Violation of Probation (video)

Attorney Dedra Sibley discusses the criminal law issue Violation of Probation.

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.

Driving Under the Influence (DUI) (video)

Attorney Dedra Sibley discusses the criminal law issue of Driving Under the Influence (DUI) -- also known as Driving While Intoxicated (DWI).

Explanation of Felony and Misdemeanor Charge (video)

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

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.