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Questions Answered by Stanley Dale Radtke
2 Answers | Asked in Immigration Law for California on
Q: Awaiting marriage-based i751+citizenship approvals. Lost job yesterday. Should I avoid asking for EDD/Foodstamps/else?

I rather not take any risk, and I also don't want my wife liable (even though we file taxes seperately).

I tried reading here: https://www.uscis.gov/archive/public-charge-fact-sheet and also here... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 8, 2021

Yes, if you accept public assistance as an immigrant, you may be held inadmissible at the time you seek to adjust status.

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1 Answer | Asked in Immigration Law for California on
Q: Can i file for a case against someone who verbally said that she sent documents to immigration but it was not her money?

To prove that she can support her studies here and that she still keeps it and will pay them back as soon as she gets her green card. Thats why she was looking for someone to get married to for paper purposes only

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 28, 2021

You cannot "file a case against someone" because it is only the federal government that can initiate an action against someone for immigration fraud. This of a criminal offense, you can report a crime, but only the district attorney can actually file a criminal complaint against someone.

1 Answer | Asked in Immigration Law for Texas on
Q: what is An applicant caused delay in asylum and how can i correct it

Hi I applied for work authorization and included my ASAP membership card and my request was rejected with reasons being

- there was a delay in my asylum proceedings. How do i rectify this delay. Do i need to write court or what. I am confused

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 28, 2021

This is an often confusing area for everyone, including attorneys and court staff. Essentially, the EAD clock begins to run once your asylum application is properly filed either with the immigration court or the asylum office if filed affirmatively. The EAD clock stops counting if the applicant or... Read more »

1 Answer | Asked in Immigration Law for California on
Q: selective service verification for citizenship

hi, how are you? when i came to usa, i didn't know i have apply for selective service, and i have send my document to get citizenship but looks like need verification document from selective service!

what is my situation?what i need to do?

i was born at 1991

thanks

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 27, 2021

Failing to register for potential military service can ruin your showing of good moral character for naturalization purposes.

If you are a man who lived in the U.S. or got your green card at any time between the ages of 18 and 26, you were expected to register with the U.S. Selective...
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2 Answers | Asked in Criminal Law and Elder Law for California on
Q: I need a lawyer but I’m not even sure of what kind

the situation is and I’ve been charged with financial Elder abuse I have also been charged with GTA for driving my grandpa’s truck is it always have as well as a restraining order against me the underlying issue however is I have a cousin who is threatened by myself and my children were in we... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 18, 2021

A good criminal defense lawyer. If you cannot afford one, a public defender will be appointed to represent you in the criminal court.

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1 Answer | Asked in Criminal Law for California on
Q: Q: Have you or the other attorneys in your firm ever fought a case against law enforcement?
Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 10, 2021

It depends upon what you mean by "fighting a case." In every criminal action, law enforcement has engaged in activities that ultimately resulted in the arrest of a defendant. The defendant then offers a defense to the charges in criminal court.

If on the other hand, you are...
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4 Answers | Asked in Criminal Law, Communications Law and Legal Malpractice for California on
Q: I need help ! I don't know how to go about this and if it's even worth it ..

I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Feb 24, 2021

Your public defender has a supervisor. Contact the office and ask for the supervisor and explain what happened to you. Most PD offices have a good working relations with the court and perhaps your issue can be solved.

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2 Answers | Asked in Criminal Law for California on
Q: Missed court date due to covid exposure how can I get warrant recalled without coming into

The public defender tells me to come in but I can't I'm stay put order due to covid exposure how can I get the warrant recalled and new date set up

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 31, 2020

You have an attorney, the public defender. You should listen to your legal counsel.

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1 Answer | Asked in Criminal Law for California on
Q: Does the 3 strikes law still apply today

My boyfriend got a ride to sacramento from a friends girlfriend that he had never met before to go to his physical therapy appt. On the way back they got pulled over and the dog found 10 oz of meth and some heroin in a spot in the girls engine compartment. My boy friend was nothing but cooperative... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

I would assume that your boyfriend was represented in the criminal court by an attorney. He would have consulted with his attorney before accepting any plea, or negotiated disposition. I would suggest that your boyfriend discuss this with his lawyer and if there is a good faith reason to withdraw... Read more »

2 Answers | Asked in Criminal Law for California on
Q: What does. Case number 9999999 mean

In criminal law

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

No idea. Case numbers only make sense in relation to a specific court. For instance, Los Angeles County Superior Court, case number XXXXXXX.

