(703) 369-4738

3
Jan
2023

Rethinking zoning

By Martin Crim, Esq.

Here’s an interview of author Nolan Gray about rethinking zoning. A couple quick take-aways:

  • “Cancel zoning” is an overstatement; Gray argues for looser zoning, primarily around residential density
  • Houston provides an example showing that you can still make a hash out of land use even without zoning

Martin Crim is a shareholder at Vanderpool, Frostick & Nishanian, and has been practicing law for over thirty years, primarily for cities, towns, and other local governments. If you have additional questions or concerns, contact Martin Crim at mcrim@vfnlaw.com or call us at 703-36-4738.


This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer

3
Jan
2023

Banning Foreign Home Buyers

By Martin Crim, Esq.

At common law, foreigners couldn’t own real estate but most countries have loosened that restriction. New Zealand has a ban on foreign home buyers and Canada just adopted a two-year ban on most foreigners buying houses. A couple quick thoughts:

  • A $10,000 (Canadian) fine on conviction is not much of a deterrent.
  • I like the idea of taxing vacant houses but it would need robust enforcement to be effective.
  • An exemption for “recreational” property undercuts the rule’s effectiveness severely.
  • An anti-flipping tax is a bad idea because it deters rehabilitating unlivable houses.
  • An extra tax on foreign purchasers is quite reasonable and could produce revenue to put toward housing availability.

Martin Crim is a shareholder at Vanderpool, Frostick & Nishanian, and has been practicing law for over thirty years, primarily for cities, towns, and other local governments. If you have additional questions or concerns, contact Martin Crim at mcrim@vfnlaw.com or call us at 703-36-4738.


This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer

19
Dec
2022

2022 Legal Elite

Vanderpool, Frostick & Nishanian, P.C. is honored and proud to announce that 11 of its attorneys have been selected by the Virginia Business Magazine as 2022 Legal Elite. Virginia Business Magazine recognizes each year the leading attorneys in Virginia by practice area. We congratulate our selected attorneys for their great achievement.

V. Rick Nishanian
V. Rick Nishanian
Kristina Keech Spitler
Kristina Keech Spitler
Martin Crim
Martin Crim
Michael R. Vanderpool
Michael R. Vanderpool
Randolph D. Frostick
Randolph D. Frostick
Lisa Shea
Robert Zelnick
Christopher Collins
Christopher Collins
Olaun Simmons
Olaun Simmons
Tyler Blaser, Associate
Tyler Blaser
Monica Munin, Associate
Monica Munin
26
Oct
2022

We’re Hiring!

Vanderpool, Frostick & Nishanian, P.C., an AV-rated firm located in Manassas, Virginia, is recruiting for an associate in its growing local government practice. This is a new position to serve cities, towns, Industrial Development Authorities, and other local government entities. Practice areas include zoning, economic development, property code enforcement, procurement, construction law, eminent domain, FOIA, employment law, social services, prosecution, and general civil litigation.

The immigration law practice group (formerly Immigrants First, PLLC) of Vanderpool Frostick & Nishanian, PC (VFN), is a recognized and award-winning team of immigration lawyers with over 25 years of experience in immigration law.  Immigrants First, PLLC merged with Vanderpool Frostick & Nishanian, PC over a year ago to provide full-service legal representation to its immigration clients who may have needs in other areas such as civil and criminal litigation, corporate, real estate, finance, and employment law.  VFN is an 35-year established law firm in the Virginia and Washington, DC area with an excellent reputation and preeminate lawyers in their fields.

The immigration law practice group of VFN handles a diverse range of clients from asylees fleeing violence and family-based petitions to employer-sponsorship of outstanding professionals.  Most of our clients are referrals based upon our excellent legal representation. Our particular areas of experitise are in humanitarian and removal-based cases, advising on immigration consequences of crimes, appellate work, waivers, and SIJS.  We have a very high success rate due to our thorough and holistic case representation approach, and we are zealous advocates for our clients.  We are active in the community and provide excellent opportunities for professional growth through training, networking, pro bono, and speaking opportunities.

