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Questions Answered by Rodney John Alberto
1 Answer | Asked in Estate Planning for New York on
Q: The Executor is holding my check because now he wants some items returned to him. Does he have that right?

To hold my check when all other family members get their check. His lawyer said in writing that if the Executor is satisfied with the return he will give me my check. Does he have a right to do this?

Rodney John Alberto
Rodney John Alberto
answered on May 11, 2011

It depends what you are holding. If it belongs to him and/or someone else in the estate, then he may have a right to do this. The practical matter is that he has the leverage, and for you to enforce your rights, you may need to make a motion with the court, and then your "holding"... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: What does litigation back mean? It is a term on the poor person application.

I am applying for poor person status on a Article 78. And on the application, there is a term litigation back. What does this mean?

Rodney John Alberto
Rodney John Alberto
answered on May 11, 2011

I would love to help you, but I think I am unclear as to how this question relates to immigration law. Can you be more specific? Good luck. Rodney Alberto, Esq. www.visabrothers.com, 732-200-0779

1 Answer | Asked in Business Law for New Jersey on
Q: I want to start a business that makes money fast, like Amway. Is a 'pyramid' set-up like this legal?
Rodney John Alberto
Rodney John Alberto
answered on May 10, 2011

Well, your question is a little bit hazy. Amway is a legal business, but if it is "like" Amway, there may be some differences from Amway that you propose that make it unlawful. Can you please be more specific about your precise model? If you want to maintain confidentiality, perhaps it... Read more »

1 Answer | Asked in Business Law for New Jersey on
Q: I want to import an unapproved insulin product for lab testing. What is the import procedure /required labeling? Thank
Rodney John Alberto
Rodney John Alberto
answered on May 10, 2011

I would contact the food and drug administration, and/or the appropriate business attorney that can assist you in this complicated matter. Rodney Alberto, Esq. www.albertobrothers.com, 732-200-0779

1 Answer | Asked in Bankruptcy for New Jersey on
Q: I have a court judgement for monies due against someone who is now filing bankruptcy, can i file an order to appeal
Rodney John Alberto
Rodney John Alberto
answered on May 9, 2011

if you file a motion in the bankruptcy court alleging that the debtor is trying to defraud you, then you may be able to request an exception to the bankruptcy stay or prevent him from filing bankruptcy. i would need more information. good luck. Rodney Alberto, Esq. www.albertobrothers.com,... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: How can i uptain a copy of a deportation order on my own
Rodney John Alberto
Rodney John Alberto
answered on May 9, 2011

consider doing a freedom of information act to the court that entered the order of deportation. Good luck! Rodney Alberto, Esq. www.visabrothers.com, 732-200-0779

1 Answer | Asked in Immigration Law for New York on
Q: I have a master's degree in my specialty, but I don't make 60K per year, am I still an Exempt H-1B employee?

Is my employer still required to do recruitment and displacement attestaions?Also do we have to Request prevailing wage from state Department of Labor or can we just enclose a copy of the prevailing wage from OES website?

Thank you for your help.

Rodney John Alberto
Rodney John Alberto
answered on May 9, 2011

You need to do recruitment. also, you need to do a prevailing wage request via Dept. of Labor. Good luck. Rodney Alberto, Esq. www.visabrothers.com, 732-200-0779

1 Answer | Asked in Immigration Law for New York on
Q: Do I need to file Form I290B to get approval for Adjustment of Status
Rodney John Alberto
Rodney John Alberto
answered on May 9, 2011

If you do, that means your application was originally denied. Is this the case? If it was denied, then it is likely that reopening or appealing your case will require complex legal arguments. You may need an attorney. Why was your case denied? Do you have papers? An immigration attorney would... Read more »

1 Answer | Asked in Bankruptcy for New Jersey on
Q: My eviction has been postponed til 5/9/11. I am filing a Chapter 13 tomorrow, 5/6/11. Who do I forward copies to?
Rodney John Alberto
Rodney John Alberto
answered on May 9, 2011

Your landlord, but your creditors are noticed by virtue of the bankruptcy court system.

1 Answer | Asked in Immigration Law for New York on
Q: Weekend jail in NY

If a judge sentances someone to a year of weekends in jail is that a sentance of 1 year in regards to immigration law?

