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	<description>Legal Topics</description>
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		<title>Divorce and Your Emotional Needs: What You Should Know to Survive Your Divorce</title>
		<link>http://marotolaw.com/topics/?p=153</link>
		<comments>http://marotolaw.com/topics/?p=153#comments</comments>
		<pubDate>Wed, 04 Aug 2010 13:29:16 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[separation]]></category>

		<guid isPermaLink="false">http://marotolaw.com/topics/?p=153</guid>
		<description><![CDATA[by Dr. Deborah Hecker
While a divorce can be one of the most traumatic events of an adult&#8217;s life, the keys to dealing with divorce can be found in the behavioral patterns of early childhood. Dr. Deb Hecker explores the similarities between developing oneself as a human being and redeveloping oneself as a newly single person. [...]]]></description>
			<content:encoded><![CDATA[<p>by Dr. Deborah Hecker</p>
<p>While a divorce can be one of the most traumatic events of an adult&#8217;s life, the keys to dealing with divorce can be found in the behavioral patterns of early childhood. Dr. Deb Hecker explores the similarities between developing oneself as a human being and redeveloping oneself as a newly single person. Understanding these similarities and how to better address the psychological issues of divorce can make the process easier and much less painful to endure.</p>
<p><strong>Introduction</strong></p>
<p>The transition from being part of a couple to being successfully divorced has as much to do with exercising emotional intelligence as it does legal intelligence. While a divorce attorney plays a vital role, some of the most difficult impasses in divorce are based upon unresolved emotional issues, not concerns over division of assets, property, or even custody issues. At these times, focusing solely on the facts or the content of the case simply cannot break the emotional stalemate.</p>
<p>Most of the literature on the psychology of divorce treats divorce as the death of a relationship and focuses on the necessity of grieving that death in order to move forward as a no-longer-married person. The end of a marriage can be as traumatic as the actual death of a loved one in its capacity to wrench life apart and carve out a piece of the soul. You may have experienced this emotional chasm which Abigail Trafford in her book Crazy Time, Surviving Divorce and Building a New Life refers to as &#8220;temporary insanity.&#8221;</p>
<p>In order to more fully understand why divorce is such a devastating transition and why otherwise nice people behave so badly during divorce &#8212; badly enough to inadvertently interfere in the process &#8212; it is crucial that you have a grasp of the psychology of separation. You should understand how transitioning from being part of a couple complete with the emotional, social, and financial security that comes from being a part of a team to being single and self-reliant can create such emotional upheaval.</p>
<p>The metamorphosis from being part of a marital couple to becoming a single, unattached person can best be described as a series of developmental stages paralleling the early years of the mother-child bond, as described by pioneering researcher, Dr. Margaret Mahler. In her groundbreaking book, The Psychological Birth of the Human Infant: Symbiosis and Individuation, Mahler outlines her model of child development which can be directly applied to the interactive characteristics of a couple&#8217;s relationship.</p>
<p>The following brief description of Mahler&#8217;s theory on separation-individuation provides the framework for understanding the process through which a child must transition in order to achieve a separate identity from its mother. After exploring the mother-child dyad, we will look at how it serves as the foundation for the marital relationship and what happens when that relationship dissolves.</p>
<p><strong>Child Developmental Stages</strong></p>
<p>Mahler saw the infant as being born into a normal autistic phase whose primary task is to establish equilibrium outside the womb. At around two months old, the infant&#8217;s sensitivity to external stimulation increases, and he moves into the symbiotic phase. The term &#8220;symbiosis&#8221; in this context is a metaphor describing the &#8220;undifferentiation&#8221; &#8212; a fusion with the mother in which the &#8220;I&#8221; is not yet differentiated from the &#8220;not-I&#8221;. According to Mahler, it is the symbiotic phase that becomes the template for all gratification, as well as empathy and love in future relationships.</p>
<p>At about five or six months, the differentiation phase begins, and the infant becomes more alert to his external surroundings &#8212; exploring both the mother and the environment. Using his body, the baby learns his outer physical boundaries, thereby experiencing greater differentiation from the mother. Soon thereafter, the practicing phase begins in which the child, according to Mahler, develops a &#8220;love affair&#8221; with the world, learning to crawl and walk away from the mother. Assuming she is comfortable with this leap of autonomy, the child will successfully enter the rapprochement phase, a difficult time when the child is more ambivalent about his growing independence and begins to manifest a lot of push-pull behavior. Finally, consolidation of individuality begins to take place and all previous mother-child interactions become internalized and begin to form the basis of the child&#8217;s feelings of well being and capacity for healthy future relationships.</p>
<p><strong>The Marital Couple&#8217;s Developmental Stages</strong></p>
<p>Using Mahler&#8217;s early-childhood developmental stages as a springboard, we can explore the evolution of a couple&#8217;s relationship.</p>
<p>The first stage of couplehood, that of being &#8220;madly in love,&#8221; can be likened to Mahler&#8217;s second stage of infant growth &#8212; symbiosis. The purpose of this stage is attachment. In this stage, singles begin merging lives and personalities and go through a period of intense bonding. If each person receives nurturance from the other during this stage and the agreement to form a couple is clear, the relationship will begin with a solid foundation. The partners conceptualize their relationship in terms of a fusion model; together, we shall be one. They look to each other for completion and fulfillment.</p>
<p>During the subsequent differentiation stage, individual differences emerge, and each partner is taken down from the pedestal and viewed more objectively. Greater boundaries are established. Disillusion and disappointment are inevitable.</p>
<p>Continuing the parallel with Mahler&#8217;s model, the couple enters a normal period of practicing in which each participates in activities and relationships away from the other. Separateness, autonomy, and self become more important than developing the relationship. Conflicts intensify, and a healthy process for conflict resolution becomes necessary in order for the couple to maintain an emotional connection while developing themselves in the world. After each has developed a well-defined, competent identity, the couple alternates between periods of increased intimacy and efforts to reestablish independence. This rapprochement stage achieves a balance between &#8220;me&#8221; and &#8220;we&#8221;. Finally, the couple reaches a stage of mutual interdependence where, ideally, two well-integrated people are individually and mutually satisfied.</p>
<p><strong>Loss of Mate: The Psychology of Divorce</strong></p>
<p>Inevitably, the early mother-child bond will fall short of perfectly meeting all of the child&#8217;s needs and desires. Looking to one&#8217;s spouse to meet these unfulfilled needs often becomes a convenient way to fill the gap in adulthood. Unconsciously, dependency is shifted from the parent to the mate who becomes the recipient of these unmet needs.</p>
<p>While this may appear on the surface to be a reasonable solution, it is, in fact, fraught with real problems. Left unattended, these problems can lead the couple to serious conflict, even divorce.</p>
<p>Let&#8217;s look at a common marital dynamic. The typical couple starts off their partnership in the symbiotic phase, the fusion model, where they are both working toward oneness. What happens if one partner transitions into the differentiation or practicing phase and begins seeking greater independence, while the other remains in the symbiotic phase, still yearning for the security of the marriage and locked in the maternal fantasy role? The result is likely to be a bumpy ride with one partner seeking closeness and the other distance, creating a kind of seesaw effect. With the help of a marriage counselor, some couples can remedy this imbalance. For others, the disparity is too difficult to change, and divorce becomes the only solution.</p>
<p>The depth with which marital partners touch each other in their intimate lives, striving to achieve a balance between closeness and distance, must be understood in order to grasp the severity of the loss through divorce. Losing a spouse who is perceived as a protector and savior, much the same way that a parent is perceived, can be a devastating and frightening blow. When you understand divorce in the context of uprooting a deep psychological anchor from its mooring, the dramas that attend the process are much easier to comprehend.</p>
<p><strong>Conclusions</strong></p>
<p>Since many, if not most, individuals in the midst of divorce will find themselves feeling alone and frightened at some point, it can be very difficult and sometimes nearly impossible for them to make rational decisions that are in their own best interest. People in this vulnerable state often become dependent on their divorce attorney &#8212; looking for someone to &#8220;take care of everything&#8221; and promise them a better life.</p>
<p>Fearing for your emotional survival, you may see the world through childish eyes, repeating the early behavior patterns described by Mahler. Instead of assuming that your attorney has all the answers, which he does not, you need to actively flex your independence muscles and collaborate with your attorney in constructing your future. Remember, it is your life.</p>
<p>In many divorces much of the time spent on the process revolves not on your legal needs but on your emotional needs resulting from the loss of your marriage. Understanding how the separation process provides ample triggers for hurt, sadness, anger and fear will help you avoid having those emotions throw up roadblocks to progress and interfere with successful legal resolution.</p>
<p>In some respects, matrimonial lawyers face many of the same challenges that trained psychotherapists do, but without the benefit of training in how to manage these emotions. While it is important for you to seek out a divorce attorney who can empathize with the multiple losses you are experiencing and can listen to your personal pain, it is critical that you assume responsibility for recovering from the emotional stress of your separation.</p>
<p>If you are overwhelmed by your feelings and find that they are affecting your ability to deal with the legal issues of divorce, it may be time to seek professional counseling. A counselor who specializes in separation and loss can help you to minimize the potentially destructive impact your emotions can have on the legal process as well as facilitate your acceptance of the divorce and your adjustment to life as an unmarried person. You must think beyond the immediate issues and work to ensure your emotional health both during and after the divorce. It&#8217;s too important to leave to chance.</p>
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		<title>Divorce Not Always Bad for Kids, Study Says</title>
		<link>http://marotolaw.com/topics/?p=151</link>
		<comments>http://marotolaw.com/topics/?p=151#comments</comments>
		<pubDate>Tue, 03 Aug 2010 18:39:40 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Family Law]]></category>

		<guid isPermaLink="false">http://marotolaw.com/topics/?p=151</guid>
		<description><![CDATA[In marriages with a lot of conflict, &#8220;staying together for the kids&#8221; might do more harm than good, a new study suggests.
