BITS & PIECES
This gives us something to think about with all our new electronic technology.
1. GPS
A couple of weeks ago a friend told me that someone she knew had their car broken into while they were at a football watch. Their car was parked on the green which was adjacent to the football stadium and specially allotted to football fans. Things stolen from the car included a garage door remote control, some money and a GPS which had been prominently mounted on the dashboard.
When the victims got home, they found that their house had been ransacked and just about everything worth anything had been stolen.
The thieves had used the GPS to guide them to the house. They then used the garage remote control to open the garage door and gain entry to the house. The thieves knew the owners were at the football game, they knew what time the game was scheduled to finish and so they knew how much time they had to clean up the house. It would appear that they had brought a truck to empty the house of its contents.
2. MOBILE PHONE
Never thought of this.......
This lady has now changed her habit of how she lists her names on her mobile phone after her handbag was stolen. Her handbag, which contained her cell phone, credit card, wallet...etc... was stolen.
20 minutes later when she called her hubby, from a pay phone telling him what had happened, hubby says 'I received your text asking about our Pin number and I've replied a little while ago.'
When they rushed down to the bank, the bank staff told them all the money was already withdrawn. The thief had actually used the stolen cell phone to text 'hubby' in the contact list and got hold of the pin number. Within 20 minutes he had withdrawn all the money from their bank account.
Moral of the lesson:
Do not disclose the relationship between you and the people in your contact list.
Avoid using names like Home, Honey, Hubby, Sweetheart, Dad, Mom, etc...
Most importantly, when sensitive info is being asked through texts, CONFIRM by calling back.
Also, when you're being text by friends or family to meet them somewhere, be sure to call back to confirm that the message came from them.
If you don't reach them, be very careful about going places to meet 'family and friends' who text you?
3. ON ETHICS
The ethics at the legal profession prohibit lawyers from doing business with their clients because the relationship becomes conflicted.
The client wants the lawyer to be thinking about the client’s interest and the client’s interest only, not the lawyer’s commercial interest in any relationship that he may have with the client.
This conflict between or among relationships can be handled with a so-called a waiver of conflict instrument in which the client acknowledges that there is a conflict, that he waives it, and that he truly understands what he is doing by waiving the conflict.
The conflict waiver is better than nothing, but if I were a client, I would not want to have to sign one.
Therefore, our policy with regard to accepting clients as vendors for office supplies, copiers, computers, IT consulting, etc., is that we will put them on our proffered list after we have finished the legal work that they have engaged us to do. We are very happy to do so.
4. All Advance Parole Holders who are either H or L visa approved
The position of the Customs and Border Protection (CBP), the agency that mans the border and the ports and which conducts inspections of arriving aliens is as follows:
If the traveling alien has both an advance parole and/or an H or L visa, it us up to the traveler to decide whether to return with the visa or with the advance parole.
If you return using the visa, you are subject to terms and conditions of the visa, which means that you must still be employed by the petitioning employer and that you must have an appropriate period of stay remaining on your H visa.
You may still continue processing your application for adjustment of status. The advantage is that if the adjustment of status application is denied, you have a status to rely upon until the situation with regard to the adjustment application can be corrected. Accordingly, most aliens should consider reentering with an H or L visa.
5. How to Lose your Greencard.
No, we are not discussing the subject of lost wallet or handbag of even a theft. Our subject is remaining outside of the United States for six months or longer, but thereafter, attempting to return. If you have a valid United States greencard, Form I-551, you will be able to get on the flight from the foreign country and we are assuming that your destination is the United States.
You have to get off the plane, go to the Immigration Desk, and there they will run your greencard through their database and that could begin a series of questions that may lead to the loss of your greencard. Bear in mind that this will be happening in a time when you’ve just gotten off the plane, probably having traveled a long distance and want nothing better than a hot shower, a clean bed and a glass of wine.
The questioning goes something like:
Where have you been?
How long have you been gone?
What have you been doing?
If you spent lots of time outside the United States, if you have not paid income taxes to the United States government, if you have not maintained a home, or a car, or a driver’s license in the United States, the Officer has the choice of putting you into a removal proceeding, or permitting you to enter for short period of time to clean up some affairs in exchange for your agreeing to give up your greencard right there on the spot.
If you sign in the dotted line, you are giving up your greencard. Your option is to ask for a hearing before a judge to be represented by your lawyer.
Next issue will be – when can you get a hearing, and if so, where? What are the likely results?
This can be a great inconvenience and if you have to go away for business or family purposes, you may have to retrieve your confiscated passport, etc.
To sum up, it is a matter of great inconvenience and don’t let it happen to you. The way to deal with this is to get a reentry permit and to maintain it. If you must be out of the United States for long periods of time, and on the assumption that you have a good reason, get the reentry permit and continue to maintain it.
Bear in mind if you give up the greencard, you’re going to have a hard time getting it back. The next time that you want to come to the United States, you will have to apply for some kind of nonimmigrant visa, usually a visitor visa. And since you had previously been an immigrant, a consular official has justification to conclude that you are still an intending immigrant. Therefore, your visa may be refused.
What to do? Plan in advance. If your concern that you may be a subject to a removal proceeding upon presentation of your greencard at the port of entry on the ground that you have been away too long, start the consultation process with your immigration legal advisor well in advance of the time you propose to make your trip.