New York Recent Legal Answers from Lawyers

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New York Recent Legal Answers from Lawyers
Page 7 of lawyers' answers to legal questions about New York.

Recent Legal Answers

Can my 16 year old son with F2 visa enter US 1 week before me, his F1 visa parent?

Answered a year and 10 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
If this is the first time that the F1/F2 visas will be used, your son cannot enter the US before you as you are the principal F1. If you had already entered the US using the F1 previously, and were just outside the US on a trip, he could enter before you – but the rules for first-time use dictate that you must enter first or you can both enter together, but he cannot go first. 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 More
If this is the first time that the F1/F2 visas will be used, your son cannot enter the US before you as you are the principal F1. If you had already... Read More
Form DS-160 asks the question, “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?” While fare evasion and a fine is not a large infraction, it appears to fit within the definition of an “offense” and should be put down on the application. You can at the same time explain what happened at the time that you went through the turnstile. 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 More
Form DS-160 asks the question, “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or... Read More

Will a 3D map of New York violate architectural copyright laws?

Answered a year and 10 months ago by attorney Mr. Nickolas Spradlin   |   1 Answer   |  Legal Topics: Intellectual Property
    Creating a 3D map of New York City involves various legal considerations, particularly concerning architectural copyright laws.  while creating a 3D map of New York City that includes publicly visible buildings is generally permissible, especially under fair use for non-commercial purposes, it is crucial to be aware of specific legal nuances and seek appropriate legal guidance to avoid potential copyright infringement.... Read More
    Creating a 3D map of New York City involves various legal considerations, particularly concerning architectural copyright laws.... Read More

Employment law case?

Answered a year and 11 months ago by attorney David Shawn Rich   |   1 Answer   |  Legal Topics: Wrongful Termination
Depending on the particular facts, you may have a cause of action against your ex-employer for, among other claims, firing you in retaliation for you exercising your right to request FMLA leave.  Today, you should call an experienced New York City Wrongful Termination Lawyer about your matter.... Read More
Depending on the particular facts, you may have a cause of action against your ex-employer for, among other claims, firing you in retaliation for you... Read More

Can I petition for my mother for citizenship after I become a citizen myself

Answered a year and 11 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
If mom has permanent residency, she can apply for US Citizenship after 5 years after acqher green card. But if she obtained her green card through marriage to a US Citizen, then she can apply after 3 years. 
If mom has permanent residency, she can apply for US Citizenship after 5 years after acqher green card. But if she obtained her green card through... Read More
Many clinics can determine a DNA match from a simple swab inside the child's mouth with a a tip or test a hair sample from the child. You could also take legal action by filing a paternity case against the baby's mom and the court would then order all three of you to do DNA tests. 
Many clinics can determine a DNA match from a simple swab inside the child's mouth with a a tip or test a hair sample from the child. You could also... Read More
Ms. Austin, sorry to hear what happened to you.  The short answer is yes, you could sue the grocery store if its employee accidentally / negligently struck you in the face with a door.  If you haven't already, you should seek appropriate medical treatment to determine whether your nose is broken and take photogarphs of the bleeding / bruising.  That said, if your nose is not broken, the time and expense of a lawsuit would likely not be justified.  If you need to find an attorney, you can find many excellent attorneys using legal directories such as Super Lawyers, FindLaw, Martindale and Justia. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More
Ms. Austin, sorry to hear what happened to you.  The short answer is yes, you could sue the grocery store if its employee accidentally /... Read More
Under the rules of discovery in New York, defense counsel is entitled to obtain copies of your medical records directly from your health care providers.  A health care provider can only release your medical records, however, with a duly-executed, HIPAA-compliant authorization.  Hence the releases your attorney is having you sign the release.  It's par for the course in personal injury litigation. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More
Under the rules of discovery in New York, defense counsel is entitled to obtain copies of your medical records directly from your health care... Read More
Sorry to hear what happened to you.  If you fell at a resort in Jamaica, you need to speak with an attorney who is licensed to practice law in Jamaica, not the United States.  Try running a Google search and see what you come up with.  Keep in mind that in a slip and fall cases, you'll likely need to demonstrate that the resort either knew about the condition that caused you to slip or, in the exercise of reasonable care, should have known about the condition, and failed to clean it up. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More
Sorry to hear what happened to you.  If you fell at a resort in Jamaica, you need to speak with an attorney who is licensed to practice law in... Read More
Sorry to hear what happened to you.  Generally speaking, you cannot sue your employer for negligence.  Unless you suffered a "grave injury" within the meaning of the law, workers' compensation is your sole and exclusive remedy.  Moreover, the statute of limitations on any such lawsuit (one year and 90 days from the date of occurrence) expired a long time ago. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC ... Read More
Sorry to hear what happened to you.  Generally speaking, you cannot sue your employer for negligence.  Unless you suffered a "grave injury"... Read More
So sorry for your loss.  You can find many excellent attorneys using legal directories such as Lawyers.com, Super Lawyers, FindLaw and Justia.  That said, it appears that you already have an attorney (Jesse Weiner, Esq.).  You might want to speak with your attorney before looking for trial counsel as you can only have one attorney-of-record.  Although you can always change lawyers, the outgoing lawyer would be entitled to a fee for his work performed and to get reimbursed for his expenses. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More
So sorry for your loss.  You can find many excellent attorneys using legal directories such as Lawyers.com, Super Lawyers, FindLaw and... Read More
Yes you can still petition her. The only crimes that would disqualify you from sponsoring her would be crimes under the Adam Walsh Act which involve sexual crimes against minors. 
Yes you can still petition her. The only crimes that would disqualify you from sponsoring her would be crimes under the Adam Walsh Act which involve... Read More
Yes, you can get married to an immigrant and sponsor him for a green card, even if you are receiving Social Security disability benefits. The only condition is that you will have to have a joint sponsor file the 864 affidavit of support. This could be anybody that is a US citizen or green card holder and lives in the United States. Since there's a large age difference between you, your application will be given stricter scrutiny. Accordingly, you should retain counsel to represent you. ... Read More
Yes, you can get married to an immigrant and sponsor him for a green card, even if you are receiving Social Security disability benefits. The only... Read More

EAD for E2 visa

Answered 2 years ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Currently, E-2 spouses are not required to apply for employment authorization as that is given pursuant to status under the code E-2S. We have heard of situations in which some consulates are still giving the designation of E-2D, and CBP sometimes does not make the correction at the port of entry. In such case, your wife would have to contact USCIS for the correction. I note that some E-2 spouses choose to apply for an EAD just to have a document which clearly spells out that the individual has employment authorization. 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 More
Currently, E-2 spouses are not required to apply for employment authorization as that is given pursuant to status under the code E-2S. We have heard... Read More
You could file a child support case against him, and when the hearing judge is requested by your ex to do a paternity exam, all of you will have to take a DNA test. Once it is determined that he is not the father of the child, your child support request will be denied. He would probably make a motion to amend the birth certificate to remove his name from it based on the paternity test. ... Read More
You could file a child support case against him, and when the hearing judge is requested by your ex to do a paternity exam, all of you will have to... Read More

Internet privacy

Answered 2 years and a month ago by Stephanie Elizabeth Emanuel (Unclaimed Profile)   |   1 Answer
The most crucial step is to secure your WiFi network. Even if you're no longer with that cable company, anyone with the information in the installer contract could potentially access your network. The cable company's installer sharing your WiFi information with others is a serious breach of privacy. Contact the cable company's customer service: Explain the situation and file a formal complaint about the installer's actions. Ask for the company to investigate the incident and take appropriate action to ensure such a breach doesn't happen again. In some cases, depending on the severity of the issue and the laws in your area, you might want to consider legal action. Consulting a lawyer specializing in privacy law can help you understand your options here. I would recomend paying for a premium consultation with an attorney you trust that specialize in breach of privacy matters like myself to figure out all your options and to see if there is a financial benefit that may be able to reap from this breach of privacy incident. Looking forward to hearing from you, Good Luck.... Read More
The most crucial step is to secure your WiFi network. Even if you're no longer with that cable company, anyone with the information in the installer... Read More

I was summon to court for not payment on a credit card if I don't go can I be arrested

Answered 2 years and a month ago by Stephanie Elizabeth Emanuel (Unclaimed Profile)   |   1 Answer
No you will not be arrested but the Bank will most likely obtain a judgement against you giving them the option to enter a monetary judgement against you and recover funds in more ways you can imagine. We have dealt with clients who have been in situations like these and have helped them negotatie and settle the debt and even made it dissapare at times. I would recomend you reach out directly to an attorney to discuss the case in a premium consultation to get legal advice in how to protect yourself and your bank accounts. Looking forward to hearing from you. Good Luck.... Read More
No you will not be arrested but the Bank will most likely obtain a judgement against you giving them the option to enter a monetary judgement against... Read More

Can i get convicted of selling alcohol to a minor?

Answered 2 years and a month ago by attorney George A. Vomvolakis   |   1 Answer   |  Legal Topics: Criminal Law
This is either a violation or a misdemeanor charge, depending on which section of the law they charge you under.  A good attorney should be able to get you a plea to something minor which won't give you a criminal record.  
This is either a violation or a misdemeanor charge, depending on which section of the law they charge you under.  A good attorney should be able... Read More

How do I find the lawyers who made my mothers will ?