Children of parents who fight a lot yet stay married experience more conflict in their own adult relationships than children of parents who fight and do get a divorce.
&#8220;The basic implication is, &#8216;Don&#8217;t stay [...]]]></description>
			<content:encoded><![CDATA[<p>In marriages with a lot of conflict, &#8220;staying together for the kids&#8221; might do more harm than good, a new study suggests.</p>
<p>Children of parents who fight a lot yet stay married experience more conflict in their own adult relationships than children of parents who fight and do get a divorce.</p>
<p>&#8220;The basic implication is, &#8216;Don&#8217;t stay together for the sake of the children if you&#8217;re in a high conflict marriage,&#8217;&#8221; said study researcher Constance Gager, of Montclair State University in New Jersey.</p>
<p>Relationship surveys</p>
<p>Some studies have shown children of divorced parents are more likely to get a divorce themselves, but it was not completely clear whether it was the divorce itself or the parents&#8217; conflict that had the greater impact on a child&#8217;s relationships.</p>
<p>Gager and her colleagues analyzed the results of a national survey involving nearly 7,000 married couples and their children in the United States.</p>
<p>The parents were first surveyed in 1987. They were asked questions to gauge their level of marital conflict, including how often they disagreed over money, household tasks, the in-laws and other topics that might spur an argument.</p>
<p>Then between 1992 and 1993, both parents and children were surveyed. Children had to be at least 10 to be included, with 1,952 participants meeting the criteria. The researchers also assessed how the parents&#8217; conflict changed between the two surveys, including whether the couple got a divorce.</p>
<p>The children, now adults aged 18 to 34, were again surveyed between 2001 and 2002. The participants, who were either married or cohabiting, were asked about their level of happiness and conflict in their current relationship.</p>
<p>Divorcing decisions</p>
<p>Children who grew up in high conflict families fared better in their adult relationships if their parents got a divorce.</p>
<p>The results held even after the researchers took into account other factors that could have influenced the children&#8217;s relationships when they were older, such as the whether the participants acted out as a children or had trouble getting along with others.</p>
<p>That isn&#8217;t to say divorce doesn&#8217;t affect children in the short-term, the researchers say.</p>
<p>&#8220;There is research to show in the short-term, kids go through a one- to two-year crisis period when their parents divorce, but that they are resilient, and they come back from that divorce,&#8221; Gager said.</p>
<p>Constant exposure to their parents&#8217; strife is likely what causes children&#8217;s future relationships to suffer, the researchers say.</p>
<p>&#8220;If they&#8217;re constantly exposed to conflict, and the parents stay together, that means there&#8217;s many more years they&#8217;re exposed to conflict by their parents,&#8221; Gager told LiveScience. &#8220;Whereas if their parents get divorced, at least there&#8217;s a chance the parents will have less conflict after the divorce,&#8221; she said.</p>
<p>In contrast, parents&#8217; happiness did not appear to affect the children&#8217;s adult relationships &#8211; children of happily married parents did not necessarily grow up to have happy partnerships themselves.</p>
<p>The researchers presented the study last year at the Annual Meetings of the Population Association of America and are currently preparing the work for publication in a scientific journal.</p>
<p>Source: Fox News</p>
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		<title>Modifying Child Support</title>
		<link>http://marotolaw.com/topics/?p=148</link>
		<comments>http://marotolaw.com/topics/?p=148#comments</comments>
		<pubDate>Mon, 03 Aug 2009 18:42:14 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Custody]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Support]]></category>

		<guid isPermaLink="false">http://marotolaw.com/topics/?p=148</guid>
		<description><![CDATA[Along with the other woes of the current economy, many people&#8217;s employment has been affected by layoffs or hour and pay reductions. If you&#8217;re one of those people and you&#8217;re responsible for paying child or spousal support that is now going to be more difficult to afford, make sure you act quickly to avoid ending [...]]]></description>
			<content:encoded><![CDATA[<p>Along with the other woes of the current economy, many people&#8217;s employment has been affected by layoffs or hour and pay reductions. If you&#8217;re one of those people and you&#8217;re responsible for paying child or spousal support that is now going to be more difficult to afford, make sure you act quickly to avoid ending up in deep financial trouble.</p>
