Archive for September, 2009

Maintenance Support for the Man Is Reality

While it may seem difficult to comprehend, men are also entitled to maintenance as the result of a divorce settlement if the circumstances merit it.

There are a lot of people who think that a man applying for and getting spousal support is ridiculous and not fair. In reality, if the man happens to make less than the female, he is entitled to apply for the support. It’s interesting that a great many couples facing divorce think this is outrageous and that support should only be paid to the female. The actual bottom line is that if one spouse is able to get support from their about to be “ex,” then the other spouse is entitled to the same thing.

Aside from the equity questions involved in a situation such as this, it only makes sense that the husband be able to get spousal support. Even though initially, when both people got married, they never bet the farm on having to face such complex and upsetting issues, they are a reality in today’s society; more so since the nation is in the midst of a major recession.

Those who have lost their jobs need to find ways to stay afloat as best as they can. If they are in the middle of a divorce situation and spousal support is an issue and the woman’s net worth and income are higher than the man’s, he is entitled to support. In other words there needs to be equality under the law – equal treatment. If the wife is able to get it, then the same should be the case for the husband.

Interestingly enough, the inequity and imbalance of “rights” in a marital breakup also seem to extend to some women who are wondering why the father has a right to share equal time with children because after all, the mother is the central figure in the child’s life. While it may be the case that the woman bore the children, she didn’t do it without the help of the father. In the eyes of the law, the father has equal rights to see his children – unless of course there are extenuating circumstances why this should not be allowed.
The bottom line here is that if a couple gets divorced, there are certain rights each of them have, whether or not they used those rights when they were married or not. For example, just because a father or mother didn’t spend equal time with the kids when the couple was married does not erase the rights they have in divorce; to spend equal time with the children – if the parent is willing and able to do that.
The days of double standards in the divorce court arena are long over, however much of this equality in treatment seems to have escaped the notice of those in the middle of divorcing. Odd that the foundation of the law is equal rights accrue to all, when those seeking equity at the hands of the court don’t believe in equity themselves.

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Health Care Twist-Uninsured Includes Illegal Aliens

Recently the President stated illegal immigrants would not get health care. The twist here is that the ranks of the uninsured already includes illegal aliens.

In the mass of information, misinformation, disinformation and plain speculation over health care reform, the burning question remains what will happen to illegal immigrants yet to arrive in America and those that already live here? It’s a two pronged problem with seemingly very few comprehensive solutions. The biggest problem, however, appears to be the various numbers thrown out in public to make people believe one side or the other in their rush to overhaul the health care system.

It appears that the most often used number when talking about health insurance, the uninsured and illegal aliens is 47 million. The fact that the much bandied about number includes illegal immigrants seems to escape people’s notice for one reason or another. This number has been floating about since the election and prior to it. Here is another fact people seem to overlook. The Census Bureau counts residents when it does a head count, not U.S. citizens.

Counting “residents” means the numbers being used include many individuals who are “not” citizens, such as those with a green card/work visa and people who came into the U.S. illegally. When and where did the 47 million come into play? It is from a Census Bureau survey done in 2006 and it referred to illegal immigrants as “foreign born households run by a person not a citizen.” The term illegal immigrants doesn’t appear in the survey. In other words, the government is using three year old figures to try and make a point, which leaves one wondering how up-to-date the rest of their information is and why they are not using current statistics, and what else are they leaving out of the equation?

The “real” figures are those provided by the National Coalition on Healthcare and they show 46 million uninsured where 80% are naturalized citizens. Doing the math shows that roughly 9.2 million or 20% are illegal, not 47 million. Talk about confusion reigning supreme. Whether or not illegal aliens are insured or uninsured seems to be smoke and mirrors, as the proposed legislation suggests a mode of amnesty or fast tracked citizenship that would provide health care coverage and the right to vote.

Since comprehensive immigration seems to be a moving target, it opens up a total can of worms when it comes to whether or not the reform will really be put into place or whether it is going to wind up on permanent “hold.” A permanent hold wouldn’t surprise reform advocates who, through the years, have seen it all and nothing has happened but an increase in border enforcement and deportation.

