Texas Recent Legal Answers from Lawyers

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

Once criminal charges have been filed, the only way you can remove them is by filing a petition for expunction, and obtain an order expunging the criminal history information. If you want to accomplish removal of this info, this is how you can do it. It will cost you about 4 hrs of an attorneys time, plus the filing fee charges by the clerk. It takes 3-6 months to complete. Lawsuits are usually filed two ways: retainer agrements, and contingent fee agreements. You certainly can find an attorney to file a defamation suit for you if you pay a retainer fee (usually 10-15 hrs or more of the hourly rate up front), and then the attorney bills against that until its depleted, then sends you a bill to refill the retainer. If you can afford it, you absolutely can find a lawyer this way. But you will be extremly unlikely to find a lawyer to file a lawsuit for defamation for you on a contingency fee agreement. This type of fee structure means the attorney fronts all the costs for litigation, only getring paid out of a settlement or judgment in the case. The reason? Defamation cases are difficult to prove. In a dismissed criminal charge case, you'd have to prove they intended to file false charges knowing they were false. Damages are hard to prove as well. For those reasons, you are probably not going to find an attorney to file your lawsuit hoping to get paid down the road. If you want it off your record, hire an attorney to help you get it expunged.... Read More

A US citizen over the age of 21 can sponsor their stepmother for her green card, provided that the marriage of the stepmother and your biological father occurred before your 18th birthday. Additionally, your step brother could apply for a student visa snd later on his mom could  sponsor him through adjustment of status for his green card after she gets her card. This is the general rule And may not apply to your situation. You need to contact counsel in a private phone call to discuss all the facts and unique circumstances the relate to your case.         ... Read More

Whether you can file for I-485 and I-765 once you have your I-130 petition approved depends upon whether there is immediate visa availability. If you are a child under the age of 21 and unmarried of a lawful permanent resident, you would generally be able to file for I- 485/I-765 if inspected and admitted or paroled and in addition have maintained status under the LPR sponsorship. However, if you are in the other categories, you would have to check the visa charts to see whether your priority date has been passed and the visa available in order that you can file. In checking the visa charts, you would also have to look at the USCIS acceptance chart to see whether it will accept either the “final action dates” or “filing dates” chart on the monthly visa bulletin for purposes of allowing adjustment of status filings. If able to file both forms, current processing time for I-485's is generally a little less than a year on a nationwide average and for I-765 3-6 months. 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 More