Mississippi Recent Legal Answers from Lawyers

You could adjust status to permanent resident based on marriage to a US citizen, and remain in the United States while your application is being processed. A fiance visa is not needed in your case, but I would consult with an immigration lawyer before filing the petition to make sure you don't have any other ineligibly issues.... Read Answer

After you have married your US citizen girlfriend, she can petition for you on form I-130 and you can apply for adjustment of status concurrently on form I-485 with USCIS. You do not need to return home to apply for a fiancee visa. If your application is approved, you will be granted residency status and can stay in the US legally. It's currently taking USCIS about 4-6 months to process the application before calling you and your future wife in for an interview.... Read Answer

I am sorry but it is exceedingly difficult for a person who has been deported twice to return to the US. At a bare minimum, at least 20 years must pass before such person's return to this country is possible. The 20 year bar is counted starting from the date of the last deportation. Also, if your mother again attempts to return to the US, the 20 year bar clock is stopped and restarts again when she is deported again,... Read Answer

In response to the question on any government form , your primary duty is to be honest In this instance, if the father of the baby is an illegal person, you must still disclose his name as the father of the baby on the birth certificate. For the most part, this information is required by the hospital and or the state department of health where the baby is born. And this has nothing to do with the immigration authorities. Therefore, your disclosure will not expose the father to the Dept of Homeland Security. Next, regardless of the identity of the father, if you are qualified, you will still receive and as a child born in United States, your child is also entitled to governmental assistance, irrespective of the nationality of the parent.... Read Answer

Usually, the primary source of the record of birth should be in the hospital where the birth took place as well as the county clerks office in the county where the person was born. Your wife should first contact the hospital if known, next she may contact the county recorder's office in the county where the hospital is located with as much information about herself, her parents and actual or approximate date and place of birth. If it is not available in either of those places, she should contact California State Dept of Public Health and Vital Records in Sacramento.... Read Answer

You should apply for a Form I-130 Reentry permit before you leave the US if you wish to be away from this country for an extended period of time. If your reentry application is approved, you can be away form the US for up to 2 years and safely return without losing your residence status. Please note that there a number of requirements for a Form I-131 reentry permit. So, you should consult with an attorney in detail if you wish to avail yourself of this alternative... Read Answer

The H1 visa you are referring to is most probably the H-1B visa which is available to those foreigners coming temporarily to the US to perform a specialty occupation (medicine and health, education, business specialties, accounting, law, mathematics, theology, social sciences, architecture, engineering). Applicants must have a minimum of a US bachelor's degree or its equivalent. The H-1B visa is capped at 65,000 per year, therefore applicants are encouraged to file the 1st day filing is permitted, which is 4/1/2014 to commence employment not before 10/1/2014. "Premium Processing" on the other hand, is an expedited service for processing for certain employment-based petitions and applications, including the H-1B visa (it is not a "premium visa"). Applicants for Premium Processing pay the US Immigration & Citizenship Service an extra $1,000 to obtain a decision within 15 calendar days.... Read Answer

I recommend you discuss this with your attorney more in depth.   Your attorney should be able to explain to you in depth why they are not handling the property damage side of your case.  It might be that your attorney only agreed to assist you with your medical/personal injury damages and not the property damage aspect.  This is fairly normal but you should seek more clarification from your attorney.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read Answer

He would have to tell an attorney what the undisputed facts were that would do so. The closest he comes is that none were found on him. But, if he is charged with conspiracy with the group, that is not a great defense. Think TV shows, where a drug gang gets caught in a transaction. Everybody gets arrested, not just the one holding the drugs or money. Besides, he has a prior, demonstrating to the prosecutor his tendency to drug crimes. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, contact an attorney.... Read Answer

If you dismiss your Chapter 13 case you will lose the protection of the automatic stay which prevents your creditors from taking actions to collect on debts.   Without knowing all the specific facts of your case, it's impossible to advise any further as to "what would happen" in your particular situation. If you don't have an attorney, now might be a good time to at least have a consultation with one so you can get the necessary legal advice as to how best to proceed. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

They can apply but it is best to wait until they have been in the US for at least 90 days since their last entry so that it does not look like misrepresentation of intent at the time of entry. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer