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By Atlanta Family & Immigration Law 14 Nov, 2023
The COVID-19 pandemic has had a profound impact on various aspects of our lives, including the field of employment immigration law . As countries worldwide implemented travel restrictions and lockdown measures to contain the spread of the virus, navigating the complexities of employment-based immigration became even more challenging. In this article, we will explore the lessons learned and best practices that have emerged in the wake of the pandemic. Lesson 1: Adaptation to Changing Policies and Procedures The pandemic has highlighted the importance of remaining up-to-date with rapidly evolving immigration policies and procedures. Governments worldwide have implemented various measures, such as travel bans, visa suspensions, and changing entry requirements, which have directly affected employment immigration. It is crucial for employers, employees, and immigration attorneys to stay informed about these changes and adapt their strategies accordingly. Best Practice: Establishing a close relationship with an experienced immigration attorney who keeps track of policy updates and can provide timely guidance is vital. Employers should regularly communicate with their immigration attorney to ensure compliance with the latest regulations and to develop contingency plans. Lesson 2: Remote Work and Virtual Solutions The pandemic has necessitated a shift towards remote work and virtual solutions in many industries. This shift has also influenced employment immigration processes, with many countries implementing remote filing, online interviews, and digital document submission. This virtual transformation has opened up opportunities for more flexible and efficient immigration procedures. Best Practice: Employers and immigration attorneys should familiarize themselves with the virtual options available in the immigration process. Utilizing secure digital platforms for document exchange and exploring virtual interview options can streamline the immigration process and reduce delays. Lesson 3: Delays and Backlogs As immigration offices and consulates faced closures, reduced staffing, and operational challenges, significant delays and backlogs became inevitable. This has resulted in extended processing times for visa applications, work permits, and other immigration-related requests. The pandemic has highlighted the importance of proactive planning and the need to account for potential delays in employment immigration processes. Best Practice: Employers and employees should start the immigration process well in advance to allow for potential delays. Engaging an immigration attorney who can navigate the system efficiently and keep track of application statuses can help minimize disruptions and mitigate the impact of delays. Lesson 4: Flexibility and Adaptability COVID-19 has underscored the need for flexibility and adaptability in employment immigration. The pandemic has forced companies to adjust their business models, including their workforce structure and the ability to relocate employees across borders. Employers and immigration practitioners must remain agile and ready to adapt to changing circumstances. Best Practice: Employers should proactively evaluate their immigration strategies and explore alternative immigration options, such as intra-company transfers or remote work arrangements. Developing contingency plans and considering the impact of changing immigration policies on workforce mobility can help mitigate potential disruptions. Lesson 5: Communication and Support Effective communication and support have proven to be invaluable during times of crisis. The pandemic has brought to light the importance of maintaining open lines of communication between employers, employees, and immigration attorneys. Clear and timely communication can help address concerns, manage expectations, and ensure all parties are working towards a common goal. Best Practice: Employers should maintain regular communication channels with their employees and immigration attorneys, providing updates on the status of immigration processes, policy changes, and any potential impact on employment. Similarly, employees should communicate any changes in their circumstances that may affect their immigration status promptly. Conclusion The COVID-19 pandemic has presented numerous challenges for employment immigration law. However, it has also highlighted important lessons and best practices for navigating this complex landscape. Adapting to changing policies, leveraging remote work and virtual solutions, accounting for delays and backlogs, remaining flexible and adaptable, and prioritizing effective communication and support are key to successfully managing employment immigration during times of crisis. By implementing these lessons learned and best practices, employers and immigration practitioners can navigate the challenges posed by the pandemic while ensuring compliance with immigration regulations and maintaining the mobility of their workforce. As the world continues to recover and adapt to the post-pandemic era, it is crucial to remain vigilant and proactive in addressing the evolving landscape of employment immigration law. By staying informed, embracing digital solutions, anticipating delays, remaining flexible, and fostering open communication, employers and employees can navigate the complexities of immigration processes with greater ease and efficiency. At Atlanta Family & Immigration Law , we understand the unique challenges faced by businesses and individuals in the realm of employment immigration. Our team of experienced immigration attorneys stays up-to-date with the latest policies and procedures to provide comprehensive and tailored guidance to our clients. Contact us today to ensure a smooth and successful employment immigration experience in these unprecedented times. Together, we can overcome the obstacles and build a stronger future.
By Atlanta Family & Immigration Law 14 Nov, 2023
Divorce is a life-altering event that affects not only the emotional well-being of individuals but also their financial stability. In the state of Georgia, divorce can have significant financial implications, and it is crucial for individuals considering or going through a divorce to understand the potential impact on their finances. In this article, we will explore the financial aspects of divorce in Georgia and discuss key factors that individuals need to know. Atlanta Family & Immigration Law is here to help.
By Atlanta Family & Immigration Law 14 Dec, 2021
Going through a divorce is an overwhelming and stressful time in a person’s life. That is why most couples going through this separation hope to get through the ordeal as quickly as they can. However, this is not always possible, especially in Georgia, where there is a mandatory divorce waiting period. To help you understand what this waiting period is and how it may affect how long your divorce may take, we have prepared the following blog post. In it, we will go over everything you need to know about Georgia’s laws regarding divorce and how a skilled and knowledgeable family law attorney can ensure your interests are protected when going through this challenging experience. Georgia’s Divorce Laws—Everything You Need to Know Georgia’s divorce laws indicate that to file for a divorce in the state, at least one spouse needs to be a resident of Georgia for at least six months. In addition, divorce in the state is mainly no-fault-based, with the most common grounds of divorce being irreconcilable differences. These specific grounds mean that the spouses cannot get along, and their marriage is at an end. However, other grounds for divorce can include habitual intoxication, forcible or fraudulent marriage, imprisonment, abandonment, incurable mental illness, and adultery. The Divorce Waiting Period in Georgia According to Georgia courts, the waiting period to get a divorce in the state is 30 days after serving the spouse with divorce papers. This means that even if the other party responds to the documents earlier than 30 days, the parties still need to wait the mandatory 30 days before they can schedule a hearing date. This time limit was created to allow couples to have time to possibly reconcile. Asset Division Typically, each spouse is entitled to an equitable share of the marital property according to Georgia law. This does not mean an equal division of the property but instead a fair split between the spouses. As a result, any property acquired by the couple during their marriage, including bank accounts and retirement, will be divided in a way the court believes is just and fair. That is why most parties will retain their own separate property. Visitation and Child Custody The spouses will need to try to resolve their child custody and visitation issues by themselves. If they cannot resolve them on their own and are unable to come to an agreement, the court will often make a decision based on what is in the best interest of the children. Support In addition, a couple will also need to determine child support and spousal support . If they cannot agree to these issues, the court will need to resolve these issues for them. Why Does It Take so Long to Finalize a Divorce in Georgia? Not only is there a divorce waiting period in Georgia that couples have to abide by, but if the divorce is contested, it often implies the couple is having serious disagreements that they cannot settle by themselves, and they will often require legal assistance . As a result, these legal matters will take time, especially since the couple will have to: Discuss the situation with their own lawyers Come up with outcomes that are realistic and sensible Gather evidence that can help prove their case Determine asset evaluations Try to communicate with the other spouse and see if they can settle Finish paperwork required for a divorce and prepare for trial Additionally, if the divorce case goes to trial, this process alone can last for months. Depending on the seriousness and gravity of the issues presented and the willingness of the parties to cooperate with the process, the whole divorce can become an extremely long and costly endeavor. Thinking about a Divorce? Get the Legal Help You Need— Work with an Experienced Family Law Attorney Today With so much at stake when it comes to a divorce, especially when children are involved, do not try to take on this challenge alone. Rather, reach out to an experienced family law attorney to get the legal help you need. These lawyers can: Go over all the questions you have about your case, including property distribution, child support, and asset division Explain the state’s laws and how they apply to your situation Help you start the divorce process and ensure everything is prepared according to state regulations Make sure the divorce agreement fits your specific needs and that everything is completed correctly so you do not have to worry about anything being left undone or forgotten If you are thinking about filing for divorce in Georgia, do not wait any longer to get the legal help you need. Instead, contact a skilled Atlanta divorce lawyer today for a case consultation , and let these attorneys show you how they can fight for your rights.
By Atlanta Family & Immigration Law 16 Sep, 2021
Temporary Protected Status (TPS) is an immigration status granted by the Secretary of the U.S. Department of Homeland Security to individuals of certain countries who are in the United States because they are unable to return to their home country, or conditions in the home country make it unable to handle the return of nationals. Generally, TPS is granted to citizens of countries involved in an ongoing conflict, or who have experienced a significant environmental or natural disaster. There are nearly 12,000 TPS holders in Georgia , with more than half of our local TPS designees coming from El Salvador. While TPS holders reside all over the U.S., the largest populations live in the following states: California, with around 18 percent of all TPS designees. Florida, with nearly 14 percent. Texas, with nearly 13 percent. New York, with more than 12 percent. 1. THE ELIGIBILITY REQUIREMENTS FOR TEMPORARY PROTECTED STATUS In order to obtain TPS, you must: Be a citizen from a country that the Secretary of the U.S. Department of Homeland Security has designated for Temporary Protected Status. Currently, the countries that have received TPS designation include Burma (Myanmar), El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen. Be continuously physically present in the U.S. since the effective date of the designation. Have continuously resided in the U.S. since a date specified by the Secretary for the country’s TPS designation. Not be barred from asylum or deemed inadmissible due to criminal or national security-related matters. A criminal history that prevents the TPS from being granted includes any felony convictions or two or more misdemeanors committed in the United States. 2. HOW TO FILE FOR TEMPORARY PROTECTED STATUS In order to file for TPS, you must submit to the United States Citizenship and Immigration Services (USCIS) a completed copy of Form I-821 : Application for Temporary Protected Status online, along with associated application fees and the required evidentiary documentation. This documentation includes: Identity and nationality evidence, such as copies of your passport, birth certificate, and photo identification Date of entry evidence to show when you arrived in the U.S., such as your passport, I-94 Arrival/Departure Record, or the continuous residence evidence listed below. Continuous residence evidence, such as employment records, school or medical records, rent receipts, or utility bills. It should be noted that any documents that are not in English must be translated into English and be accompanied by a sworn statement from the translator that they are proficient in English and understand the documents that were presented to them. Once the USCIS has received your application, fee, and required documentation, you will be notified of the receipt of your application. At that point, a representative from the agency will contact you to arrange to collect your signature, photograph, and fingerprints. This will generally be done by scheduled appointment at the nearest Application Support Center. When you arrive for this appointment, you will need to bring: Evidence of identity and nationality, such as a passport. Your receipt notice. Your appointment notice. Your current work authorization, if you have already obtained one. 3. THE BENEFITS TPS PROVIDES Obtaining TPS conveys several important benefits for the designee, such as: A temporary stay on any deportation proceedings or detainment related to immigration status. Temporary authorization to work in the United States. Permission to travel abroad and re-enter the U.S. through a separate application. 4. A PATH TO CITIZENSHIP AND OTHER THINGS TPS DOES NOT PROVIDE TPS is not a path to permanent residence or citizenship. Generally, individuals who have entered the U.S. without inspection are not eligible for permanent residence, though — in some cases — they are able to leave the country and have a visa interview at a consular post before returning and seeking permanent residence. However, for TPS designees, leaving the country for this purpose could trigger a 10-year bar on re-entry unless the designee has obtained authorization to travel abroad. TPS also does not provide public assistance benefits. 5. HOW AN ATTORNEY CAN HELP An experienced immigration attorney can assist you with all TPS matters, including: Helping you to file your application, ensuring that your information is complete and you have included all required documentation. Assisting you with appealing an unfavorable decision on your TPS designation. Assistance with seeking a work authorization or permission to travel abroad. You were late filing your re-registration application after your country’s TPS designation was extended. You were late filing an initial TPS application. You wish to change your immigration status in order to remain in the country after your TPS designation ends. For more information about applying for TPS, to explore your options for remaining in the U.S. after your temporary protected status ends, or to learn more about TPS or other immigration services we can provide for you, contact us today to schedule a consultation.
