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    Thursday, December 23, 2021

    Legal Advice Landlord and wife passed.. murder/suicide

    Legal Advice Landlord and wife passed.. murder/suicide


    Landlord and wife passed.. murder/suicide

    Posted: 22 Dec 2021 12:09 PM PST

    Recently found out that my landlord shot and killed his wife and then turned the gun on himself. We rent a house, and have only been living here for a few months. They had no will, and no children. We have no idea what is going to happen to the property.

    Where should we even go from here?? Where do we even start?

    Edited to add: we live in Georgia.

    submitted by /u/ZombieJes
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    Scammed out of $130k

    Posted: 22 Dec 2021 02:05 PM PST

    I just discovered I was the victim of a somewhat elaborate scam with a construction company to the tune of $130k.

    A few weeks ago, I received a (real) invoice from the company. A few minutes later, a follow up email was sent from the same (identical, but forged) sender address that directed me to send a wire transfer to a bank in a different state. The follow up email also had cc addresses that were 1 character off of the real company's. The construction company has a record of the first email in their "sent items", but not the second. At the same time, the construction company was "receiving" fake emails from "me", stalling them for time before they reached out again to me via alternative means. The construction company also has told me after the fact that they do not use wire transfers for payments.

    Based on all this, it seems extremely likely that their email systems have been compromised. Assuming the banks are not able to resolve this, and the construction company does not own up to this, how can I protect myself legally? $130k is a huge sum of money for me.

    submitted by /u/throwaway-gzr7Xye3
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    Student Loan servicer cannot produce proof that they actually own my loan. What should I do.

    Posted: 22 Dec 2021 12:16 AM PST

    I've had a couple of student loans for a while now, and I've been steadily paying them down but over the past 7 or so years the loan has changed hands about 5 times to and from different providers.

    So I got inquisitive about why my debt was being bought and sold so much and who actually owned it. I asked my current provider if they had or could produce the promisary note for my loan and they couldn't but told me there was a contractual agreement between the last company and the current company in the transfer of debt. So I went back to the previous loan servicer company asking if they could produce proof they owned my loan and they couldn't either. And now I'm being told I should go all the way back to Sallie Mae the original issuer and find it for them. Now I made a simple inquiry to Sallie Mae which told me they transferred my debt to a company which as of now no longer exists.

    So I'm feeling 2 kinda of ways 1: My debt is lost to the ether 2: Have I just been giving money to these people because they were telling me I owed them money the whole time???

    Is there any way to go about like, ejecting this loan if they can't prove they own it without ruining my credit.

    submitted by /u/D1STR4CT10N
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    My ex claims he still has rights to my kids following adoption

    Posted: 22 Dec 2021 11:18 AM PST

    So my husband has adopted my two oldest kids, everything is said and done, I'm currently waiting on their new birth certificates in the mail so I can get their last names changed on their socials, but I have the official adoption documentation with their new last names and everything. Upon completing the adoption process my husband asked my ex (kids bio father) for some space while we get everything settled with the adoption, mostly finishing up any paperwork, getting their documents, etc. and ex obliged and didn't contact me until last night. He is still behaving as if he's their legal father despite having minimal contact with them for the last three years and not paying child support since February 2020. He voluntarily signed the waiver and termination of rights form and consented to the adoption, and his reason for doing so was not wanting to pay child support any more though he has not made a payment in over a year. After the adoption was finalized all back support was forgiven and he no longer has to make payments. Does he have any claim to them after the adoption has been finalized? He got mad and said he has the right to talk to them around the holidays, but does he actually have this right? He has a lot of mental health issues which is why he hasn't been around them very much, and has a tendency to try to overstep boundaries. Is there anything he would be able to do either now or in the future to try to gain his rights back, or do I have nothing to worry about? Located in Utah

    submitted by /u/figurativeleotard597
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    Care team at college told my friends I was missing so they could get my parents phone number is this legal?

    Posted: 22 Dec 2021 02:16 AM PST

    So I don't talk to my parents and that's fine with me at this point. The care team at my college found out and even though I told them to leave it alone they wouldn't listen they called my emergency contacts which are my friends and told them I'm missing and needed my parents phone numbers to give to the police. Then they told me they talked to my parents, they lied to my friends and caused them to go into a panic, was this legal for the care team to do?

    submitted by /u/Angel_Marie_
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    [Update] Concerned Someone May Be Living in House We're Buying.

    Posted: 22 Dec 2021 04:38 PM PST

    Original post: https://www.reddit.com/r/legaladvice/comments/rlpa00/closing_on_house_on_christmas_eve_and_concerned/?utm_medium=android_app&utm_source=share

    I didn't have time yesterday to respond to comments, but I want to thank everyone who took the time.

    Fortunately, it won't be an issue. The city stepped in because of a related problem to inform the current home owner that it was his job to make sure the previous tenant was actually gone. When we passed by the house today, almost all signs of an occupant were gone and everything that was left was on the curb for trash pickup.

    Added bonus: this problem showed me that I'm moving to a town full of people who care about people and as a result I'm even more confident that we're making the right move.

    Thank you guys.

    submitted by /u/nonameghost_
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    giving a 3 day eviction notice to friend who was not on the lease for harassment (nevada)

    Posted: 23 Dec 2021 03:23 AM PST

    my friend who i originally gave a 30 day notice to, started threatening me and saying she was going to physically assault me. she was being extremely loud and screaming and throwing things and hitting the walls. i went and filed an official eviction notice, but for 3 days under "nuisance".

    i filed a restraining order and also pressed charges for her stealing from me.

    do you think the three day eviction will work? i am so scared and uncomfortable at my own home and if i have to be with her for much longer i will not be okay

    submitted by /u/throwaway141597
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    Bank account hacked and ALL my money was taken

    Posted: 22 Dec 2021 08:18 PM PST

    Long story short, last night my online banking was hacked. The hacker changed the number and password associated with my account. When I finally regained access, all of my money was of course gone.

    I am only 20 years old and pay for all of my own bills/ expenses so I do not have much, but around $4500 was taken from me. I of course filed a fraud claim with my bank (TD Canada Trust), and they told me it would take 10 business days to hear a decision. In the meantime, I'm left with no money, which is extremely worrying considering I have upcoming expenses.

    The bank recommended I file a police report. I honestly do not want to go through the hassle of this unless it will either quicken the process or increase my chances of receiving my money back. I am wondering if anyone knows if this is the case. Also, is there any reason why I may not receive my money back at all?

    I am located in Ontario, Canada, and the area code of the number that the hacker used in my account was for Manitoba. Would this mean I would have to contact the OPP as opposed to my local law enforcement since the hacker is located outside of Ontario?

    Edit: I realize my choice of words about the police report was poor. I'm of course open to the idea of a police report and if it will in any way assist me I will make one. I say hassle because I do not have a single idea about what a police report entails, and if it will actually help me get my money back or if it will just prolong this entire situation past when the bank resolves it. I am very overwhelmed by this situation and I have zero idea what I'm doing, I apologize for the wording.

    submitted by /u/ahansman1234
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    Etsy DMCA claim

    Posted: 22 Dec 2021 10:22 AM PST

    Hi. My wife runs an Etsy shop where we sell track car accessories and other 3-D printed items. We recently added an item to our shop, a crab that has pinchers vertically they can hold items such as a pen, glasses or anything that fits across his pinchers. We had a shop send a DMCA a claim against our item claiming that it was a copyright infringement of their item that they sell. I designed this item from a blank sketch and 3-D printed it myself. It's my own model that was created by me. Although they are the same idea they don't looks similar as there are numerous features that are different when comparing the two items. My question is Etsy gave us the option to 1) reach out to the party and ask them to rescind the DMCA claim or 2) file a counterclaim and go from there. My question is do I have any grounds to stand on because I created my own item? The counter claim has some legal repercussions if somehow I were found at fault. I believe it is a 512(f) and opens the door to litigation. Thanks for any help!

