When my mother died, she left everything except a cookie jar (sentimental value, only) to my brother and sister, including the home. The home has been foreclosed on. Despite not appearing on the title or being granted anything of value in the will, I have been named a party defendant in the action by the mortgage company. Do I have any liability?
You will if you do nothing about it. You should speak to an attorney about getting removed from the suit. Call me at 1-855-9-JEFLAW to discuss
If a remote employee expenses home internet and cell phone bills with work, does that automatically make it a "company resource"?
It would depend upon how the expression "company resource" is defined in the working relationship between the employer and employee. I would be inclined to think that if the employee is billing not only the per-message usage charges, but also the fixed periodic cost to have the service available, then it probably becomes a "company resource" even if the account is in the employee's name. In any case, if the employee here values the business relationship with the employer, this issue should be negotiated civilly until an understanding is achieved.
What is the responsibility of a foreclosure company to see that superior liens are paid prior to the person foreclosing upon a real property getting the property transferred into their name? Apparently the foreclosure company was well aware of state and federal liens upon the owner of the property, but those liens remain unpaid after the real property was transferred into another person through a foreclosure company. I am wondering about the foreclosure company being complicit in a scam to move the property out of reach of the creditors - am I correct this should not be allowed?
No. You are entirely mistaken. The foreclosure company has absolutely zero obligation to do anything about any liens, senior or junior. All the foreclosure company is obligated to do is convert the deed of trust being foreclosed into a foreclosure deed to the buyer at the sale. This automatically wipes out any junior liens and inserts the buyer in the chain of title at the place of the lender. That's it.
You also appear confused regarding how liens work. Once a lien has attaches to property, it stays attached until paid or foreclosed. So you can't put property out of the reach of creditors by transferring it to another person. The transferee just winds up having to pay the debt or get the original debtor to do so, in order to clear the title of the senior liens.
My husband has been asked to write a letter to revalidate his I-130 and to reinstate his visa for not being in contact with the consulate for over a year. If his case is permanently closed can he be deported if we start from scratch? He has no criminal background and he came in without inspection as a child.
You may want to have a lawyer review the case for a whole bunch of issues that I can see including his ability to apply for DACA and possibly DAPA (assuming the Fifth Cir overrules Judge Hanen) and then whether or not you have an I-601A that's been approved and if he's been in removal proceedings. Not to mention possibly needing to reinstate an I-130 approval. Too much to handle on a message board. Hire counsel.
My niece was just arrested in Panama City Beach on spring break. She is 21. She agreed to let them search her car which they found one gram of marijuana. SHe had alcohol in the trunk and 19 and 20 year old girls in the car. They let the other girls go, dumped out the alchol and charged my niece with possession and she can't get out til tomorrow. If it is a misdemeanor then why did they put her in jail. Also should she have submitted to the search or asked for a warrant.
She is facing up to a year in jail and a one year license suspension. She probably should not have consented, but it's too late for that now (although for the future NEVER consent). For now, she needs to get an attorney in the Panama city area so that she can avoid some of those serious consequences.
I got two DUIs 8 years apart. The last one was in 2009. The judge gave me a huge fine, 90 days in county jail and five years state parole, but county supervise. I am done with all of it. I don't have no felonies, other charges, alcohol problem, drug problem or been in a mental health care. I been wanted a firearm and LTCF for defense and range purposes. I learned basic handgun skill and been to the shooting range. The reason why is to make sure that this is something I wanna get into before buying an carry a handgun. I wanna purchase a firearm, but I don't know if the DUIs is going to effect it. Need advice and opinions about the law in Pa. So I can understand before purchase a firearm.
You were sentenced on a misdemeanor of the first degree with a maximum penalty of five years. It would be illegal for you to possess a firearm.
I live in Las Vegas I like to modify a child support which is been ordered by court in Bayamon Puerto Rico. Is there a lawyer in Las Vegas who can do it?
Where does the other parent live? If not in Nevada, there is no jurisdiction over that parent.
I work for a major school system in the state of GA. Recently, our Principal told the staff (through a letter) the dress code would be changing for the upcoming school year. Basically we will not be allowed to wear shoes which do not have a strap around the heel. And sandals are not permitted either. She claims this is to keep us from wearing flip flops.
I have checked the County Personnel Handbook, and it is very vague in regards to dress code. It only says "The expectation of the Board is that all staff members dress in a professional manner. Dress should be appropriate for the position."
My question is: Can she really dictate what type of shoes we wear? I know it sounds silly, but I am on my feet all day and most of the types of shoes she is referencing are too uncomfortable to wear to school.
I think your position is unreasonable and the school system is correct.
Flip flops make a lot of noise. They are disruptive. I sit part time as a judge and we prohibit them in our court for that reason.
There are many options as to comfortable dress shoes.
I have been harassed and vandalized and have been trespassed upon on my property by my neighbours guests. it has made me and my family live in fear, please help me........
In Ohio you would be best off by reporting these matters to the police. If the police do not intervene, then you would be best advised to go directly to the prosecutor's office and show them the evidence you have to support these allegations.
I am on h4 visa eligible for an EAD under new rules effective May 26th 2015
I have quick question on question #16 of I-765 form.
I.e. What category should I fill in for h4 spouses eligible for EAD
THANK YOU SO MUCH IN ADVANCE FOR YOUR HELP.
Good question. I do not see that 8 CFR 274(a.12) has been amended yet to include this class (nor have the instructions to Form I-765 been amended to include this). I would leave it blank but make a note of it in your cover letter, or call USCIS (although I highly doubt they will be able to provide you with an adequate answer).
Hello Law Guru,
I have a long term commercial lease at a marina in California. I signed this lease roughly 4 years ago and put fourth a great deal of money to make this happen. Since this time the owner of the Marina walked away and there is now a hard money lender who will soon step in and take over the marina. My lease was signed some time prior to this money lender getting involved. I have in no way violated my lease but hear that I will soon be getting an unlawful detainer as an attempt to clear the marina for a new concept. My question is. How will this likely play out if I represent myself vs. Hiring an attorney? Will the terms of my lease be taken into consideration or is the legal system one sided on this subject?
You may have some rights against the 'hard money' lender you refer to in the fact scenario.
I think you need to have a consultation with an experienced attorney in the area of real estate / unlawful detainer matters. If you are interested in speaking with an attorney that can explain to you your rights and responsibilities in your particular matter, contact our office at (888) 790-5053 and/or visit our website at www.coronacalawyer.com
iwant a divorce but dont have the money how could i get my belongings without any peoblems and a divorce but we do not have any childrens together.
Contact the Mediation Center of Savannah and try their Pro Se class. It will help you figure out what you need to do to get divorced.
Can I legally buy vehicles, or equipment from a company that will be soon filling bankruptcy?
You can, but you may find out the vehicles and/or equipment are encumbered by liens. And any transactions close to bankruptcy are subject to review by the bankruptcy trustee.
As a business, can I copyright earrings I have made with crystals and findings (links, bails etc) that are purchased but I have arranged/designed? I want to protect someone just looking at them and starting their own business with these designs.
If so how do I go about doing this?
I have 130 sets (earrings & matching pendant) what would be the best way to go ?
Thank you,
Fort Worth, Texas
There is automatically a copyright if it is your technique and design.
However, you can also register the design.
I would suggest that you do this the right way: hire a qualified business attorney who can set up your company, prepare disclaimers, prepare and file to register your copyright designs, etc.
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Goldstein & Scopellite, PC has qualified Litigation attorneys and Business lawyers available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.
Trying to find out who the original creditor is for a default judgment, but the collection company is unreachable and their attorney has since retired. How can I get this judgment either removed, or how do I even know it is mine?
It doesn't matter who the original creditor is, it matters who has the judgment against you. If their attorney has retired, then someone had to take his/her place. Contact a consumer attorney, they should be able to find out who the new attorney on the claim is.
If there truly is no attorney, and no one to pay, then you could try a motion to strike the judgment, advising the court that you want to pay but there is no one to take it.
Again, you need a consumer attorney. Most of us give free consults.
I agree with Attorney Artim. It does not matter who the original creditor was. Debts can be sold at any time, either prior to a lawsuit or even afterwards. Whether the judgment can be challenged at this stage is a different matter. And you cannot get the judgment removed if it was properly entered against you. If it was not your debt (like in the case of identity theft) you would need to file a motion to set aside/open the judgment. Assuming it is granted you would then have the opportunity to prove its not your debt.
If you cannot challenge the judgment or if it was your debt, then your only option is to resolve the debt. Depending on how much the judgment was for it may or may not make sense to even challenge it. But you have to do the cost-benefit anaylsis.
Court records are public records. I would begin by going to the county where the judgment was entered and make a complete copy of the court file. The file will include the summons and complaint, including a return of service (showing how the complaint was served and when) as well as any attachments to the complaint like a credit card statement or bill of sale. The complaint or an attachment thereto usually will identify that this was for a credit card debt and will often identify the last four digits at least of the card number and the original creditor. However, companies like Citi or GE/Synchrony offer credit cards for lots of creditors - Sears and Home Depot are both issued by Citi for example, and GE/Synchrony issues Lowe's, JC Penney and other store cards. So the complaint may not tell you specifically what store the card was for and just may say Citi or GE/Synchrony.
Take the file to a consumer attorney and have the attorney review it to best see what all is involved and your options for resolving the debt.
The 5 year protective order over my ex is expiring this year and I wonder if I were to try to approach him afterwards if this would be an infraction and he could renew the RO against me?
Be absolutely sure the existing order lapses and have that order carefully reviewed by an experienced family law attorney.
In a nutshell, I found this ad under the casual section of craigslist where this woman wanted to find people who have a breastmilk fetish. I contacted her and said I'd be interested but she said she would require a donation. I then asked her if I can take it from the tap (suck it out if you know what I mean) and she seems to be okay with that. If I go over to her place and do all of this and pay her, say $20, would that be classified as prostitution? If it makes any difference, I live in Ohio.
No. Kind of weird though but whatever makes you happy.
Trying again, just in case. I asked this question already, but didn't receive confirmation. So... If someone did not respond within the 20 days allowed on form POS-015 Notice and Acknowledgement of Receipt, what do we do next??? Attached forms were citations: RI-A810 Freedom from Parental Custody and Control, and RI-A821 Adoption. There was also an self-addressed stamped envelope included.
You might just have to personally serve the individual, preferably by registered process server or by a disinterested person, and file the proof of service with the court. At the appropriate time, you could then ask the court to award you the costs incurred for service of process.
Since the recipient did not sign and return the Notice and Acknowledgment, the papers have not been served. You will need to serve the papers another way.
My mother died with a NH will leaving me the executrix and any assets to her six grandchildren. She was living in Florida as I am. When all was settled with medical bills which were not much, she had only about three hundred dollars left and one really worthless undeveloped piece of land in Florida on a dirt road estimated value of $3,000 tops which we had listed for sale prior to her death. Other than pay the taxes on this property which are approximately $30 per year (I take the money out of the three hundred) I have done nothing with her estate. What do I need to do? Can we market this property as it is still in her name and distribute to the grandchildren if it sells? D I need to somehow out it in their names.
You must probate the will to sell the real estate. Then divide the assets after paying liabilities.
This would qualify as a small estate in Florida.
The property in Florida will need to go through probate. Because of the small value, you should be able to do this through Summary Administration (a less expensive and abbreviated form of probate). Florida law will require a Florida attorney to handle this for you if there are multiple beneficiaries. The process will take approximately 4-6 months (perhaps less time) as long as no complex issues are encountered. The cost you can expect to pay is approximately $1,200 to $1,500. Should you have further questions or require assistance in this matter, please feel free to contact me. Otherwise, any other probate attorney in Florida can handle this matter. You will have to probate the property before you can sell it. You cannot sell it in her name as she would need to be alive to sign the deed.
You have to probate the Estate to clear title on the property. As you can see from the above there will still be a sizable cost in relationship to the asset. You cannot avoid it if you want to transfer the property.
Sorry for your loss. Yes as the other attorneys have stated, you will have to probate the estate. Because of the size of the estate, you very well could do a summary administration. Please let me know if I can be of assistance.
had a situation at work were another employee was sitting at a desk i sat at for the pass 6yrs i asked for my desk and she got in my face at that time i was sent home by my supervisor who said she would call me back my supervisor has been harrassing me for at least 5 of the years i've worked for the company i then left my place of employement and went to my doctors office under stressed and my doctor took me off work for 2 weeks and faxed the excuse to my supervisor. the folllowing day i received a voice message from my supervisor stating that i've been terminated from my duties of 6years do to my doctors reason for excusing me from work... mind you my supervisor sent me home because of the altication can i be terminated for such reason? is this an unlawful termination?