By Atlanta Family & Immigration Law 13 Aug, 2021
There is no denying that it can be very beneficial to a child to have a positive relationship with their parents. And just because both parents don’t live in the same home, doesn’t mean that children should have to miss out on quality time with one parent. However, in order for both parents to see the child regularly, they both have to work together to come up with a reasonable schedule and stick to it. But, if the custodial parent has suddenly decided that they are going to deny visitation to the other parent, that can hurt both the child and the parent. If your child’s other parent is making it difficult or impossible for you to see your kid, here is some advice to help you enforce visitation. ALWAYS HAVE A LEGALLY-BINDING CUSTODY ARRANGEMENTS According to Counseling.org , every year, around 1.2 million couples go through a divorce. And around 10% of those divorces involve disagreements over custody. Sometimes, when couples split up, they may try to come up with an informal custody plan that is handled outside of court and without any proper documentation. If you and your ex still have a relatively amicable relationship, this may seem like the quickest and easiest way to reach a custody agreement. However, it is important to note that any agreement that is made outside of court will not have a legal document that binds either parent to stick to the agreement. This means that at any time, the custodial parent can change the visitation agreement without consequences and without notice. So, while reaching an agreement can be made between two parents in a private setting, it is highly recommended that your custody agreement is approved by a court. In many states, you can have a legally binding custody agreement without going to court. For example, many courts offer custody mediation services that allow you and the other parent to sit with a neutral third party to come up with a custody agreement. The agreement is still legally binding and does not require long, drawn-out court cases. HOW CAN I ENFORCE VISITATION? If you have a legally binding document that describes when you get to see your child, then their other parent must adhere to the schedule. They are not allowed to change the schedule whenever they see fit. The only way that the schedule can change is if one parent has the custody agreement revised and approved by the court. Without a new agreement, it is considered “visitation interference” when the custodial parent does not comply with the visitation schedule. If your child’s other parent causes you to miss a few scheduled visitations, you should try and reschedule the visitation. If they refuse to schedule make-up dates, or they continue to deny your court-ordered visitation, then there are a few steps that you can take. Here is a list of things that you should and should not do in order to enforce visitation: DO TALK ABOUT THE PROBLEM. Before you get too upset, you need to talk to the other parent and ask them why they are skipping scheduled visitation times. Sometimes, it is a misunderstanding or something else that can be easily fixed. It is a good idea to schedule a time to talk to them without your kids around. For example, if they are at daycare or school. This will prevent your child from overhearing the conversation. And will also allow you to talk with the other parent without interruption. DO KEEP A JOURNAL. You should document all of your concerns and everything that impacts your ability to enforce visitation. Keep a journal and write down each time your ex has refused to let you see your child. Be sure to write down the date that the denial occurred. DO TRY TO COME TO AN AGREEMENT. After you and your child’s other parent have both voiced your concerns, see what you can do to fix the issue. For example, if they feel that the child is unsafe at your house, find out why and then see if there is a way to fix it immediately. It may be something as simple as adding child-proof locks to the doors. DO TALK TO YOUR ATTORNEY. If you are having a difficult time trying to enforce visitation on your own, then you may need to talk to a family law attorney . Describe the situation to your lawyer. Your lawyer can write a letter to your ex explaining that they are interfering with a visitation order and the matter needs to be resolved soon. This will let your ex know that you are serious about wanting to enforce visitation. Your lawyer can also advise you if you should file a motion with the court to ask the court to issue a sanction against your ex, modify the visitation order, or enforce the current order. DON’T LOSE YOUR TEMPER. Having your ex violate the visitation agreement can be very frustrating. But it is important to stay calm when talking to your ex. Try not to raise your voice or use vulgar language. This will only make the situation worse. DON’T RESORT TO EXTREME MEASURES. When you finally do get to see your kid, you may feel like you have the right to keep your child for a longer period of time to make up for the time that you are “owed.” However, this should never be done without the approval of the courts as this could be viewed as kidnapping. WHEN TO GET LEGAL HELP IN ORDER TO ENFORCE VISITATION Child custody laws can be extremely complicated. If you have tried to resolve a custody dispute with your ex and are having a hard time coming to a resolution, your best choice would be to consult an attorney. An experienced family law attorney can help you navigate through this difficult time and give you advice on how to find a solution that is best for both you and your child. Contact us today to schedule a call.