    submitted by /u/Kastey
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    Will Contest after the death of spouse

    Posted: 22 Dec 2021 02:26 PM PST

    Hi All,

    My wife died 2 months back. I was not aware that she has written a will and made her sister a executor and beneficiary on it. I got a letter from will executor. The will says below

    "I hereby give, devise and bequeath all of my property both real and personal, of whatsoever kind and character and wheresoever situated, divided in equal shares, to my brothers and sister"

    She never worked a day in her life. We don't have any kids. She only had social security check income that she got because of my full time employment. She kept all her money in cash that i don't know where it is. She only had 2 lock boxes on her name that I don't have access to. All my bank accounts are only on my name and she is not a joint account holder on it. We don't have any property.

    I understand that everything acquired during marriage in CA is community property. But after her death the executor want 50% of all my savings.

    Can somebody advice if only 50% of the separate property is available to be distributed to beneficiary via will or all the community property is (which includes my social security, retirement plan etc.)?

    Thanks

    submitted by /u/chrisrgi
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    Renter taking over

    Posted: 23 Dec 2021 02:42 AM PST

    A family we rent part of our 4plex to asked to store their kid's bikes in our potting shed during the summer and we agreed. We found that they'd taped the door open to bypass our lock and have moved a bunch of camping stuff, odds and ends, and a big meet freezer and fridge in there and are running it off our electricity. I'm worried that because we said yes to the bikes that we're screwed and have lost our shed to them. Is there any RCW section that someone could point me towards?

    submitted by /u/Vagabond_Valkyrie
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    Lyft charged me $150 for the driver’s car door handle breaking

    Posted: 22 Dec 2021 02:01 PM PST

    My wife and I requested a ride from our apartment to the cruise port. Our driver came to the apartment and put our luggage in the back and opened the rear right door for my wife. I opened the rear left door and the handle immediately broke off. I was just pulling on it normally and the whole thing came off. He said no problem and I gave him the handle. After the ride I got an email from Lyft charging me $150 with pictures of the broken handle. I emailed Lyft explaining everything but they said their decision is final.

    There's more to the story but that's the part I'm trying to resolve. Any advice would be appreciated. Here's the rest of what happened if you're interested.

    When he picked us up he used Google translate (didn't speak any English which was fine, we managed) to tell us he didn't have an access card to the port and he'd drop us off next to the port. I kept asking him what an access card was in his language but he kept repeating the same thing. So we said it's fine, I was assuming it was maybe a few minutes walk or something.

    To enter the port area you have to drive through US Customs and Border Protection. After that there's still a 5 minute drive to get to there. He pulled into a parking lot and wouldn't drive up to the border patrol because he didn't have an "access card". He offered to drop us off at the parking lot to request another driver. We kept asking what an access card is and if he could just try driving up the gate so we could talk to them, but he refused and drove off in the opposite direction toward the airport to drop us off there.

    We told him to go back but he was already on the highway and it took a while until the next exit. He got off and started driving back and offered to drop us off at the nearest gas station which was a 15 minute drive to the ports. At this point we were fed up and agreed and we found a different driver to take us. The second driver had no problem getting through.

    We found out there is no such thing as an access card, you just have to show ID when driving though border patrol. We're wondering if our first driver even had that. I gave him a 1 star review and called Lyft immediately to ask for a refund. Two hours later I get the email about the broken door handle. At this point I don't care for the ride refund I just want a refund for the $150. What should I do?

    submitted by /u/throwwawayapp
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    Roommate‘s service dog behaves terribly, never received actual training

