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On January 20, 2025, President Donald Trump signed Executive Order 14160, titled "Protecting the Meaning and Value of American Citizenship." The order, which aims to end birthright citizenship for children born in the United States to certain non-citizen parents, challenges the long-standing interpretation of the Fourteenth Amendment's Citizenship Clause, which grants citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof." The executive order’s assertion that the phrase "subject to the jurisdiction thereof" has been misinterpreted has been met with significant pushback and doubt from legal experts. The order, which applies to individuals born on or after February 19, 2025, says that individuals born in the U.S. will no longer automatically receive citizenship. It particularly blocks birthright citizenship in two different scenarios: If the individual’s mother was in the United States illegally at the time of their birth and the father was neither a U.S. citizen nor a lawful permanent resident. If the individual’s mother was in the U.S. on a temporary visa (e.g., tourist, student, or temporary worker), and the father was neither a U.S. citizen nor a lawful permanent resident. Executive Order 14160 was met with legal challenges as soon as it was signed, with civil rights groups, including the American Civil Liberties Union filing lawsuits arguing that the order violates the Fourteenth Amendment and oversteps presidential authority. So far, several federal judges have issued preliminary injunctions blocking the order's implementation, with one calling the order unconstitutional and saying that it contravenes a century of legal precedent. While the Department of Justice has appealed these rulings, the U.S. Court of Appeals for the Ninth Circuit denied its emergency request to lift the injunctions, maintaining the block on the executive order. The appellate court emphasized that changes to citizenship rights should be enacted through constitutional amendments or legislation, not executive orders. The legal battle is expected to escalate, and the case will likely go to the U.S. Supreme Court, whose decision will have profound implications. If the Supreme Court upholds the executive order, it could fundamentally change the criteria for U.S. citizenship, leaving individuals previously considered citizens without a home country. Alternatively, if the Court strikes down the order, it would reaffirm the traditional understanding of birthright citizenship and limit the executive branch's authority to unilaterally redefine constitutional provisions. As the legal battle continues, many people are wondering what this means for their children. For assistance and answers to your citizenship questions, contact us today.

As an entrepreneur, you’ve invested enormous time, money, and emotion into building up your business. Protecting it is a high priority, but that can be difficult in the face of divorce. Nobody wants to plan for their marriage to break up, but preparing for the worst is the best way to preserve your interests. There are several proactive legal measures available to safeguard your business interests against the equitable distribution process. These include: Prenuptial and Postnuptial Agreements A prenuptial agreement is one of the most effective tools available for protecting a business. It allows both you and your spouse to agree in advance on how the business will be treated in the event of a divorce, ensuring it remains separate from marital assets. If a prenuptial agreement isn’t in place, a postnuptial agreement, signed after marriage, can serve the same purpose. These agreements can specify that the business, or its appreciation in value during the marriage, is not subject to division. Setting the Business Up as Separate Property Entrepreneurs should maintain clear boundaries between their personal and business finances, as doing so will help establish that the business is separate property. Never use marital funds for business purposes, and maintain meticulous financial records to help prove that the business isn’t a marital asset. Creating a Trust Placing your business in a trust is another effective way to protect it. A trust removes the business from your personal ownership, which makes it much less likely to be included when it comes time for marital asset division. A properly structured trust can keep the business from being contested during divorce proceedings. Implementing a Shareholder or Partnership Agreement If your business has multiple owners, a shareholder or partnership agreement can include terms that restrict the transfer of ownership during a divorce. These agreements can ensure that the divorcing spouse can’t gain control over the company by selling or dividing shares. Pay Yourself a Fair Salary It may be tempting to keep reinvesting your profits back into the business, but by paying yourself a fair salary, you avoid the court deciding that business growth is marital property. Include a Buy-Sell Agreement A buy-sell agreement can proactively address how ownership will be handled in case of divorce. It guarantees business continuity and protects other shareholders or partners from losing control of the entity. Speaking with an experienced attorney will help you identify which strategy best minimizes the risk of losing your business if your marriage fails. For more information, contact us today to set up a time to meet.

The attitudes and environment surrounding immigration to the United States are stricter than ever, and that means that applications require meticulous attention to detail and comprehensive preparation to be successful. The most important factor is ensuring that you’ve provided all the documentation that’s required and that all of your answers are accurate. One of the most important things to remember is that everything you submit should be properly translated, authenticated, and organized, and you need to include secondary supporting evidence whenever possible, especially when it comes to information about employment, education, and residential history. Never assume that a document is optional – provide everything requested in the instructions. When you’re completing your application forms, you need to be very precise and detailed. Every box on the application must be filled out accurately, with no blanks left open unless explicitly marked as "N/A" (Not Applicable). Double-check all dates, names, and numbers to make sure that they’re consistent across everything you submit, and when trying to convey complicated circumstances or situations you fear may represent a red flag, provide clear, detailed explanations rather than leaving matters open to interpretation. Financial requirements are often a major reason for rejection, so make sure you show that you meet or exceed the minimum income or savings requirements for your visa category. Provide comprehensive documentation of your finances, including bank statements, tax returns, and employment verification letters. If your finances fall short, consider finding a qualified joint sponsor and have them in place well before submitting your paperwork. When it comes to the immigration application process, timing is everything. Make sure that you submit all of your materials well ahead of any expiration dates, and if you’re asked for additional information, respond promptly and thoroughly within the specified timeframe. Be proactive throughout the process, including making a checklist of requirements and reviewing it multiple times before submission. Make copies of everything you submit, including receipts and tracking numbers of everything you mail in, and if your circumstances change during the application process, make sure that the relevant authorities know about your new situation as soon as possible. The immigration process was always complicated, but that’s especially true today. To give yourself the best chance of having your application accepted, consider working with one of our experienced immigration attorneys, who can review your application package and identify potential issues before submission. Contact us today to set up a time for us to meet.

Divorce is always hard, and harder when children are involved, and issues of custody need to be resolved. Child custody disputes become significantly more challenging when divorcing parents live in different countries or one parent wants to return to their home country from the United States and take the children with them. Jurisdictional conflicts, as well as legal and cultural differences, can create real and troubling obstacles in both deciding on and enforcing custody arrangements. One of the hardest aspects of deciding a child custody case where parents live in different countries lies in determining which country’s courts have jurisdiction over the custody dispute. While in many cases, custody jurisdiction is based on where the child has been living before the divorce, everything can change when a parent decides that they want to move children across international borders. There have been many sad and frustrating cases in which one parent has illegally taken their children to another country without the other parent’s consent. This leads to charges of international parental abduction. Repatriating the child can be legally and emotionally challenging, particularly because custody laws in different countries vary. While some countries prioritize mothers having custody of their children, others place greater emphasis on joint custody or grant sole custody to a parent based on different legal principles from those in the United States. The situation becomes even more complex when a country’s laws are governed by a dominant religion in the country, as is the case in countries governed by Sharia law. Perhaps the most difficult aspect of international custody disputes is the fact that even when a court grants custody or visitation rights, enforcing these rulings across borders can be close to impossible. Some countries may not recognize another’s custody orders, and this makes it hard for the non-custodial parent to even maintain contact with their child. To address these challenges, several international treaties and legal frameworks have been created to facilitate dispute resolution, including The Hague Convention on the Civil Aspects of International Child Abduction and The United Nations Convention on the Rights of the Child (UNCRC), and some countries have established bilateral agreements to handle child custody disputes between their citizens. International child custody cases require careful navigation of complex legal systems. Parents facing these difficult situations need legal advice from attorneys who are experienced in international family law. If you are facing the reality or the potential of an international child custody dispute, contact us today to see how we can help.

For both current and prospective asylum seekers and refugees, potential changes to asylum laws are creating rippling impacts across multiple dimensions of their lives. For current applicants, stricter laws are likely to mean longer processing times and increased uncertainty. These individuals, who have already invested significant time navigating the complicated immigration system may face new bureaucratic hurdles or changed criteria that affect their pending cases. This can leave them in legal limbo, impacting their ability to work, access services, or plan for their futures. The psychological toll can be severe and is likely to exacerbate the trauma that many asylum seekers already endure based on experiences in their home countries. Though new asylum policies are still being rolled out, they’ll likely include heightened evidentiary requirements of their persecution claims. This will add to the challenges of those who fled their homes quickly or whose evidence remains in their country of origin. Some may need to gather new forms of documentation or testimony to meet stricter standards, which will be difficult or impossible. For prospective asylum seekers, new laws may create barriers to accessing the asylum system at all. New policies may limit where and when people can apply, establish additional pre-screening requirements, or implement "safe third country" agreements requiring asylum seekers to request protection in the countries they passed through. These changes can effectively prevent many from ever having their claims heard, regardless of their merit. The human cost of these changes will be evident in various ways. Some asylum seekers may be forced to remain in dangerous situations longer, increasing their exposure to persecution. Others may attempt riskier routes to safety, potentially falling victim to human trafficking or dangerous border crossings. Families may face prolonged separation if some members have already reached safety while others are blocked by new restrictions. Restrictive laws also tend to have broader societal implications. They can push asylum seekers into informal or underground situations, making them more vulnerable to exploitation. Communities that traditionally supported asylum seekers may find their resources stretched as people spend longer periods in temporary arrangements. The country’s approach to refugees and asylum was a driving topic in the 2024 presidential election and continues to be controversial, with emotions running high on all sides, for different reasons. If you or someone you love has been caught in the middle, you need help from legal professionals who are on the cutting edge of the law. Contact us today to set up a time for us to talk about your situation.

