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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 11 of lawyers' answers to legal questions.

Switching from Consular processing to AOS

Answered 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Unfortunately, the US immigration system does not work like this. If the dependent is overseas and the principal wishes to adjust status in the US, the principal must file for an I-824 Application for Action on an Approved Application or Petition to allow USCIS to send a copy of proof of your adjustment of status so that your spouse can begin the consular processing. There is no simultaneous processing of adjustment and consular action. The dependent is usually able to interview and come over within a year of the principal’s approval as long as there is continued visa availability. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
Unfortunately, the US immigration system does not work like this. If the dependent is overseas and the principal wishes to adjust status in the US,... Read Answer
This appears to be a confusing question as no one is designated as head of household where there is a jointly filed tax return. Perhaps the correct answer is the individual who is making the most declared income or the individual whose name appears first in the joint filed tax return. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
This appears to be a confusing question as no one is designated as head of household where there is a jointly filed tax return. Perhaps the correct... Read Answer

H-1B Transfer Question

Answered 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
There is new guidance on the USCIS website section on H-1B’s that spells out the $100,000 fee only being applicable to new petitions filed on or after September 21, 2025. Persons and companies doing H-1B transfers where the initial H-1B petitions were filed before September 21, 2025, are not subject to the fee. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
There is new guidance on the USCIS website section on H-1B’s that spells out the $100,000 fee only being applicable to new petitions filed on... Read Answer
Hello Terry, Since you are aware that you have a Statute of Limitation issue, you should contact your present lawyer, or if you do not have one - consult with one asap. Do not delay!
Hello Terry, Since you are aware that you have a Statute of Limitation issue, you should contact your present lawyer, or if you do not have one -... Read Answer
Sorry to hear about your loss. My condolences. Yes, even if the wrongful death case is not related to the pain and suffering case, a lawyer can represent you as the surviving beneficiary of the decedent and bring an action against the party responsible for the wrongful death of your husband.... Read Answer
Sorry to hear about your loss. My condolences. Yes, even if the wrongful death case is not related to the pain and suffering case, a lawyer can... Read Answer
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If they claimed to have mailed it then you will likely need to wait a but, possibly a week or so to see if it shows up. Other than that the LL will need to re-issue the check and cancel the old check or you may need to retain a lawyer to file a lawsuit to recover the funds. 
If they claimed to have mailed it then you will likely need to wait a but, possibly a week or so to see if it shows up. Other than that the LL will... Read Answer

Personal injury

Answered 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
If the evidence establishes that the hotel was negligent in causing the damages your wife sustained, then she has a case against the hotel. Discuss with an attorney in the state of Arizona about contingency fee representation, which means she pays nothing unless she wins.     ... Read Answer
If the evidence establishes that the hotel was negligent in causing the damages your wife sustained, then she has a case against the hotel. Discuss... Read Answer

Am I in the wrong or can my neighbors take action

Answered 7 months ago by Pamela M. M. Holcombe (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
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IMHO, most of what is going on here is more issues of managing relations with your neighbors that may require practical rather than legal solutions, but there certainly are legal risks.  First, there will be some sort of city or county local ordinances on barking or nuisance dogs and/or noise ordinances, and you should familiarize yourself with them as neighbors may well make complaints to Animal Control or Code Enforcement, and there is a always the risk they could consult a civil attorney as to civil nuisance claims.  If you are renting, complaints to your landlord can easily result in the landlord deciding not to renew the lease and potentially in the landlord taking action prior to the expiration of the lease.  Finally, if you have neighbors who hate your dogs, you need to beware that if they accidentally get out, you are almost certainly going to be reported for the violation.  On the practical side of things, while you may know from the dogs conduct inside the house the dogs true temperament, all your neighbors know is that the the large dogs are of breeds that most people feel are dangerous and exhibit what the neighbors perceive as aggessive barking when both are in the back yard at the same time together.  As a practical matter, unless you are watching the dogs in the yard all the time, you have no first hand knowledge what is going on back there and if your response to neighbor's concerns is that they are lying, when they could be telling the truth, this is making things worse and not better.  If you are leaving the dogs outside for hours when you are not at home, it is always possible they are barking for longer periods.  No matter what the issue, it is always a bad thing to be involved in a hostile situation with your neighbors and it is well worth going the extra mile to keep things "neighborly" in the long run.  Possible solutions involve introducing neighbors to the dogs in a neutral situation, asking them nicely to go outside at a time when you can observe the dogs and what they are doing, even putting cameras in the yard so you can monitor dogs behavior, and finally making sure your fence is absolutely secure and there is no possibility the dogs can jump the fence.  Finally, as the owner of several Pitty/Staffy mixed breed rescue dogs, I know how sweet their natural temperaments are, but they have a terrible reputation, IMHO mostly resulting from by cruel and neglectful owners who mistreat and abandon them and/or good hearted but inexperienced folks who fail to appropriately train and socialize them with other dogs.  Good owners can be breed ambassadors by making all interactions with their dogs an opportunity for folks to see their true colors and sweet natures.  Best of luck.        ... Read Answer
IMHO, most of what is going on here is more issues of managing relations with your neighbors that may require practical rather than legal solutions,... Read Answer
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I am sorry to learn of this difficult situation, however, under Florida law, the veternarian's office has an absolute obligation to provide you with your pets' medical records.  Florida Statute Section 474,2165(3)provides that "Any records owner licensed under this chapter who makes an examination of, or administers treatment or dispenses legend drugs to, any patient shall, upon request of the client or the client’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered."    This means the records must be provided regardless of whether or not there is an outstnading balance due for vet services, but the vet's office may charge for the reasonable cost of producing the copies.  The full text can be found here: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0474/Sections/0474.2165.html    Since things have apparently become heated between you and office staff, it is prudent to make the request in writing, send it via certified mail, return receipt requested, and advise of the email address for electronic copy and physical address for paper copies.  It is also possible for any new vet's office to directly request the records from the former vet.  Best of luck.... Read Answer
I am sorry to learn of this difficult situation, however, under Florida law, the veternarian's office has an absolute obligation to provide you with... Read Answer
You would need to read the charging document to understand what is going on. Many times the DA overcharges but then drops some charges during plea negotiations. 
You would need to read the charging document to understand what is going on. Many times the DA overcharges but then drops some charges during plea... Read Answer

Equine contract

Answered 7 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You will need to retain a lawyer, at some expense, to review what you signed and the circumstances and work with you to figure out what options you have. There is no "YOU" doing anything at this point as you can already see the results of your "self lawyering" and there is no reason to expect you to make better choices to fix this issue. ... Read Answer
You will need to retain a lawyer, at some expense, to review what you signed and the circumstances and work with you to figure out what options you... Read Answer
I don't practice probate law, but I do know a probate lawyer in the state of Florida here that may be interested in helping you. Feel free to reach out. 
I don't practice probate law, but I do know a probate lawyer in the state of Florida here that may be interested in helping you. Feel free to reach... Read Answer
Before submitting a motion, an attorney has to determine whether there are viable legal grounds for the motion. When we talk about a motion to dismiss, this can include a number of different potential grounds, including speedy trial, facial sufficiency, or even in the interest of justice.    It is unclear by your post what specific grounds you believe the motion to dismiss should be submitted. Is there a specific reason that you believe your case should be dismissed on motion?    Sometimes, folks feel that a case should be dismissed immediately because there is insufficient evidence. This is unfortunately not necessarily the case - the evidence, and whether the District Attorney has sufficient evidence to prove the charges against you beyond a reasonable doubt - is typically an issue for trial. Without articulable, legal grounds for dismissal, a motion to dismiss may simply not be viable.  With that being said, these are issues that your current attorney should speak with you about. If you are unhappy with your current attorney, that is a separate issue in itself. While there are certainly some outstanding public defenders, there are also many public defenders who are not as great. When you are assigned a public defender, you unfortunately do not get to pick your lawyer - that is a benefit that you do receive when you hire one.    I hope all this information is helpful. ... Read Answer
Before submitting a motion, an attorney has to determine whether there are viable legal grounds for the motion. When we talk about a motion to... Read Answer

Is my sonโ€™s school responsible for his broken fibula?

Answered 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
You may have a case. The theory of liability would be that the school failed to supervise your child and as a result he suffered a serious injury. You should retain an attorney in your state on contingency fee which means you pay nothing unless you win. If you cannot find counsel, reach out to one of us privately on this platfoprm and we will help you find someone. ... Read Answer
You may have a case. The theory of liability would be that the school failed to supervise your child and as a result he suffered a serious injury.... Read Answer
As far as entering the U.S. , it may be a problem or not be a problem. But if you exit the U.S., you may find that your passport has been revoked. Failure to pay child support will cause driver's licenses, professional licenses and passports to be subject to revocation. 
As far as entering the U.S. , it may be a problem or not be a problem. But if you exit the U.S., you may find that your passport has been revoked.... Read Answer
So if you injured yourself in the police pursuit by either the motorcycle driver or by a police vehicle, you may have a case for damages. You should consult with an attorney here in the state of Florida about possible contingency fee representation which means you pay nothing unless you win the case.     ... Read Answer
So if you injured yourself in the police pursuit by either the motorcycle driver or by a police vehicle, you may have a case for damages. You should... Read Answer
You have a case against the Restaurant for your damages. You need to retain an attorney to represent you on contingency fee (which means you pay nothing unless you win). If you need help finding an attorney to represent you, feel free to privately reach out to one of us to find counsel for you. ... Read Answer
You have a case against the Restaurant for your damages. You need to retain an attorney to represent you on contingency fee (which means you pay... Read Answer
You may still have time to file a case. What exact date did this accident happen? 
You may still have time to file a case. What exact date did this accident happen? 
You should consult with a Social Security and Disability lawyer in your state about filing a case. 
You should consult with a Social Security and Disability lawyer in your state about filing a case. 
Yes, you still have time to file a claim. If you need assistance in locating an attorney who works on a contingency fee, meaning you pay nothing unless you win, feel free to privately message one of us on this platform and we will help you with that. 
Yes, you still have time to file a claim. If you need assistance in locating an attorney who works on a contingency fee, meaning you pay nothing... Read Answer
For starters, your US Citizen daughter should be a resident of the US if she wants to sponsor you for a green card. If she resides in the UK, your case may be denied. You should consult with an immigration attorney for specific advice. 
For starters, your US Citizen daughter should be a resident of the US if she wants to sponsor you for a green card. If she resides in the UK, your... Read Answer
Normally, any household member who is a relative of the insured is automatically on the insurance policy of the car owner. However, if your resident relative was using the vehicle for a business purpose as opposed to personal use, then your carrier may deny coverage. You should seek a consultation with a lawyer in your jurisdiction to review the policy language for specific advice. ... Read Answer
Normally, any household member who is a relative of the insured is automatically on the insurance policy of the car owner. However, if your resident... Read Answer
We would have to review your covenants and bylaws in order to assess your case and answer any questions. 
We would have to review your covenants and bylaws in order to assess your case and answer any questions. 

sale of tax office

Answered 7 months ago by attorney Karen A. Leiser   |   1 Answer   |  Legal Topics: Business Law
It's not clear what your question is, but if you are looking for a referral to an excellent business lawyer who can help with this, reach out to me.  I know someone who would be great.  
It's not clear what your question is, but if you are looking for a referral to an excellent business lawyer who can help with this, reach out to... Read Answer
This is something any family law attorney should be able to help with.  It's in the nature of a post-nuptial agreement.  Our office is in Tysons, so you may want to find someone closer to you.  But it's something we could handle remotely via email and Zoom and then you could get it notarized at your bank or local UPS Store.  ... Read Answer
This is something any family law attorney should be able to help with.  It's in the nature of a post-nuptial agreement.  Our office is in... Read Answer