<p>It is possible to modify child support payments, which are based on the income of both parents as well as the amount of time children spend with each parent. If any factor in that equation changes, you can ask for a change in support as well. First, go directly to your ex-spouse and see whether you can reach an agreement to modify the amount of support being paid, and whether there&#8217;s anything you can do to make up for the loss of support, like spending some of your newfound free time watching the kids so your spouse can work or save on child care costs.</p>
<p>If your ex doesn&#8217;t see things the way you do, you may have to ask a court to modify support. Child support guidelines are set by state law and courts don&#8217;t tend to deviate much from them, so if you&#8217;re really earning less, you&#8217;re likely to succeed in getting support changed. (You can check out a <a href="http://www.alllaw.com/calculators/childsupport/" target="_blank">free child support calculator</a> for your state to see what your support should be, based on your current income and timeshare.) But the judge will want to know what you&#8217;re doing to find replacement work and may schedule you to come back to court to show how things are progressing.</p>
<p>Don&#8217;t delay on this. Child support arrearages are serious business, and if you become delinquent you are at risk of losing your drivers&#8217; license, passport, and professional licenses.</p>
<p>Spousal support is a different story. If you have an obligation to pay alimony, it&#8217;s likely that your final divorce judgment or settlement agreement defines when that obligation ends. If it doesn&#8217;t say that losing your job or income is a reason for support to end or change, then generally, you&#8217;re stuck paying until the obligation is done.</p>
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		<title>Estate Taxes: What&#8217;s a Taxpayer to Do?</title>
		<link>http://marotolaw.com/topics/?p=140</link>
		<comments>http://marotolaw.com/topics/?p=140#comments</comments>
		<pubDate>Mon, 03 Aug 2009 18:16:38 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Wills & Estates]]></category>
		<category><![CDATA[Elder Law]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Wills]]></category>

		<guid isPermaLink="false">http://marotolaw.com/topics/?p=140</guid>
		<description><![CDATA[After almost a decade of changes in the federal estate tax code, and many states changing their tax structure in response to the federal changes, clarity appears to be on the horizon. Congress&#8217;s recently passed budget resolution would make the current estate tax rules permanent, taxing only estates over $3.5 million in value with the [...]]]></description>
			<content:encoded><![CDATA[<h4><span style="font-weight: normal;">After almost a decade of changes in the federal estate tax code, and many states changing their tax structure in response to the federal changes, clarity appears to be on the horizon. Congress&#8217;s recently passed budget resolution would make the current estate tax rules permanent, taxing only estates over $3.5 million in value with the tax rate set at 45 percent. Although no actual legislation has yet been voted on, the nonbinding budget resolution sets guidelines for Congress to follow when writing tax and spending legislation later this year.</span></h4>
<h4><span style="font-weight: normal;">In light of this and other changes, taxpayers need to review their estate plans with the following issues in mind:</span></h4>
<ol>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 16px; margin-left: 0px;">
<p><span style="font-family: Arial; font-size: x-small;"> </span></p>
<li><strong>Simplify if possible.</strong> The increase in the tax threshold from $600,000 at the beginning of the decade to $3.5 million today, coupled with the drop in most taxpayers&#8217; net worth over the past year, means that many people who had taxable estates no longer do. They may be able to significantly simplify more complicated estate plans that were necessary in the past to eliminate or decrease taxes due at death.</li>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 16px; margin-left: 0px;">
<p><span style="font-family: Arial; font-size: x-small;"> </span></p>
<li><strong>But beware state tax laws.</strong> In the past, most states had very similar estate tax laws that were tied to the federal laws. As a result of changes in the federal estate tax, though, many states that were tied to the federal system found that their estate tax revenue was dropping to zero. To increase their revenue, these states &#8220;decoupled&#8221; and established their own estate tax plans. Taxpayers need to learn what the law is in their state and whether their existing plan is up to date. This is especially true for taxpayers who have moved from one state to another since signing estate planning documents.</li>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 16px; margin-left: 0px;">
