Illinois Recent Legal Answers from Lawyers

It does not take long to change from F-1 to F-3, but it is difficult to understand your situation from your facts. If your priority date from F-1 was in 2002, that date has long been surpassed, and there is the possibility that the F-1 petition has been canceled for abandonment. Upon request, the NVC can assign the F-3 category very quickly (within 1-2 months) of a request as long as the case has not already been 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

If she has not placed her health at issue in the case, her medical and mental health records are privileged and not available for review by you or a court. If she is so disabled, that may affect her ability to care for the child. IS the OP temporary or plenary. If you went to a hearing and lost, it may be too late.... Read Answer

This is not really a family law matter.  It appears to be a elder law matter as whether the conduct rises to elder abuse or not.  The suggestion is for you to seek out such a local attorney (or at least one on a bus route) to seek specific legal advise. As to the house matter, under Illinois law, only the Sheriff can evict you (as either a tenant or home-owner) pursuant to a valid eviction order. There is the Deed, which places joint ownership in you, that you may wish to keep handy. It can be shown to police if called by the dughter-in-law.  If there is clause that creates a "Life Estate" for you, that would give further credence to not only your interest in the home, but desire to reside there as well. If there is no such language, consultation with a knowledgable attorney will be helpful in discussing and, potentially, implementing this through the filing of an amended deed.  Again, there is a need for legal consultation and your local bar association is a good starting point.... Read Answer

The standard answer is to go to the hearing.   Absence only leads to unknown and potentially bad results.  You should bring all relevant documentation about the transfer of ownership.  However, it does seem that your conduct was the source of the violation, so the transfer may be of no effect for the violations or the related ruling at the hearing. An inquiry may be in order to the Village attorney to send the documentation prior to court with a question then asked as to liability.  If you are told "not to worry" or that the case will be dismissed, a  written confirmation of this should be quickly sent with a copy kept by you.  If this is not the result, it merely confirms the need to appear. An answer to this question of liability should be answerable by a local attorney that handles ordiance violations and similar cases.  The local referral program at your county bar association is a good place to start.  The attorney can also be asked the fee for contacting the Village and forwarding the materials and/or appearing at the hearing.... Read Answer

Yes, unless the finance company agrees otherwise. Death is defined as an act of default under most contracts, as is possession of the vehicle on a consistent basis by someone other than the original oblige. On the other hand, you have no liability under the contract, other than to surrender the car, so most finance companies will agree to let you take over the contract.... Read Answer

A marriage is based upon trust. If you cannot trust him, then perhaps, you should rethink engagement or marriage at this time. If he should not trust you to share this concern, then your concern is a challenge that requires discussion with him. The marriage based visa process now includes more scrutiny than a marriage among U. S. citizens, but that can be a good thing that strengthens the relationship. If the attorney or staff has had you fill out and sign forms, and obtained your personal documents, then the attorney should have a duty to inform you whether the petition has been withdrawn. However, if he took independent action, then your fiance should tell you. 'More Often,' the incredible delay in processing and scheduling the consular appointment frustrates applicants, especially the one who must await the visa. Good luck.... Read Answer

I assume that when you say that your husband got an extension letter in the mail, that was through an application to remove the conditions of residence status. In such case, he should be able to safely travel with his expired green card and the extension letter. I do note that there are some countries whose immigration authorities do not recognize the extension letter, and to be safe, some individuals obtain an I-551 temporary stamp of permanent residence in their passports from the local U.S.C.I.S. field office before making a trip. 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 this case, you probably do need to have two H-1B petitions. The one year time period appears to be a concern between the end of 2017 and the end of 2018. We have seen situations in the past in which employers have sponsored someone for a certain period of time and the alien took a hiatus from the job during the duration of the visa status, but the instances that we have seen have been unforeseen at the time of sponsorship.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 not thought provoking to me.  There are 2 hired attorneys, who are well versed and familier with your case; and you are the client.  Simply ask (or demand) a full and detailed explanation as to the competing positions and make a choice.  You are the final arbitor of your case as you are the client.  It may be that one or both attorneys will choose to withdraw or you may decide to fire one or both, but it is you decision to make.  Accordingly, obtain all the relevant information and analysis, process that information, and then decide.... Read Answer

You are entitled to an accounting. You are entitled to the interest/income earned in the trust. Failure to make the required payments would be a breach of the trustee's fiduciary duties. You should bring all of the paperwork you have to an attorney located in the County where your grandfather lived.... Read Answer

If there was truly a "preditory loan," there may be a way to have the loan declared null and void.  However, there was not enough information given other than it was a  "bad loan."  This situation requires a review by a competent attorney of all documents and the circumstances surrounding the making of the loan. As to foreclosure, they may be bluffing.  As the lein (i.e. the Mortgage) survived the BK7, upon a default, it can proceed in state court via a Foreclosure.  This may or may not occur as there are practical, non-legal considerations.  You did not say if there was (or was not) a senior mortgage.  If so, this junior mortgage, which remained as a Bankruptcy only discharges the Note, would need to buy-out the 1st Mortgage to receive the proceeds from Sale of the residence.  For example, if the FMV of the property is $175,000 and the 1st Mortgage is $150,000 or higher, this does not makes any financial sense.  To spend over $150,000 to recoup a portion of $40,000 makes no sense.  However, if there is no 1st or if it is "only" about $50,000 and the FMV is the $175,000, the circumstances change.  The Foreclosure then makes financial sense to institute; and this lender may not be bluffing. However, there can be no deficiency as your BK7 protected you from this.  This presumes there was no Reaffirmation in the prior BK7 of this debt, which appears to be the case you stated here.  Again, the Note, which is your personal promise to pay, was discharged in the BK7. There is, therefore, no Note.  Instead, what you have been paying is the Mortgage, which remained as a valid lein on the property.  A larger cash offer may be the solution to this lien's removal, but you need to review all this with an attorney as to your options.  A good place to start is your Barr Association to see if it maintains a referral procedure.... Read Answer

By "legalized," what do you mean? If you mean that the 60-80 pages of forms and proper evidence must be filed with the medical and nearly $1800 of filing fees, with the interview and review of the marriage, then the answer is, yes! You probably should hire a competent and experienced immigration attorney to counsel you and explain the three step process that can take three to five years or more. Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

In a marriage-based adjustment of status case it generally is necessary to supply evidence that the marriage took place and was valid, and this usually involves filing a photocopy of an official Marriage Certificate and being prepared to show the original Marriage Certificate to the USCIS adjudicating officer at the adjustment of status interview that would be scheduled prior to case approval. Of course, there are many other supporting documents that will be important to provide and many other details that determine immigration-related eligibility. It would be wise for you and your Cuban citizen spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

We can send them a Cease and Desist letter on your behalf.  FREE Service.  If you inform a Collection Agency that you are not the person they are looking for and they continue to call, they are violating your Consumer Rights and could be subject to paying Statutory damages to you upwards of $1,000.   Feel free to reach out to our office at 855-254-7841.... Read Answer

You have no right to restrain father's visitation without a court order doing so. If you do so, you may be in violation of his rights and ultimately loses custody (possession) of your child. If the fiance is causing the child harm, then seek a court order but merely because she is his fiance is not a basis for trying to restrain his rights.... Read Answer