FAQ on working with me as your lawyer

I have noticed that I receive many e-mails with the same questions, so I have started to post the most frequent questions – and of course the answers to them – for everyone to read for free. As this section might already answer many of your questions, I invite you to browse these FAQ before you contact me about your case. If you do decide to contact me, you can increase your chances of getting a response by using the “Make a Donation” button on the top right hand corner of this blog.

1. Is it true that you are on sabbatical?

Yes. I took a break from lawyering in August 2009 after having worked as a lawyer for 7 years. I wanted to pursue some of my other interests and to travel more. I have since even found the time to complete an MA in philosophy.

2. When will you be back?

Probably not for a few more years. If you follow my blog, you will be the first to know once it happens.

3. Is there no chance you can help me with my question?

The point of my sabbatical is to work less, so I cannot reply to all the requests I continue to receive.

But there are two ways you can try to tap my knowledge: I answer some questions for free on All Experts (see question no. 4) and sometimes I might do some extra work for really nice people (see question no. 6 et seq.).

4. What do I have to do to get my question answered for free?

I am one of the experts for German Law on All Experts. You go to this website: www.allexperts.com/ep/1364-118581/German-Law/Andreas-Moser.htm and click on “Ask a Question”.

Please note that I answer a maximum of one or two questions per day. If you fail to read through these FAQs or my previously answered questions on All Experts and ask a very basic or repetitive question, I might decline to answer your question. I also won’t answer questions marked as “private” because the purpose of that website is to educate the public and others who might be in a similar situation to yours.

5. How can I thank you adequately for this free service?

I have a wishlist of books (and another one for German language titlesand I would appreciate if you choose and mail me one of the books. Or you can use the “Make a Donation” button in the top right corner of this page. Getting quality legal advice for free should be worth such a relatively small effort, right?

6. Would you also be available for more individual questions or more legal help?

I might. From time to time, I will accept a case on a freelance basis.

Please note that I am currently not admitted to the bar as an attorney, so I cannot officially represent you in court cases. I can of course give general advice, strategic advice, draft letters and briefs, perform legal research and legal translations.

7. Do you charge for this?

Of course. For an initial consultation, whether by phone, e-mail or in person, I charge 400 € or the equivalent in your currency. The easiest way to pay is through PayPal.

The consultation will be thorough and in-depth. It will draw not only on my legal knowledge but also on my vast trial and strategic experience. I will set aside several hours of my time to answer all of your questions.

If we decide to proceed together after the initial consultation, we will agree on the fees for that.

8. How can I contact you?

The best way is to send an e-mail to moser@moser-law.com and provide a detailed account of your situation, preferably pointing out that you have already read these FAQ and haven’t found the answer therein. You can also contact me on Skype at “andreas_lawyer”.

9. Can you recommend any other lawyer in Germany?

No, unfortunately not. But I have put together the 10 ultimate guidelines for finding the best lawyer.

About Andreas Moser

Travelling the world and writing about it. I have degrees in law and philosophy, but I'd much rather be a journalist, a spy or a hobo.
This entry was posted in German Law, Law and tagged , , . Bookmark the permalink.

43 Responses to FAQ on working with me as your lawyer

  1. Pingback: More Pestering Questions from the Philippines | The Happy Hermit – Andreas Moser's Blog

  2. Pingback: 10 FAQ on divorce in Germany | The Happy Hermit

  3. Pingback: 10 FAQ on citizenship law in Germany | The Happy Hermit

  4. Pingback: 10 FAQ about child custody law in Germany | The Happy Hermit

  5. Pingback: 10 FAQ about filing a Constitutional Complaint in Germany | The Happy Hermit

  6. Pingback: 10 FAQ on Inheritance Law in Germany | The Happy Hermit

  7. Pingback: 10 FAQ on international child abduction | The Happy Hermit

  8. Pingback: “How do you finance your travels?” | The Happy Hermit

  9. Pingback: Money-Back Guarantee | The Happy Hermit

  10. monica says:

    hello,
    i m an indian girl living in italy,having carta di soggiorno(without expiry).I can come in german n having legally right to work there.Now i m pregnant,delivery date is in october.Can i come to german n give birth baby there ?Can i n my baby get citizenship of german in this way?pls can u help me in any way?
    Thanx.

  11. parminder says:

    hello sir
    i need your advice on some issue
    my wife got pregnant and she wanna have her babe in Germany but she is having resistance of Italy will you please let me know that weather our child will get Germany citizenship or not

  12. Pingback: FAQ on Naturalization in Germany from Abroad | The Happy Hermit

  13. Hh says:

    Hello Andreas,

    I have been in Germany since October 2008. I have been now over 5,5 years in Germany. 2,5 years as a Master degree student and almost 3 years working. I now have a Permanent Residency from Germany (Niederlassungserlaubnis). I have lately received a very attractive job offer from Belgium which I am very much in favor of, but my concerns are as follows
    – How can I keep my permanent residence permit without losing it due to the fact that I won’t be working in Germany.
    – I would like to get the German passport since it makes traveling etc much easier. So can I actually get it -since I won’t be residing in Germany. if yes, when can I apply for it. End of this year?

    Please note that I have been in a relationship with a German for over 7 years, and I will definitely be traveling frequently to Germany and will keep my German residence.

    thank you so much
    Hh

  14. Robert Baranek says:

    I am American my wife is German (we were married in the USA) and agreed to take our son (age 3 , born in the USA) to Germany. I was hesitant about the change (not speaking the language) my wife assured me we could make it work and in the USA agreed we should at least give it 2 years. ( I have witnesses that she was present when we had these discussons on more than one occation) a little over a year later here in Germany she tells me our relationship has ended (after she had spent 7 weeks in a clinic for Angst.) I am unable to find real work having such little understanding of the language. All our finances are in her name only and she now tells me I have 2 weeks to move out of the house. I really don´t know what I should do. I would like for my wife to honor our agreement and we return to the States but she now (and her Mother) refuse to aknowledge this trail ever existed. What are my options?

    • First of all, ignore the mother-in-law. It’s none of her business.

      If you want to return to the US with your son, you would need your wife’s consent (unlikely) or a German court order (tricky), otherwise it would constitute an international child abduction. Your chances of obtaining such a court order are higher the closer your son is attached to you, the better your professional prospects are in the US, the less integrated he is in Germany. But such a case is generally an uphill battle as courts tend to favor the status quo unless there are compelling reasons to change it.

      As to your question about moving out, I would really need to know much more about your options, plans and opportunities to make an informed recommendation. I’ll be happy to set up a telephonic consultation, so that we can speak about all questions involved in great detail and also cover the strategic and tactical approach. I charge 200 EUR for such a consultation.

  15. Pingback: 10 FAQ on Freedom of Movement in the EU | The Happy Hermit

  16. Michael Mantsch says:

    I am a citizen of the USA and I am looking to gain a second citizenship in Germany through ancestry. My grandparents both came to the USA from Germany. My grandfather was born in Austria and moved to Germany. How do I go about having you or someone else helping me achieve my goal?

    • There are two possibilities:
      1) I recommend reading my FAQ on German citizenship including the questions and comments below the article. You will then learn what kind of documents you need and what kind of issues might have lead to a loss of German citizenship of your grandparents, your parents or yourself. In your specific case, you also need to make sure your grandparents were German citizens, not Austrian ones.
      2) Or you can send me an e-mail with all the details about your grandparents, your parents, their respective citizenship, date and place of birth and so on, and I will look into it for you. Depending on how complicated your case is, I will charge either a book from my wishlist or 200 EUR.

  17. Beth Woodcome says:

    My husband recently became naturalized as a US citizen and in turn (unknowingly) lost his German citizenship. He was reassured by an attorney that he could have dual citizenship but we now realize that he needed to get permission from the Germans. This is a blow, of course, for many reasons, but primarily because we hadn’t yet obtained German citizenship for our daughter who was born in the US in 2010. My husband, her father, was a German citizen at the time of her birth (I’m American). Can we still apply for German citizenship for her?

    • Your daughter automatically received German citizenship at birth (§ 4 I 1 StAG) because her father was German at the time of birth. There is no need for her to apply for German citizenship, she already has it. She will be able to keep both because she obtained neither through naturalization.

    • And please sue that attorney’s ass off. Anyone who knows anything about citizenship law could have told you what the law is. Your attorney only would have needed to read my FAQ or the law. It’s not a complicated law and it’s not an unusual case. I am shocked, although I hear of such cases over and over again.

  18. Pingback: German Law on Having Babies | The Happy Hermit

  19. kay says:

    I have a friend who is a US citizen and his wife took their child to Germany and he was abducted he has all the paper work showing he had legal custody of the child. He is having a very hard time getting him back due to alot of red tape. I believe the child is now a teenager can he legally leave Germany on his own and at what age can he make his own decision to leave Germany? What do you suggest to get him back. Many times they have located the mother and she would then move again. It’s a very long story and the fight has been going on for years, she blatenly abducted this child and this child wants no more than to be with his father in the U.S.

  20. kay says:

    Wow that is ridiculous he has been fighting to get this child back and she continuously moves around so he can not be in contact with him. So in the U.S. it clearly states she abducted the child that was in his custody and Germany allows this even though she broke the law. Wow.

    • No, that’s not true at all. It sounds like he didn’t take the proper legal steps. He can contact me if he wants, but you see my fees mentioned above.

