Attorneys at Law
Stephen Terpak, partner
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Stephen M. Terpak practices personal injury, civil litigation, federal civil appeals and traffic law. Mr. Terpak regularly handles civil claims against some of the most powerful corporations, governments, and insurance companies in the world. Mr. Terpak focuses on service and results for each client. sterpak@terpaklaw.com.
Reported Case: Ignacio v. US, __ F.3d __ (4th Cir. 2012).
Virginia Personal Injury Statute of Limitations
Virginia Code § 8.01-243(A): Personal injury actions must be brought within 2 years after the cause of action accrues. This is a general rule that can change depending on the case.
Virginia Property Damage Statute of Limitations
Virginia Code § 8.01-243(B): Property damage claims must be brought within 5 years after the accident.
Virginia Mandatory Uninsured Motorist Coverage
Virginia Code § 38.2-2206: Virginia requires that every auto insurance policy protect the policy holder from injuries caused by an uninsured driver. If you have Virginia auto insurance, you are automatically protected from the negligence of an uninsured driver.
Virginia Anti-Subrogation Rule
Virginia Code § 38.2-3405: Health insurance companies in Virginia generally cannot request to be paid back after a personal injury settlement. You can receive personal injury money in addition to health insurance benefits in Virginia.
Virginia Reckless Driving Includes:
Va. Code § 46.2-829: passing a moving emergency vehicle with lights and sirens
Va. Code § 46.2-852: driving in a manner likely to endanger life, limb or property
Va. Code § 46.2-853: driving out of control or with faulty brakes
Va. Code § 46.2-854: passing at crest of hill or at a curve
Va. Code § 46.2-855: overloaded vehicle obstructing driver's view
Va. Code § 46.2-859: passing a school bus stopped to load or unload children
Va. Code § 46.2-861: exceeding reasonable speed under circumstances or conditions, regardless of speed limit
Va. Code § 46.2-862: driving over 80 or 20 mph over the speed limit
Reckless Driving Attorney
Arlington and Fairfax County Police write many reckless driving tickets. We have been fighting Arlington Traffic Tickets and Fairfax Traffic Tickets for over 12 years. If you have a Northern Virginia Traffic Ticket and are wondering whether you need a Traffic Attorney, call Terpak & Shakil for a free case evaluation.
Virginia Accident Attorney
In 2000, Stephen Terpak began handling personal injury and wrongful death cases in Northern Virginia. He has taken injury cases to trial in Arlington, Fairfax, Loudoun, Alexandria, and Prince William County. He has successfully handled complex liability cases against fortune 500 companies and large government entities. Mr. Terpak has helped hundreds of people work through the injury claim process from beginning to end. Mr. Terpak offers free consultations to prospective personal injury clients.
Are Personal Injury and Property Damage Claims Separate?
Yes! Personal injury and property damage claims may be pursued separately, and settled separately. Virginia Supreme Court Rule 1:6(c). A person may settle a property damage claim and then proceed to recover for personal injuries, but please seek legal advice before signing a release of claims.
Our Northern Virginia Location:
943 S. George Mason Drive, Suite 200
Arlington, VA 22204
Office: 703.933.0266
Emergencies, after hours, or weekends:
703.898.6328
Moona Shakil Ali, partner
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Moona Shakil Ali is a northern Virginia immigration attorney handling corporate and family immigration. Although she focuses her efforts on securing visas for corporations and skilled professionals, she also handles family immigration matters, helping US citizens bring spouses and family members to the US from around the world. Ms. Shakil Ali has commented on immigration issues for television news and served as a panelist for legal training seminars. Ms. Shakil Ali has over a decade of experience in immigration law. mshakil@terpaklaw.com.
Immigration Through Employment
We handle employment visas and residency for engineers, professionals and all other eligible workers. We represent both employers and employees for corporate visa petitions, including Form I-140, Form I-485, H-1b visa, L visa, PERM and employment based green cards. We secure visas for essential employees and ensure regulatory compliance for corporate employers.
PERM
The first step to receiving permanent residency (green card) through employment is obtaining a permanent labor certification issued by the Department of Labor (DOL). PERM is the process by which an employer files for the labor certificate (Form 9089). After the labor certification application is approved, the employer may file for the employee’s immigrant visa / permanent residency (green card) with USCIS. We have been using the PERM process since the day it was introduced.
Department of Labor
The Department of Labor reviews the recruitment process of businesses who have requested a permanent labor certification through PERM. With proper preparation, DOL audits of the recruitment process may be completely avoided or quickly resolved.
Family Based Immigration
We handle all types of family based immigration and visa petitions including the I-130, I-485, K3, K1 (fiancé visa) and family based green cards. Call for information about the National Visa Center, the I-864 (affidavit of support) and the DS-230 (Application for Immigrant Visa and Alien Registration).
