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District of Columbia Questions & Answers
1 Answer | Asked in Employment Law, Elder Law and Employment Discrimination for District of Columbia on
Q: Coworker is making childish remarks and you say "your almost 70 yrs old and acting like a child."

Is one remark consider age discrimination or does it have to be a pattern of behavior?

Andrellos Mitchell
Andrellos Mitchell
answered on Aug 6, 2019

Well, it depends on what the policy is at your workplace. Generally speaking, I would say that actual... View More

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: What happens in the District of Columbia in a "joint tenancy" when an individual passes?
Mark Oakley
Mark Oakley
answered on Aug 5, 2019

The survivor of the two joint tenants becomes sole owner of the property as a matter of law. The survivor can, but need not, file a new deed to show the property is solely theirs. They will need the death certificate and a new deed drafted. Alternatively, they may only need to record the death... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: What is the penalty for someone (green card holder) deliberately creating a false asylum application for their relative?

This is a confidential question.

Paul E. Tennison
Paul E. Tennison
answered on Jul 12, 2019

This is a public forum, it is not confidential. I recommend you consult with an attorney about this in person. Obviously it is not good. You are stating that someone has engaged in fraud against the government. If discovered that person could be prosecuted and it may affect the immigration status... View More

2 Answers | Asked in Immigration Law for District of Columbia on
Q: How to sponsor parents for green card?

My sister is currently attempting to sponsor my parents in receiving their green cards. My parents are currently on A-2 visas because my dad is employed with the Thai embassy as local staff. They both do not have medical records because rural thailand does not keep track of those very well. I... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jun 25, 2019

You sister can file the visa petitions at the same time your parents file applications for green cards. Your sister will need to show financial sponsorship, too. Your parents will need to get medical exams, and any doctor qualified to do immigration medicals will be able to give them all of the... View More

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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
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?... View More

Benjamin Williams
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
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... View 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
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... View 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
PREMIUM
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... View 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.

Tim Akpinar
Tim 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... View More

Andrellos Mitchell
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... View 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
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...
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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
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
PREMIUM
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
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... View More

Kevin L Dixler
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...
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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... View More

Deron Edward Smallcomb
PREMIUM
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,... View 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
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
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... View More

Richard Sternberg
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... View More

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