  21. Iris says:

    Hi, I’m hoping you will be able to answer my question. I’m a German citizen by birth, but
    I have been living in Canada for many years w/o any legal status because I have no documents other than a birth certificate, expired travel passport and expired passport. As I understand it, I will have to go to Germany to get new/renewed passports.
    I was planning on doing that later this year, but 2 weeks ago I was diagnosed with high grade uterine cancer (aggressive, fast growing and fast spreading). It may be possible for me to get treatment here in BC which I will have to pay for, but only if it’s approved by… actually I’m not sure who decides that.
    If I’m not approved, can I go back to Germany and get treatment there with my expired passports right away? Due to the high grade rating, time is very much of the essence.

    Also, is it even possible to go back to Germany with no valid passport?
    Thank you for your time

    Iris

    • Hello Iris,
      you cannot travel with expired passports. It’s not even an immigration issue, but the airline wouldn’t let you board the plane.
      But you can renew German passports at any consulate, including the ones in Canada.
      I wish you all the best!

      • Iris says:

        Unfortunately I cant… I don’t have the documentation required in order to renew them. Thank you for your reply though.

        Iris

      • You only need a birth certificate and an old German passport or any other proof of identity. Also, the German consulate can get the documents from Germany.

  22. Iris says:

    Actually, this is the reply I got from the German Consulate

    Dear Ms. Acton,
    we cannot issue a passport without a proof that you are still German. If you cannot apply for the PRC, please apply for a status verification. That is possible without a passport and should be a little faster, too.
    If you do not have any documents, it will be very difficult to issue a passport. Perhaps it would be best if you would get in touch with the German Consulate General in Toronto to apply for a Certificate of Citizenship first.
    For more information, please consult:
    http://www.kanada.diplo.de/Vertretung/kanada/en/02/citizenship/__citizenship.html

    Best regards

    Daniela von den Driesch

    • Basically, what they are asking for is some evidence that you did not become Canadian (because you would have lost German citizenship in the process, § 25 I StAG).
      I would love to help, but I would need to know what kind of documents you exactly have and a bit more of your background (my e-mail: moser@moser-law.com). Unfortunately, I would need to charge my consultation fee of 200 EUR in that case.

  23. Rao says:

    Dear Andreas, Is it possible to get German citizenship early say 5 years (range official is 3-8 years for non-EU). My HR Director say that I can get it without their insisting German language. I am indian, 57 years. I came to Germany five years back, with Niedrlassungserlaubnis from the first day without German language requirement for me or for my wife (house-wife). AN attorney did this immigration service when i moved from Beijing to here. It appears he has done under High skilled category. I lived 1998-2003 in France earlier. Since he could get PR from the first day, may be HR director is correct, that I can even get German pass. Company HR any way do not do this and the earlier attorney may not be keeping all my records with him, and say the normal rules as you have written in FAQ. If you see that there is a way, i want to use services of an attorney like you. Hence this question. Thanks if you can advise. I work for international department here hence no German so I did not spend any time for German language.

    • There is no exception from the language requirement. You also have to keep in mind that you have to pass the citizenship test, which will be done in German. So, without adequate German skills, you may not even pass the citizenship test.

  24. Carol says:

    Both my parents were German citizens they moved to America in 1954. My mother still receives a pension from Germany. I am first generation born here. Do I qualify for dual citizenship?

    • It depends if either of your parents was still a German citizen by the time you were born or if they had lost their German citizenship due to naturalization in the US at that time.

      • Carol says:

        They were required to become citizens as part is being allowed to come here post WWII . My mother still receives her pension from Germany

  25. Laila says:

    Hi Andreas,

    Hope u r enjoying your travels :)

    I would like to check with you whether I have a case for getting German citizenship and proceeding to a consultation with you..

    I was born in Germany in 1973 to 2 Iranian parents (married in Iran), My father lived in Germany for 15 years and never applied for German passport. At the age of 5 (in 1978) we moved back to Iran and I was never allowed from my parents to apply for German citizenship before I turned 18.

    I am 42 today and I have Iranian and Australian passport (live in australia)

    Do you think that I can apply for German documents? I don’t even have a copy of my Brith Certificate (which I can probably locate through Germany Agencies)

    My parents have divorced and don’t have any relations with Germany, I do have a step sister who is German.

    Please advise if you see any opportunity for me to apply for German citizenship in my story?

    THANK YOU SO MUCH,

    Laila

    • Hello Laila,

      I don’t see any chance:
      – Being born in Germany did not provide German citizenship before 2000.
      – None of your parents was German at the time of your birth.
      – You don’t seem to have strong enough ties to Germany to warrant a naturalization from abroad.

      Your only way would be to move to Germany (you don’t need citizenship for that) and apply for naturalization after a few years. Your stay as a child could still be partially counted towards the residence requirement (§ 12b II StAG), but only if you still speak German based on that time spent in Germany.

  26. Pingback: Gaining German Citizenship Without Living in Germany | Mkenya Ujerumani

Please leave your comments, questions, suggestions:

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s