Washington Recent Legal Answers from Lawyers

Generally speaking, where an individual is not a US citizen by birth, he or she can acquire US citizenship through the Child Citizenship Act which came into effect on February 27, 2001, if the parent is a US citizen; the child was under the age of 18 and a permanent resident; and the child was in the legal and physical custody of the US citizen parent. Another way of attaining US citizenship under the Child Citizenship Act occurs if the parent is a US citizen; the child is under 18; the child is in the legal and physical custody of the US citizen parent outside the US, is in the US temporarily on a lawful admission, and is maintaining status; and the parent or grandparent has been physically in the US for five years at least two of which occurred after the age of 14. You had to have been under the age of 18 on the date of the law came into effect. 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

If you are enrolled in a debt consolidation program check your paperwork carefully because some programs include legal defense for these sorts of suits as part of your monthly program fee.  Qhether you know if you havethat coberage or not you should forward the summons to the program account rep because even if that's not part of your program fee they will likely be able to refer you to the proper attorney to defend you.  Just don't do nothing at all because if you do not respond at all the creditor/collector could win automatically then you have a judgment on your record not just a delinquency or default.... Read Answer

I assume that you are outside the United States under the AP. Just because a priority date becomes current does not mean that your case will automatically be reached for adjudication by USCIS. However, in the event that it is, the agency may approve the I-485 application while you are abroad, give another RFE, or if there are reasons for doing so, deny the I-485. In the event that you are returning under the advance parole and USCIS has approved your case but has not yet issued the card, you can show the advance parole and I-485 approval sheet to the immigration inspector at the port of entry. 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 Answer

Yes, your mom may have a valid case if she can show the restaurant’s negligence caused her slip and fall. State law doesn’t impose strict liability for injuries on business premises—you must prove the restaurant knew or should have known about the dangerous condition and failed to fix it or warn customers. Evidence like surveillance footage, incident reports, or witness statements can help establish fault.     ... Read Answer

Requirements for your wife to obtain a H-4 EAD is that you are both in valid H-1B/H-4 status and that you have an I-140 approval. Once you have the I-140 approval, your wife should be able to make an application for employment authorization. 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 Answer

It's unclear whether you have an attorney to represent you in this matter. Insurance companies do not take unrepresented party seriously. If you want to maximize your recovery, retain an attorney on contingency fee, which means you pay nothing unless you win. If you cannot find an attorney to take your case, then you can reach out to one of us privately on this website to help you find an attorney who will.     ... Read Answer

OK, so currently there are dozens of grounds of inadmissibility that an immigrant would apply for a waiver for. You did not indicate what ground he is deemed inadmissible by Uscis. Ultimately, if there is any ground of inadmissibility, a waiver would need to be filed and the burden is on you to prove that if the immigrant spouse was not allowed back in the country for permanent residency, then you would suffer extreme hardship. ... Read Answer

No. If you were sentenced in September of 2024 then you are past the 30 day time allowed in Washington for an appeal to be filed.  In addition, it is very unusual in Washington for someone to go through a DUI prosecution without having counsel. In almost every case where someone ends up pro se, representing themselves, the court ensures that the defendant clearly waives their right to an attorney. Assuming that you waived your right to an attorney, rather than hiring one or having one appoointed for you, your right to appeal that would have been difficult.  As an aside, after being found guilty of reckless driving, courts in Washington always order a substance abuse evaluation and require you to follow the recomended treatment. ... Read Answer

So if the marriage in Mexico is recognized as valid under Mexican law, then the United States family laws will also recognize that marriage as valid. Accordingly, if you do not get divorced from your spouse in Mexico, and get married in America, then that would be committing the crime of bigamy. You should obtain legal counsel in the United States and file for divorce in a US court, and have your wife served overseas. Since you have residency in the United States, then the courts here technically have jurisdiction to issue a divorce decree despite that your spouse is overseas. ... Read Answer

No, if the cause of the accident was because you were under the influence of alcohol. It would be a stretch to establish that your wreck was caused by a chokehold that happened in a bar fight and not because you were under the influence of alcohol. Of course, all of this would turn on the medical evidence.    ... Read Answer

Yes, if you can prove that the bar establishment was negligent in not having security and that if they had security that this could've been prevented. You should retain a personal injury attorney in your jurisdiction for representation on contingency fee. Most taverns and bars have what's called limited coverage for bar fights. This means that there is only a certain amount usually $25,000 or $50,000 maximum that covers these types of injuries.   ... Read Answer