    Posted: 22 Dec 2021 06:12 PM PST

    I'm struggling to figure out a situation with my roommate, her "service dog", and our lease. We are college students who are renting an off-campus apartment in Wisconsin. Before we agreed to live together, roommate "Dee" told me her dog was a certified service dog who was fully trained. Immediately after I first met the dog, it was apparent that while she is registered as an emotional support dog in training, she has never had any real training. Not only is she incapable of fulfilling her duty as an emotional support animal, she isn't house-trained (pees and poops on our apartment's carpeted floor) and her behavior has been worsening every month. She was always very energetic and at first she would just jump up on people, but after the first month it escalated to biting and other aggressive behavior and it hasn't improved. She is also loud and barks whenever Dee leaves, although we have never received a noise complaint to my knowledge. I've had so many conversations with my roommate that have gone nowhere. In addition, Dee wasn't paying rent and almost got us evicted last month because she and her family have severe financial issues (I was not aware she wasn't paying rent until I received a notice of eviction). We are both on the lease until next August. Right now I want to know what my options are related to the lease. As things are, I'm worried about my physical safety unless something gives. The apartment doesn't allow dogs normally (only cats), but of course must allow service animals according to law. I have no evidence of her aggressive behavior but I do have some photos of damage to the apartment. Would the landlord be able to force my roommate to get rid of the dog/evict my roommate herself with the current circumstances, or do I have to wait until the dog does serious harm to someone? Would I be able to force the landlord to let me break/terminate the lease early or will this be a long fruitless legal battle? Any suggestions welcome.

    submitted by /u/fourfuckingtwenty
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    My wife got sexually assaulted by a service member on base and the army doesn't seem to be doing anything about it.

    Posted: 21 Dec 2021 11:52 PM PST

    Without going into too much detail. I just got out of the service, we were moving off base but i was in another state for school. Our old neighbor called her drunk one night asking for a ride due to them not allowing him on base for being drunk. Her and my 5 yo child went and he sexually assaulted her.

    After some convincing, she did a rape kit, reported it and dealt with the SARC. The SM is army living on an AF base. As such, it started as an AF case with OSI and and AF SARC, but has since been transferred to an Army CID and SARC. They told us she has a protective order against him but all attempts to get a copy are blatantly ignored by the CID agent. The new SARC hasn't made contact once and the SM violated the protective order. Following her around Walmart until she called the police. The police asked her for a copy of the protective order, which she doesn't have, and they refused to look it up in the NCIC system (which we were told it would be input in) so they refused to enforce it.
    She feels she can't leave the house when I'm not there, which i have to leave to go back to school soon. She feels this guy is the type that will seek revenge and is terrified to go anywhere.
    My child thinks she was beat up, she was awake during the event.
    We feel nothing is being done about it and i know the military has a history of just sweeping sexual assault under the rug. After my 13 years in, I've seen way to many cases that go virtually unpunished. I want this bastard to be held accountable for his actions. My question is, are there lawyers that will take a case like this? what advice would you give to help us get justice?

    submitted by /u/jlaplace2
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    Lent someone $100 but ignores me when ask to pay back

    Posted: 23 Dec 2021 03:52 AM PST

    Hi,

    I lent someone almost $125 a month ago and he said he'll pay it back. However, the last call I had with him is that he'll have someone else pay for him and that he doesn't know when that person will send the payment. Ever since that call, he doesn't respond to my message anymore. When I called him 2 weeks after the last message I sent, he picked up but scoffed before hanging up when he recognized it's me.

    Any advice on what should I do? He is clearly avoiding me and I'm getting extremely frustrated to the point where I felt livid that I got betrayed like that.

    submitted by /u/homeboy479
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    [VIRGINIA] Legal disposal of human remains

    Posted: 22 Dec 2021 11:41 PM PST

    Gruesome title, isn't it? But that is the position I find myself in. My significant other of the past 30 years has just passed away suddenly, after a long illness. Her final wishes were for her to be cremated. As she put it, she wanted to look down from above and watch her dysfunctional body burn. That's all well and good, but here I am with the reality of the situation.

    I have contacted a cremation agency. They seem very pushy, and focused on money. They want more money than what I have, and they want it NOW. From a legal standpoint, our son (29) is her next-of-kin, so he has to sign for everything, which so far he is. My SO had a small burial policy ($2,000 face value), taken out in 1972. Problem is that both named beneficiaries (her parents) have passed away, and the agency is wanting death certificates for them. Anyway, the cost of cremation and everything comes to a total of $2,140. I suppose that's "cheap", but I have $50 to live on for the rest of the month.

