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June 1, 2009, saw the introduction of the Western Hemisphere Travel Initiative (WHTI) and the implementation of more immigration rules and regulations.

In order to understand why these changes were made, it would help to understand a bit more about the WHTI. “The Western Hemisphere Travel Initiative basically says that all travelers to and from Canada, Bermuda, the Caribbean and Mexico, who didn’t previously need passports, now need passports or other documents that proves who they are and their country of origin (citizenship) in order to enter and leave the U.S.,” said Sally Odell of Rifkin Fox-Isicoff, P.A., in Miami and Orlando, Florida.

This measure was brought into being as a joint initiative of the Department of Homeland Security and the Department of State after 9/11 in order to address what the U.S. viewed as a major security problem – vulnerable borders. As of June 1, 2009, U.S. citizens, including children, had to start presenting passports, etc., when coming into the U.S. by air. “Other documents may include a NEXUS card, U.S. military ID and travel orders, a passport or U.S. Merchant Marine documents,” indicated Odell.

U.S. citizens coming in by land or seaports now need WHTI compliant documents that in most cases are a U.S. passport, a trusted traveler card (NEXUS, SENTRI or FAST), a passport card or enhanced driver’s license. The idea behind NEXUS is that it is for low risk, pre-approved travelers into the U.S. and Canada. SENTRI cards allow expedited travel to approved members between the U.S. and Mexican border, and FAST refers to a truck driver card that lets drivers avoid lineups at the border.

If a person is in the category of lawful permanent resident, then after the 1st of June, 2009, if travelling by air, all residents, including children must offer a passport or other proper travel documents. “For land and sea travel they may still use Form I-551 permanent resident card,” added Odell.

If a traveler happens to be from another country and arriving by air, they must have a passport or other proper documentation. “Since these travelers hold a non-U.S. passport or visa, US-VISIT biometric procedures apply. Biometrics simply means a person’s unique physical characteristics, like fingerprints, are collected and used for automated recognition,” outlined Odell. A fingerprint cannot be forged and instantly identifies a person.

The rules and regulations are quite extensive, and for a complete understanding of how they may apply to certain individuals, it is best to consult with a highly skilled immigration attorney such as Sally Odell of Rifkin Fox-Isicoff, P.A., in Miami and Orlando, Florida.

To learn more about immigration lawyer in miami, immigration lawyer in orlando, immigration lawyer in florida, visit Rifkinandfoxisicoff.com.

This is always a difficult area for couples to file in, and while some choose to use the services of an immigration lawyer, others choose to go it alone.

It really would be in everyone’s best interests if dual nationality couples wanting a visa for their partner to come to the U.S., filed for the I-129F petition with the assistance of a highly skilled immigration attorney. It would mean an error free process without the possible delays often likely when people attempt to file on their own. The delays are usually the result of not fully knowing or understanding current immigration rules and regulations, which seem to change daily.

If a couple still wishes to try to file on their own, it would be a good idea to be as well prepared as possible in advance of dealing with U.S. Immigration, as this will save potential difficulties later in the process. “The first thing anyone would need to know is the correct service center to file petitions. If a petition is filed in the wrong center, this has the potential to lead to delays,” indicated Sally Odell of Rifkin Fox-Isicoff, P.A., in Miami and Orlando, Florida.

Documentation is a major part of any petition and it must be correctly filled out or there will be even more difficulties.” Make sure all the documents that are required are submitted with the petition, as this will save Immigration from sending out a Request for Evidence,” added Odell. If everything they need is included, this speeds up the process.

“If there are documents that require translation, make sure there is a translation attached to the petition,” outlined Odell. Don’t think twice about the necessity of this, just do it, as failure to offer one may wind up receiving a request for further evidence or something called a 221G, which is a refusal by the U.S. Embassy to issue a visa without more information.

Keep in close touch with the other person so that both parties know precisely where things are in relation to the application for a visa. If there is no communication, or sporadic communication with sparse details, this will further slow the whole process down.

This should go without saying, however it seems to be an issue often enough that it needs to be mentioned. Do not under any circumstances lie to the federal government about your reasons for wanting to immigrate to the U.S. In other words, don’t apply for a tourist visa for a potential spouse and then wonder why you are not able to get married using that particular visa. Tourist visas are for people who come to visit and have no intentions of staying.

