Texas Recent Legal Answers from Lawyers

It would affect you insofar as your required income level to support an immigrant would increase because your household size is bigger after marriage. In order to determine what income is required to support a foreign national, you need to look at the poverty income guidelines for Uscis by doing a Google search.... Read More

If the court awards you attorney’s fees in your enforcement case, that award generally covers the actual fees and expenses your attorney earned, not any unused portion of your retainer. A retainer is money you’ve already paid in advance for future work — and any part your attorney doesn’t use must be refunded directly to you once your case is finished. So, if your lawyer bills less than the retainer amount, you’ll get that unused balance back from your attorney. The court’s reimbursement order would apply to what you actually paid or owe for completed legal services, not funds still sitting in trust. When your case concludes, ask your lawyer for a final billing statement showing what was earned, what’s left of the retainer, and whether any court-awarded fees have been applied. That ensures you’re properly reimbursed and the accounting is transparent under Texas law.... Read More

Unfortunately, even if your doctor marked you as permanently exempt, many Texas counties don’t automatically remove people from the jury-duty pool. The local jury administration office or county clerk typically controls the master jury list, and the medical exemption form only applies to the specific summons you received, not future ones. That’s why you keep getting new notices. To reduce the chances of being summoned again, contact your county’s jury services department directly (their number should be on your summons). Ask them to keep your doctor’s note and to flag your record for permanent exemption under Texas Government Code § 62.109, which allows exemption for physical or mental impairments that make jury service impossible or very difficult. If the clerk won’t honor the permanent exemption, you may need to resubmit the form each time you’re called. It’s frustrating, but you’re not being singled out—the system doesn’t always update automatically. Keeping a copy of your doctor’s letter on file will make the process easier each time.... Read More

If the only reason you are wearing an ankle monitor is because you were ordered to as a condition of bond, and then the case was dismissed, all bond conditions are no longer in force. Although I don't foresee how the judge would still have any authority over you if you were to cut off your monitor, why risk it? Call your attorney, bail bondsman, and/or bond officer and ask when you can get it off. It should be immediately, but why cause trouble for yourself if there is something you are not aware of and you cut it off prematurely? ... Read More

Good question. The issue is whether his right to a speedy trial has been violated. Your dad should consult his attorney about whether he wants to file a motion to dismiss for violation of his right to a speedy trial.  The seminal case on point is Barker v. Wingo. There are four main factors a judge looks at to determine if someone's right to a speedy trial has been violated. First is the amount of time that has passed. Typically 8 months is the minimum.  Second, has your dad requested a trial? Third, what is the cause of the delay? Is the State ready to proceed to trial? Has your dad wanted to go to trial? Fourth, what is the prejudice that your dad has suffered as a result of the very long delay? All four factors are important but no single factor is dispositive. Courts are hesitant to grant speedy trial motions, but if your dad has been prejudiced and the State has not been ready for trial, then it is definitely an avenue worth pursuing.... Read More

A L-2 S has open-market employment and as long as the work is legal, is not precluded by federal immigration law from working on a W-2 and also beginning a startup LLC. We do not profess to know Texas state law and so cannot give you any advice there. We do not see any negative impact of this arrangement when you travel or when applying for a visa renewal. 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

A U.S. citizen may petition for a sibling to obtain a green card; however, the wait time for this category is approximately 14 years due to visa backlogs. If you’ve been in the United States for 40 years without lawful status, you likely would not qualify for adjustment of status—even if your priority date becomes current—because eligibility requires that the beneficiary has not accrued unlawful presence. Based on this, it appears there may not be a viable path to lawful permanent residency through a sibling petition.     ... Read More

I would not go back. It sounds like you were given a Criminal Trespass Warning (CTW). These warnings are usually indefinite, meaning you can never go back to that location (or possibly all locations of that store depending on what the CTW says. Sometimes the warnings only last a year or two, but the police typically give you a piece of paper stating the location, the date and time of the CTW, and how long it lasts.  If you were given a CTW and the police catch you on the premises again, you could be arrested for a class b misdemeanor of Criminal Trespass. It is not worth the risk, whether you are shopping legitimately or not, you are not allowed to be there. I would shop somewhere else.  ... Read More

