This article will provide helpful hints to applicants or representatives when filing immigration forms or USCIS forms.
Tips when filing USCIS Immigration forms
Author: Rachel Immig
Most people will think they can work through the application without instructions, but that could be a costly mistake. The USCIS offers detailed instructions for filling out immigration forms or USCIS forms. There is specific information expected for each answer and an incorrect answer will delay the application process. Some important tips when filing USCIS forms or immigration forms are as follows: • You must use the most current edition of the USCIS forms. • Respond to all questions and provide information in the answer blanks and check boxes in the USCIS forms.. • Print or type information using black ink only. IMPORTANT: Do NOT “highlight” or “background shade” entries in USCIS forms. • Make sure the applicant or petitioner signs the USCIS forms as instructed. • Include the correct fee specified in the immigration forms instructions. Attach the fee or fee waiver by paper clip in the upper left corner of the completed immigration forms. • Provide all requested documentation and evidence with the immigration forms. • Follow the instructions on the notice you receive for biometrics/fingerprinting. The date, time, and location of your appointment will be provided. Take all receipt notices you have with you to your appointment. Take the following steps to avoid delays in processing the immigration forms. • Do NOT send original passports or other valuable personal documents with your immigration forms. Make sure that copies of original passports or personal documents are made on standard white letter-sized paper (8.5 inches x 11 inches) • Use paper clips when attaching supporting personal documents to USCIS forms (do NOT use “ACCO” fasteners; staples are acceptable when attaching fees). • If a payment is submitted, attach it to the first primary USCIS form by paper clip or staple, and make sure the name of the applicant is indicated on the payment document (i.e., in the memo field). IMPORTANT: If more than one USCIS forms are filed using a single check, and any of the USCIS forms are found to be improperly filed, ALL USCIS forms will be rejected. • Make checks or money orders payable to “U.S. Department of Homeland Security.” or Treasurer, Guam (If you live in Guam) or Commissioner of Finance of the Virgin Islands (If you live in the U.S. Virgin Islands). • Always use the same name and the same version of the name on all immigration forms that pertain to the same person (I-485, I-765, I-131, etc.). • In the address section of any document, the “care of” line is for names only, such as an attorney, firm/organization, or a building. Do not put a street address in the “care of” section. • “Place of Birth” always means country of birth. • Include the date of birth on all USCIS forms in the designated field in MM/DD/YYYY format. • The applicant or petitioner must sign each Immigration forms submitted. You must pay your USCIS form fee with a personal check, money order, or cashier’s check. DO NOT send cash. Read the I-797 Receipt Notice carefully. Wait the amount of time listed before inquiring on the status of your case. The processing time is different for each USCIS form type. All foreign language documents must be submitted with a corresponding English translation. This English translation must be certified by a translator who is competent to translate and who must verify in writing that “the translation is true and accurate to the best of the translator’s abilities.” When you have completed filling immigration forms, have a family member or friend look over the immigration forms to make sure every question is answered. Immigration forms might be a long and detailed application/petition and it is easy to miss an answer, or perhaps put the answer to one question under a different question. Any errors or missing information will result in a delay of your application process. Someone else looking over your immigration forms is more likely to find errors you don’t see.
Article Source: http://www.articlesbase.com/national,-state,-local-articles/tips-when-filing-uscis-immigration-forms-1396015.html
About the Author:
To get help with your green card renewal visit http://www.immigrationdirect.com/ for more info.
Friday, October 30, 2009
Tuesday, October 27, 2009
Bylaw Legal Form
Getting a legal form is easier than ever. Learn the advantage of the Internet and bylaw legal forms for use.
Bylaw Legal Form - The Internet Solution
Author: Oli Osorhan
The Internet. Never has there been so much information available to the common man on all sorts of topics. The danger being of course that one can never really know if the information they are reading about is actual facts or complete fantasy. While this is not important maybe when searching for information on a rock band or trying to look up when a movie is playing locally, but when that information is medical or legal you need to be sure that what you’re reading is in fact valid. Let’s say for the sake of discussion you are in need of a bylaw legal form. What would you do? Unless you have a law degree you can’t just simply sit down and type one out. But do you really want the expense of hiring an attorney to fill out a simple document like a bylaw form? The legal arena is a tangled web in itself. There are so many laws and regulations covering all aspects of society. But thanks to the Internet simple procedures which were once only in the realm of attorneys only can now be taken care of much easier and less expensive by you with little to no legal training at all. The easiest and best examples of this are simple legal forms which are now available all over the Internet. Where before these almost secret documents were closely held by lawyers, one can now surf the web and download and print legal forms printing them out and saving literally hundred to thousands of dollars. Take the bylaw form for example. This simple form can now be looked up and downloaded from many online legal advice sites and then filled out with all your personal information. Then simply print it out and take it to get notarized and you have a legal document which will be upheld in any court in the land. Before getting a simple bylaw form filled out and official by a lawyer could easily cost hundred if not thousands of dollars depending on intricacies and details. Now with a simple download you can fill out your bylaw form and be on your way. Bylaws are just one example of the legal forms available on the Internet but the reason bylaws is such a perfect example is that what you are doing yourself by downloading the form your self is exactly what a lawyer would do. He simply would tell his secretary or paralegal to fill out the form and then he would sign it handing it over. Of course you will pay for an hour or more of the lawyer’s time when all that happened was what you can do yourself. So the next time you need a bylaw form just find and fill it out yourself. Bylaw forms and more are all available right on the Internet. Your brand new legal advisor. http://www.legal.moneybizhome.com/
Article Source: http://www.articlesbase.com/internet-law-articles/bylaw-legal-form-the-internet-solution-1387583.html
About the Author:
Oli works full time as a Market Analyst.He graduated in Management.He can help you to grow your computer consulting.
http://www.moneybizhome.com/computers
Bylaw Legal Form - The Internet Solution
Author: Oli Osorhan
The Internet. Never has there been so much information available to the common man on all sorts of topics. The danger being of course that one can never really know if the information they are reading about is actual facts or complete fantasy. While this is not important maybe when searching for information on a rock band or trying to look up when a movie is playing locally, but when that information is medical or legal you need to be sure that what you’re reading is in fact valid. Let’s say for the sake of discussion you are in need of a bylaw legal form. What would you do? Unless you have a law degree you can’t just simply sit down and type one out. But do you really want the expense of hiring an attorney to fill out a simple document like a bylaw form? The legal arena is a tangled web in itself. There are so many laws and regulations covering all aspects of society. But thanks to the Internet simple procedures which were once only in the realm of attorneys only can now be taken care of much easier and less expensive by you with little to no legal training at all. The easiest and best examples of this are simple legal forms which are now available all over the Internet. Where before these almost secret documents were closely held by lawyers, one can now surf the web and download and print legal forms printing them out and saving literally hundred to thousands of dollars. Take the bylaw form for example. This simple form can now be looked up and downloaded from many online legal advice sites and then filled out with all your personal information. Then simply print it out and take it to get notarized and you have a legal document which will be upheld in any court in the land. Before getting a simple bylaw form filled out and official by a lawyer could easily cost hundred if not thousands of dollars depending on intricacies and details. Now with a simple download you can fill out your bylaw form and be on your way. Bylaws are just one example of the legal forms available on the Internet but the reason bylaws is such a perfect example is that what you are doing yourself by downloading the form your self is exactly what a lawyer would do. He simply would tell his secretary or paralegal to fill out the form and then he would sign it handing it over. Of course you will pay for an hour or more of the lawyer’s time when all that happened was what you can do yourself. So the next time you need a bylaw form just find and fill it out yourself. Bylaw forms and more are all available right on the Internet. Your brand new legal advisor. http://www.legal.moneybizhome.com/
Article Source: http://www.articlesbase.com/internet-law-articles/bylaw-legal-form-the-internet-solution-1387583.html
About the Author:
Oli works full time as a Market Analyst.He graduated in Management.He can help you to grow your computer consulting.
http://www.moneybizhome.com/computers
Etykiety:
Bylaw Legal Form
Sunday, October 25, 2009
lawyer, dentist
Dental Fraud and Malpractice Attorney Sebastian Gibson Discusses Dental Group Scams, Dentist Fraud, Rip Offs, Bait and Switch Tactics, False Advertising and Dental Malpractice in California and how a few bad apples in the Dental Profession are tarnishing honest, ethical and caring dentists with the same toothbrush.