My first piece of advice is to KEEP THAT RECORDING. Make a copy of it if you can. Hold it up to a recording device and make sure to also record the date and time of the message.
If that recording says you are being terminated because of your doctor's note taking you off work, then you may have a very good case of disability discrimination. I cannot give you a full assessment of your legal remedies without knowing more, but you need to speak with a plaintiff's employment law attorney immediately. My office handles these types of cases and only represents employees against employers for discrimination, harassment, retaliation, and wrongful termination.
Please call my office at (213) 536-4236. You can also email us at [email protected]/* */, or you can go to our website, www.sarnofflaw.com, and complete our confidential online case evaluation questionnaire. This form has questions that will focus your story and help us better evaluate your situation.
can a tenant sell animals that are on my property if i bought them
You are going to have to provide more information.
can I right my own will and will it stand up in court in Illinois, and is a life time dowry still legal in Illinois. thank you
If you are asking, is it possible, the answer is yes. If you are asking, is it a good idea, the answer would depend on your level of expertise. Likewise, it is possible to perform medical procedures on yourself, but it is not necessarily a good idea.
There is not anything that prevents your from preparing your own will. That said, I have encountered more than a half-dozen such wills and not one of them was done correctly. For some, it worked out because it happened that everything went right, but there was room for disaster. For others, the wills would not have been admissible as the formalities were not followed. For others, the wills accomplished what the author wrote, but my anticipation is that an attorney would have helped the author think through the consequences and perhaps do things differently.
You may leave a life estate, if that is what you mean (the term dowry is out of date), but a lot of thought should be put into the matter.
If you have property to leave to someone, then you should be able to pay a modest fee to receive advice and have a document drawn up correctly. This may turn out to be a question of you paying someone a modest amount now or your estate paying someone a large amount to sort out issues you create by doing it yourself.
In Indiana, a father invented a hand tool and got it patented, and then his son talked him into signing an incredibly one-sided exclusive licensing agreement that he downloaded from the internet and edited himself. The original contract had an option to terminate by licensor (father), but the son deleted it among other things.
The father wants out of the contract, and the son will not let him. There is no exit clause, but the son has breached the contract several ways. It says the son will provide quarterly reports, which he has not done. It says he will provide a business plan, which he has also not done. The contract also stipulates that improvements to the patent will be paid for by the son, so I told the father to stick a GPS on the side of the tool and force the son to patent it...repeat until he exits.
What is the cheapest/easiest way to get out of it? I can show damages of around $120,000 according to the son's numbers he has provided. The father doesn't want any money from his son, he just wants the contract invalidated. I was thinking Indiana has small claims court with a $6k limit. The father could sue in small claims for breach of contract. Does a small claims judge have the power to rule a contract invalid?
Assuming this is an Indiana case: This is not going to be solved in Small Claims Court if you have damages of $120,000.00. Small Claims Court may not have jurisdiction because of the fact that the invention is going to be valued at more than $6000 by both sides, so even if damages are not shown to be that much, you may have to file in Circuit or Superior Court.
The solution is to find a lawyer who can file for breach of contract and seek to rescind the contract on equitable grounds.
I agree with Voyle. I also suggest that not only do you seek rescission, but also seek damages. Since the father does not want damages, he can negotiate it away in exchange for rescission. He should hire counsel as he has already been burned without one.
I owe a credit card company $17,000.00. The minimum payment is $320.00 per month. My only source of income is my social security at $560.00 per month. What should I do?
Social Security cannot be garnished. It depends on what else you own and if you are married. I may have some options for you. If you want to discuss this via email in confidence (email consults are free) then contact me at [email protected]/* */
Are there any daily or weekly limits on the amount of hours a salaried employee can be made to work?
Can employees be required to be available 24/7, including weekends? Are there any limits at all?
Can they require 16-18 hours per day?
Is there any point where this becomes a health/safety issue?
What if the amount of hours dilutes the pay until its less than minimum wage?
Thanks much.
Same answer as before. Minimum wage and overtime do not apply to salaried workers.
The point where it becomes a health issue is completely on a case by case basis. And, yes salaried workers can be asked to be on call 24/7
My ex husband and I have in our divorce decree that he is reliable to cover my 8 year old daughters health insurance. I am responsible for the first $500 dollars in medical bills and deductibles. My ex husband just informed me that his insurance will not let him claim my daughter anymore because she does not live with him. He sees her every other weekend but she lives with me and I am her main provider. He told me that it is a new law now that whomever the child lives with has to carry insurance on the child. Can you please tell me if this is true? We live in Indiana.
Without seeing the insurance policy language it is difficult to say whether the situation is valid. However, it is possible that it is true. If it is correct, you might need to make a decision as to whether your daughter is covered or not, depending on who she lives with. I would suggest that you consult with a family law attorney with respect to this question.
In Baltimore riots started up due to the Freddie Gray death. Several businesses were destroyed and lots of personal property was destroyed. During the riots many arrests were made. people who were arrested destroying property and causing damage. In the end, most of the rioters were released and no charges were filed. Does this mean that insurance on property and homes and businesses are exempt from paying on any claims made since all parties causing damage were released they are also free from civil loss law suits as well?
No. Whether the insurers must pay has nothing to do with whether the suspects were ID'd, arrested, or prosecuted.
I signed an advertising contract for shopping cart advertising for a company based in Texas. I'm in California but want to back out of the contract. The contract states that is "non-cancelable" IS there such a think and can it be enforced?
Read The Friendly Contract. If the contract says it's non-cancelable, well, you should have consulted a lawyer before you signed it, or not signed it at all. Maybe there is some Texas law that would help you (does the Friendly Contract say which state's law applies?) but I don't know what the law is in Texas. My best guess is no.
Is it Medical Malpractice (Failure to Treat) if a patient (that had made the Dental appointment by telephone previously) shows up to their Dental appointment, checks in with the receptionist, and is admitted in the dentist room, is laying on the patient bed for 10 minutes, and then the dental assistant walks in and tells the patient that the dentist cannot perform dental work on the patient, because that dentist has to leave the dental office to go to another dental office in another city to treat other dental patients? The patient sustained emotional distress and continuing toothache because the dentist breached the agreement that he was supposed to perform dental work on that scheduled appointment.
