth of expertise, resources, and experience trying civil cases. Still, there is always a risk of loss.

“We take the risk of accepting a case, of spending a significant amount of money turning over every stone and hiring the most qualified experts for the subject matter in the case. And it’s not cheap,” said Laffey. “With high risk comes high reward, and we’ve been quite successful in maximizing the results for our clients because we’ve had the financial freedom to handle the case as it should be handled. It’s a win-win for the firm and our clients.”

“Financial freedom” isn’t something all contingency fee law firms have since the high costs of a trial can substantially impact the firm’s cash flow. This need for stability is a top reason why several successful contingency fee law firms choose a finance partner like Esquire Bank to start gaining the liquidity and capital they need for case disbursements.

Shouldering both the financial and legal responsibility takes the pressure off plaintiffs who, in many cases, may feel helpless in a legal battle, no matter if they have a good case or not. In turn, contingency fee law firms are increasing their odds of victory – and justice.

“We take a big risk in handling these complex, catastrophic cases. On average, they exceed six figures. So we need that backing from Esquire Bank. And we get it. Because of that, we’re able to get the results we’re so proud of,” said Laffey.

Shifting the focus from finances to problem-solving empowers contingency fee law firms to seek the truth for their clients and, in turn, find the justice they deserve.

Read more trial attorneys’ and contingency fee law firms’ stories of social justice – or share your own – by going to justice.esquirebank.com.

 

 

 

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Your Guide To Bringing Your Child to the United States https://www.lawyer-monthly.com/2024/03/your-guide-to-bringing-your-child-to-the-united-states/ https://www.lawyer-monthly.com/2024/03/your-guide-to-bringing-your-child-to-the-united-states/#respond Fri, 15 Mar 2024 09:40:23 +0000 https://dev.lawyer-monthly.com/2024/03/your-guide-to-bringing-your-child-to-the-united-states/ They may worry the journey to the U.S. is too rigorous or dangerous for little ones. 

Parents may also want to become established before bringing their children over. One parent may already hold U.S. citizenship, but it doesn’t always automatically apply to their stepchildren. Whatever the reason, helping your child legally enter the U.S. is a top priority.

Thankfully, there are steps you can take to ensure your child can enter the country legally. The process can be complex, frustrating, and time-consuming, but the rewards are well worth the effort. If your child is a resident of another country, here’s what you should know about bringing them to the U.S.

Necessary Documents

Whether you’re bringing a biological or adopted child to the U.S. from another country, you’ll need to meet one of two requirements. You’ll either need to be a U.S. citizen or have a valid permanent residence, also known as a green card. 

Getting around this requirement is virtually impossible. The only exception may be if you can prove the child is in immediate danger. An example is if the child lives in a country currently experiencing war, revolts, or another type of armed conflict. An immigration lawyer can explain any exceptions and find out if they may apply in your case.

The U.S. considers anyone under the age of 21 a child, so this means even an eighteen-year-old may be able to legally enter the United States as their parent’s dependent. So, after digging out your U.S. passport, birth certificate, military I.D., driver’s license, state-issued I.D., or green card, you’ll need to gather a few more documents to satisfy immigration requirements.

Fill Out the Correct Form

After gathering the necessary documents to prove you’re a U.S. citizen or at least on your way to becoming one, the next step is to grab the correct immigration form. Yes, there’s more than one, and submitting the wrong one will delay your immigration case. 

So, what form do you need? Whether you’re the biological, adoptive, or stepparent, you want to fill out form I-130. Don’t forget to send in the filing fee with the form. Your form won’t be processed without the fee.

Along with providing proof of U.S. citizenship, you may also need to submit additional paperwork if you’ve changed your name. A marriage certificate or divorce decree can provide proof. You may also submit a court document or adoption decree. If your name hasn’t changed since birth, go ahead and skip this step since there’s nothing for you to submit beyond your citizenship paperwork.

Provide Proof of Relationship to the Child

Okay, this is when it can get a little confusing. The required paperwork can vary even with biological parents. Biological fathers typically need to supply a little more proof of their relationship to the child than mothers. 

Why? There isn’t a good answer. The most common response is it’s simply immigration law. So, dads get ready to dig for several documents.

While biological mothers only need to supply a copy of the child’s birth certificate. Biological fathers will need to produce the following:

  • Copy of the child's birth certificate
  • Copy of the father's marriage certificate establishing marriage to the child's biological mother
  • If no longer married to the child's biological mother, evidence of legal termination of a marriage
  • Evidence of an established parent-child relationship before the child turns 21 years of age (or marrying)

Don’t forget, that children 21 years and older don’t qualify for Form I-130. This also applies if the child is legally married.

So, what about if you’re a U.S. citizen and the stepparent to a child living in a foreign country? You’ll only need to provide the stepchild’s birth certificate and a legal marriage license with both your name and that of the child’s biological parent. The marriage must be legal and recorded. In other words, you can’t just say you’re married without going through all of the legal steps.

Stepparents will also need to provide proof that the original marriage is legally dissolved. Either a divorce decree or death certificate is usually enough to satisfy this immigration requirement.

Why do you need to prove the original marriage is legally over? You can’t legally bring a child to the United States to live permanently if your spouse is still married. Your marriage isn’t legal and you’re not the child’s step-parent.

If you’re an adoptive parent and the child has lived with you for at least two years, you can apply to bring them legally to the U.S. Yes, you’ll fill out Form I-130 and provide the following documents:

  • Copy of child's original birth certificate
  • Copy of adoption decree
  • Evidence that the adoptive parent had two years of legal custody

Since out-of-country adoptions can be difficult to navigate, it’s often a good idea to work with a child immigration attorney. They can help make the process go a little more smoothly.

Average Processing Times

Okay, so nothing ever seems to move quickly when a government agency is involved. This applies to the child immigration process. Be prepared to wait, especially now that Title 8 processing is back.

If the child has a relative living in the United States, you may be lucky enough to get a priority date. This also means you don’t have to worry about visa availability. Yes, there are limits on the number of visas handed out each year. 

If you have a priority date, you can skip this concern. Since you’re applying for the child’s visa as a parent, you already meet the criteria for a priority visa.

This doesn’t necessarily mean the child will be in the U.S. in a day or so, but it can significantly shorten the wait time to weeks or months. At least you’ll know when the time comes, there’s a visa waiting for your child.

Don’t Go Through the Immigration Process Alone

Even if you’re a biological parent, it’s still a good idea to work with an experienced immigration attorney or at least an advocate. 

Not only can they help you with the paperwork, but they’re ready to answer any questions. In other words, they can help simplify the process so you can be reunited with your child.

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