Arkansas Recent Legal Answers from Lawyers

There are many reasons why a contract could be invalid, but using a nickname by which you are ideetified and which you signed is not one of them, and you haven't written about any others.  The contractor could be liable for the damage to the bus if either (a) it was part of your contract that the bus would be driveable after the conversion; and/or (b) the bus was damaged due to the contractor's negligence (or if  the contractor intentionally damaged it, but I assume that is not the case).... Read More

The January visa bulletin allows individuals to use the final action date if it is more advanced than the dates for filing chart. Although you mentioned China and India, the F-2A final action date category for all countries is current. You can proceed with filing the I-485 application at this time. 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 cana, but you say that you have tried to get paid "over the years."  Depending on how many "years" it has been, the statute of limitations on your claim may have passed.  You should check what the Arizona statute of limitations is for breach of contract.  Also, inmany states (I don't know if it's true in  Arizona), a debtor's written confirmation that he/she owes the money can extend the statute of limitations, so even if you would ordinarily be too late, if your ex roommate recently confirmed that she owed the money, the time may be extended.... Read More

You may pursue trademarks for the two products and educational services. The two types of trademarks that are suitable in this situation include the name-based trademark. Another one is a service-based trademark, which is based on educational services. Before you choose the product name, conduct a comprehensive trademark search with the help of a trademark attorney. This comprehensive search must include federal USPTO trademark databases, state trademark databases, and common law. Based on this search, any trademark attorney will give you a search-based legal analysis about the possibility of trademark registration. Trademark registration is a 6-9 month process and you should be patient with the USPTO process. You are the owner of any work-for-hire copyrightable work. You may pursue copyright based on the "original work of authorship fixed in a tangible medium of expression." See 17 U.S.C. § 102 (a). I need more information to state whether you may pursue copyright solely on design.  Patent eligible subject matter includes "any new and useful process, the machine, manufacture, or composition of matter" may obtain a patent." See 35 U.S.C. §101. Abstract ideas are not protected under patent law. Any research material that is already available to the public in some form and utilizing slide charts may be abstract and not patent-eligible. I need more information to determine whether there is any more patent-eligible subject matter that you pursue. Good luck!   Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

We encounter this problem with a lot of financial institutions, particularly national banks, even with an Order Approving an Affidavit of Small Estate.  Try a local, Texas bank.  But note that that Order does not appoint you administrator.  Rather, it approves an Affidavit in which you and the other heirs state what the decedent left, what shares pass to whom and that (together with the witnesses) you promise to pay all the decedent's debts.... Read More

Life insurance passes to the person named on the policy (likely your stepmother) and only passes through a Will (or, if there is no Will, to the heirs under state law) if no one is named. If there was a Will, things go to whomever the writer of the Will named. From your description, it appears that there was no Will and that you are asserting that the personal property was not marital property under Arkansas law so that a portion of the proceeds should pass to your father's children.  This is a question to be raised with a local probate attorney. No one can prove what is in another person's mind, what their intentions are or were. If you believe that your stepmother's care of your father constituted abuse or neglect, you should have reported it to Adult Protective Services while he was alive.  If would be difficult to impossible to investigate that now.... Read More

Yes that's correct. You must marry within 90 days after he enters the US on his fiancé visa, and then he can immediately adjust status to get his green card. It takes about 9 months to get his fiancé visa after the case is filed, and then after he enters the US, it takes another 9 to 10 months (after filing his adjustment of status) until his green card interview which you both must attend. My fee to represent you from start to finish is $1,000.  (Made payable in 2 installments).... Read More

Retain an attorney who handles immigration cases. Counsel in any state can represent you both. Some of us charge a very affordable flat fee to represent you from beginning to end. If you have met in person, you can sponsor him for a fiancé visa and then he can adjust status to get his green card after he enters the US and you get married. ... Read More

Are you sure thats what they are asking for? Ask them if another photo id would suffice.The fact , more than likely, is that its an expired visa is what the issue for them is....Once you get married, discuss with an immigration lawyer how your spouse can gain lawful permanant residency. My office charges a very reasonable flat rate fee to do the case from start to finsh. I accept cases in the US and throughout the world. Free consultations are given. ... Read More

No one is power of attorney of an estate. Someone may be appointed agent under a durable power of attorney effective while the person is living. Someone may be appointed executor of an estate, effective when a Court admits a Will to probate (proof). Your father does not need to tell anyone, including you, whether he has executed another Will.  ... Read More

If your mother becomes a citizen at this time, she can petition for her married daughter again under the F-3 category for married sons and daughters of US citizens. However, this would be a new petition with a new priority date, and the F-3 category is backed up about 13 years. If there is another way for the daughter to immigrate, perhaps she should choose that instead. If not, the mother should file the petition as soon as possible. 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

Contact a local probate attorney to probate your uncle's estate.  While it may or may not all pass to his wife under Arkansas law, a power of attorney  is trumped by a guardianship.  If the niece has a valid power of attorney from the wife, she may not be exercising it properly.... Read More

A US citizen can sponsor his sibling but the wait time is very long. Siblings are not considered immediate relatives like spouses, parents and children. You wouldnt be able to petition him anyway, as he is not youir brother-that would have to be done by your wife, but as I said the wait time is very long. To determine the wait time, go to the State Dept. web site to see what applications are currently being processed from the Phillipines and it will tell you when those i-130's were filed. Good luck. ... Read More

One charge of public intoxication would probably be okay, but a history of more than one could be problematic for visa issuance. Consuls have been known to take intoxication very seriously and deny cases on health-related grounds that the person has a mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the individual or others. 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