As defined under Arizona law, estate planning is planning the management and the disposition of your assets while you are alive and after your death. It also includes planning for your healthcare in case you become incapable of taking care of yourself. With the help of an Arizona estate planning lawyer, you can rest assured that your life’s work will be well taken care of.

In Arizona, if you die without a will, you may not have proper representation, and your family might be left fighting over your assets. If this is the case, Arizona will decide the successor to your property. It is best to hire a lawyer to get your affairs in order before it is too late. A good lawyer can interpret the maze of laws on property rights, taxes, probate and trusts.

Arizona estate planning lawyers can help you decide how to transfer property and resolve other financial and personal matters including retirement funding and tax planning. Most importantly, they can guide you through the process of making a will. They can help you set up a trust naming who will hold your property until your death and disperse the property according to your will.

Before hiring an estate-planning lawyer, you should verify his/her expertise and credentials because estate planning is a very important process in your life. To find an estate-planning lawyer, you can check with the State Bar Association of Arizona, or you can search on the Internet. There are a variety of links and resources about lawyers and law firms in Arizona.

How is DUI or “Driving Under the Influence” different from DWI or “Driving while Intoxicated or Impaired?” It may be difficult to differentiate one from the other. But while both refer to maneuvering a motor vehicle while under the influence of illegal drugs or alcohol, the two vary in degree and details. It is noteworthy that different states in the U.S. treat DUI or DWI cases in different ways. Interestingly there are states that do not make a distinction between the two i.e. New Jersey and Virginia. Having the knowledge about DUI or DWI is essential in case you get charged for any of these offenses.

DUI is categorized as a misdemeanor and is in general considered less serious as it pertains to a lesser degree of intoxication. Thus penalties are lesser in severity. DUI can either be a criminal case or a civil case depending on the circumstances. It is considered a civil case if the offender is below 21 years of age. Otherwise, it is considered criminal. If the breathalyzer or blood test result is found to be under the legal alcohol limit, it is a civil case.

As for the punishments, someone arrested due to DUI for the first time will be fined a maximum of $5000 with no imprisonment. At the same time, the offender will have to undergo a minimum of 30 hours of community service as well as an alcohol awareness program. If caught again for the same violation, a higher fine with imprisonment is most likely the punishment.

On the other hand, DWI also known as Operating While Impaired or OWI is considered a greater offense. Like in DUI, the case can either be civil or criminal. A civil case implies that the offender is below the age of 21 and has tested above the legal limit of 0.10% or 0.8% BAC when subjected to a breathalyzer or blood test. Note that the legal alcohol limit varies depending on the state where the offense took place. In Arizona, for example, 0.8% BAC is the limit. A civil case of DWI can still be charged albeit the person’s refusal to go through sobriety test. If proven guilty, the offender will be fined a maximum of $5000, suspension of the offender’s driver’s license and imprisonment for a time depending on the number of violations the person had.

A criminal case of DWI is the most complex of all. This case involves someone above 21 years of age, has undergone sobriety test and found to have a BAC over the legal limit. Classified as a higher class of misdemeanor, someone proven guilty of a criminal case of DWI will be fined a minimum of $2000 plus imprisonment for at least 3 days. Alcohol awareness training may also be required.

Do I need a Paralegal, or a Legal Document Preparer?

Recently I accompanied a friend to a consultation with an Attorney. She needed help with a no-fault divorce. The Attorney was very pleasant and helpful. Listening thoughtfully as my friend explained her situation. Then he began to tell her what he could do for her. My friend was very excited to have found this amazing Attorney who was so understanding, and who knew exactly what the step were that needed to be taken. She continued to be excited until he told her that her would need a $2,500.00 dollar retainer before he could start any work on her behalf. My friend clasped back into her chair and with her hands over her face and quietly began to cry. She composed her self long enough to thank the Attorney for his kindness and time, then explained that there was no way that she could come up with that amount of money.