Immigration attorneys are pondering these mixed messages and wondering how they will or won’t affect their ability to defend the rights of their clients. Many are concerned that not enough will be done to make the current system viable and conversely too much may be done to throw the whole structure into total disorder without any clear legal guidelines. Right now it’s a watch and wait attitude in the legal community with a clear preference for reform to provide their clients with the rights they are entitled to when they come to the U.S.

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Real Time Monitoring of Water Supplies

If technology could monitor water in real time, we’d know immediately about all the gunk that is in the water coming out of our taps.

Just the thought of what happens to be present in our water supply is pretty scary – chemicals so toxic that they build up over time and do us a lot of harm. Think anything from cancer to contracting diseases. Unfortunately, there are still a great many people who aren’t aware that their taps deliver contaminated water. The “only” thing that will combat contaminated water most effectively is water distillation systems.
Recently, the news carried grim warnings about a chemical called atrazine being found in the water in Illinois, Maryland, Florida, Ohio and Texas. Atrazine is a weed killer and its presence in drinking water is causing a lot of concern about people’s health. It’s been banned in the European Union because they feel it is contaminating their water.

Here is the other problem being dealt with in Illinois (and in other states) – atrazine isn’t something that is even tested for in water supplies on a regular basis. It’s a frightening fact that many local water districts only test their water annually, which raises the question about what people are drinking in between testing periods.

People with water distillation systems don’t need to worry about toxic chemicals in their water. Frankly, water distillers have been overlooked in favor of filtration systems with charcoal that just do not work effectively. The only effective way to get fresh water is to use water distillation systems.

While the weed killer manufacturer claims their product is effective and safe and does not pose a problem for drinking water supplies, they don’t let on that EPA standards set an annual average. This means that daily averages have the potential (and often do) to go beyond not only acceptable limits, but beyond safe limits. Although the real question is perhaps people wanting to know how could “any” level of weed killer in the water be “safe?” On the other side of the coin is that the Centers for Disease Control and Prevention feel atrazine is deadly and causes liver, heart and kidney damage in animals.

Perhaps there are some questions about how it affects humans, but there is no question that atrazine (which is highly soluble) is washed from sprayed fields and finds its way into streams, rivers and wells, eventually making its way into our water supply and into our drinking glasses.

Larry Wardell is with H2olabs.com, a provider of water distillers and water distillation systems. To learn more about Water distillers, water distillation systems, water purification systems, visit H2olabs.com.

USCIS Advises Certain Religious Workers to File Their Adjustment Applications Before August 31, 2009

The United States Citizenship and Immigration Service (“USCIS”) has advised special immigrant religious workers under the Ruiz-Diaz class action lawsuit to file their adjustment applications before the end of August 2009.

As background, USCIS current regulations prohibit the simultaneous filing of both a special immigrant religious worker immigrant visa petition and the foreign national religious worker’s adjustment of status application. Instead, the special immigrant religious worker visa petition must be filed first, and once approved, the foreign national religious worker may file to adjust status in the United States.

In the Ruiz-Diaz class action litigation, the District Court for the Western District of Washington entered an order on June 11, 2009, finding that the prohibition on concurrent filings was invalid and unenforceable as applied to religious workers. The Court ordered the USCIS to accept properly filed simultaneous filings of both the special immigrant religious worker petition and the foreign national’s application to adjust status. It further ordered USCIS to provide notice to each person or entity who has a pending religious worker immigrant visa petition. The Order permits foreign national religious workers who are either ministers or non-ministers to file for adjustment of status based on a pending or approved special immigrant religious worker petition, or to simultaneously file both a petition and an adjustment application concurrently.

Unfortunately, visa numbers for religious workers become unavailable in September 2009. Those religious workers who do not file before the August 2009 cut-off date must wait until visa numbers become available again on or after October 1, 2009.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

Manure Pools Cause Water Problems

While agriculture is a valuable industry, the management of waste and chemicals is causing serious problems in our nation’s water supplies.

Large farms that process animals for human consumption or who provide a commodity (like milk) from hundreds of cows, have no real way to adequately handle the huge amounts of waste produced by their animals. Most often it winds up in manure cesspools and is sprayed onto the land. This is a prime example of water pollution in action.

