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Defeat COVID-19: Shelter in Place-Temporary Measures

The Law Offices of Derek Lim is ready, willing and able to meet legal service needs of our clients. However, amid the COVID-19 outbreak and to comply with the “Shelter in Place” directive issued by the San Francisco Bay Area authorities, our physical office is temporarily closed starting from March 17, 2020 until further notice. Read More

Fremont Immigration And Personal Injury Law Blog

U.S. cracks down on immigrants that have received public benefits

Legal U.S. immigrants hoping to secure a green card may now be denied if they previously received certain public benefits. The Department of Homeland Security (DHS) recently implemented a final rule that adds new restrictions for people hoping for an adjustment of status.

Here is an overview of what is changing and who will be affected:

How the coronavirus is impacting students studying abroad

As world leaders react and respond to the coronavirus, many healthy people are now beginning to feel a disruption in their day-to-day lives. That includes students. Every year, thousands of young Americans leave the U.S. to take part in international programs. At the same time, others come to the U.S. in order to secure a specific education.

Here is a look at how the dangers posed by the coronavirus are impacting those individuals studying abroad:

The most common car accident causes and how to avoid them

California drivers need to take precautions while behind the wheel. Being aware of some of the most common types of accidents and how to avoid them can help drivers steer clear of trouble while on the road.

According to the Insurance Institute for Highway Safety, front-impact collisions accounted for over 50% of serious crashes in the year 2016. It is common for these types of accidents to occur when roads are slippery because of rain or snow. Drivers should give themselves more time to react when driving in inclement weather and avoid distractions while driving. Using a cellphone or fiddling with the radio while driving can lead to serious accidents.

New provision allows some Liberians to apply for green cards

California residents who immigrated from Liberia may be eligible for a green card and citizenship under a provision originally introduced by two senators as an individual bill. Some of the 4,000 Liberians who can apply have been in the country for decades, arriving from approximately 1989 to 2003. The country suffered a civil war and an Ebola epidemic, and the economy there remains unstable.

Many arrived as part of the Temporary Protected Status program, which was ended by the Trump administration in 2017. Most qualified for the Deferred Enforced Departure program, which helped them avoid deportation. Although President Trump said he would end that as well, the deadline was extended to March 30, 2020. A lawsuit was filed claiming that returning the immigrants to Liberia would be discriminatory based on national origin and race. Some of the Liberians are also protected under the Deferred Action for Childhood Arrivals program.

Common contributing factors of semi-truck wrecks

Semi-truck crashes devastate families because even if the victims survive, there is a chance that they will suffer long-lasting impacts. It is imperative that victims of these crashes understand their rights and responsibilities. One thing that they might opt to do is to seek compensation for the damages they have to endure because of the wreck.

When you pursue compensation, you will need to be able to tie the crash to the defendant's negligence. Determining the cause of the wreck is one way that you can do this. There are many things that can contribute to these incidents, so anyone in this position should understand a few of the most common.

LGBT asylum seekers face separation at border

Asylum seekers in California who cross the border with a partner in hopes of avoiding persecution for being gay may face separation once they arrive in the United States. The problem is that only married couples are guaranteed to be kept together during processing and while waiting for a case to be heard. However, many gay couples arrive from countries where same-sex marriage is illegal.

This was the case for two men who came to the United States from Honduras. They often faced harassment on the street for being gay as well as getting threatening messages on Facebook from strangers. The men finally decided to seek asylum and traveled by bus to the Mexican border, unaware that they would be separated on arrival. One man was sent to Colorado and the other to Louisiana. They faced the possibility of never seeing one another again. Colorado's rate of approving asylum applications is 22%, but in Louisiana, it's under 10%.

Opioid use a possible factor in fatal two-car collisions

Residents of California who take opioids are no doubt familiar with their effects, which include psychomotor and cognitive impairment. This is especially true for those who are treating acute injuries like burns and broken bones whereas those on a chronic, stable prescription can develop a tolerance for the drugs and not be as affected.

The fact remains, though, that many opioid users go out on the road and endanger others. In 1993, 2% of all car crash initiators had opioids in their system. In 2016, it was 7.1%. Not only that, but a recent study is associating opioid use with many fatal two-car crashes. The results were published by JAMA Network Open.

The asylum deal leads to the deportation of migrants to Guatemala

California residents may be interested in the bilateral agreements the Trump administration has made with El Salvador, Honduras and Guatemala. The agreements are designed to ensure that each country shares the distribution of asylum claims. Officials are hoping that these agreements will curb the practice of seeking asylum in the U.S. as opposed to the countries that migrants have to travel through before crossing the U.S.-Mexican border.

On November 21, 2019, the United States deported an asylum seeker from Honduras to Guatemala City. This was the beginning of the operative stage of the bilateral agreement that has been brokered with countries in Central America's Northern Triangle. More migrants from Honduras and El Salvador are expected to be rerouted to Guatemala to seek protection if the U.S. government deems them as ineligible for asylum.

Truck deaths rise, efforts to mandate truck safety tech stall

In 2017, a total of 4,102 people in California and across the U.S. died in large truck crashes. The majority, 68%, were occupants of passenger vehicles while truck occupants made up 17% of the fatalities. This number represents a 28% increase from the number of truck crash fatalities in 2009. It's an alarming trend, and numerous safety groups have been pushing for new safety tech on commercial trucks as a way to combat it.

For example, forward crash avoidance and mitigation systems are proven to help prevent rear-end collisions, many of which are caused by distracted or drowsy truckers. On at least 10 occasions since the 1990s, the National Transportation Safety Board has petitioned the National Highway Traffic Safety Administration to create a regulation that would mandate these systems on all heavy trucks. Yet the NHTSA has not come up with a proposal for such a rule.

Understanding E1 and E2 visa requirements

If you are currently applying for a visa so that you can live and work in the United States, you will know that often the legal jargon and complex requirements can be overwhelming. If you are already in the U.S., you may worry that there is a risk of deportation if you do not get the appropriate visas. You may also be concerned about how your family, especially your young children, could be affected by this.

If you are seeking to gain an E1 or E2 visa, make sure that you understand the difference between the two, and that you have a clear understanding of the requirements. The following is an overview of both E1 and E2 visas.

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