On the way out of the office the Attorney handed my friend a card that read, Affordable Paralegal Solutions. He explained that a friend of his was a Legal Document Preparer. He said, “Give her a call. I’m sure she would be happy to help you”. We had never heard of a Paralegal or a Legal Document Preparer before. That is were my quest to untangle the differences between the two began. The card my friend received from the Attorney had both terms on it, but do they preform the same services? This is what I was able to find out.

Paralegal

A paralegal is often referred to as a legal assistant, and that may be a more accurate description of the service they provide. A paralegal in most cases works under the supervision of an Attorney assisting them in almost every aspect of their work. A paralegal is not allowed to accept legal cases, give legal advise, or represent clients in court. A paralegal in many cases has a degree in paralegal studies, on the job experience or, preferably both. Is some cases the paralegal started out as a legal secretary, then went on to get a Degree in Paralegal Studies. Paralegals can also work as independent contractors providing services to smaller law firms and private practices. So given this information, how could my friend receive help from a paralegal who can only work under the supervision of an Attorney? The confusion comes from the intermingling of the two terms, “Paralegal” and “Legal Document Preparer”.

Legal Document Preparer

Legal Document Preparers in my state have only been recognized since 2004. They are required to pass many standards and take a state test to become Certified by the States Supreme Court. It should be said at this time that not all states recognize or certify Legal Document Preparers, and for the states that do not all standards are the same. In our state someone applying to take the test must be finger printed, have a Degree in Paralegal Studies and intern under a licensed Legal Document Preparer for a certain number of years, or they must have been preparing legal documents under the supervision of an Attorney for 8 years or longer. Once licensed the they must complete an ongoing education requirement.

Once Certified by the State Supreme Court they no longer need to work under the supervision of an Attorney, and they can with out violating the law prepare and file legal documents under the direction of their client. Like the Paralegal they can not give legal advise or answer legal questions. Legal Document Preparers help individuals who are representing them selves by correctly filling out forms and in many cases filing those form with the correct court. So in my friends case the Legal Document Preparer was exactly who she needed to help her file her no-fault divorce, and she could do it for around $500.00 dollars. That is $2,000.00 less than the Attorney.

So why the confusion over the names?

Paralegals have been around for a long time. The term is familiar and in some cases they may preform some of the same functions under the supervision of an Attorney. The Legal Document Prepare is simply borrowing this familiar term to help describe the service they provide to the public, and the public is catching on quickly. Legal Document Preparers are springing up all over the country providing an affordable alternative to high priced Attorneys. They can provide a wide range of services all under the direction of their client. Some of the services you might receive are, No-fault or Uncontested Divorce, Annulments, Family Law Issues (Paternity, Child Support, Custody, and Modifications), Wills and Trusts, Deeds, Name Changes, Business Formations, LLC’s and more depending on the state you live in.

So my friend got her divorce prepared by the Legal Document Preparer. She was extremely satisfied with the service she received, and it only cost her a fraction of what the Attorney would have charged.

By filing a petition for a K1 Fiancée Visa, you can bring your foreign fiancée to the US. The K-1 Visa allows the fiancée to come over to the US and marry you within 90 days of entry. Following the marriage, your foreign spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS, while you submit your Affidavit of Support. This would help your fiancée become a lawful permanent resident.

The rules state that the marriage with your foreign fiancée must be legally acceptable in the US state where the marriage is supposed to take place. The general requirement according to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) is that you and your fiancée must have met within the past two years. However, certain exceptions are granted depending on individual cases where you or your fiancée belong to any of the cultures that prevent pre-marital meeting.

The petition you need to file is the Petition for Alien Fiancé(e), Form I-129F with the office of the USCIS that serves your area. On approval of the petition, it is processed at the National Visa Center before being sent to the embassy or consulate of your fiancée’s country. This is where she will apply for the K-1 nonimmigrant visa. In spite of being a nonimmigrant visa, your fiancée requires to meet some demands of the immigrant visa since she is actually allowed to immigrate to the US and marry an American citizen within 90 days of arrival.

Your fiancée will be guided in all the requirements by the consular section of the embassy or consulate where she applies for the K-1 visa. This includes details regarding documents to be presented, medical examination, and interview. The time taken for processing the K1 fiancée visa depends on individual circumstances.

The J1 visa is issued to the foreign exchange students who have traveled to the United States for the reason of getting some training or some sort of education. As per the clause of the J1 visa the people traveling to the United States on the J1 visa would be required to stay in the home country for the next two years post the completion of the training in the U.S for which the visa was issued in the first place.

The basic reason for this requirement defined by the US government, is that the person who has acquired the advanced skills and knowledge from the U.S by the virtue of the exchange visitor program, he or she should go back to the home country and spread the knowledge to people there. But there could be a lot of reasons and requirements because of which the visitor might not be able to travel back. Under such situations there is a provision of waiver of such clause at the discretion of the United States government.

This J1 visa waiver is suitable for the people, who falls in any of the under mentioned categories.

Like medical graduates who had originally entered in to the United States and now post the completion of the education they would like to stay back in the United States.
People who are foreign nationals and had come to the US. For the purpose of participating in any of the government funded programs, the same would also apply to the programs those are funded by other countries in the United States or by other international organizations.
The people who are foreign nationals, who had attended the exchange program and are now required to go back to their home country but there the knowledge would be of little or no importance due to the lack of the resources there.
If the J1 visa holder is able to obtain a NOC or a no objection certificate from the government in his home country.
If the project the J1 visa holder is working on is of importance to the federal government or any of its agencies, in that case the federal government might choose to waive off the clause.
If by the compliance of the J1 visa clause would be subjecting the spouse and the children of the person to a lot of hardship and problem then again the case could be reviewed for a waiver. But under such a situation the children and the spouse of the person has to be a citizen or atleast a permanent resident of the United States.

Canadian citizen professionals often find themselves in a bit of a quandary when initially researching the various U.S. immigration work visa options available to them. Assuming that they are not transferring from a Canadian company to its U.S. office, and therefore the L-1 visa is not available to them, Canadian citizen professionals typically find themselves contemplating the TN visa and H1B visa and the differences or similarities between the two.

TN Visa Overview

The TN visa is a nonimmigrant work visa for professional workers who are citizens of Canada and Mexico and whose specific occupations appear on the schedule created by NAFTA (Appendix 1603.D.1 of NAFTA). Included in the occupation list are numerous professions, ranging from architects, computer analysts, technical writers, accountants, and social workers to those falling within the medical and science professions, such as pharmacists, physicians, astronomers, and biologists. The TN visa is particularly beneficial for Canadian citizens as they can process their applications directly at a port of entry without obtaining prior USCIS approval or without going to a consulate for a visa stamp.

H1B visa Overview

The H1B visa is a nonimmigrant work visa under the Immigration & Nationality Act, section 101(a)(15)(H), for professional workers from all over the world that allows foreign nationals to be temporarily employed in the U.S. in a specialty occupation. A specialty occupation is defined as requiring theoretical and practical application of a body of highly specialized knowledge in a field of “human endeavor.” Some common occupation categories are as follows: computer and internet technology, marketing, law, accounting, finance, mathematics, architecture, engineering, sciences, medicine, education, business, arts, public relations, various technology fields, fashion, etc. With the exception of fashion models, the H1B visa requires at a minimum the attainment of a bachelors degree or its equivalent and state licensure if required.

TN visa v. H1B visa

When deciding between the TN visa and the H1B visa, a Canadian citizen may want to consider the following details.

Visa Duration: H1B visa is granted in three year increments for a max period of six years (unless a labor certification has been pending for at least one year or he/she has an approved I-140). Thereafter, an H1B visa holder must leave the US for at least one year in order to avail himself or herself of more time on the H1B. In addition, any time spent on the L-1 Visa is also counted towards the six year period. TN visa is granted in three year increments for an unlimited period of time.

Ease of Obtaining: The H1B visa can only be obtained after an employer files a Labor Certification Application and submits a lengthy I-129 application to USCIS regarding the details of employment. The TN Visa can be obtained directly at a port of entry with a detailed letter from the employer concerning the position and evidence from the Canadian citizen concerning how he or she qualifies for the position.

