Virginia Recent Legal Answers from Lawyers

If you had a workers Compensation Injury, then you may have a medical award for this injury. Since your Injury was In February 2016, you only have two years to get this award. If you don’t know if you have an award contact the Virginia Workers Compensation Commission at 1-877-664-2566. If you have an award, then you should file a claim under that award for the medical care you require. If you do not have an award then you need to file a claim to get an award and for the medical care you require. You do need to attach a medical note from a doctor stating the medical care you require for this accident. The Commission will then send a notice to your employer’s Insurance carrier asking if they will provide the requested medical care. It would be wise to consult with an “experienced” workers compensation lawyer about your claim. I have been doing this for over 35 years.... Read Answer

She can apply for a visitor visa, but if her intent is to marry you then it would be advisable to petition her for a fiancé visa. If she enters the country and later gets married to you then the immigration officer may ask some tough questions about her preconceived intent. It’s best to let an immigration lawyer assist you both in this process. ... Read Answer

If your cousin executed a new will prior to death, normally that is the will that would be followed.  However, if the relative that filed the old will is contesting the new will, you may have to litigate to have the court determine if the new will was executed under duress.  You should contact an attorney and provide copies of both wills so that you can get more specific answers.... Read Answer

Owning a house and property or having money in the bank may help, but on the house alone, that would depend upon the equity in the house. There is no fixed amount on equity in a house, but the higher the better as a house is not a liquid asset and where would you stay if you sold the house to meet the obligations of financial support. On other property, that would depend on the value of the property, and whether it could be easily disposed to meet your obligation of support. Assuming that you are alone and have no other support obligations to anyone else, the amount of money in the bank would likely be a little north of $100,000, 5X the yearly support level for a family of 2. Also a consular officer might be interested to see how long the money has actually sat in your account. Having home and property and bank account would lessen the amount needed from each individual asset.  A suggestion is that you may decide (in lieu of the above) to seek out a cosponsor who will be able to provide the necessary support for your fiancé not only for the visa, but for the permanent residence application which will soon follow.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

I do not believe that there is a good chance that you will be allowed to obtained a student visa under the circumstances that you have described. A student visa is one that requires nonimmigrant intent, and the fact of your having worked on your last visit would give many consular officers doubt as to whether you could be trusted not to work or attempt to remain permanently in the US if you had a student visa. In addition, you are under a five-year bar which would require a waiver by U.S.C.I.S. following a consular recommendation that a waiver be approved. If you decide to do it, you would apply for a student visa, be denied, and hopefully given the opportunity by the consular officer to apply for a temporary waiver of the five year bar.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

Anybody can sue anybody for anything.  If your story is believed by the Court, I think you would prevail in your lawsuit for breah of contract and possibly other statutory violations regarding providing habitable accomodations.  However, depending on the circumstances you may have to sue in the jurisdiction where the hotel is located).  Also, there is no guarantee (particularly without any evidence other than your testimony - did you take photos?) that the Court will not believe the hotel's side of the story.... Read Answer

You are correct that if you cannot get the father to sign off on obtaining the passport then you need to have sole cusotdy in order to get the passport for your child.  You will have to provide legal notice to the father of your intent to seek custody and he will have the opportunity for a heairng.  If you do not know where the father is you can accomplish legal notice by publication in the newspaper.... Read Answer

While your charge is technically not eligible for expungment under the law, I have seen judges allow it in rare cases such as yours.  The Virginia Code allows for expungment of arrest records and charges, not actual convictions.  It is intended for those who were actually innocent.  Since you were convicted you are assumed to not be innocent.  Also, while juvenile records are expunged automatically after 5 years, unfortunately since you were over 18 this is part of your permanent record.  Because of the sympathetic facts of your situation if you get a really nice judge on a good day they may take some pity on you and grant the expungment, even though the code does not authorize them to do that.  If you get a by-the-book judge who feels constrained by the rule of law then they will probably deny it on the grounds that they don't have the authority to grant it, especially if you get a prosecutor who objects to it.... Read Answer

