Texas Recent Legal Answers from Lawyers

Hate to be the one to break the bad news, but you will be very unlikely not find an attorney to take on this sort of case on a contingency fee basis. The probability of recovery in these sort of actions is just too small. Plus, the attorney would have to believe the chances of recovery are so great that they would put up thousands of dollars of their own litigation costs on the hope that they'd recover damages. In a malicious prosecution action, thats just not going to happen. However, you absolutely can find qualified attorneys to file such a suit for you on a retainer/hourly basis. If you are serious about filing suit, and want a qualified attorney to file it, thats the only way its going to happen. No experienced litigator would take a malicious prosecution case on a contingency fee. Good luck. ... Read Answer

This question is a family law question. But I can see how you mistakenly believe this question is an immigration question because two countries’ borders are involved.    That said, if crossing the US-Mexico border could potentially create an immigration problem for your father, my recommendation is not to cross the border. Longterm though, he should address the issue. If he becomes a US citizen, it will prevent any immigration-related problems he faces. Crime-related issues will still be a problem, whether he is a citizen or not.   If possible, I recommend that you have your father speak to an immigration attorney to identify any immigration-related issues and any remedies to the problems.   --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

USCIS policy is that there is no allowance of transferring the I-485 to another petition where the underlying petition has been denied. Unless the agency makes a mistake, the I-485 would be denied and you would have to file another if you are still eligible to do so. If you can, you may wish to be proactive and file another I-485 rather than waiting for the result of the earlier filed adjustment of status application. 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

I do not see a problem with different employers filing two different H-1B transfer petitions at the same time with the same job code. This is not the case of an applicant attempting to circumvent the rules for H-1B registrations for initial H-1B visa status under which duplicate registrations associated with the same employer are not allowed. I assume that if both petitions are approved, you would take the job that best suits your wishes for future success. One thing that you should watch out for is the last action rule under which a later approved petition is the one which is valid for the extended-stay in the US. If the first approved petition is the one that you want, you should have the employer withdraw the second pending petition. Otherwise, you might have to take a trip outside the United States and return showing the wished for H-1B approval sheet to immigration inspectors. Under that circumstance, if you do not already have an H-1B stamp in your passport, you may have to go through the visa stamping process at the consulate before returning. Good luck! 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 US citizen can sponsor a foreign national for a K visa, provided that they have met physically within the last two years prior to filing the application. The meeting can take place anywhere in the world. You should retain counsel to handle the case from start to finish so that all goes well.    ... Read Answer

If the offense was dismissed without any type of probation, or you were found not guilty at trial, you may be eligible for an expunction. Convictions, and offenses where you completed deffered adjudication probation are not eligible for expungement. You can contact an attorney directly so they can look up your case. Then you will know for sure if it is possible, and the attorney can assist you.... Read Answer

I would be happy to discuss the prospect of representing your husband. However, I do not reccomend anyone hire an attorney for the limited purpose of trying to get someone a lower bond or house arrest. Once an attorney is hired on the case, they are obligated for all matters related to the case, of which the bond is a small issue compared to the years of prison at stake. When there is a motion to revoke probation, the final decision about what happens is with the Judge, not the probation office. The probation office has a reccomendation they make to the DA, and Judge on what they think should happen, but it is not binding. When the probation office alleges a violation of the terms and conditions of probation, they submit a violation report to the District Attorney's Office. The DA then files a motion to revoke probation (motion to adjudicate guilt for deferred adjudication type probation). You are entitled to a bond, but the amount and conditions can vary greatly, depending on the Judge. You can work out an agreement with the DA or set the case for a hearing. At a hearing, you can submit evidence and testimony related to the alleged violations and compliance with probation conditions. The Judge has the option to reinstate probation, extend probation (in some circumstances), add conditions, or revoke and sentence to anywhere within the punishment range for the offense. ... Read Answer

Yes...and if you are unable to afford a private defense attorney, the court will appoint you a licensed attorney - for free. I suggest you reach out to a few private attorneys and set up in person consultations. Then you will know if you can afford it, and who you think will be beat able to defend you in your case. Good luck.... Read Answer

If you are able to remember details on your naturalization certificate, you or your lawyers can apply for an N-565 Application for Replacement Naturalization Document. Without specific information, it would be very difficult to fill out the application with an assurance that USCIS would be able to issue a replacement document. For purposes of sponsoring a family member, the law firm will also be able to use a copy of your US passport in lieu thereof. 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

Whether or not your children have rights to their dad's property, would depend upon whether or not Dad had a will or not.  If he had a will and it was probated, my guess is that he probably left everything to his new wife.  If not, depending on the family tree, your children could be entitled to a share of the property.  Either way someone has to go to court (Probate Court) to have the heirs determined if there is no will.... Read Answer

Ownership of the property is still in the name of your grandfather based upon the facts you recited.  Even though your parent's paid the tax, the property was never theirs.  In addition, the property is not owned by you and your siblings or whoever are the heirs of your grandfather.  The only way to straighten this out is in Probate Court in the county in which your grandfather died.  It will be an heirship proceeding and likely to be complicated based upon your writing.... Read Answer

A lot going on there. Any traffic ticket warrants will be handled in a municipal court or justice of the peace court. Those tickets must be either paid, or you have to go to court on them and work them out another way. They are fine only offenses unless you do not pay them or go to court, then they turn into warrants. The vehicle could be in impound related to a criminal charge, but it is impossible to know without knowing the full background and history. If he has a pending evading arrest in a motor vehicle case, that is a serious felony charge. The max punishment is 2-10 yrs in prison, up to a $10,000 fine. He should absolutely find a lawyer to help defend him on that case, and any other he has pending in the county or felony courts.... Read Answer

A US citizen spouse can sponsor her foreign national spouse for a green card provided that the foreign national entered the country with permission. If the foreign national spouse entered the country without a visa, it is much more complicated to obtain lawful permanent residency. You should consult with counsel in a private phone call to discuss your case in any state for possible representation.     ... Read Answer

A US citizen or a green card holder can act as a joint financial sponsor for the US citizen spouse who is sponsoring his foreign national spouse or fiancé. This is accomplished by filing an 864 form accompanied by your tax returns and a declaration of how much you have made in the last three years. If the foreign national goes on public benefits, then you would be responsible to reimburse the government.... Read Answer