All posts by Héctor E. Quiroga

Changes in Immigration Law with Executive Order | Effects in Spokane and Eastern Washington

President Barack Obama has announced his position regarding his policy on immigration. It is clear that the President waited this long so as not to affect the past midterm election, but it is also clear that a disregard to immigration policy will hurt both Democrats and Republicans at the voting polls. 
The comprehensive immigration reform is a bill that had President Obama’s blessing, and was approved by the Senate, but it languished in the House of Representatives for over two years; thus, forcing the President into taking the executive action route.
 
This executive action will benefit many immigrants who qualify. This benefit will be temporary and could be lost if the political landscape changes (i.e. a Republican President is elected in November 2016 and takes office in January 2017). A new President can simply cancel, or otherwise reverse the executive action issued by President Obama. This does not include the massive opposition the Republican Party will likely (as it has already promised) put forward in the upcoming months.

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Once again, Obama gets squeezed on immigration

WASHINGTON — The Republican takeover of Congress may have shaken up Washington, but it has left President Obama in the same position on immigration: squeezed between angry congressional Republicans and even angrier immigration advocates.
House Speaker John Boehner, R-Ohio, and incoming Senate Majority Leader Mitch McConnell, R-Ky., urged the president to hold off on a long-promised executive action that would legalize millions of undocumented immigrants.
Rep. Mario Diaz-Balart, R-Fla., one of the strongest Republican proponents of an immigration bill that would grant legal status to undocumented immigrants, said such a move by the president would be the equivalent of “pulling the pin off a hand grenade and tossing it into the middle of the room.”
Sen. Lindsey Graham, R-S.C., one of the co-authors of a bipartisan bill passed by the Senate last year, said it would “poison the well,” a phrase repeated by other GOP leaders.
Immigration advocates say they’ve heard that song before.
“That well hasn’t had water for a long time,” said Ali Noorani, executive director of the National Immigration Forum.
Immigration groups are responding in full force. Hundreds of undocumented immigrants are likely to rally outside the White House on Friday, followed by protests, marches and hunger strikes in the weeks to come. They were already fuming over Obama’s decision to postpone his executive action after setting a summer deadline, and they say they won’t let him get away with missing his latest promise to act before the end of the year.

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Spokane Fiancé visas: What You Need to Know to Start Here

Want to bring your beloved across the U.S. border and into Spokane? Fiancé visas are fairly simple to get — for those who follow the rules.
Any citizen of the United States or legal resident — a green card holder — can petition to bring his or her betrothed into the country in order to marry and become a permanent legal resident. To qualify for a Nonimmigrant Visa for a Fiancé (K-1 visa), however, you must meet federal government guidelines.
As with all government programs, fiancé visa applications can require multiple forms and instructions can be confusing. What’s more, petitioners with a criminal history, especially one involving domestic abuse or violence, as well as those who have filed fiancé visa petitions before may need special help obtaining a visa for a fiancé.

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Becoming a U.S. Citizen in Spokane

Becoming a U.S. citizen in Spokane is a crucial step toward security and independence — and is a good idea for every immigrant, depending on eligibility.
Citizenship can be a wonderful thing. It confers a long list of rights on its holder, including the right not to be deported. Green-card holders don’t have that security. If you’re convicted of a crime in the U.S. but you’re not a citizen, you could find yourself on a plane headed back to your country of origin — with a one-way ticket.
If you’ve been in this country for at least three to five years and you’re not a citizen, then isn’t it time to do so? If you plan to remain here, give yourself some peace of mind and become an American. A good attorney may smooth the process, and advocate for you when and where. The Quiroga Law Office focuses in immigration law and naturalization, and will be there with you every step of the way.
Don’t wait a minute longer to claim your rights: Call the Quiroga Law Office, PLLC today at (509) 927-3840 and take the first step toward U.S. citizenship. You will be glad you did.

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Visa Petitions for Family Members: The In’s and Out’s

If you want to bring family members from another country to Spokane, you’ll need to file visa petitions for them.
Before doing so, though, you must decide what kind of visa works best in their case: immigrant visas, for those coming to the U.S. to stay, or non-immigrant visas, for tourists or those coming for a limited visit.
Adding to the complexity of this formula is the government’s wish to regulate the numbers of immigrants coming in from any particular nation. Those wishing for U.S. immigrant visas for family members from China, Mexico, India and the Philippines will face longer waiting periods than those from other countries whose residents apply less frequently.
One glance at the latest Visa Bulletin and its confusing language and charts may make the process of petitioning for family visas seem daunting — but don’t be discouraged.

