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When Marriage Is Inadequate for Immigration

The U.S. citizen must, nevertheless under the typical course, petition U.S. Citizenship & Immigration Services (CIS, formerly understood as “INS”) for a green card and an immigrant visa application for his/her immigrant spouse based on the marriage. This procedure is not constantly advantageous to the immigrant– in many instances, it provides one of the most abusive methods a sponsoring partner can work out control over the immigrant, by holding the immigrant’s tentative immigration status over her. With a masters degree or special skill, one might want to qualify in other methods:

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A commonness in almost all violent marriages including an immigrant partner is the danger of deportation, often in the type of the abusive U.S. person or legal irreversible homeowner partner threatening to withdraw his/her sponsorship of the immigrant’s visa petition, not file at all, or contact CIS and lie about her in an effort to have her deported.

Often, immigrants are given the demand that they either tell no one about the abuse and thus, let it continue, or else deal with deportation. This danger of deportation, a form of severe mental abuse, can be more terrifying to an immigrant than even the worst physical abuse imaginable. Numerous immigrants have children and member of the family in the U.S. who count on them and lots of fear going back to the country they got away, for worry of societal reprisal, unavoidable poverty, and/or persecution.

Mistreated immigrants who are married to a U.S. person or Lawful Permanent Resident or who separated their abuser in the previous 2 years might now petition on their own for an immigrant visa and green card application, without the abuser’s understanding or permission. In this private process, CIS agents are lawfully bound to refrain from calling the abuser and informing him/her anything of the mistreated immigrant’s efforts to acquire a green card under VAWA.

This process likewise supplies temporary security from deportation for immigrants not in deportation currently (called “deferred action status”) and restored work authorization to legal permanent citizens who normally deal with a longer waiting duration due to visa number stockpiles.

Further, the immigrant spouse does not need to appear prior to a judge (the process is paper driven) and s/he may leave her abuser at any time, without harm to her migration status. Even an immigrant spouse who is not married to a legal permanent homeowner or U.S. person however is rather married to an undocumented immigrant or an immigrant visiting or holding a momentary work visa has options under VAWA. Because VAWA was amended in 2001, now regardless of the immigrant or abuser’s status, the immigrant may acquire legal migration status through the brand-new “U” visa, which allows the immigrant to eventually obtain a green card if s/he has actually shown helpful or most likely to be practical to a law enforcement investigation of a violent crime.

The above programs that abused immigrants frequently do have options. A mistreated immigrant does not need to continue to deal with the threat of physical, mental or financial damage from an intimate partner due to the fact that of fear of being deported.

Medical Evidence for Disability: What Do You Need to Know

The goal of an SSA analyst is to determine if you fall under their definition of disability so that you can claim long-term disability benefits. As a claimant, you’re responsible for providing medical evidence of your impairments and their severity. While SSA can gather the evidence based on your list of resources, having proof ready makes processing your benefits faster.

Submitting Medical Evidence Scenarios

The SSA analyst will need medical evidence such as copies of your medical records, health worker reports, and recent test results. However, there are some misconceptions people may have that they unintentionally delay filing their claims. Here are some scenarios we hope to clear up:

Scenario 1: You have your copies of medical evidence

Submit them immediately. When you have it ready, it makes filing your claims faster.

Scenario 2: You have incomplete copies of medical evidence

Submit the ones you have immediately. Applying early may help you retain your disability benefits. SSA will do the rest by contacting your medical source(s) to send your other evidence to them. Or you can gather the rest to make the process faster. 

Scenario 3: The obtained evidence from you and your medical source(s) is insufficient 

The SSA analyst will ask you to undergo a Consultative Examination (CE) paid from their pocket. However, SSA may prefer an independent medical source to your hospital or clinic to conduct the CE.

The Three Keys for a Strong Medical Evidence

Ideally, CE is a convenient way for claimants to get a complete and detailed medical record sufficient for SSA. But to save time and energy, you can build robust medical evidence to make your process faster without requiring CE or making several trips to the SSA.

Admissible evidence must have the following:

  1. Severity of impairment(s),
  2. Duration of the impairment(s), and 
  3. Limited functions that the impairments cause (walking, lifting, going to the bathroom, etc.)

We can use SSA CE’s objective and subjective evidence requirements to show the severity and duration of impairment(s) and how it limits the claimant. 

How to Strengthen a Disability Case with Objective Evidence

Objective evidence is measurable or clear signs of abnormalities that cannot be faked or exaggerated:

  • Get all recommended diagnostic and laboratory testing.
  • Have additional testing to provide more accurate proof of your symptoms and limitations.
  • Create a detailed list of your medical appointments. 

How to Strengthen a Disability Case with Subjective Evidence

Subjective evidence is documented symptoms experienced by the claimant. The more consistent the subjective evidence is, the stronger it is as evidence:

  • Reporting all your symptoms to your doctors at every appointment for proper documentation
  • Following your doctors’ prescriptions and recommended treatments (non-compliance can be seen as disinterest in getting better)
  • Keep a detailed record of your medications and their side effects to give SSA an understanding of how your meds can impact your daily living

How to Strengthen a Disability Case with Medical Expert Opinion

Your healthcare provider’s assessment of your condition can provide insightful information on how it impacts your life. A signed evaluation or narrative letter of your chief complaint(s) can strengthen your case.

