DIVORCE

Answer:

You should call ACS - an organization that protects children from abuse in the US. There are also places like Sanctuary for Families and Domestic Violence hotline.

Natalia Gourari

Answer:

You need to bring the children to the United States first. If the Children are here and your husband causes harm to the Children, the American Court may help you. The Court will help you if you establish residence in the United States.

Natalia Gourari

Answer:

Unfortunatly you dont have many options, you can come here as a visitor and then apply for asylum if you are fleeing your country on political racial ethnic or religious grounds, you may like to apply for a working visa but without higher education you may not qualify and you may get a position with a company that does business with the US and then get an L-visa an intra company transferee visa- other then that it is very difficult to determine your eligibility for any visa. Please as a way of background tell me more about yourself - what kind of diploma do you posses? where are you from? what race religion ethnicity nationality you are and have you ever been persecuted based on any of it are you a political organizer?have you ever been outside the Russia and if yes where and for how long? also same about your wife.

Stella Mednik

Answer:

Your son can prevent her from going to russia until their divorce is final. They can also enter into an agreement regarding the terms of her departure.

Natalia Gourari

Answer:

Yes, she can make divorce in Ukraine.
This divorce will be accepted in the United States.

Karina Krasnova

Answer:

Yes, if the mother is the primary custodian for the child for the purposes of child support. The law requires one person to be payee and the other - payor. However, the amount of child support payments may be modified if the court finds that your payments are excessive under the circumstances.

Natalia Gourari

Answer:

Prenups are a responsibility - sometimes more so than work. We need to prepare schedule of assets, in addition to a prenup and make sure they are enforceable and comprehensible. Even assuming there is not much drafting, people frequently seek to set aside prenups upon divorce and attorneys have to testify and keep records that clients were properly advised.

Further, having specialized matrimonial attorney is beneficial to both parties. If you would like, I could draft the agreement myself for the same price and, perhaps, your own attorney will charge you less to review and advise.

Natalia Gourari

Answer:

You have a long and very tough battle ahead of you, there is a possibility that he might not return, however there are hardship waivers available to him, he can also try to go back to the criminal court and try to change his conviction if that is possible. this sounds like a highly fact specific case and you need to consult an experienced criminal and immigration attorneys. Good Luck

Stella Mednik

Answer:

Yes. There is no current prohibition against an illegal alien making a claim for personal injures resulting from an accident in New York. Even if you are undocumented, you can file a lawsuit for personal injuries in New York. In a 2005 decision out of Nassau County Supreme Court Judge Ira B. Warshawsky allowed not only for illegal aliens to receive compensation for medical benefits and lost wages as well as pain and suffering, but for proven future lost earnings as well. Echeverria v. Estate of Lindner 7 Misc.3d 1019(A), 801 N.Y.S.2d 233 N.Y.Sup.,2005. Therefore, undocumented aliens need not fear bringing a law suit to recover money damages for personal injuries.
You should not fear threats of deportation. It is not legal to threaten prosecution of a criminal matter to gain an advantage in a civil matter. Additionally, the fact that you are undocumented is irrelevant to your claim.

Stella Mednik

Answer:

The short answer is - You can go ahead file for his adjustment of status. If you have any issues make sure you talk to a good immigration lawyer.
If your boyfriend entered legally, then he may be able to adjust status here in the US. You say that your boyfriend has been working since he's been here. Depending on the length of time he's overstayed and whether or not he's filed his taxes, you may have to address a couple of issues when petitioning his green card.

Stella Mednik

Answer:

If the USCIS does not believe you, then it may be due to the limited amount of evidence that you provided or based upon how you interacted at the USCIS Appointment. If the USCIS suspects fraud, then you can expect extreme delays. There may be an eventual investigation, as well as an additional interview.

Stella Mednik

Answer:

If you were convicted of 1st degree Reckless Endangerment, a class A felony, in 200, then it is too soon for you to think about citizenship: you should wait at least 5 years from the date of completing any period of probation served fro that charge before you apply for naturalization, as that is the required minimum period during which you must have demonstrated "good moral character" in order to be eligible for US citizenship. Keep your original records of the criminal charges, including any change or reduction in the offenses charged, which charges were dismissed and which ones resulted in conviction. I very strongly recommend that you meet with an immigration attorney to reivew those documents before you apply for citizenship.

Stella Mednik

Answer:

Whether your father-in-law can immigrate depend upon a number of factors, which include the facts, family commitment, the law, and consular discretion. What could be and will be are two different universes. There are a number of decisions and factors that can impact whether he can overcome laws that can allow or bar his immigration visa. There are also a few civil actions and convictions that permanently bar immigration without relief. An attorney will need to take time to ask enough appropriate questions. No attorney should make guarantees or predict an outcome in this situation.

The paying of the criminal fine is not the issue. The relevant facts include, but are not limited to, the maximum possible sentence for the crime and the actual terms used in the law that defines the criminal law. Generally, crimes that involve 'deceit' 'may' create challenges and even result in detention and removal. This crime 'suggests' deceit. The criminal judge's statements are unclear for immigration purposes. Consequently, these are matters appropriately resolved after meeting and discussing the matter with an experienced immigration firm like our office.

The terms of the criminal law as it was written when the offense was committed need to be interpreted by an experienced immigration attorney. There are many administrative and judicial decisions. Also, all of the pitfalls of filing for an immigration visa should be discussed; particularly INA Section 221(g). When there is USCIS concern, delays occur. At times, no news may be frustrating, but it may reflect concern.

Stella Mednik

Answer:

You should contact your local municipal or district court. They are the ones that normally do name changes. They can provide you the paperwork and the process. You would probably need to go to court with the child and fill out the paperwork and they would schedule the hearing. It could be the same day. Court will want to know why you are changing the name, if it is being done for fraudulent purposes, and if anybody would object to it.

Stella Mednik

Answer:

You will have problems adjusting status if you get married to the USC. The law states that K visa entrants may only enter to the US solely to conclude a valid marriage with the petitioner. The law gives it 90 days in which to do that. If the marriage is not entered in to the K-visa recipient and the K-2 beneficiaries must leave the country as they may never adjust under any other ways. In your situation I would leave the country and have the USSC fiancee petition for you for a K visa, or marry you here in the US and the leave the country and petition for a K-3 visa.
Good Luck

Stella Mednik

Answer:

It depends upon the State where she lived with her boyfriend, where she got married. In New York, for example, for a girfriend to receive anything upon separation from a boyfriend, there has to be an express promise by him to her about a certain asset.

Natalia Gourari

Answer:

The recent international adoption scandal regarding a Russian boy, Artem Saveliev, and his American adoptive mother, Torry Hansen has understandably received much press coverage. What Torry Hansen did – sending the child back to Russia as means to annul her adoption - wins her no sympathies. However, she is not solely responsible for Artem's misfortune. Adoptive parents are often blissfully unprepared for the difficulties of raising a child with a history of neglect and abuse.

However, the reaction of the Russian authorities to the situation has been blown out of proportion. Most likely, Ms. Hansen is but one unbalanced woman who should not have been approved to adopt a school-aged boy in the first place. Ms. Hansen, as a single mother and a believer in home schooling system, in my opinion, was not a candidate for adopting a Russian child with undiagnosed physical, emotional, mental and/or developmental problems.

The questions remain: whether Torry Hansen have access to appropriate parenting and therapeutic resources to help the child and whether she received proper support from the agency that placed Artem with her. Why did she choose to send Artem to Russia rather than seek respite care and, if that was not successful, an appropriate foster home for Artem in the United States? Stories of other disrupted Russian adoptions have been public for over a decade.

Notably, before sending the child to Russia, Torry Hansen consulted a Russian attorney, Karina Krasnova, who had advised her about the legal procedures in place to annul the adoption. But ignoring the advice, Torry Hansen chose her own way. Torry Hansen selected what she believed was the cheapest and quickest way to get rid of the child. She sent him back to Russia alone with a note to the Russian authorities, as if the note could justify her actions.


To adopt a child is a leap of faith. Legal adoption of abandoned Russian children is a relatively recent phenomena. In Russia, adoptions used to be secretive, with parents abandoning children to avoid a social stigma. Now, with Angeline Jolie, Madonna and other celebrities flaunting their adoptions, it has become a humanitarian act. Torry Hansen was no celebrity.

This latest disrupted adoption has called into question the practices of Americans adopting Russian children, as well as the need to improve oversight of the agencies that facilitate overseas adoptions. The problem is that once such adoptions are finalized, there are often limited resources to enable adoptive parents and children to adjust to new homes and lives. Russian journalists are reporting with blame that the Americans stand to lose their children because there have been too many unfortunate outcomes involving adoptions of the Russian children in the United States. They forget, however, that over 60,000 Russian adoptions by American parents have been successful. Those children were saved. Numerous Russian children who were institutionalized in orphanages could likely become drug addicts, criminals or commit suicide. If there is a moratorium against adoptions out of Russia, those institutionalized children will otherwise likely lose every chance to have a normal childhood.

I have since interviewed a number of parents who have adopted children from Russia, China, and even domestically. Those parents recognized the need for and sought support from adoption professionals and community which made their adoptions successful. Such guidance, however, is limited. Thus, most families have to identify their own post adoption resources, including therapeutic parenting help. Through programs, such as the Spence Chapin Post Adoption Center, the JCCA and the Adoptive Parents Committee, adoptive families can obtain the tools for success in raising these vulnerable children. Attorneys who specialize in adoption and family matters must familiarize themselves with such resources and be prepared to advise their clients to seek guidance when an adoption challenge is presented.

If Artem's family had availed themselves of even some of the above resources, perhaps, the boy would have managed to overcome his past. The adoption process is far more complicated then the detailed pre-adoptive paperwork and clearance. More emphasis needs to be placed on the post adoption transition of children, on establishing attachment, and for adoptive parents to learn how to parent children for whom trust is not automatically provided once custody is finalized.

Natalia Gourari

Answer:

Florida recognizes all lawful marriages no matter what country the marriage took place, but I don't know about Russia. First off, there is a rebuttable presumption under Florida law that a child born to Wife during the marriage is fathered by the Husband. The parties can either enter into an Agreed order otherwise or request paternity testing. Anytime a paternity action is filed or a divorce action in which there are minor children, Florida laws mandate child support be paid by the party who has the least time sharing, formerly known as the non-primary residential parent. This is calculated as per statutes.
In a divorce action with minor children, the parties will either agree to a Parenting Plan or the Judge will order one. Your questions about custody all boil down to the Parenting Plan.The Florida statutes define a Parenting Plan as "a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child's education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration."

As for him asking her for money to leave the country, that sounds like blackmail, which is criminal in nature. If the parents can't decide and agree to child issues, then they have to fight for what they want in court and prove what is IN THE BEST INTEREST OF THE CHILD. Is moving to Russia in the child's best interest? [Rhetorical Question] I do not know Russian laws so I can not answer any specific question about what would happen there. My guess is if Alimony is ordered in one country and the wife tries to get more in another country, the Husband would prove what he is already paying and the amount would be offset. I do not know if the Wife would be entitled to receive either of the types of Alimony in this case because that depends on many factors including length of marriage and wife's work capabilites along with her need and husband's ability to pay, etc.
No one can promise what will happen in Court, you just fight for your client's rights and try to prove to the court what is in the best interests of the child. Please note terminating parental rights here is not an easy task unless the father is beyond a complete deadbeat.
I strongly recommend that both Wife and Husband hire an attorney for the divorce proceeding.

Answer:

Pursuant to the Russian law, any disputes as regards real estate located within Russia fall under exclusive jurisdiction of the Russian court.

Therefore the judgement of US court as regards the separation of Russian real estate will be illegible within Russia. But the divorce decree made in USA will be recognized in the Russian Federation.

Even now before adjudgement on the merits in USA you are entitled to apply to the Russian court claiming division of jointly acquired property. Simultaneously with the filing of suit you may apply for requesting the required information, and for imposing of arrest on property (prohibition of property alienation) before the trial on the merits.

It is not a problem, if you do not know the addresses of all real properties in Saint Petersburg: based on your petition the court may make the necessary inquiries and obtain information about the composition of available properties.

You should know that, if the spouses resided separately, even though the property was acquired during the marriage, is may be recognized as the property of the spouse who had acquired the property.

You should also know that the property acquired for account of the funds received before the marriage, may be also recognized as the property of the spouse whose funds were used for its acquisition.

The above specified circumstances need evidence. According to general rule the property acquired during the marriage is divided into 1/2 for each spouse. If you want to change the ratio you have to prove numerous facts and circumstances.

Answers to your questions:

1. Judgement of the US court as regards the marriage dissolution will be recognized in Russia. Judgement of the US court as regards other facts may be recognized in Russia in the result of court judgement on recognition and enforcement of a foreign court judgement. As for the division of real estate, I think, that it makes sense from the very beginning to bring this issue before the Russian court, but the USA one.

2. In Russia you may apply to the court with the claims, which are not considered by the US court. It is not allowed to apply with the similar claims to different courts.

3. Your presence during the case consideration is not required. The court may oblige a plaintiff or a defendant to appear before the court in exceptional circumstances. According to general rule the presence of attorney-at-law authorized by you power of attorney will be sufficient.

4. First of all you have to execute a power of attorney certified by the Russian consulate or notarized + apostille. A copy of your passport is also required, a copy of your marriage certificate or divorce certificate with apostille and translation into Russian. The name and address of your wife is required. Other documents may be also required depending on the circumstances you are intending to prove. In my turn, I will prepare the petition to the court requesting to find out the real properties registered in the name of your wife and to impose arrest on the property. Copies of documents at your disposal and information about the disputed property are required.

5. For this purpose you should apply to the court and impose arrest on the property.

6. You need not make your wife provide you with the information about the property. The court will obtain the required information according to your petition.

7. The sooner you begin the case, the more are the chances to retain the property and prevent its selling by your wife or re-registration in the names of other persons.

8. The consideration of such cases takes a long time: six months and more.

9. Upon filing a suit you should pay a state duty which is calculated on the basis of the suit price.

As for attorney’s fee. This matter is rather expensive. So could you, please, specify the amount you would like to fit within? – I will try to take you requests into account, whenever possible. The fee may based on hourly rate or we may discuss a certain percentage of the property value.

In any case, now you should define the composition of your property, and impose arrest as soon as possible to prevent your wife’s disposal of the property before the court judgement.

I will be glad to help you.

Karina Krasnova

Answer:

I have considerable experience in Family law matters and immigration issues and this is the short answer to your question for further information feel free to contact me at the number below.

Modifications to child support will not happen automatically. One of the parents must request the change by a formal motion to the court. The court that makes the original child support award has the authority to modify the order if conditions change. This is called a "change of circumstances" petittion.

Child support orders cannot be changed on a whim or because a court thinks that "it is time." It must be based on evidence proving that there is good reason to make the change. This usually requires that a person who wants to make the change show a changed circumstance. You must show that the facts that existed when the last order was entered have changed. (In the many years a child support order is in place, the parent's circumstances may change many times.) For example, in Texas, if one parent's income has changed (either gone up or down) by at least 25%, this is considered a big enough change to require a change in the support order. You can request a modification for a lesser change in income, but will not necessarily be guaranteed a change in the support order.

Many different scenarios can create changed circumstances. For example, if the paying parent has had a large increase in income, the court can order the child support increased. Or, if the child's needs grow, such as if the child becomes ill or disabled, the amount of support can be ordered raised. Sometimes the mere passage of time creates the changed circumstances. For example, as a child grows older, it becomes more expensive to buy clothes, food and other necessities. These increased expenses can be enough to justify a raise in the support order.

Also even though your husband had agreed to sponsor you fully, the fact that you have two children with him (soon will have) also changes his circumstances and ability to pay child support. You do NOT need an attorney to file such a petition and a law or a court clerk may help you fill it out once you go to family court.
LOTS OF LUCK
and please call if you need further assistance
I do speak fluent Russian