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1 Answer | Asked in Divorce and Immigration Law for New York on
Q: Got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

If you have successfully removed your conditional residency and obtained your "10-year" green card, then any subsequent divorce will not effect your immigration status.

Now, your husband can say anything he likes to immigration to try in order to try and harm your status, but if...
Read more »

1 Answer | Asked in Uncategorized for California on
Q: I'm college student. I planning to become a lawyer, do I must to go to law school and how do I get experience ?

I'm originally from Ukraine and been living in California for past 3 years. I'm enrolled in college right now and planning to transfer but I'm still not sure is this is what I can do for the rest of my life (being a lawyer) and my fear is to take a loan for university and for the law... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

I would suggest working for a lawyer, or law office, as an assistant first, to get exposure and some experience in the legal profession to see first hand if the work is something you would enjoy doing. If you cannot obtain a paid position, then you could always ask to work as an unpaid intern to... Read more »

1 Answer | Asked in Immigration Law for California on
Q: 1. Can she apply for OPT EAD while her I-485 AOS is pending? 2. Will this negatively impact the 485 aos application?

Hi,

My wife and I applied for I-130 and I-485 concurrently about 6 months ago. She is on F1 status and will be graduating in Spring 2020. I-130 has been approved so we are currently wait for I 485 approval. 

Due to the current administration and corona virus delays we do not know... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

In essence, your question is can my spouse work while her adjustment of status application, Form I-485, is in process?

Form I-485 is an application that must be filed to register a foreign national’s permanent residence or adjustment of status. As part of the adjustment of status process,...
Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Hello my name is Latrise I am looking for a pro bono lawyer for my fiance.

He was sentenced to 9 yrs for DUI with gbi .he was not offered an rehabilitation or a recovery home. if there is any pro Bono lawyer that's taking new cases

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 10, 2020

If your fiancé was convicted after trial, or after a guilty plea, then he has as a matter of right the ability to file an appeal within 60-days of the date of judgment. If he cannot afford an attorney, he will have an attorney appointed at no cost.

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1 Answer | Asked in Criminal Law for California on
Q: Law.Justia.com, Cal app.3d, Volume 144 People V. Salazar (1983) "Posted for 37 yrs". 22 yrs ago received California CR,

This is inflammatory information of reports that were not charged, used only as to show MO and admitted without any rebuttal or proper defense. Later overturned. Now, application for "Pardon is pending" at Justice Dept. 37 years with no further criminal charge what so ever. It... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 8, 2020

Dear Raphel: The process to de-publish a case is as follows:

2020 California Rules of Court

Rule 8.1125. Requesting depublication of published opinions

(a) Request

(1) Any person may request the Supreme Court to order that an opinion certified for publication not be...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: What happens if a defendant never received notice if court date
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

If a defendant has a court date and fails to appear, the court will issue a bench warrant for that failure to appear.

1 Answer | Asked in Immigration Law for California on
Q: My wife has a 10 year green card. Can she apply for Medical without it electing her citizenship application

She was laid off and lost her medical insurance and is pregnant

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

See the USCIS Webpage for information regarding the Public Charge Rule:

https://www.uscis.gov/news/public-charge-fact-sheet

1 Answer | Asked in Immigration Law for California on
Q: What do you think a reasonable hourly rate is for a non-medical expert witness (a Ph.D.) in an immigration case? Thanks.
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

Our office uses many expert witnesses in our legal practice. The fee would depend upon what in fact the expert is asked to do. Most of our experts work on a flat fee basis for the specific task requested.

1 Answer | Asked in Immigration Law for California on
Q: Is it possible for my father to get his green card without leaving the country?

My dad is 56 years old, has lived in the US since he was 17, he does not pay taxes, he has 6 children (only 1 under the age of 18), his wife (my mother) is a resident. He is the sole provider for the family (All other siblings live with the parents while they go to school) including my mom who has... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

Not possible to answer your question without more information. There are many grounds of inadmissibility and entering the US without permission is merely one. There are criminal bars to admission and the public charge ground to admission. My suggestion would be for your father to consult with an... Read more »

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