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Questions Answered by Stephen Arnold Black
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

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Can i sue the humane society if the dog i rescued bit my face?
Stephen Arnold Black
Stephen Arnold Black
answered on Oct 21, 2022

The answer is it depends. In some cases, a shelter may have knowingly played down a dog’s aggressive tendencies or even failed to mention it to a family considering adopting the dog. In a case like that, there may be grounds for legal action against the organization that adopted the dog out.

2 Answers | Asked in Immigration Law for Missouri on
Q: I want to sponsor my parents, I turn 21 in July. We currently live abroad, do I need to move back to the US?

I am a US citizen turning 21 in July and want to sponsor my parents, do I need to move back to the US to do so? Also my parents were denied a tourist visa twice, so the process will need to be done from the Uruguayan Embassy

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

A US citizen over 21 years old can sponsor mom and dad for their green cards. At the interview you will be required to prove that you have taken concrete steps to move back to and make the United States your domicile.

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2 Answers | Asked in Immigration Law for Nebraska on
Q: Visa application

I am currently filling out visa application for my parents , say it gets rejected are they able to deport my parents if rejected?

Stephen Arnold Black
Stephen Arnold Black
answered on May 17, 2024

A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US with permission. This is true even if they overstayed their visa. If the case is handled correctly, their cases won’t get rejected. Retain an immigration lawyer who will process the case so it goes smoothly... View More

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: What happens when apply for Fiancee Visa, get married, then apply for Spouse Visa?

Hallo!

We are juuuuuust trying to spend time together. We are older (55 and 61); the sands of time...

I get you will do your due diligence and request we be sure we're good for one another and appreciate that; spend more time, together, etc. We are both professionals and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 14, 2024

If you file for a fiancé visa but then get married, your fiancé visa case will be abandoned.

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3 Answers | Asked in Immigration Law for Tennessee on
Q: If I, US citizen, get my foreigner wife pregnant, how would that affect the visa process?

I’m a US citizen and I’m planning on marrying my Fiancée. We also plan on getting pregnant as soon as we marry. How does that pregnancy affect the CR-1 visa process? Does it speed it up or slow it down? What would I need to prepare for in terms of documents for both my child and wife?

Stephen Arnold Black
Stephen Arnold Black
answered on May 12, 2024

Having a baby doesn’t affect the processing speed of a fiancé visa unless there’s a medical necessity to have medical attention in the US that couldn’t be administered overseas.

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5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 9, 2024

Relax. Most claims are just settled for policy limits because attorneys don’t like chasing debtors assets. If the case does settle for policy limits, the plaintiffs counsel will request that you execute a net worth affidavit which you can choose whether to sign or not.

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2 Answers | Asked in Divorce for Florida on
Q: What rights do I have if my ex didn’t refinance the home per the Divorce Decree in Florida?
Stephen Arnold Black
Stephen Arnold Black
answered on May 8, 2024

You could make a motion to compel with the court to force him to refinance, but if the lender won’t qualify him based on his financial strength, there is really nothing that the court could do except a possible order of partition.

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2 Answers | Asked in Immigration Law on
Q: Does marrying my Argentine girlfriend grant me citizenship?
Stephen Arnold Black
Stephen Arnold Black
answered on May 7, 2024

It’s unclear if you want to gain US Citizenship for your Argentine Girlfriend or gain Argentinian citizenship for yourself as a US Citizen in Argentina. Please elaborate.

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2 Answers | Asked in Immigration Law for Texas on
Q: I am looking to marry a gentleman who is Lebanese. Would it be quicker to get his visa as a Fiance' or a Spouse?

We are debating which would be the smoothest/quickest option and am finding conflicting information. We have no issue hiring an immigration lawyer but I just want to make sure we take the route that is quickest without causing future roadblacks.

Stephen Arnold Black
Stephen Arnold Black
answered on May 7, 2024

Currently, the Fiancé visa pathway has a wee bit faster processing speed than the spousal visa pathway.

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2 Answers | Asked in Immigration Law for Florida on
Q: I have been married to my Brazilian wife for 6 years. I have had some health issues and cannot sponsor her

My income was not high enough. She has been at the same job for 5 years. What are our options without a sponsor?

Stephen Arnold Black
Stephen Arnold Black
answered on May 7, 2024

A US Citizen without sufficient income to sponsor his spouse for her green card can enlist a joint financial sponsor. The joint financial sponsor must be either a US Citizen or green card holder who lives in the US.

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2 Answers | Asked in Immigration Law for New York on
Q: My wife and I applied for her American residency last year January and to this day, it says that it is still pending.

A couple of months ago, we moved to her home country (Spain) because of health issues she was having (4 times checked in to the hospital for week long stays in the span of 12 months). Now, we’re trying to figure out what the next step is to go back to America and continue our residency. So far,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 7, 2024

It’s unclear what type of immigration case you filed. If you filed for her green card through marriage based adjustment of status while inside the US but then left, USCIS will deem the case abandoned. Reach out to an immigration attorney for more specific advice.

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2 Answers | Asked in Immigration Law on
Q: Green card marriage out of status will I need a waiver?

Hi!

I’ve been studying in the us for 4 years. When I graduated in February 2023 I applied for opt that got denied. I later filed a motion to reopen and after staying in the us for 11 months to hear back from USCIS without success, I decided to leave and went home to Sweden in January... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 26, 2024

F-1 students admitted or in the US for duration of stay (D/S) do not accrue unlawful presence to be subject to the 3/10 return bars. Reach out to immigration counsel for more specific advice.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can my Irish fiance and I marry in the US during his visit and then return to Ireland for it to be recognized there?

The plan is for me to move to Ireland to live with him, but it seems like it may be easier if we marry in the US (less paperwork). What are the requirements for him to legally marry me here in the US? And will it be valid and recognized as a marriage back in Ireland?

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 24, 2024

That depends on Irish law. Speak with an immigration lawyer in Ireland.

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2 Answers | Asked in Immigration Law and Domestic Violence for Michigan on
Q: If my husband filed for VAWA and made up a few things about me; is it possible he will get his papers?

My husband filed for a VAWA. He made up a few things about me when he spoke to his lawyer. I found this out because he asked me for help on one of his papers. Obviously, I read everything and got angry. Some of things he said was true but some were false. He made this ugly character of me. I was... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 24, 2024

Husband has the burden to prove that he was the victim of physical or emotional abuse during the relationship. This is largely within the hearing officers discretion to either approve or disapprove.

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3 Answers | Asked in Immigration Law for Florida on
Q: Question about I 485 approval

Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.

is that mean I got the green card?

and I didn’t had any interview but I got approved my 130 and I 485

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 20, 2024

The answer is most likely yes. Biometrics are often times requested again if significant time has passed.

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2 Answers | Asked in Immigration Law for Arizona on
Q: Lost job after applying for greencard ?

Hello I applied for my wife's greencard 2 weeks ago and then I just lost my job. My wife is on work visa and she makes in 6 figures on her own which we mentioned on the application.

Would this affect our chances? If yes, is there anything we can do about it?

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 12, 2024

The income of an immigrant spouse who has permission to work in the US can be counted in the affidavit of support. So if your spouse makes over $28,000 per year currently, you should not need a joint sponsor.

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