California Recent Legal Answers from Lawyers

From the time that a US citizen sponsors a spouse, it takes roughly 18 months before the marriage interview to get the green card. When you file the case, you can request advance parole, but that takes 10 months to obtain permission to travel out of the country, pending the adjustment of status case.... Read More

That depends on his situation. At the age of 18, you have passed the age of consent and are free to marry without parental consent in any state of the union. You can petition for him assuming that you are a US citizen or permanent resident. Whether his immigration case will be successful depends upon his total circumstances, e.g. mode of entry, past problems with police or Immigration, etc. I suggest that you have a consultation with a lawyer with experience in immigration law. 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 More

Under a guidance change some time ago, those who timely file for F-1 change of status are not required to file for an extension of the B-2 status. As to your question of the likelihood of being approved, I cannot say, but in our experience, USCIS approves more requests for change to F-1 status than it denies. 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 representationguidance 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

If your employer is a private entity, there is no law that says they need to pay holiday pay.  Each company can set their policy about this. The question is more whether you are properly an exempt employee.   Check your employment handbook whether it applies to all employees.... Read More

As an employer in California, you have a duty to reasonably accomodate your GM.  Go through this process with him.  The area of age and disability discrimination is very technical and you will be well advised to seek an attorney (employment defense attorney) to help you through this process.  You can also call the California Civil Rights Department. https://calcivilrights.ca.gov/contactus/    ... Read More

If your mother did not die within "120 hours" of your father, then it would still go to her as the primary beneficiary. When she passed away, that is just another one of her assets (the inherited-401(k)) that would need to be divided to HER "heirs" or "divisees." ("heirs" for people dying intestate/without a will, "divisees" if she had a will or trust in place). ... Read More

As I understand your question, you cannot get married twice without having been divorced from the first marriage. The 2nd marriage would be void as a matter of law. If you got a divorce from said person, I think it's insignificant what date you put down. The divorce should be effective against the person you're divorcing (as you had a valid marriage in place with said person.). ... Read More

Go to the California Registration & Tiling website and enter the mobile DecalNumber and see if this is within their authority. If yes, you can complete the registration change by filling out the online form. You will need the original registration and original certificate of title (and have a scannable version for upload as well). If there are any taxes outstanding, you must pay the taxes and get a certificate of tax clearance to also upload before you can submit your application.... Read More

It's always a good idea to plan ahead.  Unfortuantely, it's not easy to answer your question definiteively without more information.  As much as we'd like to answer your question, we wouldn't want to make any assumptions in making any recommendations and lead you astray. Generally speaking, it's a good idea to set up a living trust.  Trusts are the best way to avoid probate and provide for a seamless administration of an estate.  That said, not all situations call for a trust.  It depends on various factors.  We suggest contacting an estate planning attorney, preferably in the state where your brother holds his assets.      ... Read More

Hello Mr. Lee, I hope your issues have resolved.  If your break issues are continuing, you may be able to file an action, either with the Labor Commissioner or with the Superior Court.  Let us know if you need further assistance.  Arlo Uriarte, Attorney, Liberation Law Group, PC 415.695.1000 arlo@liberationlawgroup.com... Read More

The deed of trust recorded creates a lien on property. The sale of the proprety will not remove the lien (its effect will continue until it is released).  Most sales involve new financing. When a financing occurs , the new lender will require a clear title to exist before funding the loan. If the sale does not require a  new financing, then the buyer of the property takes title subject to the existing liens of record.   We would recommend asking a title company to provide a history of the sale transaction and providing a copy of all liens of record (which will not only show you the status of the title of  the property but confirm your lien is of record.)  Once this information is confirmed, you can make a demand for payment against the new buyer for payment. If there is no response, you can initiate a foreclosure action (either by power of sale or throgh the court system).... Read More

As a US citizen, you cannot directly apply for your mother-in-law’s B-2 visa as that is an application made by her personally. However, you can supply her with a support letter addressed to the American consulate or embassy guaranteeing her financial support while she is here and that she will return to the home country at the end of her period of visit. You can fill out an I-134 affidavit in support and include such as your job letter, bank letter, and tax return. 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 More

I would suggest that your daughter and/or her father contact her automobile insurance company/agent and do what is called "tender the defense and indemnity" to them.  Hopefully, the insurance company will assign an insurnce defense attorney to defend them and hopefully settle the case for them.   If the insurance company denies the claim please feel free to reach out to me to discuss.... Read More