U.S. Laws Archives - Law-LG https://www.wlglaw.net Legislation Blog Tue, 28 Jun 2022 14:09:58 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.1 https://www.wlglaw.net/wp-content/uploads/cropped-logo-32x32.jpg U.S. Laws Archives - Law-LG https://www.wlglaw.net 32 32 A General View of the States Legislative System https://www.wlglaw.net/general-view-of-the-states-legislative-system/ Sat, 07 May 2022 13:57:00 +0000 https://www.wlglaw.net/?p=30 The American legal system is one of the most complex in the world. Practically all the more or less important laws that have ever been applied at the federal level

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The American legal system is one of the most complex in the world. Practically all the more or less important laws that have ever been applied at the federal level (there are some exceptions, which were applied only at the state or city level) are included in the special Legislative Code of the United States – the second most important document after the Constitution. The country’s legislation is based on the Constitution (as in Russia). This document guarantees citizens equal rights and the opportunity to assert them.

America is also famous for its ridiculous legislative projects which have been in effect for several years or even centuries, though serious penalties for their violation are unlikely to ever follow.

The main legislative document is the Constitution of the United States. It is the basis upon which all existing laws of the country, individual states, and cities are drafted and edited. Each U.S. state and even a city is free to pass its own bills, but final passage requires congressional approval. That said, all proposed individual state and city bills cannot conflict with the Constitution, applicable laws at the federal level, basic human rights, and applicable laws of the state itself.

Basically, states and cities use this right to impose/revoke additional taxes, duties, fines, allow/prohibit the sale of certain types of goods. Thanks to this the economy of the country is prospering, because the income from taxes is accumulated in individual states and only a small percentage of the country goes to the capital, where if necessary it can be distributed among the regions or used for other purposes. This system also makes it more profitable to trade both domestically and internationally.

However, a significant disadvantage of this system is the discord between the regions. For example, at one time Texas wanted to secede. Plus lawyers have to “adapt” to the rules of each individual region, as do the citizens of the country. If in one state you could get a small fine for a violation, in another state you could end up in prison for the same violation.

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Immigration Law https://www.wlglaw.net/immigration-law/ Sun, 24 Apr 2022 14:01:00 +0000 https://www.wlglaw.net/?p=33 You can officially migrate to America permanently in these ways - through work, family reunification, talent visa, winning the Green Card lottery, or by applying for political asylum in the United States.

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You can officially migrate to America permanently in these ways – through work, family reunification, talent visa, winning the Green Card lottery, or by applying for political asylum in the United States. For those who have been able to relocate and obtain residency through these means, the government offers some help in adjusting. However, if you are in the country on a U.S. tourist, student, or other visa that does not allow you to obtain a residence permit, you will not be able to legally get a job, get Social Security, or take out large loans. The exception is the student visa on which you can work, but no more than 20 hours a week, and receive some social assistance from the state and private organizations.

For a long time a law was passed in the USA, which forbids the migrants without residence permit (Green card), special visa or citizenship to work legally in the USA. However, this does not prevent many migrants in some states and cities from working illegally and still maintaining a good standard of living. It is especially noticeable in New York, Chicago, Los Angeles, and some southern regions, since most migrants gather there, plus the implementation of this act is monitored rather poorly.

However, if an employer is found to have illegal workers, he will be fined a large fine or required to close the company. Illegal workers themselves are not threatened with anything serious, i.e. if a person stays in the country legally, then the court is out of the question.

If your visa has expired, and it is impossible to extend it, then you must leave the country as soon as possible, otherwise you can be among the illegals. In addition to the fact that you will not be able to get a legal job, you are not recommended to use the services of the police, medical and other institutions where they may ask for documents. If it turns out that you are in the country illegally, you can be deported or sent to the migration prison for further clarification.

Those who stay in the country on a tourist, study, or visitor visa cannot apply for a Green Card, i.e. to become a full-fledged American citizen will be much harder. The owners of work, business, and investment visas can expect to receive a residence permit and subsequently a passport.

The Freedom Act allows the first group of people to legalize their status by exercising their right to apply for political asylum. If their visas have not yet expired, they are not threatened with immigration jail, and they can stay in the country legally while the process of their application is underway (the process itself can take several years). After 6 months from the beginning of the process, if no decision has been made or one of the parties tries to dispute the issue, the applicant is provided with an official work permit as well as various social security benefits in the refugee assistance program.

However, you do not have to leave the country if it is rejected; you can file a second lawsuit, but it will cost a certain amount of money, because you will need to hire a lawyer. You can file lawsuits almost indefinitely, thus dragging out the process for years, and you will have all the rights of an American citizen. But every attempt to appeal against the decision of the immigration court will cost a large sum of money, so this way to stay in the country legally is too costly. If you managed to get political asylum, you will be given a Green Card and some social benefits as a refugee, after a certain period of time you can become a full-fledged US citizen.

Recently, U.S. immigration laws have become more and more strict. First of all, it is connected with influx of low-skilled labor from Mexico, China, and African countries who work illegally and do not pay taxes, which is to the detriment of the state. There is also a risk of canceling the Green Card lottery, which brings tens of thousands of people to the United States for permanent residence every year. The reasons are economic in nature, since the Green Card entrants can expect full social security from the government, which they actively use, and as a consequence, they do a certain amount of damage to the economy.

At the moment, the United States is most interested in the influx of highly skilled specialists from abroad, who find it easier to migrate on a work, study, or talent visa (issued to those who have some unique talent or outstanding achievements).

However, even with a Green Card in hand, you can be deported from the country without the right to return if you seriously break the law.

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Invalid and ridiculous laws https://www.wlglaw.net/invalid-and-ridiculous-laws/ Fri, 01 Apr 2022 14:07:00 +0000 https://www.wlglaw.net/?p=39 Not so long ago the Homestead Act, which allowed immigrants to the Wild West and Alaska to qualify for free land and seed money to develop them, was finally repealed.

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Not so long ago the Homestead Act, which allowed immigrants to the Wild West and Alaska to qualify for free land and seed money to develop them, was finally repealed. To qualify, one had to be a citizen of the country, not commit serious violations of its existing laws, and support the current government. The Covenant came into force in 1863, and was abolished only in 1976 (in all U.S., except Alaska) and 1986 (in Alaska).

Also, American law is famous for its ridiculous bills that do function. However, some of them are almost impossible to violate, and in another case it is impossible to trace the violation itself. A few of the most interesting and ridiculous laws:

  • In New York State and Alabama, it is illegal to walk around on Sundays with an ice cream cone in the back pocket of your pants.
  • Also in New York, jumping from a skyscraper is punishable by death.
  • In South Carolina, it is illegal to keep a horse in a bathtub.
  • In Missouri, every unmarried man between the ages of 21 and 50 pays an extra $1 tax.
  • In New Jersey, assassins who prepare an assassination attempt are not allowed to wear a bulletproof vest.
  • In Alaska, it is forbidden to view moose from an airplane that is in the air.
  • In Arkansas, all dogs are prohibited from barking after 6 p.m., though it is not specified what the penalty for doing so would be for the dog and/or its owner.
  • In Florida, you can’t shower naked, but no one adheres to this law.
  • In North Dakota, you can’t sleep with your shoes on.
  • Also in Alaska, you can’t throw a moose off an airplane.
  • In Arizona, you can’t sleep with a donkey/ass in the bathroom.
  • In West Virginia, men are allowed to have intercourse with animals that weigh no more than 18 pounds.

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Financial and tax law https://www.wlglaw.net/financial-and-tax-law/ Thu, 24 Mar 2022 14:04:00 +0000 https://www.wlglaw.net/?p=36 The U.S. economy is the strongest and most developed economy in the world. Its main backbone is small and medium-sized businesses, as well as a sophisticated taxation system for people and businesses.

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The U.S. economy is the strongest and most developed economy in the world. Its main backbone is small and medium-sized businesses, as well as a sophisticated taxation system for people and businesses. Part of the economic superiority of the United States also comes from the fact that each region is partly independent in its decisions from the central government.

Despite the fact that half of the country’s economy is based on the creation and development of private enterprises and companies, it is not so easy to open a business in this country. It’s all about a confusing system of certifications, taxation, and various laws regarding labor, safety, and labor regulations.

The U.S. tax code requires every citizen and resident to pay income tax. The average rate in the country is about 20-25%, however you should remember that each state has the right to set its own income tax, so somewhere it can be 20% and somewhere it can be 40% (state governments do not have the right to raise tax above 40%). Income tax is also imposed on private businesses.

In addition to the basic income tax there is a property tax. Again, it can vary greatly from region to region. For example, the lowest property tax is in Ohio, Texas, Kansas, and the highest in California, New York. There are also additional mandatory state taxes that all residents of a particular state must pay.

Optional taxes include taxes on gun ownership, taxes on certain types of goods/services, and use of public infrastructure. All taxes are closely monitored, and in case of nonpayment or delay in payment you may be fined heavily (for example, if we are talking about income tax, the penalty could be 100% of your income for one year).
In certain cases, non-payment may result in imprisonment and/or closure/suspension of the business. Therefore, before starting a business in America, it is advisable to thoroughly research the tax laws of the country and state where you plan to open your business. It is also a good idea to use the services of a knowledgeable lawyer.

The law of the USA on the taxation of foreign accounts requires separate consideration. It is necessary to know its basis for those who are planning to come to America on a work visa, trade with companies that are officially registered in this country, open a subsidiary enterprise of an existing company in your country, take part in lotteries and play in the casinos.

According to this law, all profits that are kept in foreign accounts are taxed. There is also a risk of overpaying this tax, because in addition to paying fees to the American side, the legislation of another country may require you to pay taxes under its tax protocol. However, if you enter into a certain contract, you will only pay taxes to one party.

While in America, never try to violate its tax laws. The special services that check your tax receipts are so good that they can literally hold you accountable for a few unpaid cents. This partly explains why business owners are trying less and less to hire illegals, and Americans themselves are afraid of having trouble with the IRS.

Also the country’s laws have a serious impact on the business sector of society. Since private enterprises are the backbone of the US economy, antitrust and antitrust laws have been issued which prevent certain companies from taking a market share above a certain percentage and impose additional taxes, restrictions and penalties. These laws mostly apply to large concerns, small and medium-sized businesses in the country are not easy to open and develop, but the government mostly helps beginners.

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