Massachusetts Recent Legal Answers from Lawyers

A person cannot change their status in the United States if he/she is not in a valid nonimmigrant status. It does not appear you could change your status because you are no longer in J-1 status. You may be able to pursue an H-2B visa through consular processing if you are not subject to a bar to admission. You can read more about work visa at http://myattorneyusa.com/work-visas.... Read Answer

Your brother must complete an affidavit of support on your behalf. United States immigration law requires the petitioner of a family-based immigrant visa petition to submit an affidavit of support. There is no way around this requirement given the facts provided. You may read more at http://myattorneyusa.com/overcoming-presumption-of-public-charge.... Read Answer

Dear Anonymous,  Unless this is a very short term marriage, then it is likely that the funds you used to purchase the house will be considered marital funds and be subject to an equitable division. The answer to your questions is that she will most likely be able to come after you for a percentage of the funds you used to buy the house. To divide your asset without a divorce, you can enter into a marital agreement with her. This is similar to a pre-nuptial agreement.  If you have additional questions, do not hesitate to contact me directly at 617-658-3529.      Best, ... Read Answer

Your friend will likely face difficulty obtaining a visitor visa no matter where he applies. As part of the visitor visa requirements, your friend needs to show intent to return. This requires showing strong ties outside the United States. It sounds like he lacks these ties. As for moving to the United States, you typically need an employer or family member to sponsor you for an immigrant visa. You can read more about immigration at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

There is no single patent registration that will protect an invention around the world. You still have to register your patent in each country according to the rules of that country. However, there are some entities that are moving toward multiple-country registration with just a single submission. Check the rules of the countries you plan to market your product in.... Read Answer

Flashback to Contracts class! Generally there must be an offer, an acceptance, and some sort of consideration to create an agreement/contract. The consideration can be payment for the goods or services or it can be one party who has a right to do something agreeing to not do it (or the alternative one party has no obligation to do something but agrees to do it). There are certain types of agreements which have to be written on paper, signed, and possibly notarized, such as the sale of land or the grant of power of attorney or an agreement that will take more than a year to come to completion. Some people aren't allowed to make agreements, such as minors or adults who are incompetent. Even agreements made between competent persons may not be enforced, such as when one party commits fraud or takes advantage of the other party in an especially egregious way.... Read Answer

Dear Anonymous,  Depending on the type of retirement, your ex-spouse’s remarriage may certainly affect the ability to divide the retirement account. Forthwith, you should begin the process of dividing the account.    If you need further assistance, do not hesitate to contact me directly at 617-658-3529. ... Read Answer

Dear Anonymous,  Massachusetts alimony is based on a combination of the recipient’s need and the payer’s ability to pay. A marriage of 27 years will be considered a long term marriage and alimony will likely be ordered by the court. The amount of alimony will also likely be contested. Do not hesitate to contact my office at 617-658-3529 to further discuss the specifics of your case.   Best, ... Read Answer

Dear Anonymous,  Although there are exceptions, Massachusetts does not have jurisdiction over the children until they have been living in Massachusetts for six months. This may factor into whether or not you decide to immediately move back to NC. In order to advise you on whether or not the court will likely allow you to remove the children to NC, I would need additional information.   Do not hesitate to contact me directly at 617-658-3529 to discuss your options. ... Read Answer

Dear Anonymous,  The divorce process can be overwhelming. Legally, the first step is to file a Complaint for Divorce. Emotionally and practically, there is no specific formula for beginning the process. The answer is dependent on your specific situation. A few factors to consider include the age of parties, where each party lives and finances.   Do not hesitate to contact my office at 617-658-3529 for additional information or assistance.  ... Read Answer

Dear Anonymous,  Filing for divorce from out of state is not much different than filing as if you were living here. The main difference is that it is inconvenient to come to the hearings. In order to filing for divorce in Massachusetts the state must have personal and subject matter jurisdiction.  If you need assistance with the process or have further questions, do not hesitate to contact my office.  Best, ... Read Answer

Dear Anonymous,  Based on your message it appears that you are going to end up in court. As long as you are providing a safe environment for your child, there is no reason to assume that the court is going to order that the child be taken away from you. If you are being abused, then if possible you should remove yourself from the situation. If you have further questions, do not hesitate to contact my office.  Best, ... Read Answer

Dear Anonymous,  Generally, the amount of support is based on the gross income of each party. The court is allowed to deviate from this formula based on certain factors. Your situation appears to be a good reason for deviation.  Without knowing specific information, it is impossible to advise you on whether or not the court will order child support.  If you would like specific information, do not hesitate to contact my office.   ... Read Answer

A denial of a visitor visa will have little to impact on a fiancé visa petition unless he is found to have misrepresented himself or committed fraud. Most visitor visas are denied because the applicant cannot establish nonimmigrant intent. With a fiancé visa the purpose is to come to the United States to marry and seek permanent residence. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

You will have a right to file for contempt and get compensation from your ex.  But, the mortgage company is not bound by the divorce decree and may try to collect the payments directly from you.  You should contact the credit agency which will allow to explain that your ex was responsible for the payment but that may not help your credit score.  Best wishes.... Read Answer