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Undocumented? A Waiver for Unlawful Presence Can Save Your Family

If you marry an undocumented immigrant in Spokane, your spouse will need to obtain a waiver for unlawful presence from the U.S. government if he or she wants to remain in our country. Don’t panic, though: Getting this waiver is often easier than you might think.
Federal agencies would prefer, of course, that everyone living in the U.S. had followed all the rules in coming to our country and remaining here.
Now, though, the Provisional Waiver for Unlawful Presence allows the petitioner to remain in the country while awaiting forgiveness and a visa. The only catch is this: for the visa to be valid, the petitioner must leave the country, head to the nearest embassy, and submit to an inspection before getting a U.S. passport and visa. The time spent away from home and family could be a month or more.
Does not getting a waiver for unlawful presence mean a couple must remain apart? Not necessarily. Those who are denied simply must leave the U.S., wait a year or two, then apply for clemency and a visa.
One thing you should not do, however, is attempt to apply for a waiver for unlawful presence on your own. In Spokane, Quiroga Law Office practices immigration law, and is here to help. If you’re in Spokane County and need an I-601A Provisional Waiver for Unlawful Presence, call us today at (509) 927-3840.

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Recorded Statements in Auto Accident Collisions

Recorded Statements are almost always required by an insurance company when there is an auto collision. Adjusters will contact you after you file a claim and tell you they need to take the statement. It is very much standard practice and there seems no way to object or to decline taking a recorded interview. The issue with this of course is that no many people like to be recorded in a conversation. Adjusters and insurance company attorneys can and will use the statement against you. They will tell you that you have said this and that, in a recording, to simply devalue your claim or deny coverage.
Most out policies do require cooperation with the insurance company, but they do not require you to be recorded while talking to them. You want to cooperate with them, of course, but agreeing to be recorded is not a requirement.

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Child Support After 18 — Is It Owed Or Not?

Termination of child support after age 18 can be a nebulous affair in Washington State.
Typically, 18 years is a milestone signifying the end of childhood. With adulthood come responsibilities including, one presumes, providing financially for oneself. For that reason, Termination of Support orders filed with a couple’s divorce decree usually set the child’s 18th birthday as the date support payments will end.
Case law, too, provides for extended support in certain circumstances, giving the courts the power to declare a child to be still a “dependent” at 18 and therefore entitled to support. Since the courts define “dependent” as someone who looks to another person for primary support, most 18-year-olds probably would qualify.
On the other hand, child support may end before the dependent turns 18. If the child emancipates himself from the parent providing the support, the parent’s payments for that child will end. The same applies if the child marries, or goes to work full-time and supports herself with the income.

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How Long to a Resolve Vehicle Claim? (Video Post)

Today I’d like to talk about vehicle accidents and injury claims and some of the most common questions that I get.
Well, insurance companies around the area, around Spokane tend to be pretty quick about getting people on the phone. The first thing they are going to ask for is a recorded statement.
The best option is to get a police report. If you get a police report, you can send it to the insurance company and say, “Hey, the accident did happen. Here is proof of that.” It was your insured who hit me, please send somebody out to inspect the vehicle and get this process going.
It’s very important that you have Uninsured Motorists Coverage. If you don’t have those coverages in Spokane, I think it’s estimated that about 30 to 40 percent of the drivers out there have no, they don’t have either of those coverages. They are uninsured, or they don’t have enough liability coverage to protect you. So,it may be an accident where you’re not at fault at all, and they still are coming for you to. You’re still going to be left to pay your own damages even though you had nothing to do with the accident.

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Vehicle Damages and Rental Coverage

Most people are surprised to know that here in Washington once you’re in a vehicle accident insurance companies only require to you to give you three days of rental once a vehicle is declared a total loss. That’s it, three days by statute so, even if you have full coverage and you have a rental coverage specifically purchased in your policy the insurance covering is going to be able to say, “Hey, we deem the car a, a total loss, and therefore you have three days to get out of the car”. Then start paying out of pocket.
Well, as you and I know, three days is not necessarily the right amount of time to go shopping for an auto vehicle, to go find a, a suitable replacement.
It is three days from the date that they tell you that the vehicle is a total loss. Now, in some cases, the vehicle is obviously a total loss. Um, they just look at it and the vehicle is basically burned to the ground.
If you have any questions on your total loss process, or you have any questions about a personal injury claim, I’ll be glad to help you here in Spokane, Washington. You can reach me at Quiroga Law Office, PLLC at 509-927-3840.

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