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What are my rights as a business license holder.

San Diego, CA |

i have been married to a US citizen for 1.5 yrs and have a 6 months old baby recently we got into an argument and he and his family trough me out of their house with my baby so i moved to live with my brother. later he sent me a summon to take my son from me and get me out of the US coz i have a conditional greencard and he calls is null marriage, i have a small business and the business license and everything is under my name but he is using it now, i put all my money in it but he says that i cant get anything from him. please advice.

Attorney Answers 3

Posted

Hello,
You need to IMMEDIATELY ! Hire BOTH a divorce lawyer, as well as an immigration lawyer.

YOU have all the rights here based on the facts. Relax and rest assured:
1. He CANNOT take away your baby! That's absolute b......t (I want to remain polite here.. But this is revolting.) judges deem that it is always in the "best interests of a child" to remain with his mother.

2. He CANNOT call your marriage "null" and make you "lose" your green card status. Once the divorce is complete, you will use quite a few of the numerous exceptions to Form I-751's "joint filing" requirement to remove the temporary condition on your green card, and may also have a claim under the Violence Against Women Act. Consult with a competent immigration layer in your area at once, please. You'll feel much better once you do. But right now your priority should be a divorce lawyer.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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6 comments

Edna Carroll Straus

Edna Carroll Straus

Posted

" judges deem that it is always in the "best interests of a child" to remain with his mother"??? This is NOT accurate.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I'll correct that to "almost" always, unless the father can produce a clinical psychologist's report that the mother is in fact "unfit" = a practical impossibility.

Edna Carroll Straus

Edna Carroll Straus

Posted

There are THREE issues which the public conflates: "physical custody" ' "legal custody" and visitation/time share. And women DO lose "custody." Not at ALL infrequently.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Very well. The client will see that with her family law attorney.

Edna Carroll Straus

Edna Carroll Straus

Posted

Again-- not so. S/he will say what the client wants to hear. (Most will. Alas.)

Edna Carroll Straus

Edna Carroll Straus

Posted

I do agree she needs an immigration attorney. Different ball game.

Posted

Some of your question requires the advice of. Business attorney. The family code makes the business community property and you own one half the business. Who controls the business is something you can file an RFO and have the family court decide. If you can prove you started and controlled the business prior to separation, there is a good chance the court will award you temporary control of the business pending the final judgment of the divorce.

All information and answers provided are for reference purposes only and are not guaranteed to be correct, complete, or up to date. Further, this information is NOT to be considered legal advice regarding your particular situation, and an Attorney-Client relationship is not created by viewing this information. Changes in the law or the specifics of your case may result in legal interpretations that are different from those presented. You should always seek advice directly from an attorney.

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Posted

First stop on Monday morning for you should be a local family law attorney familar with immigration issues. If you delay retaining counsel, you may irrreprably harm your case.

This is not legal advice but a general comment on society. International Law 24/7 hotline +1-202-318-2406 - Dr. Jonathan Levy, PhD calls or emails usually returned within 24 hours.

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