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Iowa Questions & Answers
1 Answer | Asked in Immigration Law for Iowa on
Q: If he will be returning home after, can my fiancè get married on an ESTA or does he need a separate visa?

This might be a dumb question, but I cannot find the answer. Can my British fiancè come to the US on an ESTA to get married with the intention of returning home to the UK? I am a US citizen and we've plenty of evidence that he'll be returning home. We plan for me to join him when all is... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on May 26, 2023

If a British citizen enters the United States on an ESTA visa waiver, with the intention of temporarily staying here, but thereafter decides to get married and remain permanently , (because he changed his mind), then, yes it is possible for him to adjust status if he gets married to a US citizen.... Read more »

3 Answers | Asked in Immigration Law for Iowa on
Q: I and a couple of friends want to form LLC & all of us are on H-1B Visa. Can we form an LLC on H-1B Visa Status?
James L. Arrasmith
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answered on Apr 29, 2023

Yes, it is possible for individuals on H-1B visa status to form an LLC in the United States. However, there are some important factors to consider when forming an LLC as an H-1B visa holder.

First, as an H-1B visa holder, you are generally authorized to work only for the specific employer...
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1 Answer | Asked in Criminal Law for Iowa on
Q: What if a person that works at a nursing home is taking penicillin home to give to family without prescription
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 12, 2023

That would be stealing from the nursing home and, depending on if they were a licensed professional, could be diversion of the drug from a patient. Then it would get into from where in the nursing home the drug were removed. Was it in the hall cart or from the emergency department supply?... Read more »

1 Answer | Asked in Bankruptcy for Iowa on
Q: Can a trustee in a chapter 7 bankruptcy take a structured settlement from a wrongful death? I live off of those payments
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 8, 2023

A quick check indicates that Iowa does NOT recognize the federal bankruptcy exemptions, so you'd be subject to the Iowa state statutes for any exempt property.

I strongly recommend that you speak with an experienced Iowa attorney to determine the nature and extent of exempt property...
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2 Answers | Asked in Bankruptcy for Iowa on
Q: How do I go about filing bankruptcy and how's it paid for
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 27, 2023

Quickest way is for you to google Official Bankruptcy Forms, and you should end up on the site for the official Iowa bankruptcy court. And alternative is to go to bankruptcydata, com, and click on "free resources", which will take you to a list of every official bankruptcy court site.... Read more »

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1 Answer | Asked in Bankruptcy and Collections for Iowa on
Q: Faltered on auto loan, not my vehicle, company filed lien on me,options?

Girlfriends vehicle what options do I have regarding responsibility or bankruptcy

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 27, 2023

Much of the best answer depends upon whether/what docs you signed regarding the auto loan.

That the auto loan lender "filed a lien" against you strongly suggests that you signed some form of personal guaranty of payment on that loan. If so, and the loan is in default, the lender...
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2 Answers | Asked in Immigration Law for Iowa on
Q: Can I apply for my citizenship right after I get off probation ? Charges marijuana first offense and theft 5th degree ?

I used my deferral judgment to get does charges off my background

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 3, 2023

Unfortunately deferments do not count for immigration law. The officer conducting the naturalization interview would look at your moral character particularly in the 5 year period directly preceding your naturalization application. So, if you have any criminal history during that period, it will be... Read more »

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2 Answers | Asked in Immigration Law for Iowa on
Q: Can I apply for my citizenship right after I get off probation ? Charges marijuana first offense and theft 5th degree ?

I used my deferral judgment to get does charges off my background

James L. Arrasmith
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answered on Feb 25, 2023

As a general rule, individuals who have been convicted of a crime may not be eligible to apply for U.S. citizenship until a certain amount of time has passed after the conviction. The length of time can vary depending on the nature of the crime and other factors, such as whether the person has... Read more »

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1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on
Q: I have a torn Bicep labrum for 10 months now & being told I have to use my own points if I miss work due to pain from it

Points = my attendance for my works compensation accident.

Erik Luthens
Erik Luthens
answered on Feb 16, 2023

If your torn bicep is due to a work related injury, you need to immediately pursue a worker’s’ compensation claim. If the injury isn’t work related, you should inquire as to whether you are eligible for FMLA time.

1 Answer | Asked in Contracts for Iowa on
Q: Can I sue my storage facility for making me Carry there (opt in) insurance coverage which cover's up to $7,500 for theft

I have receipts for all my items that was stolen,there insurance company has been provided with the Police report,my receipts for stolen items and pictures of My stolen tools also.But there insurance adjuster is using every excuse in the world to not pay out my ligit insurance claim.

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

Ordinarily, a self-storage facility is not legally responsible for the theft of items from an individual renter’s storage unit.

Individual renters purchase insurance to cover theft or damage to their own stored property.

