Citizenship and Naturalization for Children

The procedures to apply for US citizenship or naturalization of minor children have changes, after recent Obama administration updates to our immigration laws.  Visitors of the US who have indicated that they are US citizens but are not will be granted immunity from prosecution regarding this.  Another change in our laws affects children of undocumented immigrants, who can now apply for a type of “blue card.”  These newer laws will allow undocumented immigrants to remain in the US and work, but they must pay taxes and contribute to the Social Security system.  Their children can remain within the country, and therefore families will be able to remain together. Chicago Immigration Protest May 1, 2006 Flickr – Photo Sharing!

138556236_e95a080235_zNew Laws About Visas, Green Cards, US Citizenship and Naturalization

Visas are required for those US visitors who wish to remain in the country to live or work.  An application for a visa can be completed online or in a local government immigration office.  The purpose of one’s stay will determine which type of visa application to use.  Allowed reasons for living or working within the US include the following:

  • Family sponsored visas for immediate relatives of US citizens to come live with their family members in the United States.
  • Application for a student visa through the US Department of Homeland Security, if one plans to attend college here.
  • Temporary workers need an employer-sponsored visa.
  • Medical treatment within the US requires a special medical-purpose visa.
  • Tourists from certain countries require a tourist visa application to be completed.  Certain countries that are a part of a visa waiver program.

Naturalization procedures have also changed for children of immigrants and for children born to illegal aliens within the US.  Requirements have been revised allowing minor children an opportunity to apply for certain types of citizenship, including citizenship through a derivation process or acquisition process.

Naturalization for minor children under the age of eighteen can be granted if a parent is a US citizen.  The process of gaining US citizenship at the time of birth through a parent is called acquisition.  Naturalized rules for adults include passing a citizenship test and filing a standard application.

Contact the immigration law offices of Atlanta attorneys Brownstein & Nguyen for any further questions or details regarding the citizenship and naturalization of a minor.

Image via Flickr

What You Need to Know About Executive Action Changes to DACA and DAPA

President Obama announced executive actions implementing important changes to U.S. immigration laws on November 20, 2014. These changes include the expansion of DACA (Deferred Action for Childhood Arrivals) and the establishment of DAPA – Deferred Action for Parental Accountability. More announcements concerning these changes are expected in February 2015 for DACA and May 2015 for DAPA.

Deferred Action for Childhood Arrivals (DACA)

United States Capitol

Image via Flickr

The executive actions include an expansion of the existing DACA program that was established in June 2012. Under the expanded program, the Department of Homeland Security will expand DACA eligibility for people who came into the U.S. as children, commonly referred to as DREAMers.

The expanded pool gives eligibility to those individuals who entered the United States on or before January 1, 2010, were under 16 years of age at the time of entry, and have remained continuously within the country since then. Initially, DACA required that applicants be under the age of thirty-one years at the application time, but under the revised program there is no age limit. Unlike the initial program which offered a two year deferred action, the expanded DACA program grants a three year deferred action to eligible persons. This means first-time DACA applicants, as well as those renewing their status, will be granted a three-year deferred action as well as a work authorization.

DACA targets approximately 300,000 individuals who are potentially eligible for the program. The U.S. Citizenship and Immigration Services (USCIS) will start receiving and acting on new DACA applications 90 days after the President’s announcement, or sometime in February 2015.

Deferred Action for Parental Accountability (DAPA)

The Department of Homeland Security (DHS) will establish a new program targeting the parents of U.S. citizens who do not have legal status (the parents). The DAPA, or Deferred Action for Parental Accountability, program will grant deferred action to eligible parents of United States citizens or parents of lawful permanent residents (LPRs). This will cover children born on or before November 20, 2014.

Individuals eligible for the DAPA program must demonstrate that they have been living within the U.S. since before 2010 and have remained continuously in the country since that date, including on November 20, 2014 and through the date of their application. The DAPA program will grant successful applicants deferred action for a period of three years, just like the expanded DACA program.

The Department of Homeland Security (DHS) believes there is an immigrant population of over four million people who are eligible for this program. The U.S. Citizenship and Immigration Services (USCIS) will start accepting DAPA applications about 180 days from the President’s November announcement, or sometime in May 2015.

Do you believe you are eligible for either the DACA or the DAPA program? If so, it is important to start gathering the necessary documents required for the respective program so that you will be ready when the time comes. You will need required documents to establish your:

  1. Identity
  2. Relationship to a lawful permanent resident (LPR) or a U.S. citizen
  3. Continuous stay within the country for the last five or more years.