To read more, please visit careers!

To apply, please contact Kelly Gates at kgates@vfnlaw.com


This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer

17
Oct
2022

The Joy of Bylaws

By Martin Crim, Esq.

Do your organization’s bylaws leave you joyless? Do they lead to arguments that waste time and fray tempers? Do they leave unanswered questions or fail to address recurring situations? Or maybe you’ve been intimidated by your bylaws and wonder how to understand them.

Robert’s Rules of Order, Newly Revised, is the gold standard for running a meeting, but it is primarily geared toward large assemblies. However, the new 12th edition has specific rules for small groups, which every small group should consider adopting. The 12th edition also contains a draft set of bylaws that at least provide a starting point for drafting.

The first few years I worked with Robert’s Rules and organizational bylaws, I struggled to make sense of them, but once you understand the underlying principles, they make sense: Regard for the rights of the majority, the minority, individual members, absentees, and all of these together.

Although no set of bylaws can address every potential problem, there are some recurring issues that your bylaws should address. Here’s a checklist of some questions that I use when drafting or reviewing bylaws:

  • What’s the source of the body’s authority?
  • Who gets to interpret the bylaws, and how?
  • Who prepares the agenda, and how can the body amend it?
  • What’s the requirement for a quorum? What if there are vacancies?
  • How and when are officers elected?
  • How does the organization delegate responsibility to individual officers?
  • If it’s a small body, how do you want to modify Robert’s Rules of Order (or one of its alternatives) to streamline the process?
  • Do you have a method for rescheduling meetings?
  • Do you allow remote participation? If so, under what circumstances?
  • Who is responsible for keeping minutes and other records?

It is helpful to know the history and culture of a body when drafting or revising bylaws. Some bodies need to put time limits on individual speakers, for example, but most do not. Some bodies need to address the seating arrangements of the members. Religious organizations, clubs, elected bodies, and political parties have different needs and priorities.

When first sitting down to read a set of bylaws, you do not have to read it straight through like a novel. Instead, you can look at the headings, and read carefully only the parts that are causing you problems. For instance, if you think the chair is stifling discussion, read the parts about how a matter is placed on the agenda, how to be recognized by the chair, how often each member gets to speak, and what to do if the chair fails to call upon you when you’re entitled to address the group. If you are the chair and a member is disrupting meetings on the regular, review the parts that address debate, the authority of the chair to control the meeting, and how to call out a disruptive member. That may lead you to Robert’s Rules or whatever alternative rules your body has adopted for situations not covered by the bylaws.

If a question comes up about the legality of a group action, then that’s not a question that can be answered just by reference to the bylaws. That’s a question for legal counsel. Knowing where that line falls can be difficult to determine.

If you or your organization are having trouble with bylaws, you should consult with an experienced parliamentarian. If the problem is of a legal nature, the parliamentarian you consult should be an attorney with knowledge of the field.

Based on my experience with different kinds of organizations (elected, appointed, and voluntary), I’m comfortable with bylaw drafting, amendment, and interpretation. Please reach out if you think I can help your organization run more smoothly. We may even discover some joy along the way.

Martin Crim is a shareholder at Vanderpool, Frostick & Nishanian, and has been practicing law for over thirty years, primarily for cities, towns, and other local governments. If you have additional questions or concerns, contact Martin Crim at mcrim@vfnlaw.com or call us at 703-36-4738.


This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer

9
Aug
2022

DON’T BE FOOLED!: HOW TO BE A WISE CLIENT FOR AN IMMIGRATION CONSULTATION

Written By Lisa Shea, Esq.

These days, there are many immigration lawyers and notarios promising immigrants that they will have an opportunity to get a green card without even thoroughly analyzing the facts of their case.  They will simply say, “Yeah, no problem, I can get you a green card.” 

