Arizona Recent Legal Answers from Lawyers

Your mother can apply for you to obtain the green card, but the timing and steps involved will depend upon how you came into the United States and how old you are at present. If under the age of 21 and entered the US with a nonimmigrant visa or parole, you may be immediately eligible for adjustment of status in the US. If between ages 18-21 and you entered without inspection, you might be eligible for the I-601A program under which your mother would petition for you on form I-130 Petition for Alien Relative, and after approval, you would apply for an I-601A waiver application to forgive the unlawful presence in the US, and upon approval, travel back to the home country for an immigrant visa interview and if successful, return to the US. This would take approximately 3-4 years given the present backlogs although it could be sooner as USCIS is establishing a new virtual service center, HART, which will concentrate on certain applications, among which is the I-601A. If over the age of 21 by the time that your mother files for you, you would fall into another category, F-1 adult son of a US citizen, and the timing would be approximately 7-8 years. If you have left or will leave the US before reaching the age of 18, you would not have to do an I-601A waiver if you entered without inspection, and your mother could simply file the I-130 petition and upon its approval, you could consular process your case at the American Consulate in your home country, and that situation would take approximately 1 ½-2 years dependent upon the speed of processing at USCIS and the American Consulate. 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

I suggest that you obtain a complete copy of his immigration file in order that an immigration attorney can determine the complexities of your husband’s case. Your husband or his representative can obtain a copy through the Freedom of Information Act. 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

Good morning. I practice Wrongful Death and all other Personal Injuries, Work Injuries (Workers' Compensation and Social Security Disabilities. I'm an attorney in licensed in California and do not know Arizona Probate laws. All I can tell you is that the attorney who drafted these documents probably has them at his office. Thank you for contacting my Firm. We  wish you good luck in all your future endeavors.  ... Read Answer

While attorneys compatent to answer real property questions can give legally-definitive answers, when it comes to chain of title questions for real property, most attorneys will defer to title companies. The reason for this is simple - title companies are the ones that get to decide whether they will issue private insurance to defend title disputes. Over time, they have bcome the defacto authority on what is the best method of keeping the chain of title clean. You would be best served to check with a title company and see if they would issue title insurance on your property given the facts of your situation.... Read Answer

The choice is up to you. Unlike the I-539 extension form which asks both for US physical address and US mailing address, the I-134 form asks for a US physical address, but does not ask for a US mailing address – just for the mailing address. As the I-134 affidavit of support form is only a part of the I-539 filing, the mailing of notices from USCIS is not dependent upon what is indicated as a mailing address in the I-134. 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

The general rule of law is that a property owner may not use his or her property in a manner that damages a neighbor's property.  You may have a claim for monetary damages due to your neighbor's negligent discharge of her pool water if it caused damage to the wall or your landscaping.  Your damages would also include any construction costs reasonably necessary to shore up the retaining wall or repair the retaining wall if it is on your property.  Your neighbor may also be in breach of the CC&Rs if any.  You should consider reaching out to the HOA property manager to discuss your complaint to to have a clear understanding of which party or parties have the reponsibility to maintain the retaining wall.  The HOA may issue an order to your neighbor to stop draining the pool onto your property.   As a worst case sceario, if the wall is on your property and you have the  maintence responsibility for that wall and you believe your neighbor's actions and damage will continue, you could seek a restaining order. ... Read Answer

Without the help of your husband’s documents, it is difficult to see how USCIS could approve a change of status application from H-4 to F-1. For a change of status in the US, USCIS must see that both you and your husband are maintaining legal nonimmigrant status – especially focused on your husband since he is the principal of the H-1B/H-4 statuses. You would need a copy of his H-1B approval and proof of recent pay from the H-1B employer to show that he is maintaining his status. 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 are multiple ways to commit domestic violence in Arizona. You don't have to hit someone to commit domestic violence. A person can commit domestic violence by disturbing the peace of an intimate partner, live in relative, immediate family member, or roomate.  Domestic violence includes damaging property. In this instance, it sounds like your domestic violence charge is predicated on criminal damage. Sufficient evidence for an arrest is not the same as sufficient evidence for a conviction. For example, if whoever called the police reported that you broke the phone, or neighbors claimed they heard yelling or something breaking, or if your girlfriend told police you broke the phone, that is enough to support probable cause. To convict you, the State must prove beyond a reasonable doubt that you broke the phone. This is a higher standard of proof than what is required for arrest. You should expect that the prosecutor is going to produce direct or circumstantial evidence (both types of evidence count) to support the charge against you. If they can't, the charge will be dismissed. Many people wrongly think that their arrest is automatically illegal if the police do not read them Miranda warnings. Miranda warnings are only required in the following circumstances (for adults): 1) You must be in custody (the legal standard here is that a reasonable person would not feel free to leave; AND 2) You must be subject to questioning. What counts as questioning? Any question or statement that is designed to elicit an incriminating response. The court advising everyone of their rights over a loudspeaker at an initial appearance is done as an extra protective measure to make sure that everyone is at least aware of their rights. It is legal.... Read Answer

The answer depends on why the court ordered you into classes. If classes are part of a sentence of probation or diversion, you can request that the court transfer your supervision to the locale where you live (i.e. transfers from Maricopa County to Yavapai County, etc.). The new locale must agree to accept the transfer. If your court ordered classes are not related to a criminal matter, you may have other options. It is difficult to answer your question without knowing more facts.... Read Answer

