Hawaii Recent Legal Answers from Lawyers

You have quite a few options at your disposal. To obtain sole custody you will need to petition the court for full custody in the county you have been residing in and the court has jurisdiction. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

When a case is returned to the NVC, it is usually thereafter transmitted to U.S.C.I.S. which looks over the basis for rejection at the US Embassy or Consulate. If it believes that the reason was wrong, it could reaffirm the approval and send the case back to the US Embassy or consulate for further processing. If it believes that the post may be or is correct, it will send the petitioner a notice of intent to revoke the petition. Since you are complaining of an NVC return in 2013, you may wish to check with the petitioner to see if anything was received. If nothing was received, the petitioner or you should check on the case with the NVC to see what happened. It is unusual that the NVC would hold the case for four years without action.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 Answer

With minor exceptions, gifts are not revocable.  One exception which may be relevant here (and on which the laws of the different states vary) is a gift in contemplation of marriage, usually engagement rings.  No other exception seems applicable from what you've written, so assuming that this exception does not apply here, your boyfriend can't take back a gift he has given you.  HOWEVER, your ex may claim that he did not give you the truck, but only let you use it while you were together, or some similar explanation.  Without knowing any other evidence (e.g. in whose name the truck is titled, who made any payments on the truck, who paid to maintain it, is there anything in writing or any other uninvolved witness who can prove the gift, etc.), I can't guarantee that a court would not believe him.... Read Answer

This is an interesting situation, and frankly I'm not 100% sure how it would come out.  My feeling, however, is that it depends on what you agreed to when you took the bag back.  You didn't give her the value of the bag - you gave her the bag.  She didn't want it.  On just those facts, I don't think you would be liable.  However, if, as you seem to be saying, she gave you the bag with the understanding that it would be exchanged for a gift to her of similar value, then I think you would breach that contract by not doing so.   BTW, there is proof that the gift was given to her.  In addition to her testimony, there is you admission in your email.  While I doubt that your ex will find this statement and present it to Court, it would nevertheless be very stupid for you to risk a perjury charge by denying that you gave her the bag.... Read Answer

Thank you for your question regarding Social Media and the governing laws.  Please call me at 407-801-9368 when you have a free moment.  I am intellectual property attorney who has worked on social media issues and would love to help.  Have a great day.   Sincerely, Andrew Rapacke... Read Answer

t would be fairly difficult for U.S.C.I.S. to deny your spouse's removal of the conditional basis of his residence status since you have a common child. U.S.C.I.S. is mainly concerned with whether there was a bona fide marriage and not one done for favor or profit. A child together is strong evidence of a bona fide marriage.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 Answer

This is a situation where you really need to hire an immigration attorney. Your boyfriend may have possessed a visa valid for ten years but that does not mean he could stay here for ten years. His status likely lapsed much longer than two years ago. His criminal history is concerning especially the drug possession. You will likely not be able to contact him directly at this time. You should contact Immigration and Customs Enforcement to find information about where he is being held. This will help you determine how you can contact him. ... Read Answer

Was the petition previously approved by USCIS? Were you notified that file was returned to USCIS for revocation? You will need to submit a request for humanitarian reinstatement. There is no form or special format that must be used. You will need to submit a new Form I-864 from a substitute sponsor. A substitute sponsor must be (1) U.S. citizen, national, or lawful permanent resident; (2) at least 18 years of age; and (3) the beneficiary's spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. In addition to a Form I-864, the beneficiary should submit evidence that a favorable exercise of discretion is warranted including: (1) impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present); (2) advanced age or health concerns; (3) lawful residence in the United States for a lengthy period; (4) ties or lack thereof to your home country; (5) other factors, such as unusually lengthy government processing delays; anD (6) any and all other factors you believe weigh in favor of reinstatement, with supporting documentation. I encourage you to work with an attorney.... Read Answer

I don't know the procedure in Hawaii, but in New York it is not that difficult or expensive to get letters of administration, and it is a wise things to do because you may well need them in dealing with a lot of different people with whom your father had dealings.  Letters of administration apply when there is no will, as opposed to being appointed executor if there is a will.... Read Answer

