Law Office of Irene G. Mugambi, P.C.Dallas Immigration Lawyer | Law Office of Irene G. Mugambi, P.C.2024-03-05T20:19:03Zhttps://www.dfwfamilylawandimmigration.com/feed/atom/WordPress/wp-content/uploads/sites/1303501/2023/08/cropped-SiteI-32x32.pngOn Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482242024-03-04T20:19:10Z2024-03-05T20:19:03ZIdentifying abuse
Domestic violence is a pattern of abusive behavior used by one partner to gain power and control over the other. It can manifest in various forms, including physical, emotional, psychological and financial abuse. Those who experience domestic violence often face fear, isolation and manipulation, making it challenging to speak out and seek help.
Obtaining a protective order, also known as a restraining order or order of protection, can provide a sense of security and establish clear boundaries to protect people from further harm. According to the Texas Statutes, courts issue protective orders to prevent an abuser from being near someone in their home, school or work.
Taking action
Seeking a protective order starts with recognizing that you deserve to live free from fear and abuse. It is important to understand that domestic violence is not your fault and that seeking help is a sign of strength, not weakness. When pursuing a protective order, gather evidence of the abuse, such as photographs, text messages, medical records and witness statements. Documenting incidents of abuse can help substantiate your claims and increase the likelihood of the court granting the protective order.
By taking action to protect yourself and seek help, you are prioritizing your safety and well-being. Remember that you are not alone, and there are resources and support systems available to assist you on your journey to freedom from abuse.]]>On Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482232024-02-17T22:08:49Z2024-02-20T22:07:43ZLegal custody vs. physical custody
Legal custody refers to the right to make important decisions about the child's upbringing, such as education, healthcare and religion. Physical custody refers to where the child primarily resides. There are various types of custody arrangements, including sole custody, joint custody and split custody. Sole custody is when one parent has primary physical and legal custody. Joint custody allows both parents to share physical and legal custody. Split custody is when siblings become divided between the parents.
According to the Texas State Law Library, courts make custody decisions based on the best interests of the child. Factors such as the child's relationship with each parent, their preferences and the parents' ability to provide a stable and nurturing environment influence decisions.
Parenting plans
Parenting plans outline the details of custody arrangements, including schedules for visitation, holidays and vacations. It is important to create a plan that prioritizes the child's well-being and allows both parents to maintain a meaningful relationship with the child. Remember, the goal of child custody arrangements is to protect the child's best interests.
By navigating this aspect of the divorce process carefully, parents can help create a healthy and supportive environment for their child’s growth and development.]]>On Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482222024-02-16T18:00:31Z2024-02-16T18:00:31ZEligibility
To bring your fiance or fiancee to the United States on an immigrant visa, both you and the other person must be legally free to marry. Additionally, you must have met your fiance or fiancee in person at least once within the two years before filing the petition, unless meeting in person would violate cultural or religious customs or would result in extreme hardship.
The petition
To initiate the process, the U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services. Along with the form, provide evidence of the relationship, such as photographs together, travel itineraries and communication records, to demonstrate the legitimacy of the relationship.
Approval and visa application
Once USCIS approves the petition, it goes to the U.S. Department of State's National Visa Center. The NVC processes the application and forwards it to the U.S. embassy or consulate in the foreign fiance or fiancee’s home country.
Upon receiving the approved petition, the fiance or fiancee must apply for a K-1 nonimmigrant visa. The application process involves completing forms, attending an interview and undergoing medical examinations.
Entering the United States
With K-1 visa issuance, the fiance or fiancee can travel to the United States. Upon arrival, they must marry the U.S. citizen petitioner within 90 days. After the marriage, the fiance or fiancee can apply for adjustment of status to become a lawful permanent resident (green card holder).
By understanding and fulfilling these obligations, couples can begin their lives together in the United States.]]>On Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482212024-01-30T03:33:52Z2024-02-06T03:32:57ZSocial media surveillance
Social media has become a major part of modern life for immigrants and others. It provides a window into individuals' worlds. Immigration officers are increasingly turning to these platforms to gather information about couples seeking green cards. Regular surveillance of social media accounts allows officials to assess the dynamics of the relationship. Officials may search for any signs that may suggest a marriage of convenience rather than one rooted in genuine commitment.