It depends on what the charges were.  If he has been convicted of a felony or a crime of moral turpitude (that is a crime involving lying, cheating, or stealing) then that will put his honesty into question and you bring that up on cross-examination.  It does not mean he is lying, but it is something that the judge or jury can consider in weighing his credibility.  However, if his charges are still pending then you cannot use them against him, as he is innocent until proven guilty.  Of course, if you have been charged with a crime you definitely should have a lawyer and your lawyer should know all of this.... Read Answer

That's an interesting question.  Ordinarily, even if the child was born prior to the marriage the act of marrying "legitimizes" the birth and it is considered a child of the marriage.  I think if you were saying that the child is NOT your husband's child then it would be different, but it seems you are acknowledgin that it is your husband's child, even if no paternity test has been done.  It's something you could try to argue to the judge, but is it worth it?  You could go through the time and expense of filing for divorce only to have your case dismissed and have to wait another six months if the judge doesn't buy your position.  I'm honestly not sure if anyone has tried to argue this before.  In any event, you would need a written property settlement agreement that resolves any issues beteween you in order to file a diovrce after a six month separation.  Have you and your husband resolved all issues?  If not, then this question is moot.  I'm leaning toward thinking you have a valid argument, but I would still recommend waiting until you have a one year separation rather than risk it. ... Read Answer

Yes, absolutely. In Virginia, all that is required to maintain a cause of action for defamation is (a) publication (b) of an actionable statement (c) with the requisite intent. (See https://www.virginiadefamationlawyer.com/2013/02/defamation-of-character-libel-and-slander-law-in-virginia.html). If a former employer poses as a customer and posts a false review containing highly damaging statements about your business, there is a good chance that all three of those elements have been satisfied.... Read Answer

It appears from your description of the incident in February 2017 you have a Virginia Workers' Compensation claim. It does not appear you have a personal injury claim. You should contact an experienced Virginia Workers' Compensation lawyer to review your claim. If you had a post concussioni syndrome from this  accident, then your case should be reviewed by a neurologist. I have been representing claimants for 35 years. You can call me at (804) 358-4766. ... Read Answer

If you can prove that you are a half-owner of the boat, you have a case, but without any documentation (and presumably title and other documents showing another party owning the entire boat), there is no guarantee that the Judge or jury will believe you rather than the other party.  You say that about 10 family members know that you paid half, but you don't say how they know.  If they have personal knowledge (i.e. not based on what they were told), or if the other party admitted it to them, there testimony can help (they will have to go to court), but if they only know what you told them, their testimony would probably be inadmissible hearsay.... Read Answer

You may file an I-130 Immediate Relative (marriage-based) Permanent Residency petition from TN status, however, certain there are certain considerations concerning travel abroad and potential timing considerations depending on when your TN status expires. If you would like our assistance, please contact our office. Thank you.... Read Answer

My first inclination was to tell you to get out of there, get away from him and be safe - but my friend who works in county resources said that this can be the most dangerous time - when you threaten to leave or actually leave.  So you need to have a plan in place first.  Please call 211 for statewide info and referrals.  They may be able to help you find a safe shelter for women and children in your area.  Also check out http://www.vsdvalliance.org/ for domestic violence resources.  Be strong and remember that he may sweet talk you sometimes, but he's still an abuser.  That's what they do.  He could be great 99% of the time, but if he hits you once that is too much.  You deserve better.  Your kids deserve better.  And he will be required to pay you support under the law, so his threats to cut you off are empty.  It won't be easy, but you can do this.  Don't wait until he hurts you worse.  It is true that with no marks it could be very difficult to get a protective order or bring cirminal assault charges, but you can still make a plan and get out.... Read Answer

The next step is collecting on the judgment, which typically involves garnishing wages and bank accounts.  If you don't have the information about where they work or bank you can summons them to court to answer debtor interroagories, which is basically just you asking them any questions for this information.  You can also file your judgment with land records to put a lien on any real estate they might own and it's possible to seize any items of value they might have.  You may want to hire a collections lawyer to help you out with this.... Read Answer