Arkansas Recent Legal Answers from Lawyers

Age‑discrepant marriages are subject to strict scrutiny for obvious reasons, and USCIS will examine the bona fides of the relationship closely. The best way to maximize the chances of approval is to retain an experienced immigration attorney to manage the case from start to finish. You should also be aware of the USCIS directive issued last week, which represents a significant shift in agency policy. Under this new guidance, marriage‑based adjustment of status will be approved only in extraordinary circumstances. You should consult directly with an immigration attorney to understand precisely how this policy change may affect your case.... Read Answer

Good question. I am of the opinion that this can be done, but there is of course the issue that you are applying for an extension of a visa status under which you are supposed to still be maintaining nonimmigrant intent. There is a good possibility that USCIS will flag you and the company on the issue, and the company would have to give a response. But in the meantime, you would have extended work authorization by having timely filed a TN extension with USCIS. Hopefully, your EAD is approved prior to your expiration so that you do not have to make a choice of either doing the extension or stopping work for a period of time. I do not believe that this would adversely affect the I-485 as long as the adjudicator is reasonable. 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 Answer

Hi Mr. Hoover, It appears you are looking to help your friend consult with an attorney that is experienced with medical malpractice for the possibly negligent implementation of a device for urinary incontinence, like Interstim. Not all bad outcomes indicate that malpractice has occurred, as there are risks involved in these procedures, but the first step would be to have an experienced attorney take a look. It is likely in your friend's interest to get a plaintiff's attorney that does medical malpractice in the same state that your friend's surgery took place, and same city area if possible, because there is an advantage to being familiar with the judges and attorneys involved in the jurisdiction. It is likely that the state, like Arizona, will have a law requiring any complaint filed to be accompanied by an expert that has reviewed the case and opined that there was a breach in the standard of care required by doctors in performing the surgery and that such breach caused harm to your friend. Keep in mind that this also must be done within the statute of limitations, which in Arizona is generally two years, so it is important to start the process early. I would suggest making sure that the attorney involved is an experienced medical malpractice attorney, as this subspecialty of plaintiff's work has pitfalls that not all attorneys would likely handle as competently. I hope this helps.  ... Read Answer

Although I am a How To File An Appeal, I can offer some general information. If your Social Security Disability Insurance (SSDI) case has reached the federal appeal level, it likely means you are pursuing relief in the U.S. District Court after exhausting administrative remedies. Federal court appeals require a lawyer familiar with both Social Security law and federal civil procedure. You should seek a local attorney licensed in your district who handles federal SSDI appeals, as strict filing deadlines apply. Best of luck moving forward.... Read Answer

Yes, if the homeowner was in anyway, responsible or negligent for the damages that you suffered. This would be determined by who provided the ladder, and whether the ladder was defective or not, and whether you could prove that the ladder was defective based on some kind of forensic analysis. ... Read Answer

You can reapply for the visa, be honest throughout the complete process, and hope for the best. You have not stated what kind of visa you are trying to renew, but you should check the documentary requirements to also ensure that you have all the required documents for interview. Other than repaying the amount shoplifted and a fine, some evidence of rehabilitation may be helpful if you have done any voluntary acts or attended classes showing a desire to keep yourself or others from committing acts of shoplifting. 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 US Citizen girlfriend can sponsor her boyfriend for a green card after marriage. If you do not make enough money to financially sponsor him, mom can act as a joint financial sponsor. Work with an attorney to make sure the case is handled correctly. Some of us charge an affordable flat rate fee to handle the case from start to finish. ... Read Answer

If your ex-wife has primary custody of your children, she has the right to make the final decision regarding significant issues related to your children, and their education falls within that category. Even though she has the right to make the final decision, she does have an obligation to communicate with you regarding her basis for home schooling the children and to hear your concerns. If you can present a factual basis of a history of poor decision making, neglect, abuse or other circumstances negatively affecting your children by the custodial parent, you can investigate whether a change of custody would be in your children's best interests. I do recommend being as involved in their home schooling process as is possible to make sure they are getting proper instruction and be involved in that process. She does have an obligation to provide you with all information about the program, to include the information necessary (passwords for example) to allow you to log in to check in on their progress.... Read Answer

If you are still married, just separated for a long time, you both have equal rights of custody. If you are divorced and have a Court Order awarding you primary custody of your daughter, I do not understand how the school allowed him to enroll her.  If there has been a petition for order of protection and an order of protection has been entered restraining you from having contact with your daughter, you must obey that order until the matter is taken up in Court. Disobeying an Order of Protection may result in your arrest. If there has never been a court order entered establishing custody, you and the father are now likely to be looking at joint custody as that is now the legal preference in Arkansas. Unless you can prove by clear and convincing evidence that joint custody is not in your daughter's best interests, the Court will award joint custody.... Read Answer

  Per Ark. Code Ann. 9-15-201 of the Domestic Abuse Act, a petition for protective order can be filed by: A petition may be filed by: (1) Any adult family or household member on behalf of himself or herself; (2) Any adult family or household member on behalf of another family or household member who is a minor, including a married minor; (3) Any adult family or household member on behalf of another family or household member who has been adjudicated an incompetent; or (4) An employee or volunteer of a domestic-violence shelter or program on behalf of a minor, including a married minor. "Household members", as defined in Ark. Code Ann. 9-15-103 of the Domestic Abuse Act, includes: “Family or household members” means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, in-laws, any children residing in the household, persons who presently or in the past have resided or cohabited together, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together." Step mom may qualify to fit in category 2 as a person who can apply for a protective order as "any adult family or household member on behalf of another family or household member who is a minor. " The more appropriate person to file would definetely be a parent on behalf of their own child, in my opinion, but she may be able to proceed as a household member filing on behalf of a household member as a minor.  This is not the anwer you are looking for but this is the most accurate reading of the law.... Read Answer

