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Questions Answered by Rodney John Alberto
2 Answers | Asked in Immigration Law for Georgia on
Q: When convicted of misdemeanor in georgia can you be deported if legal/
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

It depends on what your criminal history looks like, and also depends on the crime, and what date you entered, and how you entered. One "small crime" may not get you deported, but if you have multiple, that makes it more likely you may be deported. More details definitely help. I would... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: On a NJ Seller's Residency Certification/exemption Form, Seller Assurances, if box 6 is checked, what does that mean?
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

this means that because the sale value of the property is less than $1k, you don't need to pay realty transfer tax, as a seller.

1 Answer | Asked in Municipal Law for New Jersey on
Q: Where can I find parking rules or ordinances on street parking in Rutherford NJ
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

You can go to www.e-code.com, or you can check out the Municipality's website. Call the clerk to see where you can find the code.

1 Answer | Asked in Municipal Law for New Jersey on
Q: Can a township zoning board send you a summons after 10 years? Is there no statue of limatations?
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

You mean 10 years after the condition first originated? Unless the condition is a pre-existing non-conforming condition (that means, enacted prior to the zoning code that made the condition illegal), then every day the condition persisted is a new violation. So, it is very possible and likely... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: What is the difference between eviction and ejectment
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

My review of a legal dictionary revealed that they are basically the same thing, probably synonyms. However, it is possible that ejectment deals with ousting someone from the possession of (vacant?) land, while eviction deals with ousting someone from the possession of a rental.

both types...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My brother and I inherited a home and he wants to buy me out. Am I obligated to pay closing costs?
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

No, you are not obligated to pay closing costs. This is something that can be worked out contractually between you two, as a point of negotiation. If you have any questions, you can reach out to me. Rodney Alberto, Esq. www.albertobrothers.com 732-200-0779

2 Answers | Asked in Estate Planning for California on
Q: As a trustee, do I need, or would it be beneficial to have a letter of testamentary?
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

Trustees do not need letters testamentary. those are given to executors of an estate. Proof of trustee identity is given by reference to an original authenticated trust document, itself. Rodney Alberto, Esq. www.albertobrothers.com 732-200-0779

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1 Answer | Asked in Immigration Law for Illinois on
Q: I have a working visa and am from Canada and was charged with a crime overseas. I was not found guilty. Can I be deporte
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

Only convictions result in deportable CRIMES.

Rodney J. Alberto, Esq. www.visabrothers.com 732-200-0779

1 Answer | Asked in Immigration Law for Illinois on
Q: DS-3032 to NVC by Email.

My wife is applicant. She live in foreign country. Petition I-130. May she send DS-3032 to NVC by Email.

Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

No, they usually only accept forms by mail with original signatures.

1 Answer | Asked in Immigration Law for New York on
Q: Will i be deported?

I was arrested for overstaying my visit visa,was detained and released with a date[yet to be mailed] to appear in immigration court,am married to a permanent resident who just passed his citizenship test but waiting for oath ceremony letter,if at all my court appearance date will be before he gets... View More

Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

well, you are currently in deportation proceedings, and so you are close to being deported. however, because you have a path to citizenship, your soon to be U.S. citizen husband, you have a chance of staying. Have you committed any crimes? You will need some assistance from an attorney, because... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: WHAT WILL HAPPEN IF A PERSON LET ANOTHER PERSON USE THIER PASSPORT
Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

that's a tough one - that would be regarded as a false claim to U.S. citizenship, which could result in very adverse immigration consequences. Can you tell me more about your situation? Rodney Alberto, Esq. www.visabrothers.com 732-200-0779

2 Answers | Asked in Estate Planning for New Jersey on
Q: In the state of New Jersey, can a Tenant in Common account have Transfer on Death Beneficieries listed for each owner?
Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

i think that is possible, but it really depends on the nature of the account and the bank's policy. a tenant in common is a 50% share, and so there is no logical reason why not.

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1 Answer | Asked in Estate Planning for New Jersey on
Q: If a person transfered ownership as a gift then passed and had no will, can the transfered property go into testate?
Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

No, it was given before he passed away. Generally, only property owned at the time of death can be part of one's estate. However, at times, individuals who may have received intestate may challenge a gift given by one's power of attorney. www.albertobrothers.com. Atty. Rodney Alberto

2 Answers | Asked in Estate Planning for New Jersey on
Q: How to update executor short certificate
Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

It is difficult to answer this question without more information. Why do you need to update the short certificate? What changed? In any event, you should call an estate administration attorney to assist you. The surrogate's office may be able to assist you. Rodney Alberto, Esq.... View More

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Can a witness to a will take under the will
Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

a witness potentially could take under the will, but it wouldn't be regarded as a "self-proving will." as such, an individual who witnesses a will and also receives under it may make it difficult to prove the validity of the will, particularly if the will is challenged and the... View More

1 Answer | Asked in Bankruptcy for New Jersey on
Q: What is notice of abandoment
Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

Notice of abandonment is issued by the Bankruptcy Trustee, basically indicating that he doesn't want to sell your property for the benefit of creditors. It's a good thing, although it sounds bad.

1 Answer | Asked in Immigration Law for New York on
Q: Do irish people with expired visa'a get deported?
Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

Anyone with an expired visa is regarded as having "overstayed." I'm assuming you are asking this because it was so "easy" for you to enter, that is, on the visa waiver program. In fact, those on the visa waiver program waive their rights to "fight" deportation... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: FINANCIAL EVIDENCE??

I sent a visa application and NCV email saying that I'm missing some info about financial evidence, I don't know what's financial evidende is, don't know what kinda of papers to send.

Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

It is difficult to assess your question without knowing what kind of petition you are applying for. I'm assuming they are requesting evidence of the petitioner's ability to pay for the alien OR they are asking for the alien's ability to finance their trip or stay in the united... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: AM I GETING GREEN CARD SOON.HOW LONG IT WILL TAKE. THANK U.

Your Current Case Status for Form I687, APPLICATION FOR STATUS AS A TEMPORARY RESIDENT

Your Case Status:

Card/ Document Production

Card/ Document Production

On November 22, 2010 we mailed the document to the address we have on file. You should receive the new document... View More

Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

It appears you made an application for a "temporary resident" - however, a green card application is form I-551, and the application is called an "application to adjust status" form I-485. In other words, a green card resident is a "legal PERMANENT resident." Rodney... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: My boyfriend is illegal. If he joins the military will he be legalized? Is there another way to legalize him?
Rodney John Alberto
Rodney John Alberto
answered on Apr 26, 2011

A great deal of this answer depends on how your boyfriend entered the country. Did he enter without inspection? His education level may also matter and whether he's received a petition prior to April 30, 2001. If you are a Citizen, you could marry him, and petition him, as well. However,... View More

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