Midlothian, Virginia
Law Offices of Tommy P. Baer, PLC
Serving Your Legal Needs For Over 50 Years
Frequently Asked Questions
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Q. I arrived in the U.S. on 90-day visa, but would like to stay longer. Can I extend my stay?
A. No. The Visa Waiver program allows persons from certain countries to enter the U.S. without applying for the typical 6 months tourist visa (B-2), but it is good only for 90 days. Extensions and changes of status (with the possible exception of marriage to a US. citizen under certain circumstances) are not permitted. Consult with us about your options.
Q. I came into the U.S. with a tourist visa for 6 months, and it is about to expire. However, I have a 10-year multiple entry visa. Can I stay?
A. You can stay only if we apply for an extension or change of status prior to the expiration of your authorized stay.
Q. I am an undocumented alien who has been in the U.S. over a year. What are my options?
A. If you entered illegally, there was once nothing you could do until the law was changed. If you entered legally, but overstayed, your only option was a bona fide marriage to a U.S. citizen. However, the law has changed, and under certain circumstances you may be able to obtain lawful status.
Q. I am a permanent resident who petitioned for my single son and who lives in my native country. He was under 21 when I first applied but his priority date has not yet been reached and he is now over 21. Is he still eligible?
A. Yes. In most cases he will still be eligible on his priority date. However, both you and he must be careful not to do anything which changes his status. Consult with us to be sure he remains eligible.
Q. I obtained a conditional green card through marriage to a U.S. citizen, but we are now separated. Can I still get my permanent green card?
A. Yes, but we must first obtain for you a divorce and keep USCIS informed. If the two year period expires before your divorce is final, you will generally receive one year extensions on your conditional card allowing you also to travel and to continue to work. Once the divorce is final, we must then file an I-751 with supporting documentation including evidence (brought up to date from the first interview) that the marriage was valid and not entered into fraudulently.
Q. I got my green card three years ago. Can I apply for U.S. citizenship?
A. We can apply if your green card was based on marriage to a U.S. citizen and you are still married. Otherwise, we can apply only after five years from the issuance of your green card.
Q. Can both parties in a divorce action be represented by the same lawyer?
A. An attorney ethically can represent only one party. However, if the other party is fully advised of his or her right to obtain the advice of counsel and waives that right, the attorney can prepare the property settlement agreement and process the divorce. He still, though, only represents his client.
Q. When is a property settlement agreement (PSA) necessary?
A. If the parties have no children, a PSA is required to obtain a divorce after a six months separation. Otherwise it is one year. If there are minor children, a divorce can be obtained after the separation of one year even without a PSA.
Q. When is a PSA recommended?
A. The purpose of a PSA is to settle the division of all property and debts acquired during the marriage, including real property, personal property and retirement funds. It can also set forth the agreement of the parties as to spousal support, child support, visitation and more. This is an important protection and is generally highly recommended.
Q. I work, my husband works, and we have children. Am I entitled to spousal support? To child support?
A. The answers depend upon the facts and statutory guidelines. All these issues and more can be resolved by a PSA, so it is important to consult with an experienced family law practitioner.
Q. I am starting my own business and want to know the best form to use.
A. The best type of structure depends upon the number of the owners, the nature of the ownership interests, the type of business, the desired tax benefits, and more. The various forms are sole proprietorship (one person), partnership (more than one person), corporation (C Corp or Subchapter S), and limited liability companies (treated as a corporation or a partnership). Each has advantages and disadvantages, and before deciding you should consult with an experienced attorney.
Q. I am about to leave my job, but my contract with the company contains a non-compete provision. What are my rights?
A. Non-compete provisions in Virginia are valid where confidential secrets or unique processes are involved, and where the restriction is reasonable as to time (number of years) and space (geographic radius). Often it is not worth the time and expense of the employer to file for an injunction (the usual remedy), but consultation with an attorney is important to weigh any actions against the risks.
Q. I am a minority stockholder in a corporation. I am not told of meetings, and information is being withheld from me. What are my rights?
A. You must be given notice of every meeting of the stockholders, and you have a right to attend and vote. Additionally, Virginia law is clear that you are entitled to certain information specified in the Code of Virginia as well as financial information. You should consult with an attorney to determine how the information and documents are demanded, along with the remedy for failure to produce.
Q. How important is a will?
A. A will is the only instrument which solely allows an individual to determine how and to whom his or her property will be distributed upon death. Whether one is married, single, widowed, with or without children, a will is recommended in order to avoid future expense and possible conflict among beneficiaries.
Q. I prepared a will some years ago and now want to make some changes. Can I scribble the changes in the original will and initial them?
A. No. This could affect the validity of the portions marked out or modified, or even the entire will. Wills must conform precisely with Virginia law with respect to any changes made. Consult with us about how changes can be made.
Q. My spouse just died and his will left everything to me. Do I need to probate his will?
A. If all the property was jointly owned by both of you, such as joint bank accounts, jointly held securities, and jointly held real estate, it all passes to you outside of the will. The same applies as to life insurance and retirement accounts in which you (not the estate) are the named beneficiary. Certain other property, such as furniture and automobiles, passes without the necessity of probate. However, this can be a complex process and requires careful analysis by an experienced lawyer.
Q. I was just involved in an auto accident and the other driver was at fault. Should I obtain a lawyer?
A. If you were injured, it is recommended. The sooner you retain a lawyer the better. The lawyer will deal with the other driver’s insurance company (and your own if necessary), assure that you receive proper medical treatment for your injuries, obtain all doctor and hospital reports, determine any lost wages, obtain the police report, investigate the nature and cause of the accident and ensure that you receive adequate compensation for your injuries, including pain and suffering.
Q. I was just involved in an auto accident and the other driver’s insurance company wants to settle. Should I speak to them?
A. It is recommended that you speak to an attorney first. The insurance company is not your friend. First, the phone call will be taped and can be used against you if the case doesn’t settle. Second, remember that the insurance company just wants you to go away and will offer the smallest amount to settle. Third, as often happens the company will drag it out as close to the statute of limitations as possible. By that time you will have jeopardized your chances of obtaining an appropriate award.
Q. I was just involved in an auto accident and the other driver has no insurance. What can I do?
A. You may recover against your own insurance company if you have uninsured coverage (or underinsured coverage if your injuries exceed the amount of the other driver’s coverage). You cannot be penalized by your company for availing yourself of this coverage; you paid for it.
Q. Can I recover my medical expenses both from the other driver’s insurance company and my own health insurance company?
A. Yes, but the terms of your carrier’s policy may require reimbursement for its payments to you. Your attorney will be able to determine this and assure that no more is reimbursed than absolutely required.
