Immigration

 

Immigrants in the United States and those desiring admission as legal residents acquire legal permanent Resident status through a varied process.There are, however several categories of immigrant applicants. The following are the most common categories of Green Card applicants.  Immediate Relatives. Those classified as immediate relatives have no waiting periods. There are no quotas and those in this category are entitled to immediate immigration benefits. Immediate relatives are: A. Spouses of US. Citizens B. Unmarried applicants under the age of 18, who have a U.S citizen parent(s); C. Parents of U.S Citizens, if the U.S Citizen child is at least 21 years old (not 18 years); note that children under 21 years old with U.S citizen parents are not classified in this group; D. Step children and step parents of United States citizens, if that relationship was created before the child turned 18 years old; E. Parents and children related by adoption, if the adoption creating that relationship occurred before the adopted child’s 18th birthday.

 

Family members not entitled to immediate immigration benefits are divided into several preference groups:  Family Preference (I.) Family First Preference. This group is comprised of unmarried people, irrespective of age, who have a U.S parent(s); (II.) Family Second Preference: This group has 2 subdivisions 2A. Spouses of Green Card holders and unmarried children under 21 years old; 2B. Unmarried sons and daughters, over 21 years old of Green Card holders;(III.) Family Third Preference: Married people, any age, with a U.S parent(s), and (IV). Family Fourth Preference: Sisters and brothers of U.S citizens, who are over 21 years old, and finally, Employment Based Preference Groups and several subdivisions in that group.

 

 

Divorce

 

A marriage may end either through a divorce or the death of one spouse. A divorce is a judicial declaration dissolving a marriage. It is the termination of the martial union.

 

Divorces may be contested or uncontested. An uncontested divorce is one in which both parties agree to the terms of the divorce. Uncontested divorces, on the other hand, are divorces with no agreement, that may require a court’s intervention.

 

Jurisdiction and residency are prerequisites of all divorce proceedings in the United States. In some foreign common law jurisdictions, the only requirement is that the marriage take place in that jurisdiction. 

However, in most parts of the United States, one must be a resident of a particular state, for a certain specified period, before one can commence proceedings for a divorce.

 

In the U.S, one party, must at the minimum, reside in a particular state before divorce proceedings can commence in that state. Thus, parties living in one or more states cannot commence proceedings in a non residency state. (In a state in which they don’t reside).

 

Marriages may also be terminated through default (non appearance of the defendant spouse) or through annulment. Divorce proceedings are commenced with the filing and service of the summons in Action of Divorce.

 

Child Support

Child Support is payment made by the non custodial parent. It is an amount predetermined by Child Support Guidelines. In most states, the following guideline are utilized:

No. Of children                       Percentage of Income

          1                                                    17%

          2                                                     25%

          3                                                     29%

          4                                                     31%

          5+                         no less than 35%

For the custodial parent, child support proceedings are commenced by the filing of the summons, and support petition, and service of same upon the non custodial parent, or spouse prior to the scheduled hearing. Upon receipt of the Child Support petition, the non custodial parent has to appear on the scheduled date, with a completed financial disclosure form, supported by tax returns and pay statements. The amount due to the custodial parent as child support is determined by the number of children, and the income of both parents, minus permissible deductions. The court may then set a temporary or permanent child support payment schedule. Non custodial unemployed parents may be required to pay a certain minimal amount as child support. An unsatisfied parent is given the right to appeal the child support order, usually within 30 days. In custody proceedings, the mother is, in most instances, granted legal custody except in situations where the court determines, based on evidence, that she is an unfit mother, and her continued custody of the child will be adverse to the best interest of the child.In child support proceedings, there is a presumption that a child born during the marriage is a child of that marriage.