    What I need to know is: What are the legal requirements for the disposition of the corpse when someone passes away? Are there time limits? What happens if there is no money? What happens if no one claims the corpse? Where can I find this in law? I would contact an attorney, but Holidays are getting in the way. Please help.

    submitted by /u/Snark_Jones
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    My Brother Loaned out $2,000

    Posted: 22 Dec 2021 07:27 PM PST

    My 19 year old brother loaned out $2,000 to a 39 year old co worker. We immediately told him how terrible a decision this was but he said the guy promised to pay him back. Now it's been months and of course not a single dollar has been paid back to him. The co worker is also leaving at the beginning of the new year. There was nothing in writing. Is this a lost cause or is there some legal action we can take here?

    submitted by /u/keeganmatthews
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    Employer requesting part of holiday bonus back after receiving resignation letter

    Posted: 22 Dec 2021 05:20 PM PST

    I unexpectedly got a new job recently, after my current workplace had announced holiday bonuses for all. There were no bonus letters that they had us sign, and they did not mention any conditions for receiving the bonus (ie having worked there for a certain amount of time or being required to stay for a certain period after receiving the bonus). It was purely a verbal announcement.

    I turned in my resignation letter the day before the bonus was supposed to be deposited into our accounts as I wanted to give them a chance to decide whether to still pay me out, but when I checked my account later that day I saw they had already deposited the bonus. Now they are saying they want to make an adjustment on my final check as they want me to "repay" back half the bonus they gave me. I am wondering, is this legal? I am in CA.

    submitted by /u/Nowena910
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    Girlfriend threatened to call the cops on me if I took our 4 year old to Thanksgiving and is threatening the same for Christmas - Arizona

    Posted: 22 Dec 2021 03:58 PM PST

    So my girlfriend is really worried about covid, and hasn't hardly let our daughter 4 years old unvaccinated) see anyone in the family for almost two years now even though the rest of the family is vaccinated, including the other grandkids who are all a little older. Around Thanksgiving I wanted to take our daughter to join in the festivities because she hasn't gotten to play with her cousins since she was two years old and it just seems that keeping her away from my family is unreasonable because everyone else is vaccinated already and so the risk will be minimal. So come thanksgiving I said "I'm going to take her to celebrate with my family," and she got very upset, took the carseat out of the car and sat next to it in the livingroom and said that if I tried to take her that she would call the police and say that I kidnapped her. So I folded because I didn't know what to do and I went to Thanksgiving by myself. Fast forward to now and she is saying that she won't let me take her to christmas and I fully expect her to pull the same thing. So here are my questions: does she have any legal standing? If not, how can I bring my daughter to Christmas? What do I tell her?

    Edit: Thanks for all the help, I have one more question: If she tries to stop me from taking her to Christmas, what are my legal options? If she is literally standing in my way?

    submitted by /u/guilded_monkey
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    Parents trying to force my friend to sign a contract.

    Posted: 22 Dec 2021 10:32 AM PST

    Heya! I'm making this post on behalf of my friend, an 18 year old living in USA California.

    Their parents are trying to force them to sign two contracts "medical power of attorney" and "HIPAA release forms" and they do not want this, but are afraid if they do not sign they will be kicked out of their house and made homeless. What legal protections do they have and what can I or others do to help?

    submitted by /u/EmilyTheLinguist
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    PA: My sister was r*ped by members of a college football team over 10 years ago. She was too afraid to be a witness then. Is it too late to prosecute now?

    Posted: 22 Dec 2021 08:15 PM PST

    TW: sexual assault

    My sister was raped her freshman year of college (2010) by two members of the football team. The night it happened, the two men invited her to their dorm "to work on homework together". When she got to their dorm, they locked her in and immediately raped her. There was zero alcohol involved. My sister had thought they were friends, and NEVER suspected they would do anything like that to her. She has been traumatized since - she dropped out of college and never went back.

