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Planning for Children in Case of Deportation
The current immigration climate is tense. Undocumented people fear not only for deportation but also for the care and wellbeing of their children. It is important that people that are undocumented make plans in the event that this situation takes place. Among the first things to be planned is the provision of care and supervision of minor children while the parents are in the process of the deportation.
It is important to keep all detail information of the child. If the child is an American Citizen, having their passports updated should be a priority. In addition, it is often suggested to create a power of attorney limited to the event of deportation. In this power of attorney, the parents should assign a guardian to take care of the child and allow permission to travel with the guardian. The undocumented person should also consider leaving financial provisions for the care of the child.
It is often recommended that the undocumented person carries information of their attorney or a legal service organization. Their immigration paper should be safeguarded as some people are in the process of obtaining legal status.
If ICE comes to your home, they need a validsearch warrant signed by a judge.An ICE deportation warrant is not the same as a search warrant. If this is the only document they have, they come to your home unless someone agrees. If ICE stops you on the street, you have the right to remain silent.
The contents of this website are of general nature and not intended to be a substitute for legal advice or the formation of a lawyer-client relationship. In order to be properly represented, please contact your local professional. In addition, the information given on this website has been composed by a New Jersey attorney practicing exclusively in New Jersey. None of the information contained herein should be deemed to apply in other states, nor should this website be construed as an attempt by the author to practice law in any state other than New Jersey.
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Establishing a Domestic Partnership for Estate Planning Purposes
For unmarried couples, it is important to have proper estate planning documents to have legal standing to each other. The Domestic Partnership Act established domestic partnerships for same sex and opposite sex (age 62 and older) nonrelated partners. Couples 62 years an older that want to establish a Domestic partnership need to establish the following criteria: ·Share a common residence in New Jersey or in any other jurisdiction provided that at least one of the applicants is a member of a New Jersey State-administered retirement system;·Both persons are jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property;·Both persons agree to be jointly responsible for each other’s basic living expenses during the domestic partnership;· Neither applicant is in a marriage or civil union recognized by New Jersey law or a member of another domest…
The basic business plan of the debt buying industry is to buy debt at pennies for the dollar. They usually by a list of consumer account without
original documents to support these claims and without any documentation of how
the “amount owing” was calculated. The problem with this practice is that the debt buyer, has no incentive to obtain the proof required in a court of law because its investment is minimal. Typically a debt buyer sues consumers without any documentary proof that this particular
consumer was indebted to the original creditor. . In
every credit card account, the original creditor will possess: - the debtor’s signed
application/request for a credit card, 15 U.S.C. 1642 - required monthly account statements,
15 U.S.C. 1637(b) - the credit card contract, amendments
to the contract and - charge slips or other evidence of
each purchase and cash advance. We always recommend our clients to defend these type of lawsuits so they …
The doctrine of economic duress has significantly developed and expanded, in recognition of the ever-increasing complexity of the business world. Claims of economic duress in business litigation are becoming more frequent. Several courts, including the United States Supreme Court, have acknowledged that there are situations under which financial pressure may cancel an otherwise enforceable contract. See 13 S. Williston, Contracts, § 1603 at 664 (3d ed. 1970); United States v. Bethlehem Steel Corp., 315 U.S. 289, 62 S.Ct. 581, 86 L.Ed. 855 (1942); Hartsville Oil Mill v. United States, 271 U.S. 43, 46 S.Ct. 389, 70 L.Ed. 822 (1926).The definition of economic duress is set forth in Williston:1. The party alleging economic duress must show that he has been the victim of a wrongful or unlawful act or threat, and2. Such act or threat must be one which deprives the victim of his unfettered will. [13 Williston, supra, § 1617 at 704 (footnotes omitted)]