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Questions Answered by Stephen Arnold Black
2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Will it be faster/easier for my girlfriend (who lives in Ecuador) to apply for a work visa or fiancé/marriage visa?

So my girlfriend recently had her interview at the U.S. Embassy down in Ecuador to get her tourist visa and was denied. She really wants to come here as do I because it becomes expensive flying down to her 2 times a year. We think we’re ready for marriage so should she try to apply for a... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 4, 2022

You should sponsor her for a fiancé visa. From start to finish the entire process takes about two years before she’s able to travel here on the K visa. Then within 90 days, she and you have to get married or else the visa will be revoked. You should retain counsel to handle the process from... View More

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3 Answers | Asked in Immigration Law for Texas on
Q: I am a us citizen and I want to marry a girl in india

Hello, I am a us citizen and I want to marry a girl in india but she is going through a divorce and also have a 4 year old daughter, so I wanted to know how will I be able to get her and her daughter to the states? I know I will have to wait until her divorce is finalized in india but what process... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 2, 2022

You can either pursue a pathway through a fiancée visa after the divorce of your girlfriend, or you can pursue a spousal visa pathway after the divorce and re-marriage to you. Both processes are taking about the same time, with the fiancée visa pathway taking slightly less. You should retain... View More

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1 Answer | Asked in Immigration Law for California on
Q: How can I obtain a green card if I over stay my visa 13 years ago?

I have two kids born in USA 8 and 11 years old.

Never have a issue with low enforcement Nat even a parking ticket.

Paying taxes every year.

Thanks

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

If you entered the USA with permission, you could be sponsored for a green card by your US Citizen child once that child reaches the age of 21, despite your overstay. Additionally, if you marry a US citizen, he could sponsor you for a green card despite your overstay.

2 Answers | Asked in Personal Injury for Florida on
Q: As a parent to an injured child, am I able to pursue parental loss of consortium?

My child was injured at daycare and was put in a spica cast for 4-5 weeks. Life has been anything but “normal” since this happened. I have been sleeping next to her on the couch every night while she wakes up 2-3 times a night, on opposite nights of my husband. Things have become stressed... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

I think I responded to a question that you had earlier. An injury of this type can be very serious that could have permanent consequences for her in her future. Accordingly, the only way that you’re going to get justice is to file a lawsuit so you can get full “discovery” from physicians... View More

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2 Answers | Asked in Probate, Divorce and Family Law for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

You would need to hire a family law lawyer here in Florida. He would need to domesticate the foreign Massachusetts Alimony order here in Florida. Once that transfer is made, you can then enforce that via discovery and contempt if need be.

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4 Answers | Asked in Personal Injury for Florida on
Q: Can I sue a daycare for negligence and personal injury?

My child broke her femur at daycare. They didn’t call 911 they called us. Stated they found her on the ground crying. We picked her up and it was considered a spiral fracture from being stuck. Now we have accumulated mass amounts of medical bills from the transport and surgery. They are also... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 27, 2022

You should retain counsel on contingency fee here in Florida which means you don’t pay anything unless you win. Additionally, Counsel should get a preservation of evidence letter out immediately to see if there’s any video footage that needs to be preserved. Act quickly. This website prohibits... View More

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3 Answers | Asked in Civil Litigation and Personal Injury for Florida on
Q: I am presently being sometimes respected sometimes not by Rubinstein in law. The whole firm has ignored my injuries

My rights I am on SSDI they have been ignored. I went to college for paralegal studies. I am undergoing so many surgies. He put on public record that Megan paradis is suing Publix with no representation. My injuries have been ignored. Now supposedly him and Irwin ast and Leo are my co... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 24, 2022

You have the unconditional right to discharge your lawyer at any stage of litigation. Once you hire a new attorney, the old attorney will have a lien on the new attorney’s share of the disbursement once the case settles. (For work done by the old lawyer). In other words the Lien will not attach... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: I have a friend in Nigeria that I would like to come visit me. I know tourist visas are not always approved.

Do I need a lawyer to help facilitate the process?

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 22, 2022

Tourist visas are issued to the visitor based upon his financial condition alone and not the host’s financial condition. He would need to show a letter from his employer, bank statements showing payroll deposits, paystub’s, tax returns, and a property appraisal if he owns property. All of these... View More

2 Answers | Asked in Child Support and Family Law for South Carolina on
Q: I slept with a woman and had a one night stand. She is insisting I'm father. I don't agree. If so I want to sign over.

I want to sign over rights to child as I do not believe to be this child's father. Would I still have to pay child support if I relinquish rights to this child, if it ends up being mine? I truly believe it's not mine due to nature of the individual and timing or information given. She has... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 22, 2022

The child’s mother can serve you with a paternity action to establish parentage and the court will order a DNA test upon you. If it’s determined that you’re the biological father, then the court will order you to pay monthly child support until the child reaches age 18. You’re decision to... View More

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2 Answers | Asked in Traffic Tickets for Florida on
Q: My fault failure to yield. Changed if other driver was speeding?

I stoped and then proceeded through intersection. There was a curve where he was coming from and partially instructed view. As I went through the intersection his car hit mine. Would they change the at fault if he was found to be speeding. He's trying to sue me now and they did no... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 21, 2022

You should retain an attorney to file suit against the other driver. The police report is not dispositive of who was at fault. A clever attorney can hire an expert witness to establish that the other driver, and not you, was at fault.

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1 Answer | Asked in Immigration Law for Florida on
Q: Doing i864. My last tax return wasn’t suffice. My current anticipated income does. Do I still need a joint sponsor?

My last tax transcript was 2020 and it wasn’t sufficient. My 2019 met the requirements & I didn’t file for 2021 as I was unemployed.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 20, 2022

If your current anticipated income satisfies the minimum threshold for your household size, then provide 6-12 months of bank statements showing payroll deposits into your account, a letter from your employer indicating what your monthly income is and how long you’ve been employed, as well as... View More

1 Answer | Asked in Immigration Law for California on
Q: I’m starting the process of filing a K-1 Visa for my foreign wife and found out she’s 3 mo. pregnant. Should I wait?

I haven’t submitted the i129f form needed to start the process.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 18, 2022

The sooner that you start the process the better because it’s going to take at least two years before she has permission to travel to the US on a K fiancée visa. Better yet, you should retain counsel to handle the case from start to finish because it has to go through multiple federal agencies... View More

1 Answer | Asked in Wrongful Death for Illinois on
Q: My son sadly took his own life at the age of 17. He was seeing a therapist for some time. My exwife left multiple

Loaded guns unlocked in her bedroom. I believe she was completely negligent in doing this. States attorney is attempting to file reckless endangerment charges and one other charge. We had a verbal agreement since my son was 11 to have both guns and ammo locked up separately and our son not to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 16, 2022

My deepest sympathies on your loss. There may be a potential civil suit you could bring against your ex wife depending on where the act occurred and who were the household residents where the event happened. Discuss with counsel in a free private phone call. Again my deepest condolences.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I hold a Jordanian passport with B1/B2 visa. am I eligible to file Adjustment of Status via petition request?

I hold a Jordanian passport with B1/B2 visa. am I eligible to file Adjustment of Status via petition request?

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 10, 2022

Holding a valid passport from a foreign country and entering on a visitor visa does not entitle you to adjust status to get a green card. You can only adjust status if you have a sponsor either through a family or employment-based category. You should discuss the facts of your case in a private... View More

2 Answers | Asked in Libel & Slander for Florida on
Q: What criteria needs to be met for a defamation of character lawsuit?

Someone has posted false information about me on social media which could potentially be very damaging to my personal and professional life.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 9, 2022

I agree with my colleague Mark. One thing I would add is if you do maintain a cause of action against the party who defamed you, a lawyer would be reluctant to take the case unless there was a potential source of recovery. Homeowners insurance policies do protect against their insured if they make... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: Canadian hub rcvd 3 yr ban for xing border to shop- he had overstayed visa during Covid closure. Waiver poss?

Im his US wife. He is Canadian citizen. We are currently in our respective countries for wk. He overstayed here last year by 216, but border was closed most of that time. Hes been back in Canada doing contracted work since last Oct.Last night he crossed from BC to Seattle to shop and got detained... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 6, 2022

If a foreign national overstays his permission to stay by six months to a year, and exits the United States he is banned from returning for a period of three years. If he overstayed his permission to stay by a year or more, and exits the United States, he is banned from returning for a period of 10... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Florida on
Q: Who is liable for damages? Was she even suppose to be driving the vehicle without having general tags or temps on?

My husband was just in a car accident in FL with a driver that has NJ dealer tags on them, which she is not the owner nor dealer.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 1, 2022

Your husband can pursue a case against the driver and the car owner under the Dangerous instrumentality doctrine. Retain counsel here in Florida on contingency fee, which means your husband doesn’t pay anything unless he wins the case.

2 Answers | Asked in Family Law for Florida on
Q: What rights does a grandmother have to her grandchild in Florida if her son- father of the child was killed?
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 3, 2022

A grandmother can always petition the court for custody or visitation rights of a grandchild, as an “interested party”. If your son was killed on the premises that lacked security, then you could bring a lawsuit as a guardian ad litem for the child to sue for the wrongful death of his father.

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Hi, Can I get my deposit back and any damages or money spent for a retail space I did not move into?

I signed a contract and paid deposit for a unit retail space at a plaza. The previous landlord sold the plaza. The new landlords obtain a property management company. The property management company hardly responds to my calls or text. I never moved into the property and now they are saying I am... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 30, 2022

The general rule is that if a property is sold, the the new owner would have to take the property subject to any leases that exist at the time title transfers. However, there may be exceptions. You should have counsel review the leasehold agreement for advice.

1 Answer | Asked in Family Law and Immigration Law on
Q: I have a question about the I-130 petition

I have a question about the I-130 petition. If my wife and I arrive to the USA with our child first, and my mother then submits an I-130 petition, am I allowed to stay in the country with my family while the petition is being decided? Please provide a rule explanation and some references regarding... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 21, 2022

You need to look at the department of state visa bulletin board final action dates, to determine roughly how long your case processing will take until your priority date is current. Because you are being sponsored, I assume , by a US citizen mother, and you are an adult married son, you would be in... View More

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