Massachusetts Recent Legal Answers from Lawyers

No H-1B visa is authorized for a part-time position. Only when one has a full-time position can that person be sponsored for an additional H-1B for a part-time position. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read More

As you have had the green card for 7 years, and are filing under 5 year instead of three-year provision for married couples, U.S.C.I.S. will only be interested in whether you had a bona fide marriage at the time that you are obtained your green card or whether it was fraudulent from the beginning. It would not be interested in what is going on with your marriage today. It is normal that a marriage in the U. S. has problems over time, and U.S.C.I.S. officers in general understand that. 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

You can contact USCIS to see if an appointment letter can be sent sooner, but it is not likely. Once you receive the letter, you could attempt to go to the location sooner than your appointment. You may be able to have your biometrics captured earlier under the circumstances. If you receive the biometrics appointment notice after it becomes difficult for you to travel, you can call the number on the bottom of the notice to reschedule the appointment.  ... Read More

Your question is not a matter of immigration law but rather state law. Many states have restrictions one who can register a car or obtain a license. You need to speak to someone at the DMV where you reside. It would be best to go to the local DMV and discuss the issue with someone in person.... Read More

It could be an issue. CBP has broad discretion to deny admission to an alien even if he or she holds a valid visa. You should be prepared to show strong ties to the foreign country where you reside and intent to return. Otherwise, CBP may conclude your spouse has immigrant intent because he/she is married to a United States citizen. ... Read More

The first thing you want to do is to successfully defeat the issuance of the restraining order (RO). In Massachusetts chapter 209A is a civil/criminal hybrid law. In other words it is a civil procedure to obtain a restraining order but a violation of it can result in criminal sanctions. You will have little or no chance in any civil action for malicious prosecution or defamation of character if the allegations of the other party are supported by an issued restraining order. Always consult with an attorney experienced in this area of law. Good luck.... Read More

You may be able to get your money refunded if no work was done. You coukd contact the attorney directly and request a return of your money including the government filing fees. You could also file a lawsuit against her. Depending upon the amount involved, you may be able to file a small claims action. You may also want to contact the state bar association. There may be an arbitration process available regarding attorney's fees. New York offers such a program and many people take advantage of it as there are less procedural hurdles involved.... Read More

I gather that you are probably referring to either the reduction in mandatory minimum sentences for Massachusetts drug offenses or the retroactive reduction in sentences for federal crack cocaine convictions.  Either way, the answer is "no." Massachusetts OUI offenses have mandatory minimums set in the statute, and those have not changed lately.... Read More

Your landlord has an obligation to provide you with a secure living environment -- a place that has working locks, etc. Your landlord also has an obligation to not cause any interference with your quiet enjoyment of the premises by negligently failing to provide a secure living environment. If you have notified your landlord of an issue with the premises, and (s)he has failed to address those issues; and if subsequently you suffered loss because of theft that resulted from those issues, then your landlord should be liable for the loss. Hope that helps.... Read More

Is it legal? Yes. Is it moral? Ill leave that up to you. The bottom line is, your son should find a lawyer. If a lawyer tells the police that (s)he represents your son and he chooses to remain silent, they can't bother him anymore.  That doesn't mean they can't arrest him if they have probable cause to do so, but it sounds at this point like their evidence is pretty thin.  In the event that they think they do have probable cause . . . well . . . then your son needs a lawyer anyway. Better to get them involved earlier rather than later.... Read More

If someone is arrested and has other cases pending at the time, they can have their right to be released on their previously posted bail (or on their personal recognizance) revoked with regard to the pending case.  Meanwhile, the court can set bail or release on personal recognizance on the new case. It sounds like this is what was going on with your boyfriend. That is the 90 day period you were referring to -- his right to be released was revoked on the old case and he was held without bail for 90 days. Now that the 90 days has expired, he is eligible to post bail on the new case, in which case the only thing still holding him will be the old case.  The problem is that during those 90 days, he probably missed a court date on the old case (he was in jail, after all) and if the court didn't know where he was, it would issue a non-bailable warrant for his arrest. So, now, if he posts bail on the new case, the warrant on the old one will mean that he has to be transported to the court where the old case was pending to clear up the warrant before he can be released. Two things: 1) His lawyer should have filed a motion for speedy trial on the old case as soon as he found out that your boyfriend was being held with an open case in another court. I do that every single time, and this is exactly why. 2) He should still post the bail on the new case, because then he will have to be transported to the court where the old case is pending, and they will be forced to deal with the case. Otherwise, he could end up sitting there on the bail on the new case while nothing is happening on the old one. Finally, the real trick is this. If he posts the bail on the new case and gets transported to the court where the old one is pending, and (for whatever reason) he ends up getting held in custody on that case (they increase his bail, etc), whoever posted the bail on the new case can go to the court where the new case is pending and ask for their bail money back. The result is, that person has all the money they started with, and he has both cases on track. Sorry for the long answer, but you found one of the more complicated situations a defendant can find him/herself in.... Read More

