For many immigrants, the United States represents a place of opportunity and the ability to be together with their loved ones. The visa system in the U.S. provides a number of ways that people from other countries can receive authorization to enter the country and live here permanently. One such visa is the fiancé visa, or K-1 nonimmigrant visa, which may be available for a foreign citizen who wishes to marry a U.S. citizen. If you are thinking about applying for a fiancé visa, it is important to understand all the eligibility requirements that will apply to both the immigrant fiancé and the U.S. citizen sponsor.

Eligible Relationship Status

The first requirement for eligibility for a fiancé visa is that the couple must be legally able to get married after the foreign citizen enters the United States. This means that both partners must meet all legal requirements for marriage in the state where the marriage will take place. That is, they must meet the applicable age requirements, and they must not be currently married. If they had been married in the past, they will need to show that the marriage has been legally terminated, which may be done by providing a copy of a divorce decree or the death certificate for a deceased spouse.

To demonstrate that they are getting married for valid reasons, the couple will usually need to show that they have met in person at some point within two years before applying for a K-1 visa. This meeting may have taken place in the United States or another country. In some cases, exceptions to this requirement may be available, although they must usually be based on long-standing customs. For example, if a couple is entering into an arranged marriage, and the practices that are often followed in the foreign fiancé's country do not involve a face-to-face meeting beforehand, a fiancé visa may be granted without the need to fulfill this requirement. Exemptions may also be available if the requirement to travel outside the United States to meet a fiancé would involve extreme hardship for a U.S. citizen.

Although most dogs are beloved family pets that never harm anyone, dog bites remain a serious problem in North Carolina. Dog attacks can happen in the blink of an eye, making it difficult to react and know what to do once the attack is over. If you or someone you love has been seriously hurt by a dog, it is important to understand that you may be able to take legal action against the dog’s owner to recover damages for your suffering and medical expenses. Furthermore, taking quick action is often necessary to protect others from the dangerous dog in the future. Read more to learn about dog bites and dangerous dog laws in North Carolina. 

Dog Bite Injuries

Dogs may be man’s best friend, but they are also animals that can act in unpredictable ways. In a matter of just a few seconds, a dog can cause serious injuries, especially to small children. Common dog bite injuries include, but are not limited to: 

• Lacerations to hands, arms, face, and neck
• Disfiguring cosmetic damage, including scarring
• Nerve damage 
• Torn ligaments
• Serious bleeding
• Infections
• Broken or fractured bones 

What is a Dangerous Dog? 

Every state defines “dangerous dog” a little differently, but in North Carolina, a dangerous dog is one that has already, without provocation, seriously hurt or killed someone else. Furthermore, dogs used for dog fighting or those simply trained for dog fighting can be designated a dangerous dog, whether or not they have already attacked someone. A “potentially dangerous dog” is a dog that has injured someone badly enough to require hospitalization or cosmetic surgery, one that has seriously injured or killed another animal, or one that has approached someone who is not on the dog owner’s property in a way that appears the dog is about to attack. Sometimes even when someone is on the dog owner’s property, but is allowed to be there, premises liability laws can hold the dog owner responsible for a dog attack. Whether a dog has been designated a dangerous dog or a potentially dangerous dog can affect a dog owner’s liability. 

People usually spend at least eight hours a day, five days a week at work. With so much time on the clock, work injuries are bound to happen. While some of these injuries may be so minor that they do not justify taking any kind of legal action, others can be serious enough that they put someone out of work permanently. North Carolina requires most businesses to have workers’ compensation insurance, but that does not necessarily mean your employer has workers’ compensation insurance or, if it does, that the insurance will cover your injury. To learn what kind of injuries workers’ compensation is meant to cover, read on and then contact a North Carolina workers’ compensation insurance attorney for more information. 

Which Employers Need to Have Workers’ Compensation in North Carolina? 

North Carolina law requires businesses with three or more employees to have either workers’ compensation insurance or to qualify as a self-insured employer. However, certain employees are exempt from workers’ compensation coverage, including: 

• “Casual” employees (people who can come and go from a job site at will)

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 Driving while intoxicated by drugs or alcohol is something that few people would admit to doing. However, studies suggest as many as one in four people have driven under the influence of alcohol or other substances. Some DWI arrests are the result of a poor decision while other times, faulty breath testing devices or other issues lead to an unjustified DWI arrest. 