In addition to these documents, keep in mind that an experienced immigration lawyer on your side is extremely important. The requirements and procedures for DACA and DAPA are complicated, and having proper legal guidance could mean the difference between a successful application and rejection. Atlanta immigration attorneys Brownstein & Nguyen are experienced in immigration law, and have a proven track record of making a difference for those treading their way through the U.S. immigration system and paperwork. Contact them today for assistance with your immigration needs in the Atlanta area.

Retaliation Against Whistleblowing

Whistleblowers are often hesitant to report misconduct witnessed in the workplace.  This hesitancy can be evidenced in a national chamber of commerce report that delineates the percentages of whistleblowers who report being retaliated against.

Whistleblower Protection

WhistleblowingOSHA oversees the administration of many of the U.S. laws established to promote whistleblowing in the workplace and to protect employees who come forward to report criminal conduct, fraud, violations of laws or regulations and other wrongdoing by employers. The standard process in many situations requires a witness to timely file complaint forms with their employer and certain federal agencies.  The complaint process can be long and involved, and unfortunately there have been many instances of retaliation against a work place whistleblower. For more information on starting the process of reporting a claim involving your current employer or company, take a look at whistleblowers.gov. This website provides a lot of helpful information and has links to useful resources to help you better understand the process of filing a whistleblower claim with the government. It is important to remember, however, that an employee should always seek the advice of a qualified whistleblower lawyer before beginning the claim process.

Information to Be Aware of

Filing a formal complaint against your employer is not something to be taken lightly. Once the official complaint process has begun, it is permanently filed and cannot be retracted. Because of this, one should consider the following facts before initiating any whistleblowing complaint:

  • Forty-five percent of U.S. workers have observed some form of fraud or misconduct in the workplace. Most whistleblower cases involve a type of fraud that has been observed or witnessed first-hand.
  • Sixty-five percent of individuals who witnessed wrongdoing in the workplace reported the misconduct. OSHA’s protection program mentioned earlier in this article is usually the starting point for most whistleblowers who wish to start the process of filing a work place complaint.
  • Most employees who failed to report wrongdoing at work indicated they did so out of fear of retaliation. Reports indicate that retaliation against whistleblowers is more prevalent today than ever before. That is why numerous federal laws affording whistleblower protection exist to enable employees who learn of misconduct or possible fraud to come forward and report.

Today’s commerce statistics indicate that management-level employees are more likely to be the subject of whistleblower retaliation than non-management employees. This could be due to management’s higher level of access and knowledge about a company’s financial and legal affairs.

Legal avenues are in place to prevent and combat retaliation against whistleblowers, including the OSHA complaint process. Brownstein & Nguyen are Atlanta attorneys experienced in whistleblowing and employment law situations. Contact the law offices of Brownstein & Nguyen to learn more about reporting fraud and wrongdoing in the workplace and how to protect yourself from retaliation in whistleblowing situations.

Shoes are not just laces; contracts are more than paper

Nike and Adidas are fierce competitors in the world of athletic gear. Like no other companies, they understand design, marketing and strategies needed to gain and keep market share as the top athletic gear providers in the world. For these industry giants, shoes are much more than rubber and laces, and contracts are much more than just paper – they are important business assets. Given the news of the recent lawsuit filed by Nike against three of its former design employees, employment agreements are especially important in the ultra-competitive area of apparel design employment.

Employment AgreementIn a 50 page lawsuit filed in the Circuit Court of the State of Oregon, Nike claims that Denis Dekovic, Marc Dolce, and Mark Miner are in breach of their employment contracts with Nike. After the three designers ended their employment with Nike, they went to work for the apparel brand’s arch-rival Adidas. In addition to breach of contract, Nike alleges that the three are also guilty of breach of duty of good faith and fair dealing, breach of duty of loyalty, misappropriation of trade secrets, tortious interference with current and prospective contractual and economic relations, fraud in the inducement, conversion or replevin, and civil conspiracy. In all, Nike is seeking up to $10 million in damages as a result of the allegations.

While only time will reveal the outcome in this lawsuit, there are two important reminders for employers and employees to take away from the situation. What are those reminders? The first is simple – careful reading. A contract should always be read closely; it should not be simply skimmed, scanned, and signed. The provisions and language in many non-compete agreements that apparel designers, software engineers, doctors, and numerous other professionals are asked to sign are complex. It is best to have an experienced business and employment lawyer read through these agreements to make sure that all the provisions are thoroughly understood and agreed to before signing.

shoes and paperSecond, is careful consideration. An agreement must be fully digested and understood before entering into a contract for employment. When agreeing to work for a company, it is important to remember that no one can predict the future. And while, thinking through the scenarios of “what if” may not be pleasant, it is vitally important to consider multiple scenarios as they may play a role down the road. For example, what if you sign an employment agreement containing a broad non-compete and you later have to relocate due to your spouse’s job. Would the non-compete agreement restrict your ability to work under those circumstances? This is but one example of numerous factors that are worth considering as you seek legal counsel in an effort to fully understand an employment agreement so that you will not find yourself facing a breach of contract lawsuit.

