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QUESTION & ANSWER: IMMIGRATION

Monday, 25 January 2010 04:38 Umbrarescu Law

1.   I would like to extend my stay in the United States as a tourist. What do I need to do?
You need to fill out an application. You also need to provide documents indicating that you do not intend to immigrate to the United States.

2.   I am a married American citizen and my wife still lives in her native country. I have got some difficulties obtaining an immigrant visa for my wife. I was asked for a “waiver.”
A waiver is a special permission issued to a person who cannot immigrate to the United States as a result of a violation of the American law. You need to fill out form I-601 and attach documents sufficient to justify this permission. It is important to contact a lawyer to guide you through this process.

3.   I am an American citizen and the United States consulate denied my parents’ application for a tourist visa. I would like to visit them but my child has got health problems and cannot travel. What can I do?
As an American citizen, you can petition for your parents’ permanent American residence. The approval for this type of application usually takes a short time. In this way, your parents could visit you without a tourist visa.

4.   My friends have received a tourist visa from the United States consulate. When they arrived at the United States airport, they were not allowed to enter the country.
Obtaining a tourist visa does not quarantee the admission to the United States. The immigration officers have discretion to allow or deny the entry in this country. They also determine the period of the stay.

Last Updated on Monday, 22 March 2010 05:14

QUESTION & ANSWER: TRAFFIC

Monday, 25 January 2010 04:38 Umbrarescu Law

1.   I committed a traffic violation while I was driving my personal car. Could this adversely affect my commercial driver’s license (CDL)?
It depends on the type of traffic violation. The traffic violations that are considered serious by the Secretary of State will adversely affect the commercial driver’s license (CDL) even if they were committed while driving the personal car.

2.   My driver’s license has been suspended as a result of my failure to pay child support. How can I remove this suspension?
In this case, you need to contact Illinois Department of Healthcare and Family Services Division of Child Support Enforcement [HFS] and resume paying child support. A problem could be the unpaid amount. In this case, you lawyer can negotiate an agreement with this department for a payment plan. The department shall notify the Secretary of State.

3.   I have got a hearing with the Secretary of State for the reinstatement of my driver’s license. What should I do?
A hearing with the Secretary of State is similar to a hearing in court. Therefore, you need to be prepared. You need the assistance of a lawyer since a high percentage of the reinstatement requests are denied.

Last Updated on Monday, 22 March 2010 05:16

QUESTION & ANSWER: BANKRUPTCY

Monday, 25 January 2010 04:37 Umbrarescu Law

1.   Does bankruptcy prevent me from obtaining permanent residency or citizenship?
No. Bankruptcy does not have any negative consequences on an application for permanent residency or citizenship because it is a legal process. Bankruptcy does not break the American law. In fact, bankruptcy was created by the American law.

2.   Does bankruptcy prevent me from obtaining credit cards in the future?
No. Financial companies are willing to issue credit cards after bankruptcy.

3.   Does bankruptcy affect my spouse’s credit?
No. Bankruptcy affects only the credit of the person who files for bankruptcy.

4.   Is the personal income a significant issue for bankruptcy?
Yes. Both the personal income and the personal expenses are significant issues for bankruptcy. An individual must have a certain income to qualify for bankruptcy. For chapter 7, the income must not exceed a certain amount. If the income exceeds that amount, chapter 13 becomes the only option available for bankruptcy. For chapter 13, the income must be sufficient for paying a percentage of the unsecured debt. Usually, it is 10% of the unsecured debt.

5.   Does my spouse’s income matter?
Yes. The income and the expenses of both spouses are considered in determining the eligibility for bankruptcy even if only one spouse files for bankruptcy.

Last Updated on Monday, 22 March 2010 05:12

QUESTION & ANSWER: REAL ESTATE

Monday, 25 January 2010 04:37 Umbrarescu Law

1.   A foreclosure lawsuit has been filed against my house while a short sale is pending. What options I have got?
In such a case, time is of essence. You need to close the short sale as soon as possible. Usually the foreclosure lawsuit takes about one year. A short sale takes about 3-4 months; however, the approval of a short sale is not guaranteed. The property may be sold at the foreclosure sale (sheriff sale) during the short sale.

2.   I live in a condominium. I failed to pay the assessment while I was trying to pay the mortgage. The condominium association gave me an eviction notice. Is this legal?
Even though you are the owner of your condominium, the condominium association has the right to get you evicted for failure to pay the assessment. The condominium association’s lawyer shall get a court order for your eviction. Moreover, you may be responsible for attorney fees and court costs.

3.   I would like to buy a condominium. About half of the condominiums in that building are vacant. The City of Chicago has filed a lawsuit against the condominium association. However, the condominium association has refused to give me more information about this situation.
It is possible that the City of Chicago is trying to get the possession of the building. If the court holds that the building is vacated, then the City of Chicago has the right to appoint a company to take possession of this property. (Receivership). Your lawyer has the right to find more information about this situation.

Last Updated on Tuesday, 23 March 2010 10:14

QUESTION & ANSWER: FAMILY LAW

Monday, 25 January 2010 04:36 Umbrarescu Law

1. How much is the child support?

The child support amount depends on the number of children. The child support for one child is 20% of the net income. The child support for two children is 28% of the net income. The child support for three children is 32% of the net income. The child support for four children is 40% of the net income. The child support for five children is 45% of the net income. The child support for six children or more is 50% of the net income.

2. What is the difference between sole custody and joint custody?

In the case of sole custody, the parent with sole custody has the right to make all the decisions regarding the child. The other parent has only the right to visit the child and the duty to pay child support. In the case of joint custody, both parents have the right to make decisions regarding the child. However, the parents need to decide where the child shall live. The child cannot reside at two places. The parent who does not live with the child must pay child support.

3. Can you challenge a divorce judgment?

Yes. You can file a motion to vacate the divorce judgment. However, it is important to file it as soon as possible after the divorce judgment. The sooner you file it, the better your chances. You have the best chance of success if you file it within 30 days of the date of the divorce.

Last Updated on Monday, 22 March 2010 05:11

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