The Department of Homeland Security will defer action for two years againstwidows and widowers of U.S. citizens (and their unmarried children under 18 years old) who reside in the United States, and who were married for less than two years before their spouse’s death. Generally, such widows and widowers would not be allowed to lift the two-year conditionality of their green cards because of the death of their spouse and would be required to leave the country if they have no other means of residing legally in the U.S.

In addition to the deferred action, U.S. Citizenship and Immigration Services (USCIS) will suspend all adjudications of visa petitions and adjustment applications filed by widow(er)s where the only reason for reassessment of immigration status was the death of a U.S. citizen spouse before the second anniversary of the marriage.

However, this deferred action does not resolve the widow or widower’s underlying immigration issues.  If you are a widow or widower in this situation, you should contact DHS or a licensed attorney to help you with your issues.

See the DHS website, here, for more information.

USCIS, the federal agency that handles immigration, has recently issued guidance on the Child Status Protection Act (CSPA), here.

Basically, the CSPA helps immigrant families remain together during the immigrant petition process.  If your family is immigrating and your child is about to turn 21, read the USCIS fact sheet to get a better understanding of how CSPA can help you.

The NYT writes that small business owners should get in touch with their clients and find out what their needs really are, article here.  Market research on your core clients should help you to understand how you can better align your services and products (supply) with the needs of your client (demand).  ‘Ole Adam Smith would concur.

U.S. Citizens can apply for a passport card that allows re-entry into the U.S. at border crossings or sea ports  from Canada, Mexico, countries in the the Caribbean region (which includes 17 nations), and Bermuda.

The 17 Caribbean nations are: Anguilla, Antigua and Barbuda, Aruba, Bahamas, Bermuda, British Virgin Islands, Cayman Islands, Dominica, Dominican Republic, Grenada, Jamaica (except for business travel), Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Turks and Caicos.

If you travel frequently to these countries, you may wish to utilize the US Passport Card so that you don’t have to take your U.S. passport book every time you seek to re-enter the U.S.

More information, here, at the U.S. Department of State website.

I wanted to pass on some information provided by my colleague and friend, Mike Hoffman, his bio here, regarding product disparagement through false advertising. 

Generally, product disparagement involves discrediting a competitor’s product.  Sometimes, your competitor crosses the line into false advertising.  Below, Mike describes what you need to prove to show that your competitor has disparaged your products through false advertising.

Whether times are bad or good, competitors are competitors.  Oft times, a competitor will go beyond what is generally accepted as “fair game” when comparing its products to your competitive products.

Federal law protects against “product disparagement” through “false advertising.”  To prove false advertising under federal law, a plaintiff-business must first demonstrate that the defendant-competitor made a false statement of fact about its product, and that these advertisements actually deceive or have the tendency to deceive a substantial segment of its audience.  A plaintiff-business must then prove that the deception is material in that it is likely to influence the purchasing decision and that the defendant-competitor caused it’s falsely advertised goods to enter interstate commerce.  Finally, the plaintiff-business must prove that it has been or is likely to be injured as a result, either by direct diversion of sales or by a lessening of its good will.  The common law of the State of New Jersey similarly protects against such product disparagement as well.

 

When your business is the victim of product disparagement by an unscrupulous competitor, the judicial process can serve as a “business tool” to at least halt such unfair competition as well as potentially recover the monetary damage suffered.

Mike has written on other topics he’s encountered in the course of his career in civil litigation and you can find an article that he wrote for the New Jersey Law Journal regarding restrictive employment covenants, here.

An interesting article, here, regarding the Federal Tort Claims Act (FTCA).  Sovereign immunity is a legal doctrine that makes a government, like the U.S. government, “immune” from prosecution from the likes of you and me.  However, the Federal Tort Claims Act allows for certain suits to be made.  The FTCA

With exceptions,makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred.

Some interesting trivia for your Wednesday afternoon!

The Governor’s office released information regarding Justice Assistance Grant funding, which will be used to promote safe streets and communities.  The press release, here.

The NYT offers another nice article regarding insuring yourself and your business, here.  Note the Madoff exclusion for traders though!