New Mexico Recent Legal Answers from Lawyers

Yes, you can file bankruptcy by yourself.  Your husband's income, expenses, and any community assets and debts will need to be included and will factor into your budget analysis and which chapter you should file. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

The first step is to determine whether your husband is eligible for permanent residency (green card) based on your marriage. If your husband last entered the U.S. with inspection but is an overstay, the good news is that he may be able to file for and obtain his green card from within the U.S. based on marriage to a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen. The big issue in his case is proving his last lawful entry into the U.S.  If he did not last enter the U.S. with inspection and he is an EWI (entered without inspection), there are more serious issues to review.  He may still be eligible to obtain permanent residence status based on your marriage, but he may need an immigrant waiver. In order to properly analyze all of the issues of your husband’s case, you should consider scheduling a consultation with an immigration attorney.  This allows the attorney to fully review the specific facts of your husband's case and advise on a proper strategy.  Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

You may have a case under the Americans with Disabilities Act as amended in 2008 by the ADAAA. IBS is more than likely a covered disability. Here's how the theory would work: You were hired as a temp, although it is a temp -to-hire situation which is comparable to an employer who utilizes a probationary period for all new hires. The employer was aware you had the disability. You needed to see the doctor and you asked for a reasonable accommodation (to be allowed to keep a doctor's appointment for treatment of your IBS). They retaliated against you for asking by firing you. While you have no case under the Family and Medical Leave Act, since you have not worked there for 12 months, you still have rights under the ADA.  You can file a disability discrimination and retaliation charge with the EEOC.  You also may have additional rights under state law. You should consult with a New Mexico employment lawyer about that. Michael Caldwell 404-979-3150 ... Read More

I don't see a question anywhere in your post, but what you are proposing to do is acceptable to many bankruptcy courts in this country.  You need to have a consultation with a qualified bankruptcy attorney in your area for more details. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

You should contact a local personal injury attorney (one in your state).   A broken elbow is a pretty significant injury, and you should be represented by counsel. Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

Federal law may deem these products to be non-conforming motor vehicles, and it may be illegal to sell or operate them on public highways. You should consult with an attorney to analyze the precise characteristics of the items you plan to sell (which you do not provide) and compare those characteristics against the requirements of federal and multistate laws. You should not expect to get such advice for free or at a web site. You are making a mistake by focusing on "licensing" rather than whether these products may permissibly be sold and/or operated on public roads.... Read More

File an "ex parte" (emergency) motion telling the court where you want to take the kids on vacation, serve it on her and let the court determine the vacation.  Go to the court in the county in which you were divorced.  You can go to the Family Court Facilitator in the court house to advise you.  Take a copy of the judgment or pick one up.  The cops are right on this- they need the dates.... Read More

Your contract defines your rights and obligations. Thinking all you need is a simple letter to breach the final three years of your contract, without having seen your contract, seems overly simplified. Both Pepsi and Coke have huge legal teams, decades of experience in protecting their contractual rights, and without consulting an attorney you may be risking a lawsuit for breach of contract. ... Read More

Yes, you can appeal a judgement.  However, most states and federal courts have time restrictions to file an appeal.  You should immediately contact an attorney to determine if you still have the right to appeal a judgement. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Your facts are not stated clearly enough for me to understand what the state of title was prior to adding the child's name, or why the "loan" against the property should make any difference. Let me just say that, by adding the name of a minor to the title makes that child an "part owner" of the property.  The child become an owner just like the other owners.  To remove the child's name is to take the ownership interest away from the child.  No one has the right to do that and no one should have the right to do that --- without paying the child a fair market price for the asset taken away from him.  When a proposal is made in court to do that, the court will always require that the child be represented in court by a court-appointed lawyer called a Guardian ad litem.  That lawyer's job is to protect the interests of the child.  In this case, the lawyer's job would be to see that the child is fairly compensated for his loss of an ownership interest.  It is not relevant that it might have been a "mistake" to have added the child's name to the title.  Doing so created an ownership interest.  (Now, there may be a way to challenge the validity of the deed into the child by showing there was no consideration for the transfer.  An attack on the validity of the original transfer would have to be defended by the Guardian ad litem.    ... Read More