<p><span style="font-family: Arial; font-size: x-small;"> </span></p>
<li><strong>Review life insurance.</strong> All consumers should have their <a style="color: #0000ff; font-weight: bold; text-decoration: none; outline-style: none; outline-width: initial; outline-color: initial;" href="http://marotolaw.com/topics/?page_id=142">life insurance policies</a> reviewed if they have had them for more than a few years. Some universal life policies that were based on projections made when the economy was stronger may be &#8220;underwater&#8221; and may need more robust premium payments to sustain them over the long term. With other policies where the premiums were based on old tables measuring life expectancy, the consumer may be able to lower her premium payments or increase the death benefit. Finally, consumers should never simply drop policies they no longer need or can afford. They may be giving up a large benefit for their heirs and they may be able to sell the policy for a larger return than the policy&#8217;s cash surrender value.</li>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 16px; margin-left: 0px;">
<li><span style="font-family: Arial;"><strong>Refocus estate planning.</strong> The threat of the estate tax had the beneficial effect of prompting many consumers to do estate planning. But it also sometimes diverted them and their advisors from the real purpose of estate planning: to leave the legacy they want. The estate plan people leave can benefit children and grandchildren for decades to come, or it can cause familial strife that tears the family apart. The choice of executor and trustee and the terms under which heirs will receive property are vital issues that deserve your full consideration, regardless of whether taxes are an issue.</span></li>
</ol>
<p>Source: Elder Law Answers</p>
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		<title>USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad</title>
		<link>http://marotolaw.com/topics/?p=136</link>
		<comments>http://marotolaw.com/topics/?p=136#comments</comments>
		<pubDate>Sat, 18 Jul 2009 16:46:45 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Immigration]]></category>
		<category><![CDATA[Immunization]]></category>

		<guid isPermaLink="false">http://marotolaw.com/topics/?p=136</guid>
		<description><![CDATA[U.S.  Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:


been granted Temporary Protected Status (TPS);


a pending application for adjustment of status to lawful permanent resident;


a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);


a [...]]]></description>
			<content:encoded><![CDATA[<p>U.S.  Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:</p>
<ul>
<li>
<div>been granted Temporary Protected Status (TPS);</div>
</li>
<li>
<div>a pending application for adjustment of status to lawful permanent resident;</div>
</li>
<li>
<div>a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);</div>
</li>
<li>
<div>a pending asylum application; or</div>
</li>
<li>
<div>a pending application for legalization.</div>
</li>
</ul>
<p>To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.</p>
<p>Advance Parole is permission to reenter the United States after traveling abroad.  Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.  By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.  Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.</p>
<p>Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.  Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.  For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links) and instructions for Form I-131.</p>
<p>Note:<br />
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.  Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.  Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.</p>
<p>Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.   Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.</p>
<p>Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.  For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?</p>
<p>Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.  Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.</p>
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		<title>USCIS Announces Resumption of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker</title>
		<link>http://marotolaw.com/topics/?p=132</link>
		<comments>http://marotolaw.com/topics/?p=132#comments</comments>
		<pubDate>Sat, 18 Jul 2009 16:43:51 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Immigration]]></category>
		<category><![CDATA[Immunization]]></category>

		<guid isPermaLink="false">http://marotolaw.com/topics/?p=132</guid>
		<description><![CDATA[USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).
