Arizona Recent Legal Answers from Lawyers

You should start by contacting the Guatemalan Consulate. The Consulate may be able to give you an overview of the process. If not, you would need to contact either the agency that oversees the issuance of marriage licenses and certificates or an attorney licensed to practice law in Guatemala. ... Read Answer

Your grandpa will not be issued a U.S. Passport unless he is a citizen. He may be able to come for a visit if he obtains a visitor visa. Based upon the information provided he will likely need an INA 212(d)(3) waiver. He will also need to establish ties outside the U.S. I would encourage you to discuss the matter with an attorney. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

It is not advisable to seek an H-1B transfer while an extension is pending. It would be best to seek premium processing of the extension before seeking a transfer. You should speak to the attorney who will be handling the transfer about how to best proceed. You can read more about H-1B visas at http://myattorneyusa.com/work-visas.... Read Answer

Hello,   You may remain in the U.S. while your application is being processed but if it is denied you would lhave been out of status from the time your current H-4 visa expired, and this may have negative impacts on future visa applications. I would suggest that you speak to the attorney that filed for your H-4 visa extension to discuss your best option. Good Luck.... Read Answer

Hello. It can take 9-12 months to process. You can file as soon as you obtain the marriage certificate. There are many aspects and applications with the process.  Here is a general timeline: 1.      I-130 will be process in approximately six (6) months by the USCIS. (If it does not process within the USCIS posted timelines, we can follow up and send inquires after 60 days passed their posted processing date). Within 45-60 days after the approval, the National Visa Center (NVC) will send the fee bill ($445) to proceed with the online application and financial support documentation.  While we wait for this bill, we will prepare the package so it is ready to go after we get the bill. However, we cannot process the online application (DS-260) without the bill.   Once, we submit the DS-260 and all original certificates, financial support, etc., we wait for the U.S. Consulate to schedule the interview. This can range from 1-4 months and depends on the activity of the Consulate and the NVC.... Read Answer

In Arizona state courts, prior offenses are considered 1 if committed on the same date. Although a single 20 year old prior cannot ordinarily enhance a prior, it can if you spent more than 10 years in prison and it was a class 2 or 3 felony. If you did not, and you only have one, it would not affect a new meth sale charge because the net effect of an old (non historical) prior is to make an offense probation ineligible, and meth sale already is not eligible for probation. Hope this helps.... Read Answer

There is no category under U. S. immigration laws for a U. S. citizen to petition for or bring in a godchild to live with that individual. If she is educated or has past experience that could be the basis of an employment based nonimmigrant or immigrant visa, perhaps those are areas to be explored. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

The general rule is that when a plaintiff has chosen the jurisdiction for the action being filed, and assuming there are proper grounds for filing in that jurisdiction, i.e., the cause of action occurred there and/or that's where the defendant is domiciled, he has submitted himself as a plaintiff party to that jurisdiction, and, unless good cause can be shown to the court as to why you should not have to appear for a deposition in Arizona because you chose to move to another state after the action was filed, you will have to attend your depostion in Arizona. In most cases, the court will look at the relative hardship or burdens on each party in these situations, but absent some compelling reasons, it is likely that you will have to appear for your deposition in the jurisdiction in which youchose to file your action.... Read Answer

It is difficult to assess what can be done without actually reading the decision. It will depend upon whether the BIA remanded the case to the immigration judge for further consideration or directed your return to custody. If the matter was remanded, you may be able to submit additional information to overcome the grounds for reversal. You may also be able to speak with ICE about remaining out of custody. ... Read Answer

Are you working with an attorney? Even if DHS wants to deport you from this country, you are typically entitled to a hearing before an immigration judge where you can seek asylum or withholding of removal. The request is filed on Form I-589. Did you file a Form I-589? You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection. You may be able to seek asylum in Canada. You would need to speak to an attorney who is licensed to practice law in Canada. This forum is designed to answer questions about United States immigration law. ... Read Answer

Given the information provided, your chances of returning to the U.S. in the near future are slim. You would be barred from admission for accruing more than a year of unlawful presence. This bar is for ten years and begins to run after you have left the country. There is a limited waiver but you must show extreme hardship to a qualifying relative.  The other issue is your criminal matter. You need to resolve this issue. Depending upon the severity and outcome, you may have other bars to admission. Get in touch with a criminal lawyer in the area where this arrest occurred to straighten out the matter.  Your son may be able to eventually petition for you once he reaches 21. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

A United States citizen may stay outside the country for as long as he/she wishes. Your daughter should be able to apply for a new passport at the consulate. She should check the consulate's website to see what documents are needed. She may need to provide a police report regarding the lost passport. ... Read Answer

Starting with a lawyer who is conversant with immigration law is a good place to start. The proximity of a lawyer to you in an employment based case is not very relevant. Most applications are remotely processed and not handled by the local field offices of U.S.C.I.S. Nonimmigrant work cases are usually taken care of by one of the regional service centers of Immigration and permanent labor certification cases are for the most part e-filed and adjudicated by the Department of Labor in Atlanta. So pick a lawyer in whom you have some confidence regardless of the physical distance in miles between you. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

The process would depend upon the qualifications of the young man, your business, and your aims. He may be eligible for a nonimmigrant visa or permanent green card depending upon the above. You should seek a consultation with an immigration lawyer to go over the options. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

It’s hard to tell you whether you have a medical malpractice case because as things stand right now you don’t know why you have not gotten better medically. If you get a second opinion surgeon advises that you need another surgery and implies that this is because of something that went wrong in the first surgery you may have reason to investigate the case, but if the second surgeon helps you there will be questions about whether the case is financially viable. Try to answer the medical questions and then perhaps get a referral to a malpractice lawyer from your workers compensation attorney. If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for more information about me.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.   ... Read Answer

Bith your mother and your husband may be able to obtain residence through you. You could petition for your mother. However, it is not clear if the petition would be approved. You mentioned you mom has a felony. Some convictions make a person inadmissible. This means that even the petition filed for is approved, she would not be given a visa. It does not matter how long ago the crime happened. More specific information is needed about her conviction to make an assessment.  You can petition for your husband. Unfortunately, he may have to return to Mexico to obtain his green card depending upon his manner of entry. If he entered the country without inspection, he cannot adjust his status to lawful permanent resident in the United States. He would need to depart the country and obtain an immigrant visa abroad. You can minimize the delays and risks through the provisional waiver program. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer