Massachusetts Questions & Answers by Practice Area


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Massachusetts Questions & Answers

Q: Hi. i stayed over 6 months in US by B1. i get US in Nov7, 2013 and left Nov5, 2014. My fiancé in US. How we can marry?

1 Answer | Asked in Immigration Law for Massachusetts on Feb 25, 2015

Answered on Mar 2, 2015

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Camlinh Nguyen Rogers' answer
The stated facts create a complex case. Complete contact form at http://aba-us.com/contact/?lang=en to learn how we proceed with your case. Good luck.

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Q: I'm a stay at home mom who hasn't worked in 4 years. My husband wants a divorce, my child attends school from 9-12.

1 Answer | Asked in Family Law for Massachusetts on Jan 20, 2015

Answered on Feb 12, 2015

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Miguel Nieves' answer
You should receive some type of support. This is a great forum for general legal questions. However, it sounds as if you will need more detailed assistance. You should contact an experienced family attorney in your area to discuss your case.

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Q: My 19 year old son is no longer going to College and recently moved out of his mother's house and got an Apt.

2 Answers | Asked in Family Law for Massachusetts on Feb 11, 2015

Answered on Feb 12, 2015

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Miguel Nieves' answer
You should file a Complaint for Modification immediately if your son has moved out of the custodial parent's home permanently. It is likely he is now emancipated. However, if he moves back with the custodial parent and/or continues with college he may become un-emancipated again.

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Q: Can I apply for the citizenship now if I became a permanent resident in January 2012 (almost 3 years, short of 3 months)

1 Answer | Asked in Immigration Law for Massachusetts on Oct 14, 2014

Answered on Feb 7, 2015

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Tanvir Joshi's answer
Disclaimer: The following advice is for informational purposes only and should NOT be relied on as legal advice. No attorney-client relationship is formed through these questions and answers. Check our website http://www.joshilawfirm.com to contact us and discuss your case in detail.

Did you became permanent resident through marriage?

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Q: Can an illegal immigrant succeed in getting a child support order against a legal resident? s s

1 Answer | Asked in Immigration Law for Massachusetts on Nov 13, 2014

Answered on Jan 30, 2015

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Miguel Nieves' answer
The court will not take into account your immigration status. You should file you complaint for child support immediately.

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Q: I-485 - Have you ever knowingly committed a moral turpitude crime without being arrested?

1 Answer | Asked in Immigration Law for Massachusetts on Jan 26, 2015

Answered on Jan 30, 2015

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Miguel Nieves' answer
Was this a criminal or civil matter? It would be best to run a CORI to see exactly what happened in that case and see if there is any other record. You should also get a complete copy of the file from the court in which you appeared and take the copy to an experienced immigration attorney. You will need a certified copy of the disposition as well.

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Q: Can i move out of the house before divorce

1 Answer | Asked in Divorce for Massachusetts on Dec 5, 2014

Answered on Jan 30, 2015

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Miguel Nieves' answer
You can certainly move out of your home whenever you want. However, there are numerous considerations you have to take into account. You have not provided much information. Are children involved? Is the home owned or rented? Who will pay the utilities? Are they in your name? Will you contribute to the mortgage/rent once you move out if your wife cannot afford it?

You would be best served to speak with a divorce attorney to discuss your options.

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Q: Will the court order a freeze on my husbands assets while we are in separation? and by law he can not remove his 401 k

1 Answer | Asked in Divorce for Massachusetts on Jan 9, 2015

Answered on Jan 30, 2015

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Miguel Nieves' answer
In every divorce action, an automatic restraining order becomes effective against the plaintiff upon the filing of a complaint, and against the defendant upon service of the summons and complaint on the defendant.

To paraphrase, the order prevents:

1. Either party from selling, transferring, encumbering, concealing,assigning, removing or disposing of any property belonging to either party, except:

o As required for reasonable expenses of living;...

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Q: If my mum was born in usa.and left when she was 3 years oldwould I her daughter.have claim to usa citizenship..

1 Answer | Asked in Immigration Law for Massachusetts on Dec 6, 2014

Answered on Dec 8, 2014

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Stephen Baird's answer
You should consult with an experienced immigration lawyer about the specifics of your situation, but as a general matter children of US citizen parents can acquire citizenship at birth even if they are born outside of the US. In order to claim their US citizenship, these children must apply for a Certificate of Citizenship. Whether or not you are eligible to do this will depend on the specific facts of your situation, and is something that can't be answered through brief online inquiries like...