US Citizenship, Naturalization
Our Northern Virginia Immigration Attorneys handle US citizenship and naturalization cases and is familiar with Form N-400 and related regulations and court rulings.
Self-Sponsored Immigration
We handle asylum claims, investment visas (E2 visa, EB-5 visa), and VAWA petitions (Violence against Women's Act) (Form I-360).
Work Permit (I-765)
An important immigration benefit is the work permit (I-765). We determine whether an employee is eligible for a work permit or whether he or she is authorized to work in the United States. Northern Virginia Immigration Lawyer Moona Shakil Ali has extensive experience obtaining work permits for her clients and is familiar with Form I-765 and the related regulations and court rulings.
Travel Document (I-131)
Some immigrants who have filed a valid immigration petition with USCIS are not permitted to travel outside of the United States. Other times, an immigrant may travel outside of the US with a “Travel Document” or Form I-131. Immigration Attorney Moona Shakil Ali frequently secures the necessary travel documents for her clients and determines whether a obtaining a travel document is necessary or prudent.
Conditional Greencard / Removing the Conditions on a Greencard
Some permanent residency or green cards are called “conditional green cards.” A conditional green card may be awarded by the USCIS to the spouse of a US citizen and will be valid for two years. Once this time period has passed, and if the USCIS is satisfied that the marriage was entered into in good faith, the couple may file a Petition to Remove Conditions on Permanent Residence (Form I-751). Immigration Lawyer Moona Shakil Ali has assisted many couples with removing the conditions on a conditional green card.
Results for new cases will vary, depending on the facts of each case. Past performance does not guarantee future results. However, here are a few of our Recent Success Stories:
April 27, 2012: Arlington, VA Traffic: Charge for passing a stopped school bus dismissed at trial.
April 17, 2012: Immigration: Civil Engineer H1b approved
March 26, 2012: Fairfax Traffic: Driving on suspended misdemeanor charge dropped by prosecutor
March 21, 2012: Immigration: Development Specialist: EB2 Green Card Approved
March 19, 2012: Arlington VA Reckless Driving: Misdemeanor reduced to simple traffic infraction
March 16, 2012: Federal Civil Appeals, Federal Tort Claims Act: Favorable ruling by published opinion: Ignacio v. US, __ F.3d __ (4th Cir. 2012)
March 6, 2012: Fairfax Reckless Driving Misdemeanor reduced to speeding, 1-9 mph
February 28, 2012: Fairfax Reckless Driving Misdemeanor reduced to improper driving before trial
February 10, 2012: Arlington Failure to Obey a Highway Sign: Charge dismissed by Judge at trial
February 9, 2012: Fairfax Reckless Driving: Misdemeanor reckless driving reduced to speeding
January 31, 2012: Arlington Reckless Driving: Misdemeanor reckless driving charge for passing a school bus reduced to traffic infraction
January 30, 2012: Car Accident: Alexandria, Virginia resident receives $25,000 settlement for personal injury from three car accident
January 5, 2012: Fairfax Personal Injury: $53,000 settlement for pedestrian struck by car in parking lot after claim denied and lawsuit filed
December 20, 2011: Fairfax Traffic: Reckless driving misdemeanor reduced to speeding infraction
December 13, 2011: Arlington Traffic: Reckless driving charge reduced to traffic infraction
December 8, 2011: Falls Church Accident: $13,750 settlement in traffic accident case
November 3, 2011:Alexandria Traffic: Misdemeanor Driving on Suspended charge dropped
October 11, 2011: Immigration: Technical Project Manager: Intracompany Transfer L-1A Visa Approved
October 7, 2011: Fairfax Personal Injury: $17,000 settlement in traffic accident case
October 6, 2011: Immigration: Senior Telecommunication Engineer: H1-b Visa Approved
October 3, 2011: Arlington Traffic: Misdemeanor traffic ticket for violating the terms of a restricted license dismissed at trial
September 25, 2011: Immigration: Computer Programmer: Category EB3 Green Card Approved
September 1, 2011: Immigration: Computer Systems Analyst: Category EB2 Green Card Approved
August 22, 2011: Immigration: Peace Educator: Category EB2 Green Card Approved
August 22, 2011: Federal Traffic: Federal Traffic ticket dismissed by Federal Magistrate Judge at trial
July 22, 2011: Fairfax Civil Litigation: Possession of apartment granted to landlord in trash hoarding case after trial in Fairfax General District Court
Results for new cases will vary, depending on the facts of each case. Past performance does not guarantee future results.
News Briefs
Northern Virginia Immigration Attorney Moona Shakil Ali on ABC 7 News:
Virginia's top prosecutor says police in Virginia have the authority to ask for proof of citizenship from anyone stopped for even minor infractions, including jay-walking or parking violations.
