California Recent Legal Answers from Lawyers

During the period from 12/1-12/21, yes, you were working unprotected by an agreement. However, if the contract's effective date is listed as 12/1, then even if it wasn't sent or signed until 12/21, it would still protect you for all work as of 12/1 once it has been signed. I would highly advise having an attorney review the document before you sign it.... Read Answer

We are not aware of any rule in California or anywhere that disallows name changes with naturalization. You should note, however, that name changes cannot be made unless the naturalization oath ceremony is conducted before a state court. If the oath ceremony is to be conducted with USCIS, no name change is possible. Many individuals opt to go with a USCIS ceremony as those can be scheduled in most cases much more rapidly than in the courts. 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 Department of Homeland Security draws data from many sources, and I cannot tell you whether your applying for a cannabis card would show up on any of the databases. However, removability depends upon a proven or admitted violation of the law, not an application. For example, just because an individual applies for a driver’s license does not mean that he or she will wind up driving. Some just like to have a driver’s license for identity purposes. 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

Hello.  Yes, your mother inlaw's insurance should take care of her bills, not you.  Was there a defective condition at your house that caused the injury, like a broken tile, raised crack/step that was not obvious/marked?  If so, your homeowner's insurance would be responsible for paying for her injuries/bills, and you should submit a claim to insurance on her behalf for that.... Read Answer

That sounds like a horrible experience, but a defamation claim is only valid if the statement(s) made by the teacher were false.  If they are, then you may have a claim.  However, the teacher is not responsible for the actions of a third party (the student), they are liable for your injury.  Let me know if you wish to discuss the details of your claim so that I may better advise you of your options.... Read Answer

As a US citizen son or daughter over the age of 21 sponsoring your mother for resident status as an immediate relative, your marital status has no effect upon the timing of your mother’s residence application. Please feel free to marry. 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

If your daughter was not intoxicated while driving, the debts she caused in the accident should be dischargeable in a bankruptcy case.  She should have a consultation with a bankruptcy attorney in her State to learn her options and eligibility for bankruptcy relief. I offer free initial consultations.... Read Answer

If the hip implant was manufactured by a company called Exactech, it is subject to a complete recall due to a defect in the way that the company packaged their implants. The defective packaging caused premature wear in the implant which leads to the implant failing in the patient’s body. Normally this leads to complications such as swelling, pain, grinding or clicking and instability.  Also, it may be possible that the contamination occurred during the surgery itself. During the surgery, the surgeon may have used a blanket called the Bair Hugger to keep your mother warm. These blankets have a pump that heats air from the operating room and circulates it around the patient during the surgery. The heated air may contain contaminants from the operating room itself. In lengthy surgeries such as joint replacements, this leads to a risk of a deep joint infection developing from the surgical site being exposed to the contaminated air. If either of these two situations apply, your mother may be entitled to financial compensation. You may call Van Law Firm at 360-200-0000 so we can better assist you.... Read Answer

USCIS is attempting in as many ways as it can to reduce backlogs that were caused by the pandemic and the Trump administration. Part of the effort is to reuse the biometrics whenever it can since fingerprints do not change over time. Either you failed to completely read one of the notices saying that the agency would reuse your biometrics or USCIS failed to send that one out or it was lost in the mail. The notice that you now have seems pretty clear in indicating that the agency will reuse your biometrics. 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

Although it seems like a very small violation of status, perhaps the best policy is to put it down and explain exactly what happened in your application. I imagine that most consular officers would not hold such a small infraction against you. 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

Check this resource to see if the lien is valid:  https://www.cslb.ca.gov/Consumers/Legal_Issues_For_Consumers/Mechanics_Lien/If_A_Mechanics_Lien_Is_Filed_Against_You.aspx If it is, and you are unable to negotiate directly with the contractor to have it removed, contact an attorney to see if they can negotiate on your behalf to help remove the lien or defend a lien foreclosure action.... Read Answer

Hello.  Yes, a "piece of paper" may be a valid will.  It has to be signed but not notarized; even better if written in the deceased's own hand.  This is called a "Holographic" will in CA.  Do you have a copy of this paper?  If so, you may be able to petition the court for probate of your Aunt's estate.... Read Answer

There is no guarantee that you will be allowed to have your stamping done for the H-1B visa in London. There is prejudice in most US consulates against giving visas to third country nationals. The good factor that you have on your side is that you have good reason to be in England as your husband’s family is British. You can try, and good luck. You should of course look at the embassy website to see whether there is a stated attitude on third country nationals and the issuance of visas. 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

If a person dies without a will, then under most state laws, the property of the decedent would pass under intestate succession. This means that the property would pass to the blood relatives that are closest to the decedent, which would be the wife and any children that the decedent had. If the decedent cut you out of the will, then under most state laws you would be entitled to nothing. ... Read Answer

This question is a family law question. But I can see how you mistakenly believe this question is an immigration question because two foreign nationals living in two different countries are involved.    That said, most states will grant a divorce even if both parties are not within the state’s jurisdiction (which includes parties living outside of the United States).   I recommend you speak to a California family law attorney to properly advise you on this issue.   --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

An individual holding E-2 visa status is allowed a 60 day grace period to find new work. You can only use it once, however, in connection with the current validity date of the E-2 status. The grace period  is also applicable to an individual like you attempting to change status to another category such as F-1 student. 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

You do not have to correct your name on the green card before applying for your US citizenship. I note that USCIS does requires individuals to have green cards with at least six months validity on them when applying for citizenship. That is usually the only time that individuals must apply for new green cards when applying for citizenship. As you already have a legal name change, you can enclose a photocopy of the court document changing your name in your naturalization application. To lessen confusion in any day-to-day situation, you can carry a copy of your name change document with you along with your green card or a copy of it. 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

It is likely that the firm you hired is no longer in business.  Attorney's that receive funds on behalf of their clients are required to hold them in a Trust Account referred to as an IOLTA account.  If the funds are not disbursed to a client and the Law Firm can't locate the client to disburse the funds to, after a period of time the funds will escheat to the State.  This means the funds will be sent to the State to hold for a period of time to see if someone claims those funds.  These time periods can vary from State to State.   First you should see if the Law Firm still exists and if it does request the funds from them.   If they don't exist or are no longer holding your funds then check your States Unclaimed Funds website under your name and your parents names to see if the State is holding your funds.  If you are still unable to locate the funds you may need to retain an Attorney to investigate what happened to the settlement proceeds you are entitled to.  ... Read Answer

A “call up date" is the date which an immigration officer sets to call the file back up and look at it for adjudication purposes. It is assumed that some action will occur prior to the call up date that will make the file complete for adjudication by that time. Under USCIS’s present flexibility on RFE’s and other requests for information during the time of the pandemic, individuals are given another 60 days to respond to the agency. Thus, your real deadline is September 19, 2022. It may be that the USCIS officer thinks that you will give back a response by August 30, 2022, and so put in the call up date. If there is nothing by that time, the officer would likely put the file back down with another call up date. 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

Unless the organization that is interested in hiring you is cap exempt (institution of higher education, nonprofit organization affiliated with an institution of higher education, nonprofit research organization, or governmental research organization), it must go through the selection process to hire H-1B workers. Such involves registering the company and possible candidates in March, after which USCIS will announce the selectees in the last week of March, and allow H-1B visa petitions to be filed beginning in April for work to begin in October assuming that petitions are approved in time. A few options to consider are searching for a cap exempt organization, applying for O-1 extraordinary alien status if you are extraordinary, or working under H-4 if your wife is able to obtain an I- 140 approval. 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