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Decisions of Interest
Family-Sponsored Immigrant May Rely on Immigrations Support Affidavit
The trial court erred in determining that defendant wife was not entitled to seek enforcement of a federal Form I-864 affidavit of support on the grounds that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which required the signing of the affidavit before defendant could enter the United States as a family-sponsored immigrant, was for public benefit only and did not afford defendant a private cause of action. Moody v. Sorokina, '- N.Y.S.2d ”, 2007 N.Y. Slip Op. 00947 (4th Dept., 2/02/07) (Pine, J.).
Defendant wife emmigrated from Ukraine in 1999 to marry plaintiff. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, plaintiff had to submit a Form I-864 affidavit of support promising to maintain her at no less than 125% of the federal poverty line. The parties had a child and, in May 2002, defendant sought a divorce, child custody and a protection order. Defendant appealed a Supreme Court's order on support and equitable distribution issues, claiming it erred in ruling her not entitled to pursue the support affidavit's enforcement. In a case of apparent first impression, the appellate panel held that the court erred. Citing cases from Ohio, Maryland and Connecticut, it ruled that '[t]he cases that have addressed the enforceability of the Form I-864 affidavit ' by the sponsored immigrant have found that the form is a legally enforceable contract and that the sponsored immigrant 'has independent standing to enforce the sponsor's obligation' in any federal or state court.'
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.
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.
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.
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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?