Northern Virginia attorney Moona Shakil Ali specializes in immigration law and thinks the new Virginia opinion, like the Arizona law, could also be overturned in court. But for now she worries it will have a chilling effect on any illegal immigrants working with law enforcement.
The National Council of La Raza told ABC 7 that they believe it is simply politics as usual. They said that the Virginia ruling will only lead to racial profiling and not a workable solution to the immigration problem.
(Full Story)2013 H-1B Season Starts:
On April 2, 2012, USCIS began accepting H-1B cap subject filings. If you are an employer looking to hire a foreign worker subject to the H-1B cap, or if you are a foreign national wishing to have an employer file the petition, now is the time to prepare petitions for submission. There are only 65,000 visas available under the cap. File early to avoid problems with the cap. Contact Terpak & Shakil for help from start to finish.
Update: As of April 13, 2012, USCIS received approximately 20,600 H-1B cap-subject petitions. Additionally, USCIS has issued receipts for 9,700 H-1B petitions for aliens with advanced degrees.
Virginia Indictment for Impersonating ICE
April 14, 2012: A woman represented to victims that she was an Immigration Enforcement employee with special access to permanent legal status applications and influence over the application approval process, according to the indictment.
When victims contacted her after their immigration documents failed to show up, she would often threaten to call ICE and have them deported if they didn't stop bothering her, the indictment stated.
Source: washingtonexaminer.com
US Relaxes Waiver Rules:
January 6, 2012: Illegal immigrants who are married to or are children of US citizens are generally allowed to become legal residents, but those who did not initially enter the US with a visa to must return home first. Once those immigrants leave the US, they are automatically barred from returning for at least 3 years, and often for 10. Now, the administration proposes a rule change to allow such immigrants to obtain a provisional waiver in the US before they leave, meaning they would almost certainly be able to return to the US.
Source: nytimes.com
Valid Work Permit Not Enough for Driver's License In Virginia
April 15, 2011. The Virginia DMV will no longer accept a federal work permit as proof of legal status in the United States for the purpose of renewing a drivers license. Work Permits are frequently issued to immigrants whose immigration cases are pending, or are deportable, but have been granted temporary permission to remain in the country for various reasons.
Source: Shankar Vedantam; Washington Post
Other Recent Developments:
February 20, 2012: Effects of Alabama Immigration Law. Federal courts blocked part of the law, including the immigration checks at schools. But unlike judges in other states who have stopped police from checking immigration status during routine stops, the U.S. District Judge in Birmingham allowed the police enforcement provision to stand. A University of Alabama study found that the law could cost Alabama over $10 billion per year — a combination of losing thousands of illegal immigrants who earn and spend money in the state, lost tax revenue, and the costs of enforcement. Schools may not check the immigration status of new students, but some parents are keeping their children home anyway.
Source: usatoday.com
March 29, 2011: The federal government says applications for immigration benefits for same-sex couples will no longer be automatically denied but instead will be put on hold pending legal advice following the Obama administration's decision to stop defending the law that prohibits federal recognition of a gay marriages that is legal in a state.
Source: Associated Press, A. Caldwell
February 28, 2011: New Traffic Law in Virginia: Emergency vehicles are now required to stop or sound a siren before driving past signals at intersections. Virginia traffic law never allowed emergency vehicles to break traffic laws unless they were using lights and sirens, and this new law seems to strengthen the mandate for safety at intersections.
States May Penalize Businesses for Immigration Violations:
May 26, 2011: The US Supreme Court says states may require employers to verify the eligibility of workers through a federal database and may penalize businesses caught violating immigration laws.
Source: AP
June 9, 2011: A fresh review of census numbers is pointing to a dramatic shift in the skill level of America's immigrant workforce. It shows that among both temporary and permanent immigrants, highly skilled workers now outnumber lower-skilled ones.
Source: marketplace.publicradio.org
February 23, 2011: The US Supreme Court has made two important personal injury rulings this year describing whether federal law can stop or “preempt” personal injury lawsuits brought under state law. In the first case, the Court unanimously held that compliance with federal seatbelt regulations doesent shield an auto manufacturer from state court personal injury lawsuits claiming the manufacturer should have installed a safer belt. In the second case, the Court ruled that federal law shields vaccine makers from state court personal injury lawsuits seeking damages for injuries caused by a vaccine in the face of a process congress set up to specifically compensate victims of vaccine related injuries.
February 7, 2011: A Loudoun County General District Court Judge has reopened another criminal case for an immigrant seeking a small reduction in a 1 year suspended jail sentence even though Virginia's highest court said that such cases could not be reopened in Virginia. A recent US Supreme Court case says that an immigrant must be told of immigration consequences of a guilty plea by his criminal lawyer. There is clearly a dispute brewing in Virginia courts over the proper remedy for an immigrant who had ineffective counsel in a criminal case.