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I'm a Canadian conditional green card holder, sponsored by my wife. I entered the U.S. on a B-2 visa in April 2023, married a couple of months later, and received my green card in March 2024. I have no criminal record or legal issues. We've planned a trip to Italy for less than 10 days at... View More 
answered on Apr 2, 2025
Your conditional green card will allow you to exit and enter the United States for vacation trips. You should not stay out of the country for more than six months at a time, and you should bring your conditional green card with you at all times as well as your passport. As long as the conditional... View More
I have been a green card holder for five years, obtained through marriage, and we have been married for six years. We have reliably filed joint tax returns each year. When applying for citizenship, will previous years’ tax forms be reviewed, or do they just check that joint returns were filed?
answered on Mar 28, 2025
The citizenship application asks if you owe any overdue taxes, and you may be asked about tax filing history, as part of the good moral character determination. Depending on the officer you may also be asked to provide copies of your taxes/tax transcripts for the past 5 years and the officer may... View More
I was involved in a rear-end collision while stopped at a traffic light. I visited the hospital two days later and was prescribed painkillers. The pain persisted, leading me to return to the hospital a month later. I've been in contact with the at-fault driver's insurance company. They... View More
answered on Mar 30, 2025
They generally present claimants with a release. What you describe as a disclosure appears to have the general effect of a release in precluding your rights to future claims or money. One would need to see the exact terms of your documents to advise meaningfully, but in general their purpose is to... View More
I am involved in a civil DMCA-related case in Virginia, where I have been notified via email. I am not American and intend not to appear, resulting in a default judgment. The other party lacks any physical address or identification details for me. Given this situation, how long should I be... View More
answered on Mar 24, 2025
It would be useful to know a bit more about the case. For now, let me assume that you are accused of reproducing copyright material, and that the DMCA judgment will order you to take it down. As you mentioned, if they lack identification details or an address for you, enforcing the judgment may be... View More
I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More
answered on Mar 24, 2025
You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More
I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More
answered on Mar 24, 2025
You know who holds the lien -- Chase Bank. So, contact them. You might want a lawyer to do that, because, if it is an old lien, it might be invalid or arguably so, and you might be able to negotiate it down using a lawyer, especially with all the interest and penalties that likely apply.
While camping on a river, a game warden approached me and suspected us of trespassing. During our conversation, I was getting a cigarette from my pack when he demanded to see it and subsequently found an illegal substance. He searched without a warrant and based on his suspicion that we were... View More
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answered on Mar 22, 2025
You have a lawyer, so explain the circumstances of the encounter to your lawyer. They'll be able to review the officer's account of the interaction and compare it with your own recollection. If they determine that there was a possible 4th Amendment violation they can file a motion to suppress.
I received a speeding ticket last Saturday for driving 75 in a 55 mph zone. However, my last name was incorrectly written on the ticket. I have not contacted the issuing authority about the error, and this is my first traffic violation. The ticket may have been issued out of town. How should I... View More
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answered on Mar 18, 2025
I'm not sure what you mean by "issued out of town" but something to keep in mind is that a Virginia summons should include your license #, your address, other identifying information, and (usually) your signature. I wouldn't assume that this error would prevent the charge from... View More
In November 2018, I was charged with a DWI 1st in Virginia and soon after was admitted into a mental health facility for bipolar depression and anxiety. I was unable to attend my scheduled court date and was subsequently charged with Failure to Appear; there is now an outstanding bench warrant. I... View More
answered on Mar 16, 2025
You’ll need to come back to Virginia to turn yourself in to start the process. A local DUI attorney will be able to do a full evaluation of your case, but nobody can tell you whether or not you’ll get jail time. You’re definitely looking at active jail time for a DUI and a failure to appear... View More
In November 2018, I was charged with a DWI 1st in Virginia and soon after was admitted into a mental health facility for bipolar depression and anxiety. I was unable to attend my scheduled court date and was subsequently charged with Failure to Appear; there is now an outstanding bench warrant. I... View More
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answered on Mar 16, 2025
I would certainly gather documentation showing the admission to and discharge from the facility. It would also be wise to consult with an attorney who practices regularly in the jurisdiction where this all occurred. They might be able to give you some insights into the standard penalties for the... View More
I had a first-time offender domestic violence plea in Virginia and have successfully completed all the terms of my sentence as required by the judge. There were no specific restrictions mentioned in my plea agreement regarding firearm possession. Am I now eligible to buy a gun for protection?
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answered on Mar 16, 2025
Both Virginia and the federal government have statutes prohibiting the possession of firearms by people "convicted" of a misdemeanor crime of domestic violence (under Virginia law, for a period of three years following conviction, and under federal law in perpetuity). If your case was... View More
I own a fully paid-off property in Henrico, VA, purchased with cash and confirmed to have no liens through a thorough title search and title insurance. I want to transfer this property to a revocable living trust I recently established to avoid probate. Could you advise on whether a Quitclaim deed... View More
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answered on Mar 14, 2025
Hire a VA attorney to draft that Deed. It must go to the Trustee with specific language so that he can convey the property later without question. Your Trust needs to be examined for enforceability, but probably does not exist until corpus is conveyed to the Trustee. QCD or WD is irrelevant... View More
My husband recently passed away, and he inherited a third of his aunt's house, which was sold after his passing. He has two sons from a previous marriage. Now, his ex-wife has hired a lawyer in Virginia. My husband did not leave a will, and there are no outstanding debts in his estate. Are his... View More
answered on Mar 14, 2025
I'm sorry for your loss.
The answer isn't a simple 'yes' or 'no'. Without further information you may be entitled to 1/3 of his share and his children the other 2/3, however a critical issue is timing - distribution if his aunt died before your husband is one... View More
I'm trying to find out if my name is included in legal documents related to a conviction. How can I verify this, and what steps should I take if I find out I am listed in these documents?
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answered on Mar 12, 2025
If you were a defendant, your name would be listed in the charging documents. If you were a victim, your name might also be listed in the warrant's or indictment's charge description. You could start with a state-wide search for criminal records (https://www.vacourts.gov/caseinfo/home)... View More
I have been separated from my spouse for 6 months. We don't have children or any assets to divide. I intend to start the divorce process in court, but I do not have a signed separation agreement because my partner is not responding to my emails. I'm under the jurisdiction of Stafford... View More
answered on Mar 11, 2025
The required separation period for a no-fault divorce in Virginia is 1 year. If the parties have a signed written separation agreement, and no minor children born or adopted of the marriage, the required separation period is reduced to only 6 months. Ideally, a separation agreement is... View More
I am facing allegations of assault and use of a weapon in Virginia. It is claimed that I used a machete, but I do not own one. No witnesses saw the alleged incident, though my mother was in another room, and my boyfriend was outside. I had a verbal argument with my boyfriend about an hour before... View More
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answered on Mar 11, 2025
Many cases are charged and prosecutors without eyewitness testimony or direct evidence, and you could be convicted as a result of circumstantial evidence. You should consult with a criminal defense attorney in your area about the specific facts of the case and the common practices of the... View More
I am facing allegations of assault and use of a weapon in Virginia. It is claimed that I used a machete, but I do not own one. No witnesses saw the alleged incident, though my mother was in another room, and my boyfriend was outside. I had a verbal argument with my boyfriend about an hour before... View More
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answered on Mar 12, 2025
Any charge that could result in a jail sentence will go through an arraignment hearing first. At the arraignment hearing, the judge will discuss your trial date and also whether you qualify for a court-appointed lawyer, whether you intend to hire a lawyer, or if you intend to represent yourself.... View More
48, and left him with the max amount of 20 years. My question is whether or not a judge is allowed to exceed the cap limit and suspend the excess in order to meet the agreement.
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answered on Mar 10, 2025
If the plea agreement only concerned itself with the amount of active time to be imposed, then the judge did nothing irregular by including a suspended sentence. This is assuming that the statutory penalties for the offense(s) involved allowed for at least 68 years of incarceration. This is... View More
I received an inspection ticket in Virginia but got the inspection done the next day. I paid the fine online well before my court date. Since my summons was a release on summons, do I still need to show up to court?
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answered on Mar 10, 2025
No, you shouldn't have to attend court if it has been pre-paid. That is an offense where the judge would just try you in your absence if you didn't appear. If you're still concerned about the ticket you can check the status of your case online at... View More
I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More
answered on Mar 7, 2025
Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More
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