Timing – Initial applications: Unless the H1B employment will be at a non-profit research organization or a university, you can only initially apply for the H1B visa on April 1st. You can apply for a TN visa anytime during the year.

Start date – initial applications: Unless your H1B employment will be at a non-profit research organization or a university, you cannot start working any earlier than October 1st, following the April 1st application date. You can start working in the TN status as soon as your application is approved at a port of entry.

Quotas/Lotteries: The H1B visa has a max quota of 65,000 every year for the regular category and 20,000 for the masters degree category. When this cap fills up as it always has in recent prior years, there is an H1B visa lottery. The lottery means that some people who apply and qualify for the H1B visa will not get it due to the large number of people applying, as some applications will not make it through the lottery. There is no quota or lottery at all with the TN visa. If you apply and qualify and have presented a professionally prepared application then you will receive the TN visa (also assumes you don’t have any grounds of inadmissibility).

Government Filing Fees – Initial applications: At a minimum, the H1B filing fees are a total of $820 for those who will be working at a non-profit research organization or university. At a maximum, the H1B filing fees are a total of $2,320 for those who are working at a company with more than 25 full-time employees. This doesn’t include the $1,000 for premium processing. The TN visa has a government fee of $56.

Renewals/Extensions: Unless a Labor Certification Application has been pending for a year or more or you have an approved I-140, the H1B visa can only be renewed for a max of six years. In theory, the TN can be renewed indefinitely.

Dual intent: The H1B visa allows for dual intent, which means an individual in H1B status or an individual applying for an H1B visa can have immigrant intent, i.e. they can have an intent to reside permanently in the U.S. and apply for a green card. One cannot have an immigrant intent when either applying for the TN visa or while in TN visa status.

Transition to a Green Card: The transition to a green card can appear at first glance to be problematic for a TN visa individual because of the fact that the TN visa doesn’t have dual intent, unlike the H1B visa status. However, there are ways around this issue without transitioning to the H1B visa status. One of the ways which has been successfully used by many individuals is to consular process their green card in Canada as opposed to adjusting their status in the U.S. If one is in the H1B status, they can adjust status to permanent residency inside the U.S.

Conclusion

As you can see from the above, the TN visa is quite favorable to Canadians who fall within one of the occupation categories of the visa. For the most part, it’s much more sensible than the H1B visa. One of the only few perceived advantages of the H1B visa is the dual intent aspect, but, contrary to popular belief, one can properly navigate the dual intent issue in the TN status with the assistance of effective and experienced legal counsel.

In order to carry out the K1 fiancee visa application processes flawlessly, it is the right option to hire an immigration attorney. Any small mistake in the application will result in unexplained delays in processing the application. An immigration attorney knows everything there is to know about visa processes and immigration laws. You can rest assured nothing will go wrong, with your attorney telling you what to do and the right way to do it. Immigration attorneys could give you valuable legal advice and help in quicker visa issuance.

Requirements for the K1 Fiancee Visa

The K1 visa is a non immigrant visa for an American citizen to bring his bride-to-be of foreign nationality to the US for marriage and life thereafter. The K-1 visa is only issued if the American citizen and the foreign individual are legally eligible to marry under the laws of the particular state in the US as well as that of the fiancee’s native country. The US national and the foreign bride-to-be must marry within 90 days of the fiancee entering the US. The US citizen and the fiancee must have met at least once in the past two years. This is a flexible norm though, and is not imposed on applicants whose cultures do not permit meeting before marriage. The K1 fiancee visa is only eligible for foreign nationals who wish to enter the country with the primary aim of marrying the US citizen.

Processes Made Easier with Immigration Attorney Services

The embassy or consulate in the fiancee’s country is where he/she submits the application required for immigration to the US. Once the Form I-129F submitted by the American fiancee with the USCIS is approved, it is sent to the National Visa Center for processing before being sent to the embassy or consulate of the country where the foreign fiancee would apply.