After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for [...]]]></description>
			<content:encoded><![CDATA[<p>USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).</p>
<p>After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit.</p>
<p>USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.</p>
<p>Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.</p>
<p>Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt.  If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service.  In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition.  Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.</p>
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		<title>Cap Count for H-1B and H-2B Workers for Fiscal Year 2010</title>
		<link>http://marotolaw.com/topics/?p=130</link>
		<comments>http://marotolaw.com/topics/?p=130#comments</comments>
		<pubDate>Sat, 18 Jul 2009 16:41:06 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Immigration]]></category>
		<category><![CDATA[Caps]]></category>
		<category><![CDATA[H-1B]]></category>
		<category><![CDATA[H-2B]]></category>

		<guid isPermaLink="false">http://marotolaw.com/topics/?p=130</guid>
		<description><![CDATA[What is a &#8220;Cap&#8221;
The word &#8220;Cap&#8221; used in this Update refers to annual numerical limitations set by Congress on certain nonimmigrant visa classifications, e.g., H-1B and H-2B. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular nonimmigrant classification. [...]]]></description>
			<content:encoded><![CDATA[<h2>What is a &#8220;Cap&#8221;</h2>
<p>The word &#8220;Cap&#8221; used in this Update refers to annual numerical limitations set by Congress on certain nonimmigrant visa classifications, e.g., H-1B and H-2B. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular nonimmigrant classification. Caps also control the number of aliens already in the United States that may be authorized to change status to a cap-subject classification.</p>
<h2>H-1B</h2>
<p>The H-1B visa program is used by some U.S.employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor&#8217;s degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.</p>
<h2>H-1B Employer Exemptions</h2>
<p>H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.</p>
<h2>H-1B Advanced Degree Exemption</h2>
<p>The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers with a Master&#8217;s or higher level degree from a U.S. academic institution. For each fiscal year, 20,000 beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily exempted from the cap.</p>
<h2>Duplicate H-1B Petitions Filed Requesting Fiscal Year 2010 Employment</h2>
<p>USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered. If multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition. The petitions will not be returned to the petitioner.</p>
<p><strong>As ofJuly 10, 2009</strong>, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.</p>
<h2>H-1B1</h2>
<p>An H-1B1 is a national of Chile or Singapore coming to the United States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor&#8217;s degree or higher (or equivalent) in the specific specialty. The combined statutory limit is 6,800 per year. The cap for H-1B1 for FY2010 has not been reached as of the date of this Update.</p>
<h2>H-2B</h2>
<p>The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.</p>
<p>The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. As of FY 2010, an H-2B petition may not be filed more than 120 days before the date of the actual need for the H-2B worker&#8217;s labor/services identified on the labor certification. As a result, USCIS normally begins receiving H-2B petitions with employment start dates in October and June.</p>
<h2>What is the H-2B numerical limit set by Congress?</h2>
<p>The H-2B numerical limit set by Congress per fiscal year is 66,000, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 &#8211; March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 &#8211; September 30). Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the numerical limit. An alien who changes nonimmigrant status to H-2B is counted against the annual H-2B cap.</p>
<p>As USCIS begins receiving H-2B petitions, the below chart will be regularly updated.</p>
<table class="MsoNormalTable" border="1" cellpadding="0" width="100%" summary="This table shows the number of received, pending and approved H-2B visas for fiscal year 2009. The cap is divided into halves - one for the first half of the fiscal year, the other for the second half.">
<tbody>
<tr>
<th id="t1">
<p class="MsoNormal" align="center">Cap Type</p>
</th>
<th id="t2">
<p align="center">Cap Amount</p>
</th>
<th id="t3">
<p align="center">Beneficiaries Approved</p>
</th>
<th id="t4">
<p align="center">Beneficiaries Pending</p>
</th>
<th id="t5">
<p align="center">Beneficiaries Target <sup>1</sup></p>
</th>
<th id="t6">
<p class="MsoNormal" align="center">Total</p>
</th>
<th id="t7">
<p align="center">
Date of Last Count</th>
</tr>
<tr>
<td>
<p align="center">H-2B 1st Half</p>
</td>
<td>
<p align="center">33,000</p>
</td>
<td>
<p align="center">1,300</p>
</td>
<td>
<p class="MsoNormal" align="center">1,800</p>
</td>
<td>
<p class="MsoNormal" align="center">47,000</p>
</td>
<td>
<p class="MsoNormal" align="center">3,100</p>
</td>
<td>
<p class="MsoNormal" align="center">7/10/09</p>
</td>
</tr>
<tr>
<td>
<p align="center">H-2B<br />
2nd Half</td>
<td>
<p align="center">33,000 <span class="style1"><sup>2</sup></span></p>
