Todd Eric Gallinger’s Answers

Todd Eric Gallinger

Business Attorney.

Contributor Level 13
  1. My cousin is illegal but he has lived here his whole life he is 21 and trying to become legal without being deported

    Answered about 4 years ago.

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

    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...

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

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    2. Rebekah Ryan Main
    2 lawyer answers

    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.

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

    Answered about 4 years ago.

    1. John Bradley Stuckey
    2. Todd Eric Gallinger
    2 lawyer answers

    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.

  4. Why would a judge relieve a lawyer as council from a case?

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    2. Michael S. Haber
    2 lawyer answers

    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.

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

    Answered about 4 years ago.

    1. Pamela Koslyn
    2. Todd Eric Gallinger
    2 lawyer answers

    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.

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

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    2. Mark Hankins
    2 lawyer answers

    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.

  7. I-693 What is a blanket waiver?

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer 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.

  8. 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.

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer 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...

  9. 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?

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer 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.

  10. Can my boss cut my pay due to unhappy clients ?

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer 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...