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Questions Answered by Amanda B Cook
1 Answer | Asked in Contracts and Health Care Law for Alabama on
Q: I am a professional that had an agreement with an attorney to provide expert medical testimony.

At one point in our work, one of the attorneys (whom I was working for the benefit of) threatened me with litigation because I did not return his/her phone call, and it had only been 36 hours since their request for me to call them. I notified that attorney in reply that I felt this behavior was... Read more »

Amanda B Cook
Amanda B Cook answered on Jul 29, 2021

If you want to get out of the contract, then you should take the written agreement to a contract attorney who works in a different area than the attorney you are having trouble with, and see what they have to say about the terms.

If you feel the conduct was unbecoming of an attorney enough...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: Want to Quickclaim one-ninth (1/9), undivided interest in real estate property, Perry County, AL.- need correct wording
Amanda B Cook
Amanda B Cook answered on Jun 29, 2021

The term is "Quitclaim". And it sounds like you're about to make a mess of your title. I strongly encourage you to seek a paid consultation with an experienced real estate attorney who can help you accomplish your goals.

1 Answer | Asked in Real Estate Law for Alabama on
Q: If you have co owners to a property and one has not been seen in 15 years can you have them forfeit it?

My stepfather deeded his land to my 6 year old son and his daughter in law before he died in 2006. We have not seen daughter in law since. We pay taxes and maintain property and now my son is of age and would like to set up residence on land but a little scared she will come up 10 years down the... Read more »

Amanda B Cook
Amanda B Cook answered on Apr 30, 2021

There is a slight chance that ousting a co-tenant can be successful but it takes at least ten years, knowledge of her whereabouts, and specific actions on your son's part which would necessitate him consulting with an experienced real estate litigator. It is such a rare occurrence that... Read more »

3 Answers | Asked in Immigration Law for New York on
Q: What are my options?

I am Canadian citizen residing in NYS on a H-4 visa. I recently found out that I was aging out of my visa, as I am turning 21 years old this month. Is there a way for me to remain in the United States? I have looked into switching my H-4 visa to a F-1 visa. I have also looked into getting an... Read more »

Amanda B Cook
Amanda B Cook answered on Jan 4, 2021

This is really more of a personal choice. Just don't accumulate too much overstay time.

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1 Answer | Asked in Real Estate Law and Estate Planning for Alabama on
Q: My dad got divorced, had no will, and passed away. His ex wife’s name is still on the house.

My dad and his ex wife got divorced before they could come to an agreement on the house. She hasn’t been in the house over 10 years. He passed away with no will in place. He has two biological children(me and my sister) and a daughter that he and his ex wife adopted. The ex wife doesn’t want to... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 18, 2020

To evaluate this fact pattern, an attorney will need to look at your father and his ex wife's Deed. However, it sounds like she could own half or possibly even the entire property, and yes you are correct that she could evict you or petition a court for a sale of the house at any time... Read more »

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Naturalization with expiring conditional green card. Should I renew my green card/ remove conditions/ change/ etc?

I applied for naturalization with qualifying military service in October 28th. USCIS's estimate case completion is July 2021 and my conditional green card expires in May 1st, 2021. Do I need to apply to remove conditions on my card/ renew card? Thanks a lot for reading this!

Amanda B Cook
Amanda B Cook answered on Dec 18, 2020

You do need to have the conditions removed, but you can do so concurrently with a citizenship application. Go ahead and make the application and then call the 800 number to see if they will consolidate once you get your receipt for the 751.

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1 Answer | Asked in Immigration Law for Indiana on
Q: I have an urgent US immigration question.

I am a lawful permanent resident of the USA (green card holder) married to a US citizen. My husband is in America but I left America in October 2019 to visit family in the UK. I know that as an LPR I should not really have stayed out of the USA for over a year but due to covid and my own personal... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 13, 2020

I agree with the lawyers who've told you to get on the plane.

2 Answers | Asked in Immigration Law for California on
Q: B2 visa extension

I am currently on a B2 visa in the US. I entered the US in Feb 2020. At my entry, I was issued an I-94 that was valid for 6 months. I applied for a 6-month extension 45 days before my I-94 expired in June and I received a receipt in early July, I have not received a decision on my I-539 yet.... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 9, 2020

No. B2 is only extendible once.

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1 Answer | Asked in Immigration Law for Indiana on
Q: How can I prove I’m a legal resident with an expired green card?

My green card is expired but I have paid for, and am awaiting, my biometrics appointment (which was initially cancelled due to COVID). Unfortunately my wife and I are attempting to refinance our mortgage and the bank will not move forward with our application since my card has expired, our loan is... Read more »

Amanda B Cook
Amanda B Cook answered on Sep 28, 2020

If your I-90 is outside of processing time, you might be able to get an info pass appointment for a 551 stamp. Otherwise, you might have to wait.

2 Answers | Asked in Immigration Law for Texas on
Q: I would like to know if my father applied for citizenship here in the US if there is a chance he can obtain it.

He committed a crime in 1982. It appears as such: CRIME CLASSIFICATION: Felony First Degree, OFFENSE CODE: 356215, OFFENSE DESCRIPTION: Pos Marij Over 2000 LB, and received 10 years probation, which he completed and has all the documentation. He has had no other criminal behavior and has since... Read more »

Amanda B Cook
Amanda B Cook answered on Sep 22, 2020

Aggravated felony issues are complicated and you should seek a paid consultation with an attorney experienced in such matters.