By Atlanta Family & Immigration Law 16 Jul, 2021
Georgia is not a no-fault state when it comes to divorce . What this means is that, in order to be granted a divorce in Georgia, at least one of the spouses must be able to show the court that there is an acceptable reason. Before 1973, there were 12 circumstances that constituted grounds for divorce in Georgia. In 1973, the state — in response to a growing trend in other states of allowing no-fault divorces — added a 13th circumstance to the list of qualifying reasons. Here are the 13 reasons you can divorce your spouse. GROUNDS FOR DIVORCE IN GEORGIA 1. THE MARRIAGE IS IRRETRIEVABLY BROKEN. This was the final reason added to the state’s list of qualifying reasons for divorce. Unlike the other reasons, which require one spouse to prove fault on the part of the other, using this reason as grounds for divorce in Georgia only requires one spouse to show that he or she no longer wishes to be married to the other and that reconciliation is not possible. 2. ADULTERY BY EITHER PARTY AFTER THE MARRIAGE. Technically, cheating on one’s spouse is a criminal offense in Georgia, though no one has been convicted of this offense in many years. However, not only is committing adultery considered qualified grounds for divorce in Georgia, but it also can have impacts on the division of marital property as well as the ability for the offending spouse to obtain alimony. 3. DESERTION THAT IS WILLFUL AND HAS LASTED FOR AT LEAST ONE YEAR. The following scenarios constitute desertion: The spouse leaves the marital home, stops providing support, and stops communicating with his or her partner One spouse forces the other to leave the marital home The spouse refuses to engage in marital relations or perform marital duties 4. INTERMARRIAGE WITH A CLOSE RELATIVE. In Georgia, marriage is prohibited between the following related individuals: Parent and child/stepchild Siblings, either whole or half Grandparent and grandchild Aunt or uncle and niece or nephew If a marriage is found to be between related individuals, that would be a qualified reason for divorce. 5. MENTAL INCAPACITY AT THE TIME WHEN THE MARRIAGE OCCURRED. If one spouse can prove that they did not have the mental capacity to enter into the marriage, this can be used as grounds for divorce. 6. IMPOTENCE THAT EXISTED AT THE TIME OF THE MARRIAGE. The law specifically states that a woman is permitted to divorce her husband if she discovers (after they are wed) that he was impotent at the time of the marriage. The impotence must have existed when the marriage occurred in order to be used as a ground for divorce. 7. THE MARRIAGE WAS ENTERED INTO VIA FORCE, MENACE, DURESS, OR FRAUD. In order for a divorce to be permitted on this ground, a spouse must not only prove that he or she was forced or tricked into the marriage but that he or she would not have entered the marriage if it was not for being forced or tricked. 8. PREGNANCY OF THE WIFE BY ANOTHER MAN AT THE TIME OF MARRIAGE. In order to be granted a divorce on this grounds, the husband must be able to show that he was unaware at the time of the marriage either of the pregnancy entirely or that he was not the biological father of the child. 9. THE COMMISSION OF A CRIME OF MORAL TURPITUDE. Examples of a crime of moral turpitude include murder or manslaughter. In order to be considered grounds for divorce in Georgia, the crime must result in prison time for the offending spouse of at least two years in prison. 10. INCURABLE MENTAL ILLNESS. In order for one spouse to prove this ground in accordance with Georgia’s statutes, he or she must be able to show That the other spouse was adjudged mentally ill by the court or two qualified physicians who personally examined them. The mentally ill spouse was in a mental institution or under treatment for mental illness for at least two years. A chief executive officer of the institution and one physician appointed by the court must make a complete examination of the party and certify under oath that, in their opinion, “the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship and that, in the light of present-day medical knowledge, recovery of the party’s mental health cannot be expected at any time during his life.” 11. CRUEL TREATMENT, EITHER PHYSICAL OR MENTAL. Generally, if a party is seeking a divorce on this ground, it cannot be based on a single act of cruelty, but rather a pattern of repetitively cruel behavior must be established. 12. HABITUAL INTOXICATION. In order to use this reason as grounds for divorce in Georgia, it cannot be based on an occasional drink or even occasional drunkenness. Instead, it must be shown that the other spouse had an ongoing pattern of being drunk during the course of the marriage. 13. HABITUAL DRUG ADDICTION. In order to use drug addiction as a reason to divorce, one spouse must be able to prove that the other had a pattern of drug use resulting from an addiction to a controlled substance, such as narcotics, marijuana, stimulants, depressants, or hallucinogenic drugs. CONTACT AN ATLANTA DIVORCE LAWYER TODAY If you are considering divorce in Georgia, let an experienced Atlanta divorce lawyer provide you with information about the process. We can answer any questions you may have about grounds for divorce in Georgia and can advise you on the best way to proceed in your particular situation. Reach out to schedule a consultation .
