Skip to main content
Todd Eric Gallinger

Todd Gallinger’s Answers

81 total


  • Can i go home to my country and go back here in us with conditional green card?

    i overstay in us for almost 2 years with b2 visa, and the immigration inspector come to my house, told me that i need to go back to my country, they give me 14 days to go home, before 14days ends i got merried to us citizen and file my papers to u...

    Todd’s Answer

    It is confusing as to if you are on tourist visa, or if you have a green card. If you have a green card, even a conditional one, then your past overstay is not an issue and you can travel abroad safely for up to six months. If you do not have a green card, you need to be very careful as you will likely be subject to a 10 year bar on reentering the US. If you are still confused, talk to an immigration attorney.

    See question 
  • Can I get a B2 visa if I married a US citizen?

    I first came to the US through J1 visa and is subject to 2year home residency requirement. Later I changed to F1 visa. I got married to a US citizen before completing my two years home residency requirement.

    Todd’s Answer

    You are still subject to the two year home residency requirement. Getting a B2 visa will also be more difficult if you are married to a U.S. citizen. You will need to go out of your way to show your intent to return home at the end of your visa period. This can be through pre-purchase of return plane tickets, evidence of a residence, job, and family abroad. It sounds like a complex situation and you should consult with an immigration attorney for an exact answer.

    See question 
  • Can seller give Notice to Buyer to Perform when the removal of contingency is still open in the accepted offer?

    Buyer does not want to remove the contingencies and wants to back out. Does the cancellation need to be signed within the time specified in the Notice? If not, what happens to the earnest money? The Notice was sent when the date for removal of ...

    Todd’s Answer

    The exact answer will depend upon the real estate purchase agreement signed by buyer and seller. Normally, a cancellation like this, will not be considered valid until it is received. You should consult with a real estate attorney, who can review the contract, in order to get an exact response.

    See question 
  • The landlord declares the forfeiture of my lease. I moved out as he required. But he said I was still bound to the lease.

    The landlord declares the forfeiture of my lease and evicted me because I didn't pay the rent for next month. I paid the rent for this month. I vacated the apartment and returned the keys to him as he required. But the landlord said that I was sti...

    Todd’s Answer

    You will likely be legally bound to pay the rent for the term of the lease, or until the landlord releases the apartment. The landlord must make his best efforts to market and release the unit, called mitigating his damages. But if he is not able to rent it out again, you will likely be liable for the whole term. In order to enforce this, however, the landlord needs to file a civil suit. Often times you can negotiate it or the landlord may not even try to enforce it if you don't have the money to collect. Consult with a debt or landlord/tenant attorney for more information.

    See question 
  • Enter your question here.my boyfriend of 2 yrs left me a hand writen will leaving it all to me!! is my will valate

    he gave a copy to his lawyer who was so post do it!! and letter from the doctor he was in his right mine!! the lawyer didnot finsh it!! will i still get it

    Todd’s Answer

    If your boyfriend completed a handwritten will, dated it, and signed it, it is most likely enforceable as a holographic will. You will want to talk to a probate attorney to make sure and also start the process of probate (the court distribution of property of a deceased person), if necessary.

    See question 
  • I thought that I have been wrongfully towed.Is this a civil attorney case?

    Last September 28,2010 at around 10:45pm I've visited my friend's home.I normally park my car the same spot or place everytime I visited friend's house,numerous times.I've even seen some cars parked on that specipic spot or place.Perhaps as a gue...

    Todd’s Answer

    You could file a case in small claims court for the amount you paid to get the car out of the lot. It is unlikely that you would get emotional damages, but you never know. You'll also want to evaluate the cost of filing the case and the time involved. I would bet in the end that it would not be worth it to file, but that is a decision only you can make. You could also file a complaint with the Better Business Bureau.

    For more information on the small claims process check out:
    http://www.courtinfo.ca.gov/selfhelp/

    See question 
  • I worked as an independent contractor but the employing company hasn't paid me. What can I do?

    uncollected pay for work

    Todd’s Answer

    They have failed to perform under the independent contractor agreement, and you can sue them for breach of contract. What court you will need to file in depends upon the amount of damages and where the work was performed. I would consult with an attorney for some initial guidance, even if you will file a small claims case yourself.

    See question 
  • Should I name the house i'm leasing to my family trust before I form an SMLLC?

    We reside & work in CA & are forming an elderly care home facility leasing biz in TX. The house is located in TX & the title is currently under my name. I'm forming a single member LLC for now and might add my husband later when he finds a job. ...

    Todd’s Answer

    Putting the house in a revocable trust will not protect the asset from any personal liabilities. Putting it under the LLC will also not protect it from liabilities arising from the LLC's business. I think you should speak with an attorney to clarify your goals and examine the costs involved.

    See question 
  • Subpoening partnership records when Ex is partner in law firm

    My ex is a partner in a law firm. He has refused to provide a Profit & Loss Statement with his I&E claiming the firm is working on it. The firm has existed for 2 years, has 3 founding partners, 2 employees. I don't see how they don't have a P&L...

    Todd’s Answer

    In a Child Support hearing your ex should have to file and submit income and expense statements, just like you do. But you do have the ability to subpoena the records directly from the law firm, from their accountant, and from the individual partners.

    You will likely want to request their tax statements, most likely with the K-1 attachments, but you can also request from the accountant the electronic records they keep in Quickbooks, Peachtree, or similar programs. Of course your ex may raise an objection about attorney-client information, but a lot of that might be able to be redacted.

    If you believe that your ex has significant income he is hiding, you should definitely hire an attorney. If you don't have sufficient funds to hire an attorney, they may be able to petition the court to order your ex to pay for their fees. Please consult with an attorney to get legal advice specific to your situation, as this is just a general observation.

    See question