The Office of Child Support Enforcement Unit (OCSEU) normally only opens a child support case  if one of the parents (custodial parent) has enrolled the minor child in a program, namely AR Kids 1st health insurance, income based, provided by the State of Arkansas. When a parent enrolls a minor in this program, they sign a form wherein they assign the right to collect child support to the OCSEU who then initiates a claim. Oftentimes the parent signing the form assigning the rights to collect does not really read that paperwork and is not aware of the process they have begun. If you have been served with a Summons and Complaint/Petition, you need to read the Summons carefully and note the deadline you have to file an answer or otherwise respond to same or a default judgment may be taken against you.... Read Answer

A foreign national can visit his girlfriend in the United States on a visitor visa. After that he can return home, and if you choose you can sponsor him for a fiancée visa. Thereafter, he can return to the United States, where he can adjust status to get his green card after marriage to you. This can all be done if you are a US citizen. You should retain counsel anywhere in the United States for legal representation. Some of us charge a very affordable flat fee to handle the case from start to finish.... Read Answer

You may have a claim against the store for defamation of character. A false statement was made and was presumably published to a third-party, and that constitutes slander per se, which means you do not have to prove damages. When any plaintiff files a lawsuit against a defendant for defamation, they have to prove that they have been damaged. However 'slander per se' allows a plaintiff to recover damages without the need of proving same, if the statement falls into either of four categories. 1. Youve been accused of having a loathsome disease 2. You have been accused of a crime, 3. You have been accused of being a person of ill repute, or 4. You have been accused of being dishonest in their business dealings. Finally, there should be a source of recovery because 99% of the time commercial businesses like this have insurance policies that cover advertising injuries. That is a fancy word that means that defamation is an insurable risk that commercial enterprises protect themselves against. So what you should do is to retain counsel to represent you, and have a claim filed against the business. If they refuse to negotiate with you or you do not have any luck in finding a lawyer to represent you, you can always file a lawsuit against the business in small claims court.... Read Answer

This is possible, but it's a long drawn out process where the department of labor and the US CIS has to get involved and it has to be done in a two-stage process. He would need to get permission from the department of labor that there are no qualified workers in the United States that could fill the position. Once that is obtained he could change status. He Should retain counsel to process the case from start to finish.    ... Read Answer

The challenge is that most prison systmes provide little or no mentl health care so current documentation of your struggles will be hard. Accordingly, your first priority should be to find current, ongoing, consistent mental health care. You may call me to discuss your claim, Peter Skeie, 615-313-9111... Read Answer

If your wife gave you her password to her phone  it is permission to go into it.  If she did not give you permission then you are a hacker and will have created liability for yourself.   As to your wife's cheating, you should think about speaking with a divorce and separation lawyer.   You may want to discuss your situation with a lawyer in more detail. Many lawyers  offer a free phone consultation.... Read Answer

Dale, Social Security does not have a percentage of disability scale like you mentioned.  Either you are 100% disabled or you are not disabled.  There is no sliding sclae that awards people 50% disability at a lower rate than someone who is 100% disabled.  Now, if you have Service Connected Veterans Disability ebneifts, they do award on a lsiding scale from 10% to 100%.  ... Read Answer

Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330) 983-4842 attorneyjaffe@aol.com www.LawyerJaffe.com You may want to consider hiring a lawyer to send a Cease-and-Desist letter. to the poster  While a cease-and-desist letter has little legal impact, the lawyer's letterhead gets the recipient’s attention.   This is a relatively inexpensive way to put the person on notice that you are not going to let these actions continue and that you are serious about pursuing your legal remedies.  It also tells the person that they could get in legal hot water which will cost them a lot of legal fees if nothing else.  This will often convince them to stop their evil ways.   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read Answer

Probably.  First, in some cases the statute of limitations doesn't begin to run until the injured person discovers or should reasonably have discovered the wrongdoing.  I don't know whether this is the case for this claim in AR.  Second, your uncle may be viewed as a fiduciary to you, which could (again don't know the law in AR) be another reason to toll the limitations period.  BTW, from what you've written, I'm guessing that  your uncle may have been the executor of your father's estate, which would make him a fiduciary even if you weren't related.... Read Answer

I'm not sure whether the insurance to which you refer is your former employer's policy or your own, but either way it would not cover damages that you caused to yourself.  Thus, if you were drunk, that fact would be relevant to show that you were negligent and thus your injuries are wholly or partly your fault.  If you are suing your former employer, or her insurance company directly (in New York you would be suing the former employer and the limits of her policy would have nothing to do with the lawsuitk, but I know that some states allow direct action against the insurer and AR may be one), you can ask for more than the policy.  If you are suing your own insurer seeking coverage, as a general rule you can only get what you would have gotten had the insurer complied with your policy, plus interest.   However, you may be able to get more if you can show that the insurance policy acted in bad faith in refusing to pay your claim.... Read Answer