Idaho Recent Legal Answers from Lawyers

Was it a Nigerian passport? If so, your husband will need to contact the Nigerian authorities. If you presented a United States passport, your husband should contact the Embassy.  Lying to the consular official is a serious offense. You have now subjected yourself to a permanent bar to admission. This bar can only be waived if you can establish extreme hardship to a spouse or parent who is a lawful permanent resident or United States citizen. ... Read Answer

In a criminal appeal, the appellate judge will normally only examine the lower judge's ruling to try to detect abuse of discretion - meaning, basically, whether the lower judge made an illegal decision. The appellate judge does NOT substitute his or her own judgment for that of the lower judge: He won't examine the facts of the case on the record, conclude that he would have given a different sentence, and impose that change. He will only require a change if the sentence is clearly illegal in some way. Whether or not to withhold judgment is a discretionary call that the appellate court is unlikely to overturn, no matter how eggregious the facts of the case are: There is no statute or case law that requires the court to withhold judgement under specific circumstances. The good news, however, is that you can ask for the case to be dismissed if you complete your probation without violation (something you'd have to do for a withheld judgment, anyway). Once you successfully complete probation, ask your attorney about petitioning for a dismissal.... Read Answer

More likely than not, yes, the car who backed into you is at fault for the accident.  Depends on whether or not you were moving as well when you were hit.  If you were injured, I would contact an experiened personal injury attorney.    This response is only a basic answer to your question and is not intended to be legal advise. It is your job to hire an attorney and to discuss the specifics of this question with him or her. I am not giving you specific legal advise and there is no attorney-client relationship created by my answer to your question. The choice of an attorney is an important decision that you must make and that choice should not be made upon adverting alone... Read Answer

If the noncustodial parent hasn't fulfilled his or her obligations to the children (child support, medical, child care, etc) by the end of a given calendar year, then the custodial parent is entitled to claim the children for that year. If, however, the noncustodial parent has paid everything owing for a given calendar year and the custodial parent still refuses to allow the noncustodial parent to claim the children as anticipated in the divorce decree, the noncustodial parent can take the custodial parent to court for an Order to Show Cause hearing. At that hearing, the Court could impose sanctions, require the custodial parent to reimbuse the noncustodial parent for the value of the deduction, or make other reparations as seem appropriate. An experienced Family Law attorney should be able to help you determine the best course of action in your unique circumstances.  ... Read Answer

It is really difficult to determine what could be done with the information provided. Not every person who asks for asylum is granted. It would be helpful to know more about his asylum claim and case history. You may want to see if there is a local immigration attorney who could meet with him to see what, if any, options are available. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

You must first become a lawful permanent resident to become a citizen. Lawful permanent residence is typically obtained through an immigrant visa filed by an employer or family member. There is no path that allows you to become a resident under the circumstances you provided. You should continue renewing your work authorization (presumably based on DACA) in the interim. ... Read Answer

Your immigration file should be transferred to USCIS for processing of your Form I-485. You should be contacted by USCIS for an interview. It can take several months for an interview to be scheduled. You can always schedule an infopass appointment of you wish to follow-up the Form I-485. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You would ask the judge for either termination of proceedings based upon the approved Form I-130 and pending Form I-485 or for a hearing in your Form I-485. You will need to provide the immigration judge and DHS with a copy of the application and proof of filing. You may want to consider having an attorney prepare submissions and attend this hearing. You can read more about removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

Where are you in your divorce proceeding?  Are you both representing yourselves in the divorce?  In whose name is the trailer titled?  How long had you two been physicaly separated when you went back to retrieve your belongings?  What's the value of the items he threw away? Has the sale been brought to the attention of the Judge?  Without this information, it's really not possible to give you a meaningful opinion. merrisnaugle.com      ... Read Answer

This is a tricky issue, and I don't think most attorneys, including me, would want to give you an opinion without quite a bit more information. The short answer is:  If you and the child's father are already at odds, if you moved without his agreement, he would probably file a child custody action against you in Ada County, and you'd be ordered to bring the child back until the Court had issued a custody decision.  merrisnaugle.com  ... Read Answer

That's a really tough situation.  The short answer is: It depends, but if your daughter or son-in-law are more or less decent parents and not homeless, you probably don't have a case.  From the few facts you've provided, you have these possibe avenues:  a petition for legal guardianship of your grandchild, a petition for grandparent visitation rights under Idaho Code Section brought under Idaho code Section 32-719.  I think you'd need an attorney to pursue this.  It's got twists and turns and constitutional issues.  merrisnaugle.com  ... Read Answer

If Child Protective Services was involved in placing your child in the care of a third party then that branch of the Idaho Department of Health and Welfare of must have initiated a child protective legal proceeding on behalf of your daughter.  You should have received notice of the first hearing and any subsequent hearings, as well as copies of any orders issued in that case.  You should also have been contacted by a H&W caseworker to discuss your case and the plan the Department has for reuniting you with your daughter.  If you have not receivecd any written notiecs or orders and haven't been contacted by a caseworker, you should contact the Department to ask if a case has been filed.  Be sure to give them the names of all parties, including your ssiter-in-law and your daughter.   If there is a pending child protective proceeding, you will need to resolve your rights to your child through that proceeding.  Usually that requires metting several conditions that the Department sets out for you, such as obtaining employment having a suitable place to live, and, often, participating in certain remedial and/or treatment programs. Good luck.  merrisnaugle@mindspring.com        ... Read Answer

Hello. You need to be legally married before you can petition for your spouse. If he is not in the US or in the US with a valid nonimmigrant visa then you can apply for a fiance visa with the US Consulate in his home country and then get married in the US.  If he is in the US then depending on his manner of entry (legally or illegally) will determine if he can receive his green card in the US or would have to leave and go to a US embassy in his home country. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

DAPA is unfortunately still being held up in court proceedings. It has not yet been implemented. Currently the case is before the Supreme Court which is expected to rule in January whether it intends to put it on its docket for this term. Without being married legally, you would likely not be able to assist him. Even if you petition for him assuming that you get married, his case may have complications dependent upon whether he was denied asylum by an asylum office only or by the immigration court and whether he entered the country legally. The best situation would be if you were a US citizen, your husband entered legally, and he was only denied by an asylum office and does not have any proceedings with the immigration court. In that case, he might be able to adjust to permanent residence in the US without leaving. Otherwise his case would be more complicated involving either attempts to reopen proceedings before the immigration court or Board of Immigration Appeals or his leaving the US and seeking waivers to be allowed back in. 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 suit is not enough.  You would need a preliminary injunction enjoining the sale pending the outcome of the litigation, and in NY (I don't know about Idaho), small claims courts don't have the power to issue injunctions.  You'd have to sue in a court of general jurisdiction, make a motion for a preliminary injunction, and obtain a temporary restraining order enjoining the sale pending a decision on your preliminary injunction motion.  The terminology may be slightly different in Idaho, but that's the basic idea.... Read Answer

Canadian immigration laws are dramatically different than United States laws. Most attorneys on this fury are only licensed in the United Stares. You need to speak with an experienced immigration attorney licensed to practice law in Canada. This attorney can provide you with the necessary guidance.... Read Answer