Perils of public displays
Publicly accessible social media posts can be a double-edged sword. Posting pictures, comments or status updates that appear inconsistent with a committed relationship can raise suspicions. For instance, frequent solo outings or interactions that lack the expected warmth are subject to misinterpretation as evidence against the good faith of the marriage.
Contradictions and inconsistencies
Immigration authorities pay close attention to discrepancies between the information they get during the application process and the content they find on social media. Any inconsistencies, such as conflicting narratives about the couple's history or conflicting relationship statuses, can turn into red flags. They may trigger a more extensive investigation into the legitimacy of the marriage.
By being conscious of their digital footprint, couples can mitigate the risk of social media becoming an obstacle to demonstrating the good faith of their marriage.]]>On Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482202024-01-26T21:57:23Z2024-01-26T21:57:23ZCommunity property principle
Texas is a community property state. That means assets acquired during the marriage are generally considered community property and subject to division upon divorce. This includes retirement accounts accumulated by either spouse during the marriage.
Types of retirement accounts
Various types of retirement accounts may be subject to division in a divorce. That includes individual retirement accounts, pensions and 401(k)s, the latter of which 34.6% of working-age Americans had in 2020, and other employer-sponsored retirement plans. Each type of account may have its own rules and regulations governing its division.
Division of retirement accounts
The division of retirement benefits in divorces typically involves determining the community property portion of the accounts. This often requires a thorough examination of the contributions made to the retirement accounts during the marriage compared to contributions made before or after the marriage.
Qualified Domestic Relations Order
To facilitate the division of retirement accounts, the court issues a QDRO. This legal document instructs the plan administrator on how to distribute funds from the account. It ensures that the non-owning spouse receives their share without incurring tax penalties.
Impact of divorce on retirement savings
Divorcing couples must consider the long-term implications of dividing retirement accounts. For the spouse receiving a portion of the retirement benefits, it can provide financial security in the future. However, for the spouse relinquishing a portion of their retirement savings, it may require adjustments to their retirement plans and goals.
While navigating the intricacies of divorce, looking at your entire financial picture is necessary to plan for a stable post-divorce life.]]>On Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482192024-01-11T22:07:34Z2024-01-12T22:06:39ZU.S. green card: A gateway to residence
A U.S. green card, officially known as a Permanent Resident Card, is a coveted document that signifies an individual's lawful permanent residence in the United States. Obtaining a green card allows someone to live and work in the country indefinitely. This status is typically granted through family sponsorship, employment opportunities, refugee or asylum status or various humanitarian programs.
However, it is important to note that holding a green card does not grant the same rights as U.S. citizenship. Green card holders are permanent residents, not citizens, and must adhere to certain rules to maintain their status. For instance, they must renew their green cards every 10 years and are subject to deportation if they engage in certain criminal activities.
U.S. citizenship: The pinnacle of legal status
U.S. citizenship, on the other hand, is the highest legal status one can achieve in the United States. While a green card provides residence, citizenship offers a deeper connection to the country. Naturalized citizens enjoy the privilege of voting in federal elections, holding public office and obtaining a U.S. passport for international travel. Unlike green card holders, citizens are exempt from deportation and have the right to petition for family members to join them in the U.S.
In 2022, 1,018,349 people obtained a U.S. green card. Although it does not come with the same rights as citizenship, it offers people a chance to live and experience life in the U.S.]]>On Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482182024-01-02T21:45:36Z2024-01-02T21:45:36ZResidency requirements
One thing that separates the divorce process for immigrants in the United States is the residency requirement. Immigrants might find themselves dealing with bureaucratic demands that complicate divorce proceedings. For instance, in Texas, a couple must reside within the state for at least six months before initiating a divorce. This can be a potential challenge for recent immigrants navigating the United States legal system.
Immigration status and its impact
Immigration status can significantly impact the divorce process for immigrants. Some individuals may be reliant on their spouse's immigration status. This can make the divorce process intertwined with potential changes in residency or citizenship. Fear of deportation can influence the decisions immigrants make during divorce.
