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District of Columbia Questions & Answers
1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can my niece re-enter the u.s?

I have a niece in new zealand, she came to the united states when she was 7 in 2001 without a visa, she came in the visa waiver program and she stayed here in the u.s going to school, being with her parents and family, as well as me for 7 years, so when she was 14, she went back to new zealand and... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jul 23, 2018

It has not been quite ten years, but technically, she should be able to reenter; however, give that she overstayed, she will likely run into some issues. Evidence of mitigating circumstances, as well as strong evidence of connections to New Zealand, will help her case.

2 Answers | Asked in Bankruptcy for District of Columbia on
Q: Will be filing chapter 7.

Should I wait until after I have file and everything has been done and over with before I apply for my social security.

Timothy Denison
Timothy Denison
answered on Jul 21, 2018

The filing of your bankruptcy should not affect your filing for social security. However, consult an experienced bankruptcy attorney before you do anything.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Hi, my daughter is a U.S Citizen and also a minor she will be 3 soon. She is currently out of the country.

The issue I have is I want her to come back and I need someone to help bring her back. She lives with my mom presently, I was wandering if I could I apply for a Visa for my mum so she can help bring her over.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jul 18, 2018

Certainly that is an option. Depending on your mother’s country of origin, she may not need a visa to come to the US. You can find out more at: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html

Q: Is this a matter for US Supreme Court?

I have a situation where I formed a contract by payment of ongoing fees with a US government department and for that contract I was lead to believe I would have legal rights protecting my property under US law given by U.S. Congress which has not happened, if things happened a certain way.... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 3, 2018

I have worked with patents for a long time. I cannot think of any government agency that accepts money from an individual for protecting intellectual property beyond the normal processes of filing for a patent, trademark, or copyright.

You need to talk with an attorney that can review all...
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1 Answer | Asked in Bankruptcy for District of Columbia on
Q: My ex has filed a motion to allow late -filed claim, a late-filed claim and a motion to lift stay in Chapt. 13
Timothy Denison
Timothy Denison
answered on Jul 3, 2018

Should not affect the outcome of your bankruptcy.

1 Answer | Asked in Landlord - Tenant and Small Claims for District of Columbia on
Q: My AC unit hasn't worked for 2yrs. New owners say they do not supply ac units. But in the past 2yrs my rent as gone up.

Can I recoup the amt of the rent increase? 2yrs worth.

Andrellos Mitchell
Andrellos Mitchell
answered on Jun 26, 2018

If I understand your very limited facts correctly...I would ask, Why would a new landlord pay for something that an old landlord did or did not do?

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can my brother be denied a US visitor visa because I have credit card debt or an open case? I am a naturalized citizen.

I am a naturalized US citizen and am currently visiting my immediate family in Burkina Faso where I am originally from. My brother applied for a US visitor visa and is told by the US Embassy on 6/22/18 that his request is denied due to code 214(b). My brother stated the embassy told him I have... View More

Carl Shusterman
Carl Shusterman
answered on Jun 24, 2018

There is no legal basis for such a denial. However, consular officers can always deny visas in the exercise of their discretion.

1 Answer | Asked in Child Custody and Family Law for District of Columbia on
Q: Can a parent take child away from nonparent if they didn't raise him?

I have my cousins child and she wants him back. We didn't go to court.

Alan Solomon
Alan Solomon
answered on Jun 17, 2018

Yes unless you have a court order for custody, parents have superior rights. If the natural parents are harmful to the child go file an emergency motion. If it is simply not in child's best interest file for custody immediately

1 Answer | Asked in Child Custody for District of Columbia on
Q: Is there a difference between physical and legal custody?
Mark Oakley
Mark Oakley
answered on Jun 12, 2018

Yes, and it's an important difference.

