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Wisconsin Questions & Answers
1 Answer | Asked in Animal / Dog Law for Wisconsin on
Q: I left my dog 4 a week w/a dog sitting .. He got rid of my dog while i was gone w/o my concent..what can i do
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 10, 2020

You will have to sue the dog sitter. But it is unlikely you will get your dog back. Your recovery will probably only be the value of your dog.

1 Answer | Asked in Bankruptcy and Personal Injury for Wisconsin on
Q: Should I hire a lawyer?

My tenant is planning to sue me, he got hurt when cutting down a tree on our property that we paid him to cut I was not there when tree was getting cut

Timothy Denison
Timothy Denison answered on Jul 9, 2020

Your homeowners or renters insurance should defend you and provide a lawyer for you.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I am an F-1 overstay. Married to USC. I-130 approved. I-485 is pending. ICE came searching for me and I got NTA.

My Master hearing was canceled due to COVID. What are my chances of receiving benefits such as EAD? I have been married for 4 yrs with an infant. Lived in the USA since 2008.

Liliana Gallelli
Liliana Gallelli answered on Jul 7, 2020

There are many ways you can qualify for a work permit. One way is if you are eligible for Cancellation of Removal as an application for defense from removal. If you have lived in the US for over 10 years (not more than 90 days absent during those 10 years), if you have "good moral... Read more »

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am married to USC. ICE issued NTA after the fact of my I-485 submission. Is getting EAD a possibility? I-130 approved.
Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

Is the I-485 still pending or was it denied? You are only allowed an EAD if you have a pending I-485.

Also depends on why you were issued an NTA.

An NTA means you are inline to be considered for removal from the USA. It is suggested you at least consult with if not retain an...
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1 Answer | Asked in Personal Injury and Landlord - Tenant for Wisconsin on
Q: Was a guest at friends apartment for week. I was completely mauled by FLEAS

And limitations if any.

Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

A Wisconsin attorney could advise best, but your post remains open for a week. As a general matter, these can be difficult cases. Fleas are common and abundant in many places, and all sides could argue it was the other party that was the source of fleas. The cost of testing or investigation... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can a friend live with me while overstaying her visa with a pending exchange/extension in progress?

I have a friend who is here on a Q1 Visa. Due to the virus, she lost her job and is experiencing a hardship and cannot return home. And given the current situation, travel is not advised. I helped her file an exchange of status from Q1 to B2. Unfortunately we did this 5 weeks into an overstay... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 6, 2020

Why not? There seems to be extreme confusion. The concept of harboring an alien, at law, is terribly misunderstood by the American public! You are allowed to support a friend in her effort to change status.

She filed late, but in doing she may have challenges that were left unexplained to...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: We put an offer on a home and heard back that they had accepted another offer. Our realtor could not get many details

and the sellers realtor would not respond nor give us a chance to counter offer. This was after the houses listing price was dropped by $25,000. We came to find out that the realtor bought the house for $2,000 more than our offer. Is this legal?

Jason Anthony Greller
Jason Anthony Greller answered on Jul 5, 2020

If it was your realtor who bought the house that would be a violation of their agency duty to you.

If it was the listing agent who bought the property, then that agent may have violated their duty to the seller by not exploring whether you would have been willing to pay more for the property.

1 Answer | Asked in Divorce for Wisconsin on
Q: I think my husband is filing for a divorce. His name is on the deed of the house. What are my rights to the house?
David N. Iancu
David N. Iancu answered on Jul 2, 2020

Wisconsin is a marital property law state. Even if your name is not on the deed, the home is preemptively 50/50. There are factors that can change that, of course and discussing with an experienced family lawyer makes sense in this situation.

2 Answers | Asked in Divorce for Wisconsin on
Q: Divorce decree states ex must refinance home to get in her name only. My name no longer on deed but still on mortgage

It has been 2 years and still not done. Do I nees to hire an attorney to help make her do this?

David N. Iancu
David N. Iancu answered on Jun 30, 2020

You need to file a contempt motion and seek that the court and force your court orders. An Attorney can certainly be helpful to make sure it is done properly and timely, but you don’t “need“ an attorney.

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I apply for a fiance visa if my girl friend is visiting on a B2 tourist visa?

I met a girl online in venezuela. I'm working on getting her a B2 tourist visa to come to the US so we can meet. She's doing that in colombia. Once she is here visiting me and we develop a relationship, it is possible that I might decide to marry her. But no guarantee.

I... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jun 30, 2020

Unfortunately, while you could start the process of the fiancee visa, you cannot change her status from B-2 to K-1 (fiancee) from the USA. K-1 visas are only issued abroad. As you state, you might decide to marry her. If that occurs, consider contacting an attorney to discuss.