 Hire and attorney to do something similar to the following: 1. Copyright Protection for Original Content: Register the Copyright: Copyright protects the creative elements of your game, including written content, artwork, rules text, and character or story elements (as long as they aren’t purely functional). You can file for copyright with the U.S. Copyright Office to protect your written material, illustrations, and the overall book or game manual. Copyright Notice: Add a copyright notice (e.g., “© [Year] [Your Name/Company Name]”) on the game materials to make ownership and protection clear. 2. Trademark Registration for Branding: Register the Game’s Name and Logo: Trademarks protect the name of your game, any logos, and possibly character or faction names if they are uniquely tied to your game brand. This prevents others from using similar names or logos in connection with similar products. File with the USPTO: File a trademark application with the U.S. Patent and Trademark Office (USPTO) for the name of the game, the series title (if applicable), and any distinct logos. 3. Open Game License (OGL) Setup: Define Licensed Content: Choose which specific game mechanics, terms, or parts of the game will be open for use by others under your Open Game License. Typically, you might allow usage of basic mechanics, certain rule sets, or general gameplay methods but restrict the use of specific story elements, characters, or unique lore. Craft Your OGL Document: An Open Game License allows others to use selected content with clear boundaries. You could use an existing OGL as a model (like the one published by Wizards of the Coast), but consult an attorney to ensure your license reflects your unique requirements. Make sure the OGL includes: Permitted Content: Specify the content others may use and the ways they can use it. Restricted Content:  Attribution Requirements:  Conditions for Commercial Use:  Legal Review: Have an attorney review your OGL to ensure it legally enforces the boundaries you intend. 4. Licensing, Distribution, and Attribution: Decide if you want to provide a standard attribution format for others to use in their content. This helps ensure that people using your OGL consistently credit your work. Outline clear guidelines for distribution to protect both you and others creating under the OGL. Specify if they can only distribute in certain media or if there are particular limitations on reproductions of the game materials. 5. Consideration for an LLC: If you haven’t already, forming an LLC (Limited Liability Company) may offer extra protection for your intellectual property and limit personal liability.  6. Ongoing Protection and Monitoring: Monitor Use: Regularly check for compliance with your OGL and pursue any violations. You may wish to establish specific terms for enforcement in your OGL. Update Trademark and Copyright Registrations: If you expand the game with sequels, spin-offs, or new content, register those new elements accordingly.  ... Read Answer

In most situations in which individuals have been living in the US since the year 2000 and are being petitioned under the F-4 sibling category, they generally have not been able to maintain legal status that would allow them to adjust status in the US. The exception is if you are the beneficiary of §245(i) under which you must have entered the US by December 21, 2000, and have had a labor certification or immigrant visa petition filed on your behalf by April 30, 2001. Unless you satisfy the condition of §245 (i), you should consult with your attorney before going to the interview in Ciudad Juárez as most individuals who have come to the US and not been legal for one year are barred from coming back to the US for 10 years once they step outside the country. If you qualify under the exception, you should be able to make an application for adjustment of status with USCIS. Currently for the month of September, USCIS is accepting I-485 adjustment applications for those born in Mexico whose F-4 priority date is before 4/30/01. 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 Answer

A green card holder is obligated to maintain a domicile in the US, and six months per year in the US is generally thought of as the standard to avoid potential problems. In addition, an individual cannot leave the US for a year or more just based upon the green card. Trying to spend most of the time overseas and just touching base in the US also has risks. A person coming to the US as a tourist is not allowed to wait in the US while being petitioned under a category that is backlogged. I note, however, that the visa chart for dates for filing under the F-2A category for adjustment of status based on marriage to a permanent resident is only backlogged currently to June 15, 2024. So depending upon visa movement, a tourist in the US may be able to file for adjustment of status when the quota becomes current and remain here during the processing. On your other question of what happens if she comes as a student or on a temporary work visa, she would likely have enough time to file for adjustment of status given the movement of the F-2A category at present. Once the priority date is current and an adjustment of status application able to be filed on form I-485, an applicant can also apply for advance parole to leave the US on form I-131 Application for Travel Document during the pendency of the adjustment of status application. 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 Answer

The federal legislation known as VAWA, Violence Against Women Act, protects battered immigrants, either spouse, parents, or children, whose close family member abuses them. The abuser who is either a U.S citizen or a green card holder (lawful permanent resident) may refrain from helping the victim to proceed with the immigration process by using intimidation and control. VAWA allows victims to petition (known as self-petition) for themselves independently and safely without the knowledge, participation, or consent of their abuser. Work with an immigration lawyer to maximize your chances of success.   ... Read Answer

It most likely will not impact your green card approval. However, you should get a copy of 1) the police report ,2)  the record of conviction and 3) the record of sentencing that the court entered. 4) if probation was ordered then any court record that the terms of probation were successfully completed. You should get certified copies of these records ,if possible, because the immigration officer will need to see them. ... Read Answer

There is a process, depending on the charge, to vacate the charge. In the court that convicted/sentenced you, you can petition to have the charge vacated and sealed. Expungement is a different situation, and may be appropriate depending on the circumstances. What you are describing, most likely, would be a vacate/seal. You can get the forms off of the state courts website, and follow the instructions, or if you want to ease the process, you can hire an attorney to process the vacation for you.... Read Answer

Any time that a minor receives a settlement from an accident case, said settlement must to be approved by a judge. So you can call the court clerk in the county where the accident happened and they can find the case number by the minors name. The insurance annuity paperwork should be attached to the court order which would identify the insurance company policy number and contact information. ... Read Answer

There is a possibility that you will be able to secure an EAD under compelling circumstances if your condition is verified by a medical professional. If you are not aware, you should know that this type of relief does not keep you in valid nonimmigrant status, and you would most likely have to consular process your NIW application when the priority date is current as your having no valid nonimmigrant status may well prevent you from adjusting status in the US. You say that your partner is on an F-1 visa and that your understanding is that you cannot apply for F-2, but there may be a possibility that you can do such since you have not filed for the I-485 application at this time. It will be up to USCIS as to whether to approve the change of status. Kindly note that you can only apply for F-2 status if you are legally married to the F-1 holder. 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 Answer

Assuming that the I-140 petition was not timely revoked by the petitioning company and it is not later automatically revoked by visa availability having been reached, you should not have to go through the H-1B selection process again if you decide to rejoin your company or to move on to another company under a new H-1B petition. The company that you approach should be able to file another H-1B extension petition based upon your approved I-140. 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 Answer