Nebraska Questions & Answers by Practice Area


Nebraska Questions & Answers

Q: I have a brother who lives in Guatemala how can I get him to come to the US to visit and meet his son

1 Answer | Asked in Family Law and Immigration Law for Nebraska on
Answered on Feb 2, 2017

Has he ever been in the USA before? If not, he could try to apply for a tourist visa at the US consulate in Guatemala City. He would need to show very strong connections to Guatemala.
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Q: What to answer if Immigration officer ask mom what your daughter is doing as daughter is on H1b never worked .

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Jan 28, 2017

I suggest that mother and daughter have a private conversation with an experienced immigration attorney before answering any questions.
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Q: Can I hold anyone liable for my car "accident"?

1 Answer | Asked in Car Accidents for Nebraska on
Answered on Jan 26, 2017

I'm not hearing any accident--your car seems to have had some type of electronic coronary. No I don't see any way of holding the school responsible. Nor the city.
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Q: Assault in the Third Degree?

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Answered on Jan 23, 2017

Just to clarify, it's not your case, but rather the state's case. That is, you are a witness or victim to a crime and now, it seems, the state of Nebraska is pursuing charges against your ex-boyfriend. To be clear, your ex-boyfriend could be found guilty based on your testimony alone if the jury finds it to be truthful and that he violated the law beyond a reasonable doubt.

The effect of your pictures of his screen shot depends on the policy of the prosecutor's office. They might use...
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Q: Will my wife lose her visa? Does that affect her filing?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Jan 14, 2017

Yes it is possible. She may be charged with misrepresentation of a few issues considered to be material. I suggest you have an experienced immigration attorney review the file before she takes any action.
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Q: Can i sue this company?

1 Answer | Asked in Employment Law and Personal Injury for Nebraska on
Answered on Dec 7, 2016

It may be possible to sue them IF you can show that as a result someone was able to use that information. You say you have "7 different reports I know nothing about." Any lawyer you talk to will want you to find out what they are. They may or may not have anything to do with this.

Stress and anxiety are generally items that the law, in reality, gives little or nothing for. Yes they can be claimed as injuries, but the reality is that neither claims adjusters, judges nor juries give much...
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Q: What is statute of limitations and does discovery rule apply if diagnosis just made personal injury case

1 Answer | Asked in Personal Injury for Nebraska on
Answered on Dec 1, 2016

It varies from 1 to 4 years depending on type of case. Diagnosis made date usually irrelevant. Contact a member of the Nebraska Assn of Trial Attorneys--they give free consults.
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Q: Can a lawyer ask a doctor directly if a case is work-related for workman's comp Court

1 Answer | Asked in Workers' Compensation for Nebraska on
Answered on Nov 29, 2016

They can and at some point will want to but if they don't know what the answer will be don't want to just do it and have the doctor say "it's not related." You should contact a member of the Nebraska Assn of Trial Attorneys who handles workers compensation if you don't already have a lawyer.
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Q: I just went to workers comp court was denied because I didn't ask MD until after court and he expressed that it was

1 Answer | Asked in Workers' Compensation for Nebraska on
Answered on Nov 29, 2016

Talk to a member of the Nebraska Assn of Trial Attorneys who handles workers comp ASAP--they give free consults.
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Q: If my first attorney misrepresented me to waive my jury trial and I was found guilty can I get a new jury trial?

1 Answer | Asked in DUI / DWI for Nebraska on
Answered on Sep 18, 2016

You may be able to seek post-conviction relief or habeas corpus. Contact an attorney who handles appeals and PCR.
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Q: I'm almost turning 18 and if I wanted to fight a 13 year old girl would that be child neglect and abuse right there.