If you were charged with driving while intoxicated (DWI), you may also be very nervous about the consequences you face for your actions. While this is natural, it is also important to know that the legal consequences for something like a DWI are rarely set in stone. The advocacy of a great attorney can help you fight the charges and possibly even get them dropped. 

What Can an Attorney Do in My Defense? 

Depending on the facts of the case, an attorney has several options available for fighting the charges. These include, but are not limited to: 

Most people know that if they have been injured in a car crash, slip-and-fall accident, or any other incident caused by someone else’s negligence, the injured person generally has the right to seek compensation for their losses from the at-fault party. In such cases, most people think primarily about their physical injuries. However, some of the most lasting, debilitating injuries are of a psychological or emotional nature.

Mental trauma – known as emotional distress in the legal world – has serious implications that may prolong a victim’s path back to normal. It may be difficult to work, maintain relationships, and process emotions normally. The toll on the victim and their family can be enormous. The good news is that, in certain circumstances, damages for emotional distress can be recovered through a personal injury claim.

What Is Emotional Distress?

The definitions of emotional distress vary, as each victim experiences the condition differently. Most medical professionals understand the condition as a psychological response to trauma.

While North Carolina may not have a national reputation for being a hotspot of gang violence, large numbers of gangs are active in the state - well over a thousand by some counts. In 2018 and then again in 2020, members of the United Blood Nation were put into prison for crimes such as drug trafficking, illegal firearm possession, wire fraud, and committing other crimes using weapons. 

These are serious crimes with serious consequences, but not all gangs or groups are involved in criminal activity, and it may only be natural for a young person who is curious about a gang, or the parents of a young person who has shown interest in gang membership, to wonder if simply being in a gang is against the law in North Carolina. 

Is Being a Gang Member Illegal? 

In North Carolina, simply being a gang member is not against the law. However, whether someone gets in trouble for conduct committed as part of a gang is a much more important question. North Carolina has laws in place that are specially designed to punish gang activity. 

If you have been charged with murder or manslaughter in North Carolina, you can bet that prosecutors will be motivated to put you behind bars. In the face of the charges against you, it may be tempting to simply give up; after all, surely no prosecutor would bring an unwinnable case of murder or manslaughter without evidence, right? Wrong. Prosecutors can be so eager to make it look like they are punishing someone responsible for murder that they might bring a weak case or even bring a case against the wrong person. When this happens to you, you need help from a North Carolina criminal defense attorney who will help you fight to stay out of prison and continue living your life. 

How Can a Lawyer Help Someone Accused of Murder? 

It may seem like the charges against you are hopeless, but with a great defense attorney, there is always a strategy for trying to beat the charges. Your attorney will carefully look at your case and, using the facts, the prosecutor’s evidence, and your own testimony, try to create the best defense possible. Among the defenses your attorney may use are: 

• Self-defense - North Carolina has a so-called “Stand Your Ground” law that allows citizens to exercise their legal right to defend themselves without having to first retreat. If you reasonably believed that lethal force was necessary to protect yourself or someone else from imminent bodily harm or death, especially if you are at home, in your car, or at work, the right to self-defense can be a powerful defense option. 
• Mistaken identity - If you have been confused with someone else and been wrongfully identified as the perpetrator of a murder, you will need to prove that you have an alibi or that the person identifying you is wrong. 
• Insanity - When someone’s mental state makes them unable to distinguish between right and wrong, understand the consequences of a crime, or plan ahead to commit the kind of crime they have been accused of (such as first-degree murder), insanity may be an appropriate defense. 
• Accidental death - People have been killed in tragic accidents, even by seemingly minor actions like playing a prank on a friend. If you had no criminal intent to cause someone else harm and are not guilty of criminal negligence, you may be able to avoid murder charges by claiming it was an accident. 

