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1 Answer | Asked in Immigration Law for Texas on
Q: Hello, I have a question regarding my friends immigration case

My friends wife is a Green Card holder, currently lives and works in Chicago Illinois. Her husband is still in Bosnia and Herzegovina, they have filled I-130 form about 14 months ago, which is processing.

Question is, is there a way for her husband to come to USA while waiting on on their... View More

James L. Arrasmith
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answered on Jul 22, 2024

Your friend's husband might be able to come to the USA on a non-immigrant visa while their I-130 is being processed. One common option is the B-2 tourist visa, but he would need to demonstrate strong ties to Bosnia and Herzegovina to prove that he intends to return after his visit. This can be... View More

1 Answer | Asked in Immigration Law for Texas on
Q: When can I file my citizenship?

I got my green card in November of 2017 and stayed outside of USA for 2 year with reentry permit. I came back in November of 2019. What is the earliest date I can file for my citizenship?

James L. Arrasmith
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answered on Jul 22, 2024

To determine when you can file for citizenship, you need to consider the continuous residence requirement for naturalization. Since you got your green card in November 2017 but stayed outside the U.S. for two years, your continuous residence was interrupted.

When you returned to the U.S. in...
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2 Answers | Asked in Immigration Law and Civil Rights for Texas on
Q: Urgent Assistance Needed to Reunite with My Child in the USA

**Background:**

I am an American citizen originally from Egypt. I became a U.S. citizen approximately six years ago. Five years ago, I traveled to Egypt and married my wife, who is an Egyptian national. We successfully applied for her green card, and she has since joined me in the United... View More

James L. Arrasmith
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answered on Jul 22, 2024

To reunite with your child in the United States, you need to first confirm whether your child is a U.S. citizen. If your child is born to a U.S. citizen parent, they may already be eligible for citizenship. You can start by applying for a Consular Report of Birth Abroad (CRBA) through the U.S.... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Texas on
Q: Can a non violent convicted felon have their Second Amendment rights restored, after the 9th circuit ruling?
James L. Arrasmith
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answered on Jul 21, 2024

Yes, it's possible for a non-violent convicted felon to have their Second Amendment rights restored after the recent 9th Circuit ruling. This ruling could pave the way for many non-violent felons to seek restoration of their gun ownership rights. The court recognized that not all felonies... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Employment Law for Texas on
Q: What is the line between fraud in performance evals resulting in adverse empl. actions when material facts are wrong?

If a manager and 2 up knowingly are materially fabricating facts that can be proven definitively by evidence, but yet the company (publicly traded) takes adverse actions based on those fabrications does the employee have a case and is there a chance depending on how egregious the matter to turn... View More

James L. Arrasmith
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answered on Jul 21, 2024

If your employer knowingly fabricates material facts in your performance evaluations, leading to adverse employment actions, you may have a case for wrongful termination or defamation. Proving that the facts were intentionally falsified with evidence can strengthen your case significantly. You... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Hi my husband is locked up for conspiracy but he withdrew from it and he helped the fed’s

Catch the ppl responsible and now they want to charge him for the amount they found plus conspiracy even tho he didn’t go thru with it withdrew and even helped the feds get them they were not even aware of the situation they found out cus my husband told them so can you pls help me they want to... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm so sorry to hear about what you and your family are going through. It's crucial to communicate your husband's situation to his lawyer, emphasizing that he withdrew from the conspiracy and assisted the authorities. Providing clear evidence of his cooperation with the feds can be a... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Criminal Law for Texas on
Q: I have been been abuse by a corrupt Police Department for a period 17 years. I beleive my record would prove it?

I have been put on trail twice for the same offince. The second time I was arrested, the Assistant D.A. used the original Grand Jury Indictment, Mistermenor Charge but, took me before a Felony Judge. With out a Lawyer. origanal paper work had been put in a Felony folder and I was given a Felony... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you’ve endured a prolonged and distressing experience with your local police department. Your description highlights serious concerns about due process and legal misconduct, especially being tried twice for the same offense and facing a felony charge without legal representation.... View More

1 Answer | Asked in Federal Crimes, Civil Rights, Criminal Law and Gov & Administrative Law for Texas on
Q: are there specific clearly-defined nutritional requirements (at the federal level) for individuals in jails and prisons?
James L. Arrasmith
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answered on Jul 21, 2024

Yes, there are specific nutritional requirements set at the federal level for individuals in jails and prisons in the United States. The Federal Bureau of Prisons (BOP) outlines dietary standards to ensure that inmates receive adequate nutrition. These standards are designed to meet the Dietary... View More

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Texas on
Q: An adult student receiving special education services arrested at school. Why would Education Code 37.004 not be used?