Rodney John Alberto
Rodney John Alberto
answered on May 9, 2011

You really need to take a look at the order - however, often times, it depends not on the sentence imposed, but the potential maximum jail time that COULD be imposed that matters for immigration law purposes. So, in order to know the impact on immigration, we would need to know the statute you... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I am not a US citizen,I am here on F1-Visa,currently living in New york state,Is it legal for me to shoot a gun?
Rodney John Alberto
Rodney John Alberto
answered on May 9, 2011

You mean, you are looking to obtain a gun permit in New York State, even though you are not a U.S. Citizen. I would obtain a copy of the license application to see if there is any such requirement. There very well may be, but for immigration purposes, having a gun permit does not render you... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can an illegal immigrant be a model for a talent agency
Rodney John Alberto
Rodney John Alberto
answered on May 9, 2011

Probably not, because an "illegal" or out of status alien must be in status to adjust status to a different type of visa. What I'm saying is that the talent agency probably couldn't sponsor you. However, if they chose to break the law, they could hire you. Rodney Alberto,... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Me and my wife got married in DE, now she is married in NY, what can i do?now she has her green card did she break law
Rodney John Alberto
Rodney John Alberto
answered on May 9, 2011

If your wife has two marriages, and the previous one is not dissolved, then that is a problem. you may have to reopen your matter, but only after getting a divorce in NY. Or, are you saying, that she married you in DE, divorced you, and then got remarried in NY? You seem to be saying she... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If a landlord in New Jersey rents me a house that has been found to be uninhabitable is the lease void?

I rented a house. After many years of trying to get the landlord to do repairs to no avail, I withheld rent. The house was then found to contain code violations that the state of New Jersey deems uninhabitable. My landlord did not renew my lease and is boarding up the house. Now my landlord has... Read more »

Rodney John Alberto
Rodney John Alberto
answered on May 6, 2011

You may need to countersue him, indicating that rent is not due, but this would require some case law investigation and a review of the lease. I think you have a case. Good luck, our firm specializes in landlord tenant law, and your case is unique and compelling. Rodney Alberto, Esq.... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Do i need a lawyer if my landord is living ilegally in my single family rental home and isnt helping with utilities?
Rodney John Alberto
Rodney John Alberto
answered on May 6, 2011

Yes, a lawyer could formulate a cause of action to institute proceedings against him. Believe it or not, if you have a lease with him, he may be trespassing against you. You could possibly evict him. Feel free to reach out to me with more questions. Rodney Alberto, Esq.... Read more »

1 Answer | Asked in Business Formation for New Jersey on
Q: Is an association of affiliated churches considered a religious organization for the purposes of Title 16 of the NJ Code
Rodney John Alberto
Rodney John Alberto
answered on May 6, 2011

I think I would need more information to answer this question - are you applying for a benefit? My preliminary analysis is that many or most churches are part of an "association of affiliated churches." I think the definitive answer would come from if the HEAD organization that leads... Read more »

2 Answers | Asked in Business Law for New Jersey on
Q: What is the procedure to amend the bylaws of a corporation incorporated in New Jersey?
Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

Well, you need to review the bylaws to see what the procedure is. Generally, you will need to have a meeting of the board, and then have a quorum's majority vote, and then reduce the vote to writing in the form of a resolution that is adopted. Good luck. If you have further questions, you... Read more »

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1 Answer | Asked in Business Law for New Jersey on
Q: What kind of attorney for NJ Office of licensing administrative hearing

Childcare center license threatened by individual inspector's personal opinion of Manual of requirements. Center would have to fundamentally change factors that are the reasons parents choose this center over others. In dispute is whether the requirements actually ask for what the inspector... Read more »

Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

It appears that any business attorney or attorney familiar with administrative law may assist you in this hearing. An attorney would need to see your notice of violation. Changing the factors really seems like a lobbying activity, not necessarily a legal activity. But you need to argue for... Read more »

1 Answer | Asked in Business Law for New Jersey on
Q: How do i get a certified copy of the complete up to date limousine laws and or statutes for the state of new jersey?
Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

Well, you will probably find these "limousine laws" in the new jersey administrative code. here is a link. http://law-library.rutgers.edu/ilg/njlaw.php

The other thing you can do, is locate the regulatory body in New Jersey that regulates these laws, and ask them for a copy....
Read more »

1 Answer | Asked in Business Law for New Jersey on
Q: How is commercial expression distinguished by the Court from other forms of expression?
Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

An example of commercial expression is "advertising", for example.

An example of other types of expression, is religious expression, political speech, etc.

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