Washington Recent Legal Answers from Lawyers

If you are removed even while under a temporary stay of removal, you would be deemed inadmissible if and when your K-1 petition is approved and you attend an interview with an American consular post in Mexico. You would have to have the order of removal removed before being deemed eligible for entry into the US under the K-1 visa. 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

The beneficiary of a life insurance policy can spend it however she likes.  She is not obligated to pay for the funeral. Ordinarily the estate is responsible for the funeral costs.  If someone advances them, she can file a claim against the estate. Being a relative does not make you financially responsible.  However, if your were a beneficiary under a Will and received a distribution before the funeral was paid for, the executor may need to claw back some of the distribution to pay for the funeral.... Read Answer

If your husband has Alzheimer's, he may or may not have legal capacity to enter into a marital property agreement giving up his interest in the accounts.  He also may or may not have legal capacity to deal with them.  See a local elder lawyer about this and about the possibility of becoming community administrator or guardian/conservator with the sole right to manage those accounts.  Use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer

If you are married to a US citizen in a bona fide marriage, you and your spouse can begin the green card process and you will be able to drop out of college and remain in the US. Marriage to a US citizen places you in the immediate relative category, under which falling out a status would not make you ineligible for the green card. You would be considered in a state of grace until the I-485 adjustment of status application is decided. 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 would sue for your damages, which may or may not be the amount you paid.  For example, if it cost you $10,000 to have someone else complete the work, you would sue to recover those damages, even though you only paid this iperson $6,300.  If your contract provides that, in the event of a dispute, the losing party willl pay the prevailing party's attorneys' fees in connection with the dispute, you would sue for that as well.  However, New York law (assuming that NY law governs this transaction, which I can't tell from the facts given) does not allow punitive damges for breach of contract except in truly egregious cases, which you don't have.  I doubt that Washington law is different.  Moreover, I don't believe that small claims courts in NY have the power to award punitive damages (I don't know about Washington).... Read Answer

Im not sure of your reasons to marry if you dont plan to live together. If you plan on living in Norway, then the Immigration laws of Norway would apply. However, if you plan to marry and live separately-he in Norway and you in the USA, and just plan on him traveling to visit you here, the Immigration officer will ask him alot of questions about why he intends to visit you when the officer finds out you both are married. That will set off major red flags and may cause your future spouse to not be admnitted on a visitor visa. Consult with counsel to discuss all the facts of your situation and the goals you want to achieve. ... Read Answer

Your question is quite general and therefore difficult to answer. I suggest that you visit with an immigration lawyer who can go over each of your friends and family’s situations in order to give the best advice. 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

Unless the law in Washington is different from the jurisdictions in which I practice, you can garnish any regular income they receive, e.g. rents.  You can also cause their assets to be sold at auction to pay the judgment.  The procedures for accomplishing these collection methods differ by state, so you may have to do some research, but they are available.... Read Answer

You must go to court to enforce the court orders.  It would have been better had you sought a court injunction in the first place to prevent prudential from paying out the money, but you may still be able to compel the beneficiary to return the money if you move fast and if, in fact, your husband violated court orders by naming a different beneficiary.... Read Answer

Richard, you can request the court to issue a Temporary Custody. But your situation needs to be evaluated by an attorney. There is a possibility that you would need to retain an attorney and if you can not afford an attorney, you can represent yourself in court. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

If the woman is found to have been at fault in the accident, you can recover for the damages you suffered, including the costs of repairing your car (unless Washington has a law that an uninsured driver cannot recover any damages for an accident, which I don't know).  it is very unlikely, however, that you would be reimbursed for the espenses of the lawsuit itself, however, unless you can show tha she knew, or should have known, that her claim had no merit.... Read Answer

Anthony, Fathers Rights are protected in every state of America. What you need to do is, get a lawyer or start the paperwork yourself using a Family Law Specialist to request Joint Custody of your daughter. By doing so, you will be able to establish your rights, and the court will than enforce Fathers Rights such as equal time with the child. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

