Missouri Recent Legal Answers from Lawyers

Since no one is coming out to clean for you, Homeglow is in breach of contract. You can write them and explain they cannot charge you for something they cannot deliver or you can hire a lawyer to advocate on your behalf. You may want to discuss your situation with a lawyer.  Many lawyers offer a free phone consultation.... Read Answer

I do not quite understand your stating that you were on a temporary work permit in 2015 through migration. F-1 student status would not bar you from returning to the US as long as you did not receive revocation or denial of such status or were not the subject of removal proceedings with unfavorable results. But if you changed to some other nonimmigrant status or attempted to obtain an extension or change that was denied, you would likely be subject to the 3/10 year bars for having overstayed in the US. If your overstay was over 180 days, you would be subject to a three year bar on entry. If the overstay was one year or more, you would incur a 10 year bar. You may be able to obtain a waiver for nonimmigrant purposes, but for that to occur, you would have to apply for a visa, have it denied, have the consulate agree to recommend a waiver, and have the Admissibility Review Office in the US approve it before you could return. In the event that you are not barred, you would have to apply for and receive a F-1 visa from the American consulate or embassy. The issuance of such is within the discretion of a consular officer who will have to consider the effect of your previous day on the question of your ability to demonstrate nonimmigrant intent, which is necessary for the approval of a F-1 visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

If this happened on the job, then you can apply for Worker's Comp, and then sue the restaurant manager individually. You may have trouble collecting if he isn't wealthy. But if you were a patron and the restaurant manager attacked you, you may be able to sue the restaurant if the manager was acting out of a financial interest of his employer, or was hired by the restaurant despite having a past history of violence. Those are the general rules, but there are some exceptions. You should contact counsel for a full and complete analysis of the facts.... Read Answer

USCIS does not at this time request H-1B applicants to undergo fingerprinting or answer questions concerning crime on the petition forms and so there is a good chance that the shoplifting charge will have no effect upon your eligibility for the H-1B if you will be applying for a change of status. I note, however, that if you go outside the US for a visa from an American consular post, you will have to disclose whether you have ever been arrested and undergo fingerprinting. At such time, the shoplifting case may be a subject of discussion with the consular officer. Generally speaking, shoplifting such a small amount would not be a ground of inadmissibility, but note that all nonimmigrant visas have a measure of discretion in whether they are issued or not and consular officers have been known to delay adjudications for a long time where crimes are involved. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

Your question is highly dependent upon the precise langauge contained for your Benefit Plan. Because your plan is likely ERISA Self-Funded, the law is essentially that the terms of the Plan control how benefits will be allocated.These Plans have mandatory disclosure documents called Summary Plan Descriptions that will contain all terms relevant to Benefit administration. Our firm is happy to review these documents with you and advise as to any potential implications from your goal of seeking non-union work without compromising your benefits.... Read Answer

While one cannot discount Customs and Border Protection inspectors looking with interest in any arrest, the fact that your case was never filed with the court is very favorable towards allowing you reentry into the States. Kindly note that an admission of guilt to an immigration inspector has the same effect as a conviction when you are trying to be admitted as a nonimmigrant to the country. If the arrest was for an excludable act, and it was admitted, then you would have difficulties. You may wish to bring a copy of the proof that the case was never filed to court in the event that there are questions. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

As you know, TPS is individual, and every TPS holder must qualify. If your wife is here, perhaps her F-1 schooling can be extended or she can transfer to another school, or she can become eligible for some other type of working visa or longer duration visa. As you are a TPS holder and presumably have employment authorization, you may be able to support her financially past her 32 week intensive English course. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

There is a good chance that he has a case. Your friend needs to contact an attorney as soon as possible.  There are many important details that an attorney must consider. Based on the information you provided, there may be a claim against the driver of the car, against one or more doctors, and possibly against the manufacturer of the rods and plates. In your question, I did not see any information about when your friend was hit by the car or the dates of the three surgeries. The dates on which the car hit your friend and the dates on which the surgeries occurred may effect what claims your friend still has. In Missouri, the statute of limitations for most personal injuries is five years. You also mentioned failed surgeries and faulty rods and plates. If medical malpractice occurred, Missouri has a two year statute of limitations for those claims, although if certain facts are present, that time may extend more than two years after the surgery. It would be helpful if you would provide more information about the date of the initial accident as well as the dates of the surgeries. Your friend's injuries are serious and it would be in his best interest to contact an attorney as soon as possible to evaluate his potential case and to determine the best steps to take. Even if he has additional time before the statute of limitations runs, it is better to gather evidence early while memories are fresh. An attorney will need to take a close look at evidence relating to the initial injury and all of the relevant medical records. I strongly encourage your friend to reach out to a qualified attorney to evaluate whether he has a case. Time is of the essence with legal claims. I wish your friend the very best.... Read Answer

More information is needed. Who impounded or towed the car?  Is there a fine to pay in order to get the vehicle?    In general, the quicker that you pay, the less that you may have to pay. At a certain point, your car may be sold or scrapped for metal.  Usually, but not always, the contents of the vehicle are not accessible.  You will have to check with the party or government entity that has possession of the car to see whether it will return personal documents.... Read Answer

You may be able to withdraw your husband’s co-sponsorship by communicating with the agency which is holding your sibling’s application at this time. I do note, however, that the NVC and consulates are sometimes reluctant to continue processing cases where a spouse does not put in the I-864 A form. This may be because the agencies want to see more of a level of support, want to see the whole picture of the petitioner’s ability to support, because there are mixed assets belonging to both parties, or for other reasons. So you can make the request, but there may be some resistance. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

So anybody who wants to visit the United States has to apply for a tourist visa at the US consulate in their home country. There is no requirement that their host "sponsor" them. In order to qualify for a tourist visa, the foreign national would need to provide the consulate officer her tax returns showing a stable income, and A deed to property ownership, showing both an appraised value and how much equity is in the home. These documents are necessary because they will convince the US consulate that the Foreign national will be motivated to return to China upon the completion of their visit.... Read Answer

If your child was raped, you may be able to file a lawsuit against a party or parties that both Perpetrated the assault, as well as who may have been negligent in allowing that assault to happen. You should discuss your Daughters case with counsel in your jurisdiction to investigate the possibility of bringing a civil action against the perpetrator and/or other culpable parties who may have been negligent in allowing this assault to take place. In addition most states have victims compensation funds set up in the state capital, and you should call them to determine if any monetary compensation is available for your daughter. Typically a victim of a violent assault like this does qualify for monetary payouts from the state. So you should check on that. Additionally, the judge in the criminal trial should order that the assailant pay restitution benefits, which may include medical expenses and psychological counseling expenses to your child as a condition of his sentencing. The prosecutor would know more and have more information about that.... Read Answer

While only a court can award guardianship, you and the children's father can sign a Temporary Power of Attorney for Our Minor Children allowing the children to live with their grandmother and older sister and allowing them to enroll the children in school, take them to the doctor, etc.  This is revocable at will.... Read Answer

If your sister has a special needs trust (because she is receiving needs-based public benefits in the form of Supplemental Security Income), and it is established with NONE of her own money, you can contribute any amount to it.  You can also contribute up to $15,000 per year to an ABLE account (www.stable.org). However, if your sister has some other sort of trust and is receiving not Supplemental Security Income ($794/month in 2021) and Medicaid but Social Security Disability Income (in excess of the SSI figure), you are only limited by the Internal Revenue Code.  This allows anyone to give anyone else up to $15,000/year without paying gift tax or $70,000, filing a Form 709 with their 1040 to explain that it is intended to be a gift over five years.... Read Answer