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1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, it is advisable for your son not to travel for the H4 visa stamping at this time, given the complexity of your pending felony charge. Here are a few reasons why:

1. Dependent visa status: As your son is your dependent on the H4 visa, his visa status is tied to your H1B...
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1 Answer | Asked in Immigration Law for Florida on
Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, it is generally recommended that your dependent child (13 years old on an H4 visa) does not travel for the in-person visa stamping without you, the primary H1B visa holder, especially given your pending felony charge. Here are a few reasons:

1. Visa issuance: The consular...
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2 Answers | Asked in Immigration Law for Florida on
Q: Is an EAD included in an i-360 form?

If I file a form i-360 by itself and I check the box “yes” for question 12 of Part 10 that states "I am currently residing in the United States and I request an Employment Authorization document". Would I still have to file an i-765 along with the i-360 to get an EAD or can the EAD be... View More

James L. Arrasmith
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answered on May 10, 2024

The Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, does not directly include an application for an Employment Authorization Document (EAD). Checking the box "yes" for question 12 of Part 10 on Form I-360 only indicates that you are requesting an EAD, but it does not... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2024

This is exactly why it is important to have insurance. Let Allstate, and the attorneys it has hired and is paying, defend you. As long as you cooperate with your attorney's reasonable requests for information and cooperation, you should be in good hands.

Motor vehicle accident...
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4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

Charles M.  Baron
Charles M. Baron
answered on May 9, 2024

It is unclear why you are so worried when, according to you, you have a litigation lawyer at no cost to you and the plaintiff is suing you for an amount that your insurance would cover 100%. If that's really the case, your assets and income shouldn't be at risk - but you must consult... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I need to file a relocation for my minor child more than 50 miles.

This is due to the cost of living and child care in my area. I am selling my home and relocating to a more affordable town which would but me 60 miles away from the other parent.

Rand Scott Lieber
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answered on May 9, 2024

I am assuming that you already have a parenting plan with the other parent. You will need to either get the other parent to agree or else file a supplemental petition with the court. This can be a costly legal fight so understand that going in. You will need to prove that the move is best for the... View More

1 Answer | Asked in Consumer Law for Florida on
Q: I would like to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring.

I want to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring. I either need an attorney to represent me or advise me on what to file. This is a very large company; I have all the proof needed, I filed a complaint with DocuSign, Microsoft, My... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

First, "time and frustration" is not a legally compensable element of damages in most types of cases. What matters most in this type of case is what actual legally compensable damages you suffered. How much money did you have before your dealings with this company that you parted with... View More

1 Answer | Asked in Bankruptcy for Florida on
Q: Bought Fridge & ext. warr 5year (Nov 23) from a Comp who went Chapt 11 in (Feb).

Paid Company for both and now Insurance company (CPS) wants me to purchase new policy stating they will help me get my money back from credit card company because bankrupt company never paid them. Does this sound like FRAUD??

James L. Arrasmith
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answered on May 7, 2024

The situation you've described does raise some red flags, but it may not necessarily be fraud. Here are a few things to consider:

1. If the company went bankrupt in February, it's possible they didn't transfer the funds to the insurance company (CPS) before filing for Chapter...
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3 Answers | Asked in Personal Injury for Florida on
Q: Can I relinquish my lawyer without penalty?

In a car accident case where a lawsuit has not been filed, can I relinquish my lawyer and come to an agreed settlement amount with my insurance company myself? Is there any penalty for this if I don’t want to sue?

Charles M.  Baron
Charles M. Baron
answered on May 7, 2024

You always have a right to fire your lawyer, but there likely is a big downside for doing so in your situation. See your retainer agreement. It probably indicates that if you terminate the representation any time after the first 3 business days, you are obligated to the firm for fees incurred,... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Can I relinquish my lawyer without penalty?

In a car accident case where a lawsuit has not been filed, can I relinquish my lawyer and come to an agreed settlement amount with my insurance company myself? Is there any penalty for this if I don’t want to sue?