</td>
<td>
<p align="center">&#8212;&#8212;-</p>
</td>
<td>
<p align="center">&#8212;&#8212;</p>
</td>
<td>
<p align="center">&#8212;&#8211;</p>
</td>
<td>
<p align="center">&#8212;&#8212;</p>
</td>
<td>
<p align="center">&#8212;&#8211;</p>
</td>
</tr>
</tbody>
</table>
<p><sup>1</sup> Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.<br />
<sup>2</sup> A shortfall in the 1st half would be made up in the 2nd half.</p>
<h2>H-3</h2>
<p>The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training) that is not available in their home countries. The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of <strong>March 30, 2009</strong>, three of these H-3 visas had been approved with a start date in FY 2009.</p>
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		<title>Exploring legal liability for parents of unvaccinated children</title>
		<link>http://marotolaw.com/topics/?p=128</link>
		<comments>http://marotolaw.com/topics/?p=128#comments</comments>
		<pubDate>Sat, 18 Jul 2009 16:00:36 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Vaccine]]></category>
		<category><![CDATA[Exemption]]></category>
		<category><![CDATA[Immunization]]></category>

		<guid isPermaLink="false">http://marotolaw.com/topics/?p=128</guid>
		<description><![CDATA[The current issue of First Impressions, the online companion to the Michigan Law Review, is titled &#8220;Liability for Exercising Personal Belief Exemptions from Vaccination.&#8221; The issue consists of six commentaries from physicians, lawyers, public health scholars, and ethicists writing on the following topic:
&#8220;With the increased risk that the use of personal belief exemptions will limit the effectiveness of [...]]]></description>
			<content:encoded><![CDATA[<p>The current issue of <a href="http://www.michiganlawreview.org/index-fi.htm">First Impressions</a>, the online companion to the <a href="http://www.michiganlawreview.org/">Michigan Law Review</a>, is titled <a href="http://www.michiganlawreview.org/index-fi.htm">&#8220;Liability for Exercising Personal Belief Exemptions from Vaccination.&#8221;</a> The issue consists of six commentaries from physicians, lawyers, public health scholars, and ethicists writing on the following topic:</p>
<blockquote><p>&#8220;With the increased risk that the use of personal belief exemptions will limit the effectiveness of vaccination, this symposium addresses whether parents who refuse to vaccinate their children should be liable in tort to individuals who are infected and injured by the unvaccinated children.&#8221;</p></blockquote>
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		<title>Legal immunity set for swine flu vaccine makers</title>
		<link>http://marotolaw.com/topics/?p=122</link>
		<comments>http://marotolaw.com/topics/?p=122#comments</comments>
		<pubDate>Sat, 18 Jul 2009 15:18:11 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Vaccine]]></category>
		<category><![CDATA[Exemption]]></category>
		<category><![CDATA[Immunization]]></category>

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		<description><![CDATA[The last time the government embarked on a major vaccine campaign against a new swine flu, thousands filed claims contending they suffered side effects from the shots. This time, the government has already taken steps to head that off.
Vaccine makers and federal officials will be immune from lawsuits that result from any new swine flu [...]]]></description>
			<content:encoded><![CDATA[<p class="textBodyBlack">The last time the government embarked on a major vaccine campaign against a new swine flu, thousands filed claims contending they suffered side effects from the shots. This time, the government has already taken steps to head that off.</p>
<p class="textBodyBlack">Vaccine makers and federal officials will be immune from lawsuits that result from any new swine flu vaccine, under a document signed by Secretary of Health and Human Services Kathleen Sebelius, government health officials said Friday.</p>
<p class="textBodyBlack">Since the 1980s, the government has protected vaccine makers against lawsuits over the use of childhood vaccines. Instead, a federal court handles claims and decides who will be paid from a special fund.</p>
<p class="textBodyBlack">The document signed by Sebelius last month grants immunity to those making a swine flu vaccine, under the provisions of a 2006 law for public health emergencies. It allows for a compensation fund, if needed.</p>
<p class="textBodyBlack"><strong>Immunity encourages vaccine-makers<br />
</strong>The government takes such steps to encourage drug companies to make vaccines, and it&#8217;s worked. Federal officials have contracted with five manufacturers to make a swine flu vaccine. First identified in April, swine flu has so far caused at least 263 deaths, according to numbers released by the Centers for Disease Control and Prevention on Friday.</p>
<p class="textBodyBlack">The CDC said more than 40,000 Americans have had confirmed or probable cases, but those are people who sought health care. It&#8217;s likely that more than 1 million Americans have been sickened by the flu, many with mild cases.</p>
<p class="textBodyBlack">The virus hits younger people harder that seasonal flu, but so far hasn&#8217;t been much more deadly than the strains seen every fall and winter. But health officials believe the virus could mutate to a more dangerous form, or at least contribute to a potentially heavier flu season than usual.</p>
