Texas Recent Legal Answers from Lawyers

Hello, Unfortunately, with you not being married, your right to stay on the property is extremely limited (assuming it's solely in his name). Unless you have a contract or lease with him, he can simply give you a notice to vacate, and if you fail to leave, he can begin eviction proceedings against you. The notice to vacate must give you three days to leave before he can file an eviction suit and then you have at least 10 days after those three days until there's a hearing. Please see the following helpful link from the Texas State Law Library for additional information: https://guides.sll.texas.gov/landlord-tenant-law/eviction-process. Should you receive a notice to vacate, I would suggest talking to a lawyer, but there may not be much an attorney can do for you and you'll likely just have to vacate the premises. I will note though, that given you have 5 children together, him kicking you out may not look great to the Court if you have to go to in front of a judge for a custody dispute. Best, James... Read Answer

Hi Stefani, Generally, yes. Depending on your county and your judge, if you show up at the hearing on Monday even without having filed a Motion for Continuance, the judge may just give you a continuance regardless. Obviously, if you can, it would be best to file a formal Motion for Continuance and in that Motion you would state that the purpose is to have time to retain an attorney. Please note though, that for many judges they will give you once continuance to find a lawyer, but if you haven't found one by the next hearing, they may not give you another for that purpose, so I would recommend you try to find one quickly. Best, James Ringel... Read Answer

The divorce decree should state whether there is income withholding, and there should be a separate income withholding order. If there is not one, you should get one. You also should be able to file an enforcement for child support. If the children are on Medicaid, eventually, the attorney general of Texas will file an enforcement. However, sometimes the AG does not file because they are overloaded with cases. You should probably file the enforcement yourself. You can get more information here: texaslawhelp.org.... Read Answer

You certainly could seek a divorce from your husband and seek reimbursement for whatever money he may have spent on the other woman. It is likely that he has spent community funds to support her. You will not be able to bring an action against the woman though. Be sure to collect information about all your financial assets and bills so that you know the state of your community property. You didn't say whether you have children with your husband, but if you do, he will be ordered to provide child support and medical support for the children of the marriage.... Read Answer

The question for an immigration inspector is whether your mother-in-law is able to show that her stay is temporary as she is here under a visitor visa. Trying to make a quick return to the US after being here for six months might cause a problem at the port of entry. After leaving the US, a visitor should stay outside the US for an appreciable period of time before returning. Your mother-in-law may in the alternative file for an extension of stay with USCIS. 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

It depends on the specifics, but as you describe it, not generally. She may be entitled to some reimbursement if community property funds were used to pay for improvements or repairs on the house, but since you bought it prior to marriage, it would be considered separate property and not something she'd be entitled to half of in the event of a divorce.   The above is assuming that when you say you bought the house prior to marriage, you mean you paid it off completely. If you purchased it prior to marriage but have been paying the mortgage while married, then you've almost certainly been using community property to make those payments (in Texas, income from your work while you're married is considered community property). In that case, she may be entitled to a significant chunk of the equity you have in the house.... Read Answer

The only time that a US citizen spouse is disqualified from sponsoring a foreign national spouse is if the US citizen spouse has a criminal conviction for violations under the Adam Walsh Act. Basically, if she has committed any sexual offenses against minors (ie children), then she would be prohibited from sponsoring you.... Read Answer

Applying under the three year rule has a higher burden of proof than under the five-year rule. For three year citizenship, you must prove that you have been a green card holder for three years (can apply 90 days in advance of the three years); have been married to a US citizen in marital union constantly without separation for three years; and that the US citizen has been a US citizen for the three years. It is common for naturalization examiners to request proof of joint documentation to show that the couple has lived together constantly. USCIS has given you examples of what it will accept. In our practice, we request clients to have at least three pieces of joint evidence for every year in the three years to prove constant living together. From your fact situation, it appears that you have enough evidence to prove that you and your wife have been constantly living together. A joint bank account is only one example of proof that USCIS can accept. 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

Im not sure what rights you believe could have been violated. Nothing specifically is apparent from your question. The police take a report. They provide the info to the district attorney. In a felony case, the district attorney decides if there is enough evidence to present this evidence to a grand jury.  If the grand jury finds probable cause, theh return an indictment.At trial your son has a right to testify (tell his side of the story). But at this stage, he has no specific "right," to do so. If he wants to put himself in the best position to avoid prison, he should hire an attorney he trusts to defend him in his case.  Good luck.... Read Answer

If and when a bond is set on a MTR deoends on the discretion of the court. It does not reflect anything else. It does show that your judge is considerate enough to set the bond timely so you don't end up sitting in jail and waiting for a bond to be set. On a MTR, the judge can reinstate, add conditions, extend probation, or revoke and sentence you. If suggest contacting attorneys directly to talk about your specific situation. Good luck.... Read Answer

You are taking the next right step - finding an attorney. I suggest reading client reviews, setting up some consultations with a few attorneys, and then hiring who you trust to defend you in your case. Make sure you come prepared for the consults: know your budget, expectations, and your case info before the appointments. Good luck.... Read Answer

In your fact situation, your case of shoplifting was in August 2015, well over five years old by the time that you applied for your citizenship in January 2022. I also note that you said that you received your permanent residence in 2017, and I assume that you disclosed the shoplifting offense in your immigration application papers. The period of good moral character is five years, and this should not be held against you. I suggest, however, that you obtain a certified copy of the court disposition to take with you to the interview if you have not already presented it as part of your naturalization application.On your other questions, I do not believe that pretrial intervention and dismissal qualify as one of the programs  mentioned in part 12, item 26, if you did not have to make an admission of guilt. Also you should mention the traffic tickets as item 23 of the same part asks whether you have ever been cited, and a traffic ticket is a citation. 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

A dog owner is strictly liable for injuries that his pet dog inflicts upon you. The procedure is to identify the owner of the dog and then make demand on him to produce his homeowners insurance policy to see if he is covered for this incident, or if he does not own property, then demand to see his renters insurance policy if he rents.    ... Read Answer

If any of your children are aged 21, they could perhaps sponsor you for permanent residence. Other than that, there is too little in your fact situation to give an opinion as to whether you be able to receive your immigration papers in the future. I suggest that you should consult with an immigration lawyer to go over your options. 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