Kelly, Parker & Cohen, LLP Kelly, Parker & Cohen, LLP 2026-05-11T06:21:20Z https://www.kpc-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1605022/2021/03/cropped-Favicon-min-32x32.png On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[What happens if you miss a court date in Pennsylvania?]]> https://www.kpc-law.com/?p=49168 2026-05-11T06:21:20Z 2026-05-11T06:21:20Z The penalties of missing a hearing When you fail to appear for a scheduled court date for a criminal case, a judge may issue a bench warrant for your arrest. This warrant authorizes law enforcement to take you into custody, including during a routine traffic stop, at your home or during another interaction with police. Beyond that, the court may revoke any bail or bond you previously posted. That means you could lose the money or collateral you put up, and the county jail might hold you in custody until the next hearing without the option for release. If you are a defendant in a civil lawsuit and fail to respond to the case, the court can enter a default judgment against you. This can allow the other side to obtain relief without your participation, potentially leaving you responsible for damages without having presented your side.

The reason for not appearing

Pennsylvania courts do recognize that emergencies happen. A medical crisis, a family emergency or a natural disaster may qualify as an excused absence if you can provide documentation to support your claim. A verbal explanation, however, might not be enough to satisfy a judge. Filing a motion to vacate a bench warrant or to reschedule a hearing is possible, but the strength of that motion often depends on how legitimate and well-documented your reason is. Courts in Pennsylvania generally expect you to act quickly and provide evidence that your absence was beyond your control.

The steps for moving forward

A missed court date does not automatically mean your case is over. In many situations, you can work with an attorney to file a motion to lift the bench warrant or a petition to open or strike a default judgment. Pennsylvania also provides a favorable 10-day period after a default judgment is entered during which courts generally apply more lenient standards. If you were unaware of the court date or never received proper notice, that can serve as a valid defense. Pennsylvania procedural rules require that parties receive adequate notification, and a failure in that process might work in your favor when requesting relief from the court.]]> On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[What if your marriage ends before green card approval?]]> https://www.kpc-law.com/?p=49164 2026-04-10T08:53:50Z 2026-04-10T08:48:30Z When your marriage ends before your green card receives approval, you may still have options, though timing often plays a key role. In Pennsylvania, the divorce process follows a separate legal track from your immigration case, which can influence how U.S. Citizenship and Immigration Services (USCIS) views your eligibility.

How your case status might shift

If your residency application depends on your spouse, a separation or divorce may place the application at risk. USCIS generally looks at whether you entered the marriage in good faith rather than focusing only on how long it lasted. If you filed as a couple, the agency may ask for more evidence showing that you built a shared life together. If you already hold a conditional green card, the rules may become more specific. A divorce before you remove conditions usually means you must request a waiver of the joint filing requirement instead of submitting a joint petition.

Understanding Pennsylvania divorce timelines

The state of Pennsylvania shapes how quickly your marriage legally ends, which may affect your immigration filings. Under Pennsylvania law, timing often depends on the type of divorce:
  • Mutual consent: You may receive a divorce after a 90 day waiting period once you serve the complaint and both of you file affidavits of consent.
  • Irretrievable breakdown: You may receive a divorce if one party does not consent after you and your spouse live separate and apart for at least one year for separations that begin after Dec. 5, 2016.
Although state court decisions do not directly determine your immigration status, the date on your final divorce decree may affect when you can file certain waivers with USCIS.

Exploring your legal paths

Depending on your situation, you may still qualify for a green card through another route. A waiver or a different immigration category may be available if you can show that you entered the marriage in good faith. Common options often include:
  • A waiver for a good faith marriage that later ended in divorce
  • A waiver based on battery or extreme cruelty under the Violence Against Women Act if you experienced abuse
  • A waiver based on extreme hardship if removal from the United States would create serious difficulties
  • Switching to a work based or humanitarian visa if you meet the requirements
Each option may depend on your circumstances, so reviewing your situation carefully may help you identify a path that could still work for you.

Gathering your supporting evidence

To strengthen your position, you may want to collect records that show your relationship was genuine. Useful documents may include joint bank statements, utility bills, lease agreements or mortgages in both names. You might also organize photos, travel records and messages between you and your spouse to reflect your shared history.

Securing your future status

Immigration rules and Pennsylvania divorce procedures can overlap in complex ways. As a result, your approach may need to account for both federal timelines and state court requirements. Taking time to understand how these systems connect may help you make informed decisions as your family-based immigration evolves.]]> On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[What is a straw purchase and why is it a serious offense?]]> https://www.kpc-law.com/?p=49158 2026-02-27T14:07:44Z 2026-02-27T14:07:44Z Buying a gun for a friend or family member might seem like a small favor. However, Pennsylvania and federal law treat this act as a major crime. A straw purchase occurs when you buy a firearm on behalf of someone else but list yourself as the actual buyer on the paperwork. Even if you do not plan to use the gun for harm, the law still treats this as a serious offense. People use this trick to bypass the background check system.

What counts as a straw purchase?

A straw purchase occurs when the person filling out the legal forms is not the actual buyer. In Pennsylvania, anyone buying a gun from a licensed dealer must pass a background check and complete ATF Form 4473. Question 21a on this form asks if you are the actual buyer. If you answer yes but actually get the gun for another person, you have lied to the government. This rule applies even if the other person can legally own a gun. For example, if a friend asks you to buy them a handgun because they have a criminal record and you put the gun in your name, you have committed a felony. The lie itself creates the crime, not just who ends up with the weapon.

Why is it a serious crime?

Lawmakers treat straw purchases strictly. They often place guns in the hands of people the law bars from owning them, such as convicted felons. Because of this risk, both federal and Pennsylvania lawmakers have created harsh penalties to discourage this conduct.
  • Federal law: Under the Bipartisan Safer Communities Act, a federal straw purchase conviction can lead to 15 years in prison. If someone later uses the gun in a crime, the law can increase that sentence to 25 years.
  • Pennsylvania law: Under the Brad Fox Law, a second straw purchasing offense carries a five-year mandatory minimum prison sentence. You will also lose your right to own a gun forever.
These penalties show how seriously lawmakers view this offense. Even one mistake can lead to long-term consequences.

Why speaking with an attorney can help

Gun laws are complex and the penalties can change your life forever. If authorities investigate you, a defense attorney can review the facts and protect your rights. Getting clear advice early gives you the best chance to handle a serious legal case carefully and responsibly.]]> On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[Could a DUI conviction result in immigration consequences?]]> https://www.kpc-law.com/?p=49156 2026-02-04T00:03:26Z 2026-02-04T00:03:26Z Repeat convictions can prove problematic A misdemeanor criminal conviction may not impact an immigrant’s status, but some misdemeanors can have immigration consequences, especially after repeated offenses. Federal regulatory authorities provide guidance for immigrants regarding criminal convictions that could affect their status. The list of offenses with immigration implications includes violent crimes, crimes of moral turpitude and drug offenses. The list also includes convictions for two or more DUI convictions. Substance abuse challenges are among the statutory bars for immigrants. Repeated DUI convictions are indicative of a habitual issue with alcohol. Any immigrant with two or more DUI convictions could be at risk of removal. They may become ineligible to renew their visa, naturalize to become a citizen or adjust their status to secure a green card. Responding effectively to criminal charges is of the utmost importance for immigrants living in the United States. While a DUI on its own may not affect an immigrant’s status, a first conviction leaves an immigrant particularly vulnerable to removal after a second arrest. Immigrants may need insight into the charges they face to respond in a manner that protects them from removal or deportation proceedings. Successfully fighting a first or second DUI charge can help protect an immigrant’s legal status. Seeking legal guidance is a good way to get started.]]> On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[Who sets the home value when spouses divorce?]]> https://www.kpc-law.com/?p=49155 2026-01-09T20:17:45Z 2026-01-09T20:17:45Z State laws help ensure that both spouses have baseline protection during divorce proceedings. Specifically, the law requires an equitable or fair distribution of marital property. People preparing for divorce need to review their financial records, determine what assets are part of the marital estate and then prepare to negotiate a settlement with one another.  Major assets can easily become a stumbling block during that process. Spouses may disagree about the need to divide those resources. Certain high-value assets, such as the marital home, are often retained by one spouse, while the other receives assets of comparable value or possibly a portion of equity withdrawn when the spouse keeping the home refinances.  The fair market value of the home has a profound impact on the overall distribution of property. The spouse staying in the home may insist that the fair market value for the home is lower than the spouse seeking a payout for their share of equity. Who ultimately decides what valuation is appropriate? 

Judges may settle property disputes

Ideally, spouses can work with one another to compromise on key property division terms. They may need to negotiate about who stays in the home and how they address the equity that the other spouse should receive. They may even need to negotiate regarding the fair market value set for the property.  In cases where the spouses disagree about what the home is worth, they may need to hire an appraiser. Appraisers can help establish a reasonable fair market value given the condition of the home and the sale price for similar properties in the area. In scenarios where spouses may even question the report produced by appraisers, they may choose to each hire their own appraiser. If the appraisal reports return significantly different fair market values, the spouses may agree to split the difference.  If they truly cannot compromise regarding the home value and the division of the equity accrued in the house, then the matter may require a judge's review. Family law judges can decide who retains possession of the home and how to balance home equity with other property division terms. They can settle disputes about the value of the home by reviewing appraisal reports or documentation from real estate professionals.  Ensuring an appropriate valuation for major marital assets is critical for an equitable property division outcome. Spouses facing disputes about asset valuation may need help developing their positions for property division litigation.]]> On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[What happens if an immigrant fails their naturalization test?]]> https://www.kpc-law.com/?p=49154 2025-12-08T14:10:24Z 2025-12-08T14:10:24Z A retake is available Every immigrant pursuing naturalized citizenship can request a retake. If they fail the initial test during their naturalization interview, they can request an opportunity to take the test(s) again. Usually, the retake occurs between 60 and 90 days after the first attempt. Immigrants who pass their retake tests can move forward with the naturalization process, including the final oath-taking.

What if they fail the retake?

Those struggling with the English language or the Civics test requirement might fail even when they take a second test. If a retake is unsuccessful, there are no major consequences for the immigrant. Failing the test does not affect their current visa or green card. It also has no effect on their future naturalization eligibility. They can potentially reapply as many times as they must to pass the naturalization test. They do have to pay the fee for the naturalization application every time they reapply to attempt the test again. It is therefore beneficial for people to prepare carefully to increase their chances of passing on the first attempt. Partnering with an attorney makes it easier to understand the naturalization process and prepare for the test. Immigrants who worry about testing may sometimes even be eligible for accommodations or exemptions. Reviewing personal circumstances with an immigration attorney can help people prepare for naturalization testing as effectively as possible.]]> On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[Is a city liable when a “short yellow” leads to a major crash?]]> https://www.kpc-law.com/?p=49153 2025-11-13T00:38:24Z 2025-11-13T00:38:24Z When a traffic light’s yellow signal is too short, it can create dangerous conditions that may lead to serious accidents. Drivers may find themselves caught between braking abruptly or entering an intersection as the light turns red—both scenarios that increase the risk of rear-end and side-impact collisions.  In cases wherein a crash occurs because of an improperly or otherwise unreasonably timed yellow light, a government entity responsible for overseeing its operations may potentially be held liable for resulting harm. The circumstances at issue, and whether negligence on the part of that government entity can be proven, tend to significantly impact the legal outcome of such situations. 

Stop? Go? Slow down how fast?

Cities and municipalities have a legal duty to maintain safe roadways, including properly functioning traffic signals. The timing of traffic lights is typically determined by traffic engineers who follow guidelines set by the Manual on Uniform Traffic Control Devices (MUTCD). These standards recommend yellow light durations based on factors such as the speed limit at issue, intersection size and average stopping distance. When a city fails to follow these guidelines—or ignores reports of dangerous signal timing—it can potentially be held responsible for resulting accidents. With that being said, proving municipal liability is rarely straightforward. Government entities often enjoy broad protections as a result of sovereign immunity laws, which limit when they can be sued. To succeed in a claim, an injured person must show that a city’s negligence directly caused a crash—for example, by demonstrating that the yellow light in question was set shorter than safety standards require and that this defect contributed to their collision.  Ultimately, in a crash scenario, if the city knew, or should have known, that the yellow light timing was unsafe and failed to correct it, that inaction will strengthen a negligence claim. On the other hand, if the city was unaware of the issue, liability may be harder to prove. While holding a city accountable is a complex undertaking, it is potentially possible when negligence leads to unsafe road conditions and harm results. Ideally, pursuing a claim can not only secure compensation for victims but also encourage safer traffic practices for everyone. ]]> On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[Gen Z divorces tend to feature distinct concerns]]> https://www.kpc-law.com/?p=49151 2025-10-14T21:34:53Z 2025-10-14T21:34:53Z Divorce looks different for every generation, and Gen Z spouses are already shaping the process in unique ways. As the first generation to grow up entirely in the digital era, many Gen Z couples approach marriage and divorce with different priorities, values and expectations than their parents did.  Their divorces tend to focus less on traditional disputes and more on efficiency, privacy and emotional wellness. Above all, Gen Z wants the process to be resolved quickly so they can move forward without prolonged stress.

Pursuing a streamlined process

One of the most distinct characteristics of Gen Z divorces is an emphasis on speed and simplicity. Many young couples are choosing mediation or collaborative divorce over drawn-out litigation. They want to avoid the emotional and financial toll of courtroom battles, preferring resolution methods that are faster, more affordable and less adversarial. Technology often features as well—Gen Z is comfortable using digital communication tools for document sharing, scheduling and even virtual hearings, which helps them streamline the process. Financial concerns in Gen Z divorces also tend to differ from those of older generations. Because many are still establishing their careers, they may not yet have significant assets, retirement accounts and real estate to divide. Instead, disputes often center on shared debts such as student loans or credit cards. Prenuptial and postnuptial agreements are also becoming more common among younger couples, not because of wealth but because of a desire for transparency and fairness if things don’t work out. Gen Z is also more intuitively aware of how online activity can affect reputation and privacy during divorce. Many choose to keep their divorce off social platforms entirely, understanding how easily personal details can spread or be misinterpreted. Others struggle with the emotional temptation to vent online, not realizing that posts can later be used as evidence in custody or property disputes. For Gen Z, divorce is not necessarily a failure but a transition. They generally value closure, autonomy and emotional well-being over conflict. Working with a skilled legal team that understands their priorities—efficiency, clarity and privacy—can make a significant difference. By keeping the process focused and respectful, Gen Z spouses can achieve what they want most: a clean break and the freedom to move confidently into their next chapter.]]> On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[What happens to employment visas after job loss?]]> https://www.kpc-law.com/?p=49149 2025-09-10T13:01:36Z 2025-09-10T13:01:36Z Immigrants have time to look for new jobs Generally speaking, current visa holders who suddenly lose their jobs have protection from immediate loss of their immigration status. The United States Citizenship and Immigration Services (USCIS) offers a grace period to professionals with numerous different visas. That grace period gives a professional who loses their job up to 60 days to find a new position. Typically, professionals who are eligible for competitive employment visas have skills that many other employers might find valuable as well. The USCIS recognizes that professionals with experience or degrees can be beneficial for the domestic economy. So long as an immigrant can locate a new position with a different company within 60 days of losing the job that resulted in a visa, it is usually possible to pursue an updated visa with the new employer and remain in the country. Sometimes, immigrants who lose their jobs may be eligible for other forms of immigration protection as well. Sitting down to discuss the implications of a job loss with a skilled legal team as soon as possible can help immigrants avoid potentially devastating setbacks. Those with employment visas generally need to maintain their positions or be ready to pursue new opportunities rapidly if they want to remain in the country after an unexpected termination.]]> On Behalf of Kelly, Parker & Cohen, LLP <![CDATA[How car crashes cause brain injuries]]> https://www.kpc-law.com/?p=49148 2025-08-19T23:07:17Z 2025-08-19T23:07:17Z Motor vehicle collisions can potentially cause a variety of serious injuries. Some injuries have the potential to be far more devastating than others. While some traumatic injuries respond well to medical treatment, others may produce permanent functional limitations and painful symptoms.  Despite advances in modern medicine, catastrophic car crash injuries can cause a lifetime of medical complications and significant expenses. Traumatic brain injuries (TBIs) are often near the top of the list of the most devastating collision injuries possible.  TBIs can cause a number of different problematic symptoms and can drastically affect people's finances by reducing their income and increasing their medical expenses. How do people injure their brains when collisions occur? 

Through blunt force trauma

Many collisions lead to people hitting their heads as the vehicle abruptly stops. They might strike their head on the steering column or on the window of the vehicle.  Blunt force trauma can cause swelling or bleeding inside of the skull that slowly worsens as time passes. The skull can cause injuries, as there is no place for swollen tissue or blood. Whenever people hit their heads, the potential exists for them to develop a TBI. 

Through violent motions

During a car crash, vehicles may roll over or spin in circles. Those motions can shake the brain around inside the skull, which can cause bleeding and inflammation of the brain. The more aggressive vehicle motions are during a collision, the greater the likelihood of people hurting their brains, possibly without realizing it. 

Through penetrating injuries

Glass and other shrapnel may fly through the air when a collision occurs. The force propelling those flying objects can potentially penetrate the skull, possibly while leaving a relatively small injury on the surface. People sometimes fail to consider that cuts and scrapes on their face or scalp could hide a much more serious injury underneath.  There are other potential sources of brain injuries in a car crash scenario, such as the percussive force of an explosion or oxygen deprivation caused by extended smoke inhalation. Unlike many other types of injuries, TBIs do not always respond to medical interventions. People may have permanent changes to their health and functional capabilities that affect their independent living and work.  Seeking adequate compensation for car crash injuries can help people limit their long-term losses. People who have injured brains may need help estimating the economic impact of their injuries and pursuing justice from the right party.]]>