Maryland Recent Legal Answers from Lawyers

Not having the name Brandon on your mother's birth certificate would probably not be a hindrance. She can obtain two affidavits from individuals who are at least seven years older than her who can attest to the facts of her birth and explain (if they can) why the name Brandon was left out. You can also have a DNA test run to prove that she is your mother. Two notes – if the name Brandon came through a marriage, there would be nothing to explain. Also for you to sponsor your mother, she would have to first become a lawful permanent resident through your sponsorship and then later apply for citizenship after five years.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

1. You typically need to have adopted the child not simply have custody to bring him to the U.S. There are son options that such a humanitarian parole that may be requested but whether this would be successful will depend upon specific facts. 2. It will depend upon the requirements for adoption in the country where the child resides. ... Read Answer

Hello,     It sounds like your brother has been through a traumatic ordeal. You are of course, considering all of the suffering and pain your brother has endured. By law, Workers Comp. coverage is for lost wages and medical treatment only. The injured worker is NOT compensated for pain and suffering but in return gets immediate medical treatment (at no costs) and loss of income/wages benefits. When evaluating a case for settlement those are the only two criteria that are included. Regarding the value of those benefits, your brother should ask his attorney to explain that in more detail. ... Read Answer

No-its called "voluntary impoverishment". I have used this argument many times in court where the judge has the power to impute her old income to her from her last high paying job. She is not fooling anyone, especially the court. You should however hire an attorney who specializes in family law like I do.... Read Answer

An applicant for immigration is not barred from visiting the US during the time of immigrant visa processing if he or she can convince U.S. Customs and Border Protection officers at the port of entry that he or she does not intend to remain in the US and will exit the US upon completion of the 90 day ESTA period.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

I recommend contacting a Real Estate attorney to help dissolve the Home Owners Association.  Doing this with Counsel may make the process go by faster. You need to consider reaching out to local elected officials to see if they will accept the community associations land but they will probably only do it if there is something in it for them.  Having a lawyer to speak and negotiate with them would be great. What County is this community located in?... Read Answer

Marriage to a US citizen in a bona fide marital relationship excuses unauthorized employment. Your present EAD is connected with your OPT and it is technically invalid now that you have been unemployed for over 90 days. However, the fact that you will undoubtedly be adjusting status to permanent residence in the US based upon marriage to a US citizen erases that for the most part as a concern to an adjudicating immigration officer. Whether you work on the EAD or without authorization at this point would likely make no difference in your case.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

Yes, you can have a contract with your boyfriend providing virtually whatever you want - that you are to receive a certain percentage of the profits from any sale, that you have a right to live there rent free until sale, that you are giving your boyfriend this money as a loan which he must repay with interest, and the loan will be secured by a security interest in the new home, etc.  Just be sure that the contract that you agree to meets all the legal requirements of your state.  I don't know exactly what these would be, but for starters you should make sure that the contract is in writing, and that each of you sign and have your signatures notarized.  There may be additional requirements depending on the exact agreement you make, so make sure that you understand and comply with all the necessary formalities.... Read Answer

In Maryland, a spouse doesn't have to "give" another spouse a divorce.  It would be a contested divorce.  It appears at least on of the grounds for the divorce in this cas would be living separate and apart for at least two years.   Moreover, Maryland is not a community property state.  As a result, the division is based on equity.   The court looks at, among other things, the length of the marriage. If you are concerned about your 401K, you probably have sufficient money to consult and hire a lawyer to protect your assets and your children.      ... Read Answer

Your mother and other relatives should discuss her date of birth and try to establish what it is before your brother petitions for her. Ultimately she will have to present proof of birth in order to immigrate. As long as she still has to do that, she should try to get that step out of the way at the beginning. Even without documents, a certificate from the municipality that she claims to have been born in stating the reason why there is no birth certificate and two affidavits of birth in lieu of birth certificate by persons who know the facts of her birth might overcome the hurdle of lack of documents. 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

For purposes of an I-130 petition establishing relationship, a reliable positive DNA test will be accepted if done under USCIS auspices. The 60-year-old mother should include a letter in her initial filing as to the reason why she cannot supply the birth certificate of the child and wishes to rely upon DNA evidence. 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