Looking to get in shape but not quite sure how you are going to achieve that? The great news is you have plenty of options. There are many different pieces of fitness equipment out there that can help you get to your end goal, so your mission needs to be about figuring out which is the best one for you.
The treadmill has a number of great benefits such as being an excellent calorie burner and easy to use, while the elliptical adds the fact it brings the upper body into play to the list. The bike is great for those who want to build explosive power, so once again, is a good option for many.
So which should you choose? Let's look at how these all stack up so you can determine for yourself which you prefer.
Let's look at these in more detail so you can see how they really stack up.
When looking at the calorie burn, we come to see that the treadmill and the elliptical are the clear winners here. Both of these pieces of cardio equipment are excellent for burning calories and helping you lose weight. The elliptical is perhaps the best calorie burner of them all because it is the one that brings the upper body into the mix. The more muscles you work in any given moment, the faster you'll be burning calories.
Therefore, assuming you are working at a similar intensity, the elliptical is the one that will burn the most calories overall.
When it comes to progression, all machines will obviously offer you the ability to progress. With all of these machines, you will either increase the overall speed in which you are working or you will increase the level of resistance in some way.
With the bike, it's a direct resistance increase. With the treadmill, you increase the elevation so it's like you are going up a hill. With the elliptical, you actually have two methods of increase. You can either increase the elevation you are working at (so it's like you are climbing up stairs rather than running) OR you can increase the resistance level you are working at.
Therefore, if you are someone who likes to have good variety and see results, the elliptical may actually be a better bet for you because of this.
Considering injury risk is important because if you find yourself injured, you are going to be in the position to be making no progress at all. Better to be safe than sorry, should be the motto for most.
In terms of injury risk, the treadmill definitely is the highest. With the treadmill, you could twist an ankle, fall off the machine, suffer shin splints, get back pain, experience sore knees, and the list goes on. It's a very high impact machine therefore the potential for pain is also quite great.
The bike offers low injury risk. You may get a sore bottom from sitting on the seat for so long and knee pain could result if you are doing too much biking or try to advance too quickly, but other than that, injuries tend on the bike tend to be rather minor.
The elliptical offers an even lower injury risk yet. This machine was designed to be low impact and to help those who have either suffered from injury or are rehabilitating from one, so it's a machine you should feel quite comfortable using.
You might also want to take into account how durable the machines are. The last thing you want to do is invest a thousand dollars or more only to find the machine is breaking down on you.
While any good machine should hold up for quite a while, repairs do need to happen with enough use. Generally speaking, treadmills have the potential for breakdown the most.
There's just so much that can go wrong with them. The belt can get worn, the motor can break down, the ability to incline can go. This all could be cause for bringing in a repair technician.
The bike has a low breakdown potential as it tends to run smoothly most of the time and the elliptical is also quite good for durability, however with enough use, you may find you need repairs as well.
A good idea if buying an elliptical or a treadmill is to make sure that whatever model you do invest in, comes with a good warranty model.
Let's talk strength. Which machine is going to have the best strength building potential? Here the bike and the elliptical win out. If you want pure lower body strength, choose the bike. If you want balanced strength and to be able to do away with a strength training routine, try the elliptical.
The treadmill unfortunately won't build much strength at all, so if that's your goal, you should try something else instead.
The good news is that all of these machines are quite easy to use so are perfect for beginners who are just getting started. This said, the bike does tend to be the easiest as the movement pattern done on the bike will be very similar to what's done in real life on an actual bike.
The treadmill is also quite similar, but some people do require some time to get used to that belt moving beneath them. The elliptical however can take some time. It's not going to take too much time that a beginner couldn't learn how to use it, but it may take an extra day or two to get used to.
So there you have some direct comparisons of the three different machines. Which one is right for you? Which fits your goals the best? Remember, you always also factor in which one you enjoy the most because this is going to have a huge impact on your ability to stick with your program.


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text:
Q: read/write database path using sqlite.swift I'm just starting out trying sqlite.swift and databases with swift. I have prepared a database with tables and preloaded with data. I wish to select data and insert data from within the app.
The problem is that I don't understand where (in my project) to put my database.db file in order for the app to find it.
my connection code:
let path = NSSearchPathForDirectoriesInDomains(
    .documentDirectory, .userDomainMask, true
    ).first!

do {
    db = try Connection("\(path)/database.db")
} catch {
    db = nil
    print ("Unable to open database")
}

A: In terms of where this file should go, I would suggest the "application support directory". See File System Programming Guide: Where You Should Put Your App's Files, which says:

*

*Put user data in Documents/. User data generally includes any files you might want to expose to the user—anything you might want the user to create, import, delete or edit. For a drawing app, user data includes any graphic files the user might create. For a text editor, it includes the text files. Video and audio apps may even include files that the user has downloaded to watch or listen to later.

*Put app-created support files in the Library/Application support/ directory. In general, this directory includes files that the app uses to run but that should remain hidden from the user. This directory can also include data files, configuration files, templates and modified versions of resources loaded from the app bundle.

Also see the iOS Storage Best Practices video.
The above is for iOS. If inquiring about macOS, see File System Programming Guide: The Library Directory Stores App-Specific Files.
But regardless of the OS, the technique for referencing the application support directory is largely the same:
do {
    let fileURL = try FileManager.default
        .url(for: .applicationSupportDirectory, in: .userDomainMask, appropriateFor: nil, create: true)
        .appendingPathComponent("database.db")

    db = try Connection(fileURL.path)
} catch {
    db = nil
    print("Unable to open database: \(error)")
}

redpajama_set_name: RedPajamaStackExchange


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text:
Applying to ISB
International/Out of Town Applicants
Tuition & Tuition Assistance
What is the value of an ISB education?
ISB's dynamic and goal-oriented learning environment provides students with the skills to take on any challenge and achieve any goal.
Through ISB's unique inquiry-based language immersion educational program, ISB students become driven explorers and passionate communicators that open up options and opportunities for high school and beyond.
Tuition for the 2022-2023 School Year
Pre-K 3: $32,894
Kindergarten through 5th Grade: $38,965
6th through 8th Grade: $42,983
Required non-refundable enrollment deposit: $5,000 (this deposit is credited towards tuition)
Please note that tuition is adjusted each year.
Tuition Payment Plan Options
Families have three tuition payment options from which to choose:
One payment plan
Tuition is paid in full by July 1.
Two payment plan
Tuition is paid in two equal installments: 50% is due by July 1 and 50% is due by October 1.
10 month payment plan
Tuition is spread over ten months. Payment is due each month starting July 1 through April 1. There is an additional $100 administrative fee associated with this plan.
ISB's Need-Based Tuition Assistance Program
ISB's need-based tuition assistance program seeks to help families who demonstrate the need to bridge the gap between what they are able to contribute financially towards their child's tuition and the full annual tuition fee.
This program reflects ISB's core values as a school that values diversity and equity. It is not a merit-based or federal scholarship. ISB does not receive any external funding for its tuition assistance program but considers this as a priority and funds it through its operating budget. While all families are expected to contribute towards tuition, close to 30% of ISB's families currently receive some form of tuition assistance. Tuition assistance packages may range from 10% to 90% of tuition fees.
Families are eligible to apply for ISB's Need-Based Tuition Assistance Program regardless of grade level, language background, or language track. Tuition assistance packages are offered to as many qualifying families as possible, however, ISB is unable to extend assistance to all families who apply and qualify.
Families should indicate their intention to apply for this program on their child's admissions application. ISB uses the School and Student Services (SSS) for Financial Aid to aid in its decision-making process.
Timeline: Tuition Assistance Applications become available in the fall and the deadline to submit is December 31st.
Applicants are notified of tuition assistance packages when admissions acceptance letters are sent in February. If you are applying off-cycle, we recommend that you check with admissions before applying for tuition assistance, as funds may be limited beyond the regular admissions season.
Click here for an application. ISB's code is 4757. ISB also requires copies of the family's previous year's tax returns to be submitted directly to SSS. In cases of separation or divorce, we ask that both parents submit the Tuition Assistance application and required materials.
Tuition Assistance FAQ's
For more detailed information, please read the ISB Tuition Assistance FAQ's.
French Bourse
If your child is a French citizen, you may apply for a need-based Bourse from the French government. Families who are eligible should indicate their interest in applying for the Bourse on their child's admissions application - Pre-K 3 through 5th Grade only.
The application for the Bourse is made available by the French Consulate in mid-January and the final decisions for the Bourse are made in mid-summer.
For additional information, FAQs, and a preview of Bourse guidelines, please visit the AEFE .
2nd Grade Future Astronauts Blast Off to Outer Space
There was a buzz of excitement in the 2nd Grade classrooms as students began their next unit of inquiry on outer space. First, students reflected on their prior knowledge by writing and drawing what they already knew about the solar system, and then, they moved on to their space adventures! "This is the best unit for 2nd Graders!" says Paulina Bemporad, 2nd Grade English Teacher. "We tap into the wonder and imagination for space exploration, investigating our Solar System as we integrate science, math, physics, language, literacy, and social studies."
A Powerful and Intimate Conversation Between ISB 5th Graders and Congresswoman Nydia Velázquez
NEWS UPDATE January 15, 2021
Each year, as part of the Civic Symbols and Constitutions unit of inquiry, the 5th Grade class sets off to Washington, D.C. to further understand how our the Constitution and other political documents are used to govern the country and to explore the ways that monuments and civic symbols express the common values of our society. While field trips have been put on pause during the pandemic, the class has been enjoying virtual field trips and meetings with special visitors as they learn more about the United States government. Last week, the 5th Graders were very fortunate to have a virtual visit from Congresswoman Nydia Velázquez, New York's 7th Congressional district representative, which includes their own school community in Carroll Gardens as well as several other surrounding Brooklyn neighborhoods.
La Tierra en Movimiento
NEWS UPDATE May 26, 2020
The 5th Grade "Moving Earth" unit encompasses Earth's changes and how those changes can affect our lives. No one could have predicted that students would be exploring this unit while living through a historic pandemic, but the current context gave students a deeper connection to their studies and a very real lens through which to develop inquisitive questions. Students launched the unit by investigating the Earth's changes and the human response. To explore this, Spanish 5th Graders interviewed people who have lived through various disasters from all around the world.