The runoff contaminates not only the groundwater, but any other bodies of water nearby such as streams and rivers. Eventually, all the contaminants wind up in our water supply. This is not a pretty picture – visions of cattle or pig waste floating in our cup of coffee. Just because we don’t “see” it does not mean it isn’t there. The only way to make sure we are drinking fresh and safe water is to invest in water distillers or have water distillation systems installed in our homes.

It isn’t just waste products that wind up in groundwater either, it’s the “other” things fed to the animals to make them grow faster and drive down production costs, like antibiotics. Antibiotics aren’t fed full strength to the cattle. They are fed at a lower dose than would actually be needed to treat an infection. This is sprinkled into their water and feed to prevent an outbreak of disease due to the conditions prevalent on large farms. For a really startling statistic, get this: over 70 percent of all the antibiotics used in the U.S. are fed to livestock.

If you do some quick math, that amounts to roughly 25 million pounds of drugs used annually to keep livestock healthy in questionable conditions. That is almost more than eight times the amount of drugs used for human diseases. All of the antibiotics fed to cattle, etc. has to go somewhere when it is eliminated from their bodies, and it does, onto the ground and gets washed into groundwater, etc.

The biggest problem inherent here is that when bacteria are continually exposed to low levels of antibiotics, it becomes resistant. Witness virtually all strains of Staph that are now penicillin resistant and won’t respond to newer drugs because the strains have mutated. Do you want that to wind up in your drinking water? Likely not and this is one of the major reasons to install water distillation systems in your home. For your peace of mind and security, water distillation systems will provide you with a safe source of fresh water.

Larry Wardell is with H2olabs.com, a provider of water distillers and water distillation systems. To learn more about Water distillers, water distillation systems, water purification systems, visit H2olabs.com.

DHS Announces Guidance Regarding Computer Searches

Department of Homeland Security (DHS) Secretary Janet Napolitano recently announced new guidance for searches of electronic devices at U.S. ports of entry. The guidance provides additional information regarding how DHS conducts searches and when travelers may expect return of their electronic property.

In the past, DHS searched a briefcase or backpack and examined photographs, work material, notes, or journals. With the advent of electronic media storage especially in laptop computers, the volume of information which a traveler frequently carries has dramatically increased. DHS searches of laptops have raised privacy concerns as to the policies governing searches of such devices. DHS has increasingly focused on electronic searches because, according to DHS, electronic storage devices have become the latest method of smuggling digital contraband into the U.S.

As background, U.S. laws authorize DHS to conduct searches for all travelers at U.S. ports of entry, including U.S. citizens. The searches may be conducted without a warrant and without suspicion.
DHS will follow certain principles in conducting electronic searches. It seeks to: (1) Be transparent in providing notice to the traveler of how it will handle personal identifiable information; (2) Gain participation of the traveler; (3) Provide the traveler with the authority which permits the collection of personally identifiable information; (4) Minimize both personally identifiable information and time which such DHS retains information; (5) Use the personally identifiable information only for purposes stated in the notice to the traveler; (6) Ensure that the personally identifiable information is accurate, relevant, timely and complete; (7) Secure personally identifiable information of the traveler; and (8) Remain accountable for complying with the foregoing principles.

In conducting inspections of travelers at U.S. ports of entry, DHS addresses any initial concerns regarding a traveler. If more resolution is needed, a DHS officer may refer the traveler and his or her possessions for a secondary inspection. At any point, DHS may elect to search the traveler’s belongings including electronic media devices.

Should DHS search an electronic device, once all concerns have been addressed, DHS returns the device to the traveler. Should DHS detain the device, typically it does so for up to 30 days unless extenuating circumstances exist. Note that DHS may copy the contents of electronic devices instead of detaining the device, with or without the traveler’s knowledge or consent. DHS policy is to detain no more than 30 days without supervisory approval. Should DHS establish probable cause, it can seize the device, and under some circumstances forfeit the device to the government.

DHS advises that between October 1, 2008, and August 11, 2009, it inspected approximately 221,000,000 people and searched approximately 1,000 laptops. Of the 1,000 laptop searches, only 46 DHS searched were in-depth.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.

The Sad Story of Juana Venada

Texas Civil Rights Projects filed suit against the state’s Department of Public Safety over restrictive requirements to obtain valid driver’s licenses. Among the plaintiffs in the case was Juana Venada, a Mexican national and single mother of three children, who was victimized under punitive Texan rules when she attempted to obtain a driver’s license.

Juana Venada is a Mexican national residing legally in the United States with her three children, the eldest aged ten. The sole caretaker of her children, she lives in Austin, Texas.

In April and May 2009, the Department of Public Safety (DPS) twice refused Ms. Venada’s application for a driver’s license. DPS first denied her application on the basis that her USCIS Employment Authorization Document and social security number were insufficient to establish her legal presence in the United States, and then denied her on the basis that her documents may have been falsified. Without a valid driver’s license, she has been forced to drive illegally to maintain employment and support her family.

She had been married to a U.S. citizen who subjected her to years of physical and emotional abuse. In February 2009, she filed for U.S. immigrant benefits herself, under the federal Violence Against Women Act, which was approved; thus, granting her legal status in the United States while she awaits the opportunity to become a legal permanent resident.

As the spouse of an American citizen, Ms. Venada was eligible to become a legal permanent resident. But her vindictive spouse used his legal status as a domination tool; having the sole power to submit a petition for her, he refused. He further threatened to have Ms. Venada deported and separated from her children, and in September 2006, he followed through on that threat, leading to Ms. Venada’s arrest, incarceration, and near-deportation.

Following two additional years of emotional turmoil and difficulties engendered by her abuser’s actions, she followed the advice of her attorney, and applied for a valid Texas driver’s license – only to be denied due to restrictive rules established by the Department of Public Safety.

The rules involved for granting licenses to foreign nationals who are in Texas on a temporary, legal basis are stamped on a special vertical small document and assigned a “temporary visitor” classification that appear to be discriminatory without bolstering the document’s validity or protecting against fraud – ostensibly the reasons for the special treatment being meted out.

Ms. Venada, both in the United States legally and authorized to work by USCIS, now faces a new challenge to continue to support her family: getting a state-issued driver’s license. The pending litigation against the Texas Department of Public Safety will one day provide Ms. Venada her day in court, and it is hoped, relief from the state’s restrictive driver’s license rules.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com

CPR Can Fix Android Phones like Science Fiction

Androids like Data, a Star Trek character, have recently been recycled into devices less humanoid but more functional – like Motorola’s new Android phone. But when Dr. McCoy’s not around, the best Android doctor might just be your nearest CPR.

Motorola, based in Schaumburg, Illinois, is a long way from the spaceship Enterprise. But their newest entry into the retail consumer market may just be the ticket to resuscitate the company’s gasping handset division. Remember “Data,” the peculiar humanoid android character on Star Trek who was one of the crew but never quite fit in? Motorola’s new Android-based handset doesn’t look much like Data, instead it resembles a smartphone, and has a different name, Cliq.

The Cliq comes with a lot of standard features, and even quasi-innovations. It has its touch screen and QWERTY keyboard, in this instance the QWERTY slides out from the side. Its five megapixel camera is said to produce sharper images than most other phones like Apple’s iPhone, which only manages three-megapixel resolution.

This widget is versatile, more so than any fictional character no matter how well-scripted. Motorola is attempting to lure away Blackberry loyalists from their arch-competitor. It’s a stab at the smartphone market worth taking, that’s for sure. But warranties? It’s unlikely that if it breaks, Motorola’s struggling handset division is going to want to “be there” for its own.

CPR will be there though. Your most trusted name in independent repair shops for electronic devices is not going to leave Motorola’s Cliq lost in space. “I remember watching that show as a kid,” says CPR expert service technician Manfred Manifold, “It starred June Lockhart and Billy Mumy.” About saving DATA, and more recent science fiction-like technological innovations such as the Motorola’s Cliq, Manifold is much more succinct. “We salvage hundreds of Blackberries every day,” he says with a kind of charismatic robotic expression etched onto his Midwestern yet other-worldly features, “I don’t see why we can’t make those Cliqs start clucking if they’ve become a dummied-down smartphone all of a sudden.”

