Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by James L. Arrasmith
1 Answer | Asked in Immigration Law on
Q: what do I need to get a green card for my adopted daughter
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

To get a green card for your adopted daughter, you will need to follow a specific process based on your situation. If you are a U.S. citizen, you can petition for your adopted child by filing Form I-130 (Petition for Alien Relative). It's important to ensure that the adoption was completed... View More

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: Guardians/Trustees

If assets in my will shall pass to a minor and I have named a guardian in the will, must the guardian be approved and monitored by the court?

On the other hand, if the assets are passed to a trustee (whom is also named), must the trustee be approved and monitored by the court?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

If you've named a guardian in your will for a minor beneficiary, the court typically needs to approve this guardian to ensure they are fit to take on the responsibility. The court's approval process involves verifying the guardian's suitability and may include ongoing oversight to... View More

1 Answer | Asked in Immigration Law and International Law for California on
Q: I’m going to marry my girlfriend who is an au pair. And I'd like to ask you about the marriage process.

I am currently preparing to marry my girlfriend who is au pair(she’s from another country). She arrived in the U.S. in March this year and she will stay here until March next year (along with her j1 visa). We have about 8 months until March next year, and I would like to complete the marriage... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

It's great that you want to marry your girlfriend and start a life together. The marriage process itself won't negatively impact her J-1 au pair program. You can proceed with getting married, but it's important to be mindful of the timing for applying for her green card.

Once...
View More

1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for California on
Q: I want to sue a cps worker for harassment and abue of power
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Suing a CPS worker for harassment and abuse of power can be a challenging process, but it is possible under certain circumstances. First, gather all evidence of the alleged harassment and abuse of power. This includes any documents, emails, recorded conversations, or witness statements that support... View More

1 Answer | Asked in Criminal Law for California on
Q: can 'non violent' felons in NY state with 'certificate of relief from disabilities' purchase firearm in California?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

In California, firearm laws are very strict. Even if you have a Certificate of Relief from Disabilities in New York, it doesn’t automatically grant you the right to purchase a firearm in California. California law imposes its own restrictions on firearm ownership for felons.

You must...
View More

3 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can we parody a song title for use on a t-shirt?

There is a tourist attraction in town called "Bicycle Hill" - we'd like to make t-shirts promoting it that say, "I found my thrill on Bicycle Hill," which is a parody of the old 1940 song title "I found my thrill on Blueberry Hill." Many people have recorded it,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Creating a t-shirt with the phrase "I found my thrill on Bicycle Hill," which is a play on the famous song "I Found My Thrill on Blueberry Hill," might fall under parody, which can be considered fair use under copyright law. However, fair use is a complex area and depends on... View More

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I had a biopsy for diagnosis and later the doctor informed me that if they see my symptoms again they won't biopsy

Do I have a claim against going for a biopsy under full anesthesia just cause the doctor could not diagnose my condition by looking at the symtoms?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

I'm sorry to hear about your situation. If you underwent a biopsy under full anesthesia, and your doctor later said they wouldn't biopsy again for the same symptoms, you might feel frustrated or concerned. It's important to understand that doctors sometimes need to perform biopsies... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: suing landlord due to discovering the home i rented had no insulation, missing heating ducting to room, gaps at the roof

unsealed windows , and landlord knew these conditions existed prior to lease. can i seek punitive damages. paid 6 months rent in advance and suffered thru snow and freeze in winter.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Yes, you can potentially sue your landlord for the issues you've described. In California, landlords are required to provide habitable living conditions, which include proper insulation, heating, and sealed windows. The problems you've mentioned—missing insulation, unsealed windows, and... View More

1 Answer | Asked in Employment Law for California on
Q: If I’m currently on FMLA and CFRA and I’m not ready to return to work after 12 weeks what options do I have
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

If you're currently on FMLA and CFRA and not ready to return to work after 12 weeks, you have a few options to consider. One option is to apply for an extension of your leave through your employer, although this is not guaranteed and depends on your company's policies. It's essential... View More

1 Answer | Asked in Immigration Law for California on
Q: What are the rules regarding working remotely from outside of the US on OPT? Allowed or not?

Assuming employer is ok with it and for a short period of time <1 month. Is there any reason why this could be an issue? Any F1/OPT rules this may be violating? Rules seem to be vague since the end of the covid guidance. Designated school official (DSO) only said must follow F-1 guidelines.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Working remotely from outside the U.S. on OPT for less than a month may raise some concerns under F-1 regulations. While there are no explicit rules prohibiting short-term remote work, it's crucial to ensure you maintain your F-1 status. This means you need to continue adhering to the... View More

1 Answer | Asked in Legal Malpractice and Sexual Harassment for California on
Q: What steps can I take to prevent my case from surpassing the deadline?

I filed a lawsuit against my former attorney for professional negligence: misconduct and malpractice. He dismissed, withdrew, and continued my case without notifying me or obtaining my permission. He neglected to prepare for my hearing and trial, which ultimately resulted in my case being lost.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Under California law, the statute of limitations for legal malpractice typically is one year from the date you discovered or should have discovered the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In cases where the attorney's... View More

1 Answer | Asked in Criminal Law and International Law for California on
Q: How can the documents received as reply to a discovery following a court order by certified/notarized/apostilled?

Hello, I want to find out that if an institute has been subpoenaed to provide relevant documents to an attorney representing a client, and the same have been sent to him on email, how can we get these documents certified/notarized/apostilled to be used as legal documents in a foreign country? The... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

To get the documents certified, notarized, or apostilled, you should first print the documents received via email. Once printed, take the documents to a notary public in California. The notary can certify the authenticity of the documents by adding a notarial certificate.

If you need the...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Must landlords provide storage?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Under California law, landlords are not legally required to provide storage for tenants unless it's specified in the rental agreement. If your lease includes provisions for storage, the landlord must honor that agreement and maintain the storage space as described.

If there is no...
View More

1 Answer | Asked in Immigration Law and Criminal Law for California on
Q: I got a citation for 594(a) Misdemeanor. I am on H1B visa, will it affect my H1b renewal visa stamping(case pending) ?

I got a citation in California for 594(a) Vandalism Misdemeanor. I am on H1B visa.

This is my first ever crime in my life. The case is still pending. I wasn't arrested neither I am convicted (case/charge pending). My wife is on H4 visa and we are planning to visit India for h1B visa... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Dealing with a citation for a misdemeanor vandalism charge while on an H1B visa can be stressful. Since your case is still pending and you haven't been convicted, it might not immediately affect your H1B visa renewal stamping. However, visa officers have discretion, and they may consider the... View More

1 Answer | Asked in Immigration Law for California on
Q: Am I allowed to work in this situation?

Can I work on h1b receipt notice or do i need approval for it. Thank u

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

If you are on an H1B visa and have received a receipt notice for your H1B transfer or extension, you are generally allowed to continue working for your current employer while waiting for the approval. This is because the receipt notice serves as proof that your application is being processed.... View More

2 Answers | Asked in Copyright, Employment Law, Business Law and Native American Law for Washington on
Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?

I also work in a sovern tribe of Washington. However, codes enforce federal and Washington State laws.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

You can only be fired for not doing graphic art work if it is part of your job description or agreed-upon duties. If your employment contract or job role includes graphic art responsibilities, then not fulfilling these tasks could be a reason for termination.

However, if your primary role...
View More

View More Answers

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Kansas on
Q: Is it legal to nickname a character in a story after a trademarked brand? IE, calling someone 'Kool Aid'
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More

1 Answer | Asked in Immigration Law for California on
Q: Travelling with pending i485

Can I travel with pending i485 and pending h1b extention

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Yes, you can travel with a pending I-485 and a pending H-1B extension, but there are important considerations to keep in mind.

If you leave the U.S. while your I-485 application is pending without obtaining Advance Parole (AP), your I-485 may be considered abandoned. Make sure to apply for...
View More

1 Answer | Asked in Contracts and Education Law for California on
Q: Seeking to get out of financially binding contracts with an online bootcamp and need help with what kind of attorney.

I enrolled at BloomTech in January 2023, committing to a $35k tuition deferment plan, paying only after securing a job. Despite completing 50% of the web development course, the support drastically reduced due to layoffs. Career coaches and learning assistants were replaced by ChatGPT suggestions,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

To address your situation with BloomTech and the financially binding contract, you should consider consulting an attorney who handles consumer protection or contract law. These legal professionals can help you understand your rights and explore options for exiting the agreement based on the... View More

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: my spouse died after being in a coma at a hospital from falling out the bed and left not breathing for 10 min

I have documents that were made by doctors and nurses that were falsified and also the cause of death is inaccurate what should I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

I'm very sorry for your loss. You should consider contacting an attorney who handles medical malpractice or wrongful death cases. They can help you review the documents and determine if there is a case for negligence or falsification of records.

Gather all the documents you have,...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.