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Most Recent Questions & Answers

David B. Karp
       Your sister can apply for a restraining order against her boyfriend, depending on the facts and circumstances involved, either for harassment or domestic abuse. The biological father would also have standing to file a motion with the court either to request custody of the... Read More
       Your sister can apply for a restraining order against her boyfriend, depending on the facts and circumstances involved,... Read More
David B. Karp
       Under the law, any informal agreements that you two reach are not binding legally on the court. Before you start entering into agreements as to custody, placement or visitation, paternity needs to be established first. In Wisconsin, that can be done by both of you signing... Read More
       Under the law, any informal agreements that you two reach are not binding legally on the court. Before you start entering... Read More

Abandoned child ?

Answered a hour ago by attorney David B. Karp | 1 Answer

Legal Topics: Divorce

David B. Karp
In Wisconsin, there is no such thing under the family law (civil code) as "abandonment." Wisconsin is  a "no fault" state and the court cannot consider the reasons why someone wants a divorce or what went on during the marriage as a basis for the divorce. However, if you plan to move out and... Read More
In Wisconsin, there is no such thing under the family law (civil code) as "abandonment." Wisconsin is  a "no fault" state and the court cannot... Read More
Wendy Rebecca Barlow
You you must be truthful in all communication with the consular official. You should admit providing false information. There will be consequences but it is usually better to admit you lied than to try to lie again and get caught. You will be required to file a waiver. You can read more about the... Read More
You you must be truthful in all communication with the consular official. You should admit providing false information. There will be consequences... Read More

I

Answered a hour ago by attorney Wendy Rebecca Barlow | 1 Answer

Legal Topics: Immigration

Wendy Rebecca Barlow
The process varies from country to country. The best place to start is to contact the country's consulate or embassy in the United States.
The process varies from country to country. The best place to start is to contact the country's consulate or embassy in the United States.
Wendy Rebecca Barlow
The answer to your questions will depend upon how you entered the country. If you were admitted or paroled into the United States, the process will take about 6-8 months. While your request is pending, USCIS may issue advance parole that authorizes you to return after a trip overseas. This is... Read More
The answer to your questions will depend upon how you entered the country. If you were admitted or paroled into the United States, the process will... Read More
Wendy Rebecca Barlow
It is your burden to establish eligibility for removal of conditions. It is advisable to submit any and all evidence that establishes your eligibility. The kind of evidence that must be submitted depends upon whether you are filing a joint petition or a waiver of the joint filing requirement. You... Read More
It is your burden to establish eligibility for removal of conditions. It is advisable to submit any and all evidence that establishes your... Read More
Wendy Rebecca Barlow
You would be eligible to apply for naturalization of you are 18 years or older. You may already be a United States citizen depending upon how old you were when your mother naturalized. If you are already a citizen by operation of law, you would simply need to request a certificate of citizenship.... Read More
You would be eligible to apply for naturalization of you are 18 years or older. You may already be a United States citizen depending upon how old you... Read More

Permanent Residency

Answered 2 hours ago by attorney Wendy Rebecca Barlow | 1 Answer

Legal Topics: Immigration

Wendy Rebecca Barlow
Multiple immigrant visa petitions may be filed on behalf of an alien. Both petitions will be assessed on its merits. At the time of adjustment of status, there could be questions regarding your intent depending upon which immigrant visa you are relying upon. You can read more about employment... Read More
Multiple immigrant visa petitions may be filed on behalf of an alien. Both petitions will be assessed on its merits. At the time of adjustment of... Read More

I-485

Answered 2 hours ago by attorney Wendy Rebecca Barlow | 1 Answer

Legal Topics: Immigration

Wendy Rebecca Barlow
You may be eligible to seek adjustment of status if you quakify under INA 245(k). Given what is at stake, I would encourage you to consult an attorney. In the interim, you can read more about INA 245(k) at http://myattorneyusa.com/adjustment-of-immigration-status.
You may be eligible to seek adjustment of status if you quakify under INA 245(k). Given what is at stake, I would encourage you to consult an... Read More
Wendy Rebecca Barlow
You risk being placed in removal proceedings if convicted. You should consider consulting an attorney prior to accepting any plea offer. You should also discuss relief options in case removal proceedings are initiated. Having an immigration attorney at the criminal court hearing is typically not... Read More
You risk being placed in removal proceedings if convicted. You should consider consulting an attorney prior to accepting any plea offer. You should... Read More

Questions about filling of N400 form.

Answered 2 hours ago by attorney Wendy Rebecca Barlow | 1 Answer

Legal Topics: Immigration

Wendy Rebecca Barlow
1. You should indicate your name as written on your green card. You should also include any other variations of your name used in the other names section. 2. You can request a name change through the naturalization process. Simply indicate the name you would like in the applicable place on the... Read More
1. You should indicate your name as written on your green card. You should also include any other variations of your name used in the other names... Read More
Wendy Rebecca Barlow
USCIS processs all Forms I-130 in the same manner regardless of whether filed with an attorney or not. You can find information about current processing times at www.uscis.gov. Processing times vary depending the immigration status of the petitioner, relationship to the beneficiary, and service... Read More
USCIS processs all Forms I-130 in the same manner regardless of whether filed with an attorney or not. You can find information about current... Read More
Wendy Rebecca Barlow
Yes, her husband would be able to petition for her to receive an immigrant visa. The issue is that your sister is subject to a bar to admission for her prior unlawful presence. Given she overstayed for a year, your sister is subject to a ten year bar to admission. Your sister would need a waiver to... Read More
Yes, her husband would be able to petition for her to receive an immigrant visa. The issue is that your sister is subject to a bar to admission for... Read More

Will I be able to move?

Answered 8 hours ago by attorney Elizabeth Stup | 1 Answer

Legal Topics: Family Law

Elizabeth Stup
You state that the child is a "9 month year old."  If the child is 9 years old and there is a currently existing custody order or agreement, you will need to modify the existing custody order and/or agreement.  A modification is different from an initial order of custody if the other... Read More
You state that the child is a "9 month year old."  If the child is 9 years old and there is a currently existing custody order or agreement,... Read More
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