Although it is wonderful to hear that you could qualify for a green card, if you actually qualify for it, it is not wonderful if someone tells you they can get you a green card just to take your money and for you to later learn that you don’t qualify. 

Immigration law is extremely complex and changes all the time.  In order for a lawyer to assess what kind of case you have, and the relief you could qualify for, a thorough consultation is needed.  Many lawyers will give you a free 10 or 20-minute consultation, but that is not enough time for you to ask questions, give the lawyer enough facts about your case, or receive a thorough analysis of your situation before you spend thousands of dollars and risk your entire immigration case. 

Making a decision about your immigration case is one of the most important decisions you will ever make.  It could dictate whether you are allowed to stay in the United States; whether you will be granted legal status; and whether you spend thousands of dollars for the good of your case or are just wasting your money. 

WATCH FOR FRAUD:

Recently, I spoke with a client that had one of these free consults from a well-known social media attorney.  When the client called the lawyer, he was directed to a foreign-qualified lawyer who did not know American law well.  The person my client spoke with did not ask important questions that would have dramatically changed the legal advice from the client qualifying to do a waiver and consular processing to being permanently barred from immigration relief.  Even without all the needed information, he announced that my client qualified and that the cost would be several thousand dollars.  It was when my client sought a second opinion that he discovered that it was not so straightforward; his case might have some inadmissibility grounds that are more complicated than the lawyer explained to him, such as criminal records, smuggling, and multiple re-entries.

Another gimmick lawyers use is to advertise that they have an office in the city where you live but they really don’t.  They pay for advertising to make it look like they are local, but they are actually in another city or even state.  And, while it is not essential that your lawyer be local if that is what you are looking for, you have the right to know whether you will be able to have in-person contact with your lawyer. In other words, a lawyer should be clear on their website where they are located.

WHAT TO LOOK FOR IN A CONSULTATION TO FIND A QUALITY LAWYER:

If you are looking for quality legal advice, you should expect to pay a reasonable fee for a consultation.  Ask friends and family for a referral and check out the background of the lawyer. For example, you should find out if there are any bar complaints against the lawyer.  During a paid consultation, the lawyer should thoroughly screen your immigration background and that of any family members who could impact your own immigration status.  Take any immigration and criminal documents you have to the consultation.  If you or your family member(s) have an A-number or alien number, make sure you take it with you. Any options for relief should be explained and you should be given an opportunity to ask questions about your future case.  Ask the lawyer if he/she has experience in the kind of case you have and what the costs will be.  Make sure your lawyer provides you with a written engagement agreement explaining the case and the fees.  Your lawyer may need to do a freedom of information act (FOIA) request to get further information about your case before making a final plan of action.

Upon hiring the lawyer, stay in contact with him/her to ensure that you are meeting important deadlines and providing the information needed to do the case.  Working with a lawyer on your immigration case is a team effort.  The lawyer has obligations, and so do you.  Your lawyer needs to use his/her best legal expertise to put together a thorough and timely case based on current law and vigorously advocate for your interests.  You have an obligation to pay your lawyer and provide credible information, evidence, be on time for appointments, and keep the lawyer updated on important developments such as changes of address and phone number.

With a positive outlook and cooperation between you and your lawyer, you should have a successful experience.  Although outcomes are not guaranteed, many cases can be won with diligent efforts. 

If you are interested in knowing your immigration options, please call us at 703-335-2009  to schedule your consultation. We will be happy to help you achieve your American Dream!


FOR MORE INFORMATION ON A SPECIFIC SITUATION, PLEASE CONTACT:

Lisa Shea is a shareholder at Vanderpool, Frostick & Nishanian, P.C. She is leading the firm’s Immigration practice, as well as Immigration Chair for the Prince William County Bar Association.  If you have additional questions or concerns contact Lisa Shea at or call us at 703-335-2009.

www.immigrantsfirst.com (for information about immigration solutions)
www.vfnlaw.com (for information about solutions in other areas of law)

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer

8
Aug
2022

EXTENSION AND REDESIGNATION OF SYRIA FOR TPS

Written By Lisa Shea, Esq.

