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2 Answers | Asked in Immigration Law for Wisconsin on
Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate... View More

James L. Arrasmith
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answered on Feb 5, 2024

As an attorney in the United States, you can advise your mother to stay in the U.S. while her I-130 petition is pending, even if her 6-month visit visa duration is expiring. When an I-130 petition is pending, your mother is allowed to remain in the country legally under what's known as... View More

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2024

A US citizen child over the age of 21 can sponsor his mother as long as mom entered the United States with permission. Your mom would still qualify to get her green card even if she is an overstay visitor. You need to file the correct forms and documents for her to adjust status. Work with an... View More

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1 Answer | Asked in Constitutional Law for Wisconsin on
Q: Were my 4th Amendment rights violated in a Wisconsin High School?

Event: I was returning from using the restroom at roughly 1 pm, and a teacher entered the same hallway and told me to go to the principal's office. We entered the office, and the teacher told the principal that I was "out of class," which we were allowed to be with verbal or written... View More

James L. Arrasmith
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answered on Feb 4, 2024

The Fourth Amendment protects against unreasonable searches and seizures, but the application of these rights can differ in a school setting. The U.S. Supreme Court has held that school officials need only to have "reasonable suspicion" rather than "probable cause" to conduct a... View More

1 Answer | Asked in Civil Rights and Family Law for Wisconsin on
Q: How does a guardian of the person, of an adult ward, request the court to attend via zoom for a Chapter 51 hearing?

The juvenile office told this guardian to contact a public defender to request Zoom attendance at a recommitment hearing. This sounded a bit odd to me, as I had never had to do that in past years. In the past, I called the office to request that they send a link to me, or I could show up in... View More

James L. Arrasmith
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answered on Feb 4, 2024

To request attendance via Zoom for a Chapter 51 hearing as a guardian of an adult ward, you should follow these steps:

1. Contact the court clerk: Reach out to the court clerk's office where the Chapter 51 hearing is scheduled to take place. Explain that you are the guardian of the...
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1 Answer | Asked in Divorce, Child Custody and Family Law for Wisconsin on
Q: When you have a court appointed guardian at litem are the parents able to access the information they recieved

This is in the state of Wisconsin

T. Augustus Claus
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answered on Feb 2, 2024

In Wisconsin, parents generally do not have direct access to the information gathered by a court-appointed guardian ad litem (GAL) in a divorce or child custody case. The GAL's role is to represent the best interests of the child or children involved, and their communications and findings are... View More

4 Answers | Asked in Bankruptcy for Wisconsin on
Q: Been paying private school loan for 13+ years and basically all in interest. Will filling for bankruptcy get rid of it?

Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.

J. David Krekeler
J. David Krekeler
answered on Feb 5, 2024

Answer: It is unlikely that your private student loans will be discharged based only on the facts provided.

Explanation: Generally, student loans, whether public or private, are not part of the discharge debtors receive in a bankruptcy. To discharge student loans in a bankruptcy, a debtor...
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4 Answers | Asked in Bankruptcy for Wisconsin on
Q: Been paying private school loan for 13+ years and basically all in interest. Will filling for bankruptcy get rid of it?

Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.

T. Augustus Claus
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answered on Feb 2, 2024

Filing for bankruptcy may provide relief from overwhelming debt, including private school loans, but it's essential to understand that not all debts are dischargeable through bankruptcy. Private student loans are typically not dischargeable unless the debtor can demonstrate undue hardship,... View More

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4 Answers | Asked in Bankruptcy for Wisconsin on
Q: Been paying private school loan for 13+ years and basically all in interest. Will filling for bankruptcy get rid of it?

Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.

James L. Arrasmith
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answered on Feb 4, 2024

Filing for bankruptcy to discharge a private student loan is challenging but not impossible. Generally, both private and federal student loans are not dischargeable in bankruptcy unless you can prove "undue hardship," a standard that is notoriously difficult to meet.

To have a...
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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

James L. Arrasmith
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answered on Jan 24, 2024

Given your situation, there are a few potential pathways to explore, but each has its own complexities and requirements. Since you were brought to the U.S. as a baby and have lived here continuously, one option to consider is the Deferred Action for Childhood Arrivals (DACA) program, if you meet... View More

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

Cesar Mejia Duenas
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answered on Jan 24, 2024

If you ever applied for and obtained DACA, then you might be able to request a travel authorization so you can depart the country and safely return with a legal entry. If you never obtained DACA or any other status, and you entered without inspection (no visa), then your husband will need to file a... View More

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1 Answer | Asked in Family Law for Wisconsin on
Q: Me(24m) and partner (17f) have lived with her father(primary custody) for 7 months. Just had baby. Should i tell my PO?

Family doesn't have problem with age gap.

Family sees us as fit parents

Probation officer doesnt know me and her are together but knows I live where I live

Will I get arrested if I tell my PO?

Family is supportive of relationship

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

In Wisconsin, it is illegal to have sexual intercourse with a person under 18 years of age. Doesn't matter what the girl's family thinks. She is a crime victim. If the State can prove that you are the perpetrator of the crime, it will most likely seek to revoke your probation, and you... View More

2 Answers | Asked in Constitutional Law and Employment Law for Wisconsin on
Q: Can an employer change an offer letter 1 year after employment?

I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More

Chelsea Brener Cusimano
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answered on Jan 23, 2024

The answer would depend on the employment laws of the State of Wisconsin. It would be important for the employee to look into the laws in Wisconsin to determine if it is an "at-will" employment state. It would further be important to look at the contract to determine if it is for a term,... View More

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2 Answers | Asked in Constitutional Law and Employment Law for Wisconsin on
Q: Can an employer change an offer letter 1 year after employment?

I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More

James L. Arrasmith
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answered on Jan 23, 2024

In Wisconsin, as in most states, employment is generally "at will," meaning an employer can change the terms of employment, including job duties and compensation. However, if you have a signed offer letter or employment contract specifying the terms of your employment, this can complicate... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Wisconsin on
Q: I would like to develop a product for Spirit airline only using their logo/trademark. Do I need written permission?
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answered on Jan 21, 2024

Using Spirit Airlines' logo or trademark to develop a product would generally require written permission from Spirit Airlines, as their logo and trademark are protected intellectual property. Using these without proper authorization could potentially lead to trademark infringement issues.... View More

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1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is process when i turn myself in for arrest warrant? Not a felony charge

Contractor theft less than 1000.00

T. Augustus Claus
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answered on Jan 19, 2024

If you have an arrest warrant for a non-felony charge, such as contractor theft under $1,000 in Wisconsin, the process of turning yourself in typically involves going to the law enforcement agency or the county jail where the warrant was issued. It is advisable to contact an attorney before... View More

2 Answers | Asked in Civil Rights for Wisconsin on
Q: Can the police deny a visit from clergy to a person that is in the hospital in custody? The person has not been charged

The patient has not been officially charged yet, and is in the hospital due to injuries sustained by the arrest.

James L. Arrasmith
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answered on Jan 21, 2024

In situations where a person is in the hospital in custody but has not been officially charged, the police generally cannot deny a visit from clergy without a valid reason. The right to religious freedom and the opportunity to receive spiritual guidance are protected under the First Amendment of... View More

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2 Answers | Asked in Civil Rights for Wisconsin on
Q: Can the police deny a visit from clergy to a person that is in the hospital in custody? The person has not been charged

The patient has not been officially charged yet, and is in the hospital due to injuries sustained by the arrest.

T. Augustus Claus
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answered on Jan 19, 2024

In Wisconsin, individuals generally have the right to receive visits from clergy while in the hospital, even if they are in custody. However, there may be situations where law enforcement or hospital staff restrict visitation for security or safety reasons. If the person in question has not been... View More

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1 Answer | Asked in Consumer Law and Public Benefits for Wisconsin on
Q: I live in Wisconsin and just my kids receive badgercare. Am I exempt from wage garnishment?
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answered on Jan 18, 2024

In Wisconsin, BadgerCare, which is the state's Medicaid program, provides health care coverage to eligible individuals and families. While BadgerCare itself does not necessarily exempt someone from wage garnishment, the rules regarding wage garnishment generally fall under federal and state... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Wisconsin on
Q: Do the court system have the right to take some ones hand gun even though the person was never a felon,& the guns legal

I'm saying I've never been a felon, I bought the gun legally, & I'm a legal citizen so how can they tell me there going to keep my gun? doesn't that violate my 2nd amendment rights?

James L. Arrasmith
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answered on Jan 16, 2024

No, the court generally does not have the right to confiscate someone's legally purchased handgun if they have never been convicted of a felony and are legally permitted to own the gun.

A few key Constitutional principles here:

- The 2nd Amendment protects the individual right...
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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Wisconsin on
Q: if I was supposed to start jury trial on Monday and Friday afternoon 454 pages of discovey appears grounds for dismissal

1st degree reckless homicide case is 4 years old, prosecution cancelled 3 times now, 10 days ago at finAL pretrial the da admitted that they didn't know where the witness lived any more and has failed to subpoena in the last 9 months since the last cancellation. the judge asked if all... View More

James L. Arrasmith
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answered on Jan 6, 2024

The sudden appearance of 454 pages of discovery, especially after the prosecution confirmed no new discovery, can be a significant issue in a criminal trial. In a first-degree reckless homicide case, all relevant evidence is crucial for a fair trial. If you've been requesting these documents... View More

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