Massachusetts Recent Legal Answers from Lawyers

It is possible that, for various reasons, this contractual provision would not be enforced by a Court, but it is not illegal.  There is no law that sets forth how much notice a private employee has to give a private employer before leaving, it is simply based on the parties' agreement.... Read More

Tourist visas are given in the discretion of the American consulate. Your girlfriend situation does not appear to be promising for tourist visa, but she can try. She would have to convince the American consular officer that she has sufficient ties and bonds outside the United States that she will not stay along with sufficient monies to support herself without working during the period of visit. 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

It is possible that the Texas court lacks jurisdiction over you, but also possible that the court has jurisdiction.  Although the Supreme Court has recently narrowed the bases for personal jurisdiciton, nevertheless residence is not the only basis for a court to exercise jurisdiction.  For example, if this claim arose out of a contract which was to be performed in Texas, and/or contained a provision where you agreed to submit to the jurisdiction of the Texas court, personal jurisdiction probably exists, even though you now live in Massachusetts. Bottom line is that you can move to dismiss the Texas action on jurisdictional grounds, but you might not win.  You can also take your chances, default in the Texas action, and when the plaintiff seeks to enforce the Texas judgment, claim that the Texas court had no jurisdiction over you.  If you do that, however, you can only fight the judgment on jurisdictional grounds, you will have waived all other defenses by defaulting; if you have any other defenses, you probably shouldn't take the risk of defaulting.... Read More

One of the difficulties is that everything must be done by the time that your daughter reaches the age of 18. Other than that, she can either try to give up the green card and obtain a visiting visa or attempt to enter as a permanent resident explaining her entire situation to Customs and Border Protection at the port of entry and why she should be so admitted. Once in the U. S., she would have to show that she is in your physical custody (residing with you) before making a citizenship application. Good luck! 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

With clients who have fallen behind, I have two solutions that have worked. The first is to modify the loan. The second is to dismiss and refile on the basis the debtor needs to restart the five year clock to cure the arrears. The question you willl need to answer is why you will not fall behind again.... Read More

Even if your husband has been unemployed for a few months, he may still be able to file for you, especially if he or you has a friend or relative who is willing to be a joint sponsor and capable of taking on the support obligation. In such case, your husband would fill out an affidavit of support on form I-864, and the friend or relative would fill out another I-864 and checkmark the form as a joint sponsor. 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

On the I-130 petition, you are technically only applying for your brother. However, the I-130 petition does ask for information on all of his family members. So you should certainly include the U. S. citizen daughter on the I-130 form. 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

My best advice is to not sign anything with the at fault party.  Yes, they want your medical records.  They will be going on a medical records fishing expedition to see if you have anything in your past that might affect the value of your pain and suffering claim for this accident.  Insurance companies are just like any other business.  They want to make money - not pay out money (if they can help it).  They are NOT your friend.  It sounds like you may have a valid claim here and may be entitled to compensation for your pain and suffering.  Contact an experienced car accident law firm who can give you a free consultation to let you know what your rights are and what you may be entitled to.  At the end of the day, you will receive more in your pocket with the help of an experienced firm negotiating for you rather than doing it alone. ... Read More

If a lawyer has personal knowledge of relevant unprivileged information about a case, he can be compelled to testify just like anyone else.  It is unclear to me, however, what you want the lawyer to testify to.  Generally, attorneys' don't have personal knowledge of hte facts of the case, they only  know what has  been communicated to them by others, which in general would be inadmissible hearsay and/or protected from disclosure by the attorney/client privilege.   ... Read More

This is a very specialized area. It really relies on the terms of the agreement you signed when you moved in. Ordinarily they could not kick you out without a court order. I would seek the advice of a local legal services lawyer as you very likely have rights to reside that cannot be unilaterally taken away from you.... Read More

Hello, You didn't state a question so I am not quite sure what information you are looking for.  It is not unusual for two insurance companies to take two different positions on an accident as they will usually take the word of their insured.  In this case, if you are both employees of the same company, you would NOT be able to make a claim against the other.  However, if that is not the case, you will need to do your best to prove your side of the case.  This is not easy, especially with no witnesses.  Essentially, it is your word against the other driver's.  Your insurance company should be going to bat for you in this instance.  ... Read More

The question of whether a TPS holder can adjust status in the US is a hot button issue at this time and the circuit courts are divided as to whether it can be done. The Ninth Circuit Court of Appeals in California just decided that it was possible in following the Sixth Circuit in Ohio. Meanwhile the 11th Circuit with jurisdiction over the states of Alabama, Georgia and Florida has decided in the negative. The rest of the circuit courts have not yet ruled. 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