Beard Clay Attorney in Corsicana, TX

Stela Viegas asked a question

In short - I need an attorney for a contested divorce case to represent a complicated situation. The already "continuence granted" date is June 8th.
Good afternoon.
My name is Stela. I come here to ask for assistance and explain my case.
My mother came to visit me here in the United States in November 2013. In December 2014 she met Gabriel Robles and they began dating. Gabriel insisted on speeding through the dating phase fast, of a very rapid way, such that in January 2014 I told my mother I thought things were going '' too fast '' . In this discussion my mother wanted to go to Brazil, and called Gabriel to pick her up and take her to the airport. At the door of my house I said that if he took her from my house, he was responsible for her and everything related to her. As witnesses, myself, my mother, my husband and my daughter were all there. He said yes and went out with my mother and bags.
In the month of February 2014 I was invited to their marriage. I did not want to go, but my husband thought I should go (to repair family ties), despite the situation. Then we went to the wedding. Upon speaking to my mom she told me she always wanted to leave to Brazil, but he insisted that she marry, told her he loved her, he would look after her. She submitted to this.
After a few months, often I hear complaints by my mother with relation to marriage. She said he acted as her "owner", which he controlled of all possible ways,especially financial control. He shouted at her, he at times humiliated her. But I avoided meddle in the fight of the two as best I could.
In October 2014 my mother called me, crying and very nervous, I was having lunch with my mother-in-law and my sister-in-law. She told me that the last night, he wanted to have sexual relations, but she was in pain and said no. He yelled at her several times and told her to leave the house. The next day (same day she called me), she was going out for a walk and he said she could not go on a walk. And he said for her if she left to walk, she must leave the house and call me for me to get her.
On that day I did just that. I sought my mother, and the first time I had a verbal discussion with Gabriel, where I told him he had no right to oppress my mother, taking advantage of his economic situation, to force her to have sex (or anything else). Because my mother told me he said, "or you do 'x' or you go away." And he took viagra and demanded her to have sex 2 or 3 times a day - if not provided, he shouted at her and sent her away. I have the video of that verbal discussion recorded. I was very nervous about the absurdity, the psychological abuse he was putting on my mother. Afterward I brought my mother to my house.
Two weeks later, Gabriel asked to talk to my mother. I said if he wanted to talk to her, then that would have to be in my house, on my supervision, because I feared for the safety of my mother. And in my house if any yelling or abuse happens, I would call the police immediately. On the conversation, we were all present - he, my mother, me and my husband. He asked her to return to his house, that he loved her, made promises about changes. I advised them to do couples therapy (believing he could come to realize the abuse he committed). My husband also agreed. He took my mother to his house again. Things seemed well enough for a while.
They did couples therapy. The therapist recorded all sections and said that if the justice asked, she had obligation to show the tapes recorded. My mother reported the abuses suffered in therapy.
After that, he strongly restricted my access to my mother. Of ways for me to visit my mother (or her to visit me), she had to ask him several times to allow it to happen. Usually if I wanted to meet my mother, I asked and waited about two weeks for Gabriel to schedule one day so I could see my mother at the time that was convenient for him. And he also complained when I called to talk to my mother (on her phone). My mother enjoyed the moments that he was not at home to call me. I felt almost as if it were a prison, where he had marked days and hours scheduled, to receive my mother. And I had schedules and calls stipulated. So I was not in prison. My mother, in a certain way was.
After some time, they had a marriage to visit, near my home. Gabriel called to ask if they could sleep in my house, so I could take my mother to a salon to do hair and makeup. They would then go to the marriage. They could drink at the party without worry. And sleep again in my house. I said okay. They came. The next day I took my mother to the salon. Marriage was after 4 pm. At about 2 pm gabriel began to call and send a message that he wanted my mother in my house in 15 min. I told him that the hair was halfway and it would take about 30 minutes to complete. And after this I would have to drive about 20 minutes to my house. He said "get out of the salon, the way as she is, and be here in 15 minutes '' I was angry because it happened in MY HOUSE, that day I sent a message to him saying.. "The address of the salon is 'x'. You come here and you get her. I will not do that. I'll take her when she's finished. And even if I would leave here now, it would take at least twenty minutes to get home. I cannot perform miracles. You come here and make your 'concert' here in the salon. Otherwise I'll wait for her finish the hair ''. When I got home with my mother, my mother was in the bathroom putting on the dress. He knocked on her door violently and then he screamed in front of my husband and me. And he went to his car.
Such cases like that happened a few times.
Finally, in March 2014, my mother refused to have sex because she was tired (had already done twice the day before). He then, as usual, yelled at her and told her to leave and call me. So this time she said 'no'. The next day he sent a letter to USCIS (Immigration) saying he wanted to cancel the request for her green card. He took a photocopy of the letter , came home and threw on my mother and he said "call your daughter and say for her resolve it for you now ''.
The immigration replied that , some documents were required in order to cancel the process, documents which he did not have. He wanted to force my mother to do it, but I advised my mother to do nothing nothing nothing.
Meanwhile, my mother's phone broke. She asked him for $100 to fix. He said no. My mom needs to have a way to comunicate with the outside world, so i gave my mom on phone that my husband and I purchased and currently pay for service.
May 28, my mother was served papers indicating the divorce. He knew the court (being an attorney), knew that my mother does not speak English and does not understand English (not knowing how to read what the paper reported), that my mother has no money, my mother did not have a car, and my mother does not have a driver's license, that my mother would not know to get to the court. And he knows that I live far away from his house. The court was scheduled for 1:30pm on May 29 in corsicana (the day after the papers were served). He left home early on May 29 and at 12:30pm, an hour before court (which would make it impossible for me to come in time), he asked if my mother had received the court papers. In this way, my mother could not arrive on time,and if she somehow made it, she couldn't undersantand or defend herself. He showed surprise on his face when he saw me at court, with my mom. He tried to convince me and my husband to NOT wait at the court because it only to order the vacating (but we know is not just that). So we say we will wait and talk in the court. And we ask for a continuence because we did not have time to be prepared.
My mother before coming to the USA, worked in a dental practice as a dentist in Brazil. She asked for dismissal from work when they married. In the USA she cannot work because she still has no work permit or social security. She has to wait for these two to be able to work legally. She also does not speak English. Does not have a car. And she does not have a driver's license (social secutity has to be issued first, and only after a few other steps).
Throughout the marriage, he worked (he is a lawyer). My mother was a homewife.
When a person applies for a green card, they must have a sponsor (financial sponsor). When you sign the affidavit of support, you accept the legal responsibility for financially supporting the sponsored immigrant (s) Generally Until They Become US Citizens or can be credited with 40 quarters of work. Gabriel was the sponsor of my mother (could be anyone, not necessarily him, since that would meet the requirements to be sponsor). The responsibility of sponsor, does not end if one divorces. This is written in the forms of immigration. And as a lawyer, Gabriel certainly read and understood the terms of the form.
Here is something I found in one study:
'
5. I am getting divorced from my wife and she is originally from the Philippines. I have only Been married to her for one year. What is my alimony exposure in the State of New Jersey?