Call a Raleigh, North Carolina Murder Defense Attorney Now

If you or a loved one have been charged with any kind of murder or manslaughter, do not delay - get legal assistance right away from an aggressive, experienced Wake County homicide defense attorney with Vasquez Law Firm, PLLC. We fight passionately for our clients’ rights and have a proven track record of obtaining results in every area of our practice. Call us now at 919-533-7000 to schedule a free, confidential consultation. Hablamos Español.

Incluso con el mejor abogado de defensa criminal, no siempre es posible evitar las condenas por delitos. Una característica desafortunada de nuestro sistema de justicia penal es que los antecedentes penales a menudo hacen que alguien continúe pagando por sus delitos, a veces mucho después de que esa persona haya pagado su deuda con la sociedad. Peor aún, incluso ser arrestado o acusado de un delito sin haber sido condenado puede tener el mismo efecto. Si tiene antecedentes penales y se pregunta si puede borrarlos, hable con un abogado defensor penal de Carolina del Norte con experiencia en eliminación de antecedentes penales.

¿Cómo puedo borrar mis antecedentes penales?

Es importante tener en cuenta que la ley de Carolina del Norte usa el término "expurgación" en lugar de "expurgación", pero estos términos significan exactamente lo mismo y se pueden usar indistintamente. Una expurgación es la eliminación de antecedentes penales por orden de un juez. Después de que se eliminen los antecedentes penales, la persona por la que se eliminaron puede decir honestamente que no ha cometido ese delito (con excepciones para ciertos fines de inmigración).

Workers’ compensation is an invaluable resource for those who get injured at work. However, many workers have preexisting conditions that can be aggravated by work or which are made unbearable by injuries that happen at the workplace. Unfortunately, workers’ compensation insurance companies often try to avoid paying out fair settlements to injured workers, especially those with preexisting conditions. Preexisting medical conditions can give insurance companies an excuse to point to other causes than work. 

You may still be able to receive workers’ compensation after you suffer from a workplace accident if you had a preexisting condition, but it may be an uphill battle. If you were hurt in a work-related incident, make sure to work with an experienced North Carolina workers’ compensation attorney who can help you fight for your rights. 

How Do Preexisting Conditions Affect Workers’ Compensation Payments? 

Generally speaking, employers in North Carolina should not ask you about your medical history and should not have access to it. However, if you were injured at work and need to file a workers’ compensation claim, you are responsible for disclosing a preexisting condition. Workers’ compensation payments are not required to cover a preexisting condition per se, but they can certainly be required to cover a preexisting condition that has been aggravated by a workplace incident. 

Getting in any kind of serious car accident can be a traumatic experience, to say nothing of the physical danger and potentially long-term health implications of such a crash. But suffering in a car crash because somebody decided to drive drunk can be one of the worst kinds of crashes to endure; not only will you have to deal with the painful and expensive healing and recovery process of a typical car accident, but you know that if not for the irresponsible driver’s actions, the accident would likely never have happened in the first place. If you or someone you love has been injured in a drunk driving car crash in North Carolina, you may be considering taking legal action against them. Having a personal injury attorney in your corner will help.

Is a Drunk Driver Responsible Always for a Car Accident? 

Although the driver of the vehicle you crashed into may have been drunk, that does not necessarily mean that he or she will be found responsible for the accident. In fact, if you contributed to the car crash at all, you likely will not be able to recover any compensation for the damage the accident caused. North Carolina personal injury claims fall under “pure” contributory negligence laws, so any contribution on behalf of the plaintiff bars recovery. It is important to talk to an attorney to determine whether you likely share fault for the accident, because shared fault can also result in an insurance company that is going to fight giving you fair compensation. 

How Much Time Do I Have to File a Lawsuit? 

Every state has a statute of limitations for bringing lawsuits in personal injury cases, and North Carolina is no exception. Generally, the statute of limitations for car accident lawsuits is three years from the date of the crash. However, if someone died in the accident, and a loved one wants to bring a wrongful death claim, they have only two years from the date the person died. 

Even with the best criminal defense attorney, it is not always possible to avoid convictions for crimes. An unfortunate feature of our criminal justice system is that a criminal record often makes someone continue to pay for their crimes, sometimes long after that person has paid back their debt to society. Worse, even being arrested for or charged with a crime without being convicted can have the same effect. If you have a criminal record and are wondering whether you can get it wiped clean, speak with a North Carolina criminal defense attorney with experience in record expungement. 