Physical custody refers to the the parent's custodial right to have the child in their care, during whatever time frames the court order directs, or during all times when the other parent is not afforded specific times for...
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1 Answer | Asked in Criminal Law for District of Columbia on
Q: What does it mean if you have a bench warrant?
Mark Oakley
Mark Oakley
answered on Jun 12, 2018

You missed a court date, and the judge issued a warrant for your arrest "from the bench" in open court for your failure to appear. You need a lawyer to arrange to turn yourself in an have the court date rescheduled, and to represent you on the charges.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I filed for my wife as a Spouse of a Permanent resident, her Visa appointment is Next Month, but i'm becoming a Citizen

...I'm becoming a citizen the following month after she has her visa approved, will that affect her coming in to the States? could the us customs and border protection not approve her to come to the US because at that particular time i will be a Citizen but her coming in to the states she... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

You may want to postpone your naturalization ceremony until she enters the US. She will be admitted in the family-based 2A category as the spouse of a permanent resident.

1 Answer | Asked in Car Accidents for District of Columbia on
Q: I was in an accident with property damage and was given a field sobriety test. I was released and no citation was given

Can they still come back an issue a ticket at a later time west virginia

Mark Oakley
Mark Oakley
answered on May 25, 2018

Yes, they do not have to charge on the spot, but it is unusual for them not to, unless there is a serious injury to someone where death is imminent or has occurred. In those cases, they review for possible manslaughter charges. What was your BAC test result? Also, your post is confusing as you... View More

1 Answer | Asked in Adoption for District of Columbia on
Q: Can I be adopted by someone even though I have a father, can I legally be a son to both even though they aren't married?
Mark Oakley
Mark Oakley
answered on May 12, 2018

Your natural parents must either consent to the adoption, or the court will have to rule on the evidence that sufficient reasons exist to terminate the parental rights of your biological parent, and grant adoption to the other.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: How much time will he be getting?

Hello, this is an immigration question:

My son was deported from the US on 2012 after serving a 7 year sentence for residential burglary charges and receiving stolen property, He has a daughter back in the US so he entered the US and was arrested by immigration about a week ago. I think... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

The Judge in his criminal case will decide how long he will spend in prison.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am currently on H1B and wish to pursue on campus weekend, non credit courses, leading to certificate. Is it allowed?

Status; H1B, will be working full time for employer

University where I intend to pursue program is College of Continuing studies, Georgetown, Washington DC

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

As long as you continue to work full time for your H-1B employer, there is no problem with you taking classes at the university.

2 Answers | Asked in Family Law, Immigration Law and Divorce for District of Columbia on
Q: I am married with a U.S citizen. I obtained my temporary green card through marriage, but I want to separate.

My husband of two years and partner of five year, with two kids in common under three years old has an addiction to alcohol and cocaine. I honestly don't want to continue with the relationship due to the mental distress is causing me and i dont want my kids to continue growing into an... View More

Carl Shusterman
Carl Shusterman
answered on Apr 21, 2018

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...
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1 Answer | Asked in Contracts and Employment Law for District of Columbia on
Q: If I leave beofre 18 months I owe 6K. Is this legal?

I recently interviewed with a company in Tyson's and looked through the sign on contract. In this offer letter there is a clause that states if I leave or am terminated before 18 months I owe them $6000. I do not receive a signing bonus or money up front. This seems very weird to me and I am... View More

Mark Oakley
Mark Oakley
answered on Apr 16, 2018

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... View More

1 Answer | Asked in Bankruptcy for District of Columbia on
Q: Filed bankruptcy chapter on 8-29-2017; it was discharged on 12-12-2017. Can a college withhold transcript and diploma?

Can a college withhold transcript and diploma after you receive your discharged Chapter Seven?

Andrellos Mitchell
Andrellos Mitchell
answered on Apr 3, 2018

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...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Do I need to reapply for my son's green card?

I'm a naturalized us citizen. I had a child in November 2015, who was living in the States with me when I naturalized in March 2017. Because of unforeseen circumstances, he & I had to leave the US soon after I naturalized. Because my husband was not present in the US, nor could he get an... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Mar 7, 2018

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.

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