The bottom line is, that in order to make certain the proper documents are filed in a timely manner, it is best to consult with a knowledgeable immigration attorney who will make this process a lot easier than going it alone. One such knowledgeable attorney is Sally Odell of Rifkin Fox-Isicoff, P.A., in Miami and Orlando, Florida.

To learn more about immigration lawyer in miami, immigration lawyer in orlando, immigration lawyer in florida, visit Rifkinandfoxisicoff.com.

Is enforcement or the economy the reason for the apprehension rate declining at the southern borders?

We all know or are at least aware of the 670 miles of fencing that will go along the southern border to deflect the entry of illegal immigrants, vehicles and drugs. While we have not yet hit the complete installation of the 670 miles, it appears to be well under way with the end in sight within a year. Border Patrol officers have been increased and their numbers will be even higher over the year. In fact there are now 16,690 agents with the total to hit about 18,000 later on.

Add into this ever-increasing force Project 28 (P-28) and the combination of watchful technology and more agents should work even more effectively to deal with those trying to cross the border illegally. This system has been in place since 2007 and is responsible for apprehending over 3,500 illegal aliens.

It appears that security already in place is doing its job and the apprehension rates are beginning to decline. The question becomes, is the rate declining because of the stepped up security or because of the desperate economy the nation faces? This is an interesting question when put into the perspective of the federal government’s commitment of $775 million to enhance border security. This is largely to finance an unmanned aircraft system and support the installation of over 10,000 ground sensors.
The government is of the opinion that their crackdown has made a difference in the number of cross border apprehensions. They cite some interesting figures that indicate that may be the case. For instance, the Border Patrol indicated a 20% decline on the southern border for 2007. In 2008 the figures showed a 17% decline on the southwest border.

As further evidence of their border security success, the feds also point out remittances to the Bank of Mexico fell dramatically in the first four months of 2009 – down 2.4% from last year. This is supposed to indicate that apprehending illegal workers has made the rates drop.

While this may be an interesting theory, and there may be a nugget of truth in it, it would appear the real reason for the decline in apprehensions is fewer people are trying to go over the border, as opposed to more being caught. Why would this be?

It you spend any time online reading financial information about the economy and the recession, you will immediately know that the U.S. started showing distinct signs of being in economic distress in 2007. Think the housing market boom and things of that nature. The economy was bright and booming, but if you correctly read the signals – whatever goes up, must come down, and down the economy came.
Who in their right mind would try to illegally cross a border to find a job in an economy where those who already live there are losing their jobs, where companies are going out of business daily and where bankruptcies are higher than ever? The obvious answer to that would be not many, and this would explain the decline in border apprehensions. When the economy revives, look to the border once again.

Sally Odell – Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more about immigration lawyer in miami, immigration lawyer in orlando, immigration lawyer in florida, visit Rifkinandfoxisicoff.com.

Comprehensive immigration reform has been a thorny topic of discussion for many years now. Things may be about to change – or will they?

The problem with the existing immigration system is that it is broken beyond the ability of band-aids. It really needs a good revamping from the ground up, but whether there is the political will and ability to accomplish that is the real question. In the meantime, the system limps along and does the best it can subject to the vociferous criticisms of those in the system, those who need to use the system, and those (such as immigration lawyers) who have to work with the existing system.

Comprehensive immigration reform looked like it might actually be accomplished, in bits and pieces, in 2007. You may remember the storm on the Hill about this proposed reform. Unfortunately, the serious flaws in the system are still there, as the reforms never got much further than the “table.” Oddly, the changes everyone did seem to agree upon, which were roughly 85% of the total proposed, were not passed. And so it sits on the shelf – waiting.

Is now a better time? Or better yet, is “now” the time? There are definitely still many issues that desperately need to be addressed, such as worker shortages, border security, visa policy, and worker verification systems. These problems are not going away and the longer they are left, the worse they will become.

What’s more disturbing, is the fact that since the big boys in Washington are not doing much about implementing needed reform, the powers that be in other local governments are making up the rules as they go along. While it is an attempt to “fix” the system as best as possible, it creates quite the conundrum. With ad hoc, “do it because we need it” kind of rules, it causes endless problems with constitutionality. It is also ending up with one rule or regulation contradicting another one. Obviously, these rules would be hard to apply with any degree of fairness.

It seems that many of the proposed “new” solutions may not be that effective for long standing problems. Some of the new systems contemplated have not necessarily been tested, which means any kinks or errors will need to be sorted out on the fly. And speaking of fly, one of the systems, the No Fly list, is a definite cause for concern in many respects including due process and civil liberties. It has an undeniable potential for discrimination on many levels.

Is the time now? If it is, there are still some very significant issues that need to be addressed. Whether they will be addressed at this time is anyone’s guess. We can only hope for reform, as we have hoped for it before.

Sally Odell – Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more about immigration lawyer in miami, immigration lawyer in orlando, immigration lawyer in florida, visit Rifkinandfoxisicoff.com.

Many people who run across an insurance company that deals in bad faith and other tactics, wishes they’d never had to deal with the company in the first place.

It’s depressing, to say the least, to think that the insurance industry, one of the biggest money makers in the US with profits over $30 billion a year, have been known to stoop to engage in dishonest tactics and a flagrant lack of ethics to inflate their profits.

Given the tough economic times America faces currently, it’s not too much of a stretch of the imagination that those same insurance companies will jack up their rates even more and deny more claims. While this might be called a defensive position to support their bottom line, it certainly plays havoc with the industry as a whole. “Not only that, it seriously hampers consumers who ultimately suffer the consequences of denied insurance despite paying their contractual obligations monthly – meaning premiums,” commented Christopher Mellino, a Cleveland, Ohio lawyer.

People might once have thought that the big name insurance company we all thought was the salt of the earth and had earned our family’s trust was above reproach. Nowadays people are finding out that the family friend has turned into Uncle Scrooge overnight and is not only denying reasonable claims for strange reasons, but is delaying payments, burying customers in insurance legal jargon and even refusing people retroactively who file claims. One might well ask, “What is wrong with this picture?”

“As horrendous as it may seem, there is evidence that those once friendly companies have gone out of their way to deny claims by actually offering rewards to employees who were successful in turning down claims, added Mellino. Workers who would not engage in that kind of behavior were fired. If denying claims didn’t work, some of these companies were not above perpetrating fraud to not pay claims.

While denying claims is bad enough, get ready for the worst stunt in the book - delaying claims until death. This has been done in instances by long-term care insurers whose rationale is simply this: if they don’t pay a claim they make money. Some of them have waited until an aged policyholder died to avoid paying. “This behavior is just the tip of the iceberg in an industry that is now also using credit reports to decide who gets insurance or not and how much they will pay,” said Christopher Mellino, a Cleveland, Ohio lawyer. Brings to mind another good question: “When will it end?”

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

There are quite a few myths about justice that many Americans don’t seem to be aware of, likely due to the fact that even the media gets it wrong.

Haven’t we all heard this one before: “Of course the number of lawsuits, including medical malpractice suits, being filed is just staggering.” Well, guess what? This is definitely not the case and hasn’t been true since at least 1985. “Just to throw around a few statistics here, consider this: personal injury cases dropped 79 percent between 1985 and 2003. This is the most interesting thing though - that in 1985 there were 3,600 trials floating around in US District Courts. By 2003 the number had plummeted to a modest 800 or so,” indicated Christopher Mellino, a Cleveland medical malpractice lawyer.

While some might think these are old and out-of-date figures, the trend of fewer personal injury lawsuits continues, not only nationally, but at the state level. Sure, we all read about cases in the paper, but they are nowhere near as prevalent as the media makes them out to be. The ones that get reported are the big cases, and they are by no means representational of the number of cases actually tried per year.

Another prevalent myth that seems to make the rounds on what appears to be a daily basis, is that rising health care costs are making it insurmountable for doctors to practice because of all the lawsuits. “It’s true that the costs of health care are rising every year, the medical bills alone certainly prove that, but medical malpractice lawsuits don’t have anything to do with the cost of health care,” commented Mellino, a Cleveland medical malpractice lawyer.

The truth of the matter is that med mal suits are roughly less than 2 percent of the total health care spending. In other words, call this a drop in the bucket. So rather than doctors dropping like flies because they are being picked off by med mal suits, the numbers of physicians is actually rising – a reassuring fact to say the least.

