New Jersey Recent Legal Answers from Lawyers

Thank you for reaching out with your concerns regarding your upcoming travel. As a Green Card holder, maintaining your residency status and understanding the rules for international travel are vital. This is a situation where the distinction between "traffic law" and "immigration law" is very important. While traffic violations are usually civil matters, anything involving a court date or a suspended license can feel risky for a Lawful Permanent Resident (LPR). Important Points to Consider: Most traffic tickets (speeding, stop signs) are civil infractions, not crimes. Immigration officers at the airport are primarily looking for criminal convictions, specifically those classified as "Crimes Involving Moral Turpitude" (CIMT) or aggravated felonies. Generally, a suspended license for unpaid fines does not fall into these categories. The biggest danger for travel with a pending case is a Bench Warrant. If a person misses a court date, a judge might issue a warrant for their arrest. CBP officers see active warrants immediately when they scan your passport. Since you say the judge moved the date to April 2026, there should not be a "Failure to Appear" warrant on your record—but you should verify this with your traffic attorney before leaving. Because your case involves a specific timeline and a pending court case in 2026, we strongly recommend that you Schedule a Free Consultation with us. This will allow us to provide personalized legal guidance specifically tailored to your situation to ensure your return to the U.S. is successful. DISCLAIMER: Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read More

For I-131/ I-765 applications filed after the I-485 has been filed, the proper address depends upon your home address as designated in the USCIS lockbox filing locations chart. The chart goes by your location rather than the three letter prefix of your receipt number. 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

The answer to this may be in the wording of your divorce agreement. If the wording is silent about how to address this issue, and both of you are not able to come to an agreement as to the amount he would receive, it would have to be left up to the court to decide after making an application to the court on this issue. As a first step, I would suggest having your agreement reviewed by an experienced family law attorney to discuss the language, and what your options are.... Read More

The question pertains to your mother or father as applicants for N-600 certificates for citizenship obtain such through a parent or parents who are US citizens. Part 3 asks for information concerning the US citizen mother or father, and the question that you are uncertain about only asks whether that parent’s current husband or wife is your other parent. So, if the answer is that the US citizen mother or father named in part 3, item 1, is your other parent, then the answer is yes – otherwise no. If yes, you would skip item 10 and go directly to part 4. If no, you would fill in item 10 with your US citizen mother or father’s current spouse. The form does not appear to be well designed, but we assume that if the US citizen parent is not married at this time, you should skip items 9 and 10 altogether. 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 there is a court order in New Jersey governing visitation or parenting time, both parties are legally obligated to follow its terms—even if one believes the other is acting improperly. Unilaterally denying visitation or communication in violation of a court order can potentially result in contempt proceedings or negatively impact your own custodial rights. That said, if you have a good faith belief that your child's safety is at risk due to unauthorized individuals being present during visits (especially where there has been deception and an instruction to your child to "keep secrets"), you may be justified in seeking a modification of the existing order. However, this must be done through the court, not by self-help. You should strongly consider consulting with a New Jersey family law attorney to review your specific order and discuss your legal options, which may include filing an emergency application or motion to modify or suspend visitation. While I am an appellate lawyer in Maryland, I often advise clients that taking the proper procedural steps through court is the best way to protect both your rights and your credibility before the judge.... Read More

For green card holders, it is generally safe to travel although there is currently extreme vetting at the borders and airports by Customs and Border Protection (CBP) officers. If permanent residents have had anything in their backgrounds that could raise a flag with CBP, however, they may think twice before taking a trip. 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

We have many EB-1A applicants who make their applications from outside the US and are successful. Being in the US is not required for such an application. Being employed in your field of expertise at the time of application is not a strict requirement, but is a factor. Emphasis in an EB-1A case is on whether the individual can prove that he or she is an alien of extraordinary ability. 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

As you probably know by now, Syria is on a list of 43 countries that the Trump administration wants to stop or lessen travel from. Syria falls within the red countries with a total ban. The travel ban is expected soon with full details. It is unknown at this time whether the ban will include permanent residents. I suggest that you wait until more is known about the travel ban. In addition, please note that the Trump administration has increased vetting at all ports of entry, especially targeting those critical of the Trump administration and Israel. 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

You should probably wait out the process if you wish a life in America. Although there is no guarantee that the waiver will be approved, being married to a US citizen for eight years usually provides grounds to satisfy the hardship requirement of an I-601 application. Having a good lawyer to assist in preparing the application also usually helps. 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

You are not on H-4 as that application has not been approved. So for purposes of filling in current status on the I-765 form where it requests current immigration status, you should fill in H-1B as that visa status is the one that you are holding at this time. 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

It is difficult to know what your qualifications are to stay in the US without more. Marrying a DACA recipient does not give you the right to live with him in the States. I suggest that you seek a consultation with an immigration lawyer who can go over your options. 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

It's difficult to know exactly when the staute of limitations has run on your potential claims without knowing more details about your situation.  Since the theft occurred so long ago it's likely that staute has run unless you can show that you only recently learned about the theft through not fault of your own.  ... Read More

In New Jersey, a child becomes an adult at the age of 18, and all parental rights transfer to the child upon reaching this age of majority. Once you're 18, your parents cannot make any legal decisions for you. This includes where you want to live, whether you want to go to school, where you want to work, or who you date. Teenage years can be a very challenging and confusing time. Just know you're not alone in your predicament. Many of us faced these issues when we were your age. Be strong and have faith. A year goes by fast and then things will most likely improve.  Good luck! ... Read More

A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US legally. This is despite that both are or will be in overstay status. It is not uncommon that the checks for USCIS filing fees have not been cashed after 30 days. There are many backlogs at most field offices so remain patient. ... Read More

An individual who enters the US on an immigration visa is a permanent resident upon entry. The stamp on the passport given by CBP at the airport is the confirmation of resident status. Therefore, although I do not know tax law, I believe that you should be filling out “resident alien”  as you are a permanent resident regardless of whether you have yet to receive the physical card. 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

You can file a visa petition for your spouse whether or not she changes the name on her passport. She is allowed to use her new married name. Consider working with an immigration attorney. There are many forms and documents to file. Case processing could be delayed if mistakes are made. Some of us charge an affordable flat fee to handle the case from start to finish. ... Read More

Judges rule all in comp and depending on who Judge is and Respondent Counsel is goes long way to resolve case or never get resolution of case or trial until seasons come and go and elections come and go.   You should discuss this with your Lawyer.If he is seasoned Comp Attorney he may explain that is what going on.... Read More

Your mother is her own person and I imagine that she will do whatever she wishes concerning her own immigration status. You are not liable for the actions of your mother unless you are conspiring with her to have her come and stay illegally in the country. The immigration laws do not assign any form of penalties against relatives in cases like the one you describe. 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

A US Citizen child over 21 can sponsor Mom if she entered the US with permission even though Mom becomes out of status. However, Mom has to tell the truth that she only wants to visit the US and return home when her visit is complete. If Mom changes her mind and wants to stay permanently after she arrives then that is permissible but she has to tell the truth. ... Read More