Dental Group Scams, Dentist Fraud, Rip Offs, Bait and Switch, False Advertising and Dental Malpractice in California
Author: R. Sebastian Gibson
According to the Coalition Against Insurance Fraud, most dentists are honest and ethical dental practitioners who provide their patients with professional and caring treatment. We agree wholeheartedly. Most dentists would never consider being part of a scam, rip off or any type of fraud.. However, the Coalition Against Insurance Fraud, which has many insurance companies among its charter members states that "a small but disturbing number of dentists, however, are dishonest." While it can be difficult to determine who is at fault in a specific dental office, the complaints made by certain dental patients in California paint a disturbing picture in some situations of fraudulent, negligent and unethical treatment. Being primarily a plaintiff’s law firm (although one that has on occasion represented Canadian insurance companies - you shouldn’t really hold that against us since, after all, they were Canadian), we rarely take sides with insurance companies. However, when it comes to dentists involved in scams, rip-offs, over-charging and performing negligent dental treatment, we agree that something can and should be done to prevent these few bad apples from tarnishing the dental profession as a whole with the same toothbrush. Scams by disreputable dentists include providing worthless or unnecessary treatment, over-charging for routine services such as teeth cleaning, inflating estimates for dental work in order to push dental plans that may or may not even be valid insurance plans, operating dental clinics without the proper precautions for safety and hygiene, and operating without sufficient or properly trained and suddenly rude inconsiderate staff as soon as their billing practices are questioned or advertised services are asked to be performed. And then there are the dentists who simply provide negligent dental treatment. We know that anyone can make a mistake. Our concern is with those dentists either participating in scams and defrauding their patients or those who on a regular basis commit malpractice. If you’ve been the victim of a scam, rip off, fraud or a bait and switch by a California dentist or dental group, received negligent dental services, been the victim of dental malpractice, overcharging, false advertising, or have been threatened or harassed or defrauded in any way by a dentist, dental treatment coordinator, hygienist, or the dental equivalent of a high pressure used car or financing department salesman, call the Law Offices of R. Sebastian Gibson at (800) 589-3202 or e-mail us at http://www.SebastianGibsonLaw.com Unfortunately, a few bad groups of dentists participating in scams instead of good dentistry, who put the pain in peoples’ wallets instead of putting smiles on the faces of their patients, lead to complaints and word of mouth to avoid these dentists at all cost. At a time when economic conditions are nearly as bad as they were in 1929 or ‘39, dentists offering low cost teeth cleaning, X-rays and other routine services should be the norm. Instead, some dentists have chosen to inflate their prices, and prey on the unwary by using tactics such as the old bait and switch. Patients come into their offices for advertised services for an advertised dollar amount and are instead talked into much higher $ services when they are told they have a need for braces, extractions, deep cleaning, gum treatment, mouthwashes, expensive night guards, fillings, root canals, crowns, dental posts and retainers. These rip off artists go on to provide worthless treatment to those who can least afford it. Their offices inflate their bills, and sometimes may even provide (or in the case of phantom treatment, fail to provide) treatment by unlicensed or improperly trained or licensed staff, who like Jekyll and Hyde suddenly turn into con artists and high pressure salesmen if not rude and pushy bullies when their estimates or bills are questioned and who go on to either refuse to provide the advertised services or who tell patients in pain and in tears to leave and never come back. Patients expecting the usual good service offered by honest dentists instead find themselves the victims of fraud. They are sold fake dental plans, or told they need painful, dangerous and sometimes disfiguring surgery not covered by insurance plans. They are told by office staff members that they have gum disease if not poor gum health, that they need expensive mouth rinses and antibiotics, that they need cavities filled, fillings replaced by expensive dental posts, teeth extractions, deep cleaning and possibly gum treatment as well, and in order just to get the simple low cost service they came in for, they will need to wait hours if not return another day, at a cost of more time and money because the dental hygienist who should have been there for the appointment it took three weeks to schedule is not there after all. Most dentists are honest and caring individuals who genuinely have the best interests of their patients at heart. They become friends with their patients and often treat them and their family members for life. It is therefore disappointing that those few dental groups who would put profits ahead of ethics would risk tarnishing the reputations of these honest dentists. If you’ve been the victim of a dental scam, rip off or fraud anywhere in California, call the Law Offices of R. Sebastian Gibson and let us know what you’ve been through. Nothing in this article is meant to refer to any one particular dentist or dental group and any interpretation of this article as referring to any one dentist or dental corporation is an incorrect interpretation. If, however, you’ve had an unpleasant incident or a bad experience at the office of a dentist or dental group in California, or if you worked with or trained at a dental group which was designed to take advantage of its clients, we’d like to hear about what you experienced. If you have any documents that evidence what you went through, we’d be interested in seeing them. Please e-mail us at http://www.SebastianGibsonLaw.com and let us know what happened to you and which dentist or dental office attempted to con you or others into paying too much.
Article Source: http://www.articlesbase.com/health-and-safety-articles/dental-group-scams-dentist-fraud-rip-offs-bait-and-switch-false-advertising-and-dental-malpractice-in-california-1376563.html
About the Author:
If you’ve been the victim of a dental group or dentist scam, fraud, rip off, bait and switch, false advertising or over-charged, visit us at http://www.SebastianGibsonLaw.com and call us at any of the numbers easily found on our website or click on one of these links, California Dental Fraud Attorney and California Dental Malpractice Lawyer for representation throughout California.
Dental Group Scams, Dentist Fraud, Rip Offs, Bait and Switch, False Advertising and Dental Malpractice in California
Author: R. Sebastian Gibson
According to the Coalition Against Insurance Fraud, most dentists are honest and ethical dental practitioners who provide their patients with professional and caring treatment. We agree wholeheartedly. Most dentists would never consider being part of a scam, rip off or any type of fraud.. However, the Coalition Against Insurance Fraud, which has many insurance companies among its charter members states that "a small but disturbing number of dentists, however, are dishonest." While it can be difficult to determine who is at fault in a specific dental office, the complaints made by certain dental patients in California paint a disturbing picture in some situations of fraudulent, negligent and unethical treatment. Being primarily a plaintiff’s law firm (although one that has on occasion represented Canadian insurance companies - you shouldn’t really hold that against us since, after all, they were Canadian), we rarely take sides with insurance companies. However, when it comes to dentists involved in scams, rip-offs, over-charging and performing negligent dental treatment, we agree that something can and should be done to prevent these few bad apples from tarnishing the dental profession as a whole with the same toothbrush. Scams by disreputable dentists include providing worthless or unnecessary treatment, over-charging for routine services such as teeth cleaning, inflating estimates for dental work in order to push dental plans that may or may not even be valid insurance plans, operating dental clinics without the proper precautions for safety and hygiene, and operating without sufficient or properly trained and suddenly rude inconsiderate staff as soon as their billing practices are questioned or advertised services are asked to be performed. And then there are the dentists who simply provide negligent dental treatment. We know that anyone can make a mistake. Our concern is with those dentists either participating in scams and defrauding their patients or those who on a regular basis commit malpractice. If you’ve been the victim of a scam, rip off, fraud or a bait and switch by a California dentist or dental group, received negligent dental services, been the victim of dental malpractice, overcharging, false advertising, or have been threatened or harassed or defrauded in any way by a dentist, dental treatment coordinator, hygienist, or the dental equivalent of a high pressure used car or financing department salesman, call the Law Offices of R. Sebastian Gibson at (800) 589-3202 or e-mail us at http://www.SebastianGibsonLaw.com Unfortunately, a few bad groups of dentists participating in scams instead of good dentistry, who put the pain in peoples’ wallets instead of putting smiles on the faces of their patients, lead to complaints and word of mouth to avoid these dentists at all cost. At a time when economic conditions are nearly as bad as they were in 1929 or ‘39, dentists offering low cost teeth cleaning, X-rays and other routine services should be the norm. Instead, some dentists have chosen to inflate their prices, and prey on the unwary by using tactics such as the old bait and switch. Patients come into their offices for advertised services for an advertised dollar amount and are instead talked into much higher $ services when they are told they have a need for braces, extractions, deep cleaning, gum treatment, mouthwashes, expensive night guards, fillings, root canals, crowns, dental posts and retainers. These rip off artists go on to provide worthless treatment to those who can least afford it. Their offices inflate their bills, and sometimes may even provide (or in the case of phantom treatment, fail to provide) treatment by unlicensed or improperly trained or licensed staff, who like Jekyll and Hyde suddenly turn into con artists and high pressure salesmen if not rude and pushy bullies when their estimates or bills are questioned and who go on to either refuse to provide the advertised services or who tell patients in pain and in tears to leave and never come back. Patients expecting the usual good service offered by honest dentists instead find themselves the victims of fraud. They are sold fake dental plans, or told they need painful, dangerous and sometimes disfiguring surgery not covered by insurance plans. They are told by office staff members that they have gum disease if not poor gum health, that they need expensive mouth rinses and antibiotics, that they need cavities filled, fillings replaced by expensive dental posts, teeth extractions, deep cleaning and possibly gum treatment as well, and in order just to get the simple low cost service they came in for, they will need to wait hours if not return another day, at a cost of more time and money because the dental hygienist who should have been there for the appointment it took three weeks to schedule is not there after all. Most dentists are honest and caring individuals who genuinely have the best interests of their patients at heart. They become friends with their patients and often treat them and their family members for life. It is therefore disappointing that those few dental groups who would put profits ahead of ethics would risk tarnishing the reputations of these honest dentists. If you’ve been the victim of a dental scam, rip off or fraud anywhere in California, call the Law Offices of R. Sebastian Gibson and let us know what you’ve been through. Nothing in this article is meant to refer to any one particular dentist or dental group and any interpretation of this article as referring to any one dentist or dental corporation is an incorrect interpretation. If, however, you’ve had an unpleasant incident or a bad experience at the office of a dentist or dental group in California, or if you worked with or trained at a dental group which was designed to take advantage of its clients, we’d like to hear about what you experienced. If you have any documents that evidence what you went through, we’d be interested in seeing them. Please e-mail us at http://www.SebastianGibsonLaw.com and let us know what happened to you and which dentist or dental office attempted to con you or others into paying too much.
