South Dakota Recent Legal Answers from Lawyers

Many people who live together enter into a cohabitation agreement.  If you do not have a cohabitation agreement, you may be out of luck.The first question is who owns the house, i.e. whose name is on the deed.  That determines who owns the house.The second question is did you have an agreement, written or oral, regarding your contribution for the mortgage, insurance and taxes.  If so, follow that agreement.  In most cases like yours, the parties never discuss the subject and never reach an agreement because they foolsihly assume that their relationship will endure forever.In equity, you may be entitled to what you contributed minus half of the fair rental value of the house for the time you lived in it.  In all likelihood, half of the fair rental value greatly exceeds your $42,000 contribution.... Read Answer

You would have to find a probate lawyer to open up an estate in the city where he died, and then the judge will distribute those proceeds according to his last will and testament, and if no last will and testament exists, then it would go to his closest living relatives. You should retain a probate attorney in the jurisdiction were dad died. Most do not require a fee upfront, but rather would be paid at the end of the case prior to distribution of the proceeds to dad's heirs. ... Read Answer

Yes, as a United States citizen, you can petition both of your parents. However you will need a joint sponsor if you do not have the required income threshold to act alone. You should retain counsel anywhere in the United States for representation. Anyone can act as a joint financial sponsor if they are a US citizen or a green card holder. It does not matter if they are not blood related to you.... Read Answer

More information is needed.  Perhaps, but your child may choose not to petition you after reaching 21 years of age?  You may be otherwise disqualified by that time.  Have you left the United States? Are you still in J-1 status?  Has your J-1 program ended? Do you work without status? There may be other alternatives to lawful immigration.  There may also be better means to preserve your immigration options.  As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

It depends. A debtor can do one chapter 7 bankruptcy every eight years. However you can do a Chapter 7 bankruptcy followed four years later by a chapter 13. Further, you could file a Chapter 13 bankruptcy followed two years later by another chapter 13 bankruptcy. Also, you can file a Chapter 13 bankruptcy filed four years later by a Chapter 7 bankruptcy. I hope this did not confuse you, good luck.... Read Answer

Your fiancé needs to obtain a k fiancé visa not a tourist visa. A tourist visa is for the purpose of traveling here to visit and not to marry. If USCIS or a customs agent discovers his true intent if he arrives here on a tourist visa, he would be technically committing immigration fraud. As for your financial situation, you can always have a joint co sponsor file the financial affidavit of support if you can not meet the minimum level of income required. Discuss all the facts of your case with counsel.... Read Answer

US immigration law does not allow anyone from another country to just decide and come to the US permanently because he or she wishes to do so. There must be a basis, which is usually through family relations or employment. A person who wishes to come here just to visit can apply for a visiting visa. If you are serious about your boyfriend and will marry, you can sponsor him as a fiancé and upon entering the US, you would have to marry within 90 days and he could then apply for the green card. Otherwise you could marry in Nigeria or some other country and sponsor him directly for the green card. A fiancée visa would take approximately 9 months and an immigrant visa approximately 12 months to process. 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

As a US citizen, you have two viable options recognized in law – you can file for him as a fiancé under a K-1 visa, or you can marry and then file directly for his residence status. The first is done on form I-129F petition for alien fiancé and the second through form I-130 petition for alien relative. The fiancé route is normally approximately 9 months and the residence route approximately one year. 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 can have him process there at the Consulate after marriage or apply for a fiance visa, and get married within 90 days after his entry with the K visa. Both routes are taking about the same time, the fiance visa taking a little less. Counsel anywhere in the US can help you. Congrads and good luck. ... Read Answer

Cancellation of removal for a lawful permanent resident requires that the individual have been in the US for seven years after having been admitted, be a permanent resident for five years, and not been convicted of an aggravated felony. In your case, it would not appear that the possession charge would be an aggravated felony from your brief description. If not, the question is what was the other charge on your record? From your account, it was not serious. Cancellation of removal is discretionary, and the more serious the crimes, the more reluctant an immigration judge would feel about giving a favorable exercise of discretion. In your case, you may have to wait until your time is served before you have a hearing before the immigration judge. At that time, you and your legal representative could go through all the reasons for which you should not be removed including all of your equities. 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

Hey Tiffany, sorry to hear about the complex situation you are going through. You will need to retain a lawyer to assist you and get you out of this legal mess of domestic relations. We would need more details on the case to better provide you guidance. If you can not afford an attorney you can represent yourself in court with our flat fee Pro Se services. 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

It is not clear whether you have maintained your F-1 status or not. A person can hold both F-1 status and TPS at the same time so long as they continue to maintain student status. If you have maintained your F-1 status, you would not need to leave the U.S. A change of status would simply be requested. If you have not maintained F-1 status, you may be able to remain in the U.S. More information would be needed and timing of the petition would be important. I encourage you to speak to the attorney who will be handling the petition. You can read more about changing status at http://myattorneyusa.com/temporary-protected-status-tps#ADJUSTMENT%20OR%20CHANGE%20OF%20STATUS.... Read Answer

No.  It would be a class move if he returned them (although he'd probably want the jewelry back), but you have no legal right to demand it. Had you told him that your gift was conditioned on your lasting until a certain date, you would have a claim, but you did not.  You gave your ex unconditional gifts and they are his to do with as he wishes. ... Read Answer