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Todd Eric Gallinger

Todd Gallinger’s Answers

81 total


  • Can I travel outside US after filing for US Citizenship?

    I am a US permanent resident. I was invited to be a consultant as an architect in Hong Kong for two periods of 3 months and 4 months each. Say between them I will be in the States. Although the Owner of the Architectural firm is American it's base...

    Todd’s Answer

    It wouldn't be considered abandonment, but you have to maintain you US presence while your application for naturalization is pending. Residing outside of the US for more than 6 months in a one year time frame could be considered abandonment of you green card and residence. In order to avoid this, you should file an I-131 for a Re-entry Permit AND N-470 to preserve your residency for naturalization purposes. I would consult with an attorney to review the dates you'll be traveling and get advice particular to your situation.

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  • My next door neighbor and his girl friend fight very loudly late at night. Does the landlord have to do anything?

    I rent out half of a duplex. The tenant in the other half and his girlfriend have what I can only describe as a volatile relationship. The police have been there at least 4 times this year. If the landlord is fully aware of this does he have a leg...

    Todd’s Answer

    The questions you are asking are very fact specific. It is probably impossible to determine how a particular judge or jury might rule on such a case. A good real estate attorney could give you a sense of probability, but not 100%.

    I would take up the issue with the landlord, tell him that the place is inhabitable in the current situation, and that one of you has to go. Hopefully that will spur the landlord to evict the other couple, which he likely has grounds to do.

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  • My cousin is illegal but he has lived here his whole life he is 21 and trying to become legal without being deported

    They got an immigration lawyer and the lawyer said my relatives had to addopt him before 18 years. Old it turns out it was before 16 well that lawyer just screwed them over alot of money this kid played football baseball goes to college and is a g...

    Todd’s Answer

    One would need more information in order to answer your questions completely. Generally, someone who is out of status can only adjust or change status in the US based upon the petition of an immediate relative US Citizen. This means the spouse, parent (if the child is under 21 and unmarried), or child (if the parent is over 21) of the person wanting to immigrate must be a US citizen and file and I-130 and I-485 on their behalf.

    There are some additional waivers and exemptions, but those are more difficult to qualify for. You should speak with a reputable immigration attorney to find out. You may also want to look into pursuing an action for return of the fees paid to the previous lawyer if he misinformed you on something so basic.

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  • Do I have a case?

    If I have a contract with a not-for-profit organization and they ask for my resignation based on an event that occurred on my personal time and away from any participants in the organizaion without any formal warning, is this a contract breach?

    Todd’s Answer

    It will depend entirely on the terms of your contract. You should talk to an attorney, to give them the details, and have an attorney review it.

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  • Is it common to not find a lawyer's name, when searching through the State Bar search engine?

    I'm thinking of hiring this lawyer, and I was checking the State Bar for his name. It doesn't appear in the listing. What does this mean?

    Todd’s Answer

    All lawyers should be listed on the State Bar's website. You may be misspelling his name, try checking the "similar sounding names" box. Otherwise, he may not be an attorney.

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  • Can i sue my manger for paying me $4.00 and hour

    i earn about $69 per day for 12 hours.

    Todd’s Answer

    It sounds like you could file an action with the CA Department of Industrial Relations. You would have a case for being paid under minimum wage and also for unpaid overtime. The employer could also be hit with additional fines and penalties, some of which you would be entitled to. You should consult an attorney to discuss further.

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  • Why would a judge relieve a lawyer as council from a case?

    How can a lawyer be relieved as council from a civil case?

    Todd’s Answer

    A lawyer can generally leave a case, as long as it won't harm his client's case. If the lawyer and attorney agree, they can file a substitution of counsel form naming the new attorney. If the client does not want the lawyer to leave, the attorney has to file a motion to be relieved as counsel. The judge will generally permit the lawyer to leave if he decides that it will not materially impact the client's case.

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  • How long is a Trademark Release letter valid if no expiration date is noted?

    How long is a Trademark Release letter valid if no expiration date is noted?

    Todd’s Answer

    A release letter would generally cover past conduct. A license to use, if the date is not specified, could be permanent. If the parties had a specific agreement about he time period, then it might be that long, it depends on the specific language in the agreement. You should speak with an attorney and show them the letter.

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  • Got in my mailbox today a levy "writ of execution / money judgement" from sherriffs dept. How do I respond to this?

    How do I respond to this. It says levy on any and all accounts for myself and husband. This is from an unpaid community association for a rental propery we lost in foreclosure 5 months ago. What is a claim of exemption and how do I file it? Will I...

    Todd’s Answer

    You should talk to an attorney about challenging the underlying judgment. It sounds like a default judgment was entered against you. Time is of the essence, as you must show diligence after learning about the existence of the judgment. You should contact an attorney ASAP.

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  • I-693 What is a blanket waiver?

    Civil surgeon checked "Applicant may be eligible for blanket waiver(s) as indicated above."

    Todd’s Answer

    It is likely that the applicant did not have their complete vaccine records. The civil surgeon is probably indicating that this person can get it taken care of after the examination, and is recommending that the immigration process move forward. To be sure, however, you should check with the Dr. Also, the I-693 you need to send to the USCIS should be in a sealed envelope from the doctor.

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