I'm sorry to hear about your pregnant wife. I hope you were able to bond her out of jail immediately. Simply driving a stolen car is not a crime in and of itself. The State must prove either that she stole the car, or that she knew she did not have the owner's permission to drive teh car. The two most common charges I see from what you described are Theft of Property and Unauthorized Use of a Motor Vehicle. In order to prove theft, the State has to show that your wife took the car without permission, not simply that she was found after the theft driving the car. You will have to look at when the car was stolen compared to when she was found driving the car. Was there any evidence she took the car? Also, the degree misdemeanor or felony it will be depends on the value of the car. If the car has a fair market value of $2,500 to $30,000, then it will be a state jail felony. If it cost more than that, then it will be increased to a third degree felony. If the car is cheap and doesn't cost more than $2,500, then it would only be a misdemeanor theft. More likely than not, the State would charge her with Unauthorized Use of a Motor Vehicle. This is a state jail felony where the State has to prove that your wife KNEW she did not have the owner's consent to drive the car. These cases are very case specific. What she said to the police will be very important. Who owns the car? When was the car stolen? How did she obtain the keys to the car? Is there any evidence the ignition was tampered with? These and similar questions must be answered to see if the State can prove beyond a reasonable doubt that she knew she did not have permission to drive the car. If the State cannot prove she did not know she did not have permission, it is possible to get the case No Billed by the grand jury. Best of luck!... Read More

There probably would be no gift tax, even though a return would be required, as the current exemption amont is about 3.9 million. However, when you sell the house, there may be substantial capital gains tax as your cost basis is what your father paid for the house. If you inherited the house you would get a cost basis of the fair market value at the date of his death. You might want to consider a transfer on death deed, and/or a homestead qualifying trust.... Read More

As you know, there are two charts to the monthly visa bulletin, Dates for Filing and Final Action Dates. For the month of June, the dates for filing chart for adjustment of status applications is available for those whose priority dates are prior to February 1, 2025, as USCIS is using that chart in this month. With reference to your questions, you would be able to file I-130/I-485 concurrently if the chart read “C” or current, which is not the case. You would have to file the I-130 form first, and then when the priority date is reached, you can file the I-485 while the I-130 petition is still pending. You do not have to wait for the I-130 to be approved before filing the I-485. 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

If you are a U.S. citizen, you can sponsor your wife-to-be for a green card, as long as she entered the country with permission. If she is now in overstay status, this typically won’t be a problem. It’s important to work with an attorney to ensure all paperwork is filed correctly to avoid mistakes. A reasonable flat fee for this process should not exceed $2,500—anything higher may be excessive. You can retain an immigration attorney from anywhere in the U.S., as they handle cases nationwide and globally. When will you turn 18? ... Read More

It is always faster filing for a spouse as a U.S. citizen so I will ask how long have you had your Green Card? Are you almost at the point where you could file for Citizenship? Generally an I-130 needs to be approved first and your priority date needs to be current before I-485 can be adjudicated - I recommend you seek assistance from a licensed attorney in order to prevent delays.... Read More

The wording of the settlement agreement will be important - if the settlement is for less than the full amount of the debt then the original creditor may have the right to collect the balance UNLESS your agreement states that the settlement is in exchange for  "full, unconditional release from thedebt without recourse".  I have represented debtors and creditors in hundreds of collection matters and, frankly, you can trust the debt collectors about as much as you can lift a Buick with one hand.  Before agreeing on anything and signing or making payment I recommend having a local attorney who has experience in settlements review your paperwork or you could be surprised by a new claim for the balance down the road.  Even if you "do-it-yourself" be sure to document the creditor name, account number, amounts and dates.  If you were to get another collection attempt you write back that on March 32, 2025 I paid Joe's Collections $467 for account #123456789 - that could be enough to get then off your back and in court they would need to prove that you still owe what they say you owe.... Read More

You could hire an attorney. Assault on a peace officer is a third degree felony. If convicted it is 2 to 10 years in prison and a fine up to $10,000. If he was hospitalized around when the time it happened, he may have a defense. The intent element can be challeneged if he was medicated or undergoing a medical emergency.   Tristan LeGrande... Read More

The burden to prove negligence in prison assault cases is to establish that the prison staff was on actual or constructive notice that your son was at risk of being attacked but they were deliberately indifferent in taking measures to stop said attack. If your son can establish these facts he has a viable case against the correctional facility. ... Read More

Unfortunately, a US visitor visa is automatically revoked once the visa holder violates nonimmigrant status while in the US, even by two days. The parents could encounter a problem in entering the US with the same visas in the future. It is safer to apply for visas again explaining the circumstances of what happened. 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