By Atlanta Family & Immigration Law 19 Jun, 2021
The U.S. immigration process can be quite complex. It is not uncommon for someone to enter the United States with a valid visa, file for an extension, and then not hear back from the U.S. Citizenship and Immigration Services (USCIS) before their visa expires. Having your visa expire while living in a foreign country can certainly be nerve-wracking. However, following specific steps will make the process much easier to navigate. Read on to learn how to avoid ever saying, “Help, my visa expired! Now what?” WHAT IS A U.S. VISA? In order to legally enter the United States of America, a foreign citizen must apply for a U.S. visa. A visa is simply a passport that permits foreign citizens to enter the United States. However, having a visa granted as a foreign citizen does not always guarantee entry to the United States. Being granted a visa simply means that your application was reviewed by a consular officer at the U.S. Embassy or Consulate and that the officer determined that you are eligible to travel to the U.S. for a specific purpose. Even with a valid U.S. visa, you can be denied entry to the United States. Access is generally determined at the port of entry. At the port of entry, a U.S. immigration officer from the Department of Homeland Security will determine if you can enter the country. If granted entry, the immigration officer will also set the duration of time you are allowed to stay. If a U.S. immigration officer grants you entry into the states, it is essential that you follow all rules and regulations given. You must also keep your visa up to date and stay on top of all paperwork and deadlines to avoid potential issues as much as possible. It is in your best interest to always be aware of all immigration expectations and your visa expiration date. WHEN IS MY VISA EXPIRATION DATE? When you are issued a U.S. visa, your visa expiration date will be shown alongside the visa issuance date. The time between these two dates is known as your visa validity. During this time, you are allowed to travel to a port of entry in the United States. If allowed into the U.S. at the port of entry, it is essential that you understand how long you are legally allowed to stay in the United States. It is also vital that you understand how to renew your visa before its expiration date once you are living in the United States. HOW DO I EXTEND MY VISA? When coming to the United States on a nonimmigrant visa, you must apply to extend your stay with USCIS before your stay is up or before your visa expires. It is recommended that you apply for an extension well in advance of the expiration date, as it can be a lengthy process. To extend your visa, you will have to file Form I-539, Application to Extend/Change Nonimmigrant Status with the USCIS. We recommend filing this form at least 45 days before your authorized stay is set to expire. Keep in mind that not all applicants are eligible for an extension. This includes individuals who were admitted to the U.S. in the categories of the visa waiver program, D nonimmigrant visa, C nonimmigrant visa, K nonimmigrant visa, S nonimmigrant visa, or in transit through the United States without a visa If you applied for an extended stay and have not heard back from USCIS before your expiration date, it is recommended that you leave the United States. Failing to adhere to guidelines and staying beyond your authorized time is a violation of U.S. immigration laws. Breaking these laws, for whatever reason, may cause you to be ineligible from all future travel to the United States. If you do stay beyond the end date of your authorized stay, your visa will be automatically canceled. It is always in your best interest to follow all immigration laws and USCIS guidelines. If you have any questions or concerns regarding your visa status, it’s always a good idea to contact an experienced immigration attorney. CONSULT WITH AN EXPERIENCED IMMIGRATION ATTORNEY TODAY Navigating the U.S. immigration process can certainly be difficult. There are a lot of details you must follow to keep your visa valid and guidelines to follow during your stay in the United States. It is essential that you always stay up to date with your Visa and all USCIS guidelines because you never want to have to utter the phrase, “My Visa Expired! Now what?” If you ever have questions or concerns regarding your status or visa eligibility, reach out to one of our experienced immigration attorneys immediately. An immigration attorney will be able to help you navigate all the complexities of U.S. immigration. Contact us today . We look forward to working with you and helping you reach the best possible outcome with your immigration journey.