If you are in faced with signing an employment contract and would like the legal expertise necessary to sign your agreement with confidence, contact the experienced Atlanta business lawyers at Brownstein & Nguyen. Likewise, if you are a business owner in the process of recruiting talent to fill positions in your Atlanta start up or small business and want to make sure your company’s non-compete agreement is legally binding, please contact our business law offices today.

What is Whistleblowing?

Type define: whistleblower in a browser’s address bar and Google returns the definition of “a person who informs on a person or organization engaged in an illicit activity.” A graph indicates the increased prevalence of the term, which shows:

Prevalence of use of Whistleblower in the media

Prevalence of use of whistleblower in the media. Graph via Google

Clearly, the use of the term “whistleblower” has grown tremendously in recent years as more individuals have come forward to expose criminal conduct and wrongdoing by their employers. The Whistleblower Protection Act of 1989 has played a role by offering necessary legal protections for those who come forward. There is even a list of known whistleblowers published on Wikipedia. All of this shows that individuals are willing to step forward and speak up when they observe unlawful or improper activities in the workplace.

Whether you work for a private employer or a government agency, there are laws in place to protect you should you decide to blow the whistle on your employer. Visit whistleblowers.gov to read more on the Whistleblower Protection Programs. This OSHA FactSheet is also a helpful resource in identifying your rights as a whistleblower. Additionally, the National Whistleblowers Center offers support as a non-profit, non-partisan organization with the stated mission of promoting “Honesty without fear.”

If you are aware of criminal conduct or fraud by a healthcare provider, employer or government contractor, then it is important that you know your rights as a whistleblower. We encourage you to call our Atlanta law offices for support and guidance in a whistleblowing situation. Jay Brownstein has over 25 years of experience in complex legal, business and employment matters, and is able to expertly guide individuals faced with delicate whistleblowing decisions and serious implications. Call us today at 770-458-9060 for a consultation.

Immigration from Vietnam

Atlanta has the the 10th largest concentration of Vietnamese immigrants in the United States. The Vietnamese population is spread throughout Atlanta and Dekalb, Gwinnett, Cobb and Clayton counties, including communities like Chamblee, Doraville, Norcross, Lawrenceville, Smyrna, Marietta, Riverdale, Forest Park and Jonesboro.

According to the Migration Policy Institute in Washington, D.C., there have been three main waves of immigration from Vietnam since 1975. The first wave was mainly individuals and families targeted by communist forces, including military personnel and professionals associated with the United States or South Vietnamese government who evacuated Vietnam in 1975 with U.S. assistance. The second wave came in the late 1970s, as people fled continued persecution and poor conditions by boat in a search for freedom. The third wave took place in the 80s and 90s as political prisoners and children of U.S. servicemen and Vietnamese mothers made their way to the United States through special relief programs.

Atlanta Vietnamese ImmigrationCurrently, many of the families and individuals seeking legal immigration status from Vietnam within the United States do so by applying for a green card. In addition, many seeking to relocate permanently from Vietnam are able to obtain a family sponsored green card to reunite with family already in America.

The metropolitan Atlanta area has a lot to offer Vietnamese immigrants today, owing in part to the concentration of Vietnamese living here and social adjustment centers like the offices of Boat People SOS (BPSOS). With relatives nearby and support services such as English as Second Language (ESL) classes, the Health Awareness Prevention Program (HAPP), and women’s groups, the case for immigration from Vietnam to Georgia and Atlanta is even stronger.

At Brownstein & Nguyen, we have assisted thousands of families and individuals over the years to obtain lawful permanent residence (LPR) status. Experienced Atlanta immigration attorney Tien Nguyen is familiar and experienced with green card and visa applications and the processes involved in seeing them through the system successfully. If you are seeking to reunify your Vietnamese family in the Atlanta area, you can count on the premier immigration services of Brownstein & Nguyen.

Immigration Reform Updates

On Thursday, Nov. 20, 2014, President Obama addressed the nation from the East Room of the White House. The subject – immigration reform. In a bold and controversial move, the President announced executive actions that represent an important policy change on deportation and provided temporary relief to undocumented, law-abiding immigrants who meet certain requirements.

