Arkansas Recent Legal Answers from Lawyers

In your situation, you now appear to be on the right path to have your son join you in the US. However, your priority date for your son is not yet current as your I-130 was filed on 4/4/17 and the December 2018 visa chart discloses that immigrant visas are only being given to those who filed before 10/8/16. In the meantime, the petition which was approved on 8/23/18 should already be at the National Visa Center (NVC), and you should shortly receive instructions concerning payment for the affidavit of support and immigrant visa. Once the fees are paid, the NVC will release instructions concerning the filling out of and submission of the I-864 affidavit of support form and DS-260 application for immigrant visa. It will also state the documents which are required which include copies of your son's birth certificate, passport with at least 8 months validity, and your financial support documentation such as job letter, banking statements, proof of recent pay, and tax return. If you are not able to financially support your child, you are allowed to have a joint sponsor who can take up the support obligation by filling out another I-864 form and giving the above documentary proof of ability to support and US citizenship or permanent residence. If living in the same household, e.g. your father, he would not have to fill out a new I-864 form, but could fill out the I-864 A form for household members. 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

If on the basis of your having two children in the US, please note that US immigration laws do not allow permanent residence based upon having young children born in the US.There is the so-called ten-year green card, but that requires 10 years residence, good moral character, and that you prove exceptional and extremely unusual hardship to the children if you have to leave the US. In addition, that type of application is for people who are illegal, and is requested before an immigration court, not U.S.C.I.S There are many difficulties in getting such a case before the immigration court.  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

Statutes of limitations give you a certain amount of time to file a lawsuit, they have nothing to do with how long the suit takes.  In other words, if the claim was timely brought in Aug 2016,  the case can be litigated for 20 years (I am currently involved in a case that was started in 2000) without violating the statute of limitations.  If, which I doubt (but I am not sure as I am not an Arkansas attorney) the statute of limitations was less than 2 years and 8 months, you may still have waived that defense if you did not raise it in your answer to the complaint (you called it a response to a petition, which is possible in Arkansas, but in most states the complaining party would serve a Summons and Complaint, and the defending party would serve an Answer to it).... Read Answer

Hey Jennifer, there is a lot to consider in order to predict what can or can not happen. You lost the custody to your mother, but still have been taking care of the children. Depending on what is the background of the case will depends on what can happen. It would be best for you to seek a privte attorney to discuss your case directly and go over your options. A Child custody lawyer charges anywhere from $2,500 to $4,500. If you can not afford a private attorney, you will need to follow up with family court clerk to see if they can provide you a legal aid or pro bono attorney. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read Answer

What you would need is to request the court for Primary Custody of your son based on the circumstances you are alleging. If there is a custody order already in place you can request the court for modification. As a general rule of thumb, you can represent yourself in court and save the costs of an attorney by using a paralegal to draft the court forms. However, if you do chose to hire a lawyer in Arizona, you can expect to pay anywhere from $3,000 or so. I am licensed in New York and New Jersey. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to go over your options.... Read Answer

Hey Rachael, you can obtain guardianship of your niece. You will need to present your bases for such request to the court. You can represent yourself in court or hire an attorney. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read Answer

Biological parents have rights. Family Law cases are all about who has the best attorney to present the case in a manner that the judge can favor the represented party. He is not on the birth certificate, as long as you can present that he is not a fit parent and should not be around the child without supervision, you should be okay. Please contact an attorney directly to discuss your case and possible options. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read Answer

Yes, Definitely! You can take him back to court for child support. If you don't want to modify the custody arrangement than simply petition for child support only. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

How long its been since he took the child? You should contact law enforcement if its an emergency and you believe your child may be in danger. Please consult with an attorney if you have custody granted through court. You might have to file a petition to get the child back in an emergency manner. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York City but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Arizona.... Read Answer

Can he file for child support while you are deployed will depend on your state laws and the judge that might grant him. As long as he serves you properly you should be able to respond / contest it through your military channels if they permit it otherwise most times courts and judges do give a judgment by default for no show and no response. If the support gets established while you are gone than the court might have you back pay it when you return. what if you filed for it now? You can certainly file for it now while you have the kids and the court will most likely approve it because he makes more money than you and you have the kids right now. What you can do is what I was thinking possibly get on child support now so he will pay you. You save that money for when you are deployed and pay him monthly for support when you are gone using the same money you collected from him. But don’t disclose this fact that you are pursuing support to pay him support while you are away. Pursue support if you really need it. one you are deployed and he is on child support he will wake up and realize he has the kids and you are not taking care of them so why is he paying you. That is why when I said you should get on support now save the funds and when you are deployed you pay him half of the support or whatever you can afford to pay.    Its better to discuss personal case details via phone or text. Looking forward to working with you.... Read Answer

Absent a contract or statute permitting you to do so, you can't place a lien on anybody's property withut first obtaining a judgment against that person.  In other words,you need to sue hte roofing business for the amount you claim it owes you and prevail before you can encumber its property.... Read Answer

You may be charged with filing a false police report. That may, in turn, have an impact on your suspended sentence. You should obtain legal counsel if you are charged or if there is an attempt to question you about the report. Do not discuss the report with the police without legal counsel!... Read Answer

YOu can get a DWI sealed (what we used to call expunged). However, you will likely only be able to seal the initial conviction pursuant to the first offender law. There may be cause to seal another. The event will still count as a prior conviction for a future DWI conviction enhancement purposes.... Read Answer