No. It's not malpractice. It's a scheduling snafu.
Regarding open air k9 sniff during a lawful traffic stop.
If the officers order the occupant(s) to exit the car before the sniff I believe there are laws/statutes to support this order.
What if the officer orders the occupant(s) to remove their personal animal, also in the vehicle, are there any laws/statutes to support this order?
If police legally stop a vehicle, they are allowed to order the occupants (including animals) of the vehicle out for officer safety. If they have a K9 with them then they can certainly do a sniff around the vehicle. If they have reasonable suspicion, they can make you wait while they get a K9 to show up if they don't already have one. Heck, if they have probable cause they can just search your car. On the other hand, in the absence of reasonable suspicion or probable cause, they can't make you wait too long for a K9 because a traffic stop cannot last longer than necessary than it takes to effectuate the purpose of the stop.
Part of our tax refund was taken by the state due to a supposed delinquency in child support. The amount they quoted us was wrong and we assumed once everything got registered in the system, they would return the money to us. When we asked about when we could expect to be reimbused, they said the state could hang on to the money for 6 months. The money was taken in January, it's now August and we have not received a reimbursement and they are still taking extra money from his paycheck each week for the arrearage. How do we get them to give us our money back?
Hire an attorney to modify the withholding to resolve the problem.
How can a time barred be attacked>?
You would have to provide circumstances that would toll the statute (time limit) in order to extend your time to file a claim/act.
Are you referring to a lawsuit statute to file a claim or some other type of time limit?
If someone elses name is on the deed to my house but i put the entire deposit down, can they try to take some of that deposit when we sell the house?
Yes. Unless there is a court order splitting the equity in the house, they can negotiate for a percentage or split of all equity in the house.
Hi there I worked for an apartment complex for about a year I was given a letter in the mail stating they were terminating my employment I was given the letter April 21, 2015 and they wanted me out of my apartment by May 1, 2015. It's just not enough time to make preparations to move. What should I do.
Apartment complexes know (or should know) the notice periods that apply. Tell them that once they give you the notice required by law, you will move before that time is up.
Scott is absolutely correct
Depending on your lease or residential agreement, under the GA law, the April 21, 2015 notice by the apartment complex would "usually" allow you through June 2015 before you were required to move.
We need more details
Good luck
Ralph (770.985.6773 -- answered 24 x 7)
WWhat happens when someone has a 10 year certain retirement plan and passes away after it expires who gets the rest of the pension
It would go to the designated beneficiary, if there is one. If there is no designated beneficiary then it passes to the default beneficiary, which is likely to be the decedent's estate but the contract could name a default beneficiary such as spouse, children, etc., depending on the terms of the contract.
My wife and I will be getting a divorce. My question is will she be able to take any of my bonuses for re-enlisting that I will receive after the divorce is final. We have 4 kids together if that makes a difference.
If the bonuses were earned during the marriage, they may be marital property, and subject to division.
Good luck
I'm an only child, unmarried, disabled, living in mom's home. She passed away last month and left me the home. Will I have to sell the home to pay her debts?
The answer depends on a few different things.
First, how was the home left to you? Via a will? Trust? Deed? Intestacy?
Second: What kind of debt are you talking about? Some debts can be set aside as they relate to exempt property. Some debts attach to the property (for example, ad valorem taxes, mortgages, etc.)
Third: Are there any other estate assets?
Fourth: Are you living in the house? Some debts, such as Medicaid, may set aside all or some of the Medicaid debt under specific circumstances.
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Okay, I'll make this as quick as possible. Until recently I was a federal employee of the U.S. Navy. My boss made false allegations about my threatening her. I was put on administrative leave for the duration of my appointment and barred from all Navy Southwest property. The thing is I didn't even know that was an investigation until I was handed the Barrment letter so never had a chance to tell my side or disapprove what I believe are easy to disprove allegations. I understand there are security and personal safety issues in informingan unstable or potentially threatening person that they are the subject of investigation. But that has to be some insertion point for that info, doesn't there? After the shootings at the navy yard they really clampdown on these types of issues and I understand. My wife is an employee of the Navy still and I want to keep her as safe as possible. I appealed the Barrment and the base commander basically said he made the best decision he could with info he had. Which is logic that would require a time machine for a successful appeal.
I believe my bosses actions were the result of a complaint I made to her just previous. So I have filed a retaliation complaint with the EEO. The unoficial complaint portion was a joke so I'm not too confident going foward but while waiting for a investigator to arrive I was offered mediation so possibly that will help.
But all of that stems from my EEO complaint. There has to be a way to get the other person side of the story in these situations without having to go through what is a very long and arduous EEO process. Though all this is terribly difficult to research online and since the shootings at the navy yard like I said things ratcheted up quickly. Most lawyers I have spoken with don't want to touch a federal case. So any help anybody has or advice or anything all would be greatly appreciated. I feel like I'm stuck in the middle of a twilight zone episode
You have a couple of issues here... The being barred from base and your status as a federal employee. Not withstanding base security they are not exempt from the due process procedures that took the adverse action to your employment including proposed action letters, appeals to the MSPB etc...
If a Superior Court Judge refuses to sign a Judgment of Dismissal Order (because the Judge is playing evasive games,,,, which.... is not unusual),,, can I give the proposed Judgment Order to the Supervising Judge or Presiding Justice of the (county) Superior Court? ,,,,,(every Superior Court, it seems, has their own Presiding Judge and a Supervising Judge, for each county).
Your course of action is probably to have the judge replaced with a contemporary and not go over his/her head. This would be a uphill battle. You would have to present valid reasons and proof to back them up. I have no idea why a judge would be evasive. Most judges have very heavy case loads and want to fairly and justly dispose of them as quickly as possible.
I am a green card holder and my girlfriend who I will marry this month is here in the US illegally. Does she have to go back to here country of origin or she can adjust status here in the US?
The F2A category is not current (backlogged about 2 yrs), meaning she cannot adjust status now, even assuming you had an approved I-130 petition.
The best thing to do is naturalize as soon as you are eligible, then get married, so she becomes an "immediate relative" & can adjust right away.
If you marry now & she remains in the U.S. & falls out of status, then she will be unable to adjust status unless/until you become a U.S. citizen anyway.
Hi. Some more information is needed to determine the best course of action. First, how long until you can naturalize? Second, how old is your girlfriend and third, what do you mean she "is here illegally?" The answers to these questions and others will narrow the factual universe and will provide a better roadmap for how to go about having a life together and her getting status.
Hello please call me at 2129688600. Thanks, RDM
I want to file for divorce by myself without an attorney. I live in NH, my soon to be ex lives in Pa. We were married in NJ. What state do I file the papers?
You can file in NH if you have lived there long enough.
Jim Hall
What is the penalty for workmans comp. misclassification?
What do you mean misclassification? Feel free to call us at 213.388.7070 for a free consultation.
My friend got in a bad accident and the guy gave her a fake number. He's in the military and she found him on a social media website. Can he sue her if she tags him name in a post trying to to obtain his contact information? She thinks he can sue her for defacing his character. Is she correct?
I don't think it is defamation, as long as you don't insult or slander him, or say anything untruthful.
However, it would be much safer to hire an attorney and let their investigator do the investigation. If the accident was serious, you are probably going to want an attorney to represent you in the action to recover money anyway, so the sooner you get that person involved, the better.
have been hacked into someones van. how to I go about obtaining warrants for sprint, Google, and AOL accounts?
You don't. Such social media accounts are not subject to warrants (whether civil or criminal) as far as I am aware.
I am a fugitive. I had been falsely accused in IL class 2 felony (sate jurisdiction crime), Shortly thereinafter I asked my wife over the phone from jail to pay a bond. She agreed and posted a bond, as she explained she believed in my innocence. After several weeks, just before the preliminary case hearings in the result of quantum of various factors, I have made a mindless/insane decision to left US. I bout an airline ticket and left US. NO ONE from my relatives had knowledge about my plan to leave as and violate a bond posting.
Would the a fore described acts fall into the category of crime(escape) whatsoever? State or Federal Jurisdiction hereof?
The likely scenario that has occurred is that since you've missed your preliminary hearing, the judge has issued a no bail warrant for your arrest. What this means is that if and/or when you are in custody, you will remain in custody unless the judge is convinced you will appear at your future court dates and reissues another bond to you.
Whether you will be charged with any other offenses, here in Illinois, it is not likely for the state charge.
If you would like to talk about your matter, please contact my office.
Good luck,
Purav Bhatt
Attorney at Law
773-791-9682
Can someon be charges with armed robbery with no weapon or witnesses to the crime
anything is possible, but to review or provide a better answer, i need better information.
My 12 year olod daughter just confided in my mother that her mother's boy friend is dealing drugs out of the house they live in. I was wondering what i should do, and what might happen with my daughter when i take an action?
Before you "take an action" on the accusation of your minor child, you would likely be well advised to secure further corroborating information (in my opinion).
i was given position a my place of employment,i was told i would receive a 50 cent pay raise,well instead of put it toward my pay rate,he decide to put under some miscellanous box.when ask why he did that when he told me he would put it under my pay rate.he says because he can take it back,if he feel like it
Not sure what these boxes are without seeing them, but 1) you did not ask a question, so I can only guess what you want to know, and 2) there are circumstances where employers can reduce pay.
Do you have to tell a FBI agent that you are recording them?
If you are a participant on the phone, NO, unless the question is asked then you should not lie about it.
Can a 17 year old move out in the state of georgia
Without a parent's permission or court order, no.
You are not considered an adult until you are 18 at which time you can do what you want. Until then, you cannot move unless your parents agree or you legally emancipate yourself.
If someone has a restraining order on me and I'm at a public place first and they show up do u have to leave?
Yes. If you are at foodlion and they other party shows up, you need to leave...even if it can be argued legally you don't...practically speaking it is not worth the headache.
A couple months ago, I volunteered to take medical leave from my workplace because of issues that were affecting me. As soon as I volunteered however, I was told that the legal department of where I worked was not allowing me to come back to work until I was medically cleared to come back. At that point, I was able to go onto disability leave and able to take care of these issues.
At the recommendation of the doctor that I saw, I decided that I was going to move to a less stressful environment of my home state of New York (I was previously working in New Hampshire but living in Maine). After I placed my transfer request, I was told that I needed to call around to find a new home location for my job. I was given the run around in that location, told that there would be a place for me here or there-but eventually, I was told that there would be no home location for me. I was also informed that my previous position had already been filled and that I would not have a place at my old location.
I have tried to contact my manager and their district office several times, all with no responses. I have looked over my benefits and found that I qualify for a severance package because I've effectively been laid off from my position, but no one has tried to contact me. This morning, I contacted the Employee Relations Hotline, but no one has returned my call-even though I was told that this was a priority. I have not been paid for a month now, even though I have sick and vacation time. I am unsure if there is any legal that could be done, but this is really starting to get out of control. So my question is-is this a situation that can be handled by the court and if so, what are my options?
You are likely to become unemployed with no benefits; meaning, zero dollars form your employer and no State Unemployment Benefits. The answers that you need are too complex for this limited question website because it is likely to involve the Family Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA); therefore, make an appointment to see a local attorney specializing in Employment Law as-soon-as-possible.
I received a dui eighteen years ago in Il. and my licenses were revoked. I have never tried to get them back but now I'm getting older (51) and need to get them back to get to dr.appts and to support myself...what do I need to do to get this started?
Hello. In my opinion, you should go to the nearest office of the Illinois Secretary of State and ask that your driving record be pulled to determine your present eligibility to get your driver's license reinstated. A lot will depend on whether you completed any and all conditions in connection with the dui that you got 18 years ago. I strongly suggests that you get legal representation. This can be a complicated process.
Disclaimer:
My answer here is based upon your posting only and is no substitute for a face to face interview with a licensed attorney of your choosing.
I was caught shoplifting at walmart and they said they would send a fine in the mail, no police were called, but they took down my basic information, including SSN, and sent me off. Will this effect my permanent record or will I just pay the fine and it will be as if it never happened? I have no previous record and this was the first offense and they said my parents would never find out. How will this effect me?
If you were not arrested or charged for shoplifting, you still have no criminal record caused by the incident. You should learn from your experience and stop shoplifting. A shoplifting conviction will keep you from getting a job.
The store is entitled to a civil fine up to $500.00. Pay it upon demand and count your blessings.
Before you sign off on any "settlement" with the store, you want to be sure that you are not making any admissions that can be used against you later. For a small fee, I can review the demand from the store and advise you on how to proceed so you don't wind up with a criminal charges.
-Michael Roberts
732-247-3340
The current house we are renting is not actually considered rental property, according to the state of north Carolina. Can the landlord get in trouble for this.
We need a lot more information to determine what your situation is. Why has the home been declared "not rental property?" What type of property is it?
We would need these answers to begin to give you a proper answer.
I bought & signed a 4 year contract with LA Fitness for my 16 year old granddaughter.
After going a few times, she tells me she is no longer interested in going.
Do I lose out on this or can I get it transferred into my name?
Thank you
Well, in all likelihood you lose out, because "no longer interested" is probably not a good enough excuse to relieve you of your contractual obligations. But this is actually a regulated area under CA law and buyers for these services have some rights. Here is a link to the relevant statute, I suggest you look it over and see if anything contained in there helps you out:
http://www.dca.ca.gov/publications/legal_guides/w-10.shtml
Best regards,
Frank
Natoli-Lapin, LLC
My children was suspended off of the school bus for something others kids are doing but the others did not get suspended
What is your question? Your child was caught.
I have a two year old daughter, her father has not seen her since she was born, and I have not received any child support. Is there anyway I can go after him for child support with out him getting the ability to see her?
Probably not.
Why would a court deny him visitation? Is he dangerous to the child?
Need an attorney to help me with EEOC/FMLA/Wrongful Termination/Depression case started with the Human Relations Commision. I want to go state and federal levels.
You should consult with an attorney about your matter. You may call my office to set up an appointment if you desire.
Niece recently had baby. Father is a married man whose wife cannot have children and now the father is making threats to take the baby from my niece because he wants visitation and shared custody. Father is not listed on birth certificate and no paternity tests have been given. Niece wants nothing from him including any support etc. She has told him this numerous times and hasn't been in the picture until he found out the baby was born and his wife fell in love with the baby. Niece works two jobs and family watches the baby. She cannot afford to hire an attorney and monetary support from family isn't an option. What should be her next step to stop the harassment etc?
What "harrassment"? If he is the father, it is best for the baby to have the involvement of both parents in the baby's life. Plain and simple, it does not MATTER if your niece wants something else; being a good mother requires this approach and attitude.
In order to sort out support responsibilities, she should contact the local prosecutor's office and have paternity established. To discuss parenting time arrangements, she should read the Indiana Parenting Time Guidelines first and then consult a private attorney.
I know wife has been lying many things written in her affidavits. Can deposing her will make her tell the truth?
Saysith Yangsao
No, not necessarily.
You cannot force a person to tell the truth. A deposition may be used to pin down the person's allegations and then use those statements to discredit them at a later trial.
I got married just over a month ago; however, our officiant didn't sign the license and it wasn't filed. I'm now thinking of leaving my spouse. Would I need to file divorce?
You probably now have a common law marriage so you would need a divorce. Talk to a famiily law attorney in your county about your options.
Usually there is a suit to prove the common law marriage followed by a divorce.
You will more-than-likely need to file for divorce, as you are, if nothing else, common law married, in the state of Texas which recognizes common-law marriages.
However, I would need more information from you regarding this license issue and your living together as husband and wife, and perform legal research, before I could respond to your question.
Goldstein & Scopellite, PC has qualified litigation attorneys, divorce lawyers and child custody attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.
My mother passed away about 3 weeks ago. In packing up her things I came accross a will. It was written in Michigan in 1994. We had since moved to South Carolina where she passed away. She had married since that will was drawn up. We believe foul play was involved in her death and that her husband was to blame but we can not prove it as he rush a a cremation. All that aside in her will she left everything to my grandmother and then to my brother an I. Does that will still stand or is it void due to its age and marriage. Also she had been in a car accident in which she was in the middle of a law suit. Who would the proceeds go to. He called the lawyer the day after her death and said he wanted to settle the law suit.
You will want to post this in South Carolina, as that is where probate would be filed. The will should be valid there, but the marriage will complicate things.
A mechanic put a lien on my car fir excessive storage fees even though he did not finish the work its a lease car and the lease company has taken him to court to realease the car. He is now in contempt of court. While he has the car do I still need to make car payments?
Document everything. Send the mechanic a certified mail letter indicating your reservation in paying him; that you will incur additional charges in lease payment and a rental car for which you will sue him unless he discharges the car. Otherwise, you can pay him now on credit card and stop payments for fraud or you can pay him and sue him in court for the difference.
Yes, you do need to make the car payments. The bank is not at fault for the mechanic's misconduct.
Can I ask to be moved to another property under the same Management?
I moved to my apartment 1 month ago. Prior to moving, management gave me a tour and assured me it was a quiet community. My first night I heard screaming and someone banging on the wall below me. I ignored it the first night but it has happened every night since then. I spoke with the property manager about it and she told me she was aware of what was going on and told me the lady that lives below me is mentally retarded and has 24hr caregivers. She went on to tell me that she needed to speak with their lawyers concerning the situation because they cannot discriminate against her but at the same time I cannot be inconvenienced. She told me this 3 weeks ago and I have called several times and she keeps telling me that she has not heard back from their lawyer. What should I do? Can I ask to be moved to another property under the same Management? It is also not a safe and clean environment.
You can always ask your landlord to be moved elsewhere. If you both agree, then it is resolved. However with your case, it seems like the landlord could be in breach of providing quiet enjoyment of your property. Furthermore, the woman below you, whoever signed her lease must prevent from interferring with other tenants' rights of quiet enjoyment.
my landlord is breaking the lease by asking us to move out prior to the end of our lease (9/6/12). Am I obligated to give her notice if we move our earlier than she wants (8/15/12)? Do I have to continue to pay rent if we leave earlier (7/1/12)?
Without her consent, yes. Negotiate.
My partner invested money with me to start a bulldog breeding. He invested money for me to buy a few pups. I didn't get the pups . now he wants to sue me for his lost plus much more for lost breeding. What if i dont show up to court. What will happen to me.
Well, this begs the question, what then did you do with the money? If, for example, you spent on yourself then you may be looking at criminal action as well as civil. If it is just a civil suit and you do not show up, a judgment will be entered by default against you. The judgment will then have to be enforced. For example, they can try to seize any money in your bank accounts, they can get an order of wage garnishment so if you have a job that pays you by check they can force your employer to take payments out of your wages. If you have any assets they can try to seize them to satisfy the debt and of course the credit bureaus pick up the judgment so it will tank your good credit if that is relevant.
If you are "judgment proof" meaning no assets, no money to speak of, etc. then you likely have little to worry about unless it turns into a criminal matter, which is at least possible based on the little facts we have.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
Father pays child support. Ex wife is claiming she has no money to buy clothes, food, or do the laundry of the children. Can the father fight for the kids to live with him under the circumstance the mom cannot physically care for the children right now?
If child support is not being used to support the children, then yes - there is a strong argument that the children's best interest would be served by having them live with the other parent.
If there has been a change in circumstances which would warrant a modification of the current custody arrangement, my advice would be to retain counsel and file with the court. Our office would be happy to assist you. Give us a call at 617-357-4898.
If Father believes that it is in the best interests of the children for them to live with him, then he should file a Complaint for Modification. He will need to show a material change in circumstances and that it is in the children's best interest if he has custody.
Please contact my office at 617-410-6467 for a consultation.
Can you tell me what the protocol is for filing a legal notice in the local paper regarding contesting the sale of a house?
I don't know of any such procedure. What are you trying to accomplish? And why do you feel you have a right to contest the sale? Are you an owner?
If you want to contest the sale of property that is in probate, you file with the court, rather than publish.
What you suggest has no legal effect.
can i relocate out of state with my child who i have joint phisical and joint legal with primary to me if it says nothing about it in my custody papers
No, not without a court order.
If a person has felony charges in Maryland in 1999 but moves to North Carolina 10 years later do they have to answer yes to felony in North Carolina on a job application.
What does this have to do with credit, debt and collections?
You need to consult an employment law attorney in NC. It does not matter how long ago the charges were or when you moved here.
You do not indicate whether the person was convicted of the crime or what other disposition occurred. If you were convicted and the question asks about convictions, then answer truthfully. If the question asks about arrests, then answer truthfully. If tyou lie and the employer finds out, you could be fired. I think it is better to be honest and provide an explanation than to lie.
However, you might also want to consult a criminal law attorney in Maryland to see if the charges can be xepunged.
We are contractors providing siding, windows, and roofing. I discovered there is a company which provides the same services in the same area and they are using a name VERY similar to our companies name. When someone asks one of our customer's who did their work, they will say "....." did the job. When the customer looks for "....." They will find the other company. They are getting our referrals and business on our reputation. Is there anything we can do? Note: We have been in business about 30 years longer than this newer company using a version of our name.
You can seek to enforce the infringement of your rights by suing the other company.
Collection calls at work
Is there anything an employer can do about collection calls that its employees are getting? The collectors have been told that the employee can't recieve personal phone calls at work and they still call and disrupt the office personal.
Re: Collection calls at work
It is a violation of law for debt collectors to contact an employee who instructs them not to call at work. Further, the collectors cannot solicit information from the employer or its staff, except perhaps when serving a garnishment summons or other pleadings. I would gather the name and agency of each collector that has called and report this to the Minnesota Attorney General's office.
I apologize if this was sent multiple times; I wasn't receiving a confirmation or access code. Yesterday, I received a 1099-C for an OLD debt that the company is suggesting that they just charged off in 2014!! This account was for a motorcycle I had repossessed back in 2005/2006. I stopped making payments in 2005. It was taken; I never heard a peep after except for a correspondence saying that after it was sold at auction x amount was leftover. Here it is 8-9 years later, I get this random form saying in 2014 $3101.54 was cancelled and I already did my taxes and everything. I had ZERO correspondence since at least early 2006. What do I do? I'm so confused!! At first I thought this was a fraudulent form I didn't even remember the creditor's name (Household Finance Corp of Nevada) which hasn't run under that name since 2004 and it became HSBC. The debt isn't even on my credit report anymore. I already filed my tax return - I got this after Jan 31st!
My first thought is this question is better suited for a CPA or Tax Professional. You may be required to file an amended return for tax year 2014, and it may or may not have an impact on your tax liability. A CPA should be able to advise you more specifically.
Hi,
I am starting a non-profit online-based teen support group where our selected staff offer an ear to listen and provide resources for at risk youth. I have a question concerning liability. We do background checks for our staff and every conversation is monitored by myself and the rest of the staff overall. My question is, do we need parents' permission to provide kids under the age of 18 with advice/resources? If so, where can I find guidelines or regulations on that?
Thank You!
You should not be doing anything at all for a person under 18 unless you have either (1) written consent from the parent, or (2) a court order from a judge that allows you to deal with the minor.
we purchased a new house 7 years ago from shea homes. The A/C unit broke and needs to be replaced. We have had 3 different repair people come and all of them said our A/C unit is too small and a larger one should have been put in. Our house is 4380 sq ft and we have 2 3ton units. Is there anything we can do? Does the 10yr new home warranty cover the A/C system if it is the wrong size?
I'd say probably not; I don't know of any actual decisions on the issue of wrong-sizing air conditioning units, but even assuming it could be proven to the court's satisfaction that 6 tons total a/c capacity was inadequate for a 4380 sq.ft. house in Oakley, I'm doubtful that there's an obligation on the builder to provide any particular amount of cooling capacity. Maybe the builder intended to keep the interior below 75, and you tried to keep it at 70, or something like that. Also, the failure of the a/c unit isn't necessarily because it's undersized ..... perhaps it failed for some completely independent reason, notwithstanding that it's also true that it was undersized.
Who is responsible for property upkeep on a driveway easement? I must drive through an easement to get to my property and there's one more house beyond mine. It is a road-base gravel driveway with 2 culverts for drainage. I maintain the trees and culvert on my property but I am concerned that the part I must drive through is overgrown and more importantly, the culvert is very clogged with leaves and dirt. We are expecting a very big storm in 2 days and if there is a deep puddle, I may not be able to get out or in. Please advise me.
The owner of the parcel benefited by the easement is obligated to (and has the right to) maintain the easement. The owner of the parcel over which the easement passes, the burdened property, has no obligation to maintain the easement unless the easement documentation calls for it.
Mr. McCormick got it right. In your situation, you and the owner behind you are responsible jointly for the front part of the easement and arguably your section (since he needs to make sure it is usable for his access), and the owner behind you is responsible for his part of the easement.
The owner up front may have some obligation to maintain his property generally, but is not required to maintain the easement for your benefit. He can't do anything to interfere with or damage your easement either.
My soon to be exwife was evicted and served with garnisment papers they have also and and included me on these papers although i am not and have never been on the lease how do stop these people from taking money from MY bank account
File an Answer in the Eviction case, if there is still time. File an Objection to any garnishment they attempt to put on your wages or money. If you had a pending divorce haven when she signed the lease, and you or your children never lived in the rental property, you should succeed in getting out from under this debt. But, you have to be proactive in defending yourself and your assets. It will probably be more effective to have an attorney represent your interests.
Good luck
Can i sue a person who hits me in a car accident even if i was driving with a suspended license
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
Yes.
Yes. Your credibility may become a huge issue.
Of course. VTY, MEZ
How do you baker act someone in Georgia?
There is no such thing as a "Baker Act" in Georgia. The law you refer to is a Florida law affecting incapacitated Floridians only (and it has nothing to do with DUIs). Since you gave no facts as to what you actually want to do or why, or what this has to do with a DUI traffic case (which is the category you selected) a further response is impossible.
two boys age 7 and 12 years old have sexual contact. Thirty years later the 7 years old (an adult now) cries rape. Can rape charges be made against the older boy?
No, most unlikely (at least charges which could stick, so to speak, in my opinion).
how long time wise does your tenant have to disagree with what they got back after moving out as far as their deposit?
In Ohio there are two schools of thought on this, with a combination of the schools being right. First, if the tenant seeks only the deposit back then since the obligation arises out of a contract, if it is an oral contract, then the tenant has six years. If the lease was in writing, then the tenant has 15 years.
But if the tenant is seeking double damages and attorneys fees, then those remedies arise from statute, and must be brought within 1 year.
The Florida Supreme Court overturned my sons murder conviction and remanded the state to give him a new trail. How long does the state have to take the case back to court.
It depends on whether or not speedy was waived AFTER the remand. You should ask his attorney to find out for sure.
My aunt passed away and my uncle is the executor. The will was to divide the entire estate by 3. My mother being a third. My Aunts home is for sale but all her CD's, and investments are being held by my uncle. They value up to 100,000. He said he has a right to hold to onto whatever he wants and take as much pay as he wants. My mother is 85 and mildly senile. i think he is taking advantage of her.
Were the CDs and investments in joint accounts with your uncle or were they solely in your aunt's name? If the former, then it's his money. If the latter, then your mother definitely has rights. The disposition of all of those funds will need to be accounted for when the probate winds up.
You and your mother need to sit down with an experienced probate attorney and review all the information. It's possible that a letter from an attorney may put an end to the monkey business. If not, then you can discuss how to go about removing your uncle as the executor of the estate.
I'm sorry to hear that you have lost your aunt.
One important thing to keep in mind is that the Will can only dispose of probate property, or property that the deceased owned in his or her sole name prior to death. In the event that the deceased had certain "payable on death", "designated beneficiaries" or "joint" accounts, funds may be paid directly to the surviving owner.
If your mother is concerned, she should really sit down with an attorney. If you are your mother's power of attorney, you can retain an attorney and look out for her interests here. If you are NOT her power of attorney, and she is beginning to lose capacity, please contact our office immediately to make sure that she has done some estate planning to prepare for the eventuality of incapacity or death.
I wish you all the best.
Both Ms. Golden and Mr. Vaughn-Martel are correct in their comments. Let me make it a little clearer on one point, your uncle's right to fees and reimbursement for expenses. He is entitled to reasonable compensation and that needs to be approved by the court. Moreover, his expenses need to reasonable. He is not entitled to keep what he wants or spend what he wants. He has a fiduciary duty to handle the estate for the benefit of all its heirs.
If you need assistance for your mother and she is not able to handle her own affairs, I would suggest you contact an attorney to prepare a Durable Power of Attorney with immediate effect and then proceed to represent your mother's interest in the estate.
Please feel free to contact me if you have additional questions.
My wife and I split up 6 years ago and she filed for Legal Separation and divorce. 3 years later we got back together without completing the divorce (I believe). We have now separated for good and would like to go through with the divorce, but now on different terms. How do I find out where everything is in the divorce process? Where would I go to get a copy of the Legal Separation? of the divorce? if she has filed for a new divorce or she started up again with the old paperwork?
You can go to the courthouse to find the documents, but it probably doesn't matter what they say. You are going to have to start all over.
If the court on its own motion did not dismiss the pending pleadings, there's a possibility that you could resume the case on those papers however, amended pleadings would have to be filed to reflect the reconciliation period and separation times.
If you need local assistance with an experienced attorney that can direct you in your area (Orange County), feel free to contact our office at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.
While turning in my two weeks notice to my job I let them know that I was leaving due to racist remarks my boss made. Specifically ni**** mule while referring to a fellow employee. After a week of my notice and numerous questions into their actions they released me from duty with pay for the following week. Now 3 weeks later the company has done the same to another employee who filed a similar complaint against the same manager. Do we have a case since we felt we had to leave our jobs due to this manager. He has had several complaints against him in the past the company never takes action, almost as if they are afraid of him.
Hello there--the answer is yes, this may be serious enough that it violates Title VII of the 1964 Civil Rights Act. The specific claim would be for what's called "hostile working environment." Your quitting would have to be presented as "constructive discharge," as if they'd fired you for discriminatory reasons--the theory is that in this environment no reasonable employee would stick around. The N-word is about the worst--there are some court decisions that say a single use of it is enough, and I think N mule is even uglier, if possible!--but it all depends on the surrounding facts. In a case like this it'd be great to have several plaintiffs with closely similar claims. I'm an experienced civil rights lawyer, former DOJ and ACLU, and I look at cases like this regularly. If you'd like to bat it around some more, I'm happy to, without charge. Let's see if there's a case here. Please feel warmly invited to call or write. --Steve Pershing.
Stephen B. Pershing, Esq.
1416 E Street, N.E.
Washington, D.C. 20002
(202) 642-1431
[email protected]/* */
(Admitted in Va., D.C. and Md.)
Hello, I've been in this country for over 20 but have never tried to fix my papers. My sister just turned 21 and was born in California and wants to help me with my status. Is this possible? And if yes how long is the process?
Your sister could file an I-30 petition on your behalf.
However, not only would it take years for your priority date to become current, but if you are not in legal status, you would have to apply for your immigrant visa outside the country & would not be able to re-enter the United States for 10 years.
Therefore, unless there is a change in the immigration laws, I would not recommend it.