How Can I Get My Criminal Record Expunged? 

It is important to note that North Carolina law uses the term “expunction” rather than “expungement,” but that these terms mean exactly the same thing and can be used interchangeably. An expunction is the erasure of a criminal record by order of a judge. After a criminal record has been expunged, the person for whom it was expunged can honestly say that they have not committed that crime (with exceptions for certain immigration purposes). 

The criminal records that can generally be expunged in North Carolina include, but are not limited to: 

Getting seriously injured in a car accident can upend your life. You may be unable to work, get around comfortably, or enjoy any of the things you used to be able to do. Even if your injuries are not life-threatening or severe, a car accident can have a major impact on your life, causing major disruptions that take time, effort, expensive medical treatment, and personal therapy to overcome. 

When these kinds of injuries happen because of someone else’s negligent or intentionally dangerous driving, you deserve to recover compensation. The other driver’s insurance company knows this - but they are also trying to stay in business and make money. This may lead to an insurance company lowballing you in an offer for compensation, hoping that you will not have a personal injury attorney who knows their tricks and who will fight for your rights. Here are five reasons a North Carolina insurance company does not want you to hire a personal injury lawyer after a car accident. 

Personal Injury Attorneys Know How to Prove Fault

Investigations are an important part of personal injury claims, especially when there is confusion or disagreement about why an accident happened and who is ultimately responsible. Personal injury attorneys know how to conduct thorough accident investigations, including collecting video evidence, witness testimony, and accident reconstruction evidence to prove liability on the part of the other driver. 

Accidents with public transit vehicles tend to result in serious injuries - after all, buses, trains, trams, and other forms of public transit are usually much larger than passenger vehicles, and collisions commonly cause catastrophic injuries or death. But public transportation agencies owe a duty of care to prevent avoidable injuries, and when the driver, operator, or a mechanical defect is responsible for an accident, the transportation agency could be held liable. If you or someone you love has been injured or killed in an accident with a North Carolina public transit vehicle, read on to learn how a personal injury attorney can help. 

Why Do I Need a Lawyer in a Public Transit Accident Case? 

If a government agency’s liability in an accident is clear, the agency may want to work quickly with victims to settle a claim brought by the victim or his or her family. However, this settlement offer may not reflect the full extent of the harm done by the accident - for example, by not covering the full value of a victim’s lost wages, medical expenses, or a family’s long-term grief from the loss of a parent or child. 

An attorney can guide you throughout the claim process, handling complex paperwork and legal matters so you can focus on recovering. An attorney will complete a full investigation, determine who was responsible for the accident, and negotiate on your behalf to make sure the city compensates you for the full value of your claim. 

Si un inmigrante a los Estados Unidos recibe una visa para venir a los EE. UU. para casarse o permanecer en los EE. UU. debido al matrimonio, puede pedir permiso al gobierno para traer a sus hijos al pais. Este es un servicio esencial que ayuda a unir y mantener unidas a las familias, a menudo después de muchos años de dolorosa separación. Desafortunadamente, el proceso de visa familiar puede ser largo y complicado, y a menudo requiere la ayuda de un abogado de inmigración con experiencia en Carolina del Norte. En Vasquez Law Firm, PLLC, estamos aquí para ofrecerle esa ayuda, para que pueda optimizar el proceso de solicitud y darle a su familia la mejor oportunidad de reunirse con usted aquí en los Estados Unidos.

Opciones para Visas de Inmigración Familiar

Las familias de todo el mundo se encuentran en muchas situaciones diferentes y la visa que se adapta a una familia no es necesariamente adecuada para lo siguiente. Antes de que un cónyuge no ciudadano pueda presentar una solicitud para traer a sus hijos a los EE. UU., primero se le debe aprobar una visa propia. Las posibles opciones de visa para cónyuges e hijos de cónyuges no ciudadanos, y las circunstancias en las que pueden estar disponibles, incluyen:

Lesionarse en el trabajo es una de las cosas más frustrantes y desalentadoras que le pueden pasar a un empleado. Después de todo, cuando pasas casi la mitad de tu vida trabajando para una empresa, sufrir una lesión grave puede parecer una mala recompensa. Cuando una empresa decide investigar un reclamo de compensación laboral basado en su incidente en el lugar de trabajo, esto puede agregar insulto a la lesión. Puede sentir que su empresa no confía en usted o que es injusto que lo sometan a una revisión después de todo lo que ha pasado.

