Arizona Recent Legal Answers from Lawyers

As your fiancée left the U. S. on voluntary departure, he is not barred from returning to the U. S. That being said, he needs at the very least another visa to return to the U. S. (if he did not overstay by 180 days) since his overstay automatically invalidated his tourist visa. He would have to explain his circumstances to the American consulate or embassy officer, and it would be up to him or her as to whether to give another tourist visa. A major question at such interviews is whether the applicant has nonimmigrant intent, and the fact that he is engaged to someone in the U. S. is an unfavorable factor in the adjudication. If he overstayed by 180 days, he is barred from returning for 3 years, and if the overstay was a year or more, the bar would be 10 years.  He could request a nonimmigrant waiver of the bar(s) after refusal at the consulate or embassy, and it would be up to the consular officer whether to recommend him for a waiver to USCIS.  If you are a U. S. citizen, you can file a K-1 fiancée visa petition on his behalf and he would be interviewed in his home country in approximately 9 months. If you are a lawful permanent resident, you can marry him and file an I-130 Petition for alien relative for him to immigrate. Such process would take approximately 2 years if all goes well. Finally if he overstayed for long enough to incur the bar(s), those timelines do not apply and he would need a waiver of inadmissibility based on extreme hardship to a US citizen or LPR spouse or parent if he wanted to immgrate prior the 3 or 10 years.  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 More

A Will has no legal effect until a Court admits it to probate (proving).  If your sister has not presented the Will to the Court, file an Application for Determination of Heirship.  She can either present the Will or live with a 50-50 distribution (assuming you two are the only heirs).   If you have evidence that your sister is a convicted felon and not allowed to possess firearms but does, report this to the police.... Read More

You appear to be very concerned about the money that will be involved with the baby being born in the US without insurance. That being the case, and unless you are dead set on having the baby born here, perhaps it is better that the baby be born in China. I assume that you can marry at any time, perhaps even now, and then begin the I-130 petition process with the idea of a final interview at the American consulate in Guangzhou.  Such would probably take about a year. That would likely give enough time for your wife to give birth and recover so that she would be able to gather the documentation and appear for an immigrant visa interview overseas. The timing should also give you time to prepare for a life with your wife and the child. 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 More

The processing times of U.S.C.I.S. are an approximation, and many cases are called to interview before the end of the stated processing periods. That being said, even if the true processing time in your case is 20 months, U.S.C.I.S. would not expedite your case unless it was emergent. Obtaining a Social Security number can be done without having an approved case. If you file for employment authorization on form I-765 Application for Employment Authorization at the same time that you file the I-485 Adjustment of Status Application To Permanent Residence, the agency will normally process a work authorization within 3-6 months. With a work authorization card, you can apply for and obtain a Social Security card within a month. 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 More

You would stop work due to the home owner's material breach of your contract, and sue the home owner for damages sustained from their breach of contract.  In many jurisdictions (I don't know about AZ specifically) you would also, even before going to court, be able to file a mechanic's or materialman's lien against the home for the amount owed.... Read More

When a Chapter 7 case is filed, the bankruptcy trustee becomes the owner--at least temporarily--of everything the party filing the Chapter 7 case (the "debtor") owns.   Your son presumably owns 100% of the S-Corp.  That interest would be an asset of his Chapter 7 bankruptcy estate.  Whether the corporate assets would therefore be at risk depends on their value, and what exemptions he has under applicable law relating to his case.   For more on exemptions see https://www.bklaw.com/bankruptcy-exemptions.... Read More

While being agent under a Durable Power of Attorney allows you to act on your mother's behalf, it does not take away her right to do whatever she wants with her money.  You may think that she is making bad decisions.  We all make bad decisions.  Unless your mother lacks legal capacity (is under a guardianship), she can do whatever she wants with her money -- which is, after all, HER money.... Read More

If your brother left a Will leaving her everything, she likely had no duty to notify you or your parents of anything related to probating and settling his estate.   If your brother died without a Will, most states would treat his surviving spouse as the only heir unless he had children from another relationship.  Again, his birth family would not need to be notified.   Contact an Arizona probate lawyer for a more precise answer.... Read More

The answer depends on what type of change it is, and the language of the trust.  If there is a provision in the  trust that specifically allows you to amend or revise it, you may be able to.  I would make a copy of the trust, write the change on that, and sign and date it with a notary or witness.  If the change is substantive (for example, omitting someone from the trust or changing distributions somehow, it 's probably worth paying a lawyer.  ... Read More

You are not a party if you did not file or contest an action.  That does not mean that you are not entitled to an accounting.  Hire an Arizona lawyer to demand one and, if it is not forthcoming, to bring a motion to have the personal representative replaved and held personally accountable.... Read More

Good afternoon Kimron, we would be happy to assist you in this matter. Our consultation fee is $350.00. Please do not hesitate to contact our office to schedule your consultation.   Thank you for interest and contact with the Deneau Law Firm PLLC     Very Truly Yours, Kamia Richards, Legal Secretary 480.306.5977   ... Read More

There is no bar on a hotel or anyone else calling your employer to complain about you, as long as they don't defame you by making false staements of fact (not opinion, for example, stating the opinion that you were rude is not defamatory, even if you don't think you were) which damage yuor reputation.... Read More

Good afternoon Robert, you may call our office at (480) 306-5977 so that we may obtain a few more details and we would be happy to schedule a consultation. Our consultation fee is $350.00 for one (1) hour. Please contact Kamia or Lisa at the number above. Looking forward to hearing from you and thank you for contacting The Deneau Law Firm, PLLC.... Read More

In response to the life insurance, if your father listed you as beneficiary on his life insurance policy, you should are entitled to the share. It does not matter that you are not his biological child. The insurance policy should not have to go through probate since your father named beneficiaries. ... Read More