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Massachusetts Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: My n400 got denied and I need some more advice

I applied for n400 about a year ago and got denied on grounds of not being in the same state with my husband. We were both in school then. Now graduated and living together happily and wanting to reapply again. Any advice will be great

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Mar 2, 2022

You may reapply for naturalization in the United States filing a new form N-400 but I strongly suggest you do not do it on your own and consult to fill out prepared the form and submit all the bona fide proofs of your current marriage with a licensed Immigration Attorney.

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: Can wife’s ex-husband just stop paying child support and decide what he’s going to pay? In MA

He said he’s going to stop paying for 21 year old who is going in to her 5th year of full time college. She still resides with us and we pay a 99% of her expenses. He said he’s going to cut child support in half because the have two children. He said he went to lawyer and because he has two new... Read more »

Brian Waller
Brian Waller answered on Mar 2, 2022

The ex-husband can't unilaterally make changes to child support, no matter the reason. It can only be done via a court order. That court order could be the result of a written agreement by the parties to make changes or from a judge after a hearing, but the ex would be in contempt if he just... Read more »

1 Answer | Asked in Uncategorized for Massachusetts on
Q: I’ve been summoned to court for false insurance claim and attempt to commit a crime.

I was never paid money for this claim and it was closed in 2020. Is there a way to get out of going to court

Tim Akpinar
Tim Akpinar answered on Feb 27, 2022

A Massachusetts attorney could advise best, but your question remains open for two weeks. Insurance fraud does not require the underlying acts culminating in payment; it could be based on the representations made in filing the claim. This is something on which a Massachusetts criminal defense... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Massachusetts on
Q: Can your tourist visa be taken away if you stay 4 months in the United States?
Giselle M. Rodriguez
Giselle M. Rodriguez answered on Feb 26, 2022

Good Afternoon:

This depends on your individual circumstances and on your immigration history.

In general, the period of authorized stay in the United States on a tourist visa is 6 months, but always verify the actual stamp on your passport because it is there where you will be...
Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: My husband lives in Texas and I live in Massachusetts. The original intent was he was coming back.

Many things have transpired to get him back to texas( he was born there)

Once there we realized many secrets linked to his dad who has since died.

We are done. Best place to file

I am on disability living with my 83 y.o. parents

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 23, 2022

If he lived in Massachusetts prior to moving to Texas and you have been living here in Massachusetts, the County for the city or town where you ( and he ) were living would be where the divorce would be filed.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: You I am on STEM opt cap gap, can I transfer H1B visa before October 1??? Provided I get H1B approval notice in may???
Duo Liu
Duo Liu answered on Feb 22, 2022

This is not an accurate question. You need to provide more facts to get an answer. In order to get an answer for you, I may ask 1) has the H1B been filed? If so, when was it filed? If not, when will it be filed? 2) Is premium processing required for the H1B petition? 3) What date was put as... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can a veterinarian on a j2 visa volunteer in an animal shelter without work permit
Duo Liu
Duo Liu answered on Feb 21, 2022

It depends, but most likely the answer is yes.

Employment authorization may not be required when the work performed can be considered volunteering as defined by the USCIS. J-2 dependents cannot be unpaid volunteers in positions where others receive compensation to perform the same services....
Read more »

2 Answers | Asked in Divorce, Child Custody and Military Law for Massachusetts on
Q: Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?

I am financially dependent on my husband. I want to leave. I have $500 SSDI a month. He is military active duty but stationed close by. We have two minor children.

Philip D. Cave
Philip D. Cave answered on Feb 22, 2022

If he is military, he is required by military law to "support his dependents."

Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the...
Read more »

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1 Answer | Asked in Divorce for Massachusetts on
Q: Need to file for divorce wife committed adultery and marriage can't go forward currently I'm not employed and in need of

legal services,

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 15, 2022

Divorce includes analysis of various statutory factors for support and property and debt division. Length of marriage, ages of the parties whether there are children and their ages, the extent and source of assets, comparative income and ability to earn and acquire future capital are among the... Read more »

1 Answer | Asked in Business Formation and Trademark for Massachusetts on
Q: Do I have to get a license to use the Red Sox B Service Mark in order to use it as a small part of my business name/logo

The Red Sox ‘B’ Service Mark, while used almost exclusively by the Boston Red Sox, is more closely aligned with representing the city of Boston as a whole… my business name utilizes the term BOSSTOWN, and I would like to use the ‘B’ Service Mark for the B in BOSSTOWN. The two businesses... Read more »

Michael Ray Smith
Michael Ray Smith answered on Feb 12, 2022

I see that you posted your question not only under Business Formation but also under Trademark. That's good because you need the advice of an intellectual property lawyer, someone who practices trademark law regularly. There are a number of factors to consider. Depending on the answers, the... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If I want to create a common driveway

I have 3 ANR lots. I want to sell the lots, but two lots are restricted by topography such that I can't put driveways on each lot. The Town zoning bylaw doesn't address common drives at all. Are they then allowed by right? There are several others in the Town already. The lots are in MAssachusetts

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2022

Hire a competent attorney to draft and record a Joint and Mutual Use Easement that encumbers all three lots. It would be better to survey the Joint Easement and use that legal description, but it is not required.

