Virginia Recent Legal Answers from Lawyers

You can check the Virginia statewide case information system to see if a case has been filed.  Only Fairfax and Alexandria Circuit Courts are not included.  Just select your county and click Civil and put in your name to search for any cases filed against you.    Here is the link: https://eapps.courts.state.va.us/CJISWeb/circuit.jsp... Read More

As with most cases involving written contracts, it is impossible to give a definite answer without reviewing the contract terms. That being said, you will likely need to find a commercial litigator to help you try and recover monies from the contractor (or his company, if you had an agreement with his company as opposed to him individually). Your lawyer may be able to get the contractor to be more responsive that you have been, but there is never a guarantee that will be the case. Depending on the amount owed, you may be able to file a warrant in debt in general district court in Virginia, which is usually a faster and cheaper process than filing in circuit court. But, in most cases, the amount at issue has to be less than $25,000.  If the contractor files bankruptcy then you would have to file your claim as a creditor in the bankruptcy proceeding.  Best of luck to you in finding a resolution. ... Read More

As the H-4 application was receipted, that means that the application will begin to go through processing, and there is a good likelihood that the I-765 will not be adjudicated with the H-4 since they are now separated. The best that you can do in my opinion is to send the I-765 application back in ASAP with a copy of the H-4 receipt notice and complete documentation. I say complete documentation because some individuals only submit one document to cover both applications, but these are separate applications requiring separate sets of documentation. Please read the instructions if you have not already done so. 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

In a shoplifting situation for naturalization, USCIS asks for final disposition and the arrest record. I note that some officers may be satisfied with a certified copy of the final disposition. 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

Yes. If son died with a small estate, in most states you don't have to file a probate. You simply fill out a small estate affidavit and that will entitle the family member to cash his check. It's unclear where he died as you refer to both Texas and Virginia in your post. The state where he died will be the state affidavit that you need. Below is the Virginia state affidavit.  https://www.pwcva.gov/assets/documents/circuit/12874.pdf  ... Read More

Generally speaking, individuals cannot change their names legally in the US without going through a state court proceeding or as part of the naturalization process. That being said, USCIS has also said that it will allow an applicant to use and put the spouse’s last name as the applicant’s last name in a marriage based case. I do not know whether it will work, but if you are in a marriage-based immigration case, you may try by keeping your first name as your first name and your husband’s last name as your last name. Under other names used, you should put down the name as stated on your US nonimmigrant visa papers. 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 understand this is a stressful situation. Southwest Virginia Legal Aid Society (SVLAS) offers free legal services in civil cases, including Social Security disability appeals. They may be able to represent you in your case. You can also consider consulting a private attorney specializing in Social Security disability. While there may be a cost involved, they can provide expert guidance throughout the appeal process. Although we are not based in Virginia, however we do have partnerships with Document Preperation Services that can help you in navigating the process and understand your situation. Service like this they charge $250.00 If you are able to spend this amount than feel free to reach out to me so that I can give you the referral. If not you can try the legal aid society i mentioned above as well. But I think paid service is better alternative than a free service.... Read More

The first thing I would do (if you haven't already done so) is to place a security freeze on your credit reports to make sure additional accounts aren't taken out in your name. I would also make sure you change your passwords on all accounts. You should also file a police report and also file a FTC Fraud Affidavit as there are some parts of this that may be able to be handled by law enforcement. You may also want to reach out to the FBI.  I would then work on pulling your credit reports to review which fraudulent accounts are reporting on your credit reports. You should be able to access your Experian, Equifax, and Trans Union credit reports for free once per year. There are also other credit reporting agencies that you can pull reports from. Here is a link to a list: https://files.consumerfinance.gov/f/documents/cfpb_consumer-reporting-companies-list_2023.pdf From there, you'll want to work on disputing the fraudulent information with each of the credit reporting agencies to have them work on taking these fraudulent accounts off of your credit reports.  You can also reach out to a consumer protection attorney. Many offer free consultations. ... Read More

Your brother-in-law taking financial assistance from the government for an emergency appendectomy will have no effect upon an application for political asylum. While an individual or individuals giving an I-134 affidavit of support have agreed to cover expenses by the parolee, there is currently very little enforcement to recoup monies back from an I-134 sponsor given the time and money required to pursue the affiants along with the political unpopularity of doing so. 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

Everyone is unfortunately in the same boat and visa availability dates cannot be advanced for any one person or groups of people. Currently visa availability under the final action dates chart of the visa bulletin for the month of March 2023 is open for those who filed petitions prior to March 22, 2007, except for those born in India and Mexico, who must wait longer. 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

It is possible, but odds are not in your favor, and the decision on whether to issue F-1 visas would be in the discretion of the consular officer. There is a presumption that the daughters are intending to immigrate, and that is a significant blockage to approval of such visas, especially as the length of time required for them to immigrate is not long as, for example, in the case of sibling petitions where the waiting time is approximately 15 years and consular officers are generally willing to give nonimmigrant visas during the pendency of the cases. Good luck if you decide to move forward! 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

Typically, jurisdiction will not lie for a divorce action unless one or both of the parties have resided in that state for six months. You should contact an attorney in your previous state about the possibility of commencing action there presently. It would depend on the law of that jurisdiction. As far as your immigration case, if it's still pending adjustment of status, you should contact Uscis and tell them that you are canceling your sponsorship. If your husband already has his green card, then if he has a two-year card, there will be a second interview, but if he has a 10 year card then it's going to be very difficult to revoke that based upon your allegations of marriage fraud. ... Read More