District of Columbia Recent Legal Answers from Lawyers

You received conditional residence through your marriage based I-485 filing. The purpose of the I-751 if done through joint filing is to demonstrate to USCIS that the marriage is bona fide. Questions of employment before obtaining conditional residence are not the concentration here, and I doubt that there would be questions pertaining to it. 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 child does not obtain automatic US citizenship. A US citizen stepfather can sponsor his wife and his step child provided that both entered the United States with permission and the marriage occurred before the step child's 18th birthday. You sponsor both of them by filing an adjustment application to get their green cards. Once their green cards have been obtained, they can file for US citizenship three years later.... Read Answer

A tourist visa in the United States is not a working visa, and you cannot apply for working privileges in the US based on a tourist visa. Any work done in the US for an employer or most self-employment situations is considered unlawful. 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

OK So if the stipend is required to be paid back then it is not really income but it is debt, and therefore there would be problems with showing that that would likely to be a recurring stable source of income in the future. Thus, it would most likely be that USCIS would require a joint sponsor.... Read Answer

Can you win relief for this discharge? While no attorney can read the future and ethical rules require that we not gurantee any certain outcome, I can outline briefly what questions we might ask you to get started: (1) What specific agency, role, and committees? (2) Relatedly, what were your applicable employment/performance/separation policies, and what language was contained in any/all employment contract(s), performance reviews, and separation documentation? (3) Who has come forward to corroborate your story; or who has come forward to corroborate their story?    So, get started by gathering these documents, and make a quick list of dates and events. Why? For any attorney, this will be key to effectively reviewing your case and, if relief may be possible, to efficiently representing your concerns. Best wishes, and be sure to begin applying for new employment opportunities for peace of mind, income security, and to ensure that you can demonstrate in any legal action that you affirmatively had sought to mitigate any losses suffered. ... Read Answer

"Converting" from a Sole Proprietorship is unlike Statutory Conversion provided in many states for some Partnerships, an LLC, or any type of corporation. The initial process takes two steps: Create the LLC or other business entity type, then transfer the assets into that new entity. Further considerations may include, without limit, the following:  Create an Operating Agreement - Manage co-members, roles, risks, dissolution, etc.  Elect Appropriate Tax Treatment - At least four basic options exist, and forms may be required Establish an LLC Bank Account - Use new EIN, if any, and do not commingle with personal assets Transition Existing Contracts - Assign rights to the LLC and notify clients, or patiently re-negotiate Assignment. Here we briefly explore this last item. Assigning a contract to your new LLC may generally be done if a contract does not otherwise restrict such action within its aptly named "Assignments Clause" or elsewhere by similar language. The act of assignment is typically performed by a single-page agreement, transferring all rights and responsibilities from you, as Sole Proprietor, to the new LLC.  Procedure. An LLC then attaches the assignment to a copy of the original contract, files it appropriately, and notifies the client. If you have good relationships, clients likely already know of the LLC's formation, so this formal notice is no surprise and possibly even welcomed as a sign of coming growth.     Prohibition. If an existing contract effectively prohibits this assignment, then you could consider negotiating a contract codification according to the terms or for some new consideration. If you and counsel cannot find a way to secure an assignment, then patience might be prescribed. Allow the current contract to expire, and negotiate the next renewal between Client and LLC.          Additional Publication. Some states require general notice in a newspaper. So, we would want to know the state of your Sole Proprietorship and LLC, determine whether the nature and extent of business in another jurisdiction would require additional registration there as a Foreign LLC, and whether that foreign jurisdiction would require publication.  So, this shift takes multiple steps, each with special attention. Contractual assignments concern a concept akin to collateral. The agreement was formed with the expectation that specified parties could be liable in case of a breach. Shifting to an LLC effectively shields some assets from the reach of a court-ordered remedy. Hence, the need for a careful review of each contract and context.... Read Answer

Small businesses are critical to economic growth in the United States, as is higher education as best practices evolve rapidly. Fortunately, FAFSA does allow some critical exemptions for small businesses (fewer than 100 employees) and their Business Assets - these are assets used in Operations. E-Commerce assets should be reviewed in the context of their functioning purpose within the business operations for proper treatment on a particular individual's FAFSA application. As a good example to illustrate this importance of contextual details, a single parcel of real estate may be treated in two different ways depending on its declared function, deed, etc: Omit the value from FAFSA if deemed to be a Business Asset, which asset is generally used in business operations and typically deeded to the company rather than an individual; or Counted the value for FAFSA if deemed to be an Investment Asset, which asset might earn income as a rental or be in your own name, for example. Even if FAFSA counts an asset, Asset Protection Allowance may let you count just a percentage, which rate can differ based on a few factors like the student's status as a Dependent. Despite this allowance declining in the recent decade, its benefit or something similar could arise on the horizon in our near future.  These benefits can be critical lifelines to a small business wishing to invest significantly in higher education. E-Commerce assets should be reviewed in detail to establish the proper treatment for your FAFSA application.   ... Read Answer

Unfortunately, your husband is the lead and you are only in the position of the derivative. USCIS by law is not supposed to approve applications for derivatives where the principal has left the country. If you are able to apply for another visa status such as F-1 student and if that is approved, you may be able to stay independent of your husband. 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 answer to "can I sue" is always yes,the question is whether you can win.  It's not clear to me how strong your case is.  What do you mean that you "voluntarily repossessed the car?"  Do you mean that you took possession of it from your co-signer with his permission?  If so, might he claim that he allowed you to take the car with the understanding that he would have no further responsibility for payment?... Read Answer

Whether you can terminate the agreement depends upon many things including the terms of the agreement. You may want to consider hiring an attorney to write a demand letter as the temp agency may respond to your request for a copy of the agreement if you've retained counsel. Russo Law LLC 929-262-1101 Info@russolaw-llc.com www.russolaw-llc.com... Read Answer

The terms of the attorney client relationship are governed by the engagement letter.  If you had a written agreement that you executed with the lawyer before he began working for you, it should direct how and when he would be paid.  You may want to consider hiring an attorney to write a demand letter on your behalf as he may take your requests more seriously if you've retained counsel. Russo Law LLC 929-262-1101 Info@russolaw-llc.com www.russolaw-llc.com... Read Answer

I will assume for purposes of your question that you are not subject to a two-year home residence requirement by virtue of your J visa. If not and you wish to spend a little more time in the US, you could possibly make an application for B-2 visitor status. If longer-term, perhaps an application to become an F-1 student. If you have a baccalaureate degree or higher in a specialty occupation and an organization willing to sponsor you for an H-1B specialty occupation visa, that is also a possibility. To explore timing and all possible options, you should make an appointment with an immigration lawyer. 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