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2 Answers | Asked in Family Law and Immigration Law for Texas on
Q: Hello, I have a question regarding getting married in the U.S., with one person being a foreigner.

I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to... View More

James L. Arrasmith
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answered on Jul 2, 2024

Here's a concise response to the situation:

1. ESTA and Marriage: You can legally marry while your fiancée is in the US on an ESTA. However, entering on an ESTA with the intent to marry and stay permanently could be considered visa fraud.

2. Options to Consider:

a) K-1...
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1 Answer | Asked in Employment Law for Texas on
Q: Reading a new job contract: there's a “$500 per day” penalty for not giving a 30-day notice. Can a job do this?

I am a nurse practitioner, and this was in my new job contract. This is my first time seeing something like this. So I was curious if companies can do this.

John Michael Frick
John Michael Frick
answered on Jul 2, 2024

Most of the time, people can enter into a contract on any terms that are mutually agreeable unless they are illegal. Penalty clauses like this may be void as against public policy if they are excessive and not a reasonable forecast of the damages a party will sustain from a breach of the... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How to get legal help for Child custody when CPS is doing nothing?

Child is being neglected by the mother and CPS will not do anything. Child and mother live in Texas and the custody case is in Tarrant county.The mother's home is not clean we have pictures. The Child has reported to many family members that he only gets one meal a day and that laundry soap... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

You should retain an attorney who practices in the area of family law in or near Tarrant County to file a custody lawsuit. If reports of abuse or neglect have been made by someone other than you or your family members, you should subpoena records from CPS to use in your custody case and try to... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: My trailer is parked in a friends driveway when l went to pick it up he wants to charge me can he do that?
John Michael Frick
John Michael Frick
answered on Jul 1, 2024

If you commit a crime, your friend can notify police and file a police report. Law enforcement will then refer the case to the district attorney who will decide whether to file criminal charges against you.

The fact that your trailer is parked in your friend's driveway does not excuse...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my renters refuse to pay rent on the 1st because he paid last months rent. without 30 days notice

My renter was given a 3 day eviction notice June 24th for lease violations. He is dodging Police to serve him . Tomorrow is the 1st of the month for rent and still not moved out. He says he does not have to pay me because he paid his last months rent 4 years ago. THere is no new lease since 2021.... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

It depends on the language of the original lease agreement. At the end of a lease term, if a tenant holds over (remains in possession of the premises), the lease renews on the same terms and conditions stated in the original lease agreement month-to-month.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Texas on
Q: My dad passed away and left my sister power of attorney over the house he owned. It's still in his named but she owes

Back taxes and the city is about to sell the house and she loses it. There is a will my dad left for the house but she never filed it. If the house was sold it would be split among us children. These taxes are from her failing to pay them the past two years since my dad died. How do I gain control... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

A power of attorney expires when the maker dies. When your dad died, any power of attorney he signed naming your sister ended.

Since your father left a will and you are an heir under that will, you have the right to file an application for probate of the will. If someone else (e.g. your...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I just got severed last Friday for Motion For Enforcement of Possession or Access. How do I response to it?

The dates go all the way back to 2018. But, what I don't get that we don't have police reports for any of the days he is claiming that I didn't let the kids go. Also I'll like to turn the case into I change in child custody because I don't feel like my children are safe at his place.

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

Police reports aren't required and are rarely offered into evidence in a post-decree enforcement proceeding for denial of possession or access.

You can file a motion to modify if you feel that your children are not safe at his place. While is is unlikely that a court would forbid...
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1 Answer | Asked in Collections for Texas on
Q: What happens if I disregard a Post-Judgement Interrogatory on a 6 year old judgement?

A judgement was obtained by Discover Card on ~ $6100 in credit card debt on Sep. 12th 2018 but I was not even aware of this until now when I received this document that states I have 30 days to reply. I own my own home that is in poor condition, and a 1999 Chevy Truck that is not currently running.... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

If you disregard a post-judgment interrogatory, most likely the judgment creditor will file a motion to compel. A judge will most likely order you to answer the interrogatory and award the judgment creditor additional attorney fees.

If you disobey the judge's order, the judgment...
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1 Answer | Asked in Immigration Law for Texas on
Q: As a green card holder, if my re-entry permit application is rejected, what options do I have to address the issue?

