Jarvis-Fleming Law Ltd.Jarvis-Fleming Law Ltd.2026-09-22T20:48:16Zhttps://www.jarvisfleminglawltd.com/feed/atom/WordPress/wp-content/uploads/sites/1503976/2024/04/cropped-JF-fav-icon-32x32.pngOn Behalf of Jarvis-Fleming Law Ltd.<![CDATA[“Public charge” expansion creates added obstacles for immigrants]]>https://www.jarvisfleminglawltd.com/?p=467362026-09-22T20:48:16Z2026-09-22T20:48:16ZPeople living in the U.S. on visas of all kinds may feel like the ground is constantly shifting under them. The federal government has issued numerous new rules that make it more challenging to obtain and keep the documentation they need to be here legally. Even legal permanent residents (green card holders) are finding that their residency is not as secure as it once seemed to be.
Yet another rule took effect this month that involves that age-old term “public charge.” Despite the words on the Statue of Liberty, “Give me your tired, your poor, your huddled masses yearning to breathe free,” the U.S. has reserved the right to deny entry to people likely to require public aid – in other words, to be public charges -- since the Immigration Act of 1882.The term “public charge” has been defined differently under various administrations. Some types of government benefits have been considered public aid while others have not. For example, the Biden administration considered only government aid that provided cash benefits, but not other federal benefits like Medicaid.
Broadening the meaning of “public benefits”
The latest rule allows immigration officers to consider potential use of more public assistance programs not just by the potential visa holders themselves but by anyone in their family, including U.S. citizen children, when determining whether someone can obtain a new visa or adjustment of status.According to the Department of Homeland Security (DHS), it “will consider the receipt of any means tested public benefits.” This could include Head Start, school meal programs and even the child tax credit.Not surprisingly, there has been considerable criticism of the new rule. Coalitions of cities and states have filed lawsuits to try to stop implementation of the rule, which could affect how much federal funding they receive for these programs. Court filings note that the new rule gives “unfettered discretion for immigration officials to determine who can be excluded on public charge grounds” and that their decisions could “fundamentally depart from the core meaning” of public charge.Immigrant and children’s advocates fear that people will choose not to seek needed benefits for their family out of fear of losing their right to be in the country. However, immigration officials can make their decisions regarding those applying for a new visa or adjustment of status based on even the possibility that they may apply for public aid of any kind.With so many changes – and typically not for the better for those seeking to live in the U.S. or bring family members here – it’s more important than ever to seek experienced legal guidance to understand the law and your rights.]]>On Behalf of Jarvis-Fleming Law Ltd.<![CDATA[When can the defense suppress the state’s evidence?]]>https://www.jarvisfleminglawltd.com/?p=467342026-09-16T15:06:48Z2026-09-16T15:06:48ZAfter a violation of civil rights
In cases where police officers or other agents of the state violate the rights of a defendant, the evidence found through that misconduct may not be admissible during a trial. Illegal searches, interrogations that occur after Miranda violations and other violations of the civil rights of defendants can give criminal defense lawyers the grounds necessary to invoke the exclusionary rule and ask the courts to suppress specific evidence.
When evidence doesn't meet certain standards
There are many rules governing collection, analysis and testing of evidence. Gaps in records, deviations from best practices and other issues that raise questions about the credibility of evidence can play a role in suppressing it. A careful review of state records can potentially find issues with evidence that can prevent its use during the criminal trial.
Suppressing evidence is one of several tactics that may contribute to a successful criminal defense strategy. Reviewing current evidence with a criminal defense attorney can help people develop the most effective defense strategy possible, given their unique circumstances.]]>On Behalf of Jarvis-Fleming Law Ltd.<![CDATA[Can nursing home nurses use earphones while working?]]>https://www.jarvisfleminglawltd.com/?p=467332026-08-22T22:38:59Z2026-08-22T22:38:59ZWhen can earphones or other devices become a negligence issue?
Federal nursing home regulations require facilities to provide care consistent with professional standards, a resident's care plan and the resident's individual needs. Facilities must also keep the resident environment as free from accident hazards as reasonably possible and provide adequate supervision to prevent accidents.
Those obligations can make personal device use significant when it distracts a staff member from a resident who needs attention. Concerns may arise when a staff member:
Watches television instead of monitoring residents at high risk for falls.
Uses earphones at a volume that prevents them from hearing residents calling for help.
Watches videos or other entertainment on a phone while responsible for resident supervision.
Fails to hear an alarm, call system, medical equipment or another staff member's warning.
Becomes distracted and makes an error when administering medication or providing treatment.
Device use becomes concerning when staff members know that a resident requires close monitoring. Seeing a nurse wearing a single earpiece does not automatically establish neglect.
If a nurse or caregiver is watching television, listening to music or using another device while a vulnerable resident experiences harm due to a lack of supervision, seeking legal support on the issue can help families determine if they have grounds for a negligence claim.]]>On Behalf of Jarvis-Fleming Law Ltd.<![CDATA[The naturalization test recently changed]]>https://www.jarvisfleminglawltd.com/?p=467322026-08-08T00:25:42Z2026-08-08T00:25:42ZThe Civics test has expanded
Until 2025, the Civics test administered during the naturalization interview consisted of 10 verbal questions. The person taking the test had to get at least six questions right. Every question was one of a list of 100 available for them to study provided online by the USCIS.
