Massachusetts Recent Legal Answers from Lawyers

I wouldn't read into it too much.  As long your attorney is properly prepared you should be ok.    Attorney Scott F. Bocchio, Esq President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com                   ... Read More

You have outlined two options for bringing your wife to the United States – having her apply as an H-4 dependent or having her stay in Australia while you work on your permanent residence (presumably through employment). For the sake of your family harmony and because of the uncertainty of timing and success through employment-based immigration, you are probably better off having her come to the US under H-4 status and staying with you during the time of your application for the green card. 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 get nothing for being a caregiver unless there is a Family Caregiving Agreement saying that you do.   The administrator is required to take possession of the assets.  If the two of you can't agree that you will get your personal possessions while she watches to make sure that you take nothing else, try mediation at a Dispute Resolution Center or, if that does not work, hire an attorney to sue her for conversion.  By locking up your personal possessions, she has converted them to those of the estate.... Read More

Yes if he is going to marry a foreign national and your son is a US citizen, he can sponsor his fiancé’s child, as the child is under 21. That is the benefit of a fiancé K visa. Your question is a wee bit confusing. Is your son in the USA or with his fiancé in Bangaladesh?... Read More

Assuming you’re a US citizen, you can sponsor him for a fiancé visa which will allow him to travel to the US. You must marry him within 90 days of his entry here, and then you can adjust his status. The whole process takes roughly 10 months to a year. Counsel anywhere in the country can represent you and handle the case from start to finish. ... Read More

It takes about two years for a visa to become available for a foreign national who is being sponsored by their green card holder spouse. If you are a US citizen, the visa for your spouse will become available immediately. Discuss with counsel about all the facts involved so the best and fastest strategy can be implemented to bring your fiancé over here. Counsel anywhere in the US can take your case.... Read More

The period of time that you are talking about is only 28-29 days according to your fact situation. Since the I-94 expiration date was July 2016, over a year later, you did not accrue unlawful presence. Even if you had, it would take 180 days of unlawful presence to bar you from the United States for three years. When applying for an immigrant visa, you can put down that you were unlawfully present for the 28 or 29 days, and it would make no difference in a consular interview for an immigrant visa. If you were adjusting status in the US, it might make a difference, but that would depend upon the category under which you were seeking immigration. 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

There are two considerations. First, as agent under a Durable Power of Attorney your sister can withdraw funds, even all the funds, on your mother's behalf. Second, IF she is "on the bank account" as a joint account holder, she is entitled to half the money when your mother dies.  If the account is "joint with right of survivorship," she is entitled to all of it.  Such accounts pass outside the Will.  But Massachusetts may allow her to be "on the account" merely for convenience.  If so, she is entitled to none of it.  ... Read More

If your mother has not granted and does not have legal capacity to grant you a Durable Power of Attorney and has not protected at least some of her money from her own folly in an income only trust, you may need to seek conservatorship (guardianship of her estate).  It will only be granted if she lacks legal capacity.  We all have a Constitutional right to be fools.  You can find a local elder lawyer to advise on your specific situation by using the Find a Lawyer function of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Dear Anonymous,  In order to complete an uncontested divorce the corrrect forms needs to be completed and filed with the probate and family court in your county. It is the court's job to make sure that the agreement is fair under the circumstances. If you need help with the process, you should find a divorce attorney to help guide you through the process. The attorney will make sure that the forms are correctly completed and the divorce agreement will be approved by the court. ... Read More

Dear Anonymous, Unfortunately, your situation is very typical. The burden is on you to prove that he is earning income. This can be done with a combination of discovery techniques including subpoenas and use of a private investigator. Once you have obtained sufficient evidence, you can petition the Court for an increase.  ... Read More

As long as you applied for a cap H-1B which generally means going through the April selection process, you are allowed up to six years of H-1B employment regardless of whether you interrupt it through a stay in your home country. In your case, you can return under H-1B status if you find a company that sponsors you for the visa status and the petition is approved by U.S.C.I.S. You are not required to go through the cap selection process again. I note that U.S.C.I.S. restored premium processing to all cases on March 12, 2019, thus making possible for the time being your scenario of having the H-1B approved within a few weeks. There is of course no guarantee that the agency will not cut off premium processing in the near future. 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

Dear Anonymous,  It is not clear whether or not Massachusetts has jurisdiction in this matter.  The following information is based on Massachusetts law. Your marriage will be considered a long-term marriage. Marital assets are normally divided equally in a long-term marriage. Assets that are held in either spouses individual name are generally considered marital assets in a long-term marriage. Absent an extraordinary situation, it is likely that the house will be divided equally.  For futher information, I can be reached directly at 617-658-3529.  Best, ... Read More

Individuals holding B1/B2 visitor visas are eligible to apply for extension of stay on form I-539 application to extend/change nonimmigrant status, but not for the purpose of working or looking for work. For that, you would have to explore the working visas that the law allows. You may wish to make an appointment with an immigration lawyer who can go through your options. 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

Trusts are not public documents.   When a Will is submitted for probate (proof that it is genuine, assets collected, debts paid and the rest distributed to the people named in the Will), it becomes a public document.  You may not be able to act immediately.  But you should be able to see the Will.  Some counties even have them online.... Read More

I'm sorry for your loss.  One possible way to address this is to interview new attorneys and when you decide to hire the new attorney have that attorney reach out to the attorney you met with in September and ask for your file and a refund of the retainer.  The attorney from September will probably respond to a demand for such from your new attorney more promptly than a request from you.  Unfortunetaly I've had to do this several times this year and its amazing how many times the client will say "the attorney never responded to me" but when I send a request for the file it shows up on my doorstep by FedEx a couple days later.  Best of luck.... Read More

Dear Anonymous,    Based on the information that you provided you may be able to file for divorce in Massachusetts for cause. Depending on when you returned to India, Massachusetts may or may not have jurisdiction over the children to determine custody matters.   ... Read More