Answered 2 years and a month ago by Mr. John Michael Frick (Unclaimed Profile)   |   1 Answer
Usually, the name of the attorney or law firm's name appears on the Will itself, although there is no legal requirement.  You will possibly need to ask any siblings, other relatives, friends, and neighbors of your mother if they know.  Realize that the attorney who prepares a Will has no ongoing obligations after the Will is signed.  The estate-planning attorney isn't often the same attorney who is hired to probate the Will when the client dies.  Depending on how much time has passed, the attorney who prepared the Will may not remember and may not have any files or electronic information concerning the preparation of the Will.  Experienced estate-planning attorneys will not agree to retain the original of the executed Will for their client for a number of very good reasons.  For example, the client can revoke the Will by physically destroying the original any time before death.When the client dies, the family of the decedent typically locates the Will, often in a lockbox or safety deposit box, and the person named as executor/executrix then can, but is not legally required to, probate the Will.  If the executor/executrix and any alternates decline to serve, anyone named in the Will (including you), any creditor of the decedent, or any heir at law of the decedent can probate the Will.  ... Read More
Usually, the name of the attorney or law firm's name appears on the Will itself, although there is no legal requirement.  You will possibly need... Read More

how do I find an attorney who will take my case on contingency

Answered 2 years and a month ago by Mr. John Michael Frick (Unclaimed Profile)   |   1 Answer
Search for attorneys in or near your county with experience in consumer law.  See if they mention moving and storage companies in their profile.  Scroll down their profile to the section named "Payment Information" to see if they accept cases on a contingency fee.  If you don't find any, broaden your search to other potentially relevant areas of law like contract litigation, bailments, property damage, etc.  If you still don't find any, broaden the geographic area of your search.You won't be able to expand the geographic area very far considering the small size of your case.  A 40% contingency on a claim of $150,000 is only $60,000.  It is unlikely very many attorneys will be willing to travel very far for such a small fee.Unfortunately, there is no way on this platform to simply create a list of attorneys who accept cases on a contingency fee in a particular geographic area and only then scroll through the profiles to determine the attorney's areas of practice and experience.  ... Read More
Search for attorneys in or near your county with experience in consumer law.  See if they mention moving and storage companies in their... Read More

Can I start the H1B Lottery process if I am going to graduate this Summer.

Answered 2 years and a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
That depends upon whether your bachelor’s degree was earned in the US or if not, is the equivalent of a US baccalaureate degree – and whether it is related to the position that you will be sponsored for, which must be in a specialty occupation requiring a related bachelors degree. If your bachelor’s degree is not the equivalent of a US bachelor’s degree, you might be able to qualify for H-1B specialty occupation status if you had sufficient related professional work to make up for the lack of a US degree. In immigration parlance, three years of such work can make up for one year of missing education. There is even the possibility of your master schooling being added to your baccalaureate schooling to give you the equivalent of a baccalaureate degree related to the specialty occupation. If you meet those conditions, your employer can sponsor you. For FY-2025, cap H1B registration season goes from 3/6/24 – 3/22/24. If you miss this registration, you would have to wait until next year for the next round. 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 More
That depends upon whether your bachelor’s degree was earned in the US or if not, is the equivalent of a US baccalaureate degree – and... Read More

How do I find an attorney to assist with EEOC, filing a NYS human Rights complaint, and a tefap complaint?

Answered 2 years and 2 months ago by Mark B. Brenner (Unclaimed Profile)   |   1 Answer
Call the NYC Bar Legal Referral Service 212.626-7373 and ask for a referral to a lawyer who handles sexual harrassement cases.  The first half hour consultation will cost $35 payable to LRS.
Call the NYC Bar Legal Referral Service 212.626-7373 and ask for a referral to a lawyer who handles sexual harrassement cases.  The first half... Read More

Can I open a legal action against condo management?

Answered 2 years and 2 months ago by attorney Lori Nevias   |   1 Answer
You can start a shareholders derivative action against the board but it's best to get other shareholders involved- but you'd have a high burden of proof. The board is generally protected by the business judgment rule from liability for decieions such as an assessment. But if enough shareholders agree that it's outrageous you might at least be able to get better answers, and if there's actual malfeasance they could be liable.... Read More
You can start a shareholders derivative action against the board but it's best to get other shareholders involved- but you'd have a high burden of... Read More

Sue for equity interest in vehicle?

Answered 2 years and 2 months ago by attorney Lori Nevias   |   1 Answer
You definitely have an action for fraud, conversion and u just enrichment against your former future father in law. You were scammed.
You definitely have an action for fraud, conversion and u just enrichment against your former future father in law. You were scammed.

Divorce settlement says Buiding not property ,Does this matter before I sign ?

Answered 2 years and 2 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Divorce
It's impossible to answer without knowing whether the property was acquired before or after the marriage, in whose name is the title to the property, and who paid for it. It would be a bad idea to sign any divorce agreement without having a lawyer review it first. 
It's impossible to answer without knowing whether the property was acquired before or after the marriage, in whose name is the title to the property,... Read More