Virginia Recent Legal Answers from Lawyers

Unfortunately, in cases with DSS,  parents, and relatives are usually at a disadvantage.  DSS has a myriad of resources and often makes decisions that may negatively impact the interest of the family.  It is critical that you contact DSS and let them know that you are interested in adoption if that is an option.  The law requires that DSS try to rehabilitate the parent or correct the problem before terminating parental rights.  If they are seeking to terminate the rights of the parent(s), this may suggest that the case has been going on for more than 6 months.  If this is the case, you may wish to file a custody petition, which will give you a legal basis to contest the actions of DSS. If you do not have a petition pending, you do not have standing or the right to challenge the actions of DSS. The nature of these cases is too complex to discuss in a blog.  I suggest that you invest in meeting with a family lawyer to discuss this matter in greater detail. Lawyers charge by the hour for consultations, so please be prepared to discuss fees upfront to avoid misunderstandings.  Finally, you need to act quickly to avoid losing the right to intervene in the case.   You are facing an uphill battle but the outcome will hinge on the law, as applied to the facts in your case.  Best of luck~... Read More

The short answer to your inquiry is NO.  When you file bankruptcy, you must list ALL debts and ALL property you own.  You can not focus solley upon one specific obligation.  That said, you need to look at your entire financial situation, including your income, the property you own, and whether you own the property wilth someone else, before filng for bankruptcy.  you should consult with a local bankruptcy attorney to determine if a bankruptcy filing is the right course of action for you.  ... Read More

If the problems you are ahaving are as a result of your landlord's material breach of the lease, you would not be obligated to perform your part of the lease, i.e. you can leave without penalty.  However, if the landlord disagrees, you could be in for an expensive court fight in which it is not certain that the court will agree with you.... Read More

OK so there's millions of people all over the world that want to get into the United States, and everybody has to wait their turn. The only time an expedited Request will be granted is if it's based on a family or medical emergency, like an illness or an upcoming funeral. Otherwise no family cases can be fast tracked. ... Read More

You should read the instructions on the I-130 petition for alien relative which your wife will have to file for you and the I-485 adjustment of status application that you will fill out. The forms and instructions are all online at the USCIS website, USCIS.gov. Generally, you and your wife would file the forms concurrently. You can also file with forms I-131 for travel outside the US and I-765 for employment authorization. Your wife will also have to fill out the financial sponsorship form, form I-864. The I-485 supplement is not required in your case. A medical examination on form I-693 can be taken now or presented to USCIS at the time of interview. 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

For the month of August 2021, the visa availability date for the F-4 category of US citizens filing for their siblings is up to March 1, 2007 for people from Singapore. Although visa chart time does not match calendar time, a guesstimate would be six years or so of waiting. 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

Your question is too general to be answered without knowing your qualifications and/or any connections that you may have with companies and individuals in the US. However, let me shortly describe for you the H-1B process. Most H-1B petitions begin with the employer registration process in March to winnow the number of selected companies/individuals that can file petitions. These are the petitions that are capped in number. Most petitions from this group are filed from April-June and the earliest working day for approved petitions is October 1. Non-capped petitions filed by higher educational institutions among others can be filed at any time during the year. 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 depends on the reason for the §217 refusal. If you can explain or refute the ground for refusal, you can attempt to obtain a visa at the American consulate or embassy. Otherwise, you may wish to wait for a while to establish your nonimmigrant intent and home ties in your present country of residence before approaching the American consulate or embassy for a visa. 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

The state bar should have a list of civil litigators.  You may need to file an heirship proceeding showing that you are the legal heirs and thus entitled to enforce the debt but then whoever is appointed to settle your grandfather's estate (and the debt is part of his estate) can sue the delinquent debtor, possibly evicting him from the land.... Read More

What type of case is it? Is the $1,000 a reoccurring monthly amount or a one-time payment? If this is a one-time payment, you must make a decision as to whether it is going to cost more trying to collect on the debt or if you should just let it go. If you hire a lawyer, you could easily pay more than $1,000.  Further, if the person lives out of state, you have to calculate the cost of services, together with any cost you will incur to locate the person.  Sorry, you are in this position, but trying to enforce an order is often difficult because the other person will be given an opportunity to tell his or her story and the court has to decide if there has been willful defiance of the court order.  Unfortunately, you will need an address because you must take steps to serve the person. The purpose of service is to make the individual is aware that a lawsuit is pending, so he/she can defend.   It may be worth it for you to contact an attorney in the field of your matter to discuss this issue in greater detail.  Please note that lawyers charge by the hour, therefore, you need to discuss payment before setting up a consultation to avoid any confusion.   Wishing you all the best ~... Read More

The grant or denial of support is a matter of discretion with the court.  The Judge will take into consideration your needs and your spouse's ability to pay when making a decision regarding an award of support. The court will also review all of the statutory factors, which are relevant to a spousal support determination. I suggest that you confer with an experienced family law attorney in your area to discuss this matter in greater detail.  Lawyers generally charge by the hour.  Therefore, you need to discuss fees upfront to avoid any confusion regarding payment, when scheduling your consultation.  All the best~... Read More

Unfortunately the IRS views the debt as a  joint and several liability.  In other words, they don't care who they get the money from as long as they get it.  Depending upon your financial information and the amount of taxes and penalties involved, you might try an Offer in Compromise to see if you can pay it off for less.  You could also file a civil suit against your ex for monies you paid against what you claim is his debt.   You do need a lawyer to help analyze and help you with this.... Read More

Cases are resolved by agreement or litigation.  By agreement, a settlement involves an agreement between the parties.  If the parties are unable to reach an agreement regarding disposition of assets, it will be up to the court to decide the issue.  If a party seeks to purchase the interest of the other and the value of the property is not in dispute, it is highly possible that the court will allow the buyout.  However, it is not possible to fully respond to this question without knowing all of the facts.  For example, are there issues regarding the value of the property? Is the property marital property or part marital/part separate.  Where there any pre-marital contributions to the purchase of the house? The facts in each case will control the outcome.  Therefore, in order to protect your interest you need to confer with an experienced family lawyer to discuss this matter in greater detail. Lawyers charge by the hour.  Please discuss fees in advance for an initial consultation to avoid misunderstandings.  All the best~... Read More

There seems to be some confusion here. First, authority under a PoA expires with the person who granted it. Second, only your mother could have created a Revocable Living Trust affecting her property or named successor trustees (unless the trust document allows successor trustees to name their successors). Third, a Living Will tells the doctors what your mother wants if she is near the end of life or in a permanent vegetative state. Fourth, if by "Living Will," you meant "Will," that governs only property which was not conveyed to the trust before your mother died.  There is no need to probate or share the Will with anyone if all the property was in the trust. Fifth, beneficiaries often mistakenly think that money in a trust is their money.  It is not.  It belongs to the trust and can only be distributed according to the trust document. Sixth, while many states require that the trustee provide an annual accounting to beneficiaries over a certain age, they do not usually require that the trust document itself be provided. You may want money.  The trustee is not obliged to give you any except in accordance with the trust document.... Read More