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Pennsylvania Questions & Answers
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What will the IS official do if they are informed at the 751 interview the couple is divorcing?

The couple files a marriage based 751 together, receive notice of the interview, go to the interview together, but inform IS they are separated and planning on filing for divorce (but have not yet filed for divorce). What will the interviewing officer do in this situation?

James L. Arrasmith
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answered on Nov 27, 2023

In this scenario, if a couple attending a Form I-751 (Petition to Remove Conditions on Residence) interview informs the USCIS officer that they are separated and planning to divorce, the officer's response will be guided by USCIS policies and the specifics of the case. Typically, the officer... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I have an I-485 pending and I also have an I-130 approved I’m getting my green card because my mom got married with a US
James L. Arrasmith
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answered on Nov 26, 2023

If your I-485 application is pending and your I-130 has been approved, this is a positive step towards obtaining a green card in the United States. The approval of the I-130 petition indicates that the U.S. Citizenship and Immigration Services (USCIS) has recognized the familial relationship, in... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: Is it my responsibility or my brother's kids to give the probate attorney a death certificate for him?

In early October, my mom passed away suddenly and unexpectedly. She didn't have a will. She lived in Pennsylvania, and I'm in Texas, so I have to do all this from afar.

The probate attorney told me I would need death certificates for her. A few weeks ago, he told me he would need... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 26, 2023

Determination of legal heirs where there is no Will is provided in the PA statutes.

Your PA probate attorney has this answer at his fingertips.

While it does seem that the brother's children would anxious to prove their entitlement to shares of his estate, it is best to give...
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1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was pulled over for being accused of not merging. I had merged already and had to avoid a vehicle I have Cdl ?

I was avoiding a reckless driver trying to get in a lane I merged out of. I had to go around to avoid accident. The officer was clearly 5 cars ahead must of thought I was trying to merge but I already did. Pulled me over as I passed by I have Cdl what should I do. Wrongly accused

James L. Arrasmith
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answered on Nov 24, 2023

If you were pulled over and feel you were wrongly accused of a traffic violation, especially as a CDL holder, it's important to handle the situation carefully, as traffic violations can have a significant impact on your professional driving record.

First, make sure to document all the...
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Q: I need to sue the government for stalking, harassment, and RICO; "gang stalking/organized stalking" (modern COINTELPRO)

I need a lawyer experienced/knowledgeable in government crimes (now declassified illegal COINTELPRO) to bring suit against it. I have not committed any crime and have a Federal background check, yet am still under 24/7 overt and covert surveillance and get "mobbed" with government asset... View More

James L. Arrasmith
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answered on Nov 20, 2023

Suing the government for claims such as stalking, harassment, and RICO violations requires a detailed legal strategy and a deep understanding of both constitutional and civil rights law. It's essential to start with gathering and organizing all your evidence, including the body cam and CCTV... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: My son’s girlfriend is from China and is attending graduate school here to get her master’s degree. She would like to

Stay and find work by obtaining a green card through an employer. If she can not find work before her visa runs out they are thinking of getting married because they eventually want to wed. Can she marry my son and get a green card and work in the U.S. but not give up her Chinese citizenship? She... View More

Adan Vega
Adan Vega
answered on Nov 20, 2023

Your son's girlfriend can continue to seek out job offers and also her optional practical training (OPT) prior to graduating. She can also explore the H-1B status with a prospective employer.

As to marriage to your son, you did not specify the immigration status of your son. Without...
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1 Answer | Asked in Collections for Pennsylvania on
Q: Can social security be garnished for credit card debt in PA?

My 72 yr old Aunt has advanced dementia, is being cared for by her sister (my Mom) and has thousands in credit card debt. My Mom is paying the debt but needs extra help to care for my aunt and doesn't have the money to pay for it. Can she stop paying the cc debt (from my Aunt's social... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 18, 2023

While Social Security payments are exempt from judgment creditors in PA (and almost all other places), a creditor with a judgment can require the debtor to appear for deposition in aid of execution, or force responses to other forms of discovery in aid of execution.

To fend that off, most...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: trying to get live birth record from harrisburg I was told to go to my local court house 4court order.isthatfamilycourt?

I’m in Philly just trying know which court can I get a court order for this and can a lawyer represent me?

James L. Arrasmith
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answered on Nov 17, 2023

In Philadelphia, to obtain a court order for a live birth record, you would typically go to the family court or the court of common pleas, as they handle matters related to vital records and personal documents. The specific division or department within the courthouse can vary, so it's a good... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Can you avoid getting a probate bond without a will?

My mother passed away recently, and she didn't have a will. I contacted an attorney to take care of her estate, and I'm getting the death certificates he needs.

