common legal issues for h1b visa holders and their dependents

Common Legal Issuesfor H1’s and H4’s

Chai and Chatting

December 19, 2012

Introduction to H-1B Visas

Intro to Common Legal Issues

OverviewLegal Process—Advocacy System vs. Admin ImmigrationFamily IssuesPotential CriminalCivil Issues

Government Types:

U.S. Court System

Another way:

IMPORTANT POINTS:

1. ADVOCACY SYSTEM!!! The other side is not on your side!!

2. Immigration, workplace issues, generally federal court

3. Civil, criminal issues, local courts4. Administrative issues (licensing,

etc), executive branch

Immigration Issues

Status Checks (AR-11, drivers’ license)Wage and Hour problemsDiscrimination, hostile workplaceLanguage“Cabin Fever”Child Jurisdiction

Family IssuesEstate Planning-Will -Health Care Directive-Power of AttorneyTaxes-Foreign Bank HoldingsDivorce-Valid in U.S.?-Indian Assets-Children

Potential Criminal IssuesMost Common Among H1’s-DWI-Domestic Violence-Shoplifting among women

Impact on Immigration Status-CIMT-Employment-Future admission, citizenship-Padilla: Have a lawyer NMW!

Domestic Violence-Order for Protection-Harassment Restraining Order-Assault Charge-U Visa

Civil Issues

Personal Injury (car accidents, med mal)Small ClaimsLandlord/TenantBusiness Formation-No!

IMPORTANT POINTS Do things in writing wherever possible.Track receiptsSeek out resources (e.g. SEWA)There are many myths and misconceptions on the discussion boards: ASK a professionals!Legal costs are high AFTER the fact.

Questions?