Everyone has heard about, or perhaps participated in a situation where a small business owner was driven out of his or her livelihood by a lawsuit, so to address this issue, legal reform is well past due. “This is not accurate either and lawsuits rank dead last as a concern for small business owners,” said Mellino. What really appears to be happening is that the larger concerns are trying to upset the legal apple cart to avoid being held culpable for malfeasance and neglect.

This last myth is rather counter intuitive if anyone bothers to dig past the initial impression the words create – that trial lawyers are driving corporations out of business. “That couldn’t be further from the truth. Justice is for everyone and wrongdoers need to be held accountable for their deeds, whether they’re a large corporation or not,” added Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Sadly, medical errors that were preventable in the first instance are the reason that thousands of Americans are badly injured or die each year.

This is yet another great debate among trial lawyers, Cleveland malpractice lawyers, and the public in general, over the number of medical errors that were preventable. This subject inevitably comes up when anyone reads a story about medical negligence or is discussing how to reform the medical health system to prevent these errors. Actually, the core of the discussion is medical negligence resulting in medical errors.

It’s funny, but most people who wind up talking about this topic usually cut a wide swath around the issue of the inherent negligence, which is the underlying problem and causation of medical errors. Usually when this argument raises its ugly head, people dodge the real issues. When it comes to actually tackling negligence itself, there tends to be a resounding silence unless you have a chance to speak to a Cleveland malpractice lawyer well versed in the nuances of this debate.

Frankly, the only way to make a significant difference in the health care system today is to deal with the negligence that causes medical errors. If medical errors were reduced, many of the other companion problems would be addressed. This isn’t to say they would be one hundred percent resolved, but it would be a good start. Here is the real truth – if medical errors were decreased, the costs of health care would go down, medical malpractice insurance premiums would be scaled down and patients would remain healthy and safe. This is an opinion shared by many Cleveland malpractice lawyers.

If you seriously don’t think medical errors are that much of a problem, consider the fact that they cost the system close to $29 billion dollars a year. Yes, billion. A staggering number that is highly preventable if someone takes the bull by the horns about avoiding negligence and does something about it.

If you need further convincing, then do some research on the extent of medical errors as outlined by the Institute for Healthcare Improvement. Their numbers estimate 15 million people are medically harmed every year. Don’t stop there, ask a highly skilled Cleveland medical malpractice lawyer what the real scoop is and be prepared for an honest and in-depth answer.

This is really just the tip of the iceberg that sank the Titanic. The unaddressed negligence issue will founder the medical care system if left unchecked. And yet, many Americans today remain unaware of the problem, and how all encompassing it appears to be. This is really quite odd when you consider that one in three people has personally experienced a medical error and one in five were seriously harmed or died. What is even more interesting is that the public generally estimates death by medical error to be about 5,000 yearly, and not numbers running into the millions.

The odd twist to this debate is that while Americans think medical malpractice negligence suits are rampant, the reverse is really the truth. The problem is preventable medical errors causing serious harm and taking lives.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Anyone who has been made sick by taking a drug with ghastly side effects knows full well they can take their deadly toll.

Getting sick means putting your trust in the hands of doctors, pharmacists and drug manufacturers. Sometimes that trust is betrayed in a way that results in serious injuries or death by taking defective drugs. If someone takes a defective drug, there are product liability laws designed to hold people responsible.

A defective drug is one that has severe adverse side effects. “It isn’t only a prescription drug, it may also be one sold over the counter,” indicated Jack Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, in Austin, Texas.

In some instances, drug companies know about the side effects and market the drug anyway. In other cases, they find out about the side effects later and either choose to keep the drug on the market, or have it recalled by the Food and Drug Administration (FDA).

“The bottom line in cases involving a defective drug is that if the drug caused harm to a person, and the drug company knew about the dangerous side effects and chose to do nothing, they may be found liable for the consequences,” added Zinda. Drug companies are responsible to test their drugs for side effects before taking them to market. Additionally, they are required to advise people about those side effects.

“Despite the fact that the U.S. FDA is mandated to safeguard public safety and health, there are far too many instances where defective drugs with deadly side effects are approved and remain on the market despite reported severe drug reactions and deaths,” stated Jack Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, in Austin, Texas.