He told me that since she didn't have a will, I'd have to get a bond. The problem is I don't have the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 17, 2023

Probate court rules can vary from county to county, but in your situation, a "family agreement", which usually deals with matters of both distribution and procedures, would be a good place to provide that you are to be the personal representative and that you are to serve without bond... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Pennsylvania on
Q: Between a landlord, an original tenant, and a sublessee, who is responsible for injury caused by mold?

sublessee moved in, and a few months later got sick. She tried to sue the landlord, but the landlord said he owed no duty to her because the original tenant was technically her "landlord"

T. Augustus Claus
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answered on Nov 16, 2023

In Pennsylvania, the landlord's responsibility for mold-related injuries depends on the case's specific circumstances. However, landlords generally must maintain their rental properties in a habitable condition. This means they must take steps to prevent mold growth and remediate any mold... View More

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1 Answer | Asked in Estate Planning, Probate and Tax Law for Pennsylvania on
Q: In PA, Can non-probate inheritances be filed on a separate inheritance tax return from the return filed by the estate?

e.g., An estate is established, no will exists. Probate (and some non-probate) items will be included on the Inheritance Tax Return filed for the estate. There also exist some non-probate items with beneficiaries named (e.g. IRA, annuities). Can the beneficiary file their own Inheritance tax... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 16, 2023

In PA, the "estate tax" is levied upon the fair market value of the benefit distributed. Usually, the Will provides that the Estate will pay all debts, and that includes the tax on bequests. Once paid, the distributed benefit gets the "stepped up basis" to its fair market... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Is early termination of probation or probation transfer to a different state possible for DUI conviction in PA

(Currently low-risk Phone Reporting Probation for +2years)

what is the process and is it difficult?

what is the cost of either process?

rate of successful applicants

Is there a time frame it takes to get an answer if application or process is accepted?

Reid DeChant
Reid DeChant
answered on Nov 16, 2023

I would suggest discussing this with your probation officer or probation department, as every county and probation department handles these differently.

In Colorado, for example, most probation departments are supervising first DUI convictions with low risk remotely by phone. A second or...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Possible for early probation termination with DUI conviction?
Reid DeChant
Reid DeChant
answered on Nov 16, 2023

Every court will have different procedures on whether or not these requests are granted, but generally speaking, yes you can apply to terminate your probation early. Once you have completed all of the required conditions, assuming you did not have any complaints or issues while on probation, you... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: I am 18 and I get SSDI checks and my grandma is refusing to give me my check because I am refusing to give her money

Is it legal for her to take it ?

James L. Arrasmith
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answered on Nov 13, 2023

If you are 18 and receiving Social Security Disability Insurance (SSDI) checks, these funds are legally yours. Your grandmother does not have the right to withhold your SSDI checks, regardless of your refusal to give her money. As an adult, you have legal control over your finances, including any... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: My coworker with the same job title and same job duties makes 13,000 more then me. And has been with the company less.

I have been a manager at a large retailer for the past 9 years, my coworker who was hired at a higher position and then stepped down and was able to keep his pay and now makes 13000 more then me, he has only been with the company for 2 years vs. myself who has been with the company for 18 years. We... View More

Casey Green
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Casey Green
answered on Nov 13, 2023

You did not reveal your gender, but among other potential claims, you may have a cause of action under the the Equal Pay Act, which requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal and this is... View More

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: This might be a little confusing but my friend and her husband have been married for 18 years they shared a home togethe

The husband went and got a PFA on the wife and had her removed from her home the home is in her name only after the PFA was granted the husband took a stroke and is currently in the hospital still now because of this PFA she is not able to see her husband or get back in her home because of the... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Pennsylvania, if your friend is facing a situation where she is removed from her home due to a Protection From Abuse (PFA) order, despite the home being in her name, she should consider seeking legal counsel to address this complex situation.

The fact that the home is solely in her name...
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1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Will I be held in contempt if I don’t testify in a domestic violence case in pa if I’m the witness and wife

I’m a witness for the COMMON wealth of PA and was subpoenaed to testify for a domestic violence case against my legal husband. I wrote an affidavit for the police the day it happened. So if I refuse to testify against my legal husband will I be held in contempt or am I able to use Spousal... View More

James L. Arrasmith
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answered on Nov 12, 2023

If you are subpoenaed to testify in a domestic violence criminal case against your husband in Pennsylvania, you can be held in contempt of court for refusing to testify even if you are the victim/witness. Here are some key reasons why:

- Spousal privilege generally only applies in civil...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Does it violate the 14th amendment right to travel if my probation officer bars me from traveling
James L. Arrasmith
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answered on Nov 12, 2023

In the context of probation, the right to travel, as protected under the 14th Amendment, can be lawfully restricted. Probation often comes with conditions that aim to ensure public safety and facilitate rehabilitation, and these conditions can include travel restrictions. The Supreme Court has... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: My fiancée is in jail over a case where they had no victim no witnesses and no weapon they gave him 15-30 years

They have denied him a habeas corpus and supresión of evidence he has filed a pcra

James L. Arrasmith
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answered on Nov 12, 2023

In Pennsylvania, if your fiancée is in jail serving a sentence of 15-30 years despite there being no victim, witnesses, or weapon, and his attempts at habeas corpus and suppression of evidence have been denied, the Post Conviction Relief Act (PCRA) petition he has filed is a crucial step. The PCRA... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: N-400 continuous residency break or can i overcome?

Overcome continuous residency

Hello everyone! Im currently in process of getting citizenship. I have been a gc holder for 5 years and I went to my biometrics appointment last Wednesday. Now im trying to get ready for interview process.

When i got the gc i was in my senior year at... View More

James L. Arrasmith
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answered on Nov 10, 2023

Regarding your concern about breaking continuous residency for your N-400 application, it's important to note that trips outside the U.S. for more than six months but less than a year can potentially disrupt continuous residency.

However, if these trips were for a specific purpose...
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