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1 Answer | Asked in Immigration Law for Texas on
Q: Im alien and my wife has a green card. Can I get green card while she has residence? Should I wait till her citizenship?

My wife has a green card. Im interesting if im alien is any way to get residence or I have to wait untill her citizenship? If so, is it true that I can apply for residence in the same time when she will apply for citezenship? Thank you

Kevin L Dixler
Kevin L Dixler answered on Jan 16, 2022

More information is needed. Are you in valid non-immigrant visa status? Or have you fallen out of status or has your stay expired?

There are also other issues that can complicate matters. I strongly recommend an appointment or teleconference with a competent and experienced immigration...
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1 Answer | Asked in Immigration Law for Texas on
Q: Hello, im alien, gonna merry my supouse and she did not fill taxes for last 17 years, can I still get green card?
Adan Vega
Adan Vega answered on Jan 16, 2022

If your future spouse is a U.S.citizen or U.S. lawful permanent resident, the FORM I-130 can be filed with USCIS by your spouse once you marry.

You can also file the FORM I-485 if your spouse is a U.S. citizen and you lawfully entered the U.S. and if you are otherwise not inadmissible....
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1 Answer | Asked in Contracts, Workers' Compensation and Construction Law for Texas on
Q: If I work on the house I'm living in can I charge my landlord for the labour I put in

My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor

S. Michael Graham
S. Michael Graham answered on Jan 13, 2022

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

1 Answer | Asked in Family Law for Texas on
Q: I started a Harris County Civil Family SAPCR case to get my child back. Can I cancel or postpone the court date?

My sister is abusive and lies a lot and people believe her. We had a mediated agreement in Travis County, I'm pro se, he attorney moved the case to Harris County, where she lives, and then my dad died, and she never even told me, and all of my pro se advocate help is overwhelmed due to Covid,... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 13, 2022

You can file a Motion for Continuance to postpone the court date and the court will issue you another court date. Your sister can agree with the continuance without court interference. If she doesn't agree to the continuance, you would need to get a court date and ask the Judge to grant you a... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 13, 2022

Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to file my DBA, can I shorten my DBA name or do I have include the entire name?

ie. The Bakery Shop vs The Bakery Shoppe Cupcakes & Treats

Jaime Victor Papa
Jaime Victor Papa answered on Jan 12, 2022

Yes, you can shorten your DBA name or use an entirely different name. I often work with clients to help them with this process.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is it required to let the other parent know of change of residence within 60 or 90 days before move?

What if I need to move before 60 days? Is that not allowed? I just found out I have to move and it needs to be done before that amount of time. I did not see any statement on papers Indicating when I have to let the other parent know.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 12, 2022

If there is not a geographical restriction in your court order, preventing you from changing the primary residence of the child without further orders from the court or without the other parent's consent, then typically court orders require the primary parent to notify the other parent of a... Read more »

1 Answer | Asked in Family Law for Texas on
Q: How do I go about moving out of state with my child due to husband's work and haveing joint custody?

I have primary custody and my papers say I am allowed to determine primary residence without reguard to geographical location. Im not sure how I am supposed to go about it or if he is able to stop me in any way.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 12, 2022

If your court orders state that you have the "exclusive right to designate the primary residence without regard to geographical location", you are allowed to move your child's primary residence (within or outside of the State) without further permission from the court.

You...
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1 Answer | Asked in Real Estate Law for Texas on
Q: What to do when the HOA Management company is not operating by the CCR's of the HOA?

Per CCR's the payment shall be due after 30 days before the late payment is due. They are applying it after 15 days. They refuse to abide by our Articles and CCR's.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 12, 2022

If you have brought it to the attention of the Board and nothing has been done, then I would contact a lawyer in your area to review your matter and perhaps write a letter to the Board/management company asking for a reversal of the late charges. Since there's probably more than 1 affected... Read more »

1 Answer | Asked in Child Support, Divorce, Family Law and Immigration Law for Texas on
Q: Hi. I’m a lawful permanent resident. I’m in Texas and currently needing advise with regards to divorce/child support.

I’m a lawful perm resident. I came along with my two minor kids to usa on a k1/k2 visa. My husband signed both ai-134 and I 864.We also had a child during our marriage who is now 3.He moved out after we experienced ongoing issues regarding abuse towards myself and my children.We have been... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 12, 2022

More information is needed, perhaps, but this is likely more of a divorce question than immigration. You are a lawful permanent resident, not a conditional resident, correct? You should file for citizenship by naturalization, since you seem to have been a lawful permanent resident/conditional... Read more »

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Hello, I rear-ended another vehicle while working and driving a company vehicle.

