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June 2011 Archives

Attorney's Fees Awards and Lawsuits

In Texas, attorney fees are available to be awarded to the winner of a lawsuit in limited circumstances. Some of those circumstances are when a statute provides for attorneys' fees or the attorneys' fees are based on a contract between the parties. Generally attorneys' fees are not awarded to the prevailing party in a lawsuit relating to a personal injury matter such as a car accident. When attorneys' fees are awardable under a contract, you must show that you prevailed in the lawsuit for the contract before you can be awarded attorneys' fees. Attorneys' fees are often termed a tagalong claim in that if you are not the prevailing party in the lawsuit the court is without ability to award you attorneys' fees at all. This means that you must receive at least nominal damages in order to be entitled to attorneys' fees.

Immigration Consequences of a Criminal Conviction

Criminal convictions are the most obvious obstacles immigrants face towards entering or remaining in the United States. Criminal convictions can affect the eligibility of any non-citizen or permanent resident (i.e. green card holder) to continue living in the United States. Furthermore, criminal misconduct that does not result in a conviction can still prevent a person from entering the U.S. or become subject to deportation proceedings from the United States.

Fiancée Visa

A United States citizen can apply for a visa to allow his or her fiancée to come to the United States and get married in the United States. The U.S. citizen must prove that he/she intends to marry the beneficiary, that they are able to be married, that the petitioner is a U.S. citizen, and that the couple have had a meeting together in person within the past 2 years (except if impossible due to circumstances beyond their control). The petitioner must also meet certain income requirements (normally 125% of the current poverty level). The fiancée must also meet certain standards some of which include having no criminal record. Once Bureau of Citizenship and Immigration Services approves the petition and sends it to the U.S. Consul, the fiancée will have an interview with Consul.