Arkansas Recent Legal Answers from Lawyers

That depends upon whether one is incarcerated or not. If you are released from custody, a substantial delay may not be be unreasonable. If you are in custody you shal be taken before a judicial officer "without unnecessary delay." The actual time lapse is the subject of a debate and may depend on a number of circumstances.  Your best course of action is to obtain legal counsel who can see that you are placed on the Court's docket quickly. ... Read More

If your husband has a willing friend or relative who can be a cosponsor, that would suffice as long as it is a credible offer of sponsorship. Your husband probably knows friends and contacts through his schooling. If he wishes to remain legally past the time of his OPT, he could reregister as a student at his last institution or another one that is willing to accept him. With more time, he may be able to find a job or you may find one also. I also note that the law allows a person who is not in status like your husband to still obtain adjustment of status to permanent residence through a US citizen spouse as long as otherwise qualified. 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

Not a problem unless your convictions are for sex offenses. The Adam Walsh Act bars sexual convicted offenders from petitioning. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read More

Stepparents are a parental figure in one or both of the child's parents home.  While there is no statute of which I am aware that prohibits a stepparent from disciplining a child, it has been my experience over the last 22 plus years that a stepparent disciplining a child, especially physical discipline, is the quickest way for the stepparent's spouse to end up back in Court wherein allegations or abuse are made, is likewise the quickest way for a report to the Arkansas Abuse Hotline to be made by the other parent and the quickest way for a police report to be made.  I strongly suggest no physical discipline by the stepparent under any circumstances.  As far as "time out" or "removing privileges" if the situation calls for it, and the parent is not at home to handle the situation, do what you've got to do if a child has crossed a household boundary.  The parent needs to be the disciplinarian, not a stepparent, so I will reiterate that any discipline needs to be handled by the parent unless they are not present.... Read More

He will need to file two separate I864 forms. One for you and one for your wife, his mother. In oen of teh form, he, in his caculations should reply on te household alone while in the second form, include number one in the immigrants previously sponsored in the calculations of the houshold.    I864 and How to fill it out. ... Read More

It is difficult to say why this is happening to your son’s case. A 221G letter is given for many reasons even though its specific language says that the case is missing documentation. Usually family-based cases that are returned to the States are transited through the NVC. Perhaps that is your son’s situation. In that case, U.S.C.I.S. would ultimately reach your son’s case to see the basis of any objections from the Embassy. It would then either reaffirm its approval of the case or send a notice of intent to revoke to you in order that you can respond to its concerns. 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

Your daughter cannot get into trouble by getting into a relationship with an undocumented immigrant. That is, unless she commits crimes with him. In answer to your question as to how your daughter’s boyfriend can be deported, I note that before he is deported, he would be afforded due process under U. S. immigration laws. An undocumented immigrant who is caught up in immigration proceedings may first have his case considered for prosecutorial discretion by ICE, then afforded a hearing before the immigration court if there is no agreement for prosecutorial discretion.  If the decision by the immigration court goes against him, he is entitled to appeal his case to the appellate authority of the U. S. Justice Department and later to the federal courts. 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

Hello,   You can get information about the type of visa that you would need to travel to India by contacting the Indian Embassy or Consulate here in the U.S. If you search on the internet, you will be able to find the website and phone number of the nearest consulate. 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 More

B1/B2:  Since she is planning on marrying you in the U.S., she cannot come under the nonimmigrant B2/B2 visa.  Why?  Because the B1/B2 visa is a nonimmigrant visa, which requires nonimmigrant intent - return to her country.  Since she is planning on marrying you, she has immigrant intent - she will NOT return to her country but stay in the U.S Since you are not yet married, the K-1 fiancee visa is he way to go.    ... Read More

I regularly handle personal injury claims, and am able to offer this list of what to do after a car accident.  I realize it may be too late at this point since the accident has already occurred, but go through the list to check off what you do have.  This will allow you to organize the information, which will make it much better for a personal injury attorney to investigate your claim. If you have not already done so, take pictures of the damage to the car.  Get two estimates for the damage.  Even if your daughter is not showing any immediate signs of injury, take her to a medical professional for treatment.  You should probably consult with an attorney, as he will probably be able to refer your daughter to an appropriate healthcare provider.  She should start keeping a diary of her pain and how it is affecting her daily life.  If she has lost time from work, or is paying for a rental car or other expenses, keep track of those costs.  Ultimately, the value of the claim will depend on the total of the medical bills, car damage, lost wages, rental expenses, and the severity of the physical injuries.... Read More

First, absent a contract or statute saying otherwise, you are responsible for paying your attorney,  win or lose.  If the other party's wrongdoing caused you $5000 worth of damages, and your attorneys' fees come to $1,000, the judgment will be for $5,000.    Second, if the loser can't pay, you won't get paid.  However, there are a number of different legal mechanisms available to help you collect on any judgment you obtain, including garnishing the judgment debtor's wages and/or selling his assets, until the judgment is satisfied.  Also, you have a number of years to attempt collection (20 in New York, don't know what it is in Arizona), so the guy may be broke now, but if he comes into any money in the future, you can still enforce the judgment.... Read More

You can sue for whatever damages you incurred, even if that is more than you paid.  For example, if you paid the landscaper $3,000 of a promised $7000, and it will now cost you $12,000 to fix the problems, you can recover $8,000 - $12,000 minus $4000 which you didn't pay the landscaper.  You can't recover more than your money damages.  As to whether you should sue in small claims court or engage an attorney (two separate questions), only you know (a)  how much is at stake; (b) how complicated the issues are; (c) how confident you feel in your ability to handle the matter, etc.... Read More