My mother (I am her biological daughter) arrived in the US on a B2 tourist visa for the second time on July 4th, 2023, and I am a US citizen. Can I apply for her Green Card before 90 days ( DO NOT FOLLOW 90 DAYS RULE, because my purpose is save time for the green card process) arriving in the U.S... View More 
answered on Aug 22, 2023
Congratulations on becoming a US citizen! It's great that you want to help your mother obtain a green card. Let's go over your questions step by step:
1. Can you apply for your mother's Green Card while she's in the US on a B2 visa?
Yes, as a US citizen, you can... View More
I formed an LLC already. Unaware after reading some websites that licensed professionals are supposed to form a PLLC but I wanted to confirm if that is true.
answered on Aug 13, 2023
In New York, professional licensees of certain type cannot practice together with non-licensed people, making the regular LLC not an acceptable way to organize the company. Those filing the PLLC must be licensed to practice the occupation in question, and the company must be managed by those with... View More
answered on Jun 25, 2023
In New York, a 16-year-old can work in a family business under certain conditions. Generally, minors who are 14 or 15 years old are allowed to work in a family business as long as the work is not hazardous and they have appropriate work permits. However, for 16-year-olds, there are usually no... View More
Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben... View More
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, if Frank and Sam are 'merchants' (business people), a set of certain rules will apply and dictate the analysis under the Uniform Commercial Code. This situation needs to be explored... View More
I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... View More
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... View More
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... View More
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... View More
Sam, a delivery guy from X’s company was chased by a dog. Steve, driving and trying to avoid hitting Sam, turned his car to the left and accidentally went into the store and injured himself and three other people. Is Sam or his company liable for the injured people?
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. At first glance, it appears that the driver is fully liable, irrespective of the other circumstances. However, liability is also apportioned in accordance with the state rules for that.
I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.
answered on Jan 20, 2023
It is impossible to know based on the information you provided, what the right steps would be in your case. If a VAWA petition has been approved, you should be able to adjust the status and terminate the 42b proceeding by way of motion but without having fully studied your case it's impossible... View More
I am wondering if I can sell items such as TCG Cards/Collectibles/Items online for winter income legally under the same entity for winter income as pools slow down/stop
answered on Nov 8, 2022
Assuming your entity is an LLC: unless your articles of an organization specify only pool business (usually they do not) you can absolutely use that entity for various businesses and you have the choice to file multiple DBA's (doing business as registrations) based on the line of business you... View More
Hey my mom got her naturalization when I was 15th years old but I was not a permanent resident. So she applied for me right after she got her citizenship and I got my green card when I was 19th and now when I was applying for a citizenship it says I may be already a us citizen because my mom was a... View More
answered on Nov 8, 2022
I would still consult an attorney but generally, these are the rules that apply:
In order for children to naturalize at the same time as their biological parent, they must meet all of the requirements below.
The child has at least one parent, including an adoptive parent who is a... View More
We have received a notice today that our N400 naturalization interview is scheduled during a long planned vacation overseas. Is it safe to reschedule the interview or should I just cancel the vacation and try to reduce the non-refundable costs? Thank you!
answered on Nov 8, 2022
You must inform the USCIS in writing about the important family or personal reason for why attending their assigned date is impossible for you. A simple family vacation might not be enough grounds to receive a rescheduled date. Speak to a lawyer, is my suggestion.
My wife's green card has already came. Mine was on the last steps (medical etc)
answered on Nov 8, 2022
If you are in removal proceedings before an immigration judge, you should immediately find an immigration attorney who handles removal defense. The same goes for asylum petitions before the USCIS - get a lawyer to consult and accompany you.
I am currently a H1B visa holder. My company has offices in Texas and Mexico, and I am asked to travel back and forth the border every day. Is there any law preventing me from doing so? And will this effect my status in any way? Thanks in advance
answered on Nov 8, 2022
Typically, when traveling on an H-1B visa the following documentation to reenter the U.S. is required:
Valid passport with at least 6 months of validity at the time of admission to the U.S.
Valid H-1B visa stamp in your passport,
Original H-1B approval notice (I-797)... View More
I am a F1 student and I'd like to work remotely as an intern for a company outside the US. I talked to multiple advisers at my school's international student services and they told me that, as the company does not have US presence (they checked the company website), they cannot issue CPT... View More
answered on Nov 8, 2022
What you intend to do afterward, like filing a petition based on marriage is not directly relevant to observing the rules regarding CPT or OPT. Your concern is best discussed with an experienced lawyer first and later with your school. It sounds like a solution in your case is realistic.
Hi I paid a service provider $1500 to do a service for my business she has a nasty attitude and is very rude she hasn’t started any work yet it’s only been about 2 days and she won’t give me my money back and she said if I do a charge back she is going to take me to court. She had me check... View More
answered on Oct 18, 2023
It is next to impossible to identify or suggest anything based on the very sparse info you shared. Generally, the contract, verbal or (even much better) written control. Where there is no contract, state rules or even federal rules govern. You should speak to a lawyer.
For example, the alien was deported after being convicted for drug trafficking then they reentered the US unlawfully/illegally and was then convicted of another crime and served 6 years in prison. Are there any grounds for the person to defend not being deported if they have a child to support who... View More
answered on Aug 15, 2023
it is impossible to discuss this in the hypothetical; suffice to say that whoever has this issue needs an immigration lawyer experienced in 'crimmigration' because sometimes it is possible to do certain things with the conviction, after it has been entered. Much depends on the crime itself.
My mom applied I-90 form and is waiting for her green card to be replaced. She got the I-551 stamp on her passport, but she doesn’t have a physical green card (the USCIS has it). Can she still travel back to the US with her German Passport with the I-551 stamp on it?
answered on Aug 15, 2023
You should be able to travel with just the I-551 stamp, which is also called the temporary proof of legal residence stamp.
I own 25% of a business, a shop, in a 3 people partnership. If i were to no longer go in and offer manual labor but still keep the 25% I understand contributing 25% of the business expenses. But they say I have to also pay them them a salary based on how much percentage of the company they own. Is... View More
answered on Feb 14, 2023
Hello. It does not sound like a situation for you to remain in. As for your question, it is not entirely clear what you are asking. You may want to speak with a lawyer because there will undoubtedly be issues requiring clarification. That said, business ownership does not have to go hand in hand... View More
My wife is a US citizen, and is currently doing her bachelors. She works part time and not on a regular basis. My company is currently processing my green card, however, it will take some time. So, I wanted to apply for a marriage based green card. My wife cannot thus sponsor my green card, but she... View More
answered on Feb 14, 2023
Yes, a third party (another person) may be a guarantor/sponsor but needs to mee the eligibility criteria (income or assets).
Can I take legal action?
answered on Feb 14, 2023
Hello, whether you can take legal action depends on more facts that need to be inquired about and on whether it is ultimately worth doing so. Your issues appear primarily related to an employment relationship, whereby it should not matter that it is a family business. If you were employed there you... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