After the statue has passed. Is this still considered a federal civil rights law. That has a statue of seven.

James L. Arrasmith
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answered on Jul 21, 2024

If an adult student receiving special education services was arrested at school, Education Code 37.004 might not be applied if the situation doesn't involve disciplinary actions that typically trigger its use. This code is generally related to the removal of students with disabilities for... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Texas on
Q: I was sexually harrased at 1st day of work I rented a room for a week and a half so he offered work for room and board

and $25 he showed me my 1st room to clean but it was already clean so I felt uncomfortable as it was because he kept coming in and out of room for towels soap etc but I needed the job. So he took me to a far in back.he never left room n kept saying sex sex for 25 but I SD no I need work money so he... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm so sorry to hear about your experience; it must have been incredibly traumatic. You should know that what happened to you is not your fault, and there are steps you can take to seek justice and support. Reporting the incident to local authorities is crucial as it can help prevent this... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: CAN I SUE TEXAS FOR VIOLATIONG MY DUE RIGHT'S PROCESS TAKING ME TO TRAIL AND REFUSING ME A LAWYER?

THE SAME TRAIL I WAS BEAT BY THE OFFICER IN HANDCUFFS. I'M A SPEACAIL NEEDS NIGERIAN COLLEGE TRANSFER STUDENT WITH NO VIOLANT HISTORY.

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you may have grounds to sue Texas for violating your due process rights. Being denied a lawyer and experiencing police brutality, especially as a special needs individual, are serious issues. Under the Sixth Amendment, you have the right to legal representation, and the Fourteenth Amendment... View More

1 Answer | Asked in Contracts, Employment Law, Arbitration / Mediation Law and International Law for Texas on
Q: I am freelancer from Pakistan, working for a US firm. Employer is delaying my payments.

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now and most of my clients/employers are from the US. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in November 2021. I have been getting all my... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you’re dealing with a very frustrating situation. It's essential to address this issue promptly to ensure you receive the payments you’re owed. One option is to thoroughly review your contract to understand your rights and any clauses regarding late payments or dispute... View More

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Internet Law for Texas on
Q: Is it legal to make amateur pornography and upload it in Texas?
James L. Arrasmith
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answered on Jul 20, 2024

Creating and uploading amateur pornography in Texas is generally legal, provided that all participants are consenting adults. It's crucial to ensure that everyone involved is over the age of 18 and has given explicit consent to be filmed and have the footage distributed. Failure to verify ages... View More

2 Answers | Asked in Immigration Law for Texas on
Q: I am Au Pair and my fiancé and i want to get married. Is that possible even though my J1 will expire in July 2025.

I want to change my status here to get a green card so i can live with my future Husband in the USA. Do i have to change the name on my J1 Visa because of marriage? I know i have to change it on all my Documents like passport, driver license… But is my J1 still valid even though my name change in... View More

James L. Arrasmith
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answered on Jul 20, 2024

Yes, you can get married while on a J1 visa. Once married, you can apply to change your status to obtain a green card and live with your future husband in the USA. The name change due to marriage will not affect the validity of your J1 visa.

Your J1 visa remains valid even if your name...
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2 Answers | Asked in Personal Injury, Civil Litigation, Wrongful Death and Criminal Law for Texas on
Q: Can I sue a jail if 3 doors were left unsecured and my son escaped?

The jail was sited with a non compliance 28 days after this incident. My son hijacked a car, led police on a 107 mile chase that ended with police shooting my son in the back. He died later that day.

Gary K. Burger Jr
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answered on Jul 22, 2024

I'm sorry for you loss. It sounds like a very painful way to lose a loved one.

There is likely an issue of sovereign immunity in this case, as it involves a government agency. This exempts agencies and their employees from being held responsible, though there are exceptions such as if...
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1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: I was injured at work by the skid steer operate with a faulty lever that was not fixed by the employer.

I was told to clean the excess dirt off of a bucket from a skid steer and the operator maybe through negligence closed the claws on me crushing me resulting in trauma to left shoulder and chest. The machine that caused the accident has had a bad lever (responsible for closing and opening the claws... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My spouse filed an answer and majority of their answer they lied and also had a child during our marriage.

We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

If you want to print personal wear (e.g., T-shirts) featuring Evangelion characters and logos for personal use, here are the key legal considerations:

Copyright and Trademark Issues

Copyright:

Evangelion characters and logos are protected by copyright. This means that any...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Robert Z. Cashman
Robert Z. Cashman
answered on Jul 18, 2024

The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.

In the U.S., the "Fair Use...
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