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Undocumented Youth
Like other minors, illegal immigrant children and youth end up in Family Court through abuse, neglect, guardianship or delinquency cases. Some come to the United States on their own to escape abusive home environments; some are kicked out of their homes and illegally sent to the United States by parents who refuse to care for them anymore; and some are brought to the United States illegally by their parents and then abused, neglected, or abandoned once the family is here.
There are very few ways for children to gain legal status in the U.S. as permanent residents. Almost all such methods ' like political asylum applications and family petitions ' are available only in very limited circumstances, and children are far less aware of these options than undocumented adults.
For children and youth who end up in the Family Court system, however, there is some hope for escaping the bleak life of an undocumented immigrant. In 1990, Congress enacted a provision of the Immigration and Nationality Act which allows children who are under the jurisdiction of a state's family or juvenile court to seek permanent legal residence (commonly called a Green Card) through an application called a special immigrant juvenile (SIJ) petition. Immigration and Nationality Act ' 101(a)(27)(J), 8 USC '1101(a)(27)(J) (2003), 8 CFR '204.11(a). The new provision recognizes that children for whom the state has become a guardian already have many challenges in their lives and should be provided a unique and compassionate method for becoming legal residents. (An additional federal statute, the Development, Relief, and Education for Alien Minors (DREAM) Act, which has been stalled in Congress since 2001, would allow temporary conditional legal status for undocumented youth who are high school graduates and have lived in the United States for at least 5 years.)
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.