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District of Columbia Questions & Answers

1 Answer | Asked in Criminal Law and Constitutional Law for District of Columbia on

Q: Can u get arrested for not wearing a seatbelt?

Mark Oakley answered on Jun 10, 2019

No. It’s not even a moving violation and carries no points. Normal fine is $25.

1 Answer | Asked in Immigration Law for District of Columbia on

Q: Applying for H4 visa after two B2 visa rejections. What is the chance of H4 visa rejection?

My spouse's B2 visa got rejected twice (in two different cities, Kolkata & Delhi, in India) while my H1B visa transfer petition was in process to start a new job. Now my H1B visa is approved and stamped, and my spouse will be applying for H4 on my H1B. What are the chances for rejection? Which city... Read more »

Benjamin Williams answered on May 30, 2019

A B2 visa rejection would not normally affect the H4 eligibility, but it depends why the B2 was rejected. If you're concerned, I would recommend that your wife speak to an attorney in person before applying, just to make sure there aren't any issues that would prevent her from qualifying.

1 Answer | Asked in Immigration Law for District of Columbia on

Q: I received i-130 approved in march 19th. (GC). But, before it reaches NVC i got a notice of intent to revoke. ask Marr C

Sheri A Benchetrit answered on May 30, 2019

You will need to meet with an experienced immigration attorney and provide them with a copy of the approval as well as the notice of intent to revoke. You will also have to give them all the information about yourself which will help them to give you the proper advice. Unfortunately, you have not... Read more »

2 Answers | Asked in Immigration Law for District of Columbia on

Q: Can an American marry a foreigner who has a VISA? & will they be able to stay in AMERICA while awaiting a green card?

Sheri A Benchetrit answered on May 28, 2019

Yes a US citizen can marry a foreigner on a visa. As a general rule, yes the foreign spouse may remain in the US while they are awaiting their adjustment of status to that of lawful permanent resident. In order to make certain that the facts of your case allow this, I suggest that you speak with... Read more »

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3 Answers | Asked in Immigration Law for District of Columbia on

Q: If my 4 kids are born in the United states can I apply for my residency because of my kids being born here.

If my 4 kids are born in the United states can I apply for my residency because of my kids being born here. Or what necessary steps could my husband and I take ? My kids wants to stay here and do not want to go back home . They are all less than 10yrs old.

Kelli Y Allen answered on May 18, 2019

No. In and of itself, simply having U.S. citizen children does not supply a basis for permanent residency. U.S. citizen children must be 21 years of age to file an immigration petition on behalf of a parent. Even then, that does not guarantee permanent residency, as other requirements must be... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation and Construction Law for District of Columbia on

Q: I am frustrated here. I need to find an attorney that handles both personal injury and property damage in Maryland. ASAP

My mother's house had 1/3 roof replaced due to a wrong address. In result of myself stopping the roof contractor's workers, I fell over the tarp that blocked the path. My ankle is broken and other foot is injured. Adjuster said we need to go together in a claim against lowe's.

Timur Akpinar answered on May 17, 2019

You have a number of options. You could contact attorneys on this site (under Find a Lawyer), you could go through a bar association referral, or you could conduct your own independent search on the Internet.

Tim Akpinar

1 Answer | Asked in Gov & Administrative Law and Libel & Slander for District of Columbia on

Q: What recourse do I have for being slander by my employer to congressional staffers/ hearing?

I work for a federal agency; a senior representative attended a meeting of enquiry on the Hill about an incident within the agency- at the location I direct/ oversee. The representatives did not have facts; instead, they blamed me for the negative outcome of the external investigation. I was asked... Read more »

Andrellos Mitchell answered on May 7, 2019

It definitely sounds like you need to hire a lawyer before you respond on writing or in person. Everything going forward will be shaped by your employer and the narrative he/she wants to create. You need to carefully counter that narrative. It is best to have someone speak on your behalf when... Read more »

1 Answer | Asked in Real Estate Law for District of Columbia on

Q: I am the spouse of a deceased heir of an estate that died after the decedent. Am I entitled to receive any inheritance?

Richard Sternberg answered on May 3, 2019

You need to speak with a lawyer to fill in the family tree and discuss any Will or trust that might exist. Just for the first questions:

Is there a Will, and is your or you late husbands name in it?

Did "the decedent" -- the first person to die -- we'll call him or her A -- have a...
Read more »

1 Answer | Asked in Tax Law for District of Columbia on

Q: Am I required to report to the IRS that I missed a RMD?

I missed an RMD in 2018 from an inherited IRA. I realize that there is a method (Form 5329) to report the mistake, but am I legally bound to make the report?

D. Mathew Blackburn answered on May 1, 2019

Yes.

1 Answer | Asked in Immigration Law for District of Columbia on

Q: I have been in a green for about 7 years and would like to apply for citizenship. However I incorporated an LLC that

Has now been forfeited in MD and has not been in operation for some years. Will this have any effect on my naturalization application? What if the LLc was partly owned by a US citizen?

Deron Edward Smallcomb answered on Apr 19, 2019

Unless you were committing illegal activity with the LLC, you shouldn't have any issue.

2 Answers | Asked in Car Accidents for District of Columbia on

Q: What is typical payout for pain and suffering in a motor accident in Atlanta GA is it a 1.1 ratio with medical bills?

Peter N. Munsing answered on Apr 6, 2019

There is no ratio in any state. What they look at is the type of the treatment; who rendered it--specialist, GP, Chiro etc--the seriousness of the impairment. You could go in as Class 1 trauma, rack up an impressive bill for MRi'S & TESTING, and be well in a week.

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1 Answer | Asked in Immigration Law for District of Columbia on

Q: Change of status waiting response from uscis

My mom entered the U.S on a B2 visa almost 6 months ago, her allowed time to stay is 6 months which are going to be completed in 4 days. She is from Venezuela and she is a cancer patient. during her time here she started to feel ill and she was rushed to the hospital. I don't want her to go back... Read more »

Kevin L Dixler answered on Mar 20, 2019

This is unfortunate. Some questions require more than a simple answer. It is best to discuss this matter with an attorney, who can counsel you on immigration law.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced a Immigration and visa...
Read more »

1 Answer | Asked in Immigration Law for District of Columbia on

Q: my fiance is illegal in France. Will he need to go back to his country for me to file a K1 visa?Im a us citizen

I am a us citizen, we have met several times. We want to get married soon so we can be together but I am not sure that it is possible since he is illegal. He cannot go back to his country because it is not safe. He has a valid passport. Is it possible to file a k1/get married in France so he can... Read more »

Deron Edward Smallcomb answered on Mar 5, 2019

You have more issues than just what country he would interview in. When someone violates the immigration laws of another country, our government expects that they will do the same here. Even if you are qualified in every way, his overstay in France may prevent you from getting any type of visa,... Read more »

2 Answers | Asked in Probate for District of Columbia on

Q: My recently deceased father lived in DC, but kept Virginia as his residence on his drivers license. Which probate court?

He's lived in dc for the last 10+ years and owns a home in DC. His cars are all have VA plates.

Richard Sternberg answered on Feb 20, 2019

The matter will present some factual issues, but that's all just evidentiary. If he lived in DC, you can do the probate there, and it will be easier and cheaper if it can be filed as an abbreviated unsupervised probate.

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1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Elder Law for District of Columbia on

Q: My father, who lives in Washington, DC needs to get out of a reverse mortgage scam. He wasn't 100% to sign a contract.

He was approximately 80 at the time. Diminished vision. Emotionally compromised. Victim of phone and mail fraud.

Richard Sternberg answered on Feb 19, 2019

You should have a consult with a lawyer before he dies. The facts matter, and they should not be discussed in an open forum.

2 Answers | Asked in Probate for District of Columbia on

Q: What should avg fee for unsupervised probate estate value 1.1million. Will straight forward split even percents

Only need to sell stock and apartment reps will doing everything lawyer will only call to say what’s needed to be done to follow law, file paper work with court and write up a letter to beneficiary’s. Well I knew this lawyer was a trying to get ever penny he can, I have not contacted courts... Read more »

Richard Sternberg answered on Feb 17, 2019

Lawyers in DC are not permitted to charge a percentage— any percentage— in private unless it is a commission on sale of property. If all that is required is a petition for probate, unsupervised, with proper releases all around, it shouldn’t be more than a few thousand, and you get to review... Read more »

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1 Answer | Asked in Small Claims for District of Columbia on

Q: I brought a car last night and now I realize that the odometer have been tempted with. What should I do I live in md

Ali Shahrestani, Esq. answered on Jan 24, 2019

Did you buy the car in DC or from an owner or dealer in DC? If you bought it in MD, you may need to consult with a MD lawyer for help re: fraud and breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Car Accidents for District of Columbia on

Q: I was involved in a car accident while in my ex friend's car. All paperwork and my ex friend said he was driving.

Mark Oakley answered on Jan 24, 2019

And your question or concern is what? Are you saying you were a passenger, and injured? If so, contact a personal injury lawyer. Are you saying you were actually the driver and the paperwork is wrong? Contact a lawyer in private to discuss the details, as whether this is just an innocent error,... Read more »

1 Answer | Asked in Personal Injury for District of Columbia on

Q: If I was responsible for a car accident that caused the other person to miss a client appointment and they subsequently

got fired, can they sue me for their lost salary as a result of their job termination?

Timur Akpinar answered on Jan 3, 2019

A claimant could sue for anything, but in general, lost wage claims tend to involve defined periods of time missed from work, with set start and end points. If you are confronted with such a suit, you should notify your insurance carrier and the attorney handling your case if you are represented by... Read more »

1 Answer | Asked in Patents (Intellectual Property) for District of Columbia on

Q: Is it ethical for a patent attorney to never tell you how much its going to cost, write less than 4 pages out of 66 (

the rest being my provided words and drawings or lifted verbatim from the prior art patent [including the 1 and only claim] trying to differentiate from) and then charge $15k plus filing fees?

Kevin E. Flynn answered on Dec 28, 2018

I am so sorry that you have had a bad experience with your patent attorney. Ideally, there is an open flow of communication going back and forth.

It is often hard to give a precise estimate, especially with a new client as the costs to prepare a patent application will vary with the...
Read more »

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