DHS has announced it is extending the designation of Syria for temporary protected status for 18 months, effective October 1, 2022 through March 31, 2024.  The redesignation allows Syrians who have been continuously residing in the United States since July 28, 2022 to apply for TPS for the first time.  Check the USCIS website at www.uscis.gov for more information. 

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FOR MORE INFORMATION ON A SPECIFIC SITUATION, PLEASE CONTACT:

Lisa Shea is a shareholder at Vanderpool, Frostick & Nishanian, P.C. She is leading the firm’s Immigration practice, as well as Immigration Chair for the Prince William County Bar Association.  If you have additional questions or concerns contact Lisa Shea at or call us at 703-335-2009.

www.immigrantsfirst.com (for information about immigration solutions)
www.vfnlaw.com (for information about solutions in other areas of law)

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer

8
Aug
2022

New ID Card For Immigrants at Border?

Written By Lisa Shea, Esq.

The Biden Administration has announced that it is working on a new ID card for immigrants at the border with Mexico.  This card would carry information allowing immigration officials to access information about a person’s case files and would be a travel card as well.  It would have the immigrant’s name, nationality, photo, and QR code and would allow the immigrant to log into a website to access ICE reporting requirements, court hearings, and case updates. 

If the pilot program is successful, it may be expanded to apply to other immigrants.  While there are privacy concerns, it will be more convenient than current technologies, including GPS bracelets and phone check-ins.  Given that there are 1.6 million pending immigration cases and a long wait for court dates, this new technology may keep immigrants in touch with their cases ensuring better due process for the individual and greater efficiency for the system, and less in abstentia deportation orders.

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FOR MORE INFORMATION ON A SPECIFIC SITUATION, PLEASE CONTACT:

Lisa Shea is a shareholder at Vanderpool, Frostick & Nishanian, P.C. She is leading the firm’s Immigration practice, as well as Immigration Chair for the Prince William County Bar Association.  If you have additional questions or concerns contact Lisa Shea at or call us at 703-335-2009.

www.immigrantsfirst.com (for information about immigration solutions)
www.vfnlaw.com (for information about solutions in other areas of law)

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer

21
Jun
2022

The Right to Exclude!

By Martin Crim, Esq.

Should hunters be able to enter other people’s land to retrieve their dogs?

Should police be able to enter land and peek through your windows to search for drugs?

Should relatives be able to visit the graves of their family members on private land?

What if the land is posted “no trespassing”?

Few people would complain if firefighters or EMT’s responded to a genuine emergency on their property, and it’s hard to imagine a judge saying that they commit a civil or criminal wrong by coming onto your property to provide emergency help.  This is true even if you didn’t give them your approval. Your approval is implied in a situation where public or private necessity outweighs the practicality of seeking permission to enter your property ahead of time.

But what is there is no emergency? What if you look out your kitchen window and see a stranger standing there on your property? You might, understandably, be alarmed. In this situation, you might assume that the law will back you up if you tell the stranger to leave. But in some circumstances, the law won’t back you up. So, what happens then? Let’s examine some circumstances where the right to exclude may not apply.

First, let us consider a situation of a property owner who wants a particular person to stay off their property. The property owner has the option to issue a “no trespassing letter” to that person, even if the property is normally open to the public, like a school or church. Local governments have a role in enforcing such letters, and in order to do so need to know things like “who has the authority to issue the letter” and “what if the person needs to enter the property for a valid purpose like voting or a parent-teacher conference”? For example, at my church, we have a policy saying exactly who has the authority to exclude someone from the building, to avoid having a situation where it’s unclear who is in charge.

A related issue comes up when a local government tries to protect homeowners’ right to exclude people. In that situation, it becomes a difficult task to specify who is permitted to approach your front door without your approval – and local governments have run afoul of the U.S. Constitution by providing a list of exceptions that allowed everyone but religious missionaries to do so.