<p class="textBodyBlack">&#8220;We do expect there to be an increase in influenza this fall,&#8221; with a bump in cases perhaps beginning earlier than normal, said Dr. Anne Schuchat, director of the CDC&#8217;s National Center for Immunization and Respiratory Diseases.</p>
<p class="textBodyBlack">On Friday, the Food and Drug Administration approved the regular winter flu vaccine, a final step before shipments to clinics and other vaccination sites could begin.</p>
<p class="textBodyBlack">The last time the government faced a new swine flu virus was in 1976. Cases of swine flu in soldiers at Fort Dix, N.J., including one death, made health officials worried they might be facing a deadly pandemic like the one that killed millions around the world in 1918 and 1919.</p>
<p class="textBodyBlack"><strong>Thousands filed claims after 1976 campaign<br />
</strong>Federal officials vaccinated 40 million Americans during a national campaign. A pandemic never materialized, but thousands who got the shots filed injury claims, saying they suffered a paralyzing condition called Guillain-Barre Syndrome or other side effects.</p>
<p class="textBodyBlack">&#8220;The government paid out quite a bit of money,&#8221; said Stephen Sugarman, a law professor who specializes in product liability at the University of California at Berkeley.</p>
<p class="textBodyBlack">
<p class="textBodyBlack">Vaccines aren&#8217;t as profitable as other drugs for manufacturers, and without protection against lawsuits &#8220;they&#8217;re saying, &#8216;Do we need this?&#8217;&#8221; Sugarman said.</p>
<p class="textBodyBlack">The move to protect makers of a swine flu didn&#8217;t go over well with Paul Pennock, a prominent New York plaintiffs attorney on medical liability cases. The government will likely call on millions of Americans to get the vaccinations to prevent the disease from spreading, he noted.</p>
<p class="textBodyBlack">&#8220;If you&#8217;re going to ask people to do this for the common good, then let&#8217;s make sure for the common good that these people will be taken care of if something goes wrong,&#8221; Pennock said.</p>
<div class="copyright">Source:  The Associated Press.  <a href="http://www.msnbc.msn.com/id/31971355/ns/health-swine_flu/">http://www.msnbc.msn.com/id/31971355/ns/health-swine_flu/</a></div>
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		<title>Merck Seeks Gardasil For Boys</title>
		<link>http://marotolaw.com/topics/?p=119</link>
		<comments>http://marotolaw.com/topics/?p=119#comments</comments>
		<pubDate>Wed, 11 Feb 2009 21:18:38 +0000</pubDate>
		<dc:creator>Maroto &#38; Associates</dc:creator>
				<category><![CDATA[Vaccine]]></category>
		<category><![CDATA[Exemption]]></category>
		<category><![CDATA[Immunization]]></category>

		<guid isPermaLink="false">http://marotolaw.com/topics/?p=119</guid>
		<description><![CDATA[Drugmaker Merck &#38; Co. has asked federal regulators to approve use in males for its vaccine against the human papillomavirus, which causes cervical and other sexually transmitted cancers.
The application was submitted in late December, Merck spokeswoman Amy Rose said Tuesday.
It was long planned as part of Whitehouse Station, N.J.-based Merck&#8217;s strategy to increase the market [...]]]></description>
			<content:encoded><![CDATA[<p>Drugmaker Merck &amp; Co. has asked federal regulators to approve use in males for its vaccine against the human papillomavirus, which causes cervical and other sexually transmitted cancers.</p>
<p>The application was submitted in late December, Merck spokeswoman Amy Rose said Tuesday.</p>
<p>It was long planned as part of Whitehouse Station, N.J.-based Merck&#8217;s strategy to increase the market for Gardasil. It prevents infection with the sexually transmitted virus and thus cancers of the genital organs.</p>
<p>Gardasil, launched in 2006 for girls and young women, quickly became one of Merck&#8217;s top-selling vaccines, thanks to aggressive marketing and attempts to get states to require girls to get the vaccine as a requirement for school attendance.</p>
<p>However, it is one of the priciest vaccines on the market, typically costing $360 for a three-dose regimen.</p>
<p>Gardasil had 2007 sales of $1.5 billion, but sales began slowing in the second half of 2008, after a government-funded Harvard study concluded it was cost-effective for girls but not for women in their 20s.</p>
<p>The U.S. Food and Drug Administration has two months to decide whether the application for use in males meets its standards. Reviews can then take 10 months or more.</p>
<p>The application includes research data from a Merck study including about 4,000 males, ages 16 to 26; Gardasil prevented 90 per cent of cases of penile cancer and genital warts caused by the four common virus strains targeted by the vaccine.</p>
<p>The agency approved use of Gardasil in females ages nine to 26 years old in June 2006, but last June rejected expanding that to include women ages 27 to 45. The vaccine has since been approved for use by young women in dozens of foreign countries.</p>
<p>A rival vaccine called Cervarix, made by Britain&#8217;s GlaxoSmithKline, is approved in many foreign markets, but generally lags behind Gardasil in sales. It is still awaiting approval in this country.</p>
<p>Source: The Associated Press  Jan. 6 2009</p>
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