Driving with License Suspended or Revoked (video)

Attorney Dedra Sibley discusses the criminal law issue of Driving with License Suspended or Revoked.

What are my options to extend my non-immigrant visa?

You may be eligible to apply for an extension of stay in the U.S. if your passport is valid for your entire requested period of stay in the U.S. and the following criteria are met:

a. You were lawfully admitted into the U.S. as a non-immigrant;
b. You have not committed any act that would make you ineligible
to receive an immigration benefit;
c. There is no other factor that, in the sole discretion of a USCIS
officer, would warrant requiring you to depart the U.S. prior to
making a re-entry pursuant to the same classification; and
d. You submit an application for an extension of stay prior to the
expiration date on your I-94.

Though it is important to note that not all non-immigrant visas can be extended here in the U.S. You will not be able to extend your stay if you were admitted in any of the following non-immigrant categories as shown on your I-94 and you must leave the U.S. on or before the date your I-94 expires:

C (Alien in Transit)
D (Crewman)
K-1 or K-2 (Fiancé (e) or Dependent of Fiancé (e))
S (Witness or Informant beyond a total of three years)
Q-2 (Irish Peace Process Cultural and Training Program Visitor beyond a total of three years or beyond a total of two years if initially admitted on or after December 10, 2004)
TWOV (Transit Without Visa)
WT or WB (Visa Waiver Program, you would have been issued a green Form I-94W)

Also similarly you will not be able to change to change your non-immigrant status here in the U.S. if you were admitted in any of the following non-immigrant categories listed above and additionally if you were admitted as a:

J-1 (Exchange Visitor, who is generally subject to the two-year foreign residence requirement)
M-1 (Vocational student changing to F-1 or H – if the M training helped him or her qualify for the H classification)
Q-2 (Irish Peace Process Cultural and Training Program Participant, who is subject to two-year foreign residency requirement.)

By Gina Silvestri, Esq.

Explanation of Felony and Misdemeanor Charge (video)

Attorney Dedra Sibley explains the difference between a felony and misdemeanor charge, a criminal law issue.

Do I need a written lease?

The answer depends on the length of the lease agreement. Rental agreements may be either written or oral. The Statute of Frauds applies to a lease agreement that, according to its terms, cannot be performed and completed within one year. This means that if the actual terms of the agreement make it impossible to be performed within one year, e.g. a two (2) year rental agreement, it must be in writing to be enforceable. Though as a matter of precaution to both landlord and tenants, most rental agreements are written because oral agreements can be subject to misunderstandings, open to interpretation and are generally difficult to prove the actual terms. Though the written agreement need not be formal. It can be a simple letter stating the rights and obligations of both the landlord and tenant and must be signed at the very least by the tenant for the landlord to enforce its rights against the tenant.

If the lease is an oral lease and performance of the lease can be completed within one year, Section 83.46(2), F. S. applies as to the duration of the tenancy. The duration will be determined by the periods by which rent is payable (e.g. week-to-week, month-to-month, etc.) and all other terms are interpreted under Chapter 83 of the Florida Statutes.

Though, it is important to note that Florida law requires that notices to and from a landlord must be in writing, even if the rental agreement is oral. If the proper notice requirements are not met as proscribed by Chapter 83 of the Florida Statutes, a party’s rights and/or defenses may be waived under the law.

By Gina Silvestri, Esq.

Can a child support order be modified?

The law recognizes that an individual’s circumstances may change following a divorce. As such, so too may the circumstances as to the payment and amount of payment of child support as the needs of the child may change as they grow older. Florida law has adopted statutory guidelines regarding the amount of child support a non-residential parent must pay a residential parent. These guidelines are utilized in determining child support by following a straightforward procedure based upon specific calculations relating to the respective incomes of the parents.

Child support must be paid as long as the child is a minor or continues to be either mentally or physically dependent. The failure of a non-residential parent to pay their child support obligations can be quite severe, for example, loss of their state issued driver’s licenses, non-dischargeability in bankruptcy, IRS tax refunds can be intercepted or potential arrest. Though what is important to know is that child support orders can be modified, either upwards or downwards, upon providing proof to the court of any substantial change in circumstances affecting the supported child's welfare or the non-residential parent's ability to pay. Section 61.14(1) (a) (1), F. S. states that “either party may apply” for modification of child support. In addition, under Section 61.14(2)(a)-(k), F. S, the court takes into consideration a series of factors in making its determination to reduce or even terminate a child support order.

By Gina Silvestri, Esq.

What Constitutes Sexual Harassment?

There is no hard rule that Courts use to determine what constitutes Sexual Harassment; however, Courts use certain guidelines as well as use a totality of the circumstance test. Generally speaking, the conduct/harassment needs to be more than merely insulting or rude and boorish behavior. The anti-Sexual Harassment laws are not intended to be “general civility codes.” The required standard is to establish that the conduct/harassment was so severe or pervasive that it adversely affected the terms or conditions of the employee's employment. The adverse effect on the employee must be subjective, as well as objective. Not only must the employee suffer from the harassment, but it is also required that a reasonable person in the shoes of the employee would likely have suffered from such conduct. The latter is primarily a jury issue, if a minimum of bad conduct on the part of a co-worker or supervisor is established.

Certainly, repeated, unwanted touchings in the work place is sexual harassment. Repeated sexual jokes, if offensive, may also rise to the level of harassment.

With co-worker sexual harassment, the employer must be given an opportunity to stop the sexual harassment. This usually means that the employee is required to inform his or her manager or human resources of the offensive conduct in order for the employer to enjoy liability.

With sexual harassment by a supervisor, it gets a bit trickier. If the employer has a direct and appropriate policy and procedure to address sexual harassment by a supervisor, the employee should follow the process; otherwise, the employer may have an affirmative defense against the employee and abscond liability.

Of course, after an employee complains of sexual harassment, and the employer does nothing or, even worse, if the employer retaliates against the employee, then the employer incurs liability, including an additional claim of retaliation under Title VII.