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Todd Eric Gallinger

Todd Gallinger’s Answers

81 total


  • My husband has a hold with ins i have 3 kids and married to him. but iam only a resident can this help my husband.

    ins on hold

    Todd’s Answer

    As a permanent resident, you can file a petition for your husband, but it will take a couple of years until you are able to actually file a petition on his behalf. If/When your children are over 21, they can file a petition on his behalf. Depending on the circumstances, he might also be eligible for a waiver or restriction on removal, but those can be difficult cases to make out. He may also have issues in demonstrating the necessary moral character to the Immigration Service depending on his arrest and/or conviction.

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  • Can I get any/all of the bonus if I file paperwork as a creditor owed? Is it possible that the new company will pay it?

    My employer filed ch11. I'm owed a sign on bonus of $2000 if I work for 12mos. I'm now in my 10th month. The company is being acquired so I will have a new employer.

    Todd’s Answer

    It likely depends on how the language in your employment contract reads and the conduct of the new employer moving forward. I would consult a labor law attorney to get an answer specific to your situation.

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  • Can my boss cut my pay due to unhappy clients ?

    I have proof bigger and $ costly mistakes have been made by other employees in the Co. and their pay has not been cut. I'm an exempt employee,I feel i have no rights. HELP !

    Todd’s Answer

    If your employment contract is "at will", you or your employer can change the terms of employment at any time. This means that they could decide to cut your pay, as long as it is still above minimum wage. If you feel like the way you are being singled out is discrimination based upon your membership in a protected class (i.e. gender, race, religion, national origin, family status, etc.), then you should consult an employment attorney to discuss. I would also look into if you actually qualify as an exempt employee, employers often miscategorize to avoid paying overtime. In CA, only specialists and supervisors can be exempt employees.

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  • Can my boss change my position and tell me reason is because of my gender ?

    I had been a Maintenance coordinator for over 7 yrs. I was moved to a different position because a male was required for said position. Two different male employees have not been able to keep this position. Two females have been hired to do positi...

    Todd’s Answer

    This is clear gender based employment discrimination, illegal under both federal and CA state law. You should speak with an employment specialist as soon as possible and also file a complaint with the CA Department of Fair Employment and Housing immediately to preserve your rights.

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  • Is it faster to file Form I-824 for my kids living outside United States or we still need to file for Form I-130

    my husband is a US citizen and i just had my green card. we want to petition my kids so they can join us. they are 11 and 5 years old.

    Todd’s Answer

    • Selected as best answer

    If your husband is not the biological father of the children, he will have to file I-130's for them. Immediate Relative Petitions, like those for a spouse, do not offer derivative benefits. He has to file individual petitions for each of them. If they were his biological children, he can attempt to register their birth at the local embassy, where they might be able to then get passports (because they would already be citizens).

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  • What can I charge my nuthead sister-in-law with if she entered our home without permission to play with our new kitten?

    Help! I know this sounds like no biggie but my sister-in-law is a complete nuthead! We have a new kitten and live in a house in a canyon. Crazy B and her kid were SPECIFICALLY told if they wanted to see our new kitten they could come over when we ...

    Todd’s Answer

    You are probably best to try and handle this within the family. You may be able to sue her for trespass, but I don't hear of any actual damages. It could also be reported to the police as a break & entering, but I doubt it would be thoroughly investigated or prosecuted. If you do want to hire a lawyer on this matter, expect it to cost you more than you'll recover.

    Of course this is just general information, and you can't be advised specific to your situation without knowing all the factual details. If you need legal advice, consult a lawyer in your jurisdiction.

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  • Interview on a B1/B2 visa

    I am former LPR now living overseas. For a job interview in US (H1b will be filed), can I seek admission on a B1/B2? Can I state "interview" as my purpose of my visit? If I decide to get green card again, will my prior greencard abandonment caus...

    Todd’s Answer

    Entering for a job interview is totally acceptable on a B1/B2 visa. It is meant for "business meetings", which would include a job interview. The fact that the employer would likely be applying for an H1 removes any concern about "dual intent", entering on a temporary visa when intending to get a green card. A previously abandoned green card will not be a formal hurdle to a new green card in any way, though it may cause some officers to make a closer review.

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  • Can a family law attorney hold my money that were placed in his/her trust fund during the divorce proccedure?

    The attorney has no lien on the money. I have an open balance due to him/her and he/she refuses to release my money after the diovrce was completed. If he/she has no right hold the money, how do I get my money?

    Todd’s Answer

    It sounds like you put money into trust, that the attorney would then bill against for work performed. That you have an open balance due means that he is likely entitled to that money for compensation. If you do not believe that the attorney is entitled to the money, your local bar association like has a fee arbitration panel that you can raise the issue with.

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  • Invitation letter for my mother to get B2 visa

    i am sending a invitation letter for my mother to get a B2 visa. she has a strong funds to cover her expenses during stay in the U.S.A. should i state in invitation letter that i am not responsible for her cost? do i have to notary the invitati...

    Todd’s Answer

    You do not need to mention that you will not be responsible for her costs. It is her burden to demonstrate sufficient funds and the intention to return home.

    There is no need to have the letter notarized.

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  • Is wrongful arrest a civil matter or criminal matter

    identity theft resulting in arrest and 3 nights in jail, "defendant" has court paperwork that clearly dismisses the charges against him and officers came to defendant's home and arrested him

    Todd’s Answer

    This could be pursued civilly by the "defendant". Depending upon the officer's motives, however, it might also be a criminal matter. It is up to the various government bodies, however, to choose whether or not to prosecute.

    If the officers actions were motivated by a racial, ethnic, or religious bias, then I would certainly contact the ACLU and the California Department of Fair Employment and Housing.

    Either way, I would recommend that they contact a private attorney who specializes in these types of cases.

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