Nebraska Recent Legal Answers from Lawyers

As you know, you can apply for your mom and dad (I will assume that you were not adopted by someone else and that these are your natural parents). For your stepmother, you can apply directly for her as long as your father married your stepmother before you turned the age of 18. If not, you can petition for your father, and he can then petition for your stepmother when he becomes a permanent resident. 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

As you are over the age of 21, you would not be able to have a concurrent filing of the I-130/I485 applications as the I-485 Adjustment of Status to Permanent Residence Application can only be filed where there is visa availability. For the month of February 2023, USCIS is accepting the Department of State’s dates of filing visa chart which will allow adjustment of status applications to be filed under the F-2B category for individuals in most of the world except natives of Mexico and the Philippines for whom I-130 petitions were filed prior to January 1, 2017. Without the ability to file the I-485 application, you would not be allowed an employment authorization based upon your mother’s petition as such work privilege is ancillary to the I-485 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

If your mother entered under an immigrant visa that allows dependents and you are under the age of 21, you could quite possibly file an I-485 application under the follow to join category and forgo filing the I-130 petition. Alternatively, you can concurrently file I-130 and I-485 as long as you are maintaining legal status and are under the age of 21. I note that if you are over the age of 21, you may still be able to file the I-485 application if your mother entered under an immigrant visa petition allowing for dependents and you can still be classified as a child under the Child Status Protection Act.  If you are able to file the I-485 application, you are eligible for a work permit and can file the I-765 request for such concurrently. 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

Unless the account way pay on death to someone or you and your father held it joint with right of survivorship, it is part of the estate to the extent that it is your father's money.  You may have been a convenience signer, meaning it is 100% his.  You may have held the account jointly, meaning either that it is 50% his or that the traceable amount he contributed to the account is his.... Read Answer

While the house might need to be sold to pay for your mother's care or because she cannot make mortgage or property tax payments, a house is not counted in determining eligibility for nursing home Medicaid. That said, occupancy and caregiving confer no right to continued occupancy without a written agreement.  Move.... Read Answer

A applicant may revive an application that was unintentionally abandoned for failure to respond to an office action by providing a petition to revive along with 1) the submission that was required required and was not timely filed (the repsonse to the office action); 2) a petition fee ($1,700); 3) a statement that the delay between the due date for submission and the filing of the petition to revive was unintentional. A terminal disclaimer and fee may also be required if you are prosecuting or have obtained a patent for a related application. If the office action in question was a final rejection, the only submission that you can make is a Request for Continued Examination.  If, on the other hand, the office action was a non-final rejection, the submission is simply a full and complete response to that office action. Whether you file in-paper or via the Electronic Filing System is not outcome-determinative. These requirements are generally set forth in 37 CFR 1.137 and MPEP 711.03(c).  My strong recommendation is not to try to revive on your own, but rather to hire a registered patent attorney or agent to prepare the petition for you. For a free initial consultation and firm quote, contact me at 425-533-6132, Claiborne Patent Law Services.  ... Read Answer

If this is your first offense, it is unlikely that you will go to jail. However, it is important to speak to a lawyer to rerview your options. The outcome of the case will depend on the facts and whether you submitted breath rest, urine test or blood test and the score. If you did not submit sample, then the field subriety test will be important in the outcome.... Read Answer

Some lawyers keep a signed, witnessed and notarized copy of the Will or, more rarely, the original.  You can ask who took over the practice.  I few courts will keep a Will on file for a fee.  Most people keep their Wills at home, perhaps in a safe.  Some people keep them in a safety deposit box.  Hunt.  If you do not find it, ask a local probate attorney to help you file an application to determine heirs and probate (prove) the estate.... Read Answer

While a spouse generally has priority for guardianship, first check the local probate records to determine whether a guardianship was in fact awarded to your stepmother.  Few states, if any, specify the legal capacity required to sign a HIPAA Medical Information Release.  If your father can sign one, it should allow the doctors to talk with you. Please note that your stepmother may not want to worry you or it may be too painful for her to admit the true situation.  A calm and sympathetic discussion with her may yield more information.... Read Answer

You may face a problem when returning to the US since the filing was untimely. I note that USCIS is trying to be more kind to people caught in your situation of not being able to leave the US, but I do not know whether an adjudicating officer will extend that kindness to your late filing. 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

There is a danger that if you are applying for an I-485 adjustment of status during the time that you are seeking F-1 reinstatement, U.S.C.I.S. may check the system and deny the F-1 reinstatement request on grounds that you are an intending immigrant. If you intend to consular process your DV application instead of seeking adjustment of status, such would not come to the attention of U.S.C.I.S. I assume that you were just selected and so will have until September 30 of next year for completion of your DV immigration application. If you are thinking of a later adjustment, you may wish to delay the I-485 application at this time even if your number is current to await the result of the reinstatement request. 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