Massachusetts Recent Legal Answers from Lawyers

Dear Oksana,    You will be able to get divorced in Massachusetts as long as you have lived in Massachusetts for a year. To get an amicable divorce from you Husband in Russia all you need is to have him sign the proper paperwork in Russia in front of a notary. Additionally, you will need to waive his appearance at the hearing.  If you would like assistance with the process, do not hesitate to contact my office. ... Read More

These kinds of questions often end in court. You have a good argument that you acquired the land by adverse possession as you were openly, notoriously and adversely using it for more than 21 years continuously. However some landowners will dispute this with various arguments including not knowing it was their land. I think on the whole you are in the right but be prepared for some push back.... Read More

it is simple and easy to file suit, difficult to win.  In my experience, the two most common problems with defamation suits is that (a) what the defendant said or wrote is often considered a statement of opinion, not fact and (b) the plaintiff can't show any damages from the defamatory statements (although with some types of statements, it is not necessary to show actual monetary damages).... Read More

Unfortunately, it is hard to give guidance without knowing what has happened. Your mother may want to request a complete copy of her immigration file and have it reviewed by an attorney. This could help determine what happened and if anything could be done to return her to the United States. ... Read More

We have handled countless MA warrants for people from other states that have not had to appear in MA. However, that is no guarantee that it is possible in your case. The decision is ultimately up to the judge who will likely take into consideration the seriousness of the charge, the length of time that the warrant has been open, at what point in the process the warrant issued (e.g. before the person knew of the charge or after appearing in court one or more times) as well as many other factors. You should hire a local criminal defense attorney to advise you.... Read More

Hello. If your child is a US citizen then you may be eligible to apply for protection from deportation and a work permit through a pending program called DAPA. Deffered Action for Parents of Americans is currently pending before the US Supreme Court. A decision should be made no later than June 2016.  If successful you may qualify for this program. Please contact me for a free consultation for further adivse if you would qualify.... Read More

Hello. It is uncertain whether the agency doing the CORI check has a policy to contact ICE for undocumented persons in the US. I would recommend you file Form I-130 petition for alien relative as soon as possible as this may aid in ICE's decision to exercise prosecutorial discretion and allow him to remain here. Please contact me for a free consultation for additional case specific information.... Read More

A seven-year-old child is not barred from obtaining permanent residence by virtue of overstaying in the US. She would have to be 18 to be subject to a three or ten year bar for being in the US illegally for 180 days or one year respectively. As to whether the US Embassy would or would not refuse the visa for other reasons is up to the interviewing consular officer. I do note that if a consular officer makes a finding that the parent intentionally intended for the child to overstay at the time that she applied for her visa, such could constitute a reason to deny. However, such a denial may be overcome through a waiver.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 More