New York Recent Legal Answers from Lawyers

Prior to 2015, changes of location for H-1B holders were not important. That changed with Matter of Simeio Solutions LLC, a decision in which the Administrative Appeals Office (AAO) of USCIS upheld the revocation of a petitioner’s H-1B petition due to changes in the beneficiary’s places of employment, which were not communicated to USCIS. In your case, your transferring from New York City to Philadelphia is not within the same metropolitan statistical zone, and so your employer will have to file a H-1B amendment with USCIS to allow you to legally work in that location. The amendment requires the submission of a new I-129 with documentation and new labor condition application (LCA). 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

Greetings.  It appears you would like to file a motion for default judgment.  In New York, to file a motion for default, there are certain initial steps that may have to be taken, such as sending a second copy of the summons and complaint to the defendant.  If these steps are not followed, the court will most likely deny the motion.  The pro se offices may be able to provide information to a litigant to help them with the process.  Otherwise, hiring an attorney is the next best option.  Good luck.... Read Answer

Dependent upon how observant the adjudicating immigration officer may be, he or she may consider what effect (if any) the child would have on your VAWA case, and also why you would have failed to mention a child in your I-485 application. For any concerns, an immigration officer can issue a Request for Evidence (RFE) or other inquiry giving you an opportunity to respond. I cannot tell you what the potential consequences could be in your case as I am not aware of your particular facts. 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 question whether certain vacation pay and other discretionary pay benefits are owed to you upon separation depends on the employer's policies, which may be contained in a handbook or otherwise. Vacation benefits are not mandatory under New York law. Therefore, the employer can implement policies determining that benefits will not be paid under specified conditions.  Your employer cannot withhold your wages in exchange for your signature on a claims waiver, but depending on the company policy, it likely can withhold your vacation pay in exchange for that waiver, provided that the employer complies with all notice and other requirements under federal and state laws with respect to the waiver form. If you believe your employer has unlawfully discriminated against you or has failed to pay you wages or overtime pay that are required under NY law, you should consult an attorney to protect your rights before signing a waiver.  ... Read Answer

Sorry to hear what happened to you.  You can find many excellent attorneys using the Find a Lawyer tab on the Lawyers.com homepage. Keep in mind that the statute of limitations for intentional torts such as assault / battery is one (1) year from the date of the incident.  Also, unless your assailant has significant assets (real property, $, etc.), you might have a hard time finding an attorney interested in the case - no one wants to pursue a case against a defendant with no $. Best regards, Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

If you had insurance at the time of the incident, you should report the matter to your insurance company.  It will investigate the matter, hire an attorney to defend you, and pay any judgment obtained against you up to the limits of your liability insurance.  If you do not have insurance, you will need to hire a private attorney.  You can find many excellent attorneys using the Find a Lawyer tab on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read Answer

Your wife’s case is undoubtedly under administrative review, where reviews can be short or long. It appears that you have done just about everything that you can. You can either continue to wait and do what you have been doing or engage an attorney to file a lawsuit against the Department of State which may or may not be successful in getting the post in Pakistan to make an adjudication. 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

Being denied under INA §217 means that she is not allowed to come in with visaless travel. She should make an application with the American consulate or embassy for a visitor or other appropriate visa to the US and be prepared to explain and overcome the basis for the refusal by CBP to allow her entry. 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

Generally speaking, a F-2A application of green card holder for spouse will likely take about 2-3 years if the beneficiary is born in any country other than Mexico (which will take longer). That category just backlogged on the visa chart for April 2023 from being current to being available for final immigration only to those who filed I-130 petitions prior to September 8, 2020. I note that it is possible that the F-2A category can rebound to a more current date in the near future, but that is uncertain. 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

I assume that when you say KY case got denied, that was the naturalization application. Generally speaking, a person with a violation and conditional discharge for one year which has ended is eligible for naturalization immediately. However, naturalization requires that an individual demonstrate good moral character for the required period of time, which in most cases is five years unless married and living with a US citizen. So relevant questions before giving the all clear are what is on the disposition, was there an allocution before the court in which you admitted more than was on the violation, and whether you admitted to an offense other than the violation during the immigration interview. 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

Hi Barry, New York has very favorable anti-discrimination and hostile work environment laws. You need to start with a consultation, or rather your son does. He's an adult, so if he doesn't want to pursue it, you cannot force it. Likewise, he will be the client and needs privileged conversations with counsel to be in the driver's seat.  The prevailing legal burden in NY for hostile work environment is to prove the the employee was treated differently than other similarly situated employees because of a protected classification. NYS law also has lower disability thresholds than the ADA and protects virtually every diagnosible medical conditino or impairment. ... Read Answer

Hi Irene...I am sorry to hear what happened to you.  I would need to know more about the background to be able to answer your question.  Feel free to reach out to me at kkerner@kernerlaw.com or 212-964-1098 if you would like to discuss further.   Thank you.   Ken Kerner   ... Read Answer

Starting and working in your own separate business while on H-1B status is a violation of that status. It is not legal for you to work and bill for the work when you obtain your EAD. I do note that illegal work will not adversely affect you in the adjudication of a marriage based green card application to a US citizen. 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

No one can legally buy your house without your knowledge, but they can steal it. Online title fraud is a thing.  If someone has made a demand in writing claiming they own your home, you need to find an attorney ASAP for a consultation. You can also head down to the County or Town Clerk's office and find a copy of your deed. You'll need the block and lot number off your title policy. The current deed recorded will show if someone forged your signature to transfer the property. ... Read Answer

No one can legally buy your house without your knowledge, but they can steal it. Online title fraud is a thing.  If someone has made a demand in writing claiming they own your home, you need to find an attorney ASAP for a consultation. You can also head down to the County or Town Clerk's office and find a copy of your deed. You'll need the block and lot number off your title policy. The current deed recorded will show if someone forged your signature to transfer the property. ... Read Answer

No one can legally buy your house without your knowledge, but they can steal it. Online title fraud is a thing.  If someone has made a demand in writing claiming they own your home, you need to find an attorney ASAP for a consultation. You can also head down to the County or Town Clerk's office and find a copy of your deed. You'll need the block and lot number off your title policy. The current deed recorded will show if someone forged your signature to transfer the property. ... Read Answer

The expiration of your tourist visa should not have any effect upon your ability to adjust status to the green card in the US. If you decide for some reason that you would like to consular process your case rather than adjust status, you would be barred from coming back for 10 years because of your having been illegal in the US for over one year. To adjust status, you would file Forms I-130 petition for alien relative, I-485 adjustment of status application, and if you wish to obtain employment authorization or advance parole to leave the US during the time of the adjustment application, Forms I-765 and I-131. Documents required would generally be proof of your spouse’s US citizenship, marriage certificate, proof of dissolutions of all prior unions of either one of you, your birth certificate, passport, and optionally (at the time of filing) proof of bona fide marriage and Form I-693 medical examination. 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

Maybe. Our at will employment system doesn't require an employer to reveal the reasons for a terminatino or lay off, but they must comply with Union Collective Bargaining Agreements and statutory law. If you're not in a Union, that means the only protects you have are those the Legislature created under the WARN Act, anti-discrimination laws. and the Whistleblower protection laws. If you were the only person laid off, the WARN Act does not apply. That only applies to reductions in force that trigger the statute. If you did not engage in protected conduct, such as objecting to or complaining unsafe or illegal operations, payroll practices, harassment, or discrimination, there is not retaliation protection. That leaves protected classifications like race, age, disability, religion, sex/orientation/identity, uniform service status, marital status and things of that nature. If membership in a protected class partially motivated your lay-off, or a complaint to HR, or a dispute about illegal operations with your supervisor, preceded your lay-off, get a consult. If business is down and you've no basis to quesiont the motive, the law provides no recourse for legitimate operational decisions. ... Read Answer