Article Source: http://www.articlesbase.com/health-and-safety-articles/dental-group-scams-dentist-fraud-rip-offs-bait-and-switch-false-advertising-and-dental-malpractice-in-california-1376563.html
About the Author:
If you’ve been the victim of a dental group or dentist scam, fraud, rip off, bait and switch, false advertising or over-charged, visit us at http://www.SebastianGibsonLaw.com and call us at any of the numbers easily found on our website or click on one of these links, California Dental Fraud Attorney and California Dental Malpractice Lawyer for representation throughout California.
Friday, October 23, 2009
los angeles immigration lawyer
Probably the most requested question on our Website involves the situation where the non-resident alien wants to enter the United States on either a visa waiver or visitor visa, for the purpose of marrying a United States citizen.
Screened Los Angeles Immigration Attorney & Lawyer Referral 800-723-1391
Author: State Bar Approved Lawyer Referrals
In the majority of these cases, the alien wants to stay with their spouse in the US and not have to return to their home country in order to obtain an immigrant visa. Let us discuss some of the scenarios, and the possible ramifications of each, as well as discussing briefly the procedures that will have to be followed in order to file for permanent residence (green card). 1. Entering the US with the specific intention of marrying and then filing for adjustment of status. This is probably the most common situation and can often lead to the greatest problems. It must be remembered that a person entering the US on a visitor visa, or visa waiver, is coming for the purpose of a brief visit, and they intend to return to their country prior to the expiration of their authorized stay in the US. Therefore, if they are really coming to marry a US citizen and then file for adjustment of status, they are not bona fide visitors for pleasure. As such, they are impliedly, if not specifically, misrepresenting their true intentions when they apply for entry to the United States. If the US Immigration officer at the port of entry knows that they are not really coming to visit, but rather intend to stay permanently in the US, they very likely could be denied entry and required to return to their home country, where they will have to apply for their immigrant visa. There is also the possibility that the immigration officer could actually place the individual in removal proceedings, which could require them to obtain a waiver if they later wish to return to the US. Even if the individual enters the US without any difficulty, a problem could still arise at the time that the individual appears for their adjustment of status interview. Again, if the immigration officer learns that the alien misrepresented their true intention at the time of entry, the officer could require the alien to file for a waiver of inadmissibility, which could be denied in the exercise of discretion. There is case law that states “in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.” This is particularly true “where substantial equities are present in the case.” However, the Board of Immigration Appeals has also held that “entry into the United States as a nonimmigrant with a preconceived intention to remain is a serious adverse factor.” Based on the foregoing, it should be clearly understood that there is always a risk involved when entering the United States for the purpose of marriage to a US citizen and then filing for adjustment of status, although in the majority of cases, the application will nonetheless be approved, especially where there are substantial equities and no other adverse factors. 2. Entering the US to visit and then deciding to marry and file for adjustment of status. In this scenario, the non-resident alien is coming to the US to visit a friend and, after they have been here for a while, the couple decides to get married and the alien files for adjustment of status. In this situation, the alien is less likely to encounter the problem of the person who entered the US for the specific purpose of marrying and filing for residence. However, in this situation, the alien should be prepared to show that he or she entered as a bona fide non-immigrant, either with a visa or on a visa waiver, and only decided to marry and file for adjustment after entry to the US. Naturally, the more time that passes between the entry and the marriage, the easier it will be to prove non-immigrant intent at the time of entry. 3. Entering the US to marry a US citizen, and then returning to your country to consular process. This situation is perfectly legitimate, but can often cause serious problems to the alien. The most obvious problem is that the INS officer at the port of entry may not believe that the alien will in fact return to his or her country after marrying the US citizen. Therefore, what often happens is that the alien is denied entry and must go back to their country and have a fiancé(e) visa petition processed on their behalf. 4. Entering the US, getting engaged, and then processing a fiancé(e) visa through the consulate. This is a common situation, and is perfectly legitimate. The alien enters the US to visit his or her friend, and then they decide to marry. For various reasons, the alien does not wish to marry at this time, and wants to return to his or her country. In this situation, the US citizen would file a fiancé(e) petition (Form I-129F) with the Immigration Service. Once the petition is approved, it is forwarded to the US consulate where the alien resides, and he or she will apply for a K-1 visa. Once the alien enters the US, he or she MUST marry the petitioner within 90 days and then file for adjustment of status with the INS office that has jurisdiction over the couple’s place of residence in the US. 5. US citizen travels abroad to marry alien, who will apply for an immigrant visa or a K-3 visa at the consulate. In this situation, the US citizen will travel abroad and marry the alien in his or her country. Following the marriage, there are several options available. The best and fastest is for the US citizen spouse to file an I-130 petition directly with the US consulate. The problem is that some consulates do not want to be burdened with these petitions and, consequently, refuse to accept jurisdiction. Therefore, it is important before making any definite plans, to speak with a consular officer to see whether they would be willing to entertain the I-130 petition. If they do, then a consular officer will interview the couple and, if satisfied with the bona fides of the marriage, the petition will be approved. At that point, the alien can begin processing the application for an immigrant visa to the United States. If the consul does not wish to accept jurisdiction of the case, the US citizen petitioner would have to file the I-130 petition with the Immigration Service Center that has jurisdiction over the place of petitioner’s residence in the US. If the parties are not in a hurry for the alien to come to the US, they can wait for the Service Center to approve the I-130 petition and then forward it to the National Visa Center, and then the US consulate for processing of an immigrant visa. However, if the alien wishes to come to the US more quickly, the US citizen spouse should also file immigration form I-129F, after filing the I-130 petition. When this petition is approved, it will be forwarded to the consulate where the alien can apply for a K-3 visa. Once the visa is issued, the alien will be permitted to enter the US. After entry, the alien can immediately file for adjustment of status to permanent residence.
Article Source: http://www.articlesbase.com/immigration-articles/screened-los-angeles-immigration-attorney-lawyer-referral-8007231391-1370755.html
About the Author:
To find pre-screened and monitored attorneys in the Los Angeles Metro area please call 661-310-7999 .
