Virginia Recent Legal Answers from Lawyers

If you were your aunt's child, you might have an argument that she would have included you, along with her other children, and that you should be included as a "pretermitted child."  As a niece, you are very, very unlikely to prevail.  In addition, contesting the Will might cost you more than you would inherit if you did prevail.... Read Answer

I would suggest that you start the process now. It can sometimes take up to 2 years for approval.  Feel free to reach out if you have any questions.    Sincerely,   Attorney Bocchio, Esq President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com     ... Read Answer

For an adjustment of status to permanent residence in the States, all notifications will have to be done by you to Social Security and to your employer. U.S.C.I.S. does not send out automatic notifications.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

You should work with an Immigration attorney who can enter an appearance on behalf of you and your spouse in order to process the case from start to finish so that no delays or no snags occur. If you are a US citizen sponsoring your foreign born spouse through consular processing, it takes about a year or a little less. Counsel anywhere in the USA can help you.... Read Answer

Your question cannot be answered in this forum.  Lawyers.com offers general information, not legal advice.  Legal advice is based on the specific facts in your case, as applicable to the governing law.  If you are contemplating a divorce, I suggest that you arrange to meet with an experienced family lawyer in your area to discuss all of these issues in greater details. The question of whether you are entitled to child and or spousal support will depend on the facts in your case.  If you have shared custody or split custody, that will impact the support amount. If there are fault grounds that may impact spousal support. How much money is in the savings account? If there are 3 children, I cannot imagine any set of circumstances in which he would be relieved of his support obligations for three children by simply offering you the money in the savings account, unless we are looking at a sizeable savings account that is sufficient to support three children until they reach the age of majority.  In order to protect your interest, I suggest that you contact a family lawyer in your area.  You need to be prepared to pay the consultation fee, which is usually calculated based on a lawyer's hourly rate. Make sure you work out the payment details in advance to void any misunderstandings.  Best of luck~... Read Answer

Your question cannot be answered in this forum, as more information is required.  For example, 1) who is the custodial parent? 2) why is the ex-husband allowing his girlfriend to abuse the child? 3) How did the mother become aware of these allegations? 4) How old is the child?)  5) What if anything has the mother done to address these concerns? 6) How often does the child see the father? 7) Is there a valid court order in place? 8) If so, when was the order entered? 9) Was the order by agreement or did the court order the current arrangement?  This is only a few of the many questions that need to be addressed before moving forward.  I suggest that you arrange to meet with a lawyer family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour.  Therefore, make sure you ask the lawyer his or her hourly rate to avoid any misunderstandings about payment. Best of luck~... Read Answer

I suggest that your friend call around to see if she can make an appointment with someone who will not require a retainer. She needs to be in a position to pay a consultation fee.  If she has a valid credit card, this may be sufficient to start the process, as some lawyers will require a client to have a valid credit card on file to cover expenses.  Others may be willing to establish a payment plan.  Once the case is filed in court, she will have other options.  For example, a litigant can seek separate maintenance or other forms of temporary support, if the parties are living separately. If she is able to pay for an initial consultation, which is usually billed at a lawyer's hourly rate, she may be pleasantly surprised at the options that are available.  Best of luck~... Read Answer

Your suit would robably be dismissed, at least if the law in Virginia is the same as where I practice, where only those who were in the zone of danger from the action have standing to sue for negligent infliction of emotional distress.  Also, while the sttacket certainly acted wrongly, you haven’t written anything to suggest that the property acted wrongfully or negligently towards you. ... Read Answer

It is probably a better idea to have the old case withdrawn before putting in the new I-130 for your  new wife. It takes U.S.C.I.S. approximately 2 months to acknowledge and take action on  a withdrawal request. 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

Unfortunately without a little more information it is difficult to answer that question.  The broad answer is that when someone is arrested, the magistrate assesses whether they are a candidate for bond/bail.  That is dependent on the charge, their record, and the law.  If the magistrate denies bail then an attorney representing them can file for a bond hearing in the appropriate court.  ... Read Answer

While any surgery contains risks, the only way to know for sure if these injuries were caused by negligence is to have another doctor who is an expert in this field evaluate your daughter and give you their opinion.  An expert opinion is the first thing that is needed in any medical malpractice case, so if you have not already done so that's a good place to start.  Once you do that then attorneys will be much more interested in talking with you about the case.... Read Answer

Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  Legal advice is based upon the specific facts in your case, as applied to the applicable law governing the issues at hand. I strongly suggest that the mother of the child contact a lawyer, ASAP, to discuss this matter in greater details.  Lawyers charge by the hours; therefore, she needs to verify the cost of the consultation before setting up an appointment.   Best of luck~... Read Answer

Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  The specific facts in the case will dictate the type of legal advice offered by an attorney during an office consult.  The grant or denial of an annulment is purely statutory.  It has been my experience that is may be more expensive to pursue an annulment than a traditional divorce. If the Wife is alleging "fraud" as a basis for the relief sought, she must be able to prove this allegation with specificity.  It is often very difficult to prove "fraud" because it will be his word against hers unless there are credible witnesses, evidence, etc., Further, if she is unable to prove facts supporting the claim in the complaint, the court may dismiss the petition.  If the court dismisses the claim, the couple will still have to secure a divorce.  I suggest that your friend confers with an experienced family lawyer in his area to discuss this matter in greater details.  Lawyers charge by the hour; therefore, he needs to discuss the cost of consultation before setting up an appointment. Best of luck~... Read Answer

If I understand the situation correctly, you were most likely violated for getting new convictions. Also on known as a "condition 1" violation, aka Failure to Be of Good Behavior. A condition 1 violation does not use the sentencing guidelines so the Judge has full discretion in deciding how much time to give you back.  ... Read Answer

Whether you can obtain an H-1B visa may depend upon your ability to have a cap-exempt organization sponsor you and whether you qualify for the H-1B’s requirement of the position being a specialty occupation by virtue of your education or a combination of your education and prior experience. There are 4 types of cap-exempt organizations – institutions of higher education, nonprofit organizations related to institutions of higher education, nonprofit research organizations, and government research organizations. If you wish to go to school instead and apply for a student visa, you can obtain an I-20 from the selected school and either take it back with you to India to interview for a student visa at the U. S. Consulate or Embassy, or attempt to change status in the U. S. I note that changes of status to student are taking an inordinate amount of time, that B visitors must maintain their B statuses regardless of how long the adjudication takes, and that U.S.C.I.S. takes a dim view of individuals who attempt to do anything at variance with the B status purpose during the first 90 days of stay in the U. S. 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

It depends on how long you have been living where you are now located.  If you have been there 6 months or more, you can file a Petition for custody with the court in that jurisdiction.  They will have rules on how you have to serve your husband in jail.  If you have been in the state you are in now for less than 6 months, you will need to file a petition for custody in the court where you were living previously.... Read Answer