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Questions Answered by Lcdo. Ivan M. Alers
1 Answer | Asked in Immigration Law for Arizona on
Q: Proper way to handle coming to USA.

Ok I have a question, I'm a U.S. Citizen at birth, I have a boyfriend that is British and he is a programmer. We have been together for three years and so far took around 6-7 trips to see eachother that lasted for close to a month each time and we talk on Skype on a daily basis. We talk about... Read more »

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 26, 2016

There are to many facts and circumstances in your question. However the first step is to determine whether he is inadmissible. As you may understand, each case is unique. Therefore, we strongly suggest that you look for an immigration lawyer for detailed consultation on your case.

1 Answer | Asked in Immigration Law for Tennessee on
Q: I have a green card and just got a DUI. Will I be deported?
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 26, 2016

A green card can be revoked if the LPR commits certain crimes, in some cases drunk driving convictions. If you received a notice to appear into immigration court for removal proceedings, seek an Immigration Attorney immediately.

1 Answer | Asked in Divorce for Puerto Rico on
Q: If I was under duress and I signed a separation AGR. paying for alimony for life will a judge awad it to her at trial

I was forced by my commander and pressured by family. My ex was physically and mentally abusing towards me. I thought I had to sign it. Now she wants my retirement and alimony. This has been going on since 2012 and if been paying 80% of my pay to her. I just want to be divorced without living in... Read more »

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Apr 28, 2016

If the agreement was signed under duress, It could be set aside by a court for lack of consent. In P.R., support for an ex spouse is base on necessity. Your ex will have to prove the need for the support.

1 Answer | Asked in Child Support for Puerto Rico on
Q: My kids father lives in New York, I live in Puerto Rico w his two kids, where would I proceed w child support.

He currently owes 12,000 but he's MIA. I know he's back home with his mom, what steps would I need to do to try and receive child support?

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 1, 2014

Go to ASUME in PR.

1 Answer | Asked in Family Law for Puerto Rico on
Q: My Mother passed and her husband has kids from previous marriage, by remarrying , how does it change our inheritance?

I understand that 1/2 the house by inheritance belongs to my Sister and I, (he has 4 kids of his own), he is speaking of remarrying, how does that change our inheritance at his passing?The house is located in Puerto Rico. We get along great with our step Dad but we have concerns since he is... Read more »

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 1, 2014

In general you inherit just from your parents. In Puerto Rico the law provide for forced heirs. These are, in general, your children and the grandchildren, etc. The children from other relations of your spouse are not your forced heirs. You should make a will (testament) to include those children... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: Is "execuatur" needed if I got sole custody & physical placement of my kids through the RI family court stipulation; PR?

I live in PR; my wife lived in RI with my two kids but got arrested for 3 felony charges. I went to family court and she agreed to give me sole custody and physical placement, plus I asked for a 2 year restraining order against her on behalf of the kids. Thing is the stipulation document with the... Read more »

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 1, 2014

If the document is not a private document, but a court order, it is necessary the execuator procedure to validate that court order in PR. That process is in the Civil Procedure Rules. In most, if not in all jurisdictions, is such a procedure for the validation of court rulings, orders, etc., from... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: MY MOM PASSED AWAY AND LEFT THE DEED OF THE HOUSE TO 3 CHILDREN BUT SHE HAS 5 KIDS.ARE THE OTHER 2 ENTITLED WHEN SOLD

3 Names are on deed but left out the 2 older Ones.We want to sell the home.Do they have to know

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 1, 2014

If what you said is that the deed of the house reads that the owners are the 3 children, then it is probably that the house is not part of the heritage. However, in general, if there is no will, all her children are her forced heirs. As forced heirs all 5 have the right to receive an equal... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: My wife and I are not legally divorced she left PR to love in fl with her mom and took my 2 yr. She lied and left to see

Her boyfriend in the Dominican Republic leaving my son sick and without diapers I took the next plane to pick him up now 4 months later she wants him back what can I do?.

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 1, 2014

You should file a provisional custody case in court ASAP. Contact a family lawyer or any Legal Services organization. Do it before she makes any allegations and complaints against you before the any law and order authority or in court. In addition, address the legal issue of your separation.

1 Answer | Asked in Probate for Puerto Rico on
Q: My mother died suddenly during a routine operation and left no will. How do I proceed?

My younger brother has begun selling my mothers belongs and kept several of her effects and all of the financial proceeds; plus her vehicle.

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 1, 2014

In P.R., you must file in the court a petition for a Declaration of Heirs.

If you don't have good communication with your brother, it is strongly suggested that you seek a probate attorney ASAP in the area where the house is located.

1 Answer | Asked in Family Law for Puerto Rico on
Q: We got divorced in PR with 2 kids she remarried and so I did and i have a baby with my new wife. Can I reducemychildsupp

Getting out of military in 8 months, can she make my wife pay my child support if I don't find a job

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 1, 2014

There are few questions here.

The only way to determine if you can reduce your payment for child support is thru a new child support calculation process, counting in the new facts: new marriages and new son.

If the new spouse can be responsible for paying child support for you, it...
Read more »

1 Answer | Asked in Workers' Compensation for Puerto Rico on
Q: I had a workers comp case denied 3 times in 2009 due to stress from work i fainted and yet i have been approved for ss

Can i reopen this case since my health has worsen from that fall.

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 1, 2014

It all depends, there is the need of more details and facts to determine if your case can be reopened. I strongly suggest that you gather all the information and documentation of your case and your current health condition and contact ASAP an attorney with SS practice close to your home. It is... Read more »

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: Boyfriend / girlfriend buying property

Basically we are buying property. If he dies before me....will his children take all or part of the condo. He doesn't want his children to get the property. Both our names will be on the mortgage. What do we do or have to do after we Sign.

We live in new York but the property is in... Read more »

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Mar 20, 2013

The law in Puerto Rico provides heirs. In this case, the children are heirs and inherit the father's participation in the condo, including debts. However, the parent may grant a will and dispose of his property as he wills, but always observing the provisions on inheritance in Puerto Rico,... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: My dad passed away in 2010 in Puerto Rico, my sister was in charge of estate. I was completely left out of will.

What can, or should, I do?

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Mar 1, 2013

In Puerto Rico, the law provides forced heirs. In general, the law reserves a minimum of 1/3 of the deceased estate to the forced heirs. A forced heir can be left out of the inheritance by disinheritance through a will and only under the grounds provided by law. If you were excluded of the... Read more »

1 Answer | Asked in Divorce for Puerto Rico on
Q: I need to get my divorce she live in puerto rico Im living in georgia because my job I cant travel there to file
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Mar 1, 2013

If you want to file for divorce in P.R., we recommend you hire a lawyer in Puerto Rico. We suggest you contact a lawyer close to where she is living. However, it is probable that you can file for divorce in GA, however, you need to serve her in P.R.

1 Answer | Asked in Family Law for Puerto Rico on
Q: Can and how can I give up my part of the inheritance which I don't want any part of from Florida where I live?

My mother past away and her brother and sisters are trying to divide their inheritance in Puerto Rico and obtain a title for each one, we are four brother and sisters for my mother's part. Can and how can I resign on my part of the inheritance which I don't want any part of from Florida which I... Read more »

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Jan 17, 2013

In general, In Puerto Rico, for resign your part of the inheritance it has to be thru a public document before a Notary Public. If you are out of Puerto Rico, you have the option to give a Power of Attorney for sign the public document before the Notary Public.

1 Answer | Asked in Divorce for Puerto Rico on
Q: How can I get a copy of my divorce decree from Puerto Rico
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Dec 17, 2012

You may request a copy in the CLERK'S OFFICE or inactive cases office of the court where you obtained the divorce decree. Having the case number will be helpfull to the Clerk in finding your file.

If you are out of Puerto Rico, you wll need to authorized someone to request the document at...
Read more »

1 Answer | Asked in Divorce for Puerto Rico on
Q: How can I get a copy of my divorce decree
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Dec 17, 2012

You may request a copy in the CLERK'S OFFICE or inactive cases office of the court where you obtained the divorce decree. Having the case number will be helpfull to the Clerk in finding your file.

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: Diferencia entre seguro de vida y herencia?
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Dec 17, 2012

En general, en P.R la herencia comprende todos los bienes, derechos y obligaciones de una persona, que no se extinguan por su muerte. Por su parte, el "seguro de vida" es un contrato y se pagará a aquel designado en el contrato. No es parte de la herencia. Sin embargo, el viudo o la viuda podría... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: What is the law for a 19 yr old who did not have permission to stay in another state?
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Dec 4, 2012

In general, see Puerto Rico Civil Code, art. 25 (31 L.P.R.A. §82); Art. 247(31 L.P.R.A. §901).

1 Answer | Asked in Medical Malpractice for California on
Q: WHAT CAN I DO? NEED MY LIFE BACK

In ca. my dr. preformed 20 sur. procedures in a 3 1/2months that were'nt all needed.The first 6 blasts produced no results, and i had nothing phy. happen to even prove they were oreformed. My kidney stone never even moved. That was proved with x rays I had 5 stents 4 almost neat death renial... Read more »

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Nov 29, 2012

I would strongly suggest you contact a medical malpractice lawyer in your area to evaluate your case. Please be advised that status of limitation may be running out.

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