Certified by the California Bar Association (Certification # 0128), 1000Attorneys.com is a single point of contact to find pre-screened attorneys in Los Angeles, California. The lawyer referral program complies with rules and regulations set forth by the Bar and the Supreme Court to provide unbiased lawyer referrals to Los Angeles residents
Screened Los Angeles Immigration Attorney & Lawyer Referral 800-723-1391
Author: State Bar Approved Lawyer Referrals
In the majority of these cases, the alien wants to stay with their spouse in the US and not have to return to their home country in order to obtain an immigrant visa. Let us discuss some of the scenarios, and the possible ramifications of each, as well as discussing briefly the procedures that will have to be followed in order to file for permanent residence (green card). 1. Entering the US with the specific intention of marrying and then filing for adjustment of status. This is probably the most common situation and can often lead to the greatest problems. It must be remembered that a person entering the US on a visitor visa, or visa waiver, is coming for the purpose of a brief visit, and they intend to return to their country prior to the expiration of their authorized stay in the US. Therefore, if they are really coming to marry a US citizen and then file for adjustment of status, they are not bona fide visitors for pleasure. As such, they are impliedly, if not specifically, misrepresenting their true intentions when they apply for entry to the United States. If the US Immigration officer at the port of entry knows that they are not really coming to visit, but rather intend to stay permanently in the US, they very likely could be denied entry and required to return to their home country, where they will have to apply for their immigrant visa. There is also the possibility that the immigration officer could actually place the individual in removal proceedings, which could require them to obtain a waiver if they later wish to return to the US. Even if the individual enters the US without any difficulty, a problem could still arise at the time that the individual appears for their adjustment of status interview. Again, if the immigration officer learns that the alien misrepresented their true intention at the time of entry, the officer could require the alien to file for a waiver of inadmissibility, which could be denied in the exercise of discretion. There is case law that states “in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.” This is particularly true “where substantial equities are present in the case.” However, the Board of Immigration Appeals has also held that “entry into the United States as a nonimmigrant with a preconceived intention to remain is a serious adverse factor.” Based on the foregoing, it should be clearly understood that there is always a risk involved when entering the United States for the purpose of marriage to a US citizen and then filing for adjustment of status, although in the majority of cases, the application will nonetheless be approved, especially where there are substantial equities and no other adverse factors. 2. Entering the US to visit and then deciding to marry and file for adjustment of status. In this scenario, the non-resident alien is coming to the US to visit a friend and, after they have been here for a while, the couple decides to get married and the alien files for adjustment of status. In this situation, the alien is less likely to encounter the problem of the person who entered the US for the specific purpose of marrying and filing for residence. However, in this situation, the alien should be prepared to show that he or she entered as a bona fide non-immigrant, either with a visa or on a visa waiver, and only decided to marry and file for adjustment after entry to the US. Naturally, the more time that passes between the entry and the marriage, the easier it will be to prove non-immigrant intent at the time of entry. 3. Entering the US to marry a US citizen, and then returning to your country to consular process. This situation is perfectly legitimate, but can often cause serious problems to the alien. The most obvious problem is that the INS officer at the port of entry may not believe that the alien will in fact return to his or her country after marrying the US citizen. Therefore, what often happens is that the alien is denied entry and must go back to their country and have a fiancé(e) visa petition processed on their behalf. 4. Entering the US, getting engaged, and then processing a fiancé(e) visa through the consulate. This is a common situation, and is perfectly legitimate. The alien enters the US to visit his or her friend, and then they decide to marry. For various reasons, the alien does not wish to marry at this time, and wants to return to his or her country. In this situation, the US citizen would file a fiancé(e) petition (Form I-129F) with the Immigration Service. Once the petition is approved, it is forwarded to the US consulate where the alien resides, and he or she will apply for a K-1 visa. Once the alien enters the US, he or she MUST marry the petitioner within 90 days and then file for adjustment of status with the INS office that has jurisdiction over the couple’s place of residence in the US. 5. US citizen travels abroad to marry alien, who will apply for an immigrant visa or a K-3 visa at the consulate. In this situation, the US citizen will travel abroad and marry the alien in his or her country. Following the marriage, there are several options available. The best and fastest is for the US citizen spouse to file an I-130 petition directly with the US consulate. The problem is that some consulates do not want to be burdened with these petitions and, consequently, refuse to accept jurisdiction. Therefore, it is important before making any definite plans, to speak with a consular officer to see whether they would be willing to entertain the I-130 petition. If they do, then a consular officer will interview the couple and, if satisfied with the bona fides of the marriage, the petition will be approved. At that point, the alien can begin processing the application for an immigrant visa to the United States. If the consul does not wish to accept jurisdiction of the case, the US citizen petitioner would have to file the I-130 petition with the Immigration Service Center that has jurisdiction over the place of petitioner’s residence in the US. If the parties are not in a hurry for the alien to come to the US, they can wait for the Service Center to approve the I-130 petition and then forward it to the National Visa Center, and then the US consulate for processing of an immigrant visa. However, if the alien wishes to come to the US more quickly, the US citizen spouse should also file immigration form I-129F, after filing the I-130 petition. When this petition is approved, it will be forwarded to the consulate where the alien can apply for a K-3 visa. Once the visa is issued, the alien will be permitted to enter the US. After entry, the alien can immediately file for adjustment of status to permanent residence.
Article Source: http://www.articlesbase.com/immigration-articles/screened-los-angeles-immigration-attorney-lawyer-referral-8007231391-1370755.html
About the Author:
To find pre-screened and monitored attorneys in the Los Angeles Metro area please call 661-310-7999 .
Certified by the California Bar Association (Certification # 0128), 1000Attorneys.com is a single point of contact to find pre-screened attorneys in Los Angeles, California. The lawyer referral program complies with rules and regulations set forth by the Bar and the Supreme Court to provide unbiased lawyer referrals to Los Angeles residents
Etykiety:
los angeles immigration lawyer
Wednesday, October 21, 2009
Ghaziabad Changing Room Incident
The arrest of famous store room owner at Ghaziabad for allegedly planting secret camera to make clippings of the female customer while using the trial room has shown adverse impact upon our concept of privacy. The peeping cameras are becoming technologically advanced, tiny and easily available at cheaper prices. They can be planted secretly with ease and its pervasive application has contributed to the growing fascination for younger generation obsession with voyeurism.
Ghaziabad Changing Room Incident Shines Spotlight On Video Voyeurism
Author: Neeraj Aarora
Neeraj Aarora: AICWA, LLB, PGD (Cyber & DLTA), CFE (USA) The arrest of famous store room owner at Ghaziabad for allegedly planting secret camera to make clippings of the female customer while using the trial room has shown adverse impact upon our concept of privacy. The peeping cameras are becoming technologically advanced, tiny and easily available at cheaper prices. They can be planted secretly with ease and its pervasive application has contributed to the growing fascination for younger generation obsession with voyeurism. The Ghaziabad incident is not an unprecedented act and various newspapers have reported similar incidents of surreptitiously concealed peeping toms prying into locker rooms, changing rooms of malls, swimming pools in prurient attempts to film unsuspecting victims while in various state of undress. The said newspaper reports are alarming being a very invasive and intimidating crime which also poses a fundamental challenge to individual privacy. What is Video Voyeurism? A new phenomenon of video voyeurism also known as “cyber peeping” has emerged in recent times where images of private area of subject mostly females are captured without her knowledge and then transmitted widely without her consent thus violating privacy rights. Video Voyeurism is the act of secretly or discreetly photographing certain parts of the body mostly unclothed without the person's consent. Video voyeurism typically refers to “up-skirt” or “down-blouse” images taken of women without their consent. We have seen the rise in the cases of video voyeurism, where the victims have been clicked without ever knowing that they have been clicked revealing their private parts. The phenomenal growth of the internet and its user, mostly of the younger age has given rise to this “ up-skirt and down-blouse photography ” which one can view easily at host of video voyeurism websites. The voyeurs who are psychopath to satisfy their lust see surreptitious video surveillance as a form of high-tech hunting and take pride in showcasing their talent in various video voyeurism Web sites which has mushroomed at the World Wide Web and mostly go free taking shelter under the current gap in the law. The Acts of video voyeurism are not only an invasion of a person's privacy, but are also a serious threat to the liberties of a free society as we know and also against our high moral & cultural values or ethos. These criminal activities undermine the most basic levels of privacy to which every citizen is entitled. Do we have law to deal with menace of Video Voyeurism? Realizing the ever growing menace of the Video Voyeurism, the USA, passed federal legislation known as the Video Voyeurism Prevention Act of 2004, which prohibits knowingly capturing an image of private area of an individual by video tape, photograph, film, or any means or broadcast without that individual’s consent and under circumstances in which the individual has a reasonable expectation of privacy. (See relevant Section 1801 of Video Voyeurism Prevention Act of 2004) Thus the said law, make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and mall etc. The law defines a "private area" as the naked or undergarment clad genitals, pubic area, buttocks, or female breast of an individual. The law however makes an exception and does not apply to people engaged in lawful law enforcement or intelligence activities. In India also, we have seen increasing incidents of video voyeurism due to advance technology that has made today's hidden cameras tiny, sleek and adapted for WiFi connections to make transfer of the captured film or movie clip to the web easier and faster. Internet is a product of US Technology, so issues relating to Internet are heavily flavoured by US Constitutional and Legal doctrines. The legislature was aware of this problem and there was no stringent law to specifically deal with the menace of video voyeurism which was rampant due to modern technology . The amendment proposed to the IT Act, inserted a new Section 66E which specifically addresses video voyeurism which is inspired by the Video Voyeurism Prevention Act of 2004 of US. The wordings of proposed Section 66E which makes this sort of “cyber peeping” a felony is as under: “66E Punishment for violation of privacy” Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both Explanation.- For the purposes of this section-- (a) “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons; (b) “capture”, with respect to an image, means to videotape, photograph, film or record by any means; (c) “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast; (d) “publishes” means reproduction in the printed or electronic form and making it available for public; (e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that-- (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or (ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place. Why the Ghaziabad Police have invoked the Indian Penal Code and not the aforesaid provision of IT Amendment Act? In the reported cases of similar nature the police have invoked Section 294 IPC (obscene acts) and Section 509 IPC (insult to modesty of Women) both of which are bailable as per the 1st Schedule to the Code of Criminal Procedure, 1973. The 1st Schedule to the Cr.P.C. categorizes the offences as Cognizable/non cognizable or Bailable/non-bailable. The IT Amendment Act has yet not been notified by the Government and therefore, the offender cannot be booked under newly inserted Section 66E of the IT Amendment, in view of the clear mandate of Article20 (1) of the Constitution of India which says that, “No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence….”. However, it would be pertinent to mention here that aforesaid Section 66E is bailable offence as per the scheme of the yet to be notified Act and if it would have been invoked had the amendment act been notified, would not have much difference for it would not have any deterrent effect on the offender as he can walk out freely, the offence being bailable. Nevertheless, the police should have invoked the provisions of Section 67 IT Act, 2000 (which deals with publication or transmission of obscene information in electronic form) which is stringent penal provision of the IT Act, 2000 as the same is cognizable and non-bailable offence and attracts imprisonment of upto five years and fine upto one lakh rupees in case of first conviction. However, it has been seen that the police in similar cases including the present one have not resorted to Section 67 IT Act, 2000 for the reasons best known to them only. The provisions of Section 67 IT Act, 2000 is clearly attracted as there has been publication or transmission of clippings of female client in various state of undress and same has been transmitted, generated or received stored in electronic/computer equipment which is magnetic, optical or similar device. Thus, the offence is complete in view of Section 67 IT Act read with Section 2 (r) IT Act(defines “Electronic Form”). The provision of Section 67 IT Act, 2000 and Section 2 (r) IT Act is reproduced below: “ 67. Publishing of information which is obscene in electronic form. Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees. ” “ Section 2 (r) "electronic form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device. ” Thus, not invoking the provisions of Section 67 IT Act, 2000 which has a deterrent effect on the offenders as well as which would deter the prospective offenders to commit the crime, in a way amounts to shielding the criminal from the criminal process of law and would encourage them to commit the crime with impunity without any fear of law as they know that they can walk out freely, in view of bailable sections slapped on them by the police. If Any Query Send the mail in neeraj@hazenlegal.com.