By Atlanta Family & Immigration Law 15 May, 2021
Receiving an eviction notice can be a traumatic experience — especially if the notice is unexpected. After the initial shock subsides, you may find yourself overwhelmed by feelings of fear, frustration, and worry. The key to handling the situation is to take the eviction notice seriously. To ensure the best possible outcome, it’s wise to seek the guidance of an experienced lawyer who is familiar with Atlanta eviction laws. Below are five steps to take after receiving an eviction notice. STEP ONE: READ YOUR EVICTION NOTICE CAREFULLY – DO NOT IGNORE IT. One of the worst mistakes people make is to ignore their eviction notice. While it can be painful to face eviction, you should never throw your notice in the trash or try to pretend you never received it. Instead, open your notice right away and read it. To properly handle the situation, you need to know the reason why your landlord sent you the notice. The reason might differ from your suspicions. STEP TWO: REMAIN CALM. AVOID AN IMMEDIATE CONFRONTATION. After you read your eviction notice, you may feel angry and desperate. You may feel like confronting your landlord and demanding answers. While your anger and frustration may be justified, it’s important to avoid any hostile or threatening behavior toward your landlord. Instead, allow yourself to calm down. This will put you in a better position to collect your thoughts and have a productive discussion with your landlord. STEP THREE: ADDRESS THE ISSUE OUTLINED IN YOUR NOTICE. There are many reasons why a landlord may decide to move forward with an eviction notice. Your notice should outline the reason(s) why your landlord is choosing to evict you. The most common reasons why landlords issue eviction notices include the following: Failure to pay rent Health or safety violations Illegal use of property Violation of pet policies Property damage Criminal or illegal activity If you have clearly violated your lease agreement as indicated in your notice, you might be able to avoid eviction by communicating with your landlord and taking immediate steps to correct the violation(s). For example, if you acknowledge that there have been two dogs and a cat living with you for the past year, you can show proof that you have found a new home for the pets and provide evidence that the animals have been relocated. If you disagree with the information presented in your eviction notice, the best thing to do is reach out to a lawyer right away. Your fast timing is critical, as you only have seven days to respond to the notice. STEP FOUR: PAY YOUR RENT AND ANY FEES OWED RIGHT AWAY. “Except as provided in subsection (c) of this Code section, in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section 44-7-51, all rents allegedly owed plus the cost of the dispossessory warrant.” – Georgia Title Code 44 Failure to pay rent is the top reason why tenants are evicted in Atlanta. If your notice indicates you are being evicted due to failure to pay, you might be able to rectify the situation by paying the amount you owe. Additionally, you may need to pay extra fees to your landlord to stop the eviction process. Be sure to remit payment in full right away and keep a record of your payments and completed transactions. STEP FIVE: FILE AN ANSWER WITH THE COURTHOUSE WITHIN SEVEN DAYS. In Georgia, tenants have seven days after the date the eviction notice is issued to deliver a response. This process is sometimes called, “filing a written answer,” and typically involves a trip to the courthouse to respond to the notice. The response should include any steps you have taken to address the notice and may also include any counterclaims related to housing or landlord inadequacies. HOW CAN A GEORGIA EVICTION LAWYER HELP YOU AVOID BEING EVICTED? No two eviction scenarios are exactly alike. And Georgia’s eviction laws are not always easy to interpret. Hiring a lawyer with a proven track record of success in helping clients avoid eviction is the best step you can take to prevent your own eviction. In addition to reviewing your eviction notice in conjunction with Georgia law, a skilled lawyer can help in the following ways: Ensure that your eviction notice is in line with current Georgia laws Communicate with your landlord and the courts on your behalf Negotiate an arrangement that is satisfactory to both you and your landlord Advocate for your rights if you are being threatened with eviction without good reason If you received an eviction notice, we encourage you to reach out to us today to discuss your case. We look forward to helping you remain in your home and providing the legal representation you deserve.
By Atlanta Family & Immigration Law 02 Apr, 2021
If you’re embroiled in a child custody battle, you are likely doing everything you can to put your best foot forward to secure custody of your children. So, if you suddenly find yourself involved in a domestic violence case, it’s natural to wonder if your child custody efforts could be compromised. If you are concerned that your domestic violence and child custody cases could impact each other, the best thing to do is reach out to a skilled child custody lawyer in Atlanta.
By Atlanta Family & Immigration Law 22 Mar, 2021
The history of immigration in the United States has been a complex and ever-changing web of policies, preferences, and debates. Depending on which President is in power, even the same policies can be emphasized in different ways, leaving the task of understanding family immigration to be a difficult one. Today’s family immigration policies are part of a long history of legal changes that have developed over time — often with conflicting goals. Working through the complexities can be frustrating for families hoping to use the policies to gain access to lawful permanent residency or eventual citizenship . Here, you’ll learn some key details about how the current policies developed and how you can use them.
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