Louisiana Recent Legal Answers from Lawyers

Having overstayed three years, an individual filling out the I-589 form will generally be adjudged ineligible for political asylum, and the case will be adjudicated as one requesting withholding of removal, which if granted allows an individual to remain in the US as long as there still remains a valid fear of persecution in the home country. Withholding does require a higher standard of proof for approval than asylum. Where there has been no persecution in the past, an applicant must show the probability (over 50%) that he or she will be persecuted as opposed to an asylum showing which only involves a showing of credible fear.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

It is always possible to marry persons who are single and of the right age to marry regardless of whether the person has criminal problems. The question is what you will be able to do for her immigration-wise when you are married, and that may depend upon what kind of drugs were involved and the amount in question. Also whether there was a "conviction" in the criminal court. Immigration law is very tough on drug offenders but does have a waiver provision for a conviction involving marijuana possession of 30 g and less. 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

She would be better off keeping the trailer in her name. It will not have any effect on her eligibility for Medicaid assistance. If she sells the trailer, or donates it to her kids, the value of the trailer would be counted as an asset. When she passes, the ownership of the trailer will pass to her children.... Read Answer

In general, an unconditional gift is irrevocable.  There are some exceptions, the only one of which which seems like it might apply is if the gift is given in contemplation of marriage.  Assuming that this was not the case here, and the gift was not conditioned (e.g. he didn't say "you can use this watch as long as we're together", or something like that), it is yours to keep.... Read Answer

You need to contact a local probate attorney immediately. It sounds as if you believe there has been fraud committed with the change of beneficiary. If he owned property that was brought into the marriage, that would have remained his separate property. You also need to determine if there is a will. The attorney will help you pursue the matter.... Read Answer

Your fiance can adopt her when you are married. The biological father can sign a consent to the adoption which will make it easier. If he refuses to do so, you can still proceed with the adoption and prove that he has not paid child support for at least 6 months or has not visited or communicated with the child for at least 6 months.... Read Answer

I"m a bit baffled why you believe you can circumvent the terms of your contract with the lessees by simply mailing a letter.  You indicate that you agreed to a rent term until Jan '18, so i'm unclear why you would believe you can merely increase the rent. Regarding the death of one of the lessees, unless your lease requires both of the lessees to occupy the residence as a term of the lease, the death would be irrelevant.  Generally, all the executing a lease means is that the signers are 100% liable (each) for the rent payments and obligations of the lease.   Accordingly, if one of the lessees dies, that merely means the other lessee is 100% responsible for the terms and obligations of the lease.  ... Read Answer

Do you know why they havn't submitted you money for your vehicle or replaced it?  They have 30 days to do this under LA law.  Tell them you are in the process of obtaining a lawyer to sue them for failure to pay a claim within 30 days if they don't get you a check asap, or your repaired vehicle returned to you asap. ... Read Answer

The general standard for calculating parish jail time is two for one so a 5 month sentence usually means serving 2.5 months. It is important to determine what the exact sentence was imposed by the Judge and if the Judge's sentence provided for credit for time previously served and for it to run concurrent with any other jail time currently/previously imposed.... Read Answer

The way I would this question is that as long as you are on probation, you are subject to being violated. You should always try to complete all conditions of your probation as quickly as you can so that there is the possibility you can ask the Court to terminate your probation early. In contrast, if you do not complete your conditions of probation before the period of probation ends, then the Court could further extend your period of probation thus subjecting you to a longer period in which you could be violated. Having an attorney while on probation is always a good recommendation so that you can explore the possibility of having your probation terminated satisfactorily early and/or your probation terminated satisfactorily even if you have not completed all of the conditions of your probation.... Read Answer