Los conductores en los Estados Unidos pagan un promedio de alrededor de $ 150 por mes por el seguro del automóvil. Mientras que para algunas personas esto no parece mucho dinero, para otras parece demasiado para pagar. Independientemente de las finanzas personales de uno, Carolina del Norte requiere que los conductores tengan al menos un seguro de responsabilidad civil para que, si causan un accidente automovilístico, la persona a la que golpean no sufra. Sin embargo, las estimaciones de conductores sin seguro aún rondan el 10 por ciento.

Getting injured on the job is one of the most frustrating and discouraging things that can happen to an employee. After all, when you spend nearly half of your life working for a company, it can feel like poor payback to be seriously injured. When a company decides to investigate a claim for workers’ compensation based on your workplace incident, this can add insult to injury. You may feel as though your company does not trust you or that it is unfair that you should be subjected to a review after everything you have been through. 

However, because workers’ compensation is paid out by insurance companies that have a financial obligation to protect their company’s well-being, they can investigate claims to ensure there are no fraudulent cases. While being subject to an investigation may make you feel uncomfortable, if you have a legitimate workers’ compensation claim and a great attorney by your side, you have nothing to worry about. 

What Do Insurance Companies Investigate? 

Insurance companies paying workers’ compensation want to see employees get to work and stop collecting workers’ compensation payments as soon as possible. When claims are filed for significant or permanent injuries, insurance companies may be especially motivated to make sure they are not making enormous payouts based on fraudulent claims. 

Drivers in the United States pay an average of about $150 per month for car insurance. While for some people, this does not seem like a lot of money, to others, it seems like too much to pay. Regardless of one’s personal finances, North Carolina requires drivers to have at least liability insurance so that if they cause a car accident, the person they hit does not suffer. Yet, estimates of uninsured drivers still hover around 10 percent.  

If you do get into a car accident that was caused by someone without car insurance, you may naturally feel distraught. After all, why should you pay for damages that you did not cause? With the help of a Raleigh personal injury attorney, you may be able to recover compensation for your injury and property damage, even if the other driver does not have car insurance.

What Steps Should I Take After Getting in a Car Crash with an Uninsured Driver? 

Taking the proper steps immediately following an accident can protect your options when it is time to pursue compensation. If you are hit by an uninsured driver, be sure to do the following if it is safe: 

Según la ley de Carolina del Norte, cualquier cargo por robo, sin importar el valor, se considera "robo". Los cargos de hurto, que caen bajo el paraguas de delitos penales de delitos contra la propiedad, pueden variar desde delitos menores hasta delitos graves. Las condenas pueden dar lugar a penas severas, como servicio comunitario, tiempo en la cárcel y multas elevadas. Sin embargo, una de las consecuencias más preocupantes de una condena son los antecedentes penales posteriores, que pueden empañar la reputación y dificultar la obtención de un empleo.

Afortunadamente, podría haber circunstancias atenuantes en su caso de hurto que reduzcan sus posibilidades de condena. Un abogado defensor penal puede explicar los cargos y las posibles sanciones y ayudar a construir una defensa eficaz.

Under North Carolina law, any theft charge, no matter the value, is considered “larceny.” Charges of larceny, which fall under the criminal offense umbrella of property crimes, can range from misdemeanors to felonies. Convictions can result in stiff penalties such as community service, jail time, and hefty fines. One of the most troubling consequences of a conviction, however, is the subsequent criminal record, which can tarnish reputations and make securing employment difficult. 

Fortunately, there could be mitigating circumstances in your larceny case that reduce your chances of conviction. A criminal defense attorney can explain charges and possible penalties and help build an effective defense.

Two Types of Misdemeanor Larceny

Under the law of North Carolina, shoplifting or stealing merchandise from a retail store is divided into the following two categories.