California Recent Legal Answers from Lawyers

Whether you can obtain the F-1 visa depends upon the discretion of the US consular officer who interviews you since the F-1 visa is one requiring nonimmigrant intent. If the officer is convinced that you are going to the US to pursue your schooling, will not try to adjust status in the US, and will leave the US if the schooling is interrupted, he or she may approve the visa application. I cannot tell you what the chances are, but believe that most consular officers would ask you to wait until you immigrate under the F-2A category. 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

Claiming SSI and Medicaid and other means tested benefits could bring about difficulties with your parents and the petitioner and any joint sponsors as they guaranteed your parents’ financial support. If the next president is Mr. Trump, there is more of a possibility of trouble. On your specific question of whether it could impact their green card renewals, they are given 10 years on their green cards, and so that situation will not come up for many years. It is hard to say what the climate of the country will be 10 years from now and what questions will be asked on the renewal green card form. 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

 Yes, you can take legal action to evict a tenant who has not been paying rent and has caused damage to the property.  In your case, since the tenant has allegedly caused damage to the property and has not been paying rent, you have strong grounds to pursue eviction. You may need to provide evidence of the tenant's nonpayment and the damage caused to the property. It is also advisable to follow the proper legal procedures for eviction, which typically involve giving the tenant written notice of the nonpayment and your intention to terminate the rental agreement if the rent is not paid within a specified period. Given the complexity of eviction proceedings and the need for proper legal representation, it would be beneficial to seek the assistance of a lawyer who can guide you through the process and represent your interests in court. Some legal aid organizations or pro bono services may be able to assist you if you are unable to afford a private attorney. In summary, you have legal grounds to evict the tenant for nonpayment of rent and property damage. It is important to follow the legal procedures for eviction and seek legal assistance to ensure that your rights as a landlord are protected. Disclaimer: The information provided in this response is for general informational purposes only and does not constitute legal advice. While I am a lawyer, I am not your lawyer and no attorney-client relationship is formed by this communication. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The content is provided "as is" without any representations or warranties, express or implied. I disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this response.  ... Read More

Hello.  An attorney will have to review your documents, but it sounds like you do not have to  quickly leave the house if you dont want to.  It does depend on how title is held with the grandson and what the terms of the trust are.  Did she leave her half of the house to you as a beneficairy of a trust or are you a surviving joint tenant?   The answer to that question will dictate your next move.... Read More

Hello.  You have a few avenues of relief.  Perhaps a stern-worded letter may serve to move the trustee/executor forward, but if that does not work, you could petition the court for an accounting (if none has been prepared by now) and you may also petition the court to  remove the existing administrator from his/her duties and appoint yourself to take over.  The administrator has a very high fiduciary duty to keep you informed and to properly invest all assets.  Forcing the admin to account is often a good first step.... Read More

With Biden's Immigration Executive Order which allows undocumented persons married to U.S. Citizens; this will give the undocumented persons the ability to have their U.S. Citizen spouse petition without them leaving the country. Full details will be release soon; I strongly recommend you have a legal strategy session with an immigration attorney.... Read More

Your siblings will have to home strong home ties which shows the U.S. government personnel that they have a lot going on which proves that they will go back at the end of their visit. Strongly recommend you seek detailed Legal Strategy Session with an immigration attorney to review other forms of visa.... Read More

I do not see a petty theft from 2001 for which you did community service and served no jail time as affecting your application for citizenship in 2024. Naturalization only requires good moral character within the statutory time limit, which I assume is five years in your case (three years for someone eligible for naturalization under the three year rule). 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

A deed is much more difficult to contest than a gift in a Will or a Trust.   It also depends how title is held to the real property - if someone is named as a co-tenant (co-owner) then there is not a right of survivorship.  If someone is named as a joint tenant (also a co-owner), there is a right of survivorship.  Or if someone has been named as the sole owner on a deed - then title is clearly in that person's name.  There is not enough information about how title is held to be able to give better feedback.  ... Read More

There may be a hitch with your travel plans. A person applying to change status to another visa category in the US is not allowed to leave the country during the time that it is pending. Assuming that you wait until the F-1 status is approved, you would have to reenter under a F-1 visa instead of H-1B. 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 will assume that you were not in the US at the time of your father’s death and have not been residing here in the US. If not, you and your family would have to go through a long and uncertain process of humanitarian reinstatement under which USCIS will decide whether there are sufficient favorable factors of a humanitarian nature to allow the case to continue. Factors that USCIS will take into account are such as: Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present); Advanced age or health concerns of the beneficiary or any following-to-join family members of the beneficiary; Lawful residence in the United States for a lengthy period; Ties (or lack thereof) to your home country; Other factors, such as unusually lengthy government processing delays; Any and all other factors you believe weigh in favor of reinstatement, with supporting documentation. 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

An ESTA application asks, “Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?” There is a good chance that you will not be approved for ESTA admission. If not, your alternative is to apply for a visiting visa at the American consulate or embassy, explain the situation with documents, and also why you still have nonimmigrant intent for visiting since you are married to a US citizen. 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

Most states have homestead protection for the surviving spouse that allows said spouse to have a life estate possessory interest in the deceased spouse home. This would be despite any contractual agreement with a third party to the contrary. Confirm with a probate attorney for specific advice to your situation. ... Read More

There is a good chance that the cases will not meet – at the age of 18, you can marry and sponsor your undocumented boyfriend, but you cannot begin the sponsorship process for your mother until you are aged 21. By that time, there is a good possibility that your boyfriend’s case will be resolved. In the event that it is not, you would have to have enough in terms of income and assets to provide affidavits of support for your boyfriend and your mother unless either one has sufficient assets to ease the burden of support, or you have a joint sponsor who is a US citizen or permanent resident to take up the support obligation. 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