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Hello. It sounds like the QDRO says if she dies, the payment to her ceases and is not revert back to being paid to you instead.  It depends on your pension whether they allow anything other than that.  Some pensions allow a choice and it should state it reverts back to you if she dies - but some do not have that option.  Ask your pension plan if they offer that option - for the payments to revert back to you if she dies before you.  If so, you can have an Amended QDRO drafted and ask the court to enter it and then you can send it to the plan (a certified copy) so you get the payments if she dies.  There is no change to her payments and there is no harm in that change so I would think the court would approve it.... Read More

If you are approved for O-1B prior to your departure from the US, you may encounter two difficulties in deciding to return on the OPT – first, there is a question of intent. You would be making a representation to CBP that you intend to complete your OPT and return home. In this age, it is dangerous to be anything other than on the up and up with CBP. Second, if you do manage to reenter the US under OPT, it is doubtful whether your change of status to O-1B would automatically kick in on July 15. It should also be noted that most attorneys are suggesting that nonimmigrants should not take unnecessary trips outside of the country given the present climate. I suggest that you speak with your attorney before finalizing your travel plans. 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 More

As you know, there are two charts to the monthly visa bulletin, Dates for Filing and Final Action Dates. For the month of June, the dates for filing chart for adjustment of status applications is available for those whose priority dates are prior to February 1, 2025, as USCIS is using that chart in this month. With reference to your questions, you would be able to file I-130/I-485 concurrently if the chart read “C” or current, which is not the case. You would have to file the I-130 form first, and then when the priority date is reached, you can file the I-485 while the I-130 petition is still pending. You do not have to wait for the I-130 to be approved before filing the I-485. 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 More

Your father will have to explain as best he can the circumstances of why he could not prove his employment when the subject arises. If he has some other evidence, he can perhaps bring it with him to the immigration interview and show it if asked. It should be noted that if there was fraud or misrepresentation found in the annulment of your father’s visa by a US consular officer, your status as a US citizen son is not sufficient for him to apply for a waiver through you. An I-601 hardship waiver under those circumstances can only be made if the qualifying member is a US citizen or permanent resident parent or spouse. The passage of time may work in his favor as it is doubtful that consular records would be kept for 35 years. 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 More

I will assume that your mother is overseas and that you will be filing an I-130 petition and she will ultimately consular process at the American consulate or embassy in her home country. If that is your situation, financial support is not a concern at this stage. It only become relevant when the I-130 petition is approved and your mother begins consular processing. That would likely be over a year from now. If you stop working and have no employment by that time, a good option is to find a bona fide joint sponsor, e.g. related or friend, who can assist with the support obligation. If you have sufficient liquid assets, you may look on the poverty guidelines to see whether they will support your mother’s immigration. The amount of assets must be a multiple of 5 to cover multiple years of support. We note, however, that US consular officers sometimes have a more stringent view of the amount of financial support required in the case of parents. 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 More

Dear Madam - No responsible attorney is going to give you advice, on a chat board, regarding statute of limitations issues.  That said, and depending on your particular facts and circumstances, you may well have a viable case against your municipal employer for unequally paying you based on your gender.  In such a lawsuit, you may be able to recover triple damages.  See my recent article entitled "What Rights To Equal Pay Does An Executive Or A Professional Have In New York?" < https://www.davidrichlaw.com/what-rights-to-equal-pay-does-an-executive-or-a-professional-have-in-new-york/ >.  Today, you should call an experienced New York City Equal Pay Lawyer and set up an initial consultation about your matter. Sincerely, David S. Rich... Read More

If you are a U.S. citizen, you can sponsor your wife-to-be for a green card, as long as she entered the country with permission. If she is now in overstay status, this typically won’t be a problem. It’s important to work with an attorney to ensure all paperwork is filed correctly to avoid mistakes. A reasonable flat fee for this process should not exceed $2,500—anything higher may be excessive. You can retain an immigration attorney from anywhere in the U.S., as they handle cases nationwide and globally. When will you turn 18? ... Read More

Dear Anonymous: Although you can file for divorce in Florida, the only thing the courts in Florida can do is grant the divorce without dividing property, considering alimony or resolving any child issues if you have children.  That would mean those other issues would still be "open" and if you wish to get divorced I am sure you want to have all those issues resolved. In essence, the Florida Courts have no what is called "personal jurisdiction" over your spouse, since your spouse does not live in Florida, and (unless there are more facts) didn't live in Florida with you.  (there are certain other exceptions but too much to get into here...though probably not applicable). So, you would probably have to file  for divorce  where your wife still lives.   I would suggestyou contact an attorney in D.C. Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. www.vovalaw.com Broward: 954-316-3496 Boca Raton/Palm Beach:  561-925-2785... Read More

Hello, Need more information, you mentioned that you are currently on EB-2 so I-140 was approved? Having an approved EB-2 without you adjusting does not automatically keep you in "status". You did not mention your priority date, what your home country is. Let's assume your priority date is current the you should be able to apply for your Green Card. I strongly recommend you have a true Legal Strategy Session with an immigration attorney to go through your immigration history, current status, potential risks etc.... Read More

A spouse, whether married for a day or over 20 years, is entitled to an elective share of the deceased spouse’s estate. This right applies even if the will disinherits the surviving spouse. The elective share means that the surviving spouse can either accept what is provided for them in the deceased spouse’s will or, if the will either grants them property or excludes them entirely, they are entitled to automatically receive at least 30–35% of the deceased spouse’s estate. The only exception is if a prenuptial or postnuptial agreement explicitly excludes the spouse from claiming an elective share, and the spouse has legally executed the agreement.     ... Read More

Your father should consider hiring an immigration lawyer to ensure his case proceeds smoothly and avoids complications. An attorney can submit a G-28 Notice of Appearance, even if the case is pending or closed, ensuring that both the lawyer and the client receive all relevant notices throughout the process.    ... Read More

The longer you wait to collect Social Security, the more the payout will most likely be. If you wait to collect Social Security at the age of 65 that will most likely be more than if you collected at age 62. And so on and so forth. You should Make an appointment with your local Social Security office for more specific advice.      ... Read More

Here is some general information regarding inheritances and bankruptcy. It should not be considered legal advice concerning your particular fact situation. When someone files a Chapter 7 bankruptcy, a trustee is appointed to liquidate all of their nonexempt property and pay their creditors who have filed proofs of claim. When a person files a Chapter 13 bankruptcy, they get to keep their nonexempt property as long as they pay their creditors what is called the "liquidation value" of the property and pay all of their disposable income to a bankruptcy trustee for 3 to 5 years. Unimproved land is generally nonexempt from seizure and sale under Louisiana law (and therefore IS reachable by the bankruptcy trustee) unless the land is part of a person's homestead. Furthermore, if someone files bankruptcy today and they inherit property within 180 days of filing, the trustee may be able to administer and sell that property. There may be a workaround, if the person's parents have not yet passed away, but it would likely involve their parents making a will or creating a trust. Your situation is too involved to give you a quick answer on an Internet website. You should immediately consult with a Louisiana attorney for specific advice concerning your individual situation..... Read More

I represent drivers throughout the state who have received motor vehicle violations for speeding, careless, and reckless driving. I am succseeful getting these infractions reduced to low or no point violations more than 95% of the time. I would be happy to discuss your ticket with you and see what I can do too assist. In most cases you never need to go to Court for a hearing.... Read More

Sorry to hear what happened to you. If the salon was on notice of your medical condition and, ignoring the condition, performed a procedure that aggravated the condition, it could be responsible for the resulting harm. Best to speak with an experienced personal injury attorney. You can find many excellent attorneys using legal directories such as Find Law, Super Lawyers, Martindale and AVVO. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More

Ms. Watson, sorry to hear what happened to you. In New York, before you can file a lawsuit against the State of New York, you must first file a Notice of Claim within 90 days of the occurrence. If you haven't filed a Notice of Claim yet, you will be uanble to bring a lawsuit against the State. Here's something I found online which you might find helpful, https://ww2.nycourts.gov/COURTS/nyscourtofclaims/faq.shtml Keep in mind that under the doctrine of qualified immunity, the State would likely not have any liability for not performing what you believe to have been a thorough enough investigation. The individual who assaulted you, however, would be responsible for any harm she caused you. The statute of limitations for bringing a lawsuit against this individual would be one (1) year from the date of the incident. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More

Mr. Graham, sorry to hear what happened to you. The short answer to your question is yes, you can be compensated, provided you can prove that the nursing facility's treatment of you fell below the accepted standard of care; and that said departure was a proximate cause of your injury. If you haven't already, speak with an experienced personal injury attorney. You can find many excellent attorneys using legal directories such as Martindale, Super Lawyers, Find Law and AVVO. You don't try to handle it by yourself - you'll never be taken seriously. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Ms. Andrews, I'm so sorry for your loss. Before you can sue a municipality, you must first file a Notice of Claim. After the Notice of Claim is filed, you will be asked to appear for a 50-h hearing at which time an attorney will ask you questions about the claim. Once that's completed, the next step would be to file a lawsuit against the municipality. Again, the Notice of Claim / 50-h hearing are both prerequisites to the filing of the lawsuit.  If you haven't already, you should consider hiring an experienced personal injury attorney. Litigating a wrongful death case is difficult even for seasoned litigators, even more so for a pro se plaintiff. You can find many excellent attorneys using legal directories such as Find Law, Super Lawyers, Martindale and AVVO. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More