redpajama_set_name: RedPajamaCommonCrawl


A. To achieve truth in sentencing by assuring that the public, the State and the Court will know that the sentence imposed by the Court will be served by the defendant; and that, the defendant will know what the actual effect of the sentence will be.
B. To require accountability of the Court in fashioning a sentence designed to meet the objectives of SENTAC legislation including, but not limited to providing the least restrictive sentence that assures the public safety, makes use of sentencing alternatives and incarcerates the violence prone offender.
C. To encourage the Courts to impose sentences combining incarceration (where appropriate) with quasi-incarceration and probationary follow-up to assure continued supervision of offenders and their successful reentry into society with minimum risk to society.
Section 3. The provisions of this Act will take effect with respect to all crimes which are committed as of 12:01 a.m., June 30, 1990 or thereafter.
Section 4. The provisions of Title 11 and Title 16, which are repealed by this Act shall remain in force and effect for the purpose of trial and sentencing for all crimes which occur prior to 12:01 a.m., June 30, 1990.
(a) All sentences imposed for any offenses other than a life sentence Imposed for Class A felonies may be reduced by earned good time under the provisions of this Section and Rules and Regulations adopted by the Commissioner of Corrections.
(1) During the first year of any sentence, good time may be awarded at .the rate of 2 days per month beginning on the first day of his confinement.
(2) After completing 365 days of any sentence, good time may be awarded at the rate of 3 days per month.
(3) No person shall be awarded more than 36 days of good time under this subsection for good behavior in any one year consisting of 365 calendar days actually served.
(1) Good times may be awarded for satisfactory participation in approved programs at a rate of up to 2 days per calendar month.
(d) 'Good time' may be earned by participation in work programs as authorized by §6532 of this Title at a rate of up to 2.5 days per month with a limit of 30 days earned during any one year consisting of 365 days actually served.
(e) No more than a total of 90 days of 'good time may be earned in any one year consisting of 365 days actually served.
§4382. Forfeiture of Good Time.
(a) Any person subject to the custody of the Department at Levels IV or V shall, upon the conviction of any crime during the term of his sentence, forfeit all good time accumulated to the date of the criminal act, this forfeiture is not subject to suspension.
(b) Any person subject to the custody of the Department of Corrections at Level IV or V who is determined to have violated the Rules of the Department of Corrections shall under the Rules and Procedures of the Department forfeit all or part of the good time accrued to the date of such offense. Forfeiture under this subsection may be suspended by the Department for the purposes of encouraging rehabilitation or compliance with discipline.
(c) When good time is actually ordered forfeit, it may not be recovered by the incarcerated person."
(b) Any crime or offense which is designated as a felony but which Is not specifically given a class shall be a Class G Felony and shall carry the sentence provided for said class felony.
(b) Any offense defined by statute which is not specifically designated a felony, a Class A Misdemeanor, a Class 8 Misdemeanor or a Violation shall 3e an unclassified Misdemeanor.
§4204. Authorized Disposition of Convicted Offenders.
(b) A person convicted of a class A felony may be sentenced to life imprisonment In accordance with §4205 of this Title, unless the conviction is for first-degree murder, in which event §4209 of this Title shall apply. Notwithstanding any other statute, a sentence under §4209 of this Title may not be suspended or reduced by the court.
(a) A sentence of incarceration for a felony shall be a definite sentence.
(1) For a Class A Felony not less than 15 years up to life imprisonment to be served at Level V except for conviction of first degree murder in which event §4209 of this Title shall apply.
(2) For a Class B Felony not less than 2 years up to 20 years to be served at Level V.
(3) For a Class C Felony up to 10 years to be served at Level V.
(4) For a Class D Felony up to 8 years to be served at Level V.
(5) For a Class E Felony up to 5 years to be served at Level V.
(6) For a Class F Felony up to 3 years to be served at Level V.
(7) For a Class G Felony up to 2 years to be served at Level V.
(c) In the case of the conviction of any felony, the Court shall impose a sentence of Level V incarceration where a minimum sentence is required by subsection (b) of this Section and may Impose a sentence of Level V incarceration up to the maximum stated In subsection (b) for each class of felony.
(d) Where a minimum sentence is required by subsection (b) of this Section, such sentence shall not be subject to suspension by the Court.
(e) Where no minimum sentence is required by subsection (b), or with regard to any sentence in excess of the minimum required sentence, the Court may suspend that part of the sentence for probation or any other punishment set forth in §4204 of this Title.
(f) Any term of Level V incarceration imposed under this Section must be served in Its entirety at Level V, reduced only for earned 'good time' as set forth in §4381 of this Title.
(g) No term of Level V incarceration imposed under this Section shall be served in other than a full custodial Level V institutional setting unless such term is suspended by the Court for such other level sanction.
(h) The Department of Corrections, the remainder of this Section notwithstanding, may house Level V Inmates at a Level IV work release center or halfway house during the last 180 days of their sentence; provided, however, that the first five (5) days of any sentence to Level V, not suspended by the Court, must be served at Level V.
(I) The Department of Corrections, the remainder of this Section notwithstanding, may grant Level V inmates 48-hour furloughs during the last 120 days of their sentence to assist in their adjustment to the community.
(3) No sentence to Level V incarceration imposed pursuant to this Section is subject to parole.
(1) In all sentences for less than one year the Court may order that more than five (5) days be served in Level V custodial setting before the Department may place the offender in Level IV custody.
(a) The sentence for a Class A Misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,000, restitution or other conditions as the Court deems appropriate.
(b) The sentence for a Class B Misdemeanor may include up to 6 months incarceration at Level V and such fine up to 51.000, restitution or other conditions as tae Court deems appropriate.
(c) The sentence for an unclassified Misdemeanor may include up to 30 days incarceration at Level V and such fine up to $500, restitution or other conditions as the Court deems appropriate.
(d) The Court may suspend any sentence imposed under this Section for probation or any of the other sanctions set forth in §4204 of this Title.
(e) Any term of Level V incarceration imposed under this Section must be served in its entirety at Level V, reduced only for earned 'good time' as set forth in §4381 of this Title.
(f) No term of Level V incarceration Imposed under this Section shall be served in other than a full custodial Level V institutional setting unless such term is suspended by the Court for such other level sanction.
(g) The Department of Corrections, the remainder of this Section notwithstanding, may house Level V Inmates at a Level IV work release center or halfway house during the last 180 days of their sentence; provided, however, that the first five (5) days of any sentence to Level V, not suspended by the Court, must be served at Level V.
(h) The Department of Corrections, the remainder of this Section notwithstanding, may grant Level V inmates 48-hour furloughs during the last 120 days of their sentence to assist in their adjustment to the community.
(1) Any sentence for issuing a worthless check pursuant to §900 of this Title shall require restitution to the person to whom the check was given. For the purposes of this subsection, restitution shall mean the amount for which the check was written plus a. service fee of $30.00 for processing a worthless check, or a fee of $50.00 if more than one check by same person was processed.
(j) In all sentences for less than one year the Court may order that more than five (5) days be served in Level V custodial setting before the Department may place the offender in Level IV custody.
(a) The Court may Impose a fine of up to $300 for the first offense of any violation, up to $600 for the second offense of that same violation and up to $1,000 for the third offense of the same violation, provided that only violations which occurred within 5 years of the violation for which sentence is imposed shall be considered in determining sentence.
(b) The Court may impose a period of Level I probation up to 1 year for any violation."
"§4354. Applicability to Sentences Imposed Pursuant to Truth in Sentencing.
No sentence imposed pursuant to the provisions of the Truth in Sentencing Act of 1989, shall be subject to parole under the provisions of this subchapter."
Section 11. Notwithstanding any provision of this Act to the contrary, the fines and mandatory sentence provisions of the following sections of Title 16 shall remain in effect as indicated.
Section 12. Notwithstanding any provision in this Act to the contrary, the mandatory sentence provisions of Title 11, Sections 630(b), 630(a)(b), and 831(b) shall remain In effect as indicated.
"(b) A person convicted of Robbery First Degree for a second or subsequent offense shall receive a minimum sentence of four (4) years at Level V notwithstanding the provisions of §§4205(b)(2) and 4215 of this Title.
(c) The sentencing provisions of this section apply to Attempted Robbery First Degree as well as Robbery First Degree."
(a) Where an inmate Is serving a sentence to Level V (incarceration) Imposed not under the Truth in Sentencing Act of 1989 and receives a subsequent sentence to Level V under the provisions of the Truth in Sentencing Act serving of the earlier sentence shall be suspended and the inmate shall serve the new Level V sentence until it Is completed and then resume serving the original sentence.
(b) Where an inmate is serving a 'non-mandatory' Level V (incarceration) sentence and Is subsequently sentenced to a mandatory term of incarceration, serving of the earlier sentence shall be suspended and the inmate shall serve the new mandatory Level V sentence until it is completed and then resume serving the earlier sentence.
(c) Where an inmate is serving Level V (incarceration) sentence imposed not under the Truth in Sentencing Act of 1989, and Is subsequently sentenced to Level V under the provisions of the Truth in Sentencing Act and had less than three years remaining on his prior sentence, the Court at the time of sentencing under the Truth in Sentencing Act may in its discretion suspend the remainder of the prior on-Truth in Sentencing Level V sentence.
(d) Any individual convicted of a crime on or after January 1, 1990, which crime occurred prior to that date may elect to be sentenced under the provisions of this Act rather than under the prior provisions of this Title."
(a) Except as authorized by this Chapter, any person who manufactures, delivers or possesses with intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified in Schedule I or II which is a narcotic drug is guilty of a Class C felony and shall be fined not less than $5,000 nor more than $50,000.
(b) Except as authorized by this Chapter, in cases where death occurs as a result of the use or consumption of a controlled substance or counterfeit controlled substance classified in Schedule I or II which is a narcotic drug, any person who is convicted of manufacturing or delivering such drug shall be guilty of a Class 8 felony and shall be fined not less than $10,000 nor more than $100,000.
(1) for the first violation of this section a mandatory minimum sentence of 6 years to be served at Level V.
(2) for the second or subsequent violation of this section a mandatory minimum sentence of 12 years to be served at Level V.
These minimum sentences may not be suspended by the Court."
"§4216. Jurisdiction Over Sentence Retained.
(a) In any case where the trial Court has imposed a sentence in excess of two years incarceration at Level V custody the Court shall retain jurisdiction to modify such sentence to reduce the level of custody or time to be served under the provisions of this section.
(b) The Court may modify such sentence solely upon the basis of an application filed by the Department of Correction for good cause shown.
(c) Good cause under this section shall include, but not be limited to, exception rehabilitation of the offender, serious medical illness or infirmity of the offender and prison overcrowding.
(d) Any application by the Department of Correction under this section shall be filed with the Board of Parole which shall hold a hearing under the provisions of subsection 4350(a) of this Title for the purpose of making a recommendation to trial court as to approval or disapproval of the application for modification.
(e) Upon receipt of the recommendation of the Board of Parole, the Court may in its discretion grant or deny the application for modification of sentence. The Court may request additional information, but need not hold further hearings on the application."
"(1) Whenever a Court imposes a period of incarceration at Level V custody for one or more offenses that totals one year or more, then that Court must include as part of its sentence a period of custodial supervision at either Level IV, III or II for a period of not less than six months to facilitate the transition of the individual back into society."
"(m) Whenever a court imposes a period of incarceration at Level V custody in excess of 301. of the maximum allowable penalty or imposes a period of incarceration at Level V custody less than 201. of the maximum allowable penalty, such court shall explain, in writing, the aggravating or mitigating circumstances for imposing such penalty. The basis for mitigating or aggravating circumstances shall be prescribed and adopted by the Sentencing Accountability Commission."


