New York Questions & Answers

Q: I´m an American Citizen my fianceé lives in Brazil. Should we get married there or in the US?

2 Answers | Asked in Immigration Law for New York on
Answered on Mar 25, 2016

If you are looking for the fastest way you should get married in brazil and apply for her green card, the only disadvantage in this situation is the process takes 6 to 8 months and your fiance will not be able to come to the US until her petition gets approved. If you do not want live away from each other after marriage, you should apply for a fiance visa for your fiance to come here and get married and she can wait here with you for the 6 to 8 months to get her petition approved. Either way...
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Q: I'll be a resident in the US for 3 years soon but haven't been living with my spouse. Can I apply for citizenship?

1 Answer | Asked in Immigration Law for New York on
Answered on Mar 21, 2016

If you were not married for atleast an year before you got your green card you will have to wait for 5 years before you can naturalize. I suggest you contact an immigration attorney in private to assist you. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that...
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Q: I bought a cream at rite aid called Renewal intensive deep wrinkle cream and after using it twice I'm having a bad a

1 Answer | Asked in Products Liability for New York on
Answered on Mar 21, 2016

If you are just having an allergic reaction, this would not be a defective product. Someone with a peanut allergy cannot sue Jif if they eat Jif's peanut butter, as the product is not defective. Now, if you are allergic to an ingredient that was not listed on the product, then you may have a case.
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Q: can I take my husband passport and 10 year residency card from him and leave him in his country

2 Answers | Asked in Immigration Law for New York on
Answered on Mar 14, 2016

I am pretty sure if you do that without his consent he might press criminal charges against you. Do not indulge in such activities. All the best. -Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze...
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Q: Can I sue for lost wages if a allegation investigation proofs to be unfounded?

1 Answer | Asked in Employment Law for New York on
Answered on Mar 10, 2016

Who would you sue? CPS would likely be immune if they are just following up on a report/tip, and your employer would likely be fine. Now, if the person who reported it could be determined and if they were lying, then perhaps you could go after them, but good luck getting money out of an individual.
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Q: My grandmother passed away and while she was receiving hospice care her stepbrother came from Puerto Rico and took

1 Answer | Asked in Other for New York on
Answered on Mar 8, 2016

The land is in New York state? Has the deed been recorded? If so, you really don't need the original for anything that I can think of.
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Q: I have G-4 visa, but need to apply another visa status before it expired. Could I apply for another visa before expired?

1 Answer | Asked in Immigration Law for New York on
Answered on Mar 2, 2016

The general rule of thumb is that you apply for an extension or a change of status 3 months before your current visa expires. I suggest you contact an immigration attorney via email or phone to get started with this process as soon as you can. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years...
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Q: I work for a company who's running a side business (90% employees don't know about). I do task for both, is it legal?

1 Answer | Asked in Employment Law for New York on
Answered on Mar 1, 2016

Yes, they can do that, and yes, you can work for both. They just have to pay you properly for both.
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Q: Can an employer turn you in to insurance company after they hire you??

1 Answer | Asked in Consumer Law and Employment Law for New York on
Answered on Mar 1, 2016

Is this like a magic trick or something? What would they turn you in for, and theoretically, an employer or anyone else can turn anyone else in for any sort of crime, if that is what you are asking.
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Q: is a verbal promise as binding as a written agreement if multiple witnesses are present?

1 Answer | Asked in Employment Law for New York on
Answered on Feb 29, 2016

Oral contracts can be just as enforceable and written contracts. Witnesses are not required, but it makes it a lot easier to prove later.
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Q: My mother has a green card and it is still valid. She left the U.S. In 2007, can she still travel to the U.S.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 21, 2016

It is unlikely that she will be granted a travel visa this time. An experienced immigration attorneywill give you with the best solution for your mom case. Good luck.
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Q: I am married to a US citizen, I had my first interview and after two weeks I was granted a conditional 2 years green

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 17, 2016

Most likely not if you submit enough proof that you have been living with your spouse for the last two years without any major problems. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a...
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Q: I am actively seeking an attorney to file an action against st. Francis hospital In Roslyn ER department for negligence.

1 Answer | Asked in Medical Malpractice for New York on
Answered on Feb 16, 2016

You can use the find a lawyer tool on this site, or google, to search for lawyers. Don't delay.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer...
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Q: if a taxi driver hits another vehicle with no passenger inside & its the driver fault do the driver have to pay for it

1 Answer | Asked in Car Accidents for New York on
Answered on Feb 16, 2016

Why not make a claim with the insurance company and let them handle it? A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...
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Q: my daughter fell 20 ft in 2011. her lawyer is now asking me for my facebook log in and password. do i need to?

1 Answer | Asked in Personal Injury for New York on
Answered on Feb 16, 2016

Ask the lawyer why they need it.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at...
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Q: Do I have any legal rights against my daughter school when the staff failed to do there job, which left my daughter not

1 Answer | Asked in Personal Injury for New York on
Answered on Feb 16, 2016

Not clear if there was injury from the delay. A local injury lawyer can advise.Don't delay.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to...
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Q: Traveling to US Virgin island during change of Visa Status from F1 to H1B, will i have any problem coming back

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 16, 2016

You may get some questions since you are leaving in may while your status expires in July (given you are not selected in the lottery), if you answer the questions from the immigration officers properly you should be just fine to be able to come back. I suggest talking to an immigration attorney to find out how you can improve the chances of getting picked in the H1B lottery. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best....
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Q: U.S. Citizen Apply for Illegal Brother for Visa.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 15, 2016

There are questions and answers similar to your situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
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Q: Can I open a company that charges people a monthly fee of 50$ only to return them the money minus 5%

1 Answer | Asked in Business Formation for New York on
Answered on Feb 12, 2016

Talk to a local banking lawyer to see if those laws apply.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with...
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Q: I-130 petition process could be affected if staying over the time it was permited with a tourist visa?

2 Answers | Asked in Immigration Law for New York on
Answered on Feb 12, 2016

You should always know over-staying your tourist visa is a risky thing to do. You might end up getting banned from entering the US. Try to apply for a extension if you have something important that requires you to stay here. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful...
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