Article Source: http://www.articlesbase.com/cyber-law-articles/ghaziabad-changing-room-incident-shines-spotlight-on-video-voyeurism-1297145.html
About the Author:
Neeraj Aarora, Advocate
AICWA, LLB, PGD(Cyber Law), CFE
Mb - +91-987143505. 011-27318700
Email – nirajdp@gmail.com , aarora
Professional Summary
I am a Law graduate, Cost Accountant & Certified Fraud Examiner, presently practicing as an advocate in Delhi Court,providing consultancy on the matter relating to the detection, prevention of cyber crime, collection of digital evidence remedial measures and filing & followup of cases in the court and other legal forum.
Empanelment/Consultant:-
Consultant to 1) World Bank 2) Indusind Bank, Delhi
Arbitrator to “Multi Commodity Exchange of India”, New Delhi
Enrolled as an Advocate with “Bar Council of Delhi” , “Delhi High Court Bar Association” & Supreme Court Bar Association
Qualifications –
AICWA, LLB, PGD(Cyber Law), CFE
Certificate course of “Cyber Crime Investigator
Certificate course of “Cyber Crime Investigation & Cyber Forensic
WORK EXPERIENCE :-
July, 2008 to till date :- Joined BAR COUNCIL OF INDIA as on 15/07/2008 and practicing as an Advocate in Delhi Courts.
May, 1995 to July 2008 :-
I served in the “Economic Offence Wing”, Crime Branch, Delhi Police as an Investigative Officer. I also worked as an Investigator on deputation with Central Beureu of India.
Academic Lectures & Paper Presentations :
Contributing articles on “Forensics & Cyber Fraud” in NIRC News “of ICWAI.
Contributing articles on “Cyber crime & Cyber Law” in “Cyber Times” newspaper.
Delivered lectures on “Fraud in Stock Markets & Corporate sector” at Police Training College, Jaroda kalan, New Delhi
Delivered lectures on “Establishing a chaing of evidence in Cyber Cases” to the officer of Indian Air Force
Delivered Lecture on “Cyber Law & Cyber Crime” in various Engg./Mgt Colleges.
Ghaziabad Changing Room Incident Shines Spotlight On Video Voyeurism
Author: Neeraj Aarora
Neeraj Aarora: AICWA, LLB, PGD (Cyber & DLTA), CFE (USA) The arrest of famous store room owner at Ghaziabad for allegedly planting secret camera to make clippings of the female customer while using the trial room has shown adverse impact upon our concept of privacy. The peeping cameras are becoming technologically advanced, tiny and easily available at cheaper prices. They can be planted secretly with ease and its pervasive application has contributed to the growing fascination for younger generation obsession with voyeurism. The Ghaziabad incident is not an unprecedented act and various newspapers have reported similar incidents of surreptitiously concealed peeping toms prying into locker rooms, changing rooms of malls, swimming pools in prurient attempts to film unsuspecting victims while in various state of undress. The said newspaper reports are alarming being a very invasive and intimidating crime which also poses a fundamental challenge to individual privacy. What is Video Voyeurism? A new phenomenon of video voyeurism also known as “cyber peeping” has emerged in recent times where images of private area of subject mostly females are captured without her knowledge and then transmitted widely without her consent thus violating privacy rights. Video Voyeurism is the act of secretly or discreetly photographing certain parts of the body mostly unclothed without the person's consent. Video voyeurism typically refers to “up-skirt” or “down-blouse” images taken of women without their consent. We have seen the rise in the cases of video voyeurism, where the victims have been clicked without ever knowing that they have been clicked revealing their private parts. The phenomenal growth of the internet and its user, mostly of the younger age has given rise to this “ up-skirt and down-blouse photography ” which one can view easily at host of video voyeurism websites. The voyeurs who are psychopath to satisfy their lust see surreptitious video surveillance as a form of high-tech hunting and take pride in showcasing their talent in various video voyeurism Web sites which has mushroomed at the World Wide Web and mostly go free taking shelter under the current gap in the law. The Acts of video voyeurism are not only an invasion of a person's privacy, but are also a serious threat to the liberties of a free society as we know and also against our high moral & cultural values or ethos. These criminal activities undermine the most basic levels of privacy to which every citizen is entitled. Do we have law to deal with menace of Video Voyeurism? Realizing the ever growing menace of the Video Voyeurism, the USA, passed federal legislation known as the Video Voyeurism Prevention Act of 2004, which prohibits knowingly capturing an image of private area of an individual by video tape, photograph, film, or any means or broadcast without that individual’s consent and under circumstances in which the individual has a reasonable expectation of privacy. (See relevant Section 1801 of Video Voyeurism Prevention Act of 2004) Thus the said law, make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and mall etc. The law defines a "private area" as the naked or undergarment clad genitals, pubic area, buttocks, or female breast of an individual. The law however makes an exception and does not apply to people engaged in lawful law enforcement or intelligence activities. In India also, we have seen increasing incidents of video voyeurism due to advance technology that has made today's hidden cameras tiny, sleek and adapted for WiFi connections to make transfer of the captured film or movie clip to the web easier and faster. Internet is a product of US Technology, so issues relating to Internet are heavily flavoured by US Constitutional and Legal doctrines. The legislature was aware of this problem and there was no stringent law to specifically deal with the menace of video voyeurism which was rampant due to modern technology . The amendment proposed to the IT Act, inserted a new Section 66E which specifically addresses video voyeurism which is inspired by the Video Voyeurism Prevention Act of 2004 of US. The wordings of proposed Section 66E which makes this sort of “cyber peeping” a felony is as under: “66E Punishment for violation of privacy” Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both Explanation.- For the purposes of this section-- (a) “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons; (b) “capture”, with respect to an image, means to videotape, photograph, film or record by any means; (c) “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast; (d) “publishes” means reproduction in the printed or electronic form and making it available for public; (e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that-- (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or (ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place. Why the Ghaziabad Police have invoked the Indian Penal Code and not the aforesaid provision of IT Amendment Act? In the reported cases of similar nature the police have invoked Section 294 IPC (obscene acts) and Section 509 IPC (insult to modesty of Women) both of which are bailable as per the 1st Schedule to the Code of Criminal Procedure, 1973. The 1st Schedule to the Cr.P.C. categorizes the offences as Cognizable/non cognizable or Bailable/non-bailable. The IT Amendment Act has yet not been notified by the Government and therefore, the offender cannot be booked under newly inserted Section 66E of the IT Amendment, in view of the clear mandate of Article20 (1) of the Constitution of India which says that, “No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence….”. However, it would be pertinent to mention here that aforesaid Section 66E is bailable offence as per the scheme of the yet to be notified Act and if it would have been invoked had the amendment act been notified, would not have much difference for it would not have any deterrent effect on the offender as he can walk out freely, the offence being bailable. Nevertheless, the police should have invoked the provisions of Section 67 IT Act, 2000 (which deals with publication or transmission of obscene information in electronic form) which is stringent penal provision of the IT Act, 2000 as the same is cognizable and non-bailable offence and attracts imprisonment of upto five years and fine upto one lakh rupees in case of first conviction. However, it has been seen that the police in similar cases including the present one have not resorted to Section 67 IT Act, 2000 for the reasons best known to them only. The provisions of Section 67 IT Act, 2000 is clearly attracted as there has been publication or transmission of clippings of female client in various state of undress and same has been transmitted, generated or received stored in electronic/computer equipment which is magnetic, optical or similar device. Thus, the offence is complete in view of Section 67 IT Act read with Section 2 (r) IT Act(defines “Electronic Form”). The provision of Section 67 IT Act, 2000 and Section 2 (r) IT Act is reproduced below: “ 67. Publishing of information which is obscene in electronic form. Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees. ” “ Section 2 (r) "electronic form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device. ” Thus, not invoking the provisions of Section 67 IT Act, 2000 which has a deterrent effect on the offenders as well as which would deter the prospective offenders to commit the crime, in a way amounts to shielding the criminal from the criminal process of law and would encourage them to commit the crime with impunity without any fear of law as they know that they can walk out freely, in view of bailable sections slapped on them by the police. If Any Query Send the mail in neeraj@hazenlegal.com.
Article Source: http://www.articlesbase.com/cyber-law-articles/ghaziabad-changing-room-incident-shines-spotlight-on-video-voyeurism-1297145.html
About the Author:
Neeraj Aarora, Advocate
AICWA, LLB, PGD(Cyber Law), CFE
Mb - +91-987143505. 011-27318700
Email – nirajdp@gmail.com , aarora
Professional Summary
I am a Law graduate, Cost Accountant & Certified Fraud Examiner, presently practicing as an advocate in Delhi Court,providing consultancy on the matter relating to the detection, prevention of cyber crime, collection of digital evidence remedial measures and filing & followup of cases in the court and other legal forum.
Empanelment/Consultant:-
Consultant to 1) World Bank 2) Indusind Bank, Delhi
Arbitrator to “Multi Commodity Exchange of India”, New Delhi
Enrolled as an Advocate with “Bar Council of Delhi” , “Delhi High Court Bar Association” & Supreme Court Bar Association
Qualifications –
AICWA, LLB, PGD(Cyber Law), CFE
Certificate course of “Cyber Crime Investigator
Certificate course of “Cyber Crime Investigation & Cyber Forensic
WORK EXPERIENCE :-
July, 2008 to till date :- Joined BAR COUNCIL OF INDIA as on 15/07/2008 and practicing as an Advocate in Delhi Courts.
May, 1995 to July 2008 :-
I served in the “Economic Offence Wing”, Crime Branch, Delhi Police as an Investigative Officer. I also worked as an Investigator on deputation with Central Beureu of India.
Academic Lectures & Paper Presentations :
Contributing articles on “Forensics & Cyber Fraud” in NIRC News “of ICWAI.
Contributing articles on “Cyber crime & Cyber Law” in “Cyber Times” newspaper.
Delivered lectures on “Fraud in Stock Markets & Corporate sector” at Police Training College, Jaroda kalan, New Delhi
Delivered lectures on “Establishing a chaing of evidence in Cyber Cases” to the officer of Indian Air Force
Delivered Lecture on “Cyber Law & Cyber Crime” in various Engg./Mgt Colleges.
Etykiety:
Ghaziabad Changing Room Incident
Sunday, October 4, 2009
Digital Footprint
There is lack of security culture amongst the user of computer, computer system, and computer networks. The same is evident from the recent report of Anoushka Shankar (daughter of the legendary music maestro Pandit Ravi Shankar) email hacked into by an offender who took control of some very private photographs stored in the inbox of the email.
Cyber Criminal Arrested Through Digital Footprint- An Excellent Job By Special Cell, Delhi Police
Author: Neeraj Aarora
Neeraj Aarora: AICWA, LLB, PGD (Cyber & DLTA), CFE (USA) There is lack of security culture amongst the user of computer, computer system, and computer networks. The same is evident from the recent report of Anoushka Shankar (daughter of the legendary music maestro Pandit Ravi Shankar) email hacked into by an offender who took control of some very private photographs stored in the inbox of the email. Pandit Ravi Shankar has made a complaint to Union Home Ministry that his daughter is blackmailed and threatened via email by some unknown person. Later the complaint was referred to the Delhi Police and the investigation of the case was taken up by Inspector Pawan Kumar under the supervision of ACP Sanjeev Yadav elite Special Cell of Delhi Police. The unknown accused person was allegedly blackmailed and threatened Anoushka via emails that he would make some of her photographs public found in her email inbox, if his demand of $ 100,000 is not paid by her. The unknown accused person apparently hacked the email account of Anoushka and took control of some of private photographs stored in the inbox. The aforesaid officers of Elite Wing of the Delhi Police, the Special Cell, did a commendable job. Apparently, the accused person took control of the password of the email account of Anoushka by hacked into it. He found some very private photographs of her and thought to make some easy bucks out of it, by blackmailing Anoushka as it would cause great embarrassments to the father daughter duo who are internationally recognized musicians. The special cell cops traced the internet protocol address (IP address) from which the Emails were sent. An IP address or "Internet Protocol" address is the unique number assigned to every device such as a computer on an internet network so that data can be routed to and from that device and no other. It is much similar to a postal mailing address that identifies the physical location of your post office and allows the mail carrier to know where to deliver the mail, a device's IP address is what allows the internet to know where to send the data destined for the particular computer. It’s not an easy task to trace the physical location of the computer to which an internet IP address has been assigned and thereby identify the computer's user as we are made to believe through some Hollywood movies. It’s not that just you located the IP address, you located a criminal. It’s nowhere that easy. The IP address are assigned to a netuser not based on his location but from the Internet service provider (ISP) from where he gets the net connectivity, which may be different from user to user, if they avail the services of different ISPs. Even, if the user avails the services of the same ISPs there are no hard & fast rules that the IP addresses necessarily appear "close" to one another in any sense, other than the convenience of the ISP. The IP address can be tracked from the header of the Email IDs. There are various IP address locator available like http://www.whois-search.com from where one can get information about the ISP address to which the particular IP address belongs. Some additional information may be available that indicates the general area that an IP address might reside, i.e. the location of the country or city, if ever, but nothing more specific than that. Here the help of the ISP is required to pinpoint the location and identity of the user. The ISP that allots the IP address to particular computer knows where the user lives. But the ISP’s would not provide the information to the general public due to the strict privacy policy which they adhere to. Here the role of law enforcement machinery comes into picture. The Police and the courts can, with appropriate cause, direct the ISP that the requisite information with respect to the IP addresses be provided. The Section 91 of Code of Criminal Procedure, 1973 and Section 69 of the Information Technology Act, 2000 makes provision to this effect. The extortive emails sent by the offender were found to be sent mostly from Gmail Account. However, the Gmail blocks the IP address of the sender and it is not visible to the recipient of the email. However, one email was found to be from other email service provider and it was found that it had been sent from India; rest of the emails were found to be from Dubai, elsewhere in the UAE, and the USA. The police tracked down one of the IP address to a residential address located at MUMBAI and nabbed the accused person, whose name came to be known as Junaid Jameel Ahmed Khan who confessed to his crime. The cops seized the hard disk of the computer from which the alleged emails were sent, prepared the mirror image of the same and the hard disk was sent to the Forensic Science Laboratory, Hyderabad for further analysis. The cops also seized the passport of the offender through which it was found that the offender was at Dubai on the same date when the extortive emails from Dubai were received by Anoushka, which clearly corroborates the offence committed by the offender. The Special Cops did a commendable job in nabbing the accused person who was blackmailing Anoushka and giving her sleepless nights. The police have seized and preserved the crucial digital evidences and other documentary evidences which would prove the guilt of the accused person. Cyber technology is an extremely complicated field and the internet is being increasingly used as a place to commit crimes using personal computers, as well as network-based computers. It clearly shows that the Special Cell Cops know their job; they not only understand the criminal mindset but also Computers and networks, how they work, and how to track down information on them and know the basics of gathering evidence and bringing offenders to justice. The Special Cell cops registered the case under Section 386 Indian Penal Code which deals with offence of extortion. The maximum punishment for such a crime, if proven guilty, is 10 years’ imprisonment. The offence is cognizable and non bailable. The accused hacked into the email of the Anoushka, however the police at the preliminary investigation stage did not invoked Section 66 IT Act, because the modus operandi of the offender was not known as how he took control of the private photographs of Anoushka, which during investigation and seizure of the computer become apparent that the same has been copied into his computer by hacking the email id of Anoushka. Now Section 66 IT Act has been added as the same is attracted to the offence. The material evidence seized by the cops proves the involvement of the offender as the IP address has been traced to his residence. Further, the examination and analysis of the seized hard disk of the computer of offender at the forensic laboratory would prove that the emails have been hacked into and photographed copied by the offender from the inbox of the email. If it is further revealed by the analysis of the hard disk that the photographs (read obscene or nude) found in the possession of the offender, have been transmitted by him electronically, say some of his friends, the same would amount to publication in electronic form which would be squarely covered and punishable under Section 67 of the IT Act, 2000 as well. Thus, the excellent investigation done by Inspector Pawan Kumar under the supervision of ACP Sanjeev Yadav of the Special Cell, Delhi Police should be applauded which gives a warning to the prospective criminals that they are not anonymous in the virtual world. Their activity on the internet leaves a footprint through which they can be traced and brought to justice. However, at the same time the netizens need to be educated about the best security practices they should adopt and keep in mind while they use computers, computer systems, computer networks and should not fell into the trap of cyber criminals, like Anoushka. After all, prevention is better than cure. Any Quarry Please Send the mail neeraj@hazenlegal.com
Article Source: http://www.articlesbase.com/cyber-law-articles/cyber-criminal-arrested-through-digital-footprint-an-excellent-job-by-special-cell-delhi-police-1297118.html
About the Author:
Neeraj Aarora, Advocate
AICWA, LLB, PGD(Cyber Law), CFE
Mb - +91-987143505. 011-27318700
Email – nirajdp@gmail.com , aarora
Professional Summary
I am a Law graduate, Cost Accountant & Certified Fraud Examiner, presently practicing as an advocate in Delhi Court,providing consultancy on the matter relating to the detection, prevention of cyber crime, collection of digital evidence remedial measures and filing & followup of cases in the court and other legal forum.
Empanelment/Consultant:-
Consultant to 1) World Bank 2) Indusind Bank, Delhi
Arbitrator to “Multi Commodity Exchange of India”, New Delhi
Enrolled as an Advocate with “Bar Council of Delhi” , “Delhi High Court Bar Association” & Supreme Court Bar Association
Qualifications –
AICWA, LLB, PGD(Cyber Law), CFE
Certificate course of “Cyber Crime Investigator
Certificate course of “Cyber Crime Investigation & Cyber Forensic
WORK EXPERIENCE :-
July, 2008 to till date :- Joined BAR COUNCIL OF INDIA as on 15/07/2008 and practicing as an Advocate in Delhi Courts.
May, 1995 to July 2008 :-
I served in the “Economic Offence Wing”, Crime Branch, Delhi Police as an Investigative Officer. I also worked as an Investigator on deputation with Central Beureu of India.
Academic Lectures & Paper Presentations :
Contributing articles on “Forensics & Cyber Fraud” in NIRC News “of ICWAI.
Contributing articles on “Cyber crime & Cyber Law” in “Cyber Times” newspaper.
Delivered lectures on “Fraud in Stock Markets & Corporate sector” at Police Training College, Jaroda kalan, New Delhi
Delivered lectures on “Establishing a chaing of evidence in Cyber Cases” to the officer of Indian Air Force
Delivered Lecture on “Cyber Law & Cyber Crime” in various Engg./Mgt Colleges.
Cyber Criminal Arrested Through Digital Footprint- An Excellent Job By Special Cell, Delhi Police
Author: Neeraj Aarora
Neeraj Aarora: AICWA, LLB, PGD (Cyber & DLTA), CFE (USA) There is lack of security culture amongst the user of computer, computer system, and computer networks. The same is evident from the recent report of Anoushka Shankar (daughter of the legendary music maestro Pandit Ravi Shankar) email hacked into by an offender who took control of some very private photographs stored in the inbox of the email. Pandit Ravi Shankar has made a complaint to Union Home Ministry that his daughter is blackmailed and threatened via email by some unknown person. Later the complaint was referred to the Delhi Police and the investigation of the case was taken up by Inspector Pawan Kumar under the supervision of ACP Sanjeev Yadav elite Special Cell of Delhi Police. The unknown accused person was allegedly blackmailed and threatened Anoushka via emails that he would make some of her photographs public found in her email inbox, if his demand of $ 100,000 is not paid by her. The unknown accused person apparently hacked the email account of Anoushka and took control of some of private photographs stored in the inbox. The aforesaid officers of Elite Wing of the Delhi Police, the Special Cell, did a commendable job. Apparently, the accused person took control of the password of the email account of Anoushka by hacked into it. He found some very private photographs of her and thought to make some easy bucks out of it, by blackmailing Anoushka as it would cause great embarrassments to the father daughter duo who are internationally recognized musicians. The special cell cops traced the internet protocol address (IP address) from which the Emails were sent. An IP address or "Internet Protocol" address is the unique number assigned to every device such as a computer on an internet network so that data can be routed to and from that device and no other. It is much similar to a postal mailing address that identifies the physical location of your post office and allows the mail carrier to know where to deliver the mail, a device's IP address is what allows the internet to know where to send the data destined for the particular computer. It’s not an easy task to trace the physical location of the computer to which an internet IP address has been assigned and thereby identify the computer's user as we are made to believe through some Hollywood movies. It’s not that just you located the IP address, you located a criminal. It’s nowhere that easy. The IP address are assigned to a netuser not based on his location but from the Internet service provider (ISP) from where he gets the net connectivity, which may be different from user to user, if they avail the services of different ISPs. Even, if the user avails the services of the same ISPs there are no hard & fast rules that the IP addresses necessarily appear "close" to one another in any sense, other than the convenience of the ISP. The IP address can be tracked from the header of the Email IDs. There are various IP address locator available like http://www.whois-search.com from where one can get information about the ISP address to which the particular IP address belongs. Some additional information may be available that indicates the general area that an IP address might reside, i.e. the location of the country or city, if ever, but nothing more specific than that. Here the help of the ISP is required to pinpoint the location and identity of the user. The ISP that allots the IP address to particular computer knows where the user lives. But the ISP’s would not provide the information to the general public due to the strict privacy policy which they adhere to. Here the role of law enforcement machinery comes into picture. The Police and the courts can, with appropriate cause, direct the ISP that the requisite information with respect to the IP addresses be provided. The Section 91 of Code of Criminal Procedure, 1973 and Section 69 of the Information Technology Act, 2000 makes provision to this effect. The extortive emails sent by the offender were found to be sent mostly from Gmail Account. However, the Gmail blocks the IP address of the sender and it is not visible to the recipient of the email. However, one email was found to be from other email service provider and it was found that it had been sent from India; rest of the emails were found to be from Dubai, elsewhere in the UAE, and the USA. The police tracked down one of the IP address to a residential address located at MUMBAI and nabbed the accused person, whose name came to be known as Junaid Jameel Ahmed Khan who confessed to his crime. The cops seized the hard disk of the computer from which the alleged emails were sent, prepared the mirror image of the same and the hard disk was sent to the Forensic Science Laboratory, Hyderabad for further analysis. The cops also seized the passport of the offender through which it was found that the offender was at Dubai on the same date when the extortive emails from Dubai were received by Anoushka, which clearly corroborates the offence committed by the offender. The Special Cops did a commendable job in nabbing the accused person who was blackmailing Anoushka and giving her sleepless nights. The police have seized and preserved the crucial digital evidences and other documentary evidences which would prove the guilt of the accused person. Cyber technology is an extremely complicated field and the internet is being increasingly used as a place to commit crimes using personal computers, as well as network-based computers. It clearly shows that the Special Cell Cops know their job; they not only understand the criminal mindset but also Computers and networks, how they work, and how to track down information on them and know the basics of gathering evidence and bringing offenders to justice. The Special Cell cops registered the case under Section 386 Indian Penal Code which deals with offence of extortion. The maximum punishment for such a crime, if proven guilty, is 10 years’ imprisonment. The offence is cognizable and non bailable. The accused hacked into the email of the Anoushka, however the police at the preliminary investigation stage did not invoked Section 66 IT Act, because the modus operandi of the offender was not known as how he took control of the private photographs of Anoushka, which during investigation and seizure of the computer become apparent that the same has been copied into his computer by hacking the email id of Anoushka. Now Section 66 IT Act has been added as the same is attracted to the offence. The material evidence seized by the cops proves the involvement of the offender as the IP address has been traced to his residence. Further, the examination and analysis of the seized hard disk of the computer of offender at the forensic laboratory would prove that the emails have been hacked into and photographed copied by the offender from the inbox of the email. If it is further revealed by the analysis of the hard disk that the photographs (read obscene or nude) found in the possession of the offender, have been transmitted by him electronically, say some of his friends, the same would amount to publication in electronic form which would be squarely covered and punishable under Section 67 of the IT Act, 2000 as well. Thus, the excellent investigation done by Inspector Pawan Kumar under the supervision of ACP Sanjeev Yadav of the Special Cell, Delhi Police should be applauded which gives a warning to the prospective criminals that they are not anonymous in the virtual world. Their activity on the internet leaves a footprint through which they can be traced and brought to justice. However, at the same time the netizens need to be educated about the best security practices they should adopt and keep in mind while they use computers, computer systems, computer networks and should not fell into the trap of cyber criminals, like Anoushka. After all, prevention is better than cure. Any Quarry Please Send the mail neeraj@hazenlegal.com
Article Source: http://www.articlesbase.com/cyber-law-articles/cyber-criminal-arrested-through-digital-footprint-an-excellent-job-by-special-cell-delhi-police-1297118.html
About the Author:
Neeraj Aarora, Advocate
AICWA, LLB, PGD(Cyber Law), CFE
Mb - +91-987143505. 011-27318700
Email – nirajdp@gmail.com , aarora
Professional Summary
I am a Law graduate, Cost Accountant & Certified Fraud Examiner, presently practicing as an advocate in Delhi Court,providing consultancy on the matter relating to the detection, prevention of cyber crime, collection of digital evidence remedial measures and filing & followup of cases in the court and other legal forum.
