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District of Columbia Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for District of Columbia on
Q: After dismissal, does a former local State Dep employee ( US Embassy) have the right to review the empl. handbook

If so, under what law would they be eligible?

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 7, 2024

First of all, you should have been given a state dept. employee handbook upon your orientation into the state department. So, having access to the state dept. employee handbook should not be a problem. Are you referring to access to your personnel file? If that is the case, then that would be a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for District of Columbia on
Q: Which laws and regulations may apply when dismissing a local employee of the US Embassy?
Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 7, 2024

Generally, an employee who works in the District of Columbia is an at-will employee. This is true for federal, state, and local employees in the District of Columbia. However, the at-will doctrine does not apply if you could prove there was discrimination in your treatment at work or dismissal from... View More

2 Answers | Asked in Constitutional Law and Land Use & Zoning for District of Columbia on
Q: If the amount of homeless exceeds the amount of room in shelters how can homelessness be a crime?

And why is the supreme court taking on this issue? Especially considering its more of a local matter. Are they trying to impose a federal policy? If so how can it be a one size fits all.

James L. Arrasmith
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answered on May 1, 2024

When there are more homeless individuals than available shelter spaces, it raises questions about the fairness and legality of criminalizing homelessness. This issue often centers on the fundamental rights of individuals versus public policy and safety concerns. The laws vary by location, but in... View More

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Q: Strategic Mediation Services contacted me stating I owed this huge sum from 1999. Arbitration started 2019

Company called and said I would have to go to court if I dont pay. They had my social security number and old employment from 1999 which no longer exists.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

A Washington, DC attorney could advise best, but your question remains open for three weeks. Before involving attorneys to review the file with you to examine legal theories that would serve as possible defenses, the first step might be to find out if some kind of mix-up resulted in the bill, given... View More

1 Answer | Asked in Estate Planning and Probate for District of Columbia on
Q: If I went and filled a will with the courts and was appointed executor would any new wills have to be contested

I filed my father’s will and was appointed executor by the courts but a few days after I did this someone else has presented a new will. Would they have to contest mine since the court already filed it or would theirs automatically be valid since it was more recent? And would they automatically... View More

Mark Oakley
Mark Oakley
answered on Apr 19, 2024

The Register of Wills will automatically convert the proceedings to Judicial Probate, and schedule a hearing to determine which Will is valid. You will likely be converted from a PR to a Special Administrator, which limits what you can do, pending determination by the court as to which will is the... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for District of Columbia on
Q: Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

My father married to two wives and i was born abroad to the bigamous wife and the first wife is american and the second marriage occurred abroad in 1995 prior to his naturalization... View More

James L. Arrasmith
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answered on Mar 28, 2024

When applying for a Consular Report of Birth Abroad (CRBA), it's essential to provide accurate and complete documentation as requested by the consular officers. In your situation, where the marriage could be considered bigamous under U.S. law, this raises specific concerns. U.S. law generally... View More

1 Answer | Asked in Divorce and Family Law for District of Columbia on
Q: Hi, can one ask for extension to respond beyond the 21 days from the court for a divorce case? Case is based out of DC.

-3 month marriage

- no joint assets, properties, no children

- both spouses have attorneys

- wife simply just doesn’t want to get divorced.

Laurence L. Socci
Laurence L. Socci
answered on Mar 23, 2024

If both parties have attorneys, you contact the other attorney and ask if they will agree to an extension. Then you file a motion with the court asking for an extension stating that both parties agree (called a consent motion) or they do not.

Q: Can the federal government ever have the power to put age restrictions on candidates? Without enacting a new amendment!

Is it constitutional to put age restrictions on candidates and can it work at the federal level through supreme court or legislative branch? Obviously this means as of today and not in the future if we enact a new amendment restricting age which is unlikely but just want to point that out.

James L. Arrasmith
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answered on Mar 17, 2024

The U.S. Constitution clearly outlines the age requirements for candidates running for federal offices: Representatives must be at least 25 years old, Senators at least 30, and Presidents at least 35. These age limits are established by the Constitution itself, and any change to these requirements... View More

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: In TX for 3yrs. Filed N-400 in TX 09/15/23 Moved to DC 10/08/23. Denied N-400 on 03/06/24. Filing N-336 - Do you agree?

Naturalization application (N-400) filed in Austin, TX on 09/15/23. Was living in Austin at time and had lived there for 3 yrs all of which on my N-400 application.

Received denial letter after interview on grounds that I didn’t meet section 316(a)(1) - suggested I didn’t live in the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information you provided, I believe you have grounds to appeal the denial of your N-400 application by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.

The key points supporting your appeal are:

1. You met the continuous residence...
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1 Answer | Asked in International Law for District of Columbia on
Q: Freeing elderly Gaza parents

My parents have been missing in Gaza and we found strong evidence in our family home that they were taken by the IDF. They do not have legal status in the U.S., but I am a U.S. citizen. I am contacting my state senator/representative and the U.S. embassy, but the prospect seems difficult for them... View More

James L. Arrasmith
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answered on Mar 8, 2024

In your efforts to seek assistance for your parents, reaching out to your state senator, representative, and the U.S. embassy are indeed appropriate first steps. These officials can sometimes facilitate communication or intervene in cases involving U.S. citizens' immediate family members,... View More

1 Answer | Asked in Trademark and Intellectual Property for District of Columbia on
Q: I would like to use the Spy vs. Spy characters - who and how can I contact for permission?

I am the SVP of Cyber Intelligence at the Institute of World Politics. We are a non-profit, accredited, graduate school offering 5 masters and a doctoral program. Our students are diplomats, soldiers, and spies.