It is a political "hot button" issue. The money goes into a SS Trust Fund.  To run the country, Congress authorizes loans from the Trust Fund to pay what is necessary to run the country. The problem is that Congress borrows but never pays back. The "trouble" is that the projections that the SS Trust will be bankrupt and unable to meet its obligations.  Those estimates continue to get closer. Yours is a great question to ask both of your U.S. Senators and your Representative in Congress.  You can write the same question to each of them - let me know what they say!  Click here and here for links to your representatives.  Good luck, and vote in the next election!  It's important.  Too many people don't and issues like this are at stake. ... and no, you can't sue anyone.... Read More

If she committed fraud or theft, then those are bases to have the discharge of her debt denied in a Chapter 7 case.  You need to file a complaint objecting to the discharge of the debt in the bankruptcy court case and go through a trial to establish the required elements.  You will likely need an attorney for that.   There are strict deadlines for bringing the Complaint, and they are stated on the notice of commencement of case you should have received. The above does not "get you" the $20,000 back, but merely gives you the right to continue trying to collect on it pursuant to the laws of the state where she lives  (e.g. filing a lawsuit, getting a judgment, garnishing wages, etc.) If there are assets being distributed in this Chapter 7 (which is unusual, but could happen), then you should be sure to file a proof of claim for the amount owed to you so you can share in any distribution from the Trustee. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read More

Most legal work for small businesses is done on an hourly basis. That means you will pay only for the services you use. The most frequently small-business legal needs are formation, leases, employment, tax and disputes. The frequency of your use of these services and their cost to you will depend on the nature of your business and your personal preferences.... Read More

There are many criteria an individual must meet in order to pursue permanent residency from within the U.S.  Some of the fundamental requirements include last entering the country through proper inspection, being in lawful status in the U.S. and never working without permission in the U.S. While most individuals may not adjust status if any of these criteria are not met, the last two are not impediments to an immediate relative wishing to adjust status within the U.S. INA 245(c) bar to adjustment because the person lacks current lawful status or the person worked without authorization does not apply to immediate relatives (spouse of U.S. citizen). Even an immediate relative (spouse of U.S. citizen), however, is ineligible to adjust status within the U.S. if s/he last entered without inspection. In those cases, the immediate relative must return to the consulate abroad and apply for an I-601 hardship waiver. These matters are commonly seen with Mexican nationals who entered the U.S. without inspection and married a U.S. citizen. these individuals are ineligible to adjust status from within the U.S. and must process for an immigrant visa and I-601 hardship waiver at the U.S. Consulate in Ciudad Juarez. Examples: (1) A foreign national enters the U.S. under valid H-1B status. He works for one year under H-1B status and then leaves his employer. He begins work at a new employer but doe snot file new H-1B or any other work authorization paperwork. Two years later he marries a U.S. citizen and wishes to apply for a green card based on that relationship. Is the individual eligible to apply for I-485 adjustment of status? Yes-Even though the foreign national no longer possesses lawful status and has worked without permission, he is still eligible to adjust status because he is applying as an immediate relative. (2) A foreign national enters the U.S. without inspection by hiding in the back of someone's truck. The individual stays in the country for two years and marries a U.S. citizen. The individual does not wish to leave the U.S. and wants to apply for a green card through I-485 adjustment of status. Is he eligible? No-There is no exception to the bar to adjustment of status for someone who entered the U.S. without inspection. if the individual wishes to apply for a green card, he must return to his consulate abroad and apply for an immigrant visa and I-601 hardship waiver. Your husband's case is very complex.  You should consult with an experienced immigration attorney who can advise on any green card options for him. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

Thank you for your question. If he was provided voluntary departure and does not have any criminal or immigration issues that would render him inadmissible, he may be able to process for an immigrant visa through a U.S. Consulate in Mexico. Much depends on whether he does have any criminal or immigration issues that render him inadmissible.  If yes, he may require an immigrant waiver in order to qualify for an immigrant visa. If there are no admissibility issues, you could sponsor him for a K-1 fiancee visa if you wish to wait and marry in the U.S. or sponsor him for permanent residency (immigrant visa) if you marry now while he is in Mexico.  You can find useful info at: http://www.familytousa.com/fiance-petition-k-1-visa/ http://www.familytousa.com/immigrant-visa-processingconsu/ First you really need to consult with an experienced immigration attorney who can review his complete history, determine whether he has any admissibility issues and discuss potential options for him to return to the U.S. based on your relationship.  Every case is different, and you will not obtain accurate information unless an experienced immigration attorney can review his very specific facts. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More