Massachusetts Recent Legal Answers from Lawyers

As the client has an order of deportation, he would have to have that removed before he could be restored to a permanent resident and allowed to come back. His attorney should file a motion with the court of deportation to have his case reopened. He or she may have to deal with the question of what happens next in the criminal proceedings after the withdrawal of the guilty plea. Also for what reason the court vacated its order. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

You can apply for citizenship even though you were charged with assault and battery in 2008. Since the crime was committed over five years ago, that would be outside the required period of good moral character. An immigration examiner would look at the severity of the offense to determine whether he or she would consider it further in adjudicating your citizenship application even outside the five-year period of good moral character. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

You could have the attorney sign a confidentiality agreement. However, the code of professional ethics that every attorney is required to abide by would prevent him or her from revealing the details of your invention and the information on the patent application. Any attorney who violates this code can be disbarred.... Read More

You have to be a resident of the state in which you file the petition at least for 90 days prior to the day when you filed that petition. Whether you are physically present in that state at the moment you drop the envelope containing N400 in the mail is irrelevant.    How to Become Naturalized. ... Read More

The answer is dependent of several very specific factors related your circumstance. This includes where the marriage broke down as well as how long you lived in each state. If you intend to proceed with divorce, then you should speak with an attorney to determine what state has jurisdiction. ... Read More

Dear Anonymous,  There is no legal separation in MA. Through the divorce process the house can be transferred into one person's name and one person can be 100% responsible for the costs. If you need additional advice, you should contact a local divorce lawyer. Best of luck.   ... Read More

Respond to the letter asking for detailed information regarding what was allegedly downloaded and when. Also ask who specifically owns the copyright and what gives this company the right to make this claim. In short, first find out if this is a legitimate complaint or if it's just some copyright troll trying to bilk you out of money. Second, contact your IP provider to see if it has any information about the situation (did it get a request from this company for your IP address, etc.) Third, determine for sure that there is absolutely no chance that anyone was in your house or had access to your IP address on the date that the material was allegedly downloaded. Check if you have wi-fi to see if someone stole access to the Internet and your IP address somehow. If the company can prove that the movie was delivered to your IP address, you may have to pay for it.... Read More

Applicants for permanent residence in the U. S. are generally charged to the country in which they are born, not to the country of citizenship (if different). You would be charged to the India quota unless neither of your parents was born in and neither of your parents had a residence in India at the time of your birth. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Almost every country in the world is a signatory to the Berne Convention which regulates intellectual property, including copyright. This means there is virtually nowhere on the entire planet that will allow you to stream music without prior permission from the owner or that will protect you when you get caught and sued. Theft is theft, even on the Internet.... Read More

These so-called "invention companies" have a horrible reputation across the country. If you can prove that you had the idea before anyone else, that you submitted the idea to this company because it told you in writing that it would help you patent or market your idea, and the company used your original idea to create a product and market it without abiding by the terms of that written agreement, you may be able to prevail in court. I assume you have already sent the company a "cease and desist" letter. Next, contact your attorney general and the attorney general in the state the company is located in and file complaints with both. You should also talk to an IP attorney about filing suit in court.... Read More

A utility patent provides stronger protection than a design patent. The design patent only protects the embodiment shown whereas a utility patent can protect many embodiments. However, there are many instances that a design patent will provide you with all of the protection that you need. Also, if the technology has value to you and/or your competitors, you may be well-advised to apply for both. In such instances, we advise our clients to protect the technology every way that they can. You would be well advised to seek the assistance of counsel. Many provide a free initial consultation. Good luck with your project!!... Read More

Your personal history with your business partner is irrelevant to your question. The quick answer that the company's by-laws determine what each member or share-holder of the company can and can't do. It should also outline the responsibilities of each officer. Generally, some officer needs to submit the required reports to local and state government agencies. Also generally, if the by-laws don't mention the conditions under which the company can be sold or dissolved, any member or share-holder can sell the company and, after paying off all the company's debts, divide the profit between the other members or share-holders.... Read More

Hello, The result would be different if you have traveled less during the past few years. However, without knowing how often you are out of the U.S., it would be difficult to let you know if you can expect success this time. You may want to speak to an attorney and give them a list of your travel dates outside the U.S. so that they can help you find out what the likely result may be. Good luck.   The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney.     ... Read More

She cannot legally evict you without going to court. And a judge will definitely side with you. leases are binding contracts that a landlord cannot terminate at will. Further if she does try to evict you you should consult an attorney. The very act of evicting you is a violation of your rights which could be actionable.... Read More

Contact a lawyer in your state to see if there is any local law that protects you from the unauthorized commercial exploitation of your likeness. Such laws vary from state to state - and some have no laws regarding this. Federal copyright law does not protect your public performance of the Japanese dance - as it is not "fixed in tangible form." Thus, federal law does not protect you based on your live performance.... Read More

If you are employed by the company and you invented this game in the regular course of your duties, then the game probably belongs to your employer. You won't be able to claim the game as your own without the permission of the company. And games are usually copyrighted rather than patented. Check with the company and see if it is interested in marketing the game and splitting the proceeds with you.... Read More