Access to resources
Access to resources and support networks is another important consideration. Immigrants may face limitations in accessing information about their rights and support services. Language barriers may also restrict their ability to seek assistance. Immigrant communities should provide accessible resources to help individuals navigate the divorce process.
Studies show that 72% of immigrants with children remain in their first marriage. This figure can imply that divorce is less common for immigrants compared to native-born Americans. Even so, immigrants who do choose to divorce can do so without worry by understanding the process.]]>On Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482172023-12-30T03:49:14Z2023-12-30T03:49:14ZThe details of the notice
The notice you receive will include important information about your case. It identifies the nature of the proceedings, such as removal, as well as the action or conduct that triggered the notice. It also includes information about the specific charges against you and the provisions they claim you violated. Finally, it also provides the date, time and location of the hearing.
The potential consequences
A Notice to Appear serves as a summons for you to appear in court. Failure to appear at the scheduled hearing could result in an order of removal in absentia. This could bar you from any relief from removal for years.
When you appear at the hearing, the judge assesses the charges and the evidence before determining if you should face removal. You might have options for relief from removal depending upon the circumstances.
The basics of your response
Unlike many court documents, you have no obligation to respond to a Notice to Appear before the hearing. You can take the time before the hearing to focus on understanding the allegations and gathering evidence to support your defense.
The Department of Homeland Security reported a 110% increase in the number of Notice to Appear filings in 2019 over 2018. This reflects a more proactive approach on the part of the government. This makes it important for immigrants to understand the basics of these forms and what the proceedings could mean for them.]]>On Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482162023-12-16T21:27:04Z2023-12-16T21:27:04ZKey features of the act
The Dignity Act introduced several changes to the current immigration system. One of its main goals is to provide a clear path to citizenship for undocumented immigrants who have been living in the United States for years. This change not only recognizes the contributions of these individuals but also offers them a chance to integrate fully into society.
Protection for immigrant families
Family unity is a central focus of the act. It aims to protect immigrant families from separation due to deportation or detention. The act also includes provisions to expedite family-based visa processes, which can often take up to a year for immediate family and as long as three years for other family members.
Work authorization and social services
Under the new act, immigrants will have easier access to work authorization, allowing them to work legally in the United States. This change is important for the economic stability of immigrant families and communities. Additionally, the act expands access to essential social services, ensuring that immigrants receive necessary support and resources.
Addressing root causes of immigration
The Dignity Act also looks beyond the borders of the United States. It includes measures to address the root causes of immigration, such as economic instability and violence in home countries. By tackling these issues, the act aims to reduce the pressure of immigration and create more stable conditions globally.
The Dignity Act of 2023 recognizes the important role immigrants play in American society and seeks to ensure their rights and dignity. As this act takes effect, it paves the way for a more inclusive and fair approach to immigration, benefiting not just immigrants but the entire nation.]]>On Behalf of Law Office of Irene G. Mugambi, P.C.https://www.dfwfamilylawandimmigration.com/?p=482142023-12-05T19:45:34Z2023-12-05T19:45:34ZDefining community property
Texas follows the community property system. State courts consider assets acquired during the marriage to be community property. Both spouses jointly own community property. Examples include income, real estate and possessions obtained during the marriage.
Identifying community property
The first step in property division is identifying community property. Inventory assets such as the family home, vehicles, bank accounts and retirement savings. You also need to inventory debts accrued during the marriage.
Separate property includes assets owned by one spouse before the marriage. It also covers acquired by gift or inheritance during the marriage. These assets typically remain with the individual who owns them. They are not subject to division.
Defining equitable distribution
The court aims for an equitable distribution rather than an equal split. Factors under consideration include the length of the marriage, each spouse's financial situation and their contributions to the marriage.
Both spouses have responsibility for marital debts and financial obligations. The court will also strive to divide these accounts fairly. The average Florida household has nearly $9,053 in credit card debt, second only to Texas and California.
Negotiating a property division agreement
Couples in Texas can mediate a property division agreement outside of court. Mediation allows spouses to collaborate amicably with the help of a neutral third party. It can provide a more amicable and personalized resolution to the property division process.
By grasping these key concepts, individuals can handle the property division process with clarity and fairness.]]>