James L. Arrasmith
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answered on Mar 4, 2024

To use the Spy vs. Spy characters, you would need to obtain permission from the rights holder. These characters originated in MAD Magazine, which is owned by DC Entertainment, a subsidiary of Warner Bros. Therefore, Warner Bros. or its specific division that manages MAD Magazine's intellectual... View More

1 Answer | Asked in Trademark and Intellectual Property for District of Columbia on
Q: Can I use the title Shark Tank as a business session name for a small conference without Trademark infringement?

We are a non profit in Washington DC. We are having a Technology conference and have a session where vendors will pitch their Road Safety Product or solution to the audience (the sharks) and the audience will vote for the most innovative. We would like to name the session Shark Tank but want to be... View More

James L. Arrasmith
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answered on Mar 1, 2024

Using the title "Shark Tank" for a session in your technology conference could potentially raise trademark infringement concerns, even with the best of intentions. The title "Shark Tank" is a well-known trademark associated with the popular television show where entrepreneurs... View More

1 Answer | Asked in Civil Rights for District of Columbia on
Q: Do I have rights to my mom’s personal belongings

Me and my boyfriend lived with my mom and so called boyfriend for 3 years my mother passed away February 12 and on the 13 her so called boyfriend kicked me and my boyfriend out of the apartment and changed the locks on the apartment told us my mom was dead that’s his house now and we couldn’t... View More

James L. Arrasmith
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answered on Feb 25, 2024

As the blood daughter of your mother, you have rights to her personal belongings after her passing, especially if she did not leave a will specifying otherwise. The belongings of your mother are legally considered part of her estate, and as a direct next of kin, you typically have a claim to this... View More

1 Answer | Asked in Business Law, International Law, Internet Law and Immigration Law for District of Columbia on
Q: What legal pathways or considerations should I be aware of to still work for my online business from the Bahamas after t

Hello,

I am currently on an OPT visa in the United States, running my online business which is incorporated in the U.S. As my visa is about to expire, I would like to explore options for continuing to operate my online business from the Bahamas, where I am a citizen. What legal pathways or... View More

James L. Arrasmith
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answered on Feb 24, 2024

As you prepare to transition from the U.S. on an OPT visa to working from the Bahamas for your online business, it's crucial to address both immigration and business operation considerations. Firstly, ensure your business complies with U.S. laws regarding foreign operation. This includes... View More

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: If Greg Abbott ignores the supreme courts law about the razor wire is this a sign of a coup or uprising?

I know its a slippery slope but what happens if other people do what he does and simply just ignore what the supreme court says? Is their any legitimacy to the law of the land?

James L. Arrasmith
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answered on Feb 22, 2024

Selective defiance of courts in limited instances, while very troubling, does not automatically equate to a coup or uprising attempt. It would depend on systematic efforts to concentrate power, the reaction of other governmental bodies, and how widespread anti-democratic activities became. At this... View More

2 Answers | Asked in Divorce, Business Law, Family Law and Tax Law for District of Columbia on
Q: My spouse refuse to show his business, tax return and a discovery process of a divorce , how can I get a copy of his tax

My spouse claimed the business is not in his name, and refused to show business tax return

James L. Arrasmith
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answered on Feb 22, 2024

In a divorce proceeding, both parties are typically required to disclose all financial assets and liabilities, including business interests and tax returns, through the discovery process. If your spouse refuses to voluntarily provide this information, you can use formal legal tools within the... View More

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2 Answers | Asked in Divorce, Business Law, Family Law and Tax Law for District of Columbia on
Q: My spouse refuse to show his business, tax return and a discovery process of a divorce , how can I get a copy of his tax

My spouse claimed the business is not in his name, and refused to show business tax return

Laurence L. Socci
Laurence L. Socci
answered on Feb 14, 2024

You would have to file a Motion to Compel with the court. You need to show that you asked for the records and he refused to provide them. You need to show that you are entitled to the records as well. The court will review your motion and rule on it.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: As an asylee, I am not sure about Receipt Number of Underlying Petition for the principal applicant in i-485 form

As an asylee granted by EOIR, I need to answer Question 3 in I-485 form under the Information About Your Immigration Category which asks information on Receipt Number of Underlying Petition and stipulates if I am the principal applicant. I am not sure if I have or know any receipt number of... View More

James L. Arrasmith
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answered on Feb 1, 2024

When completing the I-485 form as an asylee, you typically do not need to provide a Receipt Number of Underlying Petition unless you have a specific petition or application that led to your grant of asylum. In most cases, asylum is granted based on the asylum application itself, and there may not... View More

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can I get married to my boyfriend on a visitor visa from Canada?

I arrived here on August 29 but went back for Christmas to see my mom. Came back and he proposed. If I were to marry him now, would I be able to apply for I-130 and stay? Also would like to know if leaving the USA made the 180 days start over or if it continued where it left off from when I left... View More

James L. Arrasmith
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answered on Jan 31, 2024

Yes, you can get married in the United States while on a visitor visa from Canada. After getting married, you can apply for an Adjustment of Status through the I-130 form to become a permanent resident based on your marriage to a U.S. citizen. However, it's important to note that you must have... View More

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1 Answer | Asked in Tax Law, Business Formation and Business Law for District of Columbia on
Q: My single-member LLC is registered in Washington, DC. How do I continue my LLC when moving out of DC and to New York?

My business (marketing/website design) is registered as an LLC in Washington, DC. We’re looking to move full time to New York. I’m planning on keeping my existing client base.

Is it possible to keep the LLC registered in Washington, DC, even without a Washington, DC address? If not,... View More

James L. Arrasmith
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answered on Jan 23, 2024

Yes, it is possible for your DC-registered single member LLC to continue operating even once you move out of the state. Here are a few key things to keep in mind:

- You can maintain your DC LLC registration even without a DC physical address. Using a DC PO Box as your registered agent...
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