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Todd Eric Gallinger

Todd Gallinger’s Answers

81 total


  • How to expedite I-131 from outside US? - Urgent

    I filed I-131 (for replacement of AP) at chicago lockbox with request to expedite. Its been 2 weeks now and haven't heard from them and check has not been cashed yet. How can I request to expedite again from outside US? (I am currently outside...

    Todd’s Answer

    • Selected as best answer

    There is no formal procedure to obtain an expedite. You can write a letter explaining to the immigration service why the expedite is needed, and they will determine if it qualifies. You may want to retain the services of an attorney to assist you.

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  • Can a married US immigrant (still legally married in the Philippines) marry again in the US?

    My friend's husband was petitioned by his parents 2001. He came back to the Philippines and got married. 8 years had passed, he has not filed anything to petition his wife. Can he file for a divorce if he was married in the Philippines? Are they l...

    Todd’s Answer

    No, to be married to two different people at the same time is bigamy and is illegal and lead to negative immigration consequences. He will have to obtain a legal divorce, either from the USA or the Philippines, before remarrying. He will have to include proof of divorce with his immigration files as well, so make sure he keeps a copy.

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  • What is the latest I can file for the I-130 and AOS?

    I entered the US on the VW and have 15 days till it expires. We are getting married on friday 11 days before VW expires. If we Send I-130 and I-485 before my 90 days will that be a sufficient amount of time? What could go wrong? Is there anything ...

    Todd’s Answer

    If you are marrying a US Citizen, the immigration service will ignore the time period on which you overstayed your vwp entry. Additionally, fast marriage and filing may show the immigration service that you entered on vwp under false pretenses, with the intent to get married and stay permanently. If they conclude that there was fraudulent dual intent, that could result in more problems down the road. I would consult an attorney to get the best advice before filing.

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  • If I applied for a Business Entity name and sent the app. to have the Business Incorporated, would I own the name in a

    Partnership that's 50%. I have a business partnership that might require a split and need to know how I would keep the Business name I origanally applied for through the State I reside, and I Incorporated?

    Todd’s Answer

    If the business was a 50/50 partnership between you and another person, you do not own the name outright even if you filed the corporate paperwork. The name, like the other business assets, would be owned jointly by you and the other "partner" (actually other shareholder since you formed a corporation). A split up can be quite messy, so you should consult with an attorney to make sure you end up in the best situation.

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  • Is advertising a rate (as a broker) on a direct mail piece legal if you don't cite the direct lender.

    I had received a direct mail piece of mail promising a low interest rate based on my pre-screened credit. When I called the broker who had sent the mail piece he obviously said that he could find me the best rate from a number of lenders he works ...

    Todd’s Answer

    Normally, an advertisement is not an offer to contract. Instead it is legally viewed as the request for the receiver to make an offer. That said, someone can not use false advertising and there must be a basis for the claims which are being made. If the broker did not have access to a lender at that specific rate, he might be committing false advertising.

    These are all very fact specific and an attorney would need to analyze the mail piece in detail to be able to give you a good answer.

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  • Demand letter from attorney not currently representing ex-tennent

    Tennent vacated my property, during final inspection, there were damages of bleach spots and red stains on carpets, wall & cabinet damage she claimed in writing was caused by her refrigerator, uncleaned carpeting she claims she has done as well as...

    Todd’s Answer

    If you don't think that she deserves the money back, then you should contest her story. If you have pictures of the damages, as well as invoices from your vendors and contractors, that will be good proof. Be aware, however, that if a tenant is able to show that a landlord improperly held their security deposit, they can be awarded damages of three times the amount withheld.

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  • I'm a green card holder for almost 3 years now, I'm planning to get married overseas. D

    Is there any thing I should do before leaving the country to get married? Do I have to fill out some paper works before and after I get married? what are the requirements for green card holder getting married outside the country?

    Todd’s Answer

    You don't need to inform anyone before you get married. After you are married, you are eligible to apply for a green card for your spouse. The process will take some extra time, but the current wait for an I-130 to become current is about six months, the processing time takes about an additional year, but can vary greatly case to case. Your spouse will not be able to come to the US during this time, unless she has a different visa. The process when a person lives abroad can be a bit complicated, as it involves the Immigration Service, National Visa Center, and foreign Embassy or Consulate. You may want to consult an attorney for assistance. Congratulations and good luck!

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  • My friend and I are planning to open our own baking business and we want to know what paperwork and or licenses we must have?

    We want to know what paperwork and licenses we need to start our business. Who do we pay our taxes to? and How old do you have to be to start a business?

    Todd’s Answer

    The licenses you must obtain will depend on what city you open your business in. Check on the city's website to see if a business license or any additional permit is required. If you want to file a corporation, you will do that with the secretary of state. If you don't do a corporation, you will need a Fictitious Business Name, which is filed with your county. Taxes get paid to the Franchise Tax Board and to the IRS. Be careful, it might be best to consult an attorney to make sure that everything is done right in the beginning, it is often cheaper than having to pay fines for late or incorrect filings.

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  • Has my privacy or another right been violated?

    A stranger took a picture of me in public without consent or my knowledge and posted it on a public website indicating that my actions and/or appearance was "weird" and "odd-looking." I feel offended that viewers (general public who visits th...

    Todd’s Answer

    Most likely not. If the picture was taken of you in a public place, it is not likely to be an invasion of privacy. If the picture is being used to sell a product, it could be a violation of you right of appearance, but it does not sound like that is the case. Consult an attorney if you are interested in taking action, though your choices may be limited.

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  • Is an arbitration agreement signed while on medication that impairs your mental awareness null and void?.

    I was diagnosed by one doctor who recommended surgery. He prescribed a medicine to treat anxiety before surgery. Then he referred me to another doctor to do the surgery. While on this medication that I had never taken before in my life I signed a...

    Todd’s Answer

    It is a difficult question which depends on your level of impairment. This is strictly a factual issue, so you would likely need to find an expert who could testify as to your mental state. It is impossible to advise one way or another without a detailed examination, which you should contact an attorney to do.

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