    It was very, very obviously rape - she was covered in bruises and strangulation marks, literally inside and outside of her. She had a rape kit performed that night, had pictures taken, had a statement taken by the police, etc. The DA was ready to prosecute at the time. The school terrorized my sister into not wanting to prosecute (told her it was her fault, threatened her with lawsuits, refused to let her switch classes that she had with the rapists, made her WRITE AN APOLOGY to the school for bringing it up), and she ultimately decided not to go forward with it and dropped out. We later found out she wasn't the only woman they (the men AND the school) did this to. One of her friends was an exchange student who left the country after it happened to her.

    Today my sister is in a better place, and wishes she could try to prosecute. We looked up the statute of limitations in PA and it isn't clear to us what we can do. We are going to consult a lawyer - but is it too late? Is there anything we can do??? My sister's life was ruined, and these men got to experience college without any problems, have careers, have families......it's just hell to think about. Please help us. We've both avoiding talking about it all these years, and she finally brought up wanting to prosecute tonight.

    submitted by /u/Physical_Writer_9869
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    Landlord/tenant California

    Posted: 23 Dec 2021 01:46 AM PST

    The gas company red tagged my stove and heater due to gas leaks. The red tag states that only a professional should repair due to extreme fire hazard danger. It even says to not touch either appliances parts. My landlord came over and started taking everything apart in an attempt to repair both appliances. I showed him (again) the red tags demand of professional repair and he left and told the city...who I filed a code compliance complaint with in august...and who is currently still requesting repairs from him... Anyway, he left and I have not heard back from him nor will he answer my calls. And he told the city I refused to let him repair. I will of course allow repairs, but the code officer said that in spite of the gas company's red tagged demand of pro repair, he had the right to attempt repair himself. I'm in California. Is this true? Seems hazardous.

    submitted by /u/slipperyslope40
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    unlivable conditions in apartment

    Posted: 23 Dec 2021 01:36 AM PST

    rug is old and disgusting and believed to be causing breathing problems for child.

    child is under 10, and been on a breathing machine to administer albuterol sulfate for about 3 to 4 years now. We are ignorant to what was causing the problem. Doctors chalked it up to asthma in the family.
    been in apartment for about 8 years. rug was never changed. realizing the long hair dust on ceiling fan is from the rug.
    contacted apartment office, they said that owner of apt will be contacted and if there's a go ahead, it will start mid january at best.
    kid is going thru breathing problems now, was in the hospital a month ago with coughing up lots of phlem and fever we couldnt bring down ourselves. after a week of being healthy the kid is back to coughing up phlem.
    We will be relocating to a family members residence until flooring is replaced in the apartment.

    what to do next? can i sue?
    should i contact an expert (what kind of expert?) to check the apartment now for proof of unlivable conditions?

    this might be that sort of thing where my kid ends up with major health problems when older.

    God please i hope not.

    submitted by /u/Alactricity83
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    Ex threatened my family over phone call.

    Posted: 23 Dec 2021 01:36 AM PST

    Hi there, I (18F) Need help with something. My ex threatened me and my family. Said things like "I know where you live" "I know your mother, brother, step dad live there…" "watch your back" Is it worth filing a police report? I would never forgive myself if something actually happened to them. I don't have evidence as it was over a phone call to my friend while I was in the room. I'm not knowledgeable in the law at all. Thank you.

    submitted by /u/BattyBoi12345678
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    Risks of Signing as Agent-Petitioner on O1 Visa

    Posted: 22 Dec 2021 09:31 PM PST

    A friend of mine recently reached out to me asking me to be a "point of contact" for her O-1 visa application. However, upon receiving the documents from her lawyer, it's obvious that she wants me to be the agent/petitioner for her O-1 visa.

    I'm young, and since this requires my SSN etc., I'd like to know the risks first before signing. One such document is basically allowing the lawyer free reign over this process, which really scares me. I know people may tell me to just ask her or her lawyer, but they haven't been forthcoming with me. So if someone can tell me the risks, I'd really appreciate it.

    submitted by /u/OGKNotorious
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