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Marco Caviglia

Marco Caviglia’s Answers

4,471 total


  • Can I still get my 10 year green card if I divorce my unemployed husband?

    We've been married for 2 years and a half now. A year ago I got my conditional green card. Next summer I'm Supposed to get my permanent green card. I married this man in good faith but he's been unemployed for 9 months now and before then could ba...

    Marco’s Answer

    Permanent residence is conditional if your marriage is less than 2 years on the day granted permanent residence because one must prove you weren't married to get around the immigration law. One must file from I-751 to remove the conditions which requires filing it jointly. One can file singly if you are divorced or if you are a battered or abused spouse by the US citizen spouse. One may access the instructions to filing the I-751 form for more details.

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  • Can the tax returns be voided for prior years after a divorce (not annulment)?

    Let's assume that a couple filed joint-tax returns for the past 4 years and now after a divorce, one of them would like to void the past 4 years and file single in order to pay FICA taxes, etc. Is it possible?

    Marco’s Answer

    IRS allows a "go-back" 3 year opportunity to amend your filing status provided the Service did not mail either spouse a notice of deficiency for which a petition was filed in the U.S. Tax Court, and neither spouse has commenced a law suit, or entered into a closing agreement, or offer-in-compromise.

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  • I am a parent in a NY divorce case. Someone is being called as a witness by the defense. How much time has to be given to the

    court and the opposition, in advance of the court date? This is in NY Supreme Court, and although my lawyer said not to worry about it, I'm just curious.

    Marco’s Answer

    If the witness is an expert, written disclosure well ahead of trial is required or risk preclusion of the witness. If it is a non-expert and to be presented on one's direct case, the court may require a witness list be exchanged. Even then, it would not probably result in preclusion, depending. If no court requirement, then your witness can be a "surprise."

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  • Do I have a case for lawsuit against former employer?

    I was fired for mistakes that I feel were due to my constant fear for my safety. Here is why i felt unsafe: The workplace can be extremely dangerous, with all types of machines that could and have caused serious injury or death, i was the only pe...

    Marco’s Answer

    Realistically, your "case" sounds like a loser. However, you should consult employment lawyers in your city for a consultation.

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  • Can I sue or (get fired ) my professor for verbal abuse

    HE started on the first day telling m I'm no good like my sister (who got an a in his course)r, told a few kids in the class that they are stupid said girls in general are stupid yelled at the class for asking dumb questions (after encouraging us ...

    Marco’s Answer

    This sounds like a different form of the same topic I just answered. Speak to the administration which hires and fires professors.

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  • Can I sue a Web Development Bootcamp (12-week immersive school) for false advertising?

    I went to the bootcamp in order to accelerate my career transition into full-time coding. (I hold a Computer Science Degree from the 90s, but wanted to update my skills. I was in the top 1/4 of my bootcamp class) This bootcamp's tuition was $12000...

    Marco’s Answer

    Caveat emptor. Even if you are a student just graduating from high school. In your case, you appear significantly older. You can sue, but will probably not succeed unless you can establish fraud by a preponderance, and one must take the contract language into account. You should consult a local contract attorney.

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  • What legal rights do college students have if they are being bullied by their professors?

    The school is ignoring and not pursuing the cases of bullying. What legal options can one pursue

    Marco’s Answer

    You should speak with the department chair about it, having specific examples and demonstrating a pattern. Presumably, this is done in class so there will be witnesses. Don't expect too much, as students are notorious now for bringing all sorts of allegations about conduct, real or imagined, seen as biased, racist, prejudicial, etc., often prompted by a bad grade, so administrators are keen to flush those away rapidly.

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  • What legal recourse do I have against my former college?

    I attended a college that had a dual degree program, a Bachelor of Science and Master of Arts. I did not complete the Master's degree as I was was asked to leave. They allowed me to finish the year to earn the necessary credits for the Bachelor ...

    Marco’s Answer

    There are so many salient facts needed, that you should consult a local attorney with a contracts background.

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  • No malpractice?

    College student falsely accused of a crime is expelled, retains NY lawyer to negotiate his reinstatement. School investigates, realizes they got the wrong student. The expelled student tries to speak w/ the dean, but dean won't talk to him. Stude...

    Marco’s Answer

    Aside from the low possibility of success against the attorney, why do you want to sue him instead of the school? Just change attorneys.

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  • I was forced to rehome my dogs against my will in a state I am not a resident. Both dogs were sick when I got to the home.

    A woman called on my boys, I asked what her situation was and why she wanted two dogs. She told me her ex took her kids dogs away from them. I felt sorry for the kids. This woman told me she had 4 acres of land and a creek. They had plenty of room...

    Marco’s Answer

    You may report the abuse to that county's humane law enforcement officer, who is often the police, a dog warden, or an enpowered humane society, as the case may be. You should be ready to supply evidence and possible testimony.

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