As of late 2025, the Civics test has shifted somewhat. Immigrants seeking naturalization must now answer at least 12 out of 20 questions correctly. The list of potential questions also increased to 128.
With additional studying, most immigrants can master the knowledge required to pass the Civics portion of the naturalization test. They may also meet support seeking either a language testing exemption or enhancing their English skills so that they can demonstrate the ability to read, write, speak and understand spoken English.
Having legal guidance during the naturalization process increases one’s chances of success. Immigrants with support may find it easier to handle paperwork and to prepare for the testing process ahead.]]>On Behalf of Jarvis-Fleming Law Ltd.<![CDATA[Can a DWI charge endanger an immigrant’s status?]]>https://www.jarvisfleminglawltd.com/?p=467312026-07-31T12:35:00Z2026-07-31T12:35:00ZConvictions can cause applications
For those with a work visa, a DWI conviction might lead to a termination at work, which could then endanger their status in the United States. For others, repeated convictions or convictions involving aggravating factors could put them at risk of removal from the United States.
Multiple convictions or especially serious DWI offenses could also prevent people from renewing their visas or adjusting their status if they want to become permanent residents. Particularly when a DWI may have involved injury to others and leads to a lengthy prison sentence, even one conviction could be enough to have immigration consequences. Other times, three or more DWI convictions can be grounds for immigration consequences.
Repeated offenses may be indicative of a substance abuse issue that may deviate from immigration standards. Working with an attorney to fight DWI charges is important for those hoping to protect their immigration status. Those who understand how criminal charges could affect immigration opportunities can respond more effectively to criminal accusations.]]>On Behalf of Jarvis-Fleming Law Ltd.<![CDATA[Can families place a camera in a Minnesota nursing home room?]]>https://www.jarvisfleminglawltd.com/?p=467252026-07-09T09:41:06Z2026-07-09T09:41:06ZWho needs to consent to monitoring?
The resident generally must give written consent on a Minnesota Department of Health form. If a health care provider finds that your loved one cannot understand the decision, an authorized representative can consent. However, the representative still needs to ask your loved one and honor any objection.
If your loved one shares a room, the roommate’s written consent is also required. Either resident may limit recording during personal care or private visits, or withdraw consent. If the roommate refuses, the nursing home must make a reasonable effort to move the resident to another shared room, but is not required to provide a private room.
What happens before recording begins?
You usually need to give the forms to the nursing home before recording. However, you may delay notice for up to 14 days if you send the forms to the Office of Ombudsman for Long-Term Care and reasonably fear retaliation, received no timely response to a written concern or already reported the concern to adult protection officials or police. If footage obtained under the retaliation exception suggests abuse or neglect, report it promptly.
You pay for the device, setup, upkeep, removal and internet service, and the equipment and installation must meet UL safety standards. The nursing home must post the required notice at its entrances.
Who may view or share the footage?
Only someone with written consent from the resident or representative can view or listen to a recording. Footage generally may be shared only to address a resident’s health, safety or welfare. Posting it publicly could create legal concerns. The nursing home may not punish or treat the resident unfairly because of monitoring that follows the law.
Use the camera as one source of information
A camera captures only part of your loved one’s daily experience. Compare any footage with changes in behavior, physical injuries, staff explanations and care records. Looking at the full picture can help you recognize concerns that a recording alone may not reveal. Call 911 if your loved one faces immediate danger.]]>On Behalf of Jarvis-Fleming Law Ltd.<![CDATA[Medication errors in long-term care facilities]]>https://www.jarvisfleminglawltd.com/?p=467232026-07-02T10:29:23Z2026-07-02T10:29:23ZMoving into a long-term care facility often comes with the hope that residents will receive consistent, attentive medical care. Families trust staff members to help manage medications safely while supporting their loved one's health and well-being.
Most nursing home residents take multiple medications every day, making careful oversight especially important. Even a small mistake can have serious consequences for someone with complex medical needs.
Why medication mistakes can have serious consequences
Medication errors in long-term care facilities can happen for many reasons. Staff shortages, communication breakdowns during shift changes and inadequate training can all increase the risk of mistakes. Errors may include giving the wrong medication, administering an incorrect dosage or even providing medication to the wrong resident. In some situations, medications may also interact with one another in unexpected ways if a resident’s treatment plan is not carefully monitored.In a study examining medication administration errors in long-term residential care, 90% of the 345 residents involved were exposed to at least one medication error. Although many of these mistakes may seem minor, others can lead to serious health complications and, in some cases, can be life-threatening. The effects of these mistakes can range from mild discomfort to life-threatening complications. Residents may experience allergic reactions, dangerous drops in blood pressure or worsening medical conditions when medications are not administered properly. Older adults are often more sensitive to medications because of age-related changes in the body, making them especially vulnerable to preventable errors.Families can help play an important role in helping reduce the risk of medication mistakes by staying involved in a loved one's care. Asking questions about medication changes, reviewing medication lists during care meetings and watching for unexpected changes in a resident's physical or mental condition can help identify potential concerns early. While not every medication error is the result of abuse or neglect, repeated mistakes or preventable errors may indicate larger problems within a facility, such as inadequate staffing or poor safety procedures.When a medication error causes serious harm, families deserve answers about what happened and whether proper standards of care were followed. Speaking with an experienced professional who understands nursing home neglect and abuse cases can help you better understand your legal options and the steps available to protect your loved one and pursue accountability when appropriate.]]>On Behalf of Jarvis-Fleming Law Ltd.<![CDATA[Lying to secure a mortgage can lead to serious charges]]>https://www.jarvisfleminglawltd.com/?p=467222026-06-18T17:53:14Z2026-06-18T17:53:14ZIntentional harm is not necessary for fraud charges
Prosecutors do not need to prove that an individual intended to personally profit off mortgage fraud by defaulting and costing the lender thousands of dollars. They simply need to show that the person seeking the mortgage knowingly and intentionally misrepresented their circumstances to convince a lender that they qualified for a mortgage when they truly did not.
Mortgage fraud might involve the use of someone else's personal identifying information. It could entail exaggerating income or fabricating valuable assets that a person does not actually own. While the goal may simply be to acquire housing, the potential impact of the fraud is the same. The lender takes a risk that the company would not accept if it had accurate information about the situation.
Individual property owners, mortgage brokers and others involved in a real estate transaction could end up accused of mortgage fraud even if the goal is to obtain housing, not to financially benefit from deceiving a mortgage lender. Discussing the details included on a mortgage application with a white-collar criminal defense attorney can help people understand the case against them and begin strategizing to fight mortgage fraud allegations accordingly.]]>On Behalf of Jarvis-Fleming Law Ltd.<![CDATA[A domestic violence conviction can lead to your deportation]]>https://www.jarvisfleminglawltd.com/?p=467202026-06-10T14:33:32Z2026-06-10T14:33:32ZA criminal conviction can carry consequences that extend far beyond fines or jail time. For noncitizens, certain offenses may also place their immigration status at risk and lead to removal proceedings.
Domestic violence offenses are among the crimes that can trigger serious immigration consequences. Understanding how immigration laws interact with the criminal justice system is an important step in protecting your rights and planning an effective criminal defense strategy.
Federal immigration laws provide that a noncitizen may become deportable after admission to the United States if convicted of certain domestic violence crimes. A crime of domestic violence generally involves a violent act committed against a spouse, former spouse, a person with whom the accused shares a child, a current or former household member or another person protected by family violence laws.Immigration laws also extend beyond traditional domestic violence charges. Convictions involving stalking may create immigration consequences because they involve conduct that threatens the safety and well-being of another person. Depending on the facts of the case, these offenses may become grounds for deportation.Child-related offenses can also carry significant risks. Convictions involving child abuse, child neglect or child abandonment may affect a person's ability to remain in the United States. Immigration authorities often review the specific facts of a conviction when determining whether removal proceedings are appropriate.Violating certain protection orders may create additional problems. If a court determines that a person violated provisions designed to prevent credible threats of violence, repeated harassment or bodily injury, that conduct may support deportation under federal immigration laws. These rules can apply to temporary as well as final protection orders.Domestic violence allegations should always be taken seriously, particularly for noncitizens facing potential immigration consequences. A conviction may affect your ability to remain in the United States and could lead to deportation proceedings. Understanding how immigration laws and criminal defense issues work together can help you make informed decisions. Seeking legal guidance as early as possible may help you protect your rights and evaluate your options.
]]>On Behalf of Jarvis-Fleming Law Ltd.<![CDATA[Changes to immigration laws spark confusion]]>https://www.jarvisfleminglawltd.com/?p=467192026-05-28T13:55:41Z2026-05-28T13:55:41ZRecently, the White House announced sweeping changes to the immigration laws. These changes can potentially affect how some immigrants obtain green cards.The administration now requires those seeking green cards to apply from their home countries. Most applicants who are already in the United States now have to self-deport and return to the countries they fled to reapply.
Who will be affected?
A lack of clarity in the requirements has many immigrants worried about their futures. While the policy will likely face legal challenges, the full reverberations of the law are still uncertain.What is certain is that these new requirements can have a chilling effect on the immigration process itself and on immigrant communities specifically.
Are there any exceptions?
Probably. Those who came to the United States on employment-based visas (H-1B) may be exempt. Protected classes of refugees should receive those protections as well. How those on humanitarian parole would be affected is still unknown.Anyone who remains in the USA on expired visas may become targets of Immigration and Customs Enforcement (ICE) agents. Another concern arises from the corporations that employ immigrants. They expressed concerns about these changes, raising worries that companies may choose not to seek green cards for their workers.
Are you worried about your status?
Seeing pathways to legal immigration closing, immigrants are right to be concerned about how the new laws will affect their legal status here in the United States. The answers now are not clear, but it makes good sense to consult with your legal team about any potential upheavals.By working closely with both the community and legal advocates, green card-seekers can pursue the most optimal solutions for their circumstances.]]>