News“You can come out of the shadows,” President Obama said to millions of immigrants currently without papers but who are committed to ‘playing by the rules’ if given the chance. These immigrants include parents of U.S. Citizens, those who have been in the U.S. for five or more years, those willing to pay taxes and – should future measures permit – those willing to pursue a legitimate path to citizenship.

The immigration reforms will afford eligible immigrants a chance for deferred deportation, providing much needed relief for up to 5 million including for many the ability work legally. Under a ‘felons, not families’ policy, new measures will shift the emphasis of deportation efforts away from routine round-ups of undocumented immigrants and instead focus on identifying criminals and security threats. An additional 20,000 border patrol agents would be introduced, along with a crackdown on companies employing undocumented workers.

summary by the U.S. Citizenship and Immigration Services details the initiatives enacted under the announced executive actions, which include:

  • Broadening the eligibility criteria for the Deferred Action for Childhood Arrivals (DACA) program to include those under 16 who have been in the U.S. since Jan. 1, 2010, as well as extending relief and employment authorization under the program to three years
  • The introduction of a Deferred Action for Parental Accountability program, which would allow parents of U.S. citizens and other lawful permanent residents present in the U.S. since Jan. 1, 2010 the same period of deferment and employment authorization
  • Making spouses and children of lawful permanent residents and children of U.S. citizens eligible for provisional waivers.
  • Simplifying the legal immigration process to continue to aid in job creation and economic recovery
  • Promoting and improving both citizen education and public awareness for lawful permanent residents

President Obama’s address began with a famous line of scripture: “We shall not oppress a stranger for we know the heart of a stranger – we were strangers once, too.” At its core, the executive actions aim to promote a process by which those already in this country who follow the law and contribute to society are legally recognized. The executive actions do not grant permanent legal status or citizenship to anyone.

Those who qualify for deferred deportation and are permitted to work will receive Social Security cards, provided they meet certain conditions: that they pay a fine for illegally entering the country, pay taxes, learn English and are willing to ‘go to the back of the line’. Underlying the reforms is a move to promote accountability on the part of immigrants, as well as providing the means by which this accountability may be honored and enforced.

For millions in limbo as Congress and the White House battled over immigration reform for the past 6 years, the new measures are nothing less than a “massive breakthrough for the immigration rights movement” according to Deepak Bhargava, director of the Center for Community, in an article in The New York Times. Aimed at directly supporting ‘hard working parents’ and those with families, the initiatives honor the American culture of inclusion and a society built on the energy, hard work and innovation of foreign entrepreneurs and immigrants.

For more information about immigration issues, please feel free to read through the information found in our Immigration Practice pages. If you, a loved one or someone you know might be eligible for deferred action or has a question regarding the latest executive actions on immigration, please contact the Atlanta immigration specialists at Brownstein & Nguyen.

Breach of Contract

With a population of just under 4,000 in the 2010 U.S. Census, the Village of Chester in New York is a quaint historical community. Since 2005 a developer has been trying to bring a new housing development to the Village. According to the developer, BT Holdings, this would mean new jobs, a tax windfall, and more housing for seniors, empty nesters, young couples, and families. But the development has been stalled for nearly ten years due to a zoning battle that has cost the developer $2.6 million pursuing approvals for the project .

Breach of ContractIn November 2014, the Village of Chester once again denied zoning for the development. After this last denial, BT Holdings filed a lawsuit against the village claiming a breach of contract. The attorney representing the village maintains that “[n]o breach had occurred because the village had signed no agreement with BT Holdings.”

The key issue in the case will be whether or not an agreement was reached between BT Holdings and the village regarding approval for the development. Although no written agreement was signed, the developer will try to prove there was an oral or implied agreement. While in some cases oral contracts are legally enforceable, they can be difficult to prove. It is highly recommended that anyone entering into a business transaction of any sort should have a written contract drafted and negotiated by a business attorney.

In any case involving a breach of contract that is proven, there are three main legal remedies that might apply: damages, rescission, and specific performance.

Damages

When a breach of contract takes place, it is possible for one party to seek compensation for financial harm or damages that may have occurred as a result of the breach. Damages typically may only be sought for definite losses, as future losses can be speculative and not easily determined. Examples of definite damages that may be claimed include actual out-of-pocket business expenses, legal expenses, and lost wages or revenues related to the breach of contract.