When you hire an immigration attorney for the K1 fiancee visa, you are guided throughout the processing. The immigration attorney takes care of all the paperwork and other requirements, and takes full responsibility of getting your petition approved.

Understanding Your Legal Options In A Divorce

Although you may not always need a divorce lawyer to file for and handle your divorce, the divorce process can be complicated at times and there are situations in which consulting a divorce lawyer is a very good idea. You should base your decision on the complexity of your individual case and your level of comfort with your pending case.

“Uncontested” divorces, for example, in cases where the spouses are in agreement about important aspects of the split, that involve no children and very little community property are fairly simple to dissolve and you may decide that you are comfortable with filing this action yourself.

On the other hand, a couple that has been married for 20 years, have children, a marital home, pension plans, joint checking accounts or credit cards and the like may find that drafting their own divorce paperwork and handling the property distribution is far too complicated. Regardless of how long you’ve been married, there may also be complicated tax issues to consider as well.

Your decision may also depend on whether or not the divorce is contested. When both parties agree to divorce, they may be able to reach an amicable settlement on their own. However, when one of the parties chooses to fight for custody, spousal support or other assets, it is typically wise to hire an attorney to handle your case.

If you do decide to file your own divorce, many states have taken steps to simplify the process and offer virtual “self-serve” centers to help you handle your own legal affairs. Arizona, for example, provides downloadable forms as well as an online interactive program to help you complete the necessary forms for legal separation, divorce and other family law actions.

So, while you don’t “need” a lawyer to get a divorce, there are many cases in which the complications incurred by long marriages, the presence of children, or of significant marital assets (i.e.: money or property) warrant the involvement of a family law attorney.

When it comes to credit card debt in a divorce, negotiations are usually conducted to assign a portion of the debt to each spouse. Measures also need to be taken to guarantee that any credit card debt incurred by one spouse or failure to pay existing debts by that spouse don’t affect the other after the divorce.

In general, both spouses are liable for any debt incurred during the marriage, if both are co-signers on the credit card. In non-community property states, if the credit card is in one spouse’s name and the other is an additional cardholder, only the spouse whose name is on the card will be responsible.

The exception to this rule is in community property states, which are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, where both spouses are liable for debt incurred by just one partner.

When deciding to separate, determine if your state requires that separation be made legal in order for the responsibility of debts be separate, as well. Some states define that point as the moment spouses cease to live together and others define it some other way. Look into that to prevent one spouse from running up credit card debt during the separation before the divorce.

To make sure that all existing debts are accounted for during the divorce process, the credit scores of the two individuals should be obtained. This ensures that there are no hidden debts in existence that both people may be held accountable for later on. There is a need to make sure that all the debt is known and assigned to a particular spouse during the divorce proceedings.

Remember, creditors are not bound by agreements made in divorces. They are eligible to go after either spouse when it comes to collecting on a joint debt. So, separating joint debts onto separate, personal credit cards is highly recommended.

In order to guarantee that you are not responsible for any additional debts incurred after the divorce, be sure to cancel any joint credit cards. At the very least, make sure to remove your name from those cards, which will end your liability for the debts accumulated on them after the divorce. Also, make sure to cancel your spouse’s authorization to any accounts specifically in your name.

To protect against your ex defaulting on debt’s allocated to him/her in the divorce or filing for bankruptcy, certain language should be included in the divorce judgment. A “hold harmless” clause should be included that protects one spouse from the other attempting to shift responsibility of a debt from him or herself.

Also, including an “indemnification” clause will allow a spouse who suffers from the lack of payment of the other to collect any losses incurred because of the default. Such losses include any payments made toward the debt or legal fees incurred in defending against a collection or incurred to force the other spouse to court to honor the divorce judgment.

When it comes to credit card debt and divorce, the main piece of advice is to eliminate any joint debt and turn it into personal debt. This ends your liability for your ex’s debt at the time of divorce. It’s possible to make some sort of arrangement in the divorce for the payment of these joint debts, but you’ll be forced to take your ex to court if s/he doesn’t honor it.

Get rid of the headache and the stress; get rid of joint debt during a divorce.