There is no way to expedite an immigrant visa for an unmarried child over the age of 21. The backlog is approximately 7-8 years from the date of filing. The child and parents must be patient unless the child has another way to immigrate.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.   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

I'm sorry for your loss. Your friend's death does not extinguish his estate's obligation to abide by your agreement.  All valid debts must be paid before any bequests are distributed, and you can sue the estate to enforce the obligatin.  However, if your friend didn't leave enough money to pay you back, then you are out of luck.... Read Answer

There are only a few limited options to immigrate to the United States without a United States citizen, lawful permanent resident or United States-based company sponsoring the alien. The options include immigration through the diversity lottery, investment, or if the alien was a vicitm of certain qualifying crimes. You can read more about what immigration options may be best for your friend by contacting to an immigration attorney.... Read Answer

Although Hawaii is a "damn good place to be polyamorous", Federal law is not. Intending to immigrate to the USA for purposes of engaging in Polygamy would make your new "wife" inadmissible and ineligible for an immigrant visa. Lying about the intention would make her both inadmissible for material misrepresentation - that one lasts for life - and deportable eventually as inadmissible at the time of entry.    Inadmissibility... Read Answer

Domestic violence charges are very serious. Your husband may be facing removal proceedings depending upon the language of the statute under which he was convicted. To assess the likelihood your husband would face removal proceedings and what relief, if any, he could seek from removal, an attorney would have to review his entire criminal and immigration history. You and your husband are strongly encouraged to get copies of his criminal records and consult an attorney. ... Read Answer

Attorney fees depend on the attorney, his or her experience and knowledge as well as the geografic area in which attorney's office is located. You will have to reach out to attorneys and ask how much they charge one by one. Government fees depend on whether you seek a status change or a visa at the consulate. For status change you can look up the fees on www.uscis.gov. For E2 visa cost at the consulate you can look up fee schedule on the DOS website, travel.gov. For more information on the E2 visa and research please visit:   http://myattorneyusa.com/immigration-law-and-practice/nonimmigrant-visas/work-visas/e-1-treaty-trader-or-e-2-treaty-investor-visa-programs   and   http://myattorneyusa.com/immigration-law-and-practice/nonimmigrant-visas/work-visas/e-1-e-2-and-e-3-visas-overview... Read Answer

If an individual has a current visa status at the time that he or she files an I-485 adjustment of status application with U.S.C.I.S., he or she is allowed to remain in the country pending the determination. He or she will also not accrue any illegal presence which would subject an illegal individual to 3 or 10 year bars upon return during the time of the adjudication. If the I-485 is denied and you leave the country before 180 days have passed, you would be able to come back into the country without a time limit or bar as long as the U. S. consulate consents to give you another visa. 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 Answer

I'm sure there are Hawaiian lawyers who will appear for you, but it may not be worth it to pay them for a small claims case.  More important, all the lawyers can do is adjourn the date.  Your husband is going to have to testify in order to prove his case.  The lawyers aren't witnesses to the facts, and no one else (other than the defendant) would have personal knowledge. ... Read Answer

When your mother is interviewed for the immigrant visa, she should have proof of the date that she left the U. S.; and proof of where she has been and what she has been doing ever since she left. I do note that consular officers have been known to ask for items which may not be tremendously relevant where prior deportations are concerned in the interest of caution, but where there is no fraud or criminal charge or other bar, no further forms nor waivers should be necessary.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 Answer

The US accepts the concept of dual citizenship for people for most countries of the world and especially our allies such as Australia. As part of the naturalization interview, you will of course be asked to support the Constitution and all US laws, and you will also have to swear an oath of allegiance to this country before you are given US citizenship. The N-400 form is the correct one to file for naturalization. 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 Answer

First of all, this is a method patent not a product patent so that it covers the administration of the recited dosage of the combination of components in specific amounts. However, that does not mean that a sale of the product could not result in infringement as a contributory infringer or as an inducer of infringement if the composition is only suitable for use in the claimed method. However, while eliminating one fo the components would avoid infringement, adding of a component likely would not, and changing of the amounts may or may not, since the file history of the examination process would have to be analyzed to determine what effect such changes would have.  Thus, if you are planning to sell such a supplement, before going ahead, you should have a patent attorney review the file history and advise you as to what would be needed to avoid the coverage of this patent.... Read Answer