Todd Eric Gallinger’s Answers

Todd Eric Gallinger

Business Attorney.

Contributor Level 13
  1. What Can I Do With This INS case?

    Answered almost 4 years ago.

    1. Todd Eric Gallinger
    2. Andre R. Olivie
    2 lawyer answers

    If your mother is in Santa Ana City Jail, that probably means that she still needs to appear before an immigration judge, maybe on a bond hearing. You can discuss with the Immigration Lawyers release with an anklet, I've seen it happen recently. For long term hold, she would be sent to Lancaster or elsewhere. You really need to consult with an immigration attorney who handles removal defense. Gallinger Law actually doesn't, but if you message me I can provide some referrals. Good Luck,...

  2. Marriage based AOS from tourist visa denied?

    Answered almost 4 years ago.

    1. Carl Michael Shusterman
    2. Todd Eric Gallinger
    2 lawyer answers

    You should not have an issue, as long as enough time passed between entry and the marriage. The issue is the intent at the time of entry, if they believe that you had a fraudulent intent, actually intended to stay permanently when entering on a temporary visa, then they can deny the application or even exclude from future entries.

  3. After my Biometrics of EAD i have recieved an 1-797E notice of action form and have asked with few documents.

    Answered almost 4 years ago.

    1. Todd Eric Gallinger
    2. Ekaette Patty-Anne Eddings
    2 lawyer answers

    You get an A-Number when you apply for lawful permanent residence (a green card). If you don't have this, then just write your name on the back of the photographs and send everything in as soon as possible. Always send everything to USCIS with registered mail and a return receipt and keep a copy of what was mailed for your records.

  4. Wine broker Consulting and question.

    Answered almost 4 years ago.

    1. Adina T Stern
    2. Todd Eric Gallinger
    2 lawyer answers

    It would likely depend on how your contract is drafted, what name appears on the invoices, sent by the wineries here, if you intend to do the same for others, and other details. I would consult an attorney for more information, to see if you are a wholesaler or can qualify just as an agent of the Chinese firm.

  5. Is it legal for a neighbor to stare at you in your own backyard while he is in his house?

    Answered almost 4 years ago.

    1. Adina T Stern
    2. Todd Eric Gallinger
    3. Dorothy G Bunce
    3 lawyer answers

    I have difficulty imagining what law he might be breaking or what tort you might be able to bring against him. The only possible one I could think of would be nuisance, but you would have to show that his actions are unreasonable and that he knows the harm they cause, which would probably be difficult. Generally, people are allowed to do what they want on their own property. Rather than resolve it legally, it is probably best to try other methods.

  6. Can i get a tourist visa

    Answered almost 4 years ago.

    1. Todd Eric Gallinger
    2. Lynne Rogers Feldman
    3. Harvey Mechanic
    3 lawyer answers

    Since your F-1 visa was issued for D/S (duration of status or duration of study), you did not start accruing time towards the 3/10 year bar. You are eligible to apply for the visa, but will have to disclose the time you were in the US on your visa application. Good luck!

  7. Can a married US immigrant (still legally married in the Philippines) marry again in the US?

    Answered almost 4 years ago.

    1. Todd Eric Gallinger
    2. Shiva Pal Gill
    3. Harvey Mechanic
    3 lawyer answers

    No, to be married to two different people at the same time is bigamy and is illegal and lead to negative immigration consequences. He will have to obtain a legal divorce, either from the USA or the Philippines, before remarrying. He will have to include proof of divorce with his immigration files as well, so make sure he keeps a copy.

  8. What is the latest I can file for the I-130 and AOS?

    Answered almost 4 years ago.

    1. Todd Eric Gallinger
    2. Stuart Jonas Reich
    2 lawyer answers

    If you are marrying a US Citizen, the immigration service will ignore the time period on which you overstayed your vwp entry. Additionally, fast marriage and filing may show the immigration service that you entered on vwp under false pretenses, with the intent to get married and stay permanently. If they conclude that there was fraudulent dual intent, that could result in more problems down the road. I would consult an attorney to get the best advice before filing.

  9. If I applied for a Business Entity name and sent the app. to have the Business Incorporated, would I own the name in a

    Answered almost 4 years ago.

    1. Pamela Koslyn
    2. Todd Eric Gallinger
    3. David Loh
    3 lawyer answers

    If the business was a 50/50 partnership between you and another person, you do not own the name outright even if you filed the corporate paperwork. The name, like the other business assets, would be owned jointly by you and the other "partner" (actually other shareholder since you formed a corporation). A split up can be quite messy, so you should consult with an attorney to make sure you end up in the best situation.

  10. Is advertising a rate (as a broker) on a direct mail piece legal if you don't cite the direct lender.

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    Normally, an advertisement is not an offer to contract. Instead it is legally viewed as the request for the receiver to make an offer. That said, someone can not use false advertising and there must be a basis for the claims which are being made. If the broker did not have access to a lender at that specific rate, he might be committing false advertising. These are all very fact specific and an attorney would need to analyze the mail piece in detail to be able to give you a good answer.