An officer must have reasonable suspicion to stop an individual and is permitted to engage in roadside questioning to confirm or dispel their suspicions. However, the Fourth Amendment requires that a search must be supported by probable cause that a crime has been committed. A person can consent to a search, but that consent must be freely given and not in acquiescence to a display of authority. Walking up to a car door and engaging motorist probably does not offend the Fourth Amendment. Pulling them out of the vehicle without probable cause is an entirely different story and also undermines any claim an office might later make that an encounter was consensual. To support a civil action under 42 USC Section 1983, a plaintiff needs to show that they were deprived of their civil rights by a government employee acting under the color of state law. A Fourth Amendment violation can certainly support such a claim. However, the more difficult issue is that the plaintiff will need to establish damages. What financial, psychological, physical, reputational harm did the plaintiff suffer as a result of the officer's actions?... Read Answer

When does an activity begin to look like work? I believe that it would be very difficult to characterize giving blood as some type of work. There is the compensation angle, but what is it for? Self-employed individuals perform some activity for compensation such as artists or consultants. When you are doing is basically a passive activity. Under the circumstances, I am of the opinion that this should not be labeled as unauthorized employment. 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

As your father was the principal on a labor certification with merit filed prior to 4/30/01, your sister who was under the age of 21 at the time is grandfathered for purposes of §245(i) if she entered the US by December 21, 2000. That means that she is not barred from adjusting status through any means that she can gain immigration from even if she entered the US without inspection or took up unauthorized employment or overstayed her visa status. For purposes of accompanying or following to join your father on his case, she would be too old by this time. You say that your sister has a US citizen daughter who will be turning 21 in a couple of years –that petition would likely be the quickest way for her to immigrate. Usually, an immediate relative petition like this would take approximately one year to complete. A sibling petition begun today on the other hand could take approximately 15 years to gain permanent residence. 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

I do not practice criminal law, but in googling criminal speeding in Arizona, it appears that excessive speeding is traveling at more than 20 mph over any speed limit in the state, and that it is a class III misdemeanor for which the maximum penalty is 30 days in jail, a $500 fine plus an 83% surcharge and up to one year of probation. Those are pretty hefty penalties for what does not appear to be a big crime. That being said, I do not know whether having the misdemeanor on your record will reduce your chances of obtaining a good job opportunity. However, such should not affect your H-1B status as it does not appear to be a Crime Involving Moral Turpitude (CIMT), which is usually the line used to determine whether DHS should begin to become involved. I note that visas have an element of discretion, even H-1B’s, and if you had to or wish to obtain a visa in your passport, the incident could result in a consular officer looking harder at your application, especially if there is a finding of guilt. 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

What you are really asking is whether a lawyer will approve your using the Quicken program. Forms are forms created to apply to thousands of people. Lawyers provide legal advice not forms.  Forms do not provide legal advice nor do they protect you if a mistake is made. The risk of using such a program and not hiring a lawyer is your decision to make. If your estate is very small and there are no complications, a Quicken plan may work just fine. There is a reason, however, it costs more to hire a lawyer to advise you. They provide value that forms cannot.... Read Answer

There are two questions here. The first question is more of a question of whether someone can report you to the police and get a citation issued. The answer is yes if the police are convinced that they can show that you were brake checking, driving recklessly, or exhibiting road rage.  Evidence can be a dash cam and witnesses.  A dash cam could easily convince the police that you should be issued a ticket.   The second question relates to a civil lawsuit.  Normally a person cannot file a lawsuit against you because they cannot establish damages from whatever happened as long as no one was hurt and no property damaged.           ... Read Answer

This case will probably be against a government agency. Most states limit the amount of fees an attorney can recover in suits against sovereign entities. This is why it's difficult to get counsel interested in it. You should contact the Arizona state bar and ask for them to refer you to a personal injury attorney preferably one who sued public entities. Act quickly because there are much shorter time periods/ statutes of limitations when filing a claim against the government. Good luck! ... Read Answer

Dear Charles,  We are sorry to hear you are suffering from prostate cancer after long term regular usage of Zantac/ranitedine (over the counter or prescription) for heartburn treatment. There are certain time requirements and criteria so you should hire a firm posthaste in order to be included in the Census/Court Registry.  Take care,    Carolyn St. Clair Carolyn St. Clair, RN, BSN, JD, PLLC Trial Attorney and Registered Nurse The Nations Law Firm, Of Counsel New York, Washington, DC, Texas 440 Louisiana, 9th Floor, Houston, TX 77002 713-861-5620 - 1-800-814-4540 - 1-888-818-6280 FAX ... Read Answer

This is an unfortunate problem with beneficiary deeds. They accomplish the easy transfer of title easily after death, but do not address any complications that may arise if the beneficiaries do not agree. In your situation, you brother has to understand that his position is not supportable. Unfortunately you need to make him understand that and your talking to him is unlikely to accomplish what you want. I suggest engaging counsel to write him a letter explaining the facts that if he cannot buy you out, the house will have to be sold. He will also be responsible for the costs of the house while he is living there. I f he does not respond, a lawsuit to force the sale of the property is probably needed.... Read Answer