A Look at The 14th Amendment – What it is and it’s History

Recently the topic of the 14th became part of the national discourse, thanks to the President of the United States claiming it was necessary to change parts of it to avoid what it’s commonly called “anchor babies”: children born in the United States from foreign parents that are automatically american citizens for the solely fact that they were born in USA territory.

Before anyone can reach any conclusions on the validity or effectiveness of the 14th Amendment, or even evaluate if it’s right or wrong, it’s important to understand what it is and it’s history first.

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Family Law: Grandparent Custody and Visitation

Children often form emotional bonds with their grandparents. It can be difficult to preserve these relationships when the marriage of the children’s parents falls apart. Grandparents who are close to a child can request a court order granting them visitation rights. Courts in many states rely only on the best interests of a child when deciding whether to grant this request. While the law remains unsettled, these permissive statutes have survived most challenges and require only a rational reason to grant visitation rights to grandparents. In some states that use permissive statutes, however, laws have changed to require courts to take the parents’ wishes into account as well as the best interests of the child. As a result, grandparents now may shoulder a heavier burden in pursuing visitation rights.

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Green Card Through Cancellation of Removal: Do You qualify?

If you are a foreign-born person who has been living in the U.S. without legal status for a long time, and you have been placed into removal (deportation) proceedings, you may be eligible for what’s called “Non-LPR Cancellation of Removal” and a green card. However, in order for you to qualify for relief from deportation, you must meet certain criteria, which will be analyzed on this article.

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Know Your Rights: How Can I Protect Myself if Immigration Comes to My House or Workplace?

Continuing with our tips for immigrants that are looking to protect themselves in the event of ICE – the Immigration and Customs Enforcement – comes looking for them, we now publish the second part below, take from The “National Immigration Law Center” article written in 2008, but that remains really relevant to this day, thanks to the increased crackdown on Immigration ordered by the new President of the United States.

Again, this has caused a lot of confusion among immigrants, so we continue our series by publishing here the excerpt found on the original article about how you can protect yourself (and your family) if Immigration comes to your house or workplace.

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Know Your Rights: When may Immigration enter my home?

Since the innauguration of our new President, the number of raids performed by the Immigration and Customs Enforcement, or ICE, has increased considerably. Many of our immigration clients have contacted us recently to know what are their rights if ICE knocks on their door.

The “National Immigration Law Center” has a very nice guide on how to act if that happens, since 2008. Take a look at the original article here.

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What to do Right After a Car Accident?

It is usual to be confused, stressed and overwhelmed after a car accident, and really hard sometimes to make any decisions right after it happens, so we’ve compiled a list of the 10 things you need to do right after a car accident occurs.

Fortunately, most of car accidents involve only property damage – damage to the vehicle as opposed to the occupants. But one in three accidents involve personal injury to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries.

If you are involved in an automobile accident, there are certain things you can do to protect yourself and your interests. The following is a list of the top ten things you should do if you are in an automobile accident:

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What To Do If You Are Injured On The Job

A work injury may be damaging to you in many aspects. From the most evident physical damage, but also personal and economic damages, if you don’t act quickly, or don’t do the right things you are supposed to right after it happens. So, if you are injured on the job, it is very important to follow these simple steps:

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Understanding Negligence in a Personal Injury Case

Negligence is the legal concept that forms the framework of fault in most personal injury cases.

In most personal injury cases, the person who has suffered an injury relies on the legal concept of “negligence” to establish another person’s fault for the underlying accident. So, what is negligence? It may be best explained through an illustration of some of the key elements that go into any negligence claim: duty of care, and the “breach” of that duty.

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Proof of Negligence on a Personal Injury Case

In a negligence suit, the plaintiff has the burden of proving that the defendant did not act as a reasonable person would have acted under the circumstances. The court will instruct the jury as to the standard of conduct required of the defendant. For example, a defendant sued for negligent driving is judged according to how a reasonable person would have driven in the same circumstances. A plaintiff has a variety of means of proving that a defendant did not act as the hypothetical reasonable person would have acted. The plaintiff can show that the defendant violated a statute designed to protect against the type of injury that occurred to the plaintiff. Also, a plaintiff might introduce expert witnesses, evidence of a customary practice, or Circumstantial Evidence.

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The Department of Homeland Security has announced plans to conduct massive raids throughout this year!

The Department of Homeland Security has announced plans to conduct massive raids throughout this year? It plans on detaining and removing women and children who have been here as early as 2013. Do you know that under the Constitution of the U.S. you have rights? Contact Thomas and Thomas and we can legally represent you, increasing the chance of winning your case by up to 80%.

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