I rear-ended another vehicle while working and driving the company vehicle and I am an employee and not a contractor. My employer he's trying to deduct money from my paycheck and I need advice on how to deal with this since the employer is liable for the cost. What can I do to prevent or... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 12, 2022

A Texas attorney could advise best, but your question remains open for two weeks. From the standpoint of insurance, your employer should have a commercial policy in effect for the vehicle. That should cover third-party liability claims. I hope you were not injured, but if you did require any kind... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My son was arrested because he had his prescription meds in his pocket. He has proof from Dr. that he is prescribed

Will it be enough to bring proof of the prescriptions to court to have this dismissed? Will a court appointed attorney be able to handle?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 10, 2022

Of course his court-appointed attorney can handle this. And it's considerably more complicated than your son just bringing proof of the Rxs to court. Have him turn over those prescriptions to his attorney. I hope you get on top of this very quickly because it's possible that the lawyer... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I got a divorce in Massachusetts, I did not ask for child support at the time. Can I ask now?

I now live in Texas, and I’m Active duty Coast Guard. My daughter is 6 years old. I have her for school year and the father gets her for holiday days summer. He does not pay child support at this time. And he refuses to help pay for day care. Occasionally he sends money for clothing.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 10, 2022

Yes, you can. You could file a suit to modify your current court order and request child support. You should first register your current court order in the county where the child resides.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My two month old had been taken without my permission and not brought back yet or heard from

Without permission or knowledge or any contact for almost 24 hours

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 10, 2022

I'm sorry to hear that your child has been taken. My first question is, "taken by whom"??

If taken by the other parent, that parent may be within their right to have possession of the child. If there is not a court order in place regarding the child, the law is that both...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Is a certified adult name change order sufficient to attach to an existing Power of Attorney in Texas?

I got married and legally changed my entire name. I am the agent on my parents Statutory Durable and Medical POA', and I am listed as a beneficiary in their wills as well. My financial institution is allowing me to attach a copy of the certified order of my name change to their POA's for... Read more »

Daniel Palmer
Daniel Palmer answered on Jan 10, 2022

Statutory Durable Powers of Attorney are tricky in that different financial institutions have different requirements. While the certified order may suffice for purposes of one financial institution, it may very well not for another. The safest bet would be to create new powers of attorney which can... Read more »

2 Answers | Asked in Banking, Criminal Law, Identity Theft and White Collar Crime for Texas on
Q: Is there someone that can be held responsible for the headache this charge has caused me?

About myself: Besides a dismissal back in 2006 for Driving with Invalid License, and now this case, I have no other criminal history.

Recently, I was arrested due to having a warrant for one charge that was due to 2 hot checks I supposedly wrote at HEB, back in 2018.

I was confused... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 9, 2022

Generally, a person has to pead guilty or "no contest" (which is the same thing as pleading guilty) in order for them to be placed on probation. And if you pleaded either of those, I'd say you are really out of luck. Then I would ask why you would do such a thing knowing you were not... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »

Leslie Ann Werner
Leslie Ann Werner answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
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1 Answer | Asked in Estate Planning for Texas on
Q: My husband and I will make our wills in Texas. We are retiring in Puerto Rico. Will out will be valid there?

We have no kids. He is my beneficiary and I am his. He has his mother, I do not. I do have siblings and he has a sibling and a niece. Will parent, sibling or niece be due an inheritance from his or my will, even though we are each other’s beneficiaries?

Paul Premack
Paul Premack answered on Jan 7, 2022

It is always best to make your estate plan in the jurisdiction where you are living. If you are moving away from Texas to Puerto Rico for retirement, then wait until you have moved, see a lawyer in Puerto Rico, and make your estate plan under PR law.

That said, a valid Texas Will requires...
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1 Answer | Asked in Estate Planning for Texas on
Q: : Me and my boyfriend of 12 years bought property together and built a home for retirement.

He wants to put in a trust for kids. If something happens to either one of us can the other change trust or sell property?

Paul Premack
Paul Premack answered on Jan 7, 2022

There are a number of legal issues you must consider. Since you are not married, the purchase would be classified as creating separate property owned partially by each of you. However, Texas has a "common law marriage" regime that could allow either of you to claim marriage and try to... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Me and my boyfriend of 12 years bought property together and built a home for retirement.

He wants to put property in trust for the kids. If something were to happen to one of us can the other change or sell property?

Todd Alan Marquardt
Todd Alan Marquardt answered on Jan 7, 2022

Good Afternoon, Yes we can help with creating a Trust. Please call my office and speak with my calendar coordinator Sarah to schedule a free initial consultation. Thank you for reaching out and we hope to hear from you soon!

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