text:
Eviction under Delhi Rent Act.
Sandeep Bhalla	Civil Law, Interpretation, Rent Law	 December 7, 2017 December 11, 2017
Delhi Rent Act to prevail upon NDMC Act.
Effect of arrears of House tax:
The question is whether non-payment of property tax recoverable from the tenant as rent can be a ground for his eviction/ejectment from the premises. The Rent Act is beneficial and also restrictive in nature. It is primarily an Act to provide for the control of rents and evictions. It is settled that while interpreting the provisions of this Act, the Courts are under a legal compulsion to harmoniously read the provisions of the Act so as to balance the rights of the landlord and the obligations of the tenant towards each other, keeping in mind that one of the objects of the legislature while enacting the Rent Act was to curb the tendency of the greedy landlords to throw out the tenants paying lower rent and to rent out the premises at the market rate.
Delhi Rent Act:
Section 14 occurring in Chapter 3 of the Rent Act provides for controlling of eviction of tenants. It puts an embargo as regards recovery of possession of any premises at the instance of the landlord unless the Controller satisfies himself as regards existence of any of the grounds specifically referred to in the proviso appended thereto.
Section 2(i) of the Rent Act defines the "premises". Section 3(c) states, "nothing in the Act shall apply to any premises whether residential or not, whose monthly rent exceeds Rs. 3,500/-". Sub-section (2) of Section 7 puts an embargo on the landlord not to recover from the tenant any amount of tax on the building or land imposed in respect of the premises occupied by the tenant. This provision is as under:
"(2) Where a landlord pays in respect of the premises any charge for electricity or water consumed in the premises or any other charge levied by a local authority having jurisdiction in the area which is ordinarily payable by the tenant, he may recover from the tenant the amount so paid by him; but the landlord shall not recover from the tenant whether by means of an increase in rent or otherwise the amount of any tax on building or land imposed in respect of the premises occupied by the tenant."
Section 50 of the Rent Act bars the civil court to entertain any suit or proceedings insofar as it relates to the fixation of standard rents in relation to any premises to which the Rent Act applies or to eviction of any tenant therefrom or to any other matter which the controller is empowered by or under the said Act.
NDMC Act:
It is also relevant to notice two provisions of the NDMC Act namely; sub-sections (1) and (3) of Section 67 which are as under:
"67. Apportionment of liability for property tax when the premises are let or sub-let.-(1) If any land or building assessed to property tax is let, and its rateable value exceeds the amount of rent payable in respect thereof to the person upon whom under the provision of section 66 the said tax is leviable, that person shall be entitled to receive from his tenant the difference between the amount of the property tax levied upon him and the amount which would be leviable upon him if the said tax was calculated on the amount of rent payable to him. (2) ……………..
(3) Any person entitled to receive any sum under this section shall have, for the recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to receive the same."
Yet another provision which requires consideration is Section 411 of the NDMC Act, which reads as under:
"411. Other laws not to be disregarded.- Save as provided in this Act nothing contained in this Act shall be construed as authorising the disregard by the Council or the Chairperson or any municipal officer or other municipal employee of any laws for the time being in force."
Effect of Non obstante cluse:
While the normal principle is that the latter enactment will prevail in cases where the latter enactment has a non-obstante clause, that is, giving it overriding effect and secondly, if it is also held to be a special enactment with regard to the matter in issue. In the instant case, the earlier enactment has a non-obstante clause in Section 14 which grants protection to the tenant from being evicted from any premises "notwithstanding anything to the contrary contained in any other law or contract, no order of decree for the recovery of possession of any premises shall be made by any Court or Controller in favour of the landlord against a tenant." Thus the earlier enactment which is a special enactment has a non-obstante clause and the latter enactment which is not a special enactment as far as landlord tenant issue is concerned and the same does not have a non-obstante clause and in fact, has a section namely Section 411 which provides that other laws not to be disregarded.
Precedents on conflict of laws:
In Life Insurance Corporation of India v. D.J. Bahadur and Ors., (1981)1 SCC 315, this Court was considering a conflict between the Industrial Disputes Act, 1947 and the Life Insurance Act, 1956. It was held that so far as matters concerning industrial dispute are concerned, the Industrial Disputes Act would prevail over the latter enactment i.e. Life Insurance Corporation of India Act.
In Sanwarmal Kejriwal v. Viswa Co-operative Housing Society Ltd. and Ors., (1990) 2 SCC 288, it was held that Rent Act of 1947 will prevail over the Maharashtra Co-operative Societies Act, 1960, so far as the protection of the tenant from eviction is concerned. Here also, both the Acts held a non-obstante clause but still the earlier enactment was held to cover the field and hence, was to be given primacy over the latter enactment.
As seen from the abovementioned judgments, this Court has held that an earlier enactment will prevail over a latter enactment even if, there is a non-obstante clause in the latter enactment, if it were to be held that the earlier enactment is a special enactment on the particular subject being in issue.
Assuming that the latter enactment prevailing over the earlier enactment were to apply to this case, the two enactments have to be harmoniously construed so as to ensure that the latter enactment does not cause violence to the intent of the earlier enactment.
In St Stephen's College v. University of Delhi, (1992)1 SCC 558, it has been held thus:-
"140. … The golden rule of interpretation is that words should be read in the ordinary, natural and grammatical meaning and the principle of harmonious construction merely applies the rule that where there is a general provision of law dealing with a subject, and a special provision dealing with the same subject, the special prevails over the general. If it is not constructed in that way the result would be that the special provision would be wholly defeated".
Similarly, in Gobind Sugar Mills Ltd. v. State of Bihar and Ors. (1999) 7 SCC 76 this Court has held as under:
"10. While determining the question whether a statute is a general or a special one, focus must be on the principal subject-matter coupled with a particular perspective with reference to the intendment of the Act. Keeping in mind this basic principle, we will have to examine the provisions of the two Acts to find out whether it is possible to construe harmoniously the provisions of Section 4 of the Finance Act and Section 49 of the Sugarcane Act………."
In Commercial Tax Officer, Rajasthan v. Binani Cements Limited and Anr. (2014) 8 SCC 319, it was held that when a general law and a special law dealing with the same aspect dealt with by the general law are in question, the general law to the extent dealt with by the special law is impliedly repealed.
The object of the Rent Act is to provide protection to tenants who under common law, including Transfer of Property Act could be evicted from the premises let out to them at any time by the landlord on the termination of their tenancy. It restricts the right of the landlord to evict the tenant at their will. It is a special law in relation to landlord and tenant issue. Therefore, the Rent Act has to prevail insofar as landlord and tenant issue is concerned.
Let us now consider the judgments relied upon by Shri Dushyant Dave. In Karnani Property Ltd. (supra) by agreement of the parties, the rent fixed included payment of the additional amenities and services. In Bombay Municipal Corporation (supra) the question relating to eviction of a tenant has not been considered. In Raju Kakara Shetty (supra) the statutory right to recover the education cess in respect of demised premises from the occupant–tenant was quantified by agreement of the parties. In D.C. Bhatia (supra) this Court has considered the validity of Section 3(c) of the Delhi Rent Control Act, 1958. In Calcutta Gujarati Education Society (supra) this Court has not considered the eviction of a tenant nor the interplay between a provision similar to sub-section (2) of Section 7 of the Rent Act and Section 231 of the Calcutta Municipal Corporation Act, 1980 which is pari materia with Section 67(3) of the NDMC Act. Hence, these judgments have no application to the facts of the instant case.
Therefore, we are of the view that though the Rent Act is an earlier Act when compared to the NDMC Act, it is a special enactment with regard to the matter in issue and has a non-obstante clause. The NDMC Act is not a special enactment insofar as landlord-tenant issue is concerned and it contains Section 411 which provides that other laws not to be disregarded. Section 67(3) of the NDMC Act merely gives a right to recover the tax in respect of the premises as rent. It does not override the Rent Act insofar as obviating the effect of Section 7(2) of the Rent Act. In our opinion, the tax recoverable from the tenant under Section 67(3) of the NDMC Act as arrears of rent by the appellant cannot be considered to be forming part of the rent for the purpose of seeking eviction/ejectment of the respondent who defaults in payment of such recoverable tax as rent.
[Source: Atma Ram Properties Pvt. Ltd. vs The Oriental Insurance Co. Ltd., decided by SC on 6 December, 2017]
Delhi Rent Act
NDMC Act
Rent if include house tax
Published December 7, 2017 December 11, 2017
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Home » Information » How Did The Renaissance Affect England And English Culture
1. The Renaissance was a period of time in England and Europe during which art, literature, and science flourished.
2. It was marked by the translation of classical works into the vernacular and the invention of new types of printing.
3. The impact of the Renaissance on British culture was significant, as can be seen in the growth of literature and the development of the English language.
What is the Renaissance? | History of English Literature
How did the Renaissance affect culture?
The Renaissance was a period of great artistic and scientific development in Europe. This led to the creation of new forms of art and literature, as well as the development of new technologies like printing. This period was also marked by religious reform, with new ideas about the nature of God and the role of man.
What was Renaissance and how did it affect the English life?
Renaissance was a time in English history when many aspects of society were changing. The English people were moving away from the religious beliefs of the Middle Ages and were embracing new ideas, such as humanism. This new philosophy encouraged people to focus on the individual instead of blindly following the rules of religion.
Why did the Renaissance have such an impact on culture and the world?
The Renaissance had a significant impact on culture and the world because it was a time of great intellectual and scientific exploration. During the Renaissance, people were able to travel and study the world and its cultures outside of their own. This led to a greater understanding of how different people lived and how they thought.
What was the culture of the Renaissance?
The Renaissance was a period of European history that began in the late Middle Ages and ended in the early 17th century. It was an intellectual and cultural movement that saw a rebirth of classical learning and arts and the rediscovery of Greek and Roman culture. During this time, the European Renaissance saw many advancements in science, technology, literature, and philosophy.
