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Maryam Soleimani Karson

Maryam Karson’s Answers

74 total

  • Green card holder coming back to US, after many years, do we need lawyer when she arrives in the airport?

    My niece is planning to come to US , she got her green card in 1988 when she was a baby and have not been back since 1999. She will be arriving in MN next week. What do we need to know? I do know that we need a lawyer after she gets in however nee...

    Maryam’s Answer

    Generally, a lawful permanent resident is considered to have abandoned his or her status if she or he remains outside the United States for over one year - whether or not the green card has an expiration date.

    In all likelihood she will either be required to sign a statement saying that she has abandoned her permanent residency status, which she must not under any circumstances do, or, more likely, ask her questions related to her long absence and make a record of it (to be used later in court), and then give her a date to appear at court for a hearing to determine whether or not she has abandoned her status. Since she obtained her green card when she was a baby, to determine this issue the court will probably look at her parents' actions. If it is determined that her parents abandoned their lawful permanent residence status or intended your niece to abandon hers, while your niece was under 18 years of age, then your niece will probably be ordered to be removed from the United States. If, however, the court determines there was no intent to abandon the lawful permanent residence status while your niece was under the age of 18, the court will look upon your niece's actions from the age of 18 onward to determine this issue. It is in your niece's best interest to consult with an immigration attorney BEFORE she enters the United States.

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  • Landlord wants to break my lease, based on discrimination of my mentally disabled son.

    Reasons I'm given are that he walks/runs across the apartment walkways, that he "looks " at other tentants strangely. Also told that ALL of the tenants are afraid. I don't believe this, as we just moved 3 weeks ago, and have not even seen ALL of ...

    Maryam’s Answer

    Contact the department of Fair Employment and Housing and file a complaint for disability discrimination. Go to this page:
    Here is what they say on the above page about housing discrimination:


    If you believe you have been unlawfully discriminated against in the sale, rental, or financing of housing, you should contact the Department’s Communication Center at 1-800-884-1684. If a representative determines the matter falls within the Department’s jurisdiction, you will be sent a “Pre-Complaint Questionnaire” which must be filled out and returned to the Housing Unit. An interview will be made for you once the questionnaire is returned. All housing interviews are conducted by telephone. The Consultant will determine if the information presented has the elements such that if proven, would constitute a violation of the Fair Employment and Housing Act (FEHA), the law enforced by DFEH.

    If a complaint is taken, it will be written up and signed by you. The complaint will be sent to the owner, property manager, or other responsible party along with a request for information that will assist your Consultant in determining the merits of the case, thus beginning the investigative process.
    Review Housing Complaint Process and Flowchart

    Good luckj.

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  • Is it legal for a nurse to shout at you in the middle of a full lobby about what medications your taking and call you a addict?

    i went in to my former doctors office for a correction on my medication dosage because his nurse had told me to double up on my meds if they were'nt helping so i did but the pharmacy requires a doctor to change the way you take you meds especially...

    Maryam’s Answer

    I can imagine how concerned you must feel about this incident, living in a small town where presumably everyone knows everyone else.

    Contact an employment attorney in your area with expertise in HIPPA and other privacy claims to see if your rights were violated by the hospital and whether you can hold it accountable.

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  • If you quit from job as employer made your life living hell so u are forced to resign

    Can company legally do anything to the employee who resigned

    Maryam’s Answer

    I agree with my colleague. Generally employees are hired "at-will", meaning that they can quit at any time for any or no reason, and they can be fired at any time with or without cause, except for an unlawful reason. Whether you can bring an action against your employer depends on whether your employer's actions constituted unlawful harassment or discrimination. Detailed facts in this regard are required to determine this issue. Remember that in general, being rude or merely a jerk is not considered unlawful conduct.

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  • A law firm sexually harassed me and wrongfully terminated me.

    Is it blackmail to send them a letter demanding that they pay me a certain amount or else I'll report them to the state bar and the board of equal employment? Is the answer to the question different if the statute of limitations has passed for a...

    Maryam’s Answer

    What you propose may expose you to a suit in civil extortion.

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  • Need info regarding state of CA wage and hour laws for automotive techs on the flat rate pay system, not at a dealership.

    I supplied my own tools for an auto repair position (employer did not supply tools at all) and I worked approx. 40 hours a week on average but was only paid for my flag time earned doing jobs, which sometimes was 18 hours in a week. I am trying to...

    Maryam’s Answer

    A complete and accurate response to your question would require an attorney to conduct research or to have on point, current knowledge on your specific industry. I suggest you contact an attorney for this purpose, so that you become more informed of your rights.

    What I can very generally say, however, is that "controlled" standby time like yours - i.e., where an employee must remain on call on the employer's premises at the behest of the employer in case work arises - is considered hours worked and must be compensated for. However, I know of at least one case related to a different industry that indicates employers may pay a different rate for controlled standby time when the employee doesn't perform the duties he normally performs.

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  • How strong can a sex harrasment case be against an attorney/owner of an employment law firm? Should I persue a workmans comp cas

    The attorney is currently about to lose his license to practice law, actually he is suspended at this time. He has near no funds or assets. He sextually harrased twice a week before I had a nervous breakdown due to the consistent harrasment from o...

    Maryam’s Answer

    You have posted this question twice. Please see my response to your other post.

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  • How do I win an appeal if I was let go for falsifying information?

    I was also on probation at this time.

    Maryam’s Answer

    In general, on appeal, appellate courts bend over backwards to affirm trial court rulings. However, if you can show that the trial court made a legal error, as opposed to a factual one, you have better prospects.

    Generally, any issue you raise on appeal is required to have been raised at the trial level. Otherwise, in all likelihood, the issue will not be entertained.

    Appealing a decision is very costly. The appellate attorney must first review the record and determine if there is a viable ground upon which you can appeal. If there is no viable ground to appeal, you should refrain from doing so.

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  • If i want to file a lawsuit with my prior employer for wrongful termination is it wise to inform my current employer?

    If I want to file a lawsuit against my former employer for wrongful termination is it wise to inform my current employer that I am pursuing a legal matter with my former employer?

    Maryam’s Answer

    I agree with my colleague. Is there a reason you would want to inform your current employer?

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