I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the situation you've described, here are some options you might consider:

1. Wait for a decision:

Given the USCIS response about high volume and long processing times, waiting for a decision is a valid option. However, this may be challenging if you need to stay abroad...
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1 Answer | Asked in Contracts for Texas on
Q: About 2 months ago my employer gave me a loan for $3500 for a dwn pymnt on a vehicle and. can she keep it if its finance

In the loan it mentioned if i quit or got fired that i would have to pay the loan immediately, i got fired and before i knew it. she went through my personal items and took my keys. when it was time to leave she had my car in her possession. In the contract it did not mention my car as collateral.... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

No, your employer cannot keep the car. You should file an action in justice of the peace court for replevin to get a court order to get your car back. Expect your employer to countersue for a judgment for the balance you owe to your employer for the loan given to you. Because your contract does... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Texas on
Q: My son passed away and his vehicles were in mine and his name but his son says they’re rightfully his is that true
John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Property that is jointly titled does not automatically pass to the survivor unless specifically titled as "joint with right of survivorship." Otherwise, each owner on the title owns an undivided 50% interest in the property that passes to that owner's heirs as provided by law.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Attorney can’t find my court files from 1997 when he went to pull them. Is that good or bad thing?

I’m talking to this writs attorney. About this terrible case I have from 90’s that I was coerced into a statement. I’m trying to hire an attorney who will at least try to help me. I was accused of Agg, Sex Assault and indecent with child contact. I just turn 18 & she was 13, which I... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Courts lose records. Sometimes an event like a fire or flood or tornado destroys them It's less likely nowadays with so many records stored electronically, but many records in the 1990s were still in paper format. Lost or destroyed court records can often be reconstructed from other copies.... View More

1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Libel & Slander for Texas on
Q: A year ago, I discovered my boss was spreading lies to fire/bully me out of my job.

My boss tried to fire me by spreading false rumors that I was threatening and bullying coworkers. She falsely claimed in a group chat with other managers that I was a gangster and mentally unstable. The store HR representative accused me of being a warlock/witch who casts spells. After discovering... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Employment discrimination requires proof that your employer took adverse employment action against you based upon an unlawful reason such as your race, color, nationality, ethnicity, sex, age, disability, religion, or pregnancy. Your employer can lawfully take adverse employment against you based... View More

1 Answer | Asked in Foreclosure for Texas on
Q: Does an HOA violation survive a foreclosure under Texas law if no lien was filed

There was no fine issued.

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

It depends on the language of the applicable Declarations, deed restrictions, and HOA rules. A lien impresses an obligation, such as a fine, on the property itself and gives a new Buyer notice of that obligation. But that obligation exists notwithstanding the recording of a lien. A fine imposed... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I feel that my previous landlord is charging my family and I wrongly after we have moved out of the residence.

This is what I said to the landlord:

Good morning, I looked over the statement you send my husband and I. A lot of this doesn’t make sense or add up. There is no way we owe the apartments $2,133.45.

We were on no lease agreements and we left 8/1/2024. The amount here doesn’t... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

It would be unusual for someone to refer to someone else as their landlord and to occupy an apartment without a lease agreement of some sort. While it is legally possible to have an oral lease of less than one year, it would be extremely uncommon for an apartment complex to allow someone to occupy... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I travel to Puerto Rico on my OPT and return to the mainland United States without a visa?

I have a valid driver's license and EAD card. My visa stamp on my passport is expired for re-entry.

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question accurately, let's break down the key points:

1. OPT (Optional Practical Training) status

2. Travel to Puerto Rico

3. Return to mainland United States

4. Expired visa stamp

Here's the information you need:

1. Puerto...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Business owner Dallas Texas commercial Triple nnn lease agreement. What are tenant expense rights.

This is in Dallas Texas. Need a lawyer to look over my commercial lease agreement - agreement is a Triple nnn lease. I want to know my rights as a tenant in respect to the expenses the landlord says I have to pay and also if I have a say in those expenses such as how much I want to pay, to whom is... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

In a typical triple net lease, a commercial tenant pays a pro rata share of the taxes, insurance, and common area maintenance expenses incurred by the landlord typically based on a ratio of the square footage of the space rented by the tenant divided by the total rentable square footage of the... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My green card was approved in 2022 but delivered to wrong address which is my former address. And, i need to travel out

of country soon. We reapplied for re-delivering green card to my new address. It’s still being reviewed and it’s been 16 months since we reapplied. Is there anyway to travel to out of country ?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

I understand your situation and the urgency to travel. Here's some information that may be helpful:

1. Emergency Travel Document: You might be able to apply for an I-131A, Emergency Travel Document, at a U.S. embassy or consulate abroad. This allows lawful permanent residents to return...
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1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Can I seek more compensation after verbally accepting a settlement offer?

I was on a test drive in a car and someone pulled out infront of me . Their insurance has accepted full liability. They called and made me an offer to settle. I accepted verbally but have yet to sign anything. Can I rescind the offer and seek more compensation even though I did agree verbally?... View More

Natasha S. Walker
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answered on Jun 25, 2024

It is possible that you could withdraw your acceptance, but it depends on several factors. How much time had passed between the time the incident occurred and the time the offer was made to you? Were you injured as a result of their insured driver, and if so, did you or were you seeking the... View More

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