Nebraska Recent Legal Answers from Lawyers

There are statute of limitations to filing a lawsuit against USCIS. Many actions against USCIS are governed by the APA, but without knowing more about your allegations, it is difficult to determine what statute of limitations apply. You may want to consult an attorney just to understand the process better.... Read Answer

Yes, you may remain in the United States. Your visa is simply an entry document. Your authorized stay in the United States is controlled by your I-94 and I-20. You will need to apply for a new visa when you need to travel outside the United States. You can read more about student visas at http://myattorneyusa.com/student-visas.... Read Answer

I assume that with your reference to a 1997 visa bulletin date for the F-4 category, your family is born in Mexico. The rest of the world except for India, Mexico, and the Philippines is already up to the year 2003 for immigrant visa availability in the F-4 category. Unfortunately there is no speeding up of the category unless the dependent spouse is born in another country. In that event, there could be a cross-charge of the dependent’s country of birth instead of Mexico. I would suggest that if your father or mother has education or an employment based skill that could be the subject of employment sponsored immigration, that would probably be a better way to go. The EB-2 category for persons with advanced degrees (or bachelors +5 years of progressive experience) is up to February 2014 for Mexico born, and the EB-3 category for skilled workers or those who only have a bachelors degree is up to May 2016. (I note that the EB-2 category is expected to rebound to a more current date in the October visa bulletin). 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 Answer

If you do not Answer the Complaint, the complaining party can set a default hearing and get what they are asking. In some circumstances, if you hire a lawyer after the 30 days, you may be able to get Court permission to file an Answer out of time. You should talk to a lawyer right away and bring them the Complaint and documents you received so they can advise you.... Read Answer

Obtain a copy of the payment history from that provider or any other documentation showing how much you have paid out of pocket. Then speak with the adjuster/claims representative, explain the situation and ask if they will reimburse you for your out of pocket expenses directly when you provide copies of the documents.... Read Answer

You may make corrections to your Form N-400. Whether you need an attorney is a matter of personal choice. You are not required to retain an attorney but it may be helpful. A mistake should not result in your denial but it can lead to more questions and increased scrutiny. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

Generally speaking, an individual who is here for 16 years without more would have to go to his or her home country to obtain permanent residence. There are exceptions, such as those who are granted political asylum or who have the benefit of section 245(i), under which individuals who had a labor certification or immigrant visa petition filed by April 30, 2001, and are able to prove physical residence on December 21, 2000, are allowed to adjust status upon the payment of a fine amount of $1000 if they have a basis to immigrate. Persons here 10 years with good moral character may be allowed to stay through cancellation of removal, but would have to prove exceptional and extremely unusual hardship to a U. S. citizen or permanent resident spouse, parent, or child under the age of 21 and unmarried. That application is done before an immigration court and not U.S.C.I.S., which usually means that failure results in an order of removal. I note that a return to the home country where an individual has a basis to immigrate usually involves a 10 year bar against return, and the applicant would have to obtain a waiver of the bar to safely return. Such would involve the filing of an I-601 waiver of excludability after being rejected for the immigrant visa, or an advance filing of a provisional I-601A prior to consular processing for those who are eligible for it (currently open to immediate relatives of U. S. citizens, but to be opened to all classes within presumably the next few months). The standard of both I-601 and I-601A waivers is the establishment of extreme hardship to the qualifying family member. 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 Answer

Once you are engaged you will need to file a fiancé visa petition on behalf of your fiancé with USCIS. This requires completion of the fiancé visa petition form and submission of supporting documents. The supporting documents must establish you have met in person within the past two years and that you intend to marry within 90 days of his entry. After this petition is approved, your fiancé would apply for the actual visa. He will need to complete the visa application and submit required evidence. He will be interviewed and if all goes well issued the visa. Once your fiancé enters the United States, you will have 90 days to marry. After you marry he will apply for his green card. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

Good question. Burt v. Burt, 799 P.2d 1166 (Utah Ct.App. 1990): The overriding consideration in dividing marital property in divorce is that the ultimate division be equitable that property be fairly divided between the parties given their contributions during the marriage and their circumstances at the time of the divorce. Newmeyer v. Newmeyer, 745 P.2d 1276, 1278 (Utah 1987). The court should first properly categorize the parties' property as part of the marital estate or as the separate property of one or the other. Each party is presumed to be entitled to all of his or her separate property and fifty percent of the marital property. But rather than simply enter such a decree, the court should then consider the existence of exceptional circumstances and, if any be shown, proceed to effect an equitable distribution in light of those circumstances and in conformity with our decision.... Read Answer

Your husband's child may have derived United Stares citizenship if your husband was a citizen at birth. If this is the case, his child may be able to obtain a U.S. Passport. Your husband will need to meet several criteria but if established she could be issued a U.S. Passport and use it to enter the country. You can read more about deriving citizenship at birth at http://myattorneyusa.com/deriving-citizenship-through-parents-at-birth.... Read Answer

First things first. I am deeply sorry to hear of your son's suicide. I hope you never have such grief again. You definitely need a skilled family law attorney. If you can prove that you did not receive notice of motions or hearings, for example, your lawyer could move to reopen matters and very possibly include a contempt charge among other motions to straighten things out. But this is not something that a lay person can do for herself. In every major city there are law firms, public and private, which provide legal services at reduced prices for people who cannot afford the usual legal fees. There are also a good many lawyers who believe it or not have a heart, and will offer some kind of payment plan.... Read Answer

You really should start by having an attorney review his immigration record. A copy of the record can be obtained through the Freedom of Information Act. This requires your husband to request or authorize the release of his records to an attorney. Once an attorney reviews the records, he/she can tell you how to best proceed. It may be as simple as filing a Form I-130 or the case may be more complicated requiring one or more waivers. You can read more at http://myattorneyusa.com/family-immigration.... Read Answer

Whether this single woman can obtain a visitor's visa will depend upon her ties to Russia and her intent to return. It will likely be very difficult for her to obtain a visitor's visa unless she has strong ties to Russia. She can always apply.  A visitor visa is not to be used to circumvent the is country's immigration laws. If you think this relationship is leading to marriage then it may be best for you to travel to Russia to meet her. You could also choose to meet in a third country to which she can obtain a visa. After you have met, you could pursue a fiancé visa for her. You can read more about the fiancé visa process at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

In Kansas, spousal maintenance (formerly called alimony) is based on a spouse's needs, and the other spouse's ability to pay. Some Kansas counties have Family Law Guidelines that help judges make consistent rulings, but all cases must be analyzed in light of the Kansas spousal maintenance statute that sets forth the factors the court must consider in making or denying spousal maintenance. Be sure to consult an experienced family law attorney, who can craft the legal factors into a cohesive argument either for or against an award of spousal maintenance.... Read Answer