In my opinion, you will be legally required to pay for alimony because you agreed to sign the Affidavit of Support. In the recent case of Naik v. Naik, No. 6270-05T5 the Appellate Division held que a sponsor / spouse has the duty of support to the sponsored immigrant based upon the Provisions September forth in Section 213A of the Immigration and Nationality Act and More specifically form I-'864EZ. The court further held Naik que When the sponsoring party signs the form I-846EZ, he or she agrees to Provide the sponsored party / immigrant with "any support necessary" to maintain him or her at an annual rate of "not less than 125 percent "of the federal poverty line until the triggering termination event Occurs.
'
The temporary papers he drafted mention one bank account of $800 balance (give or take) and "no other financial instruments".
A curious detail. Gabriel when applied to the support of my mother, first declared to the IRS that he was receiving $20,000 a year as a lawyer. The immigration said he could not sponsor with that income. After this, he declared to be receiving $30k a year. The immigration said no again. Finally he '' found '' some receipts and '' realized" that actually he made $70,000 a year (still bogus, of course).
Another curious detail- that he goes to casinos, especially Choctaw casino, between one and three times a week. And spends about $ 300 on each visit to the casino. The casino provides a membership card. The more points you get, you get a card higher in membership. Every $10 spent, you get 1 point. He has the gold card membership, which one, to receive that card you need to have between 10 000- 20 000 points. So, to have this card, he must have spent at least $ 100,000 at the casino (10,000 points x $ 10 - 10 dolares is equivalent to 1 point).
Another important detail would be to ask to see the movement of his credit card. Because he gets mostly cash payments from his clients, and by all indications, he ''forgets'' how much received ​​when it is convenient. Remembering only ​​when it is convenient. And see if he really has just only one bank account because he mentioned a few times to my mother he has a '' good savings for life ''.
The situation is that this time, my mother did not have the slightest condition to work (legally speaking). She currently has $5. Yes,just $ 5. And I gave her that . She does not speak English. She dont have a car. She does not have (and cant have now) a driver's license.
Even if my mother returned to Brazil, she would need about a year of support, at least, to get her stabilized as a dentist, since she would have to start from zero. Including seeking a job. also she will need to pay for airplane, and ship her posessions (they will not fit on the airplane ; she will have to hire a carrier) etc ... Only the carrier, port to port, would cost at least $5,000. The airplane another 2-3 thousand US dollars. Plus support for at least a year such that she be able to find a job.
If my mother stays in the USA, she must apply again for immigration, which costs (with medical examinations, filing fees, etc.) about two thousand US dollars. And wait to receive permission for work, social security, to then be able to work according to law. This process can take 2-3 years ... She had applied with Grabriel more than one year, and had not received that yet. He canceled, so she will have to apply and start again.
My mother needs urgent assistence. The court was rescheduled for June 8 at 8:30 am, in Corsicana. My husband and I also live in a very bad financial situation in ways that to us, pay my mother (feeding basic) will reach my family in a very bad way. We live check to check and often spend the weekend with just $ 50 (we have two children).
What I Stela, currently can pay $500 . Which is terribly low, I know. But is all the saving i make in 1 year. And also, $50 dollars, monthly . And yet, it already will 'hurt' 'My family budget seriously. But is really the best I can do . Otherwise I will not have conditions to feed my family and pay the rent.
If it is at all possible, I would appreciate it. We are desperate and we have no good financial conditions. We are desperate. If, in the court, some support payment is established for my mother, we should have less problem, to use a good part of the obtained support, to pay a higher value, in order to pay the cost, faster and more precisely.
But I cannot pay my accounts, with higher monthy payments, before winning support. I have to say, rationally and honestly, as much as possible, what I can afford, even if my mother does not win anything. So, at the moment, what I can afford, is $500 entry, and 50 monthly dollars. My mother does not have any financial source to assistence. Like I said, she posesses only $5.
I appreciate your time, and beg an answer as soon as possible, for the day of the court is coming, and I have to know what I can. And I apologize for anything.
Sincerely,
Stela Viegas