Fines?  No, it is not a criminal matter.  They would be responsible for the damages you suffered due to their breach of contract, so if it costs you an extra $500 to purchase a comparable car from someone else, they would be responsible to repay the deposit plus $500 (plus interest).  Some contracts do have clauses providing that if a party breaches they will have to pay "liquidated damages" in a specified amount, but such clauses are only enforceable if the damages are difficult to ascertain, and if there is some effort to relate the amount of the liquidated damages that the non-breaching party would suffer.  Neither condition sppears to apply here.   One clause which may help is a provision that the prevailing party in any lawsuit over the contract will be able to collect his reasonable attorneys' fees from the other side.... Read Answer

Good moral character, unfortunately, has little to do with your husband's situation.Misrepresenting oneself as a US citizen on the I-9 employment verification eligibility form has consequences if U.S.C.I.S. finds out about the misrepresentation. If done before September 30, 1996, a willful misrepresentation can be waived upon the showing of extreme hardship to a US citizen or permanent resident spouse or parent. On or after September 30, 1996, a willful misrepresentation is generally not waivable and is a ground for removal.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 will need to serve the child father to continue child support through the years of an undergrad program. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

Sorry to hear what you are going through, David. Dealing with CPS, ACS, DHS, any child services agencies is a nightmare especially when one parent has a history with them. Any future children she has will be subject to being taken at the discretion of the agencies unless she turns her case and life around. As far as you are concerned, are you listed on the child birth-certificate? If so you can get the child back from them as long as the child mother, does not have any contact with the child and or be around the child while they have an open case against her. You don't need to waste your time in thinking about constitutional rights, civil or etc. I understand your emotions, but you have to understand the situation with the child mother. Your best possible action, for now, would be to get an aggressive and competent lawyer like my firm that specializes in Child Custody and Agencies to represent and assist you.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in WA.... Read Answer

Hello, you have the right to fair and equal parenting time with the child/children. However, depending on your current situation and background with CPS, ACS, DHS etc will impact on your utilizing of rights. Of course, the courts and agencies want the child to be in a safe and comfortable environment. Therefore, if you can demonstrate such with the help of a competent and aggressive lawyer you can get what you want. When children services agencies are involved anything you do regarding your children custody, visitation, child support, or parenting time, might interfere with the agencies. You don't have to fight with the agencies alone. A knowledgeable and competent attorney can do that for you with you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in WA.... Read Answer

In your situation as I am given to understand, another company purchased the subsidiary of the holding company without making the holding company part of its company, and so the holding company is disconnected from the actual operating US and overseas offices. It seems a troubling situation, and it appears that the best option would have been for the purchasing company to make an L-1 amendment to put you in the US office or for the purchasing company to acquire the holding company. You may already be out of status, and perhaps the best option is for the purchasing company to make a late petition with explanation to change you to the subsidiary and hope that U.S.C.I.S. accepts the explanation. If not, you would have to leave the U.S. to consular process the L-1 assuming that the petition is approved. 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

Prohibiting a parent from contacting communicating with his or her children is not fair. As long as she is not life threatening towards the children you guys should allow her to see the children. The part about children being alone with her needs to be modified based on the facts you have provided. This can be done through modification petition in court. So you will ask the judge to grant her supervised parenting time that she will stick with. Instead of giving her a flexible schedule give her a limited fixed schedules that you know and think that she wouldn’t be able to miss. You guys can try to be flexible with her this year if after doing what I suggested does not improve the situation and or it gets worsen you guys can take more stricter measures to cancel parenting time until she seeks help. I would love to work with you guys on this case. Feel free to review my profile to learn a bit more about myself, I usually travel states to states on a case by case based. If you would like to work with me I would be happy to. Reach out via the contact form to tell me more about the case via phone.... Read Answer