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David Eli Larson
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David Larson’s Answers

1,064 total


  • After paying off my mortgage chapter 13 can the mortgage company reopen my case its been discharged for 7 months

    If the bk lawyer made a mistake who is accountable can they make me pay More money

    David’s Answer

    If the mortgage was paid off in the ch 13, the mortgage company will not be able to make you pay anything more. But the mortgage payments may have just been brought current, in which case you would be required to start making the regular monthly mortgage payments after the last payment is made through the ch 13. If your attorney made a mistake, the mortgage company would still be able to collect any money still owing to the mortgage company, but you might have a claim against your attorney. You can also go to the link below to NACBA to find a lawyer near you to consult with.

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  • I-130 Permanent resident mother petitioning her children (Looking to work with a good immigration lawyer)

    How long would it take I-130 to be approved if filed or petitioned for: Unmarried Son over 21: Currently residing in U.S on F-1 Visa Unmarried Daughter under 21: Currently residing in U.S on F-1 Visa Unmarried Son over 21 : has been previously...

    David’s Answer

    You have received good answers from Mr. Brown and Ms. Pinjuh. The fastest time will be for the unmarried daughter under 21. It will be about two years from when you file the I-130 before she can apply for a green card. It will be about 7 years from when you file the I-130 for your son living in the US on the F-1 visa. It would be the same timing before your son living abroad to be able to apply for an immigrant visa, but depending on how he was deported and how long it has been since the deportation, it could be ten years or longer for him. These are general estimates not accurate predictions. You should meet with an immigration lawyer to learn the variations that can occur.

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  • Can I file a chapter 13 if I am behind my car paymentts and student loan?

    Don't want my car taken away and my wages garnished.

    David’s Answer

    You have received good answers from my colleagues. See the link to NACBA below for help in finding a bankruptcy lawyer near you. Most will give a free initial consultation.

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  • Transferring from H1B to F1 visa

    Applied for H1B extension, H1B date expired and got RFE. Wife is applying for F1 visa to study. Can I transfer to F2 visa along with her? If yes, how does the process work? Do we need to file for change of status with the school or apply for a fre...

    David’s Answer

    • Selected as best answer

    Yes, you can apply for a change of status from H-1B to F-2 using form I-539. You can submit it along with your wife's I-539. But, you need to consult with an immigration lawyer in person, so that your situations and immigration documents can be reviewed thoroughly, and a plan of action can be determined based on that review. Your situation could easily lead to you being determined to be out of status, and you could begin accruing unauthorized presence in the US which, if it lasts 180 days, could lead to you being barred from entry to the US for three years, ten years if the unauthorized presence lasts for a year or longer. The I-539s get filed with the USCIS (See the link below.), and you can stay in the US while the I-539s are pending, but heed my advice about consulting in person with an immigration lawyer.

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  • In the last 1.5 months of ch 13 bk. Filed 8/10. About to get a retro raise check. Do I have to give it to trustee?

    Made all payments to trustee, I think it should end at the end of August. I also took the post bk education course.

    David’s Answer

    You need too talk with your ch 13 lawyer about this. Trustees, even if they are entitled to receive these funds, will often allow the Ch 13 debtors to keep a portion of the funds, if they can show a need for them, such as house or car repairs or unexpected medical expenses.

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  • Can a felon be a co-sponsor for immigration

    I recently received a letter saying my co sponsor doesn't make enough money, only other option for a co sponsor I have is a convicted felon from years ago who is now very successful and owns his own business... Are felons aloud to sponsor and what...

    David’s Answer

    You have received two answers with which I agree. There will be no adverse effect on you because the co-sponsor has a felony conviction. Yes, sponsors are required to notify USCIS when their address changes. See the link to the USCIS website below.

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  • If a company buys a tax certificate for a 2nd property you own, but is in bankruptcy, can they take the home, that you live in

    In the middle of chapter 13 bankruptcy.

    David’s Answer

    No, the tax certificate only attaches to the 2nd property, not to your home, so the company can't take your home. Talk to your ch 13 lawyer about this issue. The company should not pursue any collection activities against the 2nd property with out first getting permission from the bankruptcy court.

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  • I-765 Work Permit

    I am going to submit the I-765 form. My current OPT end date is Sep. 10, 2015 and my employer is going to renew my contract for another year. Since the process of work permit takes up to 90 days, I afraid that I do not receive my work permit on ti...

    David’s Answer

    • Selected as best answer

    I am assuming that you are a STEM graduate and eligible for extension of your OPT. If that is the case, then you may continue working for up to 180 days while the application is pending. See the following link for some helpful information: http://www.uscis.gov/archive/archive-news/questions-and-answers-extension-optional-practical-training-program-qualified-students. Note that your employer must be enrolled in E-Verify. Whether your employer will pay you in advance is entirely at the employer's discretion, but. if I were the employer, I would just keep paying you the same as usual.

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  • Just wanted to say, "Thanks" from the (Chapter 13 Foreclosure by HOA)!

    I couldn't find where to say "thanks" at, so I thought I'd try here! I just wanted to say "thank you" to all of the attorneys, who gave their input and help to my "foreclosure by the HOA" earlier this week and last week. I really appreci...

    David’s Answer

    You are welcome. It's good to get such positive feedback.

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  • I am Completing 5 years on my L1 B VISA on Spet 2015. Can I change the status from L1 B to F1 (Student VISA)

    I am Completing 5 years on my L1 B VISA on Spet 2015. Cai change the status from L1 B to F1 (Student VISA)

    David’s Answer

    Yes, I recommend that you retain an immigration lawyer to represent you in filing and processing the form I-539 Application for Change of Status.

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