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

A client has an unconditional right to fire his lawyer but the lawyer can place a charging lien on the case based on the work he has done. For example, if the insurance company has made a $50,000 offer and after that you decide to discharge him and represent yourself, the lawyer could place a lien... View More

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: how can i acquire about child support arrears being modified

my case was established in 1996, the amount ordered was and is above my means, this was never based on my income or anything because I foolishly signed a paper from my ex. At the time I was a waitress making $2.01 an hour with a eight grade education. In the past before modern day tech I was... View More

Rand Scott Lieber
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answered on May 7, 2024

You need to file a motion with the last court that handled the child support order asking to modify or terminate the obligation. Based on your question that appears to be Mississippi. It would also help if the other parent is willing to cooperate with you and say that they are no longer asking for... View More

1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: I've been charged with failure to return hired vehicle. The sworn affidavit has dates not right, they lied. Help

My contract and extension dates don't match affidavit. Plus my husband's direct deposit debit card was put in file for the last extension before I was stoped and surrounded by state police filming the stop(traumatic). I'm 55 my husband was in PA our motor home burnt to the ground and... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2024

The way for you to get the help you need is to promptly schedule a consultation with a lawyer in your area. You said you are "charged", which I assume means a criminal charge. If so, seek a criminal defense attorney. You can click on the Find a Lawyer tab at the top of this page and... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Both my name and my mother's name are on the deed to her house. Also, her will directs the house to pass to me.

However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?

Phillip William Gunthert
Phillip William Gunthert
answered on May 4, 2024

Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More

1 Answer | Asked in Consumer Law, Contracts and Car Accidents for Florida on
Q: What are my options if my GAP insurance doesnt want to Cover my Balance after a total loss in FL?

I was in an accident and received no citations but my car was declared a total loss. I was promised no storage fees from the body shop my vehicle was held in while waiting for a decision from insurance. They ended up chsrging over $5k in storage fees which my insurance then deducted from the... View More

Linda Liang
Linda Liang
answered on May 3, 2024

Unfortunately, this does happen. The storage facility will charge storage and unless you got the promise that there were not going to be storage charges in writing it will not be binding. GAP Insurance ordinarily covers the “gap” between what is owed in the vehicle and the fair market value the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can I sue big tech or the police or both for their inaction in my situation where I’m hacked and they don’t do anything?

I have been hacked for more than a year now, I’ve done everything in my power from self troubleshooting to asking for help online, this problem is beyond me and I feel very devasted.

James L. Arrasmith
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answered on May 1, 2024

It's understandably frustrating and distressing to deal with a hacking situation, especially when it feels like you're not getting the support you need. If you're considering legal action because you feel that big tech companies or law enforcement haven't adequately responded to... View More

1 Answer | Asked in Tax Law for Florida on
Q: I lived in Florida and worked remotely for a Maryland company. 1099, Do I still need to pay income taxes to Maryland?
James L. Arrasmith
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answered on May 1, 2024

If you're working remotely for a company based in Maryland but living in Florida, you generally don't need to pay Maryland income tax on the earnings from that company, as Maryland typically taxes income based on where the work is performed, not just where the company is located. However,... View More

3 Answers | Asked in Family Law and Tax Law for Florida on
Q: My ex wife filed our kids on her taxes. There is a court order stating we each file a child. What can I do?
Rand Scott Lieber
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answered on May 2, 2024

You need to return to the court that issued the order and file a motion for enforcement and contempt. The remedy will either be to file an amended tax return for the current year or allow you to claim both children the following year. If you just file your return claiming a child that has already... View More

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3 Answers | Asked in Family Law and Tax Law for Florida on
Q: My ex wife filed our kids on her taxes. There is a court order stating we each file a child. What can I do?
James L. Arrasmith
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answered on May 9, 2024

I understand this is a frustrating situation. Here are some steps you can take to address your ex-wife filing your children on her taxes in violation of the court order:

1. Contact your ex-wife: Try to resolve the issue amicably by reminding her of the court order and requesting that she...
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2 Answers | Asked in Personal Injury for Florida on
Q: My fiancé's accident lawyer is telling him he needs a criminal defense attorney. The accident was caused by other driver

The accident attorney told him this after he was told that my fiance got paperwork from at fault drivers lawyer

Charles M.  Baron
Charles M. Baron
answered on May 1, 2024

You didn't ask a question. Is your question, "How does my fiancé find a criminal defense attorney?" One way is by using the Find a Lawyer tab at the top of this page. Another way is by contacting the Florida Bar Lawyer Referral Service. Another is by simply doing an online... View More

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2 Answers | Asked in Personal Injury for Florida on
Q: My fiancé's accident lawyer is telling him he needs a criminal defense attorney. The accident was caused by other driver

The accident attorney told him this after he was told that my fiance got paperwork from at fault drivers lawyer

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

Mr. Baron's post offers helpful guidance in seeking attorneys. Another question here could be why your fiancé was told he needs a criminal defense attorney. Ordinarily, motor vehicle accidents are handled as civil matters, unless there are additional factors, such as driving under the... View More

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