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Q: I have twu DWI's but haven't had a license in ten years, can I get my license back without getting a breathalyzer instal

1 Answer | Asked in DUI / DWI for Massachusetts on Aug 24, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
Getting your license back depends on a number of factors that I am not aware of at this point in time. The thing to do is confirm with your local DMV/DOL why your license is suspended or, alternatively, what is needed to reinstate your privilege to drive. Many States will require you to install an ignition interlock device for a period of time if you want to drive but will permit the driver to not install the device so long as he/she is not driving. However, many States now require you to...

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Q: I am deeply concerned about what appear to be serious improprieties with my mother's estate. She has alzheimers and is

1 Answer | Asked in Probate for Massachusetts on Jul 12, 2014

Answered on Jul 13, 2014

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Charles Snyderman's answer
This is too complicated to answer on this site. I recommend that you consult with an attorney where you live.

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Q: My boyfriend had a dog he kept between myself and another woman he dated. I have vet papers and so does she.who can get

1 Answer | Asked in Animal / Dog Law for Massachusetts on May 19, 2014

Answered on May 19, 2014

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Charles Snyderman's answer
In Rhode Island, if a dog's certification of registration is in the name of one person, there's a presumption that that person is the owner. That presumption can, in some cases, be overcome by other evidence. For example, there might be evidence of a gift. Other factors are ownership of the mother, possession, and control. I cannot imagine the attorney general making the ultimate decision. That is why there are courts.

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Q: I own the registered trademark #78284503 Fairway Franks. Someone is selling a domain with that name. Legal or not?

1 Answer | Asked in Intellectual Property for Massachusetts on Sep 1, 2012

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
it would be illegal if the owner of that domain uses it in connection with products/services similar to those in connection with which you registered your trademark; selling a domain with that name is not illegal per se

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Q: Is it copyright infringement to publish a website that does almost the same thing as a current site?

1 Answer | Asked in Intellectual Property for Massachusetts on Aug 23, 2012

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
it is not a copyright infringement as long as you use your own original language/text to describe the functionality; it may, however, constitute a patent infringement if the functionality is patented by the owner of that website

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Q: What can I do once I have realized that I have written about my 'invention' on my blog - describing it.

1 Answer | Asked in Patents for Massachusetts on Mar 9, 2013

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
You need to contact a patent attorney to determine if you can move forward with patenting your invention. That would depend on the scope of your blog post disclosure as compared with your invention. I would be glad to help you with your patent needs.

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Q: I want to get a trademark in the USA. What is involved?

1 Answer | Asked in Intellectual Property for Massachusetts on Oct 10, 2012

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
It would involve conducting a trademark clearance search to make sure your trademark is available for registration. Then you would need to prepare and file a trademark application at the United States Patent and Trademark Office. I would recommend contacting an intellectual property attorney who can help you with your trademark needs. I would be glad to help you as well.

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Q: Are there copyright laws around making video tutorials about how to use Microsoft office? I can't find any info on it

1 Answer | Asked in Intellectual Property for Massachusetts on Dec 7, 2012

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
When you create a video tutorial, you will get a copyright protection immediately upon creation of the work; you can register it with a copyright office.

One thing that you should be careful about is using the Microsoft or Microsoft office trademarks when advertising your services or products. You can contact me at your convenience for a consultation on this issue.

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Q: How can i copyright my stage name?

1 Answer | Asked in Intellectual Property for Massachusetts on Jan 3, 2014

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
You can federally register a trademark for your stage name in connection with services and/or products that you provide/offer. You can contact me for a free consultation with regard to trademarking your stage name.

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Q: Need Free legal aid re:bankruptcyWe have a combined debt of apprx. 95K in c.card debt only. We used balance transfer

1 Answer | Asked in Bankruptcy for Massachusetts on Apr 4, 2013

Answered on Feb 3, 2014

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Andrew Bresalier's answer
A: Fees vary case to case based upon the amount of work required. Chapter 7 cases generally start at $1,500 for an experienced Bky atty. Chapter 13 cases start at about $2,500. Some attorneys, like myself offer specials and discounts. The Filing fee for a Chapter 7 is $306, for a 13 it is $281. If you cannot afford such a fee, you should speak with your respective county's bar association about a Pro Bono program.

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