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Question:
I am going through a long and drawn out battle with my wife in a
divorce case. One of the bones of contention during our marriage
was a nose job that she did with money borrowed on our credit cards.
I was the only one working in the family and it took me a long time
to work and pay this debt off. Now that we are divorcing I want
to be paid back for this amount. Can I ask for it in court?
Reply:
You can "ask" for it from court but whether you will actually
be awarded any money on this item depends on many things. If you
have an attorney he/she may have already suggested to call this
a marital asset and try to get at least partial re-imbursement for
it, but let me tell you, trying to settle these issues in a civilized
manner by out-of-court agreement may be your best bet.
Question:
I was in a car accident when I was 11 years old. I was permanently
scarred on my upper thigh. Now I am 18 years old and am very interested
in acting but am beginning to realize that my scar may be a problem
when it comes to getting work as a model. Based on the advise of
an attorney my parents did not file against the other driver's insurance
company. What should I do now?
Reply:
Discuss the particulars of your case with an attorney immediately.
You may lose your chance to file a suit to preserve your rights
unless you act now. There are certain "deadlines" or statutory
periods within which you must file or you will be barred from raising
the issues again.
I hope that your family or previous attorney has
kept good records of your injuries and your treatment.
Question:
I have been living in the United States for the past nine years
and recently met and married a beautiful woman who is a U.S. citizen.
She has filed for me with the INS to legalize me but I am worried
about a conviction for DUI that I received two years ago. A lawyer
friend has told me that I should expunge my conviction otherwise
I may have a problem with the immigration people. Is this correct?
Reply:
No, a simple conviction for DUI is not in and of itself a bar to
becoming a permanent resident of the United States. By the way the
INS is now the BCIS (Bureau of Citizenship and Immigration Services)
and is run by the Department of Homeland Security. Anyway, as far
as immigration law is concerned, it is the conviction of the crime
that will be looked at not the expungement and one DUI will not
be a reason to deny your Adjustment of Status to that of a Permanent
Resident. I suggest, that you discuss your case with an attorney
before going to the interview. For example, you never told me whether
you arrived in the U.S. legally and if not, whether you filed your
applications before April 30, 2001 because those are some of the
issues that could create a problem. Also if you are from certain
countries, and have not yet registered with the BCIs, you may be
barred from receiving immigration benefits. Immigration law is very
Byzantine and you should not maneuver through it without first talking
to an attorney.
Good Luck
Michelle Taheripour is a licensed attorney practicing
in Sherman Oaks, California.
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