District of Columbia Questions & Answers by Practice Area
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District of Columbia Questions & Answers
Q: I am married with a U.S citizen. I obtained my temporary green card through marriage, but I want to separate.
1 Answer
| Asked
in
Family Law and Immigration Law
for
District of Columbia
on
Answered on Apr 21, 2018
Answered on Apr 21, 2018
Carl Shusterman's answer
If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.
Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with their spouse. In order to become a permanent resident, they must first file for a 2-year conditional green card, and then submit form I-751 to apply to remove the condition and obtain a 10-year green...
If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.
Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with their spouse. In order to become a permanent resident, they must first file for a 2-year conditional green card, and then submit form I-751 to apply to remove the condition and obtain a 10-year green...
Q: If I leave beofre 18 months I owe 6K. Is this legal?
Mark Oakley's answer
Usually these types of clauses are tied to educational or training expenses, or paying for professional licenses or certificates, that the employer incurs. The repayment is tied to reimbursement for a valuable benefit provided to the employee who may take the training or professional license and then just leave for another job with another employer. This type of repayment is usually a valid and enforceable contract provision. If it is not tied to any training or professional expense, then it...
Usually these types of clauses are tied to educational or training expenses, or paying for professional licenses or certificates, that the employer incurs. The repayment is tied to reimbursement for a valuable benefit provided to the employee who may take the training or professional license and then just leave for another job with another employer. This type of repayment is usually a valid and enforceable contract provision. If it is not tied to any training or professional expense, then it...
Q: Filed bankruptcy chapter on 8-29-2017; it was discharged on 12-12-2017. Can a college withhold transcript and diploma?
Andrellos Mitchell's answer
Federally Funded Public Student Loans are typically non-dischargeable in Bankruptcy. An actual complaint needs to filed against the lenders and then you must meet an extremely high burden to even have the court consider
discharging your student loans. I'm not sure why a college or university would withhold your transcripts and degree because you filed bankruptcy. However, a college or university can do whatever it pleases. Whether its actions are legal is a totally different...
Federally Funded Public Student Loans are typically non-dischargeable in Bankruptcy. An actual complaint needs to filed against the lenders and then you must meet an extremely high burden to even have the court consider
discharging your student loans. I'm not sure why a college or university would withhold your transcripts and degree because you filed bankruptcy. However, a college or university can do whatever it pleases. Whether its actions are legal is a totally different...
Q: Do I need to reapply for my son's green card?
Hector E. Quiroga's answer
Your son is likely already a citizen. He derived it through you when you became a citizen yourself. Proof that he is your son, that you are a citizen, and proof that he obtained permanent residency should be sufficient for him to get a US passport.
Your son is likely already a citizen. He derived it through you when you became a citizen yourself. Proof that he is your son, that you are a citizen, and proof that he obtained permanent residency should be sufficient for him to get a US passport.
Q: How do I formulate a disclaimer for a particular bank account that is moved to probate (Washington, DC)
Richard Sternberg's answer
It's probably worth a few hundred dollars to have a lawyer draft it for you, but there is a probate form that depends on the date of the decedent's demise. You'll need to specify the account involved in a sufficiently precise manner, and that's where the lawyer comes in.
It's probably worth a few hundred dollars to have a lawyer draft it for you, but there is a probate form that depends on the date of the decedent's demise. You'll need to specify the account involved in a sufficiently precise manner, and that's where the lawyer comes in.
Q: My fiancé is on child support from a previous relationship. Once we are married will I be effected of his child support
Mark Oakley's answer
No, you will never be legally obligated to pay his support obligations, and none of your personal assets, including bank accounts or wages, may be attached to pay any past due support he owes. However, you may wish to keep your bank account titled separate from his to avoid a risk that the account could be garnished and therefore end up having some of your funds taken by mistake, or your joint funds frozen while you contest the attachment in court.
No, you will never be legally obligated to pay his support obligations, and none of your personal assets, including bank accounts or wages, may be attached to pay any past due support he owes. However, you may wish to keep your bank account titled separate from his to avoid a risk that the account could be garnished and therefore end up having some of your funds taken by mistake, or your joint funds frozen while you contest the attachment in court.
Q: We had to sell our house before the bank foreclosed on us. Do we have to pay taxes on it?
1 Answer
| Asked
in
Real Estate Law and Tax Law
for
District of Columbia
on
Answered on Feb 26, 2018
Answered on Feb 26, 2018
Richard Sternberg's answer
If taxes are due, yes. But, that will rarely be the case. See a qualified CPA or lawyer.
If taxes are due, yes. But, that will rarely be the case. See a qualified CPA or lawyer.
Q: If a judge throws out a criminal conviction, can a prosecuting attorney request and go forward with the re-trial?
Mark Oakley's answer
Depends on the basis the judge “threw out” the conviction. You provide insufficient facts.
Depends on the basis the judge “threw out” the conviction. You provide insufficient facts.
Q: Do I still have to pay child support if my child how is 18 and now lives with me full time.
Mark Oakley's answer
Turning 18 usually does the trick, but you need to look at your child support order and take it to a lawyer. If child support is still due under the order or by law (such as your child has not yet graduated fro high school and support is due until graduation in May) then you will need to file a motion or petition to modify or terminate support based on a material change of circumstances (e.g., your child's change of residence). The support must still be paid until the court makes its ruling,...
Turning 18 usually does the trick, but you need to look at your child support order and take it to a lawyer. If child support is still due under the order or by law (such as your child has not yet graduated fro high school and support is due until graduation in May) then you will need to file a motion or petition to modify or terminate support based on a material change of circumstances (e.g., your child's change of residence). The support must still be paid until the court makes its ruling,...
Q: Can I take my aunt to court for a equal share of the sale of the house and bank accounts?
1 Answer
| Asked
in
Estate Planning, Probate and Real Estate Law
for
District of Columbia
on
Answered on Feb 13, 2018
Answered on Feb 13, 2018
Mark Oakley's answer
Not enough facts to answer this question. What gives you the right to claim an interest in "the sale of the house and bank accounts"? Were you named in a will by the deceased owner of these assets as an heir or legatee? Is your name on the title to these assets? If so, you will need to explain further in order to receive an answer that will be of assistance to you.
Not enough facts to answer this question. What gives you the right to claim an interest in "the sale of the house and bank accounts"? Were you named in a will by the deceased owner of these assets as an heir or legatee? Is your name on the title to these assets? If so, you will need to explain further in order to receive an answer that will be of assistance to you.
Q: I like to know if there is an attorney in Washington, DC that handles abuse of power of attorney type cases
Mark Oakley's answer
Any estates and trust lawyer, many family law attorneys, guardianship lawyers, and civil litigators, can handle such matters, depending on the nature of the abuse of the POA. Essentially, it is a breach of fiduciary duty to use a POA for purposes other than the best interests of the principal, and for the personal gain or benefit of the agent. If the agent used the POA to enrich themselves at the expense of the principal, then they can be sued and removed from acting as POA as well as to...
Any estates and trust lawyer, many family law attorneys, guardianship lawyers, and civil litigators, can handle such matters, depending on the nature of the abuse of the POA. Essentially, it is a breach of fiduciary duty to use a POA for purposes other than the best interests of the principal, and for the personal gain or benefit of the agent. If the agent used the POA to enrich themselves at the expense of the principal, then they can be sued and removed from acting as POA as well as to...
Q: Minors Formalizing a Common-Law Marriage in the District of Columbia
1 Answer
| Asked
in
Family Law and Juvenile Law
for
District of Columbia
on
Answered on Feb 13, 2018
Answered on Feb 13, 2018
Mark Oakley's answer
You cannot establish a common law marriage in DC unless you have been living in DC and meet all the requirements for establishing the marriage in DC. You state you have been living together outside DC--that will not qualify, unless you are in a jurisdiction that recognizes common law marriage. Maryland and Virginia do not recognize common law marriage established in their jurisdictions, but will recognize the marriage if legally established in another jurisdiction that does allow it....
You cannot establish a common law marriage in DC unless you have been living in DC and meet all the requirements for establishing the marriage in DC. You state you have been living together outside DC--that will not qualify, unless you are in a jurisdiction that recognizes common law marriage. Maryland and Virginia do not recognize common law marriage established in their jurisdictions, but will recognize the marriage if legally established in another jurisdiction that does allow it....
Q: I live in Virginia but my ex husband live in dc can i file for child support in dc
Mark Oakley's answer
File where you and your child lives. Your ex will be compelled to respond there, or if you file with the Office of Child Support Enforcement in your location, he can respond to his local OCSE which will process the matter in coordination with your local OCSE.
File where you and your child lives. Your ex will be compelled to respond there, or if you file with the Office of Child Support Enforcement in your location, he can respond to his local OCSE which will process the matter in coordination with your local OCSE.
Q: WHAT TYPE OF LAWYER DO I NEED TO SUE A GENERAL CONTRACTOR FOR STEALING 22K FROM ME AND DOING NOTHING TO MY PROPERTY?
1 Answer
| Asked
in
Real Estate Law, Contracts and Construction Law
for
District of Columbia
on
Answered on Feb 8, 2018
Answered on Feb 8, 2018
Mark Oakley's answer
Unfortunately, unlike Maryland's MHIC, the DCRA does not have a proactive investigatory and civil enforcement arm to it, and there is no insurance fund for consumers to claim against in the event a licensed contractor fails to perform a home improvement. Homeowners in DC are left to sue on their own in DC Superior Court. One thing in your favor is the DC consumer laws that provide attorney's fees and possible treble damages against the contractor, which can be awarded if you prove your...
Unfortunately, unlike Maryland's MHIC, the DCRA does not have a proactive investigatory and civil enforcement arm to it, and there is no insurance fund for consumers to claim against in the event a licensed contractor fails to perform a home improvement. Homeowners in DC are left to sue on their own in DC Superior Court. One thing in your favor is the DC consumer laws that provide attorney's fees and possible treble damages against the contractor, which can be awarded if you prove your...
Q: Should we merge our companies or just change the name?
Pawnee Ann Davis' answer
Changing the name would have no effect. So, I would advise you make the businesses one business. You have not said what type of business Company A is. But should they have the same or similar purposes it should be fine. However, I do urge you to consult with an attorney so that he or she can get more details to be certain they are advising you correctly.
Changing the name would have no effect. So, I would advise you make the businesses one business. You have not said what type of business Company A is. But should they have the same or similar purposes it should be fine. However, I do urge you to consult with an attorney so that he or she can get more details to be certain they are advising you correctly.
Q: If someone got in a fight and threw something and it hit someone else what’s the punishment if the person press charges?
Mark Oakley's answer
It's an assault. Depending on the seriousness of it, which may depend on the nature of the object, it could be charged as a felony.
It's an assault. Depending on the seriousness of it, which may depend on the nature of the object, it could be charged as a felony.
Q: If some will a house to you and it has to go through probate will the judge put the house in your name?
Richard Sternberg's answer
No. The judge will have nothing to do with the sale if the decedent passed after 1995, and the court’s only role for decedents who passed from 1995-1981 was to approve the sale. The personal representative (PR) handles the re-titling or sale, and, in most cases, the easiest way to afford all of the probate and sale expenses is to list and sell the house. With current real estate prices in DC, it is almost always the best choice, but that is up to the PR.
No. The judge will have nothing to do with the sale if the decedent passed after 1995, and the court’s only role for decedents who passed from 1995-1981 was to approve the sale. The personal representative (PR) handles the re-titling or sale, and, in most cases, the easiest way to afford all of the probate and sale expenses is to list and sell the house. With current real estate prices in DC, it is almost always the best choice, but that is up to the PR.
Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?
1 Answer
| Asked
in
Constitutional Law, Gov & Administrative Law, Civil Rights and Personal Injury
for
District of Columbia
on
Answered on Jan 3, 2018
Answered on Jan 3, 2018
Peter Munsing's answer
Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will be likely to be thrown out. For example if you sue because within the past 3 years that person ran into you with their vehicle that would be OK. If your claim is that 5 years ago the person improperly...
Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will be likely to be thrown out. For example if you sue because within the past 3 years that person ran into you with their vehicle that would be OK. If your claim is that 5 years ago the person improperly...
Q: Should I seek an attorney before allowing CPS to question my son??
1 Answer
| Asked
in
Family Law and Juvenile Law
for
District of Columbia
on
Answered on Dec 27, 2017
Answered on Dec 27, 2017
Sean R Hanover's answer
Great question -- NEVER speak with the authorities unless you are represented by counsel. This could have a devastating effect on your son and your family. You need to learn what gave rise to these allegations. In a CPS investigation, they will be targeting the family, and the environment that gave rise to the allegations. They could punish you as parents, or even take away your son. The charges, even though dismissed, are serious.
I recommend you contact counsel immediately. It...
Great question -- NEVER speak with the authorities unless you are represented by counsel. This could have a devastating effect on your son and your family. You need to learn what gave rise to these allegations. In a CPS investigation, they will be targeting the family, and the environment that gave rise to the allegations. They could punish you as parents, or even take away your son. The charges, even though dismissed, are serious.
I recommend you contact counsel immediately. It...
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