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Sep 18, 2016

Why do you want to fight a 13 year old? If you commit a battery on someone, you are subjecting yourself to criminal liability. Don't start anything you will regret later.
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Q: can I sue for retained placenta which caused me to get septic a hysterectomy feature hernia surgery here soon Nd other c

1 Answer | Asked in Medical Malpractice for Nebraska on
Answered on Aug 29, 2016

you will want to consult a member of the Nebraska Assn for Justice who handles medical issues--they give free consultations. Do this promptly. Do not discuss with medical staff any negative feelings. Let them talk. Not only do you learn more but you may need follow up care now and it's not good to have doctors scared they will "be dragged into a lawsuit."
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Q: A minor child is accused of sexualy molesting another younger child. Should he get a lawyer before his interview?

1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Answered on Aug 21, 2016

You need to talk to one at least (depends on age of kid).Consequences drastic, so yes.
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Q: If a magic trick is being sold by someone else, can I make that same gimmick and sell it as my own?

1 Answer | Asked in Intellectual Property and Patents for Nebraska on
Answered on Jul 20, 2016

While I don't know the specific gimmick, the general rule in the U.S. is "yes." Unless it is patented (very unlikely for a magic trick) or copyrighted (available only for the "patter" or pantomime surrounding the trick), then it is free to copy for anyone who knows the secret. Apparently France is more protective of its artists and magicians, as David Copperfield successfully sued a copyist in France over his flying trick.
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Q: If a sentinel event occurs, is the hospital liable for long-term damages?

1 Answer | Asked in Health Care Law and Medical Malpractice for Nebraska on
Answered on Jul 19, 2016

Not sure what you mean by a "sentinel event"as it can mean many things.But it sounds like you mean an error that cause a damage, possibly longterm. Short answer is if it was due to carelessness, yes, but.....legislatures are very protective of the medical profession so medical carelessness cases are very hard to prove. However members of the Nebraska Trial Lawyers Assn/Assn for Justice--give free consultations so you/your family can get advice. Suggest you get one.However don't discuss this on...
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Q: I can't prove that I was born in the U.S... Help.

1 Answer | Asked in Family Law, Immigration Law, Civil Rights and Social Security for Nebraska on
Answered on Jul 14, 2016

Hello,

This matter is better handled privately, there is a possibility for a FOIA in your situation. Consult with an immigration attorney in private to handle this problem. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is...
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Q: As at now (in June) I have B1/B2 tourist status. I am physically present in US. My tourist status ends in August.

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Jun 27, 2016

Hello,

Regarding filing two petitions simultaneously, it shouldn't create a issue as USCIS deals with the applications separately, even more so when you apply for asylum. If you are self-petitioning for an I-140 the process is completely different compared to an employer sponsoring you and petitioning on your behalf. I suggest you talk to an immigration attorney in private regarding this situation before filing any petitions, as USCIS does not refund the fees.

All the best....
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Q: I was in a auto accident as a minor 5 years ago and my mom retained a lawyer on my behalf. Can I change representation

1 Answer | Asked in Personal Injury and Car Accidents for Nebraska on
Answered on Jun 22, 2016

When you say she's not working on it, have you sat down and looked at the file? I would contact a member of the Nebraska Trial Lawyers Assn--they give free consults.See what they say/advise.
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Q: I applied for i-140 and USCIS denied my petition. Now I am in B1/B2 status (tourist) in US. May I apply for asylum?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Jun 2, 2016

You may be able to apply for Asylum but note that the processing time and the interview scheduling times are very long and it might go even longer now that the elections are approaching. I suggest you talk to an immigration attorney to find out if there are other benefits that might help in the short term. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular...
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Q: can my employer require me to remove me earrings and cover the visable holes left behind?

1 Answer | Asked in Employment Law for Nebraska on
Answered on Apr 24, 2016

Employers have wide discretion when it comes to dress an grooming standards for their employees. The restriction you describe regarding piercings is commonplace and likely to be upheld if subject to a legal challenge. Challenges to employer dress codes are only typically successful if an employee can cite a valid religious objection or if the dress standard is degrading or is indicative or in furtherance of illegal discrimination of some kind.
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