Getting treated frequently helps your doctor be familiar with your conditions and their consistency within your medical record.

How Marken Law Can Help You

Consistency among the objective and subjective evidence and medical consultation strengthens your disability case. At Marken Law, we review your disability case for inconsistencies and missing requirements. Then, we add more supportive medical opinions to create your extensive medical evidence. 

Depending on the case, here are our methods to make explicit disability claims for you:

  • Interview your doctor through a questionnaire. The questionnaire we provide is relevant to your specific conditions. The results are drafted so the SSA analyst understands how your condition limits your daily activities.
  • Collect clarifying answers for you. We contact your healthcare providers on conflicting data, unexplained findings, and complicated conditions so the SSA analyst does not have to.
  • Get medical opinions from our medical network. As lawyers licensed in Washington, Idaho, Oregon, and California, our medical connections objectively review your medical evidence, and we record their evaluations. Their evaluations can support the expert opinions of your healthcare providers.

Glaring medical evidence cannot be ignored. To get approval for your disability claims fast, you’ll need to get everything right. 

To learn more about this, please check out disability

Understanding the Statute of Limitations for Child Sexual Abuse in Virginia

Child sexual abuse is a heinous crime that can have long-lasting effects on survivors. In recognition of the trauma experienced by victims, many states have enacted laws to extend the time period in which survivors can seek justice through civil lawsuits. In Virginia, the statute of limitations (SOL) for child sexual abuse has undergone significant changes over the years, aiming to provide survivors with a fair opportunity to seek legal recourse. Sexual abuse attorney Kevin Biniazan stated the following “I want to emphasize the importance of seeking legal counsel if you or someone you know is a survivor of child sexual abuse. Navigating the legal process can be daunting, but with the right attorney by your side, you can receive the support and guidance needed to pursue your claim effectively.”

Civil SOL

Currently, the civil SOL for child sexual abuse in Virginia is age thirty-eight, with a twenty-year discovery rule against all defendants. This means that survivors have until they reach the age of thirty-eight to file a civil lawsuit for damages resulting from child sexual abuse. However, the discovery rule allows for an additional twenty years from the time the survivor becomes aware of the injury and its connection to the abuse.

Let’s delve into the history of the civil SOL in Virginia to better understand how it has evolved over time. Prior to 2002, the age cap for filing a civil lawsuit was twenty, which included two years beyond the age of majority (eighteen). In 2011, this age cap was extended to thirty-eight, providing survivors with a more substantial timeframe to come forward and seek justice.

The discovery tolling provision in Virginia is a crucial aspect of the civil SOL for child sexual abuse cases. Before 1991, Virginia did not have a common law discovery rule specifically for child sexual abuse. However, in 1991, a statutory two-year discovery rule was introduced. This rule stated that the SOL would begin running from the time the survivor first learned of the injury and its causal connection to the sexual abuse, as communicated by a licensed physician, psychologist, or clinical psychologist. Initially, the discovery tolling was limited to age twenty-eight or ten years after the last act of abuse. However, in 1995, this limitation was removed from the discovery statute. Then, in 2011, the discovery rule was extended to twenty years from the date of discovery, ensuring survivors have a reasonable opportunity to seek justice.

Discovery Rule

It’s important to note that the discovery rule in Virginia applies to claims against all types of defendants, including both natural persons and institutional defendants. However, its retroactivity is limited, reviving claims only against natural persons, such as perpetrators and other individuals involved in the abuse. Institutional defendants, like organizations or institutions, are not subject to the revived claims under the discovery rule.

In addition to the SOL provisions, it’s crucial to understand the limitations and liability considerations in child sexual abuse cases in Virginia. The state can be held liable for child sexual abuse claims if the act was grossly negligent or intentional. However, damages are limited to $100, 000 or the limits of any applicable liability policy. Virginia recognizes charitable immunity, meaning charitable organizations are generally immune from liability for negligence arising from acts of their employees or agents. However, this immunity does not apply if due care was not exercised in the selection and retention of the responsible employee. Additionally, charitable immunity only extends to claims by beneficiaries and simple negligence claims, not acts of gross negligence.

While fraudulent concealment has been considered as a tolling theory, it has not yet been adopted in Virginia. However, institutional defendants may be held vicariously liable for the wrongful conduct of their employees under the legal principle of respondeat superior.

Conclusion

Understanding the statute of limitations for child sexual abuse in Virginia is crucial for survivors seeking justice. The current age cap of thirty-eight, along with the twenty-year discovery rule against all defendants, provides survivors with a reasonable opportunity to come forward and pursue civil lawsuits. It’s important to consult with legal professionals experienced in this area to navigate the complexities of child sexual abuse cases and ensure the rights of survivors are protected. By extending the timeframe for legal recourse, Virginia aims to empower survivors and hold perpetrators accountable for their actions.

 

Map of Virginia 

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