2 Answers | Asked in Consumer Law, Contracts and International Law for Massachusetts on
Q: Marriott hotel sublet the event hosting time slot paid my me to another party. Want to sue Marriott.

Marriott hotel in Kolkata, India was booked by us for a day to host my brother's marriage. Marriott sneaked in two more parties in our time slot before our events began and hence we could not decorate our event properly since other parties were still present. The time slot assigned to us was... Read more »

Christopher Tolley
Christopher Tolley answered on Feb 7, 2022

Where did you sign the contract, in the US or in India? What does the contract say, (the terms and conditions may be online) do Indian or US laws apply? You can always write a demand letter to Marriott in the US. he worst they can do is say no.

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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: How do I get help writing a proper pre-trial memorandum & a lawyer to attend a scheduled pre-trial date with me?

I just need someone to hear me out, please. I need help.

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Feb 7, 2022

Use an LAR attorney. Below is a full explanation of how it works. It gives you an opportunity to hire an attorney for just one or two things. Check it out at:

https://divorcingoptions.com/Handouts/Limited_Representation_PDF_Handout_Version.pdf

Q: I sell a product that I DIY, meaning the product existed already and was popular and more known in the 80s-90s.

Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well.... Read more »

Stephen E. Zweig
Stephen E. Zweig answered on Feb 1, 2022

I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can i get charged with theft by deception if person giving me money feels like im using them?
Lissa McKinney
Lissa McKinney answered on Jan 29, 2022

Well it really depends on what the shape of the "using them" looks like, and how much it smells to the police or Court issuing the process. It is almost too easy to initiate criminal process , but that does not mean it will be viable all the way to a jury trial. Here the context and any... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I be evicted for only owing January's rent? I just got a 14 day notice. I don't owe any rent except for January's.

Today is only the 27th so how is my landlord able to evict me. And he is only did this because I told him I wanted things fixed and I was not going to pay rent until they are fixed. My electric and gas is connected to his illegal apartment on the 3rd floor. The 1st floor is 122 and my apartment is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 28, 2022

This is really a Landlord tenant issue ( an area of legal practice specialization )and not strictly a real estate question. It sounds like you have defenses to non-payment of rent due to non-repair and that there are significant health and building code violations where the City of Town should be... Read more »

1 Answer | Asked in Consumer Law, Contracts, Collections and Lemon Law for Massachusetts on
Q: If I have a duplicate title to my vehicle and the spot for lien holder is empty could there still be a lien on my car?

The rmv website says no lien holder and on my title it only says my name and information nothing about a lien holder could there still be a lien holder on my vehicle?

Christopher Tolley
Christopher Tolley answered on Jan 28, 2022

If this is a passenger vehicle, according to Massachusetts law, if there is no lienholder on the title, the secured party's interest, if any , has not been properly perfected and there is no lien on the vehicle.

1 Answer | Asked in Social Security for Massachusetts on
Q: ive been in the united states for 12 years ive done every level of education here is there any way that i can get a SSN

I've done elementary middle school and highschool here in Massachusetts it just doesn't feel right that i still don't have my social security number

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 26, 2022

If you are a U.S. citizen, you can apply and get a Social Security number. For a foreign born U.S. citizen, Social Security will accept certain documents as proof of U.S. citizenship when you apply for a Social Security number, including:

- U.S. passport;

- Certificate of...
Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Wife filed for divorce in 2019. What to do to finalize divorce? Husband pays child support for 2 kids

My friends wife filed for divorce, 1B. For covid reason, all hearings were postponed. They had only one zoom hearing 6.06.2021. Judge's decision was for them to get agreement and to provide a paper how they both are going to care of kids. Judge gave them 30 days. Until now wife did not respond... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 20, 2022

If the children are unemancipated or minors then there would be child support anyway. The real point is you want to conclude your divorce. You have not stated what type of hearing you had via Zoom. It could have been a pretrial conference and perhaps a trial date is next. Really you seem to need... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: My sister i-130 priority date is 10/18/2011. Can a lawyer help to find out the case status? Thank you!
Giselle M. Rodriguez
Giselle M. Rodriguez answered on Jan 19, 2022

Hi - thank you for your question. The case status would depend on who petitioned for your sister and the country.

The below links might be helpful for you:

1. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-january-2022.html...
Read more »

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