Kansas Recent Legal Answers from Lawyers

Since you entered the country illegally, you would not be able to adjust status to permanent residence in the U. S. You are a candidate for the Administration’s I- 601A program under which your husband would file an I-130 relative petition on your behalf, and upon approval, you would file an I- 601A application for provisional waiver of illegally staying in the States with U.S.C.I.S.  If U.S.C.I.S. approves the waiver (which is based upon establishing extreme hardship to a U. S. citizen spouse or parent), you would then consular process your case at the American consulate or embassy in your home country. The interview would usually be a normal interview since you would have already obtained a waiver of the 10 year bar for staying illegally in this country. There is also a possibility that you may be able to adjust status if you are able to obtain an advance parole to leave the U. S. and reenter legally on parole status. That is not a certainty at this time, however.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

While I'm not familiar with the law of Kansas particularly, generally you can't file a lien against someone's property unless you either have their permission (for example, when you take out a mortgage loan, you give the lender permission to place a lien on your home) or you have already obtained a judgment against them.  In rare cases you may be able to get a prejudgment writ of attachment against a defendant's assets, but there is nothing in your question to suggest that you can meet the requirements to get that relief in your case.... Read Answer

Upon a first test refusal your license will be suspended for a year and then restricted for two years with the ignition inter-lock device regardless of court action because your license has been suspended administratively. However, there is a way to get a restricted license. If you like you can contact my office and I can help you get driving legally again.... Read Answer

I'm sorry to hear about this.  For more information on HIPAA laws, violations and how to file a complaint, visit:  http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html   NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read Answer

Assuming that there would otherwise be jurisdiction in Kansas (which there would if you now live in Kansas, unless the agreement provides that suit must be brought in some other forum), the fact that the contract was signed in Oklahoma in no way precludes suit being filed in Kansas.  Nor does the fact that the suit is in a Kansas Court mean that Oklahoma law will not apply, if that is the appropriate law.  Courts apply the law of diffferent states all the time.... Read Answer

You already owned the car, just subject to a lien, like owning a house subject to a mortgage.  The lien may have been wiped out, and you may now own the car free of any encumbrances, depending on why title is showing the lien as satisfied and whose fault it is that the mistake was made.  However, that doesn't mean that you don't still owe money.  The lien just secures the underlying debt, it is not the debt itself.  Wiping out the lien doesn't wipe out the underlying debt, it just means it will be a little more difficult for the creditor to collect on it if you default.... Read Answer

You will need to contact an attorney to get your warrant lifted if he or she is able. If they are not able, then the attorney will help you find a bondsman to get the warrant lifted. However, that's just the first step. Then you will need to consult an attorney regarding the theft case and discuss with him her your options. Then you can proceed from there with legal representation. If you like I do free consultations.... Read Answer

No. Unless you hire an attorney and that attorney requests a continuance, the judge will issue a warrant. Once your son is released on the other case then he will be brought of front of the judge who issued the warrant in order to begin dealing with those legal issues which the judge issued the warrant on.... Read Answer

It sound like to me that you will have to contact the trust administrator for any financial assistance. If the administrator ok's it, then a bondsman can be hired and he would be released from jail upon posting of the bond. In regards to hiring another attorney, again, you would have to get approval from the trust administrator which seems unlikely given the information in your email. Further, given your friends addiction to meth, the best possible thing for him maybe to remain in jail. One it would ensure his ability to get clean and stay clean as well as get him credit for time served which could help during plea negotiations and at sentencing depending on the charges he is facing as well as his criminal history score.... Read Answer

Answer #1: The statute of limitations for felony theft is five year. Answer #2: You can file a complaint with the DA's office, However, the better thing to do is find a civil attorney and file a conversion claim against them, but it has a one-year statute of limitation, and since two years and seven months has passed it would be to late to file. Thus, there is nothing you can do except to try to file a criminal complaint and seek restitution for the value of the ring.... Read Answer

No, but, if considered enforceable, it does limit your employment options for 3 years after you leave xys's employ.  You could still do other work than rehab services, and you could work at locations where xyz didn't perform services, and wasn't negotiating to perform services, while you worked for it.... Read Answer

It doesn't void the contract.  Whether or not you are an independent contractor, should that issue ever come  up in any litigation, will be determined by the facts about the degree of control your "employer" exercised over your work, not by the statements in your contract, although those would be evidence one way or the other.  You are correct, however, that the contract is not clear about your status, and could be modified to be less ambiguous.... Read Answer

Hello - Lying about one's last name isn't usually a reason for deportation.  Being here without legal status is, or being here as a permanent resident who committed certain serious crimes is also. But just lying about your last name is not. There may be ways for your boyfriend to remain in the US, but you'll only know if you personally consult with an experienced immigration lawyer. Good luck... Daniel Shanfield http://www.immigration-defense.com/ This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.... Read Answer

Loans are generally freely transferrable, thus unless your loan agreement expressly states that the lender can't assign it, the lender can transfer it to whomever it wishes.  Similarly, when most people trade in a car on which they still owe payments, the dealership generally assumes responsibility for making payments on the existing loan (although the original borrower would remain on the hook to the lender if the dealership doesn't pay.)  Did the dealership agree to make payments on your existing loan?  If so, it has breached your contract by failing to do so.... Read Answer

The form N-400 requests criminal record information, whether it was from the time that you were a minor and whether the offenses been expunged. If you do not disclose the information and are not forthright at the time of interview, your application could be denied for lack of good moral character due to your misrepresentation. (The MIP offense is not otherwise serious enough to jeopardize your green card or bid 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