What you are experiencing is common among all courts and District Attorney's offices in Massachusetts. No one will permit you to speak on the record (with a few notable exceptions) until the day of trial, and even if you can get someone to listen to you, it seems like they don't care. The reason is that all prosecutors have instructions to pursue domestic violence cases even when the alleged victim wants to see them go away. There are a few reasons for this, that don't really matter to you (they think your reluctance is a symptom of domestic violence; etc).  The point is, what you are describing is very common. The bottom line is, if your testimony would conflict with what the police report states you told the police; if your testimony would include an admission that you hit him at some point; if your testimony would include an admission to use of drugs on the day/evening in question; and in any number of other circumstances, then you will be permitted to decline to testify. Ordinarily, if the state wants to call you as a witness, you don't get to decline, but where your testimony could potentially implicate you in a crime, you can decline. On the day of trial, if you show up, the court should appoint an attorney to explain your rights, and to decide whether you have a right not to testify. If you chose not to, the case may or may not continue to proceed against him or not, depending on what other evidence they have, and whether the judge decides that it is admissible. Good luck!... Read More

As we just had an approved cancellation of removal get to the point of visa availability, I can tell you that it takes approximately 3 years currently from the date of filing. 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

You can't be sued for using your own name. However, you could be liable if somehow you give readers the impression that your books were actually written by the other author with the same name. If you're each writing in a different literary genre, there shouldn't be a problem. However, if you're both writing romance novels, for example, the likelihood of readers getting the two of you confused grows significantly. If you don't want to write under a "nom de plume", consider using your first two initials and your last name. Or shorten or lengthen your last name. Several very famous authors use different names when they write in a new/different genre or try a new writing style or start a new series that they're not sure their current readers will like.... Read More

Invitees CAN sue for lead paint poisoning. The law is specifically designed to benefit the public, not just tenants. If you have insurance you should contact your agent regarding representation. If you do not you should retain an attorney with knowledge of lead paint laws. In my experience the fact that a property has been certified deleaded does not always mean that it has. The real issue for a suing party who is an invitee is proving that the harm, if any occurred at the property and not elsewhere.... Read More

You may not petition for a parent to receive an immigrant visa until you are a United States citizen. You must also be over the age of 21. You can find more information about petitioning for a family member at http://myattorneyusa.com/immigration-law-and-practice/immigration-to-the-usa/family-immigration. You should contact  agency that specializes in health benefits to see if your father qualifies.... Read More

Hello, Both methods are fine. Our law office has used separate and single checks at different times without any problems. Good Luck.   Disclaimer:The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney.     ... Read More

Congratulations on your eligibilty for US citizenship! You do not need to send in all the bank statements and tax returns at this time. You should take them with you to your interview. The Immigration Officer will need to see evidence from you that you and your spouse are still married, living together, and have a joint financial relatinship. That could include things such as a lease, a mortgage, utility bills in both names, a few months of bank statements, joint car insurance, life insurance, cell phone bills, etc.... Read More

Visas become available on October 1st when the new fiscal year begins. However, you will likely not recei a visa. The demand for visas for cancellation of removal is much greater than the number of visas available. Aproved cases are essentially put in a line based upon date approval. Those waiting longest will be given a visa first. It may be months or even another year before a visa is available to you. ... Read More

You will need to explain what happened to USCIS in a written response. You need to submit this request  within the timeframe provided by the immigration officer. Did you file a police report or notify your consulate of the lost passport? Do you have a copy of your passport? Did you apply for a new passport yet? If so, submit this evidence with the response. If not, you should contact the police and/or your consulate immediately.... Read More

You can be removed from the United States at any time after you violate your nonimmigrant status. You are currently present in the United States without authorization and as such can be removed at any time. You are not entitled to removal proceedings as you waived such rights when entering the United States under the visa waiver program. There are numerous visa options available to individuals from Portugal, but once you fail to maintain status most options disappear. ... Read More