New Jersey Recent Legal Answers from Lawyers

I am not sure without all facts ,but in NJ Comp,you get 70% of gross wages while out up to max allowed for year of accident or no more than 903. per week for 2018.If you were a higher income earner,there is no law in Comp where you can get all your wages covered.   As to injury,NJ has a disability chart  and the goal of your Lawyer would be to work out a % of disability to the body parts hurt and that has a Dollar figure.If it can not be reolved ,then the Judge after full trial with Doctors dtermines the % of disability.The dollar figure in the chart can not be changed.   You have 2 years after an awrd in Court ,from the time you get your last check from insurance ,to file a reopner if yoou believe your injury worsened.After that you will probably be time barred from filing same. Andrew H Graulich Esq   973-493-6468 www.graulichlaw.com  ... Read Answer

Yes, if the fire occurred during the period of time when both polices were cancelled, you may have a case against the insurance company for its mistake in cancelling the other policy.  Your damages will be whatever would have been covered under the policy that was mistakenly cancelled after reducing the amount of the covered loss by the amount of your deductible.... Read Answer

Inasmuch as you only stayed in the US on H-1B visa status for 1.8 years out of the total allotted stay of six years, you appear eligible for a cap exempt visa petition. If approved and you pass the consular interview, you would have 4.2 years left on the H-1B visa if your count of 1.8 years is correct. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

In order to have a claim against any party, you would need to have damages.  If you suffered an injury, depending on the facts and details, you may have a personal injury and/or workman's compensation in claim.  In New Jersey, employers are required to carry workman's compensation insurance.  Good luck to you, Melanie Ryan ... Read Answer

More than likely, you will not have a problem coming back to the US. The fact that you have not been convicted or pleaded guilty to the charge is in your favor. You should be aware, however, of something called prudential revocation of a visa in which the American consulate or embassy overseas hears about your arrest and revokes the visa. If you are outside the country when that is done, you will lose your ability to return on that particular visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

Which county?  Most surrogate courts will allow you to search public records in person; other require appointments.  You can also mail in a request and I believe the charge is $10 for the search and $3 per page for copies.  Give me a call if you need some help. Melanie Ryan Nutley, NJ  917-346-6547  ... Read Answer

If all of the beneficiaries are Class A (spouse, children, etc) there won't be inheritance tax.   He should get a simple will drawn up even if he doesn't have a ton of assets.  If someone passes intestate, meaning without a will, its a bit more complicated and expensive to settle the estate.  Another possibility is to add you to the bank account, either as a joint account holder or a TOD "transfer on death."     Melanie Ryan,Esq, Nutley, NJ 917-346-6547... Read Answer

To travel with you, you could attempt to explain the situation to the American consulate and request B-2 visas for the children. If the consulate is unwilling, you could request humanitarian parole from USCIS through form I-131 Application for Travel Document. Such application has to be filed at the Dallas lockbox at: U.S. Postal Service (USPS): USCISAttn: HPP.O. Box 660865Dallas, TX 75266-0865 FedEx, UPS, and DHL deliveries: USCISAttn: HP (Box 660865)2501 S. State Hwy. 121 BusinessSuite 400Lewisville, TX 75067-8003 Good luck! Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

It is difficult to estimate how long it will take an I-130 petition to be adjudicated from the time that you receive word that your documents are being reviewed. In many cases, those words do not mean very much. USCIS has given us the same message for cases that we just filed and received a receipt. You can access published estimated USCIS processing times at its service centers by going online to USCIS.gov. We have a link to the processing times on our website www.alanleelaw.com on the right-hand side of our home page if that would be more convenient for you. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

It is always possible to switch to another immigration attorney, but a few words of caution – your next attorney will probably want to see a copy of the entire file as he or she does not wish to be surprised by anything in your background or that has already been revealed to USCIS. You should ensure that your present attorney has your address or email so that he or she can send you copies of any communication received from USCIS. Also, your new attorney may very well be charging you a fee in excess of what you expect to pay. We have seen many times individuals who believe that they should only pay for part of the case because the former attorney did some work. To your new attorney, this is a new case, and he or she will have to go over the work that was previously done and remedy anything that may be deficient. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

The easiest way to check if one knows the “A” or alien registration number of the individual is to call the immigration court line at 1-800-898-7180. After moving through the prompts, the automated system will inform you whether there is information on the individual or not. If no information, that usually means that the person does not have a case involving removability in the immigration courts. If the individual has an upcoming court date, it will give the date and place of hearing. If there has been a disposition, it will so state and with another prompt say whether there have been any further administrative appeals or motions along with their dispositions or whether they are still pending. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

The chances are almost 100% that this is a scam. Even if the identification of the phone number can be authenticated., Spoofing phone numbers can easily allow the reader on the receiving end to see a real live match to a law enforcement number. The police never call,  they show up at your door. So it's got to be a scam. Block his number. ... Read Answer

A timely request for change of status allows an individual to remain in the US until the time that it is adjudicated. Technically, you are not in legal nonimmigrant status unless the change of status application is approved. However, you would not begin to accrue unlawful presence until 180 days after the change of status application is denied. Hopefully, this will assist you in planning your future immigration steps. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

It is possible to bring your husband to the US to complete the Green Card process. The form required is Form I-129F, Petition for Alien Fiancé(e). This form, in addition, to applying for a Fiancé K-1 visa, is used to apply for a K-3 visa for a spouse. However, I am not sure if the I-129F might be any faster than your I-130, especially since your I-130 is already at NVC and being actively processed. That is, there is a potential that you might spend the time, money, and energy and end up not benefiting from this application. That being said, the I-129F is an option that I recommend discussing with your immigration attorney. As for your husband’s visitor extension, unfortunately, it’s not possible. I am assuming he is entering the visa waiver program, which has strict rules related to that program. Alternatively, your husband can apply for a B-2 visitor visa. The typical I-94 time frame for that visa is six months. Also, B-2 visa visitors can extend their visit for six months. That should give him a year in the US.     I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

 Did you confirm that the divorce decree is correct according to Ghana law? I have had clients who presented documents not issued by the appropriate authorities. They were either unaware of the issue or didn’t want to deal with the hassle of getting the correct record. I know it can be a real hassle, but you have no choice. Additionally, having him overstay his I-94 is not a good idea. Chances are, he is entering the US on a visa waiver program that prohibits him from adjusting his status in the US.  Further, you will still have to deal with the issue related to his divorce decree.  Lastly, if he were to seek a divorce in the UK, the date of the divorce will be after your marriage date, which would result in your marriage being void under US law.  I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

I recommend that you keep the application running and do not attempt to have your husband come to the US and restart the paperwork. Such would involve questions concerning misrepresentation or preconceived intent to stay in the US during the time that he has already had an approved immigrant visa petition. The time involved would also undoubtedly be longer than your present process. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer