Arizona Recent Legal Answers from Lawyers

If your husband entered the U. S. without inspection, he is not allowed to adjust status in this country unless he has the benefit of §245(i) under which he can pay a fine amount of $1000 if he had a labor certification application or immigrant visa petition filed on his behalf by April 30, 2001, and was physically present in the U. S. on December 21, 2000. If not adjustable, the fastest and easiest possible way for your husband to obtain his permanent residence would likely be an application to be consular processed overseas. I will assume that you are a U. S. citizen. In such case, you would file an I-130 relative petition on his behalf, and upon his being approved, he would file for an I-601A provisional waiver of the 10 year bar based on extreme hardship to you. He would wait and see the result while he is here in the country. If approved, he would continue his case to be visa processed at his home consulate for the green card. In all likelihood, the interview would be normal and he would return with an immigrant visa. In the process, he would not be allowed a work permit until he returns to the U. S. Insofar as fees are concerned, we do not quote fees publicly. 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

Either you or an attorney can assist your boyfriend in getting a divorce. Your boyfriend would need to sign documents before submitting to the Court, however the entire divorce process can be completed while he is in prison. View the Maricopa County self-service center or engage in a free consultation with a local family lawyer.... Read Answer

My experience with this matter is that the Court will not hear disputes regarding who claimed the tax deductions. I have always seen the Court defer to the IRS to resolve these issues. No pleadings can be filed over the phone. Every pleading and Petition has a specific procedure and fee for filing in Court.... Read Answer

Under the rules of accomplice liability, or the rules governing conspiracies, it may be possible. However, it would depend if there was an act committed in furtherance of the illegal conduct by you, and more information would be necessary to gauge whether or not you could be held liable. For example, if you were merely a partner with another individual, and that individual committed an offense entirely separate in time and place from the partnership and from you, then you likely would not be liable. If, however, you drove your partner to commit he offense, you likely would be liable.... Read Answer

While we cannot give legal advice, the most common "best outcome" for a case such as this is TASC, or diversion, wherein a defendant waives his right to a Preliminary Hearing and prosecution is suspended for a period of two years, after which time the case is dismissed, assuming the defendant completes certain requirements. I hope this helps.... Read Answer

In order for a lender to "go to foreclosure" there is a presumption that lender completed the foreclosure. If so, then the house sold. It may have gone back to the lender or to a third party. Call the trustee who conducted the trustee's sale in order to determine the current status. I hope this was helpful.... Read Answer

This is not a civil rights matter, as it was not directed towards any person in particular. Also this is covered by the first amendment right to free speech, which actually supersedes civil rights laws. You cannot sue a company because they print things that you find offensive, that is there First Amendment right to print whatever they want.... Read Answer

Hello, You may file for your unmarried child now that you have your green card. There is no waiting period before you can apply. Good luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read Answer

You presented with classic symptoms of a stroke. If you can demonstrate that earlier intervention would have made a difference, you might have a case. In some circumstances, when doctors timely prescribe Tissue Plasminogen Activator in the face of symptoms of a stroke, they can dramatically reduce permanent sequelae of the disease.  The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your 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. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

This depends on many different factors. You can file to amend the divorce decree, however the timelines to do that are 15 days after the order. It sounds like there has been more time from the order to today. Your best bet now is to wait and see if he attempts to contest the 401k not being distributed. It will be an uphill battle for your ex-husband because undoing a Court order is always difficult no matter what the reason. It also sounds like you and Husband did the divorce on your own, and that would require signatures from both of you on the consent decree, so that makes it even harder for Husband to undo the order because he already agreed on the divorce terms as they are ordered now.... Read Answer

Please view Arizona Revised Statute 25-403, which covers the parenting time and legal decision-making factors. Every judge must review these factors when making parenting time and/or legal decision-making decisions. It is unclear from your question whether the Father is still living near the marital home. The law states that each parent should have frequent and meaningful parenting time with each parent. The adultery is not necessarily relevant to parenting time, however alcoholism and heavy drinking are relevant. It depends on the additional facts of your case how much parenting time Father would receive if the case went to trial. Preliminary, allowing Father to only take the child to school and doctor's appoints is probably not enough time for him.... Read Answer

Without a careful analysis of your company and your background it is not possible to provide a complete answer to your situation.  You may have options to obtain permanent resident status through your occupation, your investment, and possibly through family ties you may have in the US.  However, you indicate that your wife is a Social Worker with a Masters degree, and it is very possible that her emlpoyer would be willing and able to file a labor certification and immigrant visa petition for her, which would enable you and your children (single and under 21 years of age) to immigrate together with your wife as her dependents in the same fashion that she presumably obtained E-2 dependent status and work authorization through you.  If you would like me to explore these options and analyze your case in detail to determine what other options may be available to you, please contact my office either by phone at (619) 291-1112, or by e-mail at jbejar@immigrationlawclinic.com... Read Answer