The FDA doesn’t have enough manpower to keep track of all the drugs brought to the marketplace, and they often find out about the side effects later. This is often too late for people who took the drug(s) believing that they were safe.

If faced with a situation where a drug has caused devastating side effects or death, contact a defective product attorney post haste and have the case assessed. Jack Zinda, partner at the law firm of Heselmeyer Zinda PLLC, in Austin, Texas, handles these types of cases.

To learn more visit Texasbusinessattorneys.net.

If the dog’s bark is worse than his bite, a court case likely won’t be the end result. However, if the bite is worse than the bark, that is another matter.

In some instances, a dog owner may face civil and criminal charges if their dog takes a bite out of someone. While it might not seem like a big deal, it may turn out to be that way.

Dog bite law is an interesting mixture of civil and criminal law and the laws vary widely among jurisdictions. If faced with a dog bite, it’s best to hire a competent dog bite attorney who will know what the law says in the particular jurisdiction where the incident took place. An important issue in dog bite cases is whether the jurisdiction follows the one-bite rule.

“The one-bite rule actually originated in English common law and generally speaking, protects a dog owner until he has actual knowledge his dog is dangerous/vicious. Once that becomes evident, the owner is strictly liable for any injuries inflicted by the dog,” explained Jack Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, Austin, Texas.

Most states are fairly consistent in saying that an owner is liable if any injuries were caused by negligence in handling the dog or by violating a strict leash law. “If a person happens to live in a state where an owner is considered to be liable by virtue of an existing statute because they own the dog, hiring a dog bite attorney is the smart thing to do,” added Zinda.

If faced with a dog bite situation, make certain to assist the victim to get medical attention if it is necessary. “Do not volunteer any information to the person about the dog or the dog’s habits or personality. Save this discussion to have with the attorney,” advised Jack Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, Austin, Texas. If the dog has unexpectedly bitten someone, or even if it was provoked to bite, immediately take all reasonable precautions to protect anyone else from a dog bite.

If there were any witnesses to the dog-biting incident, get names and addresses, etc. and call the insurance company to report the incident. This is to make sure that if there is a claim, the insurance company defends the owner in a lawsuit. If they are not aware of the incident, any claims filed later may be denied. “Here is one tip that most home owners don’t know about, and that is insurance companies will generally ask what breed of dog is on the premises because they will either charge higher rates or decline to insure at all,” said Zinda.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Spinal cord injuries may arise as a result of many different causes that include: being hit while playing a high intensity sport (football), a fall, physical abuse, or auto accidents.

Spinal cord injuries do not always take much of an impact to cause significant damage. The impact just needs to be in precisely the right spot. There are two types of classifications relating to spinal cord injuries – complete and incomplete, with the most severe category being a complete injury.

Many people make the mistake of thinking a complete spinal cord injury is the result of a cord being severed or broken. This is a myth. In fact, when there is a complete spinal cord injury, the cord is rarely broken or severed. A patient with a complete spinal cord injury will usually lose feeling and motor functions from the point of the injury down through the rest of the body. Unfortunately, statistics show that there is a less than 5% recovery rate for this type of injury.

Incomplete injuries fall into three further divisions. An injury to the front of the cord is called an anterior lesion. Secondly, an injury to the mid area of the spine is referred to as Central Cord Syndrome. Finally, if a victim sustains a blow to just one side of the cord, and that is the only location of the damage, this is called Brown-Sequard Syndrome. Paralysis may occur with any spinal cord injury. However, with an incomplete injury the condition is usually temporary.

It’s very difficult to accurately assess if a spinal cord injury is complete or incomplete until the secondary trauma(s) manifest themselves in order to clarify any potential diagnosis. For instance, swelling and inflammation may ultimately change the initial prognosis from one category to another. There is, however, the chance that secondary symptoms may not be as devastating as initially thought, and allow a partial or total recovery.

If you have been involved in an accident that was caused by someone else’s negligence and the diagnosis is a complete or incomplete spinal cord injury, contact a skilled personal injury attorney for a consultation. You may be entitled to receive compensation for your injuries, medical bills, therapy, long-term care, and pain and suffering.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.