Now, what if a homeowner wants to enforce a prohibition against certain visitors? In that case, homeowners have the option to post signs that prohibit certain classes of people – door-to-door salespeople, political canvassers, or whoever.  But what consequences can a homeowner impose upon someone who violates this prohibition? If the trespasser harmed the homeowners in some way, maybe a court would let them collect money from the trespasser. Without some tangible harm, the legal remedy becomes less clear. But what are rights without enforcement mechanisms?

Next, let’s consider a scenario where a loved one’s grave is located on private property. A 1993 Virginia law says that relatives of people buried in a cemetery, along with people who own burial plots there and genealogists, can enter and cross private property to reach the cemetery. There are, limitations, of course. Such visitors have to give notice, limit their activities there, and act appropriately, but the private property owner where the cemetery is located has lost the ability to say, “keep out.” They’ve lost the right to exclude, at least in part.

Next, consider a warrantless police search. US Supreme Court precedents say that police can enter “open fields” even if there are signs warning against entry and fences to keep people out. Under these circumstances, the police can also search your property using aircraft within “navigable airspace,” which means that the government took your right to exclusive use of the airspace over your property and used it to reduce the scope of your right to privacy.

Then we come to the hunting dogs. There’s a case pending in the courts right now that challenges Virginia’s law giving certain hunters the right to retrieve their dogs from other people’s lands. The plaintiffs are property owners who claim that they have been damaged by these dogs running loose on their property. The pending lawsuit builds off a US Supreme Court case that said a company could exclude union activity on its property.

Of possible relevance to the hunting dog case is the portion of the Virginia Constitution that says the people have a right to hunt, fish, and harvest game, subject to laws passed by the General Assembly. The Virginia Constitution also says that the right to private property is “fundamental,” which presumably means that it carries heavier weight than ordinary rights. Those competing rights collide with each other when hunters want to retrieve their dogs.

In some countries, there is a “right to roam,” which protects customary rights to travel, particularly in forests and coastal lands. In the US, a similar right protects “navigable waterways,” which allows people to use bodies of water that are “susceptible for use, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce.” That’s subject to a lot of interpretation – and potential abuse.

In law school, students read a case about someone sailing on a lake who ties up at a pier during a storm, even though told not to do so. The principle being taught there is the doctrine of necessity, which forms a defense against the claim that the sailors were trespassing. There is a fundamental moral principle that the right to exclude people from your property has to yield to their right to remain alive in an emergency. But that raises other questions, such as “what constitutes an emergency?”

As that brief survey shows, the right to exclude is an important aspect of the right to property, but like most rights, it is not absolute. Legislators and courts will continue to have to balance competing rights. Businesses, property owners, local governments, and others can’t rely on basic principles like the “right to exclude” because there are often competing principles that affect the legal rights in issue.

If you have a property rights problem, you should consult an attorney to learn your rights and how you might enforce those rights. You should also be cautious dealing with that stranger standing on your property and don’t assume that your property rights are the only thing the law cares about. I have been practicing in this area of the law for 30 years and encourage you to reach out if you have any questions regarding your right to exclude or about what circumstance may allow someone to enter your property without your consent.

Martin Crim is a shareholder at Vanderpool, Frostick & Nishanian, and has been practicing law for over thirty years, primarily for cities, towns, and other local governments. If you have additional questions or concerns contact Martin Crim at mcrim@vfnlaw.com or call us at 703-36-4738.


This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer

25
May
2022

Community Meeting with American Legion Post 114

Written by: Olaun Simmons

VF&N’s Olaun Simmons attended a community meeting with American Legion Post 114 and People, Inc. to discuss the revitalization of the historic American Legion Post building and the development of duplexes on Prince William Street in Manassas, Virginia.

If you have any questions on how VF&N can assist you, please feel free to reach out by way of phone or email Olaun Simmons.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer