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Massachusetts Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: How can I forgo my O3 status in order to use employment authorization that comes with TPS

Hi, I am currently in the US on a J2 visa (my husband is J1). We are in the process of switching to O1 (husband) and O3 for myself. In addition TPS has been extended for my country till June 2025. O3 does not offer any possibility of employment. I will like to apply for TPS so that I can be... View More

James L. Arrasmith
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answered on Nov 19, 2023

In your situation, it's important to understand that holding O3 status and applying for Temporary Protected Status (TPS) are independent processes. If you are granted TPS while on an O3 visa, you have the flexibility to choose which status to maintain. TPS comes with employment authorization,... View More

1 Answer | Asked in Internet Law, Contracts, Civil Rights and Communications Law for Massachusetts on
Q: Can an owner of an airbnb house release video of a famous person who is on the porch of the home on to the internet?

There is a video of Bill Belichick at a home shirtless going viral on the internet. Would he have civil recourse against the person who released it if the person was the owner of the home that rented it to him or another person? He comes out of the home and remains on the porch for the duration of... View More

James L. Arrasmith
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answered on Nov 18, 2023

If an owner of an Airbnb releases a video of a famous person, like Bill Belichick, who is on the porch of their rental property, the legal implications can be complex. The release of such a video may raise issues of privacy. In general, individuals have a reasonable expectation of privacy in... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husband is applying for O1: Should I apply for O3 (without possibility of being employed) or apply for TPS?

Husband and I are from Cameroon. We are currently on J1 (him) and J2 (myself) visas. He got an offer for a new job that is sponsoring his O1 visa. I would be getting an O3. We will be filing the O1/O3 visa applications by end of November 2023. Meanwhile TPS has been extended till June 2025 for our... View More

James L. Arrasmith
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answered on Nov 18, 2023

Deciding between TPS (Temporary Protected Status) and an O-3 visa depends on your immediate needs and long-term plans. TPS allows you to work in the U.S. with an Employment Authorization Document (EAD), but it is temporary and dependent on the continued designation of Cameroon for TPS.

If...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Do I have legal status after travel abroad with advanced parole? . Now im paroled into the US.

I was in court proceedings in Boston and court was closed. I was waved in into the US back in 2006 but didn't get a passport stamp. Suddenly, i was in court! They said that i said I entered illegally but is not true.

My son petitioned me in 2018. I submitted my AOS then. After court... View More

James L. Arrasmith
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answered on Nov 18, 2023

Being paroled into the U.S. after traveling with advanced parole generally means you are in a period of authorized stay, but it does not in itself confer legal status. Your status is dependent on the progress and outcomes of your immigration applications and petitions.

If your Adjustment of...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Will I be eligible for derive citizenship my Grand mother filed for me in 2003 at age 16 she passed away 3 yrs ago?
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answered on Nov 18, 2023

Eligibility for derived citizenship in the United States can be a complex matter and depends on various factors, including your age, your relationship to the U.S. citizen relative, and your immigration status. In general, derived citizenship through grandparents is not commonly provided under U.S.... View More

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Will I be eligible for derive citizenship my Grand mother filed for me in 2003 at age 16 she passed away 3 yrs ago?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 17, 2023

Children under the age of 18 automatically gain U.S. citizenship by law (derivative US citizenship)when the following 3 conditions are met:

* The child holds U.S. lawful permanent resident status, commonly referred to as being a “green card” holder.

* At least one of the...
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1 Answer | Asked in Civil Rights, Criminal Law and Traffic Tickets for Massachusetts on
Q: I just asked the last lawyer about how I go followed bye mass state police I will not pay you firm or show video til a h

I have a lot more information I just need to talk to a human being you'll find out

James L. Arrasmith
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answered on Nov 12, 2023

If you believe you have been unfairly followed by the Massachusetts State Police and have evidence to support your claim, it is important to consult with an attorney who can provide personalized legal advice. You can reach out to local law firms that handle civil rights or criminal law cases. Many... View More

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: Does one have to disclose an entry in the Domestic Violence Record Keeping Sys when applying for a firearms permit?

More than 15 years ago, my oldest daughter lied to Judge Ross in Orange, MA, District Court and obtained a 209A order against me. It was never violated. Judge Ross vacated the order upon my motion after learning that my daughter had lied. I do not have a probation record. I understand that I do... View More

Brian Waller
Brian Waller
answered on Nov 6, 2023

You could request a CORI or CARI report before applying for an FID card so you know what is there. In all likelihood, unless the 209A restraining order was vacated by the judge and the judge ordered the records removed, it would likely appear on your report. I would suggest speaking with an... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: is the FBI allowed to use investigaitonal drugs on the people they investigate?
T. Augustus Claus
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answered on Nov 1, 2023

The FBI is prohibited from using investigational drugs on the people they investigate. This is because investigational drugs have not been fully tested and approved by the Food and Drug Administration (FDA), and their use could pose a serious health risk to the subjects.

Unfortunately, due...
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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Hi. Can my partner quitclaim deed his property to me or change it to joint tenancy? He has a mortgage in the property.

Thank you in advance

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 1, 2023

Generally mortgages have terms that a transfer of the property can calls the promissory note in or due to be paid, called a "due on sale " clause, but the owner can contact the mortgage holder and inquire about adding you as an owner and their preferred mechanism to do so with regard to... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: My solar panels have been damaged by rodents. Company says warranty does not cover damage.

I have a question about my solar warranty. The system was installed in 2017 and is still under warranty. Squirrels (presumably) have built a nest and chewed some of the connections under one of the panels, but the company says their warranty does not cover this damage. I think the company... View More

Christopher Tolley
Christopher Tolley
answered on Oct 31, 2023

After a brief check I was unable to find any state regulations governing solar installers or installations. They may exist. Can you call your local building inspector and ask if there are any such regulations or regulations that would generally apply to correctly securing equipment from animal... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: If I’m out on maternity leave and get another job to start after my leave ends without going back to original(see below)

employer, is that an issue? will I be sued by the state of MA for back wages or is it up to the discretion of my original employer?

T. Augustus Claus
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answered on Oct 26, 2023

If you're on maternity leave in Massachusetts and accept another job to start after your leave without returning to your original employer, it could have legal implications. Your specific situation depends on your employment contract, state and federal laws, and your employer's policies.... View More

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Massachusetts on
Q: On Massachusetts probation with no condition about drug testing I have a medical weed card in state can I still smoke
Dakota Martin
Dakota Martin
answered on Oct 26, 2023

If there are any conditions about remaining drug and alcohol free, that could be a problem. Otherwise your activity appears perfectly legal and for a purpose. You should speak to your PO directly if you still have concerns. It goes without saying that they'll probably want to look at your... View More

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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Massachusetts on
Q: On Massachusetts probation with no condition about drug testing I have a medical weed card in state can I still smoke
T. Augustus Claus
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answered on Oct 26, 2023

In Massachusetts, having a medical marijuana card allows you to use medical marijuana for approved medical conditions. However, if you are on probation, it's essential to consider the specific terms of your probation. While there may not be a condition about drug testing, probation typically... View More

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1 Answer | Asked in Employment Law for Massachusetts on
Q: I worked for General Dynamics in Quincy, MA for 10 years in 1970's. Am I still eligible for a pension?

I am 71 years old and deaf. I could really use the money. Someone recently told me I am eligible for a pension.

T. Augustus Claus
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answered on Oct 25, 2023

To find out if you're eligible for a pension from your past employment at General Dynamics in Quincy, MA during the 1970s, please contact the company's pension or HR department. They can provide you with the most up-to-date information about your pension eligibility and guide you through... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Im renting a studio apartment and landlord sold the house, we have a month to month lease he told us we have to move

He told us in less than a month that we have to move out. We (couple) don’t have no where to go.

We have live here for over 2yrs , rent always on time.

We have not received a vacate letter.

James L. Arrasmith
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answered on Oct 23, 2023

In Massachusetts, if you're on a month-to-month lease, the landlord must provide you with a written notice to quit at least 30 days or one full rental period in advance, whichever is longer. If you have not received a written notice to quit, your landlord's verbal request is not... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I get a fiancé visa with a domestic and not enough income?

I can get my mom to co sponsor or her aunt who lives in America as far finances go I only get ssi. But for my criminal record I was charged with sexual assault and domestic. My ex told the police I slapped her and pressured her into sex when she didn’t want. This was 10 years ago. I pleaded... View More

James L. Arrasmith
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answered on Oct 22, 2023

Under U.S. immigration law, there are various factors that can impact your ability to petition for a fiancé visa. Regarding the income requirement, if you do not meet the financial criteria, a joint sponsor, like your mother or the fiancé's aunt, can help meet the Affidavit of Support... View More

2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

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answered on Oct 24, 2023

If someone has applied for a trademark registration with the USPTO using a mark you designed without your permission, you may have rights to challenge the application or subsequent registration. First, having proof of your original design, such as digital prints and email correspondence, is... View More

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2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 22, 2023

The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.

If the design you created is being used on merchandise or related materials such as advertising,...
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1 Answer | Asked in Collections for Massachusetts on
Q: If a magistrate orders you to pay an amount by a certain date or he will hold you in contempt and you send in paperwork

Showing wife is under Massachusetts income protection law and your indigent can the magistrate still hold you in contempt?

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answered on Oct 20, 2023

If a magistrate orders you to pay a specific amount by a certain date, and you submit paperwork showing that your wife is protected under Massachusetts income protection laws and that you are indigent, it's possible that the magistrate may reconsider the order. Magistrates often have the... View More

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