Questions answered by Lance Malcolm

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Need a non-consent divorce..husband homeless in another state is this a problem. Married 15 but separated 14

Lance's answer | Answered on July 14, 2015

You don't need a "non consent" divorce in your case. You can get a 3301(d) divorce "for cause" - where you have been living apart for more than 1...

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How and what kind of motion must I file to vacate a default paternity order??

Lance's answer | Answered on July 13, 2015

Unfortunately, under Pennsylvania law, a paternity order is not, in itself, appealable. Your only opportunity to challenge paternity is to appeal...

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I am currently on an OPT visa that expires this September. I am trying to see which visa I qualify for next.

Lance's answer | Answered on July 13, 2015

You may want to consider an H-1B Visa application. Granted, there is a lot involved there but on the face of things you qualify - you have, quite...

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Does my child have to go to a family function on the non custodial parents side if it is not his schedule day?

Lance's answer | Answered on July 13, 2015

I don't practice in NY, but I suspect that the law is essentially the same in this regard - The other party may not "force" your daughter to...

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I signed a parenting plan that we have been abiding by for the last few months. It was not filed with the court. Does it count?

Lance's answer | Answered on July 10, 2015

Yes and no. It is not an agreement through the authority of the court, so technically it is not binding. However, you could use the Agreement as...

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Child support and changes in circumstances

Lance's answer | Answered on July 10, 2015

In short, it probably depends on a few factors not mentioned. Generally, incarceration, in itself, would not end child support. This presumes,...

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This if a Family Law issue 3 years no contact or support at all. Is that abandonment & cause to terminate parental rights?

Lance's answer | Answered on July 10, 2015

I doubt the father would be seen to have "parental rights" to begin with. Not being on the "birth certificate" would put the onus on the father to...

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I was Arrested almost 3 years ago by driving with an expired driver's license and was put on immigration hold.

Lance's answer | Answered on July 10, 2015

You are no longer removable. If ICE is non-responsive to your requests to end supervision and if you have a NTA with a hearing date, bring proof...

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Filing N-400 based on marriage to US citizen_ when can I start to file?

Lance's answer | Answered on July 09, 2015

Denial of 2012 aside, you should be eligible some time this year. The criteria is 1) permanent residence status for at least 3 years uninterrupted...

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Do i need to pay the biometric fee if all i need is a replacement card?

Lance's answer | Answered on July 09, 2015

Yes. According to USCIS, you would have to pay the replacement AND biometric fee. It should be a total of $450 though, not $765. To be certain,...

Lance Malcolm's Answers (134)

Need a non-consent divorce..husband homeless in another state is this a problem. Married 15 but separated 14

How and what kind of motion must I file to vacate a default paternity order??

I am currently on an OPT visa that expires this September. I am trying to see which visa I qualify for next.

Does my child have to go to a family function on the non custodial parents side if it is not his schedule day?

I signed a parenting plan that we have been abiding by for the last few months. It was not filed with the court. Does it count?

Child support and changes in circumstances

This if a Family Law issue 3 years no contact or support at all. Is that abandonment & cause to terminate parental rights?

I was Arrested almost 3 years ago by driving with an expired driver's license and was put on immigration hold.

Filing N-400 based on marriage to US citizen_ when can I start to file?

Do i need to pay the biometric fee if all i need is a replacement card?