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      State Law & Immigration Status

      Changing State While a Case Is Before a Judge

      Immigration court proceedings are calendared at a specific court, and a respondent who relocates must ask that court to transfer the case. The request is a motion to change venue, decided on factors including the respondent's residence, the location of witnesses and evidence, administrative convenience and the interests of justice. It is not automatic, it is not granted by notifying the court of a new address, and until it is granted the hearing stands.

      7 min readFederal law

      State Law & Immigration Status

      Children Covered When Parents Are Not

      Public benefit programs assess two things separately. Financial eligibility is measured against household income and size, so the whole family is counted. Categorical eligibility, including immigration status, is assessed for the individual seeking the benefit. A citizen child living with parents who are ineligible remains eligible, and the parents' status is not a bar.

      7 min readState law

      Estates in Two States

      Community Property Brought Into a Common Law State

      Nine states treat most property acquired during marriage as owned equally by both spouses. When a couple moves to a common law state, assets acquired while domiciled in the community property state generally retain their community character, and most receiving states recognize that character for purposes of division and inheritance. Several states have adopted uniform legislation on the disposition of community property at death.

      7 min readAcross state lines

      Tax Residency & Nexus

      Credit for Tax Paid to Another State

      A state taxing its residents on worldwide income generally allows a credit for income tax paid to another state on income sourced there. The credit is limited to the lesser of the tax actually paid and the amount the resident state would have charged on the same income, so a taxpayer effectively pays the higher of the two rates.

      7 min readAcross state lines

      Estates in Two States

      Creditor Claims Presented in Two States

      Where an estate is administered in a domiciliary proceeding and an ancillary one, each proceeding runs its own creditor process against the assets it controls. Notice requirements, claim periods and the consequences of missing them are set by each state separately, and a claim barred in one may still be timely in the other. Local creditors are generally paid from local assets before any surplus is remitted to the domiciliary estate.

      7 min readAcross state lines

      State Law & Immigration Status

      Crossing a State Line With a Filing in Progress

      Moving during a pending immigration filing does not alter eligibility, does not restart the application and does not require it to be refiled. What it changes is administration: jurisdiction over the file may transfer to a different office, the interview will be scheduled at a different location, the queue at the receiving office may be longer or shorter than the one left behind, and every notice depends on an address obligation with a ten-day deadline.

      7 min readFederal law

      Working in Two States

      Daily Overtime Against Weekly Overtime

      Federal law requires premium pay for hours worked beyond forty in a workweek and says nothing about how those hours are distributed. A minority of states add a daily threshold, requiring premium pay beyond eight hours in a day and in some cases double time beyond twelve, and a few require premium pay for a seventh consecutive day of work. Where both a daily and a weekly rule apply, hours are not counted twice: the employee receives the greater entitlement.

      6 min readAcross state lines

      Which State's Law Applies

      Damages Caps That Differ Between Two States

      Limits on non-economic damages, statutory ceilings in particular categories of claim and restrictions on punitive awards are characterized as substantive in most analyses, which means they are supplied by the state whose law governs rather than by the forum. Courts have generally applied another state's cap even where the forum has none, treating the difference as an ordinary policy choice rather than as an affront.

      7 min readAcross state lines

      Residence & Domicile

      Declarations of Domicile and What They Are Worth

      Several states provide for a sworn declaration of domicile, filed with a county office and recorded. The document states that the signer is a resident of the county and intends it to be their permanent home, and it becomes a dated public record. Its value is corroborative: it fixes a date, it demonstrates deliberateness, and it is inexpensive.

      7 min readState law

      Custody & Support Across States

      Direct Income Withholding Sent to Another State

      An income withholding order issued in one state may be sent directly to an employer in another, which must treat it as though issued locally. No registration and no second proceeding are required. The employer applies its own state's law to mechanical questions — payment timing, the fee it may retain, the maximum proportion of pay and priority among competing orders — and the issuing state's law to what is actually owed.

      7 min readAcross state lines

      License Portability & Compacts

      Discipline in One State and the Report to Every Other

      Boards report adverse licensure actions to national databanks and, for compact professions, to the compact data system. Other states query those systems at licensure, at renewal and when a privilege is exercised. Many states operate reciprocal discipline provisions allowing action based on another state's finding without relitigating the facts, so a practitioner may face proceedings in several states arising from one event.

      6 min readAcross state lines

      Federal or State Court

      Diversity of Citizenship Explained

      Diversity jurisdiction allows a federal court to hear a claim arising under state law where the parties are citizens of different states and the amount in controversy exceeds the statutory threshold. Diversity must be complete: no plaintiff may share citizenship with any defendant. Citizenship for an individual means domicile; for a corporation it means both the state of incorporation and the state of its principal place of business.

      7 min readFederal law