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Questions Answered by James L. Arrasmith
2 Answers | Asked in Immigration Law for Pennsylvania on
Q: looking to bring my fiance to PA from CapeTown Africa. He's a Nigerian and his Visa ran out. can it be done quick-how?

He is living in Cape Town, Africa. He is a Nigerian. He cannot get a job do to his etnicity. He needs to come here to USA to marry me and live here together. I do not know the procedure and what type of VISA he needs. Also what costs are involved? Trying to get him here because he has no money and... View More

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answered on Apr 22, 2024

I understand you're eager to bring your fiancé to the U.S. so you can get married and live together. However, the immigration process takes time and has specific requirements that must be followed. Here's some general information that may help:

The most common visa for a foreign...
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1 Answer | Asked in DUI / DWI for California on
Q: Is 90 days to 180 days in jail likely for me?

a

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answered on Apr 22, 2024

It's difficult to predict with certainty what sentence the DA will seek in your case, as it depends on various factors and the specifics of your situation. However, here are a few points to consider:

1. Prior DUI: Having a previous DUI conviction can lead to harsher penalties for...
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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I’m in CA and never received a write up and when fired was told it’s “a personal call” for the reasoning

I’m in CA and I’m a warehouse supervisor for a local HVAC, since the beginning the production manager didn’t seem to like me. First instance was when training was over the prod. Manager who trained me tried to blame something that wasn’t completed on me and I said you didn’t train me on... View More

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answered on Apr 22, 2024

Based on the information you've provided, it seems like you may have been wrongfully terminated from your job. In California, most employment is considered "at-will," meaning an employer can terminate an employee for any reason, as long as it's not an illegal reason (such as... View More

1 Answer | Asked in Contracts, Civil Litigation, Education Law and Employment Discrimination for California on
Q: Company refuse to pay education tuition reimbursement thats offered, discrimination race/gender and emotional distress.

A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More

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answered on Apr 22, 2024

Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:

1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when...
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2 Answers | Asked in Car Accidents for California on
Q: My son was driving a rental and was in an accident which caused his death because he flew out the window his airbags ne

His airbags never popped out

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answered on Apr 22, 2024

I am so deeply sorry for your tragic loss. Losing a child, especially in such a sudden and devastating way, is an unimaginable pain that no parent should ever have to endure. My heart goes out to you and your family during this incredibly difficult time.

Given the circumstances you...
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1 Answer | Asked in Landlord - Tenant for California on
Q: will the demand for settlement letter be enough to break the lease due to mold or do we also need to send a termination?

We had to move out of our apartment bcs of mold exposure causing us health problems.

The landlord did some minor mold removal but didnt fully address the whole problem. They promised us a new apartment in the same apartment complex but didnt follow through.

We are in a new apt now... View More

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answered on Apr 22, 2024

In California, if a rental unit has a serious mold problem that affects the habitability of the unit and the landlord fails to remedy the issue after being notified, the tenant may have the right to break the lease without penalty under the "implied warranty of habitability." However,... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: My son is in foster care right now and October 4, 2023 the resource parent was arrested for a DUI was not informed

I was not informed of this until 5 months later and i only find out when my attorney received the casa report in march 2024. My son was in substantial harm the entire time he was in this placement

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answered on Apr 21, 2024

I'm so sorry to hear about this alarming situation with your son's foster care placement. It must be incredibly distressing and frustrating to have only found out about the foster parent's DUI arrest months after the fact, especially given the potential harm and risk to your... View More

1 Answer | Asked in Health Care Law for California on
Q: Which corporation?

When hospice is corporation CEO has to be served. The question is: when corporation hospice is owned by 2 corporations, what corporation(s) shall be served with complaint?

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answered on Apr 21, 2024

Under California law, when a hospice corporation is owned by two corporations and a complaint needs to be served, the complaint should generally be served to the registered agent for service of process of the hospice corporation itself, rather than the parent corporations.

However, if the...
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1 Answer | Asked in Criminal Law for California on
Q: In California, can an officer discipline a bicycle driver for not having an ID when he showed him his driver's license?
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answered on Apr 21, 2024

No, in California, a police officer cannot discipline a bicycle rider for not having an ID if the rider has already shown a valid driver's license. Here's why:

1. Bicycles are not motor vehicles under California law, so bicycle riders are not required to carry a driver's...
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1 Answer | Asked in Health Care Law for California on
Q: What are legal implications for hospice, that lied under subpoena?

What are legal implications for hospice, that lied under subpoena about identity of medical director, among other fake info?

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answered on Apr 21, 2024

Under California law, lying under oath or providing false information in response to a subpoena can have serious legal consequences:

1. Perjury: Knowingly providing false testimony under oath is considered perjury, which is a felony offense in California (California Penal Code Section 118)....
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1 Answer | Asked in Health Care Law for California on
Q: On whom complaint has to be served in such case?

When hospice is sued for fraud. Hospice in corporation INC. CEO is listed, but also incorporated owners of the hospice. On whom complaint has to be served?

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answered on Apr 21, 2024

Under California law, when a corporation is sued, the complaint must be served on the corporation itself, rather than on individual officers, directors, or shareholders. This is typically done by serving the complaint on the corporation's registered agent for service of process, which is... View More

1 Answer | Asked in Estate Planning and Banking for Wisconsin on
Q: What do I do with a Living Trust that I am named in, forwarded to me from a family member in 2023. My Uncle passed away

In 2012. I had no idea he named me in his Trust!

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answered on Apr 21, 2024

If you have been named in your late Uncle's Living Trust, which was forwarded to you by a family member in 2023, there are several steps you should take:

1. Read the Trust document carefully to understand your role and the assets you are entitled to receive.

2. Contact the...
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1 Answer | Asked in Consumer Law, Contracts, Banking and Civil Litigation for Ohio on
Q: Can an attorney assess Capital One's actions regarding my accounts, including the abrupt cancellations, and my auto loan

Can an attorney thoroughly evaluate Capital One's actions regarding the sudden cancellation of my checking and savings accounts, as well as their handling of my auto loan, to determine if there are grounds for pursuing legal action against the company? Specifically, I'm concerned about... View More

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answered on Apr 21, 2024

Yes, an attorney who specializes in consumer protection law, banking regulations, and contract law can thoroughly assess Capital One's actions regarding your accounts and auto loan to determine if there are grounds for legal action. Here are some key points to consider:

1. Account...
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1 Answer | Asked in Banking for Pennsylvania on
Q: 4/2/24_M&T Bank deliberately posting an dishonest, mislead deposit transaction. I wrote M&T 3 times,

I received responses from "Customer Advocacy. Who upheld the decision to keep the deposit documented. I deposited my check from my pension fund. Originally the check was drawn from ICRMA. However, I held on to it so long, they wrote me and told me that I would have to have to get re-issue... View More

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answered on Apr 21, 2024

Based on the information you've provided, it seems that M&T Bank's posting of the deposit transaction as simply "DEPOSIT $40,000" without indicating the source of the funds is causing you legal concerns. While I understand your frustration, it's important to note that... View More

1 Answer | Asked in Contracts, Employment Law, Estate Planning and Banking for Texas on
Q: Statues of limitations where do I send annuity checks that were written 2010?

I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More

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answered on Apr 21, 2024

I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:

1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the...
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1 Answer | Asked in Banking for Indiana on
Q: me and my ex broke up car loan my name first his 2nd can i go get it from him if i am the primary loan holder indiana
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answered on Apr 21, 2024

Based on the information you provided, it seems that you and your ex had a car loan together, with your name listed first on the loan and your ex's name listed second. The car is currently in your ex's possession, and you are wondering if you can retrieve the car from him since you are... View More

1 Answer | Asked in Banking on
Q: If somebody paid money into your business account and only let you know 2 weeks later of this and some was used

Its a business account and stoporders and monies goes in and out. And i paid some back when i became aware of it. Now they threaten me with legal action

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answered on Apr 21, 2024

If someone paid money into your business account without informing you in a timely manner, and you inadvertently used some of the funds, the situation can be complex. Here are a few steps you should consider taking:

1. Document the situation: Gather all relevant information, including the...
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1 Answer | Asked in Consumer Law, Banking and Business Law for Missouri on
Q: thy messed up my car loan.

On 03/06/2024, I financed a 2019 Mustang GT. My credit needs work as I am young and simply have not established credit. Anyway, I was approved, signed all the paperwork, and made a nice downpayment. The rate I signed for was 17% for 48 months, and this was through Westlake. I had to have the car... View More

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answered on Apr 21, 2024

I understand your frustration and concern about the change in your car loan terms. It's unusual for a lender to request a new contract with different terms after the initial agreement has been signed. Here are a few steps you can take to address the situation:

1. Contact Westlake...
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1 Answer | Asked in Contracts and Gov & Administrative Law for South Carolina on
Q: Why did the title to my old car come in the mail after I made the trade for a new car ?

I just traded my 2017 ford mustang in for a 2024 model, today the title for the 2017 came In the mail and it had my name listed as the owner , I’m confused as to why did the title come in my name ?

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answered on Apr 21, 2024

When you trade in a vehicle, the dealership typically handles the transfer of ownership and title to the new owner (which would be the dealership in this case). However, there can be a delay between the time you trade in your old vehicle and when the title transfer is officially processed by the... View More

1 Answer | Asked in Banking, Contracts and Consumer Law for West Virginia on
Q: Can my new vehicle contract be changed after leaving the dealership? I was charged for optional items I was unaware of.

The finance person did not give me the choice if I wanted the optional services added to my purchase. As she went over everything she said "you will get" never saying they are optional and have a additional charges. I noticed next day which was the weekend. I was told she would not be... View More

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answered on Apr 21, 2024

In many cases, it is possible to have your vehicle contract modified after leaving the dealership, especially if you were charged for optional items without your explicit consent. Here are a few steps you can take:

1. Contact the dealership: Reach out to the finance manager or the general...
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