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Todd Eric Gallinger

Todd Gallinger’s Answers

81 total


  • Can I still pursue money damages in my unlawful detainer if the tenant haS MOVED out?

    I filed an unlawful detainer against my tenant and served him at my rental property. He has since moved out but still owes for 6 months rent. Can I still pursue the money under my unlawful detainer?

    Todd’s Answer

    Yes, you can pursue monetary damages up to the date of the hearing in the matter. But if the lease ran longer and he owes more rent, then you will need to file a separate civil suit to get a judgment for that amount. It might be wise to wait until the unit has been rented again or the lease expires, so that you can get a judgment for the whole amount he'll owe you.

    I would recommend consulting an attorney, since it sounds like a significant amount of money and advice might change based upon some of the details.

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  • What are the consequences/penalties if i sponsor a person that later takes federal/state aid in the 5 year period. she or spouse

    I have been asked to sign a petition for legalization sponsorship for my sister. What are the consequences for me if within the 5 year period she or her husband gets federal/state/county aid without me knowing it. At the moment her husband gets un...

    Todd’s Answer

    You definately should not listen to the advice of the notary. If you have questions about immigration, contact a qualified attorney only. A lot of people get in trouble listening to unlicensed immigration consultants.

    The husband, who I assume is the sponsor, can continue to take unemployment and that will not affect you. If your sister, however, directly receives aid in the next five years, the government could come after you for reimbursement. That said, she is not eligible for many types of aid, since she won't be a citizen. Also, it is extremely rare, almost unheard of, for the government to go after someone for reimbursement for aid. If they chose to, however, you could potentially be legally liable.

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  • Can remove my former domestic partner from a property title?

    I lived with a woman for about 15 years, we were never married, we did not have an children. i bought house in 1993 and my realtor added her name to the title. Since i have made all the payments and paid the property taxes. Nothing was ever paid...

    Todd’s Answer

    Why did she have her name put on title originally if she was not paying for anything? You really should try to locate her, but if you can't you might be able to bring a case for quiet title on the basis that there was a constructive trust. You will want to consult with an attorney, however, to give them all the details and receive legal advice particular to your situation.

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  • I recently filed papers to legalize my brother

    but the problem is that my sister filed apart and now asked me to sign the petition that in any case i can support her economically. Doesn't this affect my brothers petition process in the long way. The notary is also asking me for my taxes, somet...

    Todd’s Answer

    Your sister is asking you to execute an affidavit of support on her behalf. You have to show income at 125% the poverty level and it obliges you to ensure that she will not receive government aid for five years. It will not upset the petition you filed for your brother, but she will be treated as a member of your household if and when you have to file for your brother. Sibling petitions, however, take a very long time (over 10 years), so if you just filed for your brother then it probably won't affect anything at all.

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  • Change of status H1 B to H4 to H1 B

    I was on H1 B visa from Oct 2006 to April 2009. Then my employer filed COS for H4. Now I got opportunity & want to do COS to H1 B visa again with same employer. 1.Please let me know list of documents required to do COS from H4 to H1 with same e...

    Todd’s Answer

    The application will require all the regular documents, as if you were filing a new H-1B. Review form I-129 for details.
    The fee will depend on the size of your employer, check the instructions to I-129 for information. You will have to pay the Fraud Fee and the Training Fee.
    Yes you can premium process, it costs $1,000.

    Our firm does handle this type of work as well.

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  • I was discriminated by a shopkeeper because I'm "spic" - is that a civil rights violation?

    I went to a a shoe shine place across the street from the courthouse in Santa Ana. The guy that works there (apparently the owner) looked at me and asked me how I felt about the Arizona law. I looked at him, sort of puzzled, and said "there's tw...

    Todd’s Answer

    What happened is a violation of the Unruh Civil Rights Act. You can report this to the Department of Fair Employment and housing, who will open an investigation. Visit their website for more info and to make an appointment to file a complaint: http://www.dfeh.ca.gov

    It is not likely to be worth pursuing as a civil action, since the damages are likely to be low.

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  • F1 to H1 to F1 to H1

    Hello, I came to US on my F1. I finished in 2008 and got a job and applied for H1. I lost my job in Aug 2009 and had to go back to F1 to be in status. My F1 is valid for 2 years. However, I am working currently on my CPT and have an employer who ...

    Todd’s Answer

    Since you are exempt through the Master's degree, you will be a parter of the larger cap. because of the slow economy, it is very likely that there will still be a visa available for you when you apply, but you should do it soon.

    For your authorizes time on the F1, you need to look at the I-94. Normally it is marked DS, which means Duration of Study, and you can stay as long as you are enrolled in school full time.

    It is advised that you process the H1 while in the US, rather than abroad. You can appeal a mistake and you get more consistent results. Then you can travel abroad and get a visa stamp (probably best just to do it in India, rather than trying for Mexico or Canada).

    One thing to keep in mind is your previous time in H1B status will count against the 6 year cap.

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  • How can i find out if INS have a record of me?

    I entered illegaly to the us in 2002. I was sent to inpections and was finger printed and had my eyes scand. But he did not deported me he still let me in to the country illegaly. Now i'm married and my husband(married 2 yrs and we have a 3 yr old...

    Todd’s Answer

    If you entered without inspection (meaning you came across the border without being stopped or used a fake visa or passport), you will not be able to adjust status (file for a green card) through your spouse. You can file the I-130 petition here in the states, but you will have to go back to your home country for a hardship waiver and to apply through there. This is a difficult and potentially harmful situation, since you would be barred from entering the US for 10 years if it not successful.

    You have a precarious situation, and the details of your entry matter greatly, and are a bit unclear from your post. I would strongly recommend you contact a local immigration attorney.

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  • Sales Agency Agreement - how to word it in a way to protect both party

    we are about to retain a few sales agencies to rep our lines (in certain territories) but will have to exclude a few house accounts that they do not get commissions from. What's the best way to phrase it (legal jargons) in this type of contracts?

    Todd’s Answer

    There is no magic language that you would want to use, simply saying that "the representation is exclusive in the territory, exempting the following accounts" would likely by sufficient.

    An effective agreement like this should include non-disclosure and intellectual licensing provisions. It sounds like something that you should consult an attorney about.

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  • Can I use an EIN from an old business for a new new business?

    I had an advertising business as a side project that I stopped doing because the real estate market picked back up> My wife is thinking about starting a business on line and some of the distributors she wants to use need and EIN from her. Can she ...

    Todd’s Answer

    No, the WIN was assigned for the previous business to use. It is easy and very quick to apply for an EIN online. You can go to irs.gov and fill out the SS-4 form online. The whole process takes about 15 minutes.

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