What would happen if your Cliq’s touch screen becomes untouchable? “I’d take it to CPR before I’d use a phaser on it,” Mr. Manifold concludes. An alternative theory may just be that certain CPR expert service technicians watch too much sci-fi on TV when they’re not working. As for android-based smartphones like Motorola’s Cliq, it might be wisest to search for the nearest CPR shop so you don’t lose any megapixels.

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Lead Contamination Is Deadly Serious

Lead contamination in water is more prevalent than anyone may think, whether a house is new or not.
While everyone knows that drinking lots of water is something good to do for their health, these days people have to second guess if their water is safe or not. Imagine that, turning on the tap and drinking lead contaminated water. It’s not just the lead that is a problem either. Water on tap these days has so many pollutants in it that the list is almost as long as the manifest for the Titanic.

The sad truth is that even if the tap water is coming from a brand new house, lead may still be in the water, carried there by other sources not under the home (pipes and joints) but from the aging infrastructure that carries water through a city. No one would know this though because lead can’t be seen or tasted, but is dangerous nonetheless. If the homeowner happens to believe in water distillers and has water distillation systems, they are one up in the quest to drink safe and fresh water.

If there was a way to rip the top off the roads in a neighborhood, the true story of leaded pipes carrying water would be revealed. Many city water lines are lead piping with lead solder and the older those lines get, the more they disintegrate and more lead leeches into the water.

Of course this water then ends up in older homes with lead piping and in newer homes with plastic piping. Unfortunately, being in a new home is no guarantee of lead free water. The dilemma is that people never really think about the water unless they are aware of the problem and know about water distillers and water distillation systems.

If there is any question about water on tap in the house, it’s best to have it tested for contaminants. Use the water taken directly from the tap in the home, as taking it from the source won’t give an accurate reading of what is really in the water by the time it reaches homes and is ready for use. When in doubt, rely only on the safest way to get fresh water by investing in water distillation systems.

To learn more about Water distillers, water distillation systems, water purification systems, visit H2olabs.com.

Summer Voluntary Humanitarian Repatriation Resumes to the Mexican Interior

A program of voluntary humanitarian repatriation has been continued for the sixth consecutive year.
The U.S. and Mexican governments recently announced resumption of a voluntary program to return Mexican nationals, who are unlawfully in the United States and who have been apprehended in the Sonora Arizona desert area, to the Mexican interior as a way of preventing loss of life for certain at risk Mexican populations. Increasing numbers of incidents along the U.S.-Mexican border regions from California to Texas involved directly or peripherally with contraband smuggling or illegal transportation of people, with escalating levels of violence, have been reported. An alarming level of killings, kidnappings, and other criminal activity has been frequently reported in the press and is occurring. Verified incidents of violence are also on the rise in recent years.

In a program referred to as the Mexican Interior Repatriation Program or the MIRP, the United States Department of Homeland Security and the Mexican Ministry of Foreign Affairs, and the Mexican Ministry of the Interior recently announced the resumption of the MIRP for the sixth consecutive year. The program represents voluntary cooperation between both governments with the dual goal of reducing loss of life and fighting organized crime linked to the smuggling persons into the U.S.

The MIRP identifies Mexican nationals caught in the Arizona desert sector who are taken to certain U.S. Department of Homeland Security facilities where they meet with Mexican Consular officials, are screened medically, and then offered the chance to return voluntary to their places of origin within the Mexican interior. The MIRP further considers persons who may be vulnerable to the Arizona summer heat because of their age, or who may be vulnerable to exploitation by criminal gangs operating in the area because of the distance to their hometowns in Mexico, for participation in the program. The MIRP runs daily flights from Tucson, Arizona, to Mexico City. Participants then take buses for the final leg of the trip back home. The MIRP excludes participation by foreign nationals convicted of violent crimes.

This year’s first MIRP flight left Tucson on August 22, 2009. The MIRP runs through September 28, 2009. More than 80,000 persons opted to participate in MIRP during the last 5 years.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.