Thursday, July 31, 2014

Immigration: Understanding and Getting help with the Immigration Process

Immigrating to the United States can be a long and complicated process. For many the process appears so daunting  they are too afraid to get the process started. It is true, the process of obtaining legal status in the United States can be complicated and difficult. But as with most things, a little education and preparation make even the most daunting and difficult tasks manageable. With understanding and the right tools, the immigration process can be easily managed and you can get the result you desire.

There are many free resources where you can go to learn about the immigration process, like U.S. Citizenship and Immigration Services website, the official page of the Department of Homeland Security dedicated to citizenship and immigration. Once you get a little understanding, it is important to get the right kind of help with the process. Using the wrong kind of help can cost you more than just money, but cost you the chance of successfully completing and obtaining the immigration status you desire.

Immigration law is one of the most complex areas of law in the legal field. Only a licensed attorney is legally authorized to help you green card applications and other immigration cases. Unlike not notarios or other consultants, an experienced and licensed immigration lawyer has gone through extensive education and training to help you. In fact, it is against the law for notaries public and other consultants to provide immigration advice. Even if they just the filling out of forms or green card applications should be done by a licensed immigration lawyer.

See this video to learn more about the risks and dangers of using notarios or other consultants:



DON'T BE FOOLED, immigration is a complex process. Notarios and former employees of attorneys are not attorneys and are not qualified to give legal advice. By using their services you are putting yourself at risk of being deported.

Tuesday, July 22, 2014

BUT I AM FIGHTING FOR THE BEST INTEREST OF MY CHILD! REALLY??????

If I could have a dollar for every time I heard from a parent fighting over custody: “but I am doing it for the “best interest” of our child or children, as the case may be, I would be rich. 

In my 25 years of practice I have made the following general observations: First, most of the time when this phrase is used it is not at all about “best interest” but rather the desire to exercise control, not over the children, but over the other parent; Secondly, parents who really seek to work in the best interest of their children find more areas on which they agree on how to raise their children than where they disagree.  Their focus is not so much on them or each other, but on their children. 

Endless fighting over the children is toxic.  It deprives children of tranquility, the feeling of security as well as challenging their beliefs. After all, children generally love both of their parents equally and they don’t understand the divorce at all.  Their preference would be that you stayed together.  If children could make a list and have their desires heard and considered the list would probably read something like this: 
  • An end to parents’ fighting.
  • An end to uncertainty about where and with whom they are going to live.
  • A return to some degree of normalcy in their lives, (this really means consistency)
  • Security in knowing that they are loved by both parents who deeply care for them. 

Prolonged custody battles usually stand as a hindrance to children obtaining these very things they desire most. This is not all, they are often dragged into the dispute b y having to go through the custody evaluation process.  As litigation continues, the parents generally become more caustic towards one another and as much as the parents think they are shielding their children form this, they’re not.  Children, especially as they get older, know more about what is going on around them than we give them credit. 

Granted there are those cases where custody needs to be challenged but  in more cases than not custody and co-parenting can better be determined by the parties working together through alternative means such as cooperative divorce or mediation. 

So the question really is:   Do you love your children enough not to fight over them?

You can read more about the affects of parents fighting during divorce here: http://www.psychologytoday.com/blog/contemplating-divorce/200911/divorce-doesnt-harm-children-parents-fighting-harms-child 

Friday, July 18, 2014

How to Make Sure Your Small Business Will Make it!

I am excited about all that is happening in Ogden over the past few years and especially recently. There has truly been a revitalization of downtown which is great to see. However, getting those who aren't from here or who reside outside of Ogden is difficult and frustrating. Many people I know who don't live here have often asked, "Why would you want to live in Ogden?", "Nothing is happening in Ogden" and "Ogden isn't going anywhere". Well, those of us who live in Ogden, love its beauty, its access to a variety of recreational activities and we can now say its ever growing business and commerce. 

Unlike other places, Ogden still maintains a good balance of large commercials business and local small business which help Ogden maintain some of the characteristics we love about it. I root for the local small businesses in Ogden to thrive and grow but I know how difficult it can be for small businesses to make it. 

Most every small business owner's dream is to create a successful business that will continually grow, hopefully for generations to come. For some the goal is to stay small, for some they can't wait to shed the "small business" connotation. However, regardless of what the new start up business's goals are, there are things to be done to make sure they don't end up like most new business, closed and bankrupt within the first few years. 

Pat Shriver, a fellow attorney, wrote a great short article about what common mistakes small businesses make which may lead to their downfall. The ten most common he states as follows:

1. Failure to organize a business entity.
2. Failure to adopt a well-thought-out business plan.
3. Failure to address employment issues.
4. Failure to do a buy/sell agreement.
5. Failure to have a succession plan.
6. Failure to protect intellectual property and trade secrets.
7. Failure to understand the consequences of personal guarantees.
8. Failure to avoid costly litigation.
9. Failure to consider more than legal issues.
10. Failure to hire legal services. 

To learn more about these common mistakes most small businesses make, read Pat's article;Top 10 Common Small Business Legal Mistakes.

An experienced and competent attorney can help your small business take necessary steps to ensure your business will grow successfully far into the future. At Richards, Brinley & Richards Law Group we know how to help you get your small business start off on the right foot.