Rescission

When a court determines that rescission is the appropriate remedy for a breach of contract, the original contract is rescinded. If the contract is canceled, the law will serve to return the non-breaching party to their original position as if the contract never existed. This may result in the return of compensation paid by the non-breaching party.

Specific Performance

In some cases, a court will require that certain duties required under the contract be performed by the breaching party. While not applicable in all cases, specific performance may apply where monetary damages for a breach are inadequate to completely restore the party seeking to enforce the contract. One example in which specific performance might be required includes the sale of real property for an agreed-upon price.

When a dispute arises involving a contractual agreement, it is best to seek legal support from an experienced business litigation attorney. The attorneys of Brownstein & Nguyen will meet with you and determine if a breach of contract has occurred, and advise you regarding your legal rights and the best course of action to take. Our Atlanta business lawyers have a proven track record of reaching the best possible results in contract dispute situations. Contact Brownstein & Nguyen for your legal business needs.

Hanging by a Moment

Soccer

One freedom the Escalante children enjoy is the ability to play soccer in the park.

Yesser, Marialinda, and Yuri Escalante love life in the United States! From success in school, to playing a pick-up game of soccer at the local park, these three Guatemalan children want to live life to the fullest while they can. After all, they are hanging on by a moment, holding onto hope that they will be allowed to legally stay in the United States. They are currently awaiting a Feb. 17, 2015 hearing in the U.S. Immigration Court in Cleveland, Ohio.

While only time can tell what the outcome for the Escalante family will be, at least they know they have a fighting chance. According to the Transaction Records Clearinghouse at Syracuse University, 47% of unaccompanied minors represented by a lawyer during immigration proceedings have been allowed to stay in the United States. In contrast, only 10% of unaccompanied minors without a lawyer have been granted the right to stay. The Escalante family has hope thanks to the legal help they are getting through the Catholic Charities of Southwestern Ohio.

The legal process of gaining asylum, work permits, and other visas to legally stay in the United States can be overwhelming. While navigating the immigration system can sometimes seem like an impossible hurdle, freedom from extreme poverty, political oppression and physical peril like that faced by the Escalante family in Guatemala make the fight worthwhile. While the Escalante children have legal representation, not all unaccompanied minors are as fortunate.

In Atlanta, immigration lawyers Brownstein & Nguyen have helped countless individuals over the years with their immigration needs. If you or a family member are pursuing a green card, fiance or fiancee visa, or a visa for a spouse or minor child, contact our legal team for help. Our years of experience and knowledge have helped guide clients successfully through the immigration process.

Owning a Small Business-Are You Compliant?

HR compliance concerns for small businesses

Small businesses owners often neglect equally important legal affairs when they focus on the main aspects of their business. One of the key neglected areas is Human Resource management and legal compliance. Considering that HR deals with other people’s affairs, there are numerous federal and state laws that impact the employer-employee relationship. Over the years, these business laws have grown to regulate businesses as well as to protect employees. Here are highlights of key compliance areas that deserve attention from business owners.

WLitigationorkplace litigation

Various laws and government agencies focus on workplace discrimination, including discrimination based on race, ethnicity, gender and sexual orientation. A small business owner needs to have in place mechanisms and policies designed to prevent discriminatory practices in the workplace. Doing do is a first step in avoiding potentially costly wrongful termination and discrimination lawsuits. The legal costs and distraction associated with such cases can cripple, or even be fatal, to a small business. In addition, small business owners should provide extensive training for management on employment discrimination and harassment.

Compliance with Benefits Laws

Many federal and state laws and regulations govern employee benefits including health, disability, life and other insurance benefits as well as retirement plans. These laws and regulations are complicated, and can create a serious compliance headache for small business owners. Even managing benefits for a small number of employees requires expert advice and guidance. Business owners who offer benefits to employees must comply with numerous requirements including government filings, test conduction, and provision of required notices and documents to employees.

Expert guidance

One point of distress for small business owners is the combination of managing all of these tasks. Often, the owner, especially during the start-up, is the manager, human resources manager, sales executive, and customer service representative. A small business owner should focus on the main business elements such as sales and management. As a result, human resource issues often take a back seat. However, with HR often requiring expensive training for proper execution, it is important that it does not take a back seat. While the HR generalist may attend to basic human resource responsibilities, full compliance requires a solid understanding of labor relations, information systems, compensation and benefits, training, and staffing. Limited training is not an excuse when the small business owner is facing litigation due to non-compliance.

The Atlanta law offices of Brownstein & Nguyen are experienced in assisting small business owners with their legal responsibilities. Contact business litigation attorney Jay Brownstein for a consultation today regarding your small business concerns.