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3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
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1 Answer | Asked in Consumer Law, Identity Theft and Immigration Law for Wisconsin on
Q: Will this affect my green card application?

My friend from China scammed me. He said his business is legit and he asked me to collect payments and send it to him. My bank closed my accounts because of it and deducted money to my other accounts to send the money back to people who marked me as fraud. Will this affect my application to get a... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

Yes!

If this just happened, a Federal investigation may be pending. If you spoke to Federal Officers, then you may be subject to further action in criminal court. This will delay any action and may even result in detention and deportation.

I strongly recommend an appointment with a...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Rent was 600 1st year 675 2nd year 700 3rd year per month and now they want 750 a month. Can they do that ?

Trying to figure out why rent just keeps going up and when will it stop

Jason Anthony Greller
Jason Anthony Greller answered on Jun 24, 2020

Generally a landlord has the right to raise the rent at the end of a lease term. There are some exceptions when the property is enrolled in a government subsidy program.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Rent Back after home closing

I'm thinking of putting an offer on a home, but the seller has notified my agent that they will need to rent back the property after closing for 30 days. Is there a standard rent-back form for this situation in Wisconsin or does it require the signing of a short term lease?

Jason Anthony Greller
Jason Anthony Greller answered on Jun 21, 2020

The Wisconsin Realtors Association has a standard form - Addendum O (Occupancy Agreement) . There are a number of variables on that form that affect your rights and risks. You should ask your agent to discuss that form with you. Please note that the form does not address insurance issues -... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: NVC terminated immigrant visa registration. Still eligible for adjustment of status?

I have an approved I-130 petition with a priority date of Feb 2009. At the time of petition it was in the F2B category. In Feb 2012 we upgraded it to the F1 category. In 2014, after I got married, we thought we updated it to F3, but NVC does not have a record of it and they still have my old... Read more »

Osarumwense Iyamu
Osarumwense Iyamu answered on Jun 17, 2020

An approved I – 130 petition remains valid until used to obtain a permanent resident status or until revoked.

If my office can be of further assistance, contact us to schedule a consultation.

The above information does not constitute legal advice nor create an attorney-client...
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1 Answer | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Assuming that a story itself is protected by copyright, does that also apply character names, quotes, etc. in the story?

Are you allowed to re-use a small percentage of a protected work?

Kathryn Perales
Kathryn Perales answered on Jun 16, 2020

A tough question to answer, even when you know all of the specific details! Copyright protection certainly applies to quotations. It can apply to aspects of the characters, depending on how recognizable they are. As an example, writers of "fan fiction" encounter this dilemma all the... Read more »

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Tenants in common transfer without a will

The deed to our family cabin In Wisconsin lists my mom and her deceased brother as tenants in common. He passed away 9 years ago without a will. How do we get his name off the deed?

Jason Anthony Greller
Jason Anthony Greller answered on Jun 15, 2020

You will need to file a Termination of Decedent's Interest with the Register of Deeds for the county in which the property is located.

You may access the form and instructions at the WI Register of Deeds Association website on their forms page which is located at...
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1 Answer | Asked in Estate Planning for Wisconsin on
Q: My grandmother past away without a valid will. My mother is in an assisted living facility and has a state payee. How

Can I go about getting the money transferred to me and I disburse it to my mother and I without giving it to her payee.

Thomas B. Burton
Thomas B. Burton answered on Jun 11, 2020

If your grandmother passed away without a Will, someone is going to have to petition to open a probate case for the Estate in the County in which your grandmother resided at death. Then someone will also have to volunteer to serve as Personal Representative (aka Executor) of the Estate (likely one... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My cousin and I co own our deceased grandparents property. How do I make sure my half goes to my daughter when I die?

We both want our children, not the surviving owner, to inherit our shares. We both (my cousin and I) live in the state of WI and the property is in MI. Does the inheritence info go into our deed or each of our wills?

Thomas B. Burton
Thomas B. Burton answered on Jun 10, 2020

The answer to this question will depend on how title to the real estate is held with your cousin. If you hold it as joint tenants, then the survivor of either of you would inherit the deceased person's interest. However, I think it is more likely that you hold it as tenants in common because... Read more »

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Wisconsin on
Q: How can I know how many total tickets are actively on my record and do tickets out of state count against my license?

I have PTSD from a car accident I was in and after that I have struggled with anxiety while driving or being in a car and with speeding resulting in many tickets and having to take a non optional driving course. Why was this course non optional to me...was it because of so many tickets within a set... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

First, if it was PTS, suggest you look at getting EMDR therapy---

Google "psychology today, therapist EMDR ____________________" (insert name of nearest large town)

Second, if the crash wasn't your fault, you may have an injury claim.

Even if it was your...
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