There are plenty of reasons why an individual would want to move from the area where they lived when they were first divorced. But in Pennsylvania, if your marriage included children and a custody agreement is in place, then relocating with your children will involve navigating specific legal requirements. Pennsylvania’s Child Custody Act governs these cases and defines relocation as a move that significantly impacts the non-relocating parent’s ability to exercise custodial rights. As in all things, the law emphasizes protecting the child’s best interests. If you are considering a move, the first thing you will need to do is provide formal written notice of your intent to relocate to your ex or anyone else who has custodial rights. This notice needs to be sent via certified mail and has to be provided at least 60 days before your proposed move (or within 10 days of learning about the need to relocate). All essential information needs to be provided, including the proposed new address, the reasons for your relocation, and a proposal for revised custody arrangements. Upon receipt, the non-relocating parent or person with custody has 30 days to file an objection with the court. If no such objection is filed within this time frame, the court may grant permission for the relocation without a hearing. If, however, the other party files an objection, a court hearing will be scheduled to evaluate the request. You cannot relocate without court approval unless the non-relocating parent consents to the move in writing. When presented with both the request and the non-relocating parent’s objection, the court will assess several factors to determine whether the relocation is in the child’s best interests. These factors include: The quality of relationships between the child and both parents. The age, needs, and developmental stage of the child. The feasibility of maintaining meaningful contact with the non-relocating parent. The child’s preference, considering their age and maturity. The reason for the relocation and any potential benefits for the child. The impact of the move on the child’s education, social life, and stability. Any history of abuse by either parent. If, upon reviewing each of these elements, the court approves your relocation, your custody order will be modified to reflect the new arrangements. The court will work to balance both your interests and the legitimate interests and rights of your ex-spouse, as well as what is in the child’s best interest. You must follow the letter of the law when it comes to relocating your children following a divorce. Failing to do so can result in penalties ranging from denial of the request to loss of your custody rights. For assistance in pursuing this course of action, contact our experienced attorneys today.

Falls are a leading cause of injury among nursing home residents, often resulting in broken bones, head trauma, or worse. In many cases, these falls are preventable and occur due to neglect. Common Causes of Falls in Nursing Homes Falls may result from: Understaffing : Insufficient supervision leaves residents at greater risk. Hazardous Conditions : Wet floors, poor lighting, or unsteady furniture create dangers. Inadequate Mobility Assistance : Residents who rely on staff for movement can fall if assistance is improperly provided. Recognizing Neglect Signs of neglect include frequent falls, unexplained injuries, or staff reluctance to discuss incidents. If your loved one is injured, act quickly to protect their rights. Taking Legal Action You may be able to file a claim against the nursing home for failing to provide adequate care. Compensation can help cover medical bills, rehabilitation, and pain and suffering. Jensen Bagnato Law is committed to protecting the rights of nursing home residents and holding negligent facilities accountable. Contact us today for compassionate legal support .

Ride-sharing services like Uber and Lyft have revolutionized transportation, but accidents involving these vehicles can leave passengers, pedestrians, or other drivers with serious injuries. Understanding your rights and the insurance coverage at play is critical. Who is Liable in a Ride-Share Accident? Liability depends on several factors, including the ride-share driver’s status at the time of the accident: Not Logged Into the App : The driver’s personal insurance applies. Logged Into the App but No Passenger : Uber and Lyft provide limited liability coverage. Transporting a Passenger : Uber and Lyft carry up to $1 million in liability insurance for active rides. Steps to Take After a Ride-Share Accident Seek medical attention for any injuries, no matter how minor they may seem. Document the scene, including the vehicle’s license plate, driver’s information, and details from the ride-share app. Report the accident to the ride-share company through its app. Consult a lawyer to determine the best course of action. Jensen Bagnato Law specializes in personal injury cases and can help you navigate the complexities of dealing with Uber, Lyft, and insurance companies. Contact us for a free consultation .