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What were the 3 core values of the Renaissance period?
The Renaissance was a time of great change and upheaval. The three core values of the Renaissance were freedom, knowledge, and progress. These values were embodied in the works of great thinkers and artists, such as Leonardo da Vinci, Michelangelo, and Raphael. They were also reflected in the architecture, art, and science that was produced during this time.
What was the major impact of the Renaissance?
The Renaissance was a time of great change and growth in the Western world. It was a time of great artistic and cultural flourishing, and this led to many important changes in society. The Renaissance saw the rise of modern science, the printing press, and the development of democracy.
What are the causes of English Renaissance?
The English Renaissance was caused by the Renaissance in Europe. This Renaissance was caused by the discovery of a new continent, America, and the invention of the printing press. These new technologies allowed people to access more information, which led to a rebirth of the arts.
Why was the English Renaissance important?
The Renaissance was an important period for England because it led to a cultural rebirth. This rebirth included literature, philosophy and science, which ultimately led to the Scientific Revolution. This revolution was incredibly important because it helped to advance human understanding and helped to improve the lives of people.
How did Renaissance art change the world?
Renaissance art changed the world in a number of ways. First, it introduced new ideas and techniques that were not seen before. Artists used these techniques to create more realistic and detailed works of art.
Second, Renaissance art inspired people to think for themselves and question things they had previously believed. This led to the creation of new religions, philosophies, and sciences.
Finally, Renaissance art was an important part of the development of modern civilization. Artists created more accurate representations of nature, allowing for more accurate maps and designs.
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What were the main factors that led to Renaissance in Europe?
There are many factors that led to the Renaissance in Europe, but the most important ones were the invention of the printing press and the Protestant Reformation. The printing press allowed for the dissemination of ideas and information, which led to the rise of individualism and a new sense of self-expression. The Protestant Reformation helped to create a more open society and promoted religious toleration, which allowed for the emergence of new artistic styles and the exploration of new ideas.
How did Renaissance affect the society and technology?
Renaissance was a time of great change and growth in both the society and technology. This was largely due to the invention of printing and the spread of knowledge and new ideas that came with it. During this time, the Renaissance was marked by a reawakening of the human spirit, which was expressed in art and literature.
What was the culture like for individuals within the Renaissance?
The Renaissance was a time of great change in culture. It was a time of increased artistic expression, exploration of new ideas, and a return to classical philosophy. These changes were seen by many as representing a return to the good old days. However, other aspects of society were changing as well. The Renaissance was a time of increased religious belief, and many people sought answers in new religious texts.
What two ancient cultures influenced the Renaissance?
The Renaissance was influenced by two ancient cultures: the Greeks and the Romans. The Greeks had a strong influence on the Renaissance through their philosophy and art, while the Romans had a strong influence through their politics and architecture.
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Who were the 4 main Renaissance artists?
Leonardo da Vinci, Michelangelo, Raphael, and Antonio da Sangallo the Younger. These 4 artists were the main artists of the Renaissance period (14th and 15th century). They were the first to have their artwork exhibited publicly, and they were considered very talented.
What were the major themes of the Renaissance?
The Renaissance was a period in European history during which people had a new sense of self-confidence. They were no longer content to live as peasants and believe it or not, people actually began to dream of becoming nobility! There was also an increased interest in science and learning, and a renewed interest in Classical culture.
What did the Renaissance period focus on?
The Renaissance period focused on many things, including art, architecture, and literature. It also had an impact on science and technology, as well as philosophy and religion. The Renaissance was a time of great discovery and invention, and it's difficult to overstate how much it changed the world.
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Paul D. Cass Attorney At Law
Business and Civil Services
Author Archives: Paul Cass
What's status got to do with anything?
Written by Paul Cass
It is incumbent on all nonimmigrants to "maintain continuously a lawful status." There are negative consequences to failure to do so. Just for example, with rare exceptions (such as discretion for late filing due to circumstances beyond the person's control and an otherwise squeaky-clean record), a person cannot change his or her nonimmigrant status to another type of status (for example, B-2 visitor to F-1 student), or extend his or her nonimmigrant status, unless already maintaining status.
Furthermore, with only a few limited exceptions (e.g., Immediate Relative spouse, parent or child of a U.S. Citizen; employment-based immigrant with less than 180 days of combined lack of status and unauthorized employment since last valid entry; lucky beneficiary of "grandfathering" under Section 245(i) of the Immigration and Nationality Act; etc.), a person who has been "out of status" for even a single day, at any time, cannot adjust status to Lawful Permanent Resident ("Green Card").
Going out of status can also have negative consequences on visa renewals outside the U.S., since being out of status is a "violation" of a nonimmigrant entry.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, commonly referred to as "IIRAIRA" or "IIRIRA," added an unnecessary and, for many, disastrous wrinkle by introducing the concept of "Unlawful Presence" or "ULP." Under INA section 212(a)(9)(B)(ii), a person is considered to be "unlawfully present" if he or she is in the U.S. "after the expiration of the period of stay authorized by the Attorney General," or is in the U.S. "without being admitted or paroled."
For people who entered the U.S. legally ("with inspection," followed by "admission" or "parole"), ULP in general starts on the day the period of admission or parole expires. Some people are not admitted for a specific period. For example, F-1 Students, M-1 Vocational Students, and J-1 Exchange Visitors are admitted "D/S" (ironically standing for "Duration of Status") rather than to a "date certain." Canadians admitted as visitors are also considered admitted "D/S."
For those admitted "D/S," ULP starts, not when status expires, but only when the USCIS, or an Immigration Judge, determines that they are "unlawfully present." Thus, for example, it is possible for a student whose student status has long ago expired, still not to be in a period of ULP. Similarly, a person in, say, H-1B status, who has been let go by his or her employer, is immediately "out of status," since being employed by the sponsoring employer is a condition of maintaining status. He or she is not, however, "unlawfully present" until the earlier of the day after the full period of his or her H-1B admission expires, or the date USCIS or an Immigration Judge declares the person to be "unlawfully present."
(Children by statute cannot accrue even a day of "unlawful presence" until their 18th birthday. Asylum applicants do not start accruing ULP while their applications are pending, unless during that time they have been employed "without authorization." There are a few other exceptions. See INA section212(a)(9)(B)(iii).)
Why does it matter and who cares? It matters because many people, including alas many lawyers who should know better, incorrectly believe that NOT being "unlawfully present" is somehow legally the equivalent of being "in status." Under this erroneous belief, they may try to change nonimmigrant status, or extend status, or adjust to LPR, despite being out of status, or, as attorneys, counsel their clients to do so, with potentially dire consequences. Ironically, one of those dire consequences is that they may wind up with enough ULP to cause real problems!
If there is one thing everybody needs to know and remember, it is that being "in status" is not legally the same as "not being unlawfully present," and mere lack of "unlawful presence" is not the same as "maintaining lawful status."
Here's another thing everyone should remember: status is not extended by the timely filing of an application for change or extension of nonimmigrant status, or even by the timely filing of an application to adjust status to LPR. The only thing that extends status is a subsequent approval of such an application, in which case status is deemed to have been continuously in force retroactive to the date the status "expired."
So, for example, if a person files while in status, but the status (last date on person's I-94 admission record) expires while the case is being processed, the person is not "in status" after that date. The person generally does not accrue ULP during the processing, but may easily go out of status if processing extends past the end-date on the current I-94. If the application is subsequently approved, then no problem. If the application is denied, however, the person has been out of status since the previous I-94 expired, but only starts accruing ULP as of the date of the denial!
This is an important distinction, because there is nonetheless a benefit to "not being unlawfully present." The same statute that defines ULP, prescribes that a person who has more than 180 days but less than 1 year of ULP, who departs from the U.S. and seeks to reenter, is subject to a "bar" of 3 years before he or she can reenter. A person with 1 year or more of ULP, is subject under the same circumstances to a 10-year bar.
Waivers of this bar are possible, but they generally require a "qualifying relative" (U.S. Citizen or LPR parent or spouse, not available for everybody) and a showing of "exceptional hardship" to that qualifying relative before the person may be allowed to reenter the U.S. At the same time, a person who has been out of status for years, but has managed not to accrue 180 days of ULP, in theory can, even if not eligible to change, extend or adjust status in the U.S., still process for a visa at a U.S. Consulate abroad. There are all sorts of ways a Consulate can still penalize an overstay with less than 180 days of ULP – Consular officers have a great deal of discretion – but the ULP bar is not one of them.
It is therefore crucial to monitor how many days of ULP a person accrues, even if not being ULP is not the same as being "in status." In this regard, beware of another myth that is unfortunately all too prevalent even inside the Immigration lawyer community: that if an application is denied, and the person seeks an appeal or reconsideration of the denial, the accrual of ULP is "tolled" during the time the appeal or reconsideration is pending. Nothing could be further from the truth. An appeal or motion to reconsider or reopen a denial does not stop the ULP "clock" from running.
It is true that if the appeal or the motion is sustained, the person will retroactively be deemed not to have accrued ULP during that period. But if the appeal or motion is denied, and processing has taken more than 180 days, the person will have accrued more than 180 days of ULP, and perhaps fatally have limited his or her options going forward.
The "takeaway": analyze "status" and "ULP" separately and do not confuse or conflate the two. And monitor days of ULP fastidiously.
It's All Relative: Pitfalls of PERM Labor Certifications for Family
It can be difficult for a U.S. Citizen or a Lawful Permanent Resident ("LPR" – commonly known as a "Green Card" Holder) to help a relative immigrate to the United States.
In the first place, so-called "family-based" immigration limits the types and "degrees" of relatives for whom a citizen or LPR can even apply:
• An LPR can only apply for his or her spouse, child (defined as unmarried and under 21), or unmarried son or daughter (defined as an adult child over age 21).
• Citizens have more options. In addition to their spouses, children, and unmarried sons or daughters, they can also apply (if over 21) for their parents, as well as for their married sons or daughters (and for those individuals'' spouses and offspring under age 21), and for their siblings (and their spouses and offspring under age 21). Hundreds of thousands of people every year do just that.
Conspicuously absent from the list of relative categories, however, are grandparents, uncles, aunts, cousins, nieces, nephews, in-laws, etc., with whom the U.S. person may have a close relationship, but whom he or she simply can't help via family-based immigration.
There are other problems with this family-based "scheme," even for relatives who can be sponsored.
• If an unmarried son or daughter of an LPR marries, any approval notice for that case becomes void.
• Some categories are so backed up that it can take years – literally even decades in some cases – before the relevant visa availability becomes "current." During that time, sponsors and beneficiaries alike can die; couples may get divorced; children can reach age 21 (this is called "aging out") and lose eligibility to immigrate with their parents; and unmarried sons and daughters may marry.
The problem of backed-up family-based immigrant visa availability applies across the board, but is particularly egregious for nationals of Mexico, the Philippines, and in some categories, India. A discussion of the various categories, and charts showing what visa availability dates are current for what countries for the particular month, are found in the monthly Visa Bulletin published by the Department of State (but also applied by the USCIS), which can be accessed here.
One possible solution, if the U.S. person owns, controls or is an influential employee of a U.S. business, might be to try helping relatives who otherwise face a ridiculously long wait on the "family" track, or who don't even fit into any family-based category, through the "parallel" track of employment-based immigration, also shown on the Visa Bulletin.
With the exception of India, China, and the Philippines, most of the visa numbers for those categories are either "current" right now, or are reasonably close to being "current," which means that Immigrant Visa numbers are available, and the person can proceed with final processing.
With the exception of India, even for backed-up categories, nationals of all, or most, countries can expect to see employment-based visa numbers become "current" much faster than numbers for most family-based alternatives. The exception is for people lucky enough to be "Immediate Relatives" of U.S. Citizens – defined as parents (if U.S. Citizen is over 21), spouses, and children (unmarried and under age 21) – for whom there is no visa backlog. But there are times when even the Immediate Relative category can be problematic, as the spouse and children of an Immediate Relative cannot be included on his or filing.
So why isn't everybody trying to sponsor relatives via employment-based processing? There are many reasons. Just for instance:
• Most U.S. Citizens or LPRs don't own, run or control businesses, and aren't in any position to sponsor (or to get anybody to sponsor) any employment-based immigrants.
• Just because someone has a business, doesn't mean that the business is suitable for sponsoring employment-based immigrants.
• Even if it is, the relative the business owner might like to sponsor might not be qualified by education, experience or training for whatever employment the business owner is capable of offering.
But let's assume that the business owner has a business that could hire the relative, and the relative is qualified for the available position. There is still a major problem: the requirements of the PERM Labor Certification process to conduct a "fair test" of the labor market to assure that qualified U.S. workers are not unfairly discouraged or disqualified from applying.
What is PERM Labor Certification?
In most cases, people who want to immigrate based on employment first have to go through a process called "Labor Certification" (under the acronym "PERM") run, not by the U.S. Citizenship and Immigration Services ("USCIS"), but by the U.S. Department of Labor ("DOL"). Labor Certification is in most employment-based cases a prerequisite to the ability to file for a "Green Card."
The regulation (20 C.F.R. § 656.1(a)) requires that the sponsoring employer must conduct certain prescribed types of recruitment aimed at determining that:
"(1) There are not sufficient United States workers who are able, willing, qualified and available at the time of application for a visa and admission into the United States and at the place where the alien is to perform the work; and
(2) The employment of the alien will not adversely affect the wages and working conditions of United States workers similarly employed."
This is commonly referred to as the required "good faith test" of the labor market. If the recruitment process is fair and open to all qualified workers, if no qualified and interested U.S. workers apply for the job, and if the foreign worker is himself or herself qualified, the employer proceeds to apply for a PERM Labor Certification. Once the Labor Certification is "certified" – not by USCIS but by DOL – it is valid for only 180 days. Before the end of that 180 days, the sponsoring employer must file with the USCIS a Form I-140 Petition for Alien Worker, to start the so-called "Green Card" process.
So what's the catch?
The catch? The DOL and the USCIS believe that if the foreign worker is a relative of an owner of the business, or is him/herself a part owner of the business, there is a presumption that the recruitment might not really be fair and open, and that U.S. workers could be disadvantaged. Establishing a fair and evenhanded recruitment process is of the utmost importance. This presumption is rebuttable, but ever-present.
In fact, the ETA-9089 PERM application form (which ultimately is signed under penalty of perjury) specifically asks, in the infamous Question C(9): "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, or incorporators, and the alien?"
If the answer should be "Yes," the employer answers "No" at its (and the foreign worker's) peril. It is not unusual for the USCIS, AFTER a PERM process in which the issue was never even raised, to spot an undisclosed familial relationship or an undisclosed ownership or control issue, and not only deny the PERM-based I-140 Petition, but send the PERM back to the Department of Labor for revocation or invalidation based on a finding of fraud.
Worse, in the past, one could at least argue that distant cousins, in-laws, etc., shouldn't really be included in the (undefined) "familial relationship" rubric. No longer. The Department of Labor has clarified, as of July 28, 2014, that it defines "familial relationship" in the broadest and most inclusive possible terms, to include "any relationship established by blood, marriage, or adoption, even if distant [including] cousins of all degrees, aunts, uncles, grandparents and grandchildren . . . . [and] relationships established through marriage, such as in-laws and step-families."
Disclosing family relationships, or part ownership or control, does not guarantee a denial of a PERM. It does, however, create a high hurdle to clear to establish that the job opportunity is bona fide, and "the job opportunity has been and is clearly open to qualified U.S. workers." It can also attract an "audit" of the filed PERM, delaying the process by a year or more.
On the other hand, NOT disclosing such factors virtually guarantees a denial or a revocation if the true facts are discovered. Other penalties can apply, including debarment from further PERM filings for a period of time.
In our practice, we have been able in a number of cases to convince the Department of Labor that a job opportunity was bona fide, notwithstanding a "Yes" answer to the above question. Regrettably, we have also seen a number of fraud findings and denials (luckily not in any of our cases) when USCIS has been convinced that the employer should have checked the relevant box "Yes" instead of "No."
The "takeaway" is that in a system where family immigration quotas are seriously backed-up, or where there are relatives who can't qualify in any family-based category, it may be worth considering an employment-based alternative. But don't commit fraud, even just by way of omission, in your eagerness to get your relative to the Promised Land, on the assumption that nobody will ever figure out the truth. That is a recipe for disaster.
© Paul D. Cass 2016
"Equitable Tolling" saves Immigrant Worker Petition
Our office last year helped a colleague save an I-140 Immigrant Worker Petition that was rejected by the U.S. Citizenship and Immigration Services ("USCIS") because it had been received too late.
Background: In most cases, people who want to immigrate based on employment first have to go through a process called "Labor Certification." Labor Certification (under the acronym "PERM") is in most employment-based cases a prerequisite to the ability to file for a "Green Card." In this process, the sponsoring employer conducts certain prescribed types of recruitment aimed at determining whether there are any qualified and interested U.S. workers available for the job. If none apply, and if the foreign worker is himself or herself qualified, the employer proceeds to apply for a PERM Labor Certification. Once the Labor Certification is "certified" – not by USCIS but by the U.S. Department of Labor ("DOL") – it is valid for only 180 days. Before the end of that 180 days, the sponsoring employer must file with the USCIS a Form I-140 Petition for Alien Worker, to start the so-called "Green Card" process.
If the employer files the I-140 even a day after Day 180, the filing is rejected and the underlying Labor Certification becomes void. In such cases, the employer has to again start and complete the Labor Certification process, which can take over a year in certain circumstances. Worse, the so-called "Priority Date" – the date the case is placed into the Green Card queue – is irretrievably lost. The difference can be a year or more, and the loss of the original Priority Date can, for a number of reasons, be disastrous to the foreign worker's immigration status.
It is good practice to file the I-140 as soon as possible, and in any case early enough so that if the filing is rejected for any number of non-fatal deficiencies, there is enough time to refile before the dreaded 180 days has elapsed. But sometimes things happen.
In this case, the attorney sent the file to USCIS before the 180th day, and it was even received a few days before the 180th day. However, it was inadvertently sent to the wrong USCIS location. The USCIS has so many different filing addresses, depending on the nature of the filing, that it is easy to send files to the "wrong" location.
In such cases, USCIS practice is usually to send the file on to the "correct" address; but the fees are not accepted, and the case is not actually "filed," until the package is received at the "correct" address. In this case, by the time the file reached the "correct" address, it was past the 180th day, and the filing was rejected as late. Needless to say, potential disaster loomed.
Our office took over and sent the file for filing (to the "correct") address, with a written detailed letter-brief arguing why USCIS should accept the file even though past the 180th day, and excuse the delay, under the principle of "equitable tolling." We were sucessful, in that the case was accepted, and expeditiously approved.
What is Equitable Tolling?: To understand equitable tolling, one must first understand the concept of a "statute of limitations" ("SOL"). An SOL is a statute prescribing a maximum time for taking some kind of legal action. Examples with which readers may be familiar are SOLs prescribing the time period in which a person may file a lawsuit for personal injury, breach of contract, fraud, etc.; or, in criminal law, a time period in which a prosecutor is allowed to charge someone with a particular type of crime. It is generally a complete defense to a lawsuit filed or a criminal prosecution initiated after the SOL has "run." This means that even the best case may be lost, before any determination on its merits, on the technicality that it was filed too late. The SOL for filing an I-140 Petition after a PERM certification is 180 days.
In some cases, however, an SOL can be "tolled," meaning that the SOL is considered to have stopped, or ceased to run, for some period of time which can be added on to the SOL date. For example, a minor's time to file a personal injury lawsuit may be "tolled" until he or she reaches adulthood; an SOL for fraud may be "tolled" during the period in which the defrauded party could not reasonably have discovered the fraud; and so forth.
The U.S. Supreme Court has declared that there is a presumption, "read into every federal statute of limitation," that the Equitable Tolling doctrine may apply. Holmberg v. Armbrecht, 327 U.S. 392, 397 (1946). All Federal Circuits, including our own Ninth Circuit, are in agreement.
There are two problems with this potentially generous exception.
(1) It is not applied just because a party failed to comply with the SOL and now wants relief. The applicant who wants "equitable tolling" to apply still has to show "due diligence" (i.e., "I tried"), and in general circumstances beyond his or her control, and to convince USCIS of the likelihood of severe prejudice by a refusal to process the matter on its merits.
(2) It applies only to what USCIS regards as a true SOL. It DOES NOT apply to what USCIS considers a "statute of repose."
What the heck is a "Statute of Repose"?: A statute of repose ("SOR") is an ironclad, no-exceptions SOL which imposes a strict deadline regardless of whether or when an affected party has been injured, has discovered injury, or even could have discovered injury, or has any kind of excuse for acting later than the date set by the statute of repose.
One of the best-known SORs in Immigration Law is INA section 245(i), which allows certain people who were the beneficiaries of certain types of immigration-related filings to apply for immigration benefits even if not "legally" in the U.S. For a person to enjoy the benefit, the underlying filing has to have been filed not later than April 30, 2001.
Another well-known example is the two-year deadline for a spouse or child of a U.S. Citizen or Lawful Permanent Resident, "who has been battered or has been the subject of extreme cruelty" perpetrated by that spouse, to self-petition for adjustment of status under the Violence Against Women Act ("VAWA").
Unless some kind of tolling is actually written into an SOR, no excuse, however heart-breaking, be it ignorance, incompetence of a lawyer, or even natural disaster preventing filing, is accepted for a late filing after the "drop-dead" date of the SOR.
There are a number of other SORs in Immigration Law. Unfortunately, there is no handbook that tells practitioners or applicants what is an SOR and what is just an everyday SOL. Research into case law and commentary is necessary to determine whether Courts have ruled on the "statute of repose" issue anytime a party seeks to invoke equitable tolling. Fortunately, USCIS did not raise the SOR issue in this case, and simply accepted the check for the filing fee without comment.
The lesson to be learned is that if there are definite dates by which Immigration-related documents must be filed, they must be calendared and complied with. The Immigration practitioner or the DIY applicant must always check to see that documents are being sent to the correct address, and that if filing fees are required, those fees are in the precisely correct amount (as USCIS will reject filings with payments that are too little OR too much). But if the deadline is missed for some reason beyond the applicant's control, always at least explore the possibility of "equitable tolling" before throwing in the towel!
Why bother becoming a citizen? Or, what's in it for me? (Part 2 of 2)
In Part 1 of this blog post, we explored 5 reasons why a Green Card holder should seriously consider becoming a U.S. Citizen, in addition to the right to vote in elections (and despite the necessity of having to perform jury duty, which is not required of or possible for Green Card holders).
Here are 5 more significant reasons, again in no special order of importance.
• Automatic citizenship for your children born abroad, under certain circumstances
We all know that under the 14th Amendment, your children born in the U.S. are automatically U.S. Citizens. But what about your children born abroad? Under certain circumstances, if you are already a U.S. Citizen, they can be U.S. Citizens at birth; and if you become a citizen, they can naturalize automatically ("by operation of law").
If you are a U.S. Citizen who, before your child's birth resided in the U.S. for a total of at least 5 years, at least 2 of which were after age 14, AND child was born "in wedlock," your child is a U.S. Citizen by birth, even if born abroad. (There are special requirements for children born out of wedlock, beyond the scope of this post.) Not so with children of LPRs.
Similarly, if you are a U.S. Citizen and obtain a "Green Card" for a child under age 18, who lives in your "legal and physical custody" after getting the Green Card, the child automatically becomes a U.S. citizen "by operation of law," under the terms of the Child Citizenship Act, codified at Sections 320 and 322 of the Immigration and Nationality Act ("INA").
If you are not yet a citizen when your child is under age 18, but become a citizen before the child's 18th birthday, the child, if living in your "legal and physical custody," likewise becomes a U.S. citizen automatically "by operation of law," under the terms of the Child Citizenship Act.
None of the above works unless you are or become a U.S. Citizen.
The provisions of the Child Citizenship Act apply to your adopted as well as your natural-born children, as long as the adoption was completed before the child's 16th birthday, and complied with applicable laws pertaining to adoption-related immigration. Unfortunately, they do not apply to your stepchildren because of the way "child" is defined in Section 101(c) of the Immigration and Nationality Act.
• Certain jobs and benefits are available only to U.S. Citizens
Green Card holders are allowed to work in the U.S. But that doesn't mean that they are eligible to work in every occupation or position. In many cases, the so-called "equal protection" Clause of the Fourteenth Amendment (which provides that no State shall "deny to any person within its jurisdiction the equal protection of the laws") prevents discrimination against non-Citizens. However, there are important exceptions, especially for government employers, which allow government employers to insist that only U.S. Citizens may perform certain jobs, as long as they can show "some rational relationship between the interest sought to be protected and the limiting classification."
The Supreme Court has heard many challenges to such restrictions and in some cases has sided with the governmental body that has imposed that restriction. It may surprise you to learn that the Supreme Court has upheld a New York requirement that public school teachers must be citizens or "[have] manifested an intention to apply for citizenship" (Ambach v. Norwick, 441 U.S. 68 (1979)) and another New York state requirement that its state troopers must be citizens (Foley v. Connelie, 435 U.S. 291 (1978)). There are other such holdings. (Surprisingly, a Connecticut requirement that lawyers must be citizens was shot down! In re Griffiths, 413 U.S. 717 (1973).)
Such restrictions are few, but education and law enforcement, and government employment in general, are popular occupations. And remember that this exception applies not just to the Federal government, but also many state and local governments.
In addition, certain coveted jobs, or consulting contracts, that entail access to classified information, may require high-level security clearance which is available only to U.S. Citizens.
Finally, although Green Card holders are eligible for many Federal grants, scholarships and student loans, there are still many financial aid grants, including college scholarships and funds given by the Federal government for specific purposes, which are available only to U.S. citizens.
• Some government benefits are available only to Citizens
Nobody wants to go on welfare or other forms of public assistance, but sometimes it's unavoidable and necessary. Many welfare or other so-called "means-tested" public benefits programs may be made available to Green Card holders as well as Citizens. But if a Green Card holder becomes what is called a "public charge" for receiving such benefits, his or her status can be jeopardized, and the Green Card holder or any person who "sponsored" the Green Card holder for the Green Card, might be compelled to repay the benefit. There is no such restriction or requirement for U.S. Citizens.
Aside from the fact that Supplemental Security Income ("SSI") is a "means-tested public benefit" as discussed above, not all LPRs are "qualified aliens" eligible to get SSI in any case. In general, only an LPR with at least 5 years of residence after obtaining Green Card AND 40 qualifying quarters of earnings (in which may be counted work done by your spouse or parent(s)) is eligible for SSI. There are some exceptions generally not germane here; and there is some limited (7-year) SSI eligibility for refugees, asylees, a few other limited categories; but in general, SSI is for citizens.
Another important limitation of benefits for Green Card holders involves Medicare Part A. A person who has been an LPR for less than 5 years is not eligible for Part A. Even thereafter, the LPR may have to pay a premium. Since Part A covers such benefits as hospital care, skilled nursing facility care, nursing home care, hospice and home health services, this is an important benefit.
• Ability to obtain U.S. passport, and to seek protection of the U.S. Government abroad
Only a U.S. Citizen can obtain a U.S. passport. Having a U.S. passport usually makes return to the U.S. easier. A U.S. passport may also make travel to many (not all) foreign countries easier, since many foreign countries have easier visa processes for U.S. Citizens, and sometimes even waive visa requirements for U.S. Citizens.
If you get into trouble while abroad, every U.S. Consulate has a Citizenship Services section devoted to helping U.S. Citizens abroad. The Consulates cannot always solve the problems of the U.S. Citizen who seeks their help, but frequently they can.
• A surprise benefit in estate planning
One little-known benefit of citizenship is in estate planning. The government imposes pretty high taxes on estates valued over a certain amount. As most people know, each spouse gets a large "exemption" before estate taxes kick in ($5.45 million per spouse in 2016), and in general, when one spouse dies, the deceased spouse's "exemption" is "portable" to the estate of the surviving spouse, meaning that a married couple gets a total exemption of $10.90 million before any estate tax kicks in. This portability is coupled with what is known as the "unlimited marital deduction," which allows the first spouse to die to leave any amount of money to the survivor, completely free of estate tax. This at a minimum allows for deferral of estate taxes. It applies, however, only when both spouses are U.S. Citizens.
This estate tax exemption is "unified" with the so-called "gift" tax, for which there is a similar large exemption, but all gifts to anybody over $14,000 per year can count against the exemption, meaning that a person's estate may be more likely to have to pay taxes in certain circumstances. There is a big "hole" in this system: one U.S. Citizen spouse may give his or her U.S. Citizen spouse unlimited gifts every year, without any gift tax concerns. However, if the spouse getting the gift is not a U.S. Citizen, the amount that can be given without gift tax consequences is only $148,000 a year (in 2016, indexed for inflation). This is not a problem a lot of people have. But for those who do, it can be a big deal.
Estate taxes on an individual exemption of $5.45 million also are, in general, not due until the second spouse dies. However, if the surviving spouse is not a U.S. Citizen, estate taxes, if applicable, may be due upon the death of the first-to-die spouse. There are only two ways around this problem: either the surviving non-citizen spouse must become a U.S. Citizen within a comparatively short time prescribed by law; or the surviving non-citizen spouse must set up a special kind of trust known as a Qualified Domestic Trust or "QDOT."
With a QDOT, the first spouse's assets go to the trust instead of to the surviving non-citizen, who can receive some benefits from the QDOT, but can't own the assets. When the non-citizen spouse dies, the assets in the QDOT, which are not part of the estate of that non-citizen spouse, pass to the other beneficiaries named in that trust. Note that at least one of the trustees of the QDOT must be a U.S. Citizen; and if the QDOT's assets are over $2 Million, at least one trustee must be a U.S. bank, or the trustee must pay the expense of a bond to protect the value of the QDOT.
The actual mechanics of the QDOT requirements are complex and severe, and beyond the scope of this discussion. The "takeaway" however is that estate planning for a married couple is much easier, and the couple will almost certainly enjoy more tax-exempt or at least tax-deferred benefits, if both spouses are U.S. Citizens.
Predictably in a Presidential election year, the U.S. Citizenship and Immigration Services ("USCIS") is being flooded with applications by Lawful Permanent Residents ("LPRs" – commonly known as "Green Card" holders) to naturalize so they can vote. Voting is a precious privilege of citizenship – although one all too many citizens don't even bother to exercise. It is one of the best reasons to become a citizen, but hardly the only one.
As an Immigration lawyer, I'm frequently asked by clients why they should bother becoming a citizen. We know the obvious disadvantages:
• It costs money ($680 filing fee right now, and soon to rise again)
• It takes time (although these days, usually only a few months)
• There is some minimal studying of U.S. history and government involved, which frightens some people
• There is some minimal knowledge of written and spoken English required
• Some nations don't recognize dual citizenship, and if a national of one of those countries naturalizes, he or she might lose the other citizenship
• Maybe worst of all for many of us, citizens are the only ones eligible for jury duty. And nobody really likes jury duty, unless there's a tell-all book to be written. Judges always tell jurors that jury duty is one of the great privileges of citizenship, but THEY get paid if they have to report for it. Most of us don't.
As an LPR, you are allowed to live and work in the U.S. And you are allowed to travel abroad and return using just the Green Card (not even a passport, which U.S. Citizens are required to use!).
So, why should you become a citizen? Here are five reasons, in no particular order:
• No renewal required
Green Cards have to be renewed every so often (usually, every 10 years). The cumulative cost of doing that, and the inconvenience, ultimately outstrips the cost of acquiring citizenship.
And renewal isn't automatic. If you have committed certain crimes in the interim, USCIS can actually institute removal proceedings to strip you of the Green Card, and remove you from the United States. If you have stayed outside the U.S. for too long, or have, in the Service's opinion, noit acted like a Permanent Resident, the Service can seek to take away your Green Card under a vtheory of "abandonment."
If you don't renew your Green Card, you're still legally an LPR. However, an expired Green Card may not be used as evidence of eligibility to work, or to reenter the U.S. after travel abroad.
Citizenship doesn't have to be renewed. It CAN be taken away if you lied to get it and the government finds out about it, or if you do one of the few "intentional" acts that the law (Section 349 of the Immigration and Nationality Act) says may result in loss of nationality, such as treason, serving in a foreign government, serving in a foreign army during times of hostility between that country and the U.S. And being a citizen is no guarantee of getting your passport renewed if you are on probation for certain crimes, owe more than $1500 in child support payments, are wanted on an arrest warrant, are currently summoned to appear in court, are currently in jail, or have serious felony issues. But in general, unlike a Green Card, citizenship is forever, you don't lose it even if you commit a crime (see below) or stay outside the U.S. for a long time, and you can't lose it involuntarily.
• No need to carry around proof of status
Although very few people know this, there is actually a law that makes failure to carry your Green Card with you at all times a misdemeanor crime. Section 264(e) of the Immigration and Nationality requires all LPRs to have official evidence of LPR status "at all times." Failure to do so carries the possibility of a fine of up to $100, and jail for up to 30 days. This scenario is not an everyday occurrence, but it can and does happen. See this account of one woman detained for 5 hours by the Border Patrol for just this reason.
A U.S. Citizen, by contrast, has no legal obligation to carry identifying documentation proving citizen status, except when entering and exiting the U.S., and seeking certain benefits that require proof of citizenship.
• No worries about long trips abroad
Many Green Card holders have business interests, family responsibilities or other matters abroad that require them to spend long periods of time outside the U.S. This is contrary to the principle of being a "permanent resident," who is expected to spend most of his or her time in the U.S. There is always a risk of being found to have "abandoned" permanent residence if a Green Card holder stays out too long on any one trip, or has frequent shorter absences.
In fact, one of the most frequent questions most Immigration attorneys get from their Permanent Resident clients is, "How long can I stay outside the U.S. before I have problems?", followed closely by "How frequently do I have to come back to the U.S. so as not to jeopardize my status?" I can't speak for other attorneys, but my clients are inevitably dismayed when I tell them that there is no magic formula, and that any perceived pattern of not acting like a Permanent Resident can trigger a stern warning, if not worse.
The question simply does not arise for a Citizen. A U.S. Citizen can live outside the U.S. all the time, if he or she so desires. In general, a U.S. Citizen can even collect U.S. Social Security while living abroad in most countries; Social Security payments to any LPR living abroad stop after 6 months abroad, and don't restart until the LPR has been back in the U.S. for at least a month. Of course, citizenship does not relieve a person of the obligation of paying income taxes on all income, worldwide, since the U.S., alone among developed countries, imposes that requirement on all tax "residents," be they citizens, Green Card holders, or even in many cases long-term nonimmigrants. But a citizen, unlike a Green Card holder, can stay out indefinitely without worrying about endangering or losing status.
• No deportation of U.S. Citizens
The government can and does deport ("remove") Green Card holders, for a whole host of reasons, not all of which are intuitively obvious. There's a whole statute, with lots and lots of subsections, devoted to just that. (Section 237 of the Immigration and Nationality Act). And not just a few Green Card holders, but thousands every year – many of whom may have committed "youthful indiscretions" and have turned their lives around, and may realkly know no other country of residence than the U.S. And laws can change, redefining without warning what makes a person removable. Many people, correctly or not, are worried that grounds for removal of "aliens" from certain countries may be expanded, and enforced vigorously, depending on the outcome of this year's Presidential election.
Citizens convicted of even the most heinous of crimes can be punished, but not removed. Obviously, nobody should be committing crimes, and a person should never think of citizenship as a "license" to commit crimes. But it's reassuring to know that if a citizen, unlike a Green Card holder, slips up and commits a crime, it's not going to mean a one-way ticket to a country where, in all likelihood, he or she is a stranger and at a huge disadvantage – AFTER serving his or her time.
• There are more possibilities for citizens to bring over family members.
Many people want to reunite their families: parents, children, siblings. There are a lot more opportunities for a U.S. Citizen to do so.
There are precisely three categories of relatives whom an LPR may sponsor: (1) spouse of an LPR; (2) child (defined by law as under age 21 and unmarried) of an LPR; (3) UNmarried son or daughter (defined as being age 21 or older) of an LPR. No parents, no MARRIED children, and no siblings. If you want to sponsor a parent, a married son or daughter, or a sibling, you have to be a citizen.
In addition, although the prospects for any kind of Comprehensive Immigration Reform appear dim at present, you should know that the last time it was debated seriously in Congress, there was a sentiment that Immigrant Visa categories for siblings, and perhaps even for married children, of U.S. Citizens should be discontinued. The clock is ticking on what anti-Immigration types derisively refer to as "chain" immigration. If there's a chance that you might want to apply for a sibling or married child, it makes sense to do that sooner rather than later – and the first step is to become a citizen.
Don't forget that there is no visa backlog for Immigrant Visas or Green Cards for spouses and children of U.S. Citizens, referred to as "Immediate Relatives." There IS a significant backlog for so-called Family-based "2A" Second Preference spouses and children of LPRs, and an even more significant backlog for "2B" unmarried sons and daughters of LPRs. (There are special cases where an unmarried son or daughter may be better off if the parent doesn't naturalize; but even in most of those cases, the son or daughter can still "elect" to be treated as the son or daughter of an LPR — as long as he or she doesn't marry!)
Finally, Immediate Relatives enjoy certain benefits in adjusting to Green Card that so-called "preference" immigrants don't: (1) an Immediate Relative (spouse or child of a U.S. Citizen, or parent of an adult U.S. Citizen) can adjust status to LPR inside the U.S., assuming lawful entry, even if he or she is no longer "in status" or has worked without authorization; (2) Immediate Relatives who have entered the U.S. with the so-called "Visa Waiver" are the only Visa Waiver entrants (other than those claiming Asylum) allowed to adjust status inside the U.S.; (3) as noted, an Immigrant Visa is "immediately available" – no "queue"; and (4) for purposes of preserving a child's age under the Child Status Protection Act, a filing by a citizen for his or her child under age 21 preserves the child's age as under 21 for the duration of the process, even if the child subsequently turns 21 before completing the process.
• Ability to run for public office
Not everybody wants to run for or hold elected office. But if you do, you have to be a U.S. Citizen. There are currently 17 foreign-born members of Congress – most of whom are naturalized U.S. Citizens – and numerous naturalized U.S. Citizens holding state, county and local offices.
Paul D. Cass, Attorney at Law
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Q: Fast Median Filter in C / C++ for `UINT16` 2D Array Does anyone know a fast median filter algorithm for 16-bit (unsigned short) arrays in c++?
http://nomis80.org/ctmf.html
This one seems quite promising, but it only seems to work with byte arrays. Does anyone know either how to modify it to work with shorts or an alternative algorithm?

A: The technique in the paper relies on creating a histogram with 256 bins for an 8 bit pixel channel. Converting to 16 bits per channel would require a histogram with 65536 bins, and a histogram is required for each column of the image. Inflating the memory requirements by 256 makes this a less efficient algorithm overall, but still probably doable with today's hardware.
Using their proposed optimization of breaking the histogram into coarse and fine sections should further reduce the runtime hit to only 16x.
For small radius values I think you'll find traditional methods of median filtering will be more performant.

A: Fast Median Search - An ANSI C implementation (PDF) is something for C, it's a paper with the title "Fast median search: an ANSI C implementation". The author claims it's O(log(n)), he also provides some code, maybe it'll help you. It's not better than your suggested code, but maybe a look worth.

A: std::vector<unsigned short> v{4, 2, 5, 1, 3};
std::vector<unsigned short> h(v.size()/2+1);
std::partial_sort_copy(v.begin(), v.end(), h.begin(), h.end());
int median = h.back();

Runs in O(N·log(N/2+1)) and does not modify your input.

A: This article describes a method for median filtering of images that runs in O(log r) time per pixel, where r is the filter radius, and works for any data type (be it 8 bit integers or doubles):
Fast Median and Bilateral Filtering

A: See equations 4 and 5 in the following paper.  The complexity is O(N*W) where W is the width of the filter and N is the number of samples.
See Noise Reduction by Vector Median Filtering.

A: I know this question is somewhat old but I also got interested in median filtering.  If one is working with signals or images, then there will be a large overlap of data for the processing window.  This can be taken advantage of.
I've posted some benchmark code here: 1D moving median filtering in C++
It's template based so it should work with most POD data types.
According to my results std::nth_element has poor performance for a moving median, as it must sort the window of values each time.
However, using a pool of values that is kept sorted, one can perform the median with 3 operation.

*

*Remove oldest value out of the pool (calls std::lower_bound)

*Insert new value into pool (calls std::lower_bound)

*Store new value in history buffer

The median is now the middle value in the pool.
I hope someone finds this interesting and contributes their ideas!