You store it. You lock it. You keep the key. And you keep...
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1 Answer | Asked in Copyright for Iowa on
Q: Opening a quilting business, and I want to sell basic patterns, how would I check if it is too similar to a ©️ pattern

I intend to start a retail quilting/diy store; if I base a design off of an idea that I’ve seen (Pinterest, family quilts, magazines, in-store etc) if I made something that was similar, but I didn’t follow their directions, (or theoretically, if I did) could I be infringing on copyrights of... Read more »

Steve Charles Vondran
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answered on Dec 17, 2022

It is important to understand copyright laws when it comes to selling quilting patterns. While certain elements of copyrightable subject matter may be used without infringing upon existing copyright protection, the substantial similarity of a design can create copyright infringement issues. If a... Read more »

1 Answer | Asked in Civil Litigation for Iowa on
Q: My nephew is involved in a lawsuit, found out they are being followed and videos recorded and pictures taken is it legal
Tim Akpinar
Tim Akpinar
answered on Dec 6, 2022

An Iowa attorney could advise best, but your question remains open for two weeks. It could depend on the type of lawsuit and the relevance of the videotaping. If it involves an injury case, it is permissible for investigators from insurance carriers to observe claimants in public places without... Read more »

1 Answer | Asked in Business Formation and Business Law for Iowa on
Q: If I have comercial small business/building insurance do I need an additional business insurance at same address???

I’m paying almost 5k a year on my newly possessed comercial building and it has a small mechanic shop in the garage. It’s an old gasoline station no pumps, no gas tanks just my new residence. My insurance agent made an additional charge of 1.5k for the small business shop in the back and it’s... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2022

An Iowa attorney could advise best, but your question remains open for two weeks. However, it would be difficult to answer your question about whether you need additional insurance. This is something to go over with your insurance carrier or broker, who would review your needs in more detail.... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I have 2 pinched nerves from lifting cases of product. I am a truck driver that delivers and unloads my product.

Dr says it’s from degenerative arthritis but was no problem until I was unloading my truck one day. Now my right shoulder and arm go numb.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 10, 2022

Another fake opinion and fake denial. Gee, I wonder why?

Most of the authorized treating physicians are handpicked by the insurance company. That creates a conflict of interest and a bias against the injured worker. Because the injured worker is not the doctor's client or the customer;...
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1 Answer | Asked in Workers' Compensation for Iowa on
Q: Had a neck claim denied and shoulder claim accepted but after 4 months shoulder doctor says mri was normal for shoulder.

Shoulder Dr referred me to Cervical spine Dr and they have been treating neck does this mean it’s been accepted?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 8, 2022

No. Not accepted unless you have a letter from the insurance adjuster that says it is an accepted claim.

They don't want to accept the claim because it will entitle you to industrial disability (a higher benefit). Iowa workers' compensation has become a game of one denial after...
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1 Answer | Asked in Real Estate Law for Iowa on
Q: Does a loan modification require the signature of all borrowers listed on the mortgage?

It’s a VA loan and I’m the qualifying veteran. The loan requires the property to be my primary residence but she refuses to refinance and take me off the loan. Also I signed a quit claim during the divorce

Anthony M. Avery
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Anthony M. Avery
answered on Aug 31, 2022

All notemakers will have to agree to the modification. However what did the Divorce order? If it required a conveyance and a refinance, then file an action to hold her in contempt. If the VA discovers any breach of the security instrument it might get the lender to foreclose, so be careful.

1 Answer | Asked in Social Security for Iowa on
Q: After applying for *but not having been approved or denied* SSI benefits, are you able to move states?

A friend is currently homeless and has applied for SSI benefits in Tennessee. They have not been approved or denied. They wish to move to Iowa where I live. Will they need to start a new application process, or can they just notify the Social Security Office of a change of address?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 30, 2022

Your friend can just update her address with Social Security when she moves at either the local Social Security field office or by calling the national Social Security number at 1-800-772-1213. Since Social Security is a Federal program, it will carry over when she moves to a new state. There is no... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: When feds pick up a state case how does that person get appointed a federal lawyer,from their state lawyer

This case is in Iowa. They were state charges, & the feds picked them up and now being held in county jail, & cannot get any information from anyone regarding this inmate. How does someone go about getting a federal attorney appointed when the attorney they have was the attorney appointed... Read more »

Katherine Sears
Katherine Sears
answered on May 22, 2022

Those of us who practice exclusively Iowa law don't necessarily know how to navigate PACER (the federal filing system) let alone how to request the appointment of federal counsel.

Your friend could call the federal public defender's office and see if someone over there knows....
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2 Answers | Asked in Immigration Law for Iowa on
Q: Can we start the k1 Visa process?

I've recently got divorced in Wisconsin which requires a 6-month stay to remarry. Since then I have moved to Iowa that does not have those restrictions on remarrying. I have met a girl in the Philippines while visiting there and we have been dating every since and want to get married. Since I... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on May 16, 2022

A US citizen who is unmarried is free to sponsor a foreign national for a fiancé K visa. Both of you must physically meet within 2 years of filing the case. Once the visa is issued the two of you must marry within 90 days after her entry into the US. Then she can adjust status to get her green... Read more »

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2 Answers | Asked in Immigration Law for Iowa on
Q: Can we start the k1 Visa process?

I've recently got divorced in Wisconsin which requires a 6-month stay to remarry. Since then I have moved to Iowa that does not have those restrictions on remarrying. I have met a girl in the Philippines while visiting there and we have been dating every since and want to get married. Since I... Read more »

Adan Vega
Adan Vega
answered on May 15, 2022

You must be unmarried to be eligible to file the FORM I-129F petition to begin the process for the K-1 fiancée visa. After the petition is approved by USCIS and the K-1 visa is issued by the U.S. consulate and your fiancée enters the U.S. you can then marry. This process will generally take more... Read more »

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