New Jersey Recent Legal Answers from Lawyers

The processing of an I-485 application generally does not bring the privilege of a driver’s license. For that, our understanding for New Jersey as well as for most states is that you would have to either have the I-485 approved or apply for and have approved an employment authorization card. Such an application is on form I-765 and can be filed concurrently with the I-485 application or at any time thereafter. 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

Filing the paperwork for permanent residence will generally not be enough to obtain financial aid from a college or university. However, colleges and universities have different packages dependent upon scholarship/financial aid, and you could inquire of the colleges and universities in which you are interested as to whether you might be eligible for some type of assistance. 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

Currently in the month of July, immigrant visa availability is only open to those who filed I-130 petitions under the F-4 category for siblings of US citizens before February 8, 2007, except for natives of India, Mexico, and the Philippines who face longer wait times. So currently for your brother, the waiting time looks like approximately 14 years. If your brother has other ways to immigrate, he should explore those options. Your petition for him should be used as a backup only. 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

You may request that the prosecutor bring charges based upon your testimony and supporting evidence.  You should gather your evidence and supporting witness evidence or other evidence before speaking with the prosecutor. We can guide you through the process beforehand in order that your presentation be well prepared. Ed Dimon ... Read Answer

The I-130 form asks for employment information for both the Petitioner and the Beneficiary.  If  you are not employed, simply enter "Unemployed" in the space provided.  You do not need to be employed to be sponsored for a green card. I hope that this information is helpful to you. Mark Curley... Read Answer

You’ve either misunderstood what you’ve read or someone is prancing you.  Your name in caps is just your name.  If you want to create a corporation you’ll have to go through some formalities like filing paperwork and paying fees, and the entity’s corporate status will be indicated by something like “inc.” or “Corp.” at the end of its name. ... Read Answer

Im sorry to hear about your wife's passing but happy that you have found someone new but since I am a divorce lawyer, I do think that it may be worth your time to meet with a divorce lawyer who can discuss with you the value of a prenuptial agreement ( presuming you have more assets and a laeger income setting). If you would like to schedule a consultation with one of the partners in our office to discuss the issue, please call Angela to arrange it. ... Read Answer

Unlike a criminal prosecution, where an unsuccessful attempt to commit a cirme is a crime and punishable,  there is no civil case where something bad "could have" happened.  If the grill is still assembled incorrectly, you can probably force home depot to assemble it correctly.  It would probably be happy to do so.  If the grill has now been assembled correctly, you have suffered no damages and have no legally cognizable claim.  Home Depot may be willing to give you some sort of small benefit to avoid hard feelings, or a bad review on yelp or other websites, but you have no case that will stand up in court.... Read Answer

It seems as if the plan depends upon whether CBP believes that your entry under a B visa is for a short period of stay, and not a substitute to stay in the US for a long period of time in lieu of an H-4 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

You say that you didn't sign up for any further obligation.  If that is true, you have no further obligation.  But many leases have a  provision that says that a guarantor's obligation remains on any extension or modification of the lease, and that he/she waives the righrt to notice of any such extension or modification.  If you read the loriginal aase that you co-signed carefully, I believe you will find that it provides for your continuing obligation under those circumstances.... Read Answer

Thank you for your question.  I am unable to definitively answer your question without seeing a copy of your Judgment of Divorce or Marital Settlement Agreement.  However, as this expense was incurred due to your ex Husband traveling with your kids, it is unlikely that you would be responsible for any portion of those costs.  Best of luck to you.  ... Read Answer

I dont know if your mother has any assets ( home, pension plan, etc) but if she does, then maybe you and your siblings agree in writing that you will get a larger share of the remaining assets of her estate upon her passing to compensate you for the expenses incurred in caring for your mother. Since your mother has dementia, who has the power of attorney over her care and over her finances? Again, maybe you and your siblings can agree that you will be paid from her assets for the time spent and to be spent caring for her. ... Read Answer

Thank you for the question. Issues of custody are complex. As a general matter, the rights of biological parents supersede that of any other relatives. However, there are instances where this is not necessarily the case. In your situation, I think it is important that you consult with any attorney regarding whether or not you would have standing to make an application for custody of your nephew, or if an agreement can be worked out with his father such that he would agree to allow your nephew to live with you. If your nephew's living situation rises to the level of neglect, then there are other means with which to address the situation. ... Read Answer

Yes. The fact that your wife left you, left the state and left the country does not mean that you cannot move forward with a divorce. The biggest issue in this type of proceeding is the service of process upon your wife of the filed complaint for divorce. After you file the complaint for divorce with the court system, you then need to arrange to have a copy of that filed  complaint for divorce personally served upon your wife, with your wife signing paperwork acknowledging her receipt of the paperwork. If you cannot get her to agree to accept the paperwork and sign the acknowledgement of service of those papers, then you need to hire a process server in her country to personally serve the papers on her and then he signs a paper acknowledging that he personally served her. That paperwork is then filed with the NJ court system and then the clock can begin to run on the period time under the statute to respond.  If you don’t do it correctly ( as explained above), the court cannot proceed with a divorce matter for you. In this setting, it is probably worth your while to hire a competent divorce lawyer knowledgeable in this procedure and who has access to process servers around the world.  ... Read Answer

We have a Certified Elder Law Attorney who heads our estate area of law. These issues are common. The proper answer requires an analysis of the 'facts and circumstances and alternatives'. There is no cost for a consultation. We get to hear the facts and you get to meet us. We will explain the 'legal procedures'  involved and the practical solutions. Please call asap and we can have the discussion. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer