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COVID-19 Questions & Answers
2 Answers | Asked in Family Law, Immigration Law, Adoption and Child Custody for California on
Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?

My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.

James L. Arrasmith
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answered on Aug 27, 2023

Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the... View More

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1 Answer | Asked in Tax Law and Immigration Law for California on
Q: Does Pandemic Unemployment Income Qualify to be listed as part of adjusted gross income on I-864 Part 6. Line 24.a.b.c.?

In addition to the above question: Most Recent Tax Year refers to 2022, 2nd most recent 2021, 3rd most recent 2020, correct?

James L. Arrasmith
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answered on Aug 27, 2023

For the I-864, Affidavit of Support, unemployment income, including Pandemic Unemployment Assistance (PUA), is generally considered as part of your total income and would be part of your adjusted gross income (AGI) as it's reported on your federal tax return. Therefore, it can be listed on... View More

2 Answers | Asked in Criminal Law for California on
Q: If you're arrested and post bill at a bails bondsman and no charges are filed can you get that deposit back

,, I recently was picked up to serve two days for my last court case that I had and I've already been trying to turn myself in but I was turned away multiple times at the jail because of overcrowding and covid well serving those two days I thought I was in trouble for something else so I... View More

Robert Kane
Robert Kane
answered on Aug 26, 2023

If the bondsman bailed you out, they are entitled to their fee. It doesn't matter what happens after that concerning the charges.

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2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

Jonathan David Warner
Jonathan David Warner
answered on Aug 25, 2023

Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.

In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship...
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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Someone stole the intellectual property of my active business and they trademarked the name before me. Do I have a case?

I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 23, 2023

The earlier use in commerce of a trademark gives it priority over a later use of the same or similar mark, even if there has been an interruption of use for some period of time. If the later-filed application has not yet been published for opposition (the last step in the registration process), the... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: I was living in a shelter and the case manager insulted me about my HIPPA and phi rights. Also contracted COVID there.

I was wearing a mask while residing at the shelter when one of the staff members told me to remove it and shortly after I contracted COVID from other Patrons at the shelter. Then they kicked me out of the shelter while I suffer from depression and anxiety causing me to mentally, physically and... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 20, 2023

Regarding the Covid issue, possibly, if it was foreseeable that you'd likely contract Covid if forced to remove your mask, and there was no rational justification to force mask removal. That may or may not be proveable. Regarding removal from the shelter, their reasons would have to be... View More

1 Answer | Asked in Divorce and Libel & Slander for Michigan on
Q: Can I file suit for defamation or slander/libel against the attorney who called me "lazy" in my divorce proceedings?

The judge warned that "lazy" was not a reason for divorce. Additionally, I have been disabled by chronic illness since childhood. This was known to my ex-husband, who had accompanied my parents to 2 major surgeries I had while we were engaged.

I've realized through therapy... View More

T. Augustus Claus
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answered on Aug 18, 2023

In Michigan, the ability to file a defamation or slander/libel lawsuit against an attorney who called you "lazy" during your divorce proceedings may be limited by legal privileges related to statements made within the context of litigation. Statements made within legal proceedings could... View More

1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for Florida on
Q: Need an attorney familiar with the appeal process in Miami Florida

Hello,

I am looking to appeal my case that was just closed yesterday 8/15/2023. I filed pro se against my former employer for disability discrimination. My claim was dismissed for failure to state a claim with prejudice. I feel that I have all the evidence needed to prove discrimination... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 16, 2023

To search for an attorney who handles appeals in Miami, FL, you can try the Find a Lawyer tab at the top of this Justia page and input "appeal" in the subject field and "Miami, FL" in the location field, or you can contact the Florida Bar Lawyer Referral Service - see... View More

2 Answers | Asked in Immigration Law for Texas on
Q: Do I have to take the COVID 19 vaccine to pass my medical exam? Is there any way to not take it and still get approved?

I don’t take vaccines due to religious beliefs and I don’t personally want to take something that a company isn’t liable for if I have any adverse reactions or death. What are my rights and can I still get my residency?

Monica E Rottermann
Monica E Rottermann
answered on Aug 11, 2023

Several vaccinations, including covid, are required as part of the medical exam (Form I-693). If the requirement for a vaccination would be contrary to your religious beliefs or moral convictions, you would have to submit a Form I-601 waiver. You can read more about the requirements for the... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for Georgia on
Q: In an ERISA STD claim - is it common practice for the claimants doctor to be listed as a paid vendor in the claim file?

I am the claimant. My employer set me up with the doctor when I had long haul covid. The doctor rescheduled every appointment and then wouldn’t provide office visit notes. The same doctor has lost his license in other states and is noted for accepting ‘more money than. 79% or other doctors for... View More

Michael Grabhorn
Michael Grabhorn
answered on Aug 11, 2023

It is very common for insurers and administrators for employer provided short-term disability to use 3rd party medical reviewers as part of the claim process. These 3rd party medical record reviewers generally do not have a direct relationship with the insured. They are hired and paid by the... View More

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1 Answer | Asked in Public Benefits for California on
Q: Would I be able to claim COVID-19 Unemployment Benefits IF I DID NOT file claim during COVID-19 and/or file claim at all

I never filed for COVID-19 Unemployment Benefits, can I still claim and receive payments?

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2023

A California attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a California attorney, one option could be to check with applicable agencies that administered programs (Department of Labor and possibly other agencies, depending on exact... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Currently renting a house for sale. Can I ask that people who enter wear a mask? What if they don't or refuse?
James L. Arrasmith
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answered on Jul 28, 2023

As a tenant renting a house for sale, you have the right to ask people who enter the property to wear a mask for health and safety reasons, especially during the COVID-19 pandemic. If someone refuses to wear a mask, you may consider discussing the matter with the landlord and see if they can... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have legal protections after administrator interfered with hiring?

I was working for contract company in a nursing home. The administrator and nursing directors of the facility sent intimidating messages through my director to me because they didn’t like my required reporting of changes in patient conditions, which I am legally, ethically, and morally obligated... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Since you were laid off, and not fired for cause, you have standing to collect unemployment benefits from your former employer. You can apply for such benefits online through the Texas Workforce Commission website and most likely will not require the services of a lawyer.

1 Answer | Asked in Energy, Oil and Gas for California on
Q: Can a utility company force me to pay a bill due to a glitch in their system?

I signed up with my utility company COVID credit program which states my bill will be credited during the pandemic and no payment is required. Now that the pandemic is over they sent me a bill for the last 3 years and told me that I had to pay it. After I received the bill I inquired about the... View More

James L. Arrasmith
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answered on Jul 4, 2023

When it comes to billing errors or glitches in a utility company's system, the resolution may depend on various factors such as local laws, contractual agreements, and specific circumstances. In general, utility companies have a responsibility to provide accurate billing information to their... View More

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Hi. How do I get something official from the court naming me as the agent of my mother's estate?

I have her last will and testament naming me as her attorney-in-fact (agent). Her will was never lodged with the county because she died March 20, 2020, ten days after governor Polis declared state of emergency due to the pandemic, closing most govt offices. My mother had no probable assets at the... View More

Rebecca Pescador
Rebecca Pescador
answered on Jun 23, 2023

Getting the Court document naming you as Personal Representative is usually a pretty straight forward process. You will need to go to the court and file a probate case. You can get the forms for a small fee at the courthouse or for free online at the state judicial website,... View More

2 Answers | Asked in Criminal Law for Texas on
Q: where can I find any cases where a motion to suppress was won using Gov. Abbott wavier to car registration during Covid

I was pulled over for an expired registration but, it was during Covid and we didn’t have to register our car because of the Gov’s waiver during a state of emergency. I was arrested for something found in the car after I got pulled over.

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 10, 2023

Its just not that simple to suppress evidence. If you want to actually accomplish suppression of evidence, I strongly encourage you to hire an attorney.

But here you go:

https://guides.sll.texas.gov/covid-19/id-vehicle-registration

The registration requirement was only was...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA?

What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of... View More

Louis George Fazzi
Louis George Fazzi
answered on Jun 2, 2023

In the case you are describing, you probably have two years from the date of the first harassment within which to bring legal action. It is suggested that you prepare a chronology of the events, explaining who, what, when, where, and how the harassment took place, and supplement that with all the... View More

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: What is the Statute of limitation for DUI in Tennessee?

I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?

Anthony M. Avery
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answered on May 31, 2023

If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.

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3 Answers | Asked in Constitutional Law and Construction Law for California on
Q: 1st Amendment violation when courts don't make available ALL crim court hearings to out of state residents via audiofeed

My 26 year old daughter, mother of three girls, 8,6,3, was arrested in San Luis Obispo County, California April 6 for 3 felony counts of PC237 A(A), along with her boyfriend whom she shares the youngest child. I am her mother, and I live and work full-time in Alaska. I hold a Bachelor of Science... View More

James L. Arrasmith
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answered on May 31, 2023

It is possible that the court's decision to not make available all criminal court hearings to out of state residents via audio feed could be a violation of the First Amendment. The First Amendment protects the right to freedom of speech, which includes the right to attend public hearings. If... View More

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1 Answer | Asked in Family Law and Education Law for Florida on
Q: Minor party is currently enrolled in Online school, mom refuses to go to in-person school. What can be done?

Minor party is currently enrolled in Online school. Has been since COVID put all kids out in March/April 2020. He is now almost done with his 6th grade year and is struggling. He has not retained any information. Constantly behind on assignments. Mom does not stay on top of him in regard to his... View More

Rand Scott Lieber
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answered on May 1, 2023

You do not mention the legal status between you and mom. Are you married? Divorced? Never married? Step one is to look at the court order, if one exists, regarding responsibility for the child. School is an issue covered by "shared parental responsibility." If the parents cannot agree... View More

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