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2 Answers | Asked in Immigration Law, Constitutional Law and Gov & Administrative Law for Kansas on
Q: What type of application I need to submit to get my citizenship?

We immigrated to the USA and then my family got their citizenships after 5 years, but at that time I was under 18 and I wasn’t able to get mine, according to the lawyer who filed my parent’s citizenship application. But I got a US passport using my parent’s citizenship. Now I’m 23 and I... Read more »

Amanda B Cook
Amanda B Cook answered on May 19, 2020

That doesn't make any sense. You were likely included on your parents' application and are a citizen, but just mistaken. You should file a FOIA request to find out what's really going on, through a lawyer.

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1 Answer | Asked in Immigration Law for Arizona on
Q: Dual citizenship last name mismatch between 2 passports due to marriage. How to prove that both names are mine?

On passport of my origin country i have my maiden last name and on US passport i have my maiden last name + my married last name. The marriage happened in my country of origin, but later on, my husband changed his last name to reflect his biological father's last name trough the US court, so... Read more »

Amanda B Cook
Amanda B Cook answered on May 19, 2020

It's difficult to tell whether you are asking about US policies or the policies of your home country. If your home country is the one giving you the problem, then you need to speak to a lawyer who is licensed there. But generally speaking, you need to follow the paper trail. That means you... Read more »

2 Answers | Asked in Employment Law and Immigration Law for California on
Q: Can I work remotely from home office (in another country) on a TN Visa? If so, how long?

I am a Mexican working in the US on a TN Visa. I would like to work remotely while covid quarantine... Nothing will change, still the same company and position, but I want to know If I am allowed to work from Mexico (another country) for a couple of months... and If it is allowed, how long can I do... Read more »

Amanda B Cook
Amanda B Cook answered on May 18, 2020

I agree with the former answer. If you can work remotely, it should't affect your TN status for the period it is valid. I would only add that might need to consult tax professionals in both countries and in TN.

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3 Answers | Asked in Immigration Law for Texas on
Q: Can I still file an I-130 now that I am married to a U.S. Citizen?

During this COVID-19 pandemic, with USCIS Field Offices closed, can I still file an I-130 now that I am married to a U.S. Citizen?

Amanda B Cook
Amanda B Cook answered on May 6, 2020

Yes. I recommend you file as soon as possible to get a place in line. It may not be processed quickly, but there's no reason not to file.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: I am buying an old house that may be sitting, partially, on the neighboring property. Can they make me remove it?

I am in the process of buying an old house (they don't even have the year it was built on record) that sits on the very corner of it's property. When looking up tax information I have seen some land line overviews that make it look like a corner of the house actually sits on the... Read more »

Amanda B Cook
Amanda B Cook answered on May 4, 2020

You can buy it, for what it is worth. You may not be able to get title insurance without a special endorsement or exception, which is usually only problematic if you need a loan to purchase. You need to do some research on how long the house has been there, there is a statute of limitations on... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Alabama on
Q: If the picture on the deed an a servey don't match what does the law say or do
Amanda B Cook
Amanda B Cook answered on May 1, 2020

There really isn't enough information here to give you an opinion. You should take the deed and the survey to an experienced real estate attorney.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can someone else legally claim some of our farm property that has been fenced 48 years? We have paid property taxes.

Current tax maps do not show our property correctly.

Amanda B Cook
Amanda B Cook answered on Apr 28, 2020

Your question is a bit unclear as to who has had the property fenced for 48 years, you or the opposing party. There are many facts that are not contained in your question that would affect the outcome of the answer. I strongly suggest that you seek a consultation with an experienced real estate... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Alabama on
Q: When seeking residential building permits on what's considered heir property, do local road construction requirements,

When seeking building permits for residential homes on heir property, can the municipality require roads that have sidewalks curbing and drainage before construction is permitted

Amanda B Cook
Amanda B Cook answered on Apr 20, 2020

Your question is not very clear from the context, you seem to be confusing your issues. If you are trying to develop a piece of real estate, especially one to which title may not be clear due to inheritance issues, you should definitely invest in a consultation with an experienced real estate... Read more »

2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: G’mom died in Alabama. Two children: my father & his sister. My father died. Two children: me & brother. Aunt- none

How do I claim my portion of the property? My father left a will naming me and my brother as heirs. I am not sure if my grandmother, a widow, left a will. There are two houses and land. Everything is still in my grandmother’s name. My aunt stated her heirs are me, my brother and my two... Read more »

Amanda B Cook
Amanda B Cook answered on Apr 20, 2020

I agree with Sheila, you need a lawyer to help you open an Estate.

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2 Answers | Asked in Real Estate Law for Alabama on
Q: My closing attorney during the purchase of current home from back in 2004 claim they can not provide a copy of my

Owner's Title Insurance Policy, a copy of which I paid for back in 2004, due to them not retaining documents from back in 2004. As I never received the Policy back in 2004, can not the attorney issue me a new one without me paying a second time?

Amanda B Cook
Amanda B Cook answered on Apr 14, 2020

Attorneys in the State of Alabama generally only are required to obtain documents for six years. 2004 was a very long time ago. You might reach out to the title insurance company, if the attorney's office remembers who their underwriter was. There's no guarantee, though, again - that was... Read more »

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