Empanelment/Consultant:-
Consultant to 1) World Bank 2) Indusind Bank, Delhi
Arbitrator to “Multi Commodity Exchange of India”, New Delhi
Enrolled as an Advocate with “Bar Council of Delhi” , “Delhi High Court Bar Association” & Supreme Court Bar Association
Qualifications –
AICWA, LLB, PGD(Cyber Law), CFE
Certificate course of “Cyber Crime Investigator
Certificate course of “Cyber Crime Investigation & Cyber Forensic
WORK EXPERIENCE :-
July, 2008 to till date :- Joined BAR COUNCIL OF INDIA as on 15/07/2008 and practicing as an Advocate in Delhi Courts.
May, 1995 to July 2008 :-
I served in the “Economic Offence Wing”, Crime Branch, Delhi Police as an Investigative Officer. I also worked as an Investigator on deputation with Central Beureu of India.
Academic Lectures & Paper Presentations :
Contributing articles on “Forensics & Cyber Fraud” in NIRC News “of ICWAI.
Contributing articles on “Cyber crime & Cyber Law” in “Cyber Times” newspaper.
Delivered lectures on “Fraud in Stock Markets & Corporate sector” at Police Training College, Jaroda kalan, New Delhi
Delivered lectures on “Establishing a chaing of evidence in Cyber Cases” to the officer of Indian Air Force
Delivered Lecture on “Cyber Law & Cyber Crime” in various Engg./Mgt Colleges.
Etykiety:
Digital Footprint
Friday, October 2, 2009
los angeles bankruptcy lawyer
According to Los Angeles Bankruptcy Lawyer Michael H. Raichelson, even if you think you earn too much to file a Chapter 7 bankruptcy, you may be mistaken. Just because you earn above your state’s median income does not mean that you cannot qualify for a Chapter 7 bankruptcy. All that is typically required is a bankruptcy attorney who has mastered the new bankruptcy laws (and the means test) that went into effect on October 17, 2005
Do not be mislead - Bankruptcy is still an option even if you earn above your state's median income
Author: Michael H. Raichelson
According to Los Angeles Bankruptcy Lawyer Michael H. Raichelson, even if you think you earn too much to file a Chapter 7 bankruptcy, you may be mistaken. Just because you earn above your state’s median income does not mean that you cannot qualify for a Chapter 7 bankruptcy . All that is typically required is a bankruptcy attorney who has mastered the new bankruptcy laws (and the means test) that went into effect on October 17, 2005 -- these laws do not prevent a debtor from filing bankruptcy, they just change the rules. The means test compares your average income over the last six months to the median income for a similar household in your state. It is a two part test. That is the key. First, if your average income over the last six months is no higher than the median income, you pass the means test and you do not need to continue to the second part of the test. Do not be discouraged – even if your income is above the median income, you will still likely pass under part two of the test if you hire a knowledgeable Chapter 7 bankruptcy attorney . Part two of the test analyzes your “disposable income” by applying a mix of real and uniform expenses to your average income over the last six months. An example of real expenses is the actual taxes taken out of your paycheck every pay period. An example of uniform expenses is the IRS standardized allowance for transportation depending on the number of cars you own. If your remaining “disposable income” -- after deducting these expenses -- averages less than $182.50 per month over a five year period, part two of the test is satisfied and you can file a Chapter 7 bankruptcy . The key is hiring a bankruptcy attorney who is an expert regarding the mix of real and uniform expenses that can be deducted in order to get your “disposable income” below the mandated amount.
Article Source: http://www.articlesbase.com/bankruptcy-articles/do-not-be-mislead-bankruptcy-is-still-an-option-even-if-you-earn-above-your-states-median-income-1287565.html
About the Author:
Michael H. Raichelson practices in the following areas of law: Bankruptcy; Bankruptcy Chapter 7; Bankruptcy Chapter 11; Bankruptcy Chapter 13; Bankruptcy Litigation; Bankruptcy Reorganization; Commercial Bankruptcy; Bankruptcy Trustees Rights; Commercial Insolvency; Creditor Bankruptcy; Debtor Bankruptcy; Debt Relief; Foreclosures; Insolvency; Personal Bankruptcy
Do not be mislead - Bankruptcy is still an option even if you earn above your state's median income
Author: Michael H. Raichelson
According to Los Angeles Bankruptcy Lawyer Michael H. Raichelson, even if you think you earn too much to file a Chapter 7 bankruptcy, you may be mistaken. Just because you earn above your state’s median income does not mean that you cannot qualify for a Chapter 7 bankruptcy . All that is typically required is a bankruptcy attorney who has mastered the new bankruptcy laws (and the means test) that went into effect on October 17, 2005 -- these laws do not prevent a debtor from filing bankruptcy, they just change the rules. The means test compares your average income over the last six months to the median income for a similar household in your state. It is a two part test. That is the key. First, if your average income over the last six months is no higher than the median income, you pass the means test and you do not need to continue to the second part of the test. Do not be discouraged – even if your income is above the median income, you will still likely pass under part two of the test if you hire a knowledgeable Chapter 7 bankruptcy attorney . Part two of the test analyzes your “disposable income” by applying a mix of real and uniform expenses to your average income over the last six months. An example of real expenses is the actual taxes taken out of your paycheck every pay period. An example of uniform expenses is the IRS standardized allowance for transportation depending on the number of cars you own. If your remaining “disposable income” -- after deducting these expenses -- averages less than $182.50 per month over a five year period, part two of the test is satisfied and you can file a Chapter 7 bankruptcy . The key is hiring a bankruptcy attorney who is an expert regarding the mix of real and uniform expenses that can be deducted in order to get your “disposable income” below the mandated amount.
Article Source: http://www.articlesbase.com/bankruptcy-articles/do-not-be-mislead-bankruptcy-is-still-an-option-even-if-you-earn-above-your-states-median-income-1287565.html
About the Author:
Michael H. Raichelson practices in the following areas of law: Bankruptcy; Bankruptcy Chapter 7; Bankruptcy Chapter 11; Bankruptcy Chapter 13; Bankruptcy Litigation; Bankruptcy Reorganization; Commercial Bankruptcy; Bankruptcy Trustees Rights; Commercial Insolvency; Creditor Bankruptcy; Debtor Bankruptcy; Debt Relief; Foreclosures; Insolvency; Personal Bankruptcy
Etykiety:
los angeles bankruptcy lawyer
