|
July 23, 2004
BB
Your brother's wife will be notified by the Department of State when a visa number becomes available. She should also check monthly the Department of State's visa bulletin which is accessible online here or through telephone at 202-663-1541. Currently they are processing petitions for LPR spouses that have a priority date of April 15, 2000. Once the visa number becomes current, your brother's wife must then go to the local U.S. consulate, in Iran's case, that would be either Abu Dhabi, Ankara, or Naples to complete visa processing. On the other hand, if your brother was married to his wife BEFORE he became a permanent resident, his wife may be eligible to receive following-to-join benefits. This means that she would not have to wait any extra time for an immigrant visa to become available. One note of caution: If your brother acquired his own lawful permanent resident status through a prior marriage to a USC or LPR, the law bars him from having his petition for a new alien spouse approved until five years have elapsed from the date of his immigrant admission. The exception to this rule is if he could demonstrate that his previous marriage was bona fide, meaning that it was entered into in good faith and not for immigration purposes. Should you have any additional questions, please do not hesitate to contact our offices. The first consultation is free.
G.F.
Should a slip and fall case actually get into the filing of a legal action, the claim would be for negligence. This means that as the grocery store, you had a duty to keep the premises safe and you breached that duty which eventually caused the Plaintiff's damages. The key to the plaintiff's case would be to show that you knew or should have known about the dangerous condition on the property. For example, if there are 6 separate documented complaints about the dangerous condition on the same part of a particular property, the seventh person could simply say: "look, you knew about the last 6 incidents and did not attempt to fix the dangerous condition." Do not ever give into being bullied to pay money, which you do not owe. If the claimant has in fact suffered injuries, have them prove it. For example, medical records if they had to be hospitalized, use of their insurance cards upon admission to the hospital, etc. Make sure that you take detailed incident reports. Also, if they are willing to do so, your insurance company can have them make a Statement Under Oath which would set forth the entire basis of their claim and would be done so under the penalty of perjury. Also, given the line of business that you are in, unfortunately, you serve as a target for those out to make a quick buck. Your recourse if anyone were to bring an unfounded cause of action against you would be to get the case dismissed (of course with the help of an attorney). Once the case is dismissed, you could then sue the claimant for malicious prosecution, meaning that the initial action was without merit and should not have been initiated in the first place.
Main areas of practice are civil litigation (including personal injury) and immigration law. DISCLAIMER The materials on this web site are provided for informational purposes only. The use of information contained on this web site does not constitute the offering of legal advice and accordingly, neither this web site nor use of information from the web site creates an attorney-client relationship. The law is constantly changing and the information contained herein may not necessarily be complete or correct on the date of access and accuracy depends on the date of the generated information and its application to your particular legal problem: Each legal problem requires that it be addressed on its own set of facts and different jurisdictions observe different laws and regulations. You should not act or rely on any information on this web site without seeking the advice of a competent, licensed immigration attorney. This Law Office makes no representation nor warranty that materials on this web site are appropriate or available for use in jurisdictions other than the United States of America and accessing them from jurisdictions where their content is illegal is strictly prohibited. This Law Firm assumes no liability for the use or interpretation of information contained herein. The information provided on this web site is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. This web site contains links to other resources on the Internet. Those links are provided solely as aids to assist you in locating other Internet resources that may be of interest to you, and as such, the inclusion of these links are not intended to state nor imply that this Law Firm sponsors or is in any way affiliated or associated with such linked sites. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
|
MORE Other advice columns Qanoon Horoscope Abjeez Kobra Khanom Book of the day
Lost
Treasures of Persia
|
Spouse
in Iran
Your
brother, as a Lawful Permanent Resident ("LPR") of the United
States, does not have to wait to file a petition for his wife. However
once the petition is approved, his wife will have to wait until a visa
number becomes current. 
Ali Taheripour, Esq.: 