Hawaii Recent Legal Answers from Lawyers

There are multiple questions here, like how long you overstayed, when you returned, the reason for the overstay, whether you are barred from returning through the 3/10 year bar, the recency of the violation, etc. If you only overstayed the period of illegal stay by a small amount of time, that might not be seen as such a large violation by a consular officer. On the other hand, an overstay of for example over 6 months, especially recent, might be more of a cause of concern. Also if there are medical records that would indicate that it was absolutely necessary for your daughter to remain in the U. S. for medical treatment, a consular officer might be more sympathetic to give a new visa than if there is a questionable record of medical necessity. Other questions that a consular officer may have are how the medical treatment was paid for in the past and how it will be paid for at this time, and what you and your daughter were doing inside the U. S. during all this time of overstay.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

A non-compete agreement can be enforced against an independent contractor.  However, non-competes are looked at skeptically by the Courts (and are almost completely barred in Cal.), and many are held to be unenforceable, in whole or in part, based on a variety of factors, including their geographical and temporal breadth, the activities prohibited, the industry, the employee's job and exposure to both customers and proprietary information, the consideration received by the employee (or independent contractor) for signing the non-compete, the time and money expended by the employer to train the employee or independent contractor, etc. etc. etc.... Read Answer

I'm a plaintiffs attorney in Mississippi and our contingency fee ranges from a third to 40%, depending on the nature of the case.  For example, for small car accident cases, our fee is usually a third.  For medical malpractice cases or cases that are more complicated, lengthy and/or expensive, our fee is usually 40%.   In addition to that fee, we also charge for expenses like postage, copying, legal research and the cost for obtaining medical records, etc.   If you signed a contract or agreement that referenced that fee, it is likely not negotiable.  However, you can always talk with your attorney and see if they are willing and/or able to reduce the fee any.... Read Answer

Plagurizing is not a crime, so there is no statute of limitations. If you wanted to go after them for fraud or misappropriation, the statute of limitations is different in every state, so you'd need to determine in which state(s) you could bring an action and review the statute of limitations on these torts in those states. If you wanted to go after them for copyright infringement, you could go after them for any activity that took place within 3 years of bringing suit (which would include sales over the past 3 years). The statute of limitations clock normally begins when you knew or should have known of the activity giving rise to your complaint. If they wrote the book in 2008, but did not publish until 2013, such that you could only have known about the activity for the past year, writing the book in 2008 does not save them. If you think you have a case, you should find a local lawyer who will meet with you for 15-20 minutes to help determine if you have a case based on the specific facts and whether the amount you could collect makes moving forward with a complaint worthwhile. Good luck, Todd... Read Answer

Hi Ken, If you are buying the curriculum and you are buying the book, I'm not clear on what other IP rights might be possessed by the author that you are purchasing. If I were to teach a class at our local law school, I could assign a text book and the students would need to buy it. The author's revenue would come entirely from the purchase of the text book. If you are starting a school, you have other classes. I would make arrangements to buy books for those other classes and see if those books are purchased without the extra fee for "IP rights". All knowledge comes from experience. Good luck, Todd... Read Answer

You are not very clear on what your current status is, or why you are traveling back and forth to Manila. The one sure way to avoid this type of customs incident is to become a U.S. citizen. If you are a green card holder, and have had your card for at least five years, you may be eligible to apply. If your offense was done while you were a minor, and is over five years past, it may be asked about, but a good lawyer would be able to guide you through to a positive result. Meanwhile, use your common sense and avoid carrying pornography (or any other contraband) across international borders. ... Read Answer

There is no set timeframe that the government must follow, they will make their decision in their own time. Asylum applications from Hawaii are taking extra long at present becuase the asylum office in Los Ageles is very backlogged and has delayed Asylum Officer visits to Hawaii. A recent case I worked on took over a year from the time of interview to the decision. Attorney fees will vary greatly depending on the circumstances of your case. There is rarely a "standard" case for asylum, and some cases will require much more time in research and development of evidence than others.  If you are looking for a broad range, I would guess that a reputable asylum attorney will price an asylum case somewhere between $5000 and $15,000. To get a closer estimate than that you will need to pick a lawyer with the level of experience you are comfortable with, and then explain your case in detail.... Read Answer

An employer who hires a person without identity in the US will usually be fined an amount for the illegal hire. If it is discovered during the time of investigation that there are other undocumented immigrants or paperwork violations, more fines could follow. In the event that illegal hiring becomes a pattern with a particular employer, fines and the possibility of criminal penalties could follow. 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

A B1/B2 visa is for visitors to the United States. If Customs and Border Protection (the passport inspectors at the airport) observe by the amount of time you are spending inside the U.S. that you are using the visitor's visa to reside inside the U.S., you risk having your visa cancelled. There is no "magic number" of days inside or outside the U.S. that will allow a B1/B2 visaholder evade this analysis.  The officers will make a case-by-case evaluation of a number of factors, and will enforce the law accordingly. In my experience, they are pretty effective at it. If you are looking for a way to increase the time you can spend in the U.S., find a reputable immigration attorney and make an appointment for an initial consultation.... Read Answer

As a U.S. citizen, you are entitled to go to the U.S. Embassy to renew your passport. This will give you authorization to re-enter the U.S.  If you are asking for the government of the Philippines to deport you to the U.S., there is no process that anyone in the U.S. can access that has any influence over what a foreign government will do in that situation.... Read Answer

Under current law, an employer must execute an immigration form, called an I-9, for every new hire. This form requires verification of a person's identity and status for employment in the United States. If an employer is found to violate this rule, they are subject to to enforcement, including fines.... Read Answer

Since the child is currently 14 years old, you would qualify as her stepfather for purposes of U. S. immigration law. So rather than waiting for your wife to become a citizen or having her sponsor the child under a preference category (F-2A) that will take time, you could submit the petition. If everything goes well, she should be able to immigrate within a year. Your wife may have to explain that some stage why she did not claim the child before, but that is a matter for the future. You could begin the petition process now. 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

In Michigan, your own auto insurance is responsible for accident related medical bills not covered by your health insurance. As far as the one (1) week delay, as long as you explain to the doctor that there were no other accidents or injuries in the intervening time, it should not be a problem. If you are not in Michigan, then I suspect that you can claim against the other driver for medical bills, lost wages, property damage, and pain and suffering.... Read Answer

There are numerous procedural rules that must be followed to insure that your claim is not barred by the statutes of limitation. If you are represented by an attorney, your question should be submitted to your lawyer. If not, I would urge that you contact an experienced personal injury attorney and provide much greater detail about your incident.... Read Answer

Attorneys are supposed to hold files in escrow for their client. If requested, the client's files should be handed over without charge. I would ask your state's Bar Association to intevene on your behalf. If you feel files have been destroyed, I would similarly report that to your state's Bar Association for redress. Good luck, Todd... Read Answer

You did not mention how long you have been married or whether your wife sponsored you for your green card.  That information would be helpful in analyzing your situation.  Presuming that your wife sponsored you, divorcing at this point should not have a negative effect on your legal status.   If you were married for less than two years when you received your green card, it was conditional for two years.  You should have filed a form I-751 within 90 days of the expiration of your green card and then you would be issued a ten-year green card.  If you did not do this, and your green card has expired, then you should consult with an experience immigration attorney ASAP.   If you received a ten-year green card in 2009, then you do not have to worry that your legal status is in jeopardy if you and your wife divorce.  It will not affect your ability to naturalize either, but if you and your wife divorce, you will have to wait until you have been a permanent resident for 5 years before you apply.   Good luck to you. Mark J. Curley Curley Immigration Law, PC, LLO 8420 West Dodge Road, Suite 310 Omaha, NE  68114 402-733-8989 www.curleylawoffice.com     Find us on Facebook!  www.facebook.com/curleyimmigration Follow us on Twitter! @CurleyLaw ... Read Answer

review it with a local attorney who is familiar with HI law. if you can prove there was manipulation, deceipt, or untruths involved in getting the money from mom, yes, maybe, a crime was committed. Mom just loaning the money when she is old yet clear headed, probably not. YOur attorney can have the DA review it for possible criminal charges. ... Read Answer

If you and your fiancé have already canceled your papers in the immigrant visa section of the consulate or embassy, you would most likely have to go through the entire process all over again starting with filing another form I-129F with U.S.C.I.S. in the States. You would of course be questioned as to the reason why the prior papers were canceled.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

You should look into filing a potential HIPPA violation complaint.  For more information regarding such, visit:   http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed. ... Read Answer