California Recent Legal Answers from Lawyers

If the QDRO was for a pension through a private employer or union, and it was entered prior to the participant's retirement, it is usually a "separate interest" which pays you for life and is not tied to the length of your marriage. If it is a government pension there may be different provisions but, again, payment length is usually not based on length of the marriage. You can contact the plan directly and they can give you specifics about your award.... Read More

An EPO-001 emergency order of protection in California apparently can be issued by a law enforcement officer if he or she believes that protection is immediately warranted. The length of time allowed is seven days given that it is not issued by a judge. Such would not appear to be capable of affecting your immigration status. However, any further altercations with your ex-girlfriend could lead to immigration consequences. 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

Generally speaking conditional green card is given to you for 2-years if married less than two years and prior to it expiring you and your spouse will need to apply to remove the condition. As you already have an approved conditional green card not sure why you will want to worry about TPS. Seek representation from an immigration attorney to strategically go over this with you.... Read More

Yes, if your parked car was hit by a drunk driver, you typically have a strong basis for pursuing a claim for property damage. If you are involved in a car accident where an uninsured drunk driver hits your parked car, you may have legal options to seek compensation for your damages. Gather Evidence - Gather the necessary documentation, including photos of the damage and any estimates for repairs. If you have surveillance footage, send it to the insurance adjuster. Negligence & Liability - To sue for the full value of your car, you would generally need to establish that the uninsured drunk driver was negligent or at fault for the accident. You would need to demonstrate that their actions directly led to the damage to your vehicle. Value of Your Car - The value of your car at the time of the accident is an important factor. If the cost of repairing the damage exceeds the current value of your car, you may be able to seek compensation for the full current value. Legalities - Seek Legal Advice for an attorney who can help you navigate the claims process and ensure that your rights are protected. They can also assist you in negotiating a fair settlement or taking legal action if necessary. In some cases, you may be able to file a lawsuit against the uninsured drunk driver to recover damages. Please be aware that an attorney-client relationship is formed only when there is a signed written agreement between you and the attorney explicitly outlining the terms and conditions of that relationship. Any communication or interaction through this platform should not be interpreted as creating such a relationship.... Read More

I would suggest you set up an LLC.  The LLC can then create the website.  Further, the LLC can create independent contractor agreements with whoever wants to join in. There will be other questions as you seek to open your business.  In my experience, working with a lawyer before you begin will pay big dividends in the future. I have written a legal guide with issues you should discuss with an Internet lawyer.  I have placed a link here for your convenience:  https://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-website-app-or-blog    ... Read More

In the month of October 2023, the final action date chart of the visa bulletin shows that the availability date under which individuals can obtain their permanent residence is backlogged to February 8, 2019. Please note that dates in this category can change radically, but assuming that the situation remains stable, a person with a priority date in April 2021 can expect to wait approximately two years for final immigration. I note that the US is currently beginning a program to allow nationals of certain countries – El Salvador, Guatemala, Honduras, Colombia, Cuba and Haiti – who have approved I-130 petitions but are caught in the backlog to apply for parole, which is given, will allow the individual to remain in the US for a period of up to three years with work eligibility. 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

For entries and exits since 2013, you can generally go to the CBP I-94 website to obtain the information even if the entry or exit is not stamped by the US or foreign country. An officer should not deny a naturalization application for lack of a passport stamp if he or she believes the applicant or the date is largely irrelevant to the application. Usually, a date is only relevant where there is question as to the qualifying time for physical residence or continuous residence in the country. 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, if your parked car was hit by a drunk driver, and the police report places the drunk driver at fault for the accident, you typically have a strong basis for pursuing a claim for property damage.  Notify your insurance company about the accident as soon as possible. Provide them with the police report and any other relevant information. Depending on your policy and coverage, your insurance company may pay for the repair or total loss of your damaged vehicle. This is often the quickest way to get compensation for your property damage.  Gather the necessary documentation, including the police report, photos of the damage, and any estimates for repairs. Try going to the scene of the accident and get surveillance footage, if available. You can potentially get the vehicle's information such as the make, model, or license plate.  Seek Legal Advice for an attorney who can help you navigate the claims process and ensure that your rights are protected. They can also assist you in negotiating a fair settlement or taking legal action if necessary.  Please be aware that an attorney-client relationship is formed only when there is a signed written agreement between you and the attorney explicitly outlining the terms and conditions of that relationship. Any communication or interaction through this platform should not be interpreted as creating such a relationship.... Read More

Petty theft for immigration purposes is generally regarded as a crime involving moral turpitude. I assume that when you say that you have two petty thefts against you, you either pleaded guilty or were convicted. In such case, the difficulty as I can see it is that you have two, and as such, are subject to removal proceedings. The exception to removability is where both petty thefts arose from a single scheme of criminal misconduct, at which point you would not be removable. If they were separate episodes not arising from a single scheme, you may wish to consult an attorney familiar with criminal law about the possibility of reopening one of the petty thefts and obtaining a more favorable disposition that would be acceptable for immigration purposes. I note that in the event that you are ever placed in removal proceedings, having a good record other than those incidents along with being the mother of two US citizen children would help your case for a favorable outcome. 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

Kindly first understand that USCIS does not make fast determinations, and so any change of status application will likely not be adjudicated until the time that you have left the country. Perhaps if you take this step, you should notify USCIS upon your leaving and request to withdraw the application as of the date of you leaving. As to the impact of your dropping out of school on a future F-1 application, an adjudicator may wonder whether it is a good idea to give another visa to an applicant who has not shown that he or she has been a good student in the US under the previous visa. 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

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