Law

Facts About The EB-5 Visa

Posted by on May 23, 2016 in Law

The EB-5 Visa is one of the many ways to get a Green Card in the United States. All an individual has to do is invest in a business and they can become a permanent resident of the country in no time. Every year, there are approximately 10,000 visas allotted for foreign investors and for their families. In 2015, there were 9.764 visas were used and 93% going to investors from Asia. More specifically, 84% were granted to Chinese investors and 3% granted to Vietnamese.

Aplying for a Green Card is a long and tedious process. You can avoid the time delay and strict requirements that are usually faced by applicants.The EB-5 visa applicant will be granted conditional residence status. After two years of stay, the foreign national will then apply to remove this status. Upon meeting the visa requirement, the foreign national will then receive full LPR status. Otherwise, their conditional status is either terminated, required to leave the US, or be placed in removal proceedings.

In 1992, Congress set up the Regional Center Pilot Program in order to create an additional pathway to LPR status via the EB-5 visa. For the regional centers, the investment requirement is the same for the standard EB-5 investors. Visas from the Regional Center Program has grown over the years. In 2014, 97% of all EB-5 visas were issued from the Regional Centers.

When applying for an EB-5 visa, bear in mind that the average waiting time for processing is 13 months. The application will wiat in queue at the USCIS for about 8 – 15 months. Afterwards, it will take an additional six months or more for the review. Upon approval, the applicant will be notified and make an appointment in the nearest embassy or consulate in their country for interview. Once approved, they will need to present the documents upon their arrival in the US.

Two years after the approval of visa, the company where the applicant investeds will provide proof of job creation. You will need the Form I-829 to do this. Once reviewed and approved by the USCIS, the conditional status is changed to permanent and the Green Card issued to the applicant. The card is renewable every 10 years.

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Equipment Malfunction

Posted by on Apr 27, 2015 in Law, Personal Injury

The greatest challenge that is probably facing construction firms today is accomplishing more in much lesser time. Construction is progress, and progress requires fast action. But, as buildings, which need to be constructed, are becoming bigger, taller and more intricate in materials and design, many workers are forced to render longer work periods, resulting to fatigue which, in turn, often compromises safety in the workplace.

One very common site in construction areas is heavy equipment. These include cranes (which are a must in construction works), road rollers, crawlers, excavators, caterpillar, loaders, forklifts, concrete mixer, and bulldozers. Heavy equipment, undoubtedly, help the construction industry accomplish more at a much faster rate. But due to their huge sizes, any of these can cause a disabling or fatal injury if operated wrongly or by an untrained and careless worker.

Recognizing the risks of accidents and injuries that employees, but most especially construction workers, are exposed to everyday the US Congress established in 1970 the Occupational Safety and Health Act (or OSH Act) which, in turn, gave rise to the Occupational Safety and Health Administration (OSHA).

OSHA’s task is to ensure the safety of all working men and women through the creation and maintenance of a safe and healthy working environment; it is charged to set and enforce standards that will keep the workplace, as much as possible, free from accident-causing injuries.

It is clear, however, that having an accident-free working environment is quite impossible for, despite OSHA’s work, state laws and employers’ efforts, the US Department of Labor still received reports of as many as 4,585 fatal work-related accidents for the year 2013.

Records from the Department of Labor also shows that being struck by an object and getting caught in or between objects are among the top causes of deaths in construction sites (falls is number one), and that more than half of all construction site accidents involve employees who are in their first year of employment.

Workers still lacking in experience cannot be an acceptable reason for an accident, especially since OSHA also mandates that all employees should receive training about their job. Though workers, who sustain a job-related injury or illness, may claim financial benefits through their employer-sponsored Workers’ Compensation Insurance benefit, this is never an excuse for any employer or anyone in the construction workplace to be negligent of his/her responsibility in helping keep the work area safe for everyone.

The website of The Law Offices of Crowe & Mulvey, LLC, acknowledges the dangers that construction workers (as well as those passing by construction areas) face daily, these do not take away the fact that those who are liable for the accident may face a civil lawsuit through which the accident victim may seek, and be allowed to receive, compensation from them.

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Dock Accidents

Posted by on Sep 15, 2014 in Law, Personal Injury

Accidents involving cruise ships are getting more noticed than before, especially after the tragedy on January 13, 2012, which involved one of the largest ships in the world, the Italian cruise liner Costa Concordia, which carried more than 3,206 passengers and 1,023 crew members, when it sank after hitting a rock underwater off Isola del Giglio, Tuscany.

There are many causes of cruise ship accidents – some are natural, while others are products of human negligence or recklessness. But contrary to what many believe that the worst accidents happen to a ship only while it is in the middle of the ocean, well, think again, because there are fatal accidents that have occurred right in the pier, while the ship is docked.

Sometimes an accident that involves a docked cruise ship can turn out really bad because it can cause severe (even fatal) injuries not only to passengers and crew members, but to dock workers and/or pedestrians as well. And with the large number of freight carriers, cruise liners, and other equipment around, it would be hard to predict the severity of injuries and the degree of physical damage a dock accident can wreak.

Some of the accidents that can occur while a ship is in the pier include: a slip and fall that can cause mild to serious back injuries; falling cargo or cargo container, which can easily crush a person to death; workers accidentally getting hit by a cargo container (while it is being loaded on a container ship); fire breaking out is a ship’s cargo storage; docks workers being thrown off of their boats while working on a ship’s mooring lines (this usually happens when a ship pulls out from the port too soon, before workers actually clear the area).

Accidents occurring in docks can be very burdensome to whoever gets injured. Besides the pain and the suffering a victim has to experience, the maritime law is confusing enough for him/her to comprehend, plus the fact that filing a lawsuit against those responsible for the accident (after the tedious process of proving liability) can be done in a specific court only.

According to the website of The Vucci Law Group, P.A., two important things that a victim of a cruise ship accident ought to do are, first, seek legal help immediately and, second, make sure that the lawyer hired is truly competent – with extensive knowledge (about the maritime law) and experience (in maritime law litigations).

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Treatment for Excessive Bleeding with Xarelto

Posted by on Sep 1, 2014 in Health, Law

Blood clotting is an essential mechanism in the blood; without coagulation, once you start bleeding you won’t stop. On the other hand, blood clots can pose a danger to the health and life of an individual, primarily by inducing a stroke or embolism when a large enough clot lodges in a blood pathway, blocking the flow of blood to the brain or in the lungs. This is the reason why people who are prone to excessive clotting are prescribed with anticoagulants or blood thinners such as Xarelto.

However, there is a catch. Because an anticoagulant inhibits the process of coagulation, you could bleed to death if it cannot be reversed. This can be brought on by simultaneous use of certain medications such as nonsteroidal anti‐inflammatory drug, P2Y12 platelet inhibitors, even aspirin.

Excessive bleeding is the main issue in personal injury lawsuits against Xarelto US distributor Janssen Pharmaceutical and drug maker Bayer AG. As discussed at the website of lawyers Williams Kherkher, there are other side effects with using the drug including vomiting blood, headaches, slow healing of wounds, and liver failure, but the most common and problematic is excessive bleeding. It is even more of a problem because there is no effective way yet found to reverse the condition.

Once taken, Xarelto lingers in the system for up to 9 hours in young (20-45 years old) and healthy subjects, and as much as 13 hours for older patients. When active bleeding starts and does not stop, the patient may sustain serious blood loss that would need to be replaced before it reaches dangerous levels.

There have been some treatments considered, but there are no guarantees that they will work. One is through dialysis, but because it binds to plasma protein, it is not considered the best option for rididng the system of the drug. Vitamin K, which is the antidote for long-time anticoagulant drug warfarin, is not effective against Xarelto because they do not work in the same way. There has been some success with some prothrombin complex concentrates, but they have only been tried in healthy subjects. Other reversal agents have yet to be tested and evaluated.

If you have suffered serious injury from using Xarelto, you may need financial compensation for your medical treatment and loss of wages. Consult with a dangerous drug lawyer to find out how to get it.

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Associate Judge Dies of Cocaine Overdose Sold by Defendant

Posted by on Jan 16, 2014 in Law

In exchange for a 5-year prison sentence, former probation officer James K. Fogarty pleaded guilty to federal drug conspiracy charges for dealing cocaine.

However, further investigation reveals that associate judge Joseph Christ died from a drug overdose on March 10.

The plot thickens: Christ may have been killed by the cocaine Fogarty sold him. In fact, Fogarty admitted to selling cocaine to Christ many times and even using it with him and judge Michael N. Cook. The overdose occurred at Cook’s house in Illinois.

Cook was arrested for federal drug conspiracy and heroin possession.

Judge Michael J. Reagan stated that if a connection is discovered between Fogarty’s drugs and Christ’s death, he will be unable to accept the 60-month prison sentence and $10-100 thousand fine agreed to during the plea bargain.

The maximum sentence for the Fogarty’s crimes is 30 years, and a maximum fine would be $1.25 million.

Fogarty will be sentenced on February 28.

Selling or supplying drugs is a serious felony that can make finding work after a prison sentence nearly impossible, and can have serious repercussions on someone’s reputation.

An experienced Columbia criminal lawyer may be the difference between a 10 year sentence and a 30 year sentence. Arenson & Maas, PLC, state on their website that having qualified legal consultation can be invaluable during a criminal trial. If you or a loved one have been charged with drug crimes, you need the best criminal defense attorney possible to ensure that your rights remain protected during trial.

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