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Questions Answered by Jamie B Hernan

1 Answer | Asked in Immigration Law for Georgia on

Q: My husband just immigrated to the US. We were married over 2 years when he was approved. Rec a 2yr CR1 not 10yr?

According to the USCIS website if we are married over 2 years at the time of approval he should receive a 10 LPR green card. I get the runaround when I call them.

Jamie B Hernan answered on Jul 15, 2012

You should contact an experienced immigration attorney who can assist you in the process, review all of the facts of your husband's case and advise you more specifically about what should have happened and what can be done for him. Many immigration attorneys like myself offer free... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: Is having a fake check considered 1st degree forgery?

Jamie B Hernan answered on Jul 14, 2012

The Georgia Code section that describes the elements and penalties for forgery is 16-9-1. You can view the Georgia Code online at http://www.lexisnexis.com/hottopics/gacode/. However, please be aware that the law was recently changed by HB 1176 with an effective date of July 1, 2012. The new law... Read more »

1 Answer | Asked in Car Accidents for Georgia on

Q: What is police procedure/protocal to investigate a fatal automobile accident?

Jamie B Hernan answered on Jul 14, 2012

The police usually spend a great deal more time investigating a fatal accident because of the importance of documenting exactly what happened. It may take longer for an accident report to be released. In some cases they will perform an accident reconstruction.

If you had a friend or...
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1 Answer | Asked in Criminal Law for Georgia on

Q: Can a person be charged with criminal damage to property if the damage was already done?

Jamie B Hernan answered on Jul 13, 2012

Assuming the person is charged with criminal damage to property in the 2nd degree (Georgia Code section 16-7-23), an element of the charge is intentional conduct and causing damage. You can review the code section at http://www.lexisnexis.com/hottopics/gacode/.

If there was no intentional...
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1 Answer | Asked in Immigration Law for Georgia on

Q: Filed petition for wife I-130 and status adjustment I-485?. Missed the scheduled appointment and petition was denied.

Immigration Law - Family petition. Georgia

Petition was filed January 2011 and the scheduled appoitment was August 2011. Can a reopen/recorsideration motion be filed? Reason for not appearing at the appoinmnet was we got into a big argument and I left town for a long period of time. When I... Read more »

Jamie B Hernan answered on Jul 13, 2012

You really need to consult with an attorney who can review the paperwork you filed and the responses you received from USCIS. Once a case gets to this stage, it is best to have an immigration attorney review the case with an in person consultation. A refiled petition needs to properly address the... Read more »

1 Answer | Asked in Immigration Law for Georgia on

Q: Citizenship for my son

I am a citizen of the US by naturalization. Can I help my 10 year green card holder son if he does not live in America but maintains his status

Jamie B Hernan answered on Jul 13, 2012

You likely can petition for your son and should consult an immigration attorney to discuss his case in specific detail.

You can visit the USCIS website on naturalization at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7....

Also, review questions #25 and...
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1 Answer | Asked in Criminal Law for Georgia on

Q: If you had no intent of being lewd while urinating off of outside public deck while highly intoxicated can you get char

Jamie B Hernan answered on Jul 13, 2012

If you were charged with public indecency (Georgia Code section 16-6-8) the state would need to prove that you committed the act of a lewd exposure of the sexual organs in a public place. The act was not really accidental (like the wind blowing up a dress) but was due to your level of... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: My brother just got his third felony drug charge of marijuana how much time is he facing?

Jamie B Hernan answered on Jul 13, 2012

As posted in response to your other similar posting:

There are just too many factors involved to answer that question in any sort of meaningful way. He is likely charged pursuant to Georgia Code section 16-13-30 which outlines the penalties involved. The Georgia Code can be viewed online at...
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1 Answer | Asked in Criminal Law for Georgia on

Q: My brother just got his third felony drug charge of marijuana how much time is he facing?

Jamie B Hernan answered on Jul 13, 2012

There are just too many factors involved to answer that question in any sort of meaningful way. He is likely charged pursuant to Georgia Code section 16-13-30 which outlines the penalties involved. The Georgia Code can be viewed online at http://www.lexisnexis.com/hottopics/gacode/. You will see... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: Does my 18 year old son need a lawyer for shoplifting a 4 dollar item?

Jamie B Hernan answered on Jul 13, 2012

Yes, he needs to get an attorney right away. Even though the dollar amount was small, he is still facing a misdemeanor and needs an attorney to evaluate the evidence against him, determine if he has any viable defenses and, assuming he does not, negotiate with the prosecutor to obtain a pre-trial... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: What is first time offense for withholding self employment to receive food stamps and medicaid in GA?

Jamie B Hernan answered on Jul 13, 2012

Assuming you are charged pursuant to Georgia Code (OCGA) section 49-4-15, which covers fraud in obtaining food stamps, go to http://www.lexisnexis.com/hottopics/gacode/ to review the Georgia Code online.

You should contact a criminal defense attorney right away who can review the evidence...
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2 Answers | Asked in Criminal Law for Georgia on

Q: What is the punishment for murder in georgia?

Jamie B Hernan answered on Jul 13, 2012

Please review Georgia Code (OCGA) section 16-5-1 which includes the charge of murder. According to the statute, a person convicted of murder shall be punished by death, imprisonment for life without parole or imprisonment for life. That is a simplistic answer to a very complex question,... Read more »

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1 Answer | Asked in Car Accidents for Georgia on

Q: My dau was in GA but wasn't in a crosswalk. A car entered & turned left into her before she got to other side. At fault?

Both my dau (pedestrian) and car that entered street and hit her started from same side of street (from same apt complex). Based on § 40-6-92 - "Crossing roadway elsewhere than at crosswalk," is the pedestrian at fault for the accident or the person driving the car that entered the street and... Read more »

Jamie B Hernan answered on Jul 13, 2012

The answer to your question depends on who you are asking. The insurance company for the driver is going to claim that your daughter was negligent in failing to cross at the crosswalk and yield to the right of way of the driver. Yet, if you were asking me or another personal injury attorney that... Read more »

1 Answer | Asked in Car Accidents for Georgia on

Q: Can i take the driver to court when the insurece company is not working with me

Jamie B Hernan answered on Jul 13, 2012

There is not an incredible amount of detail in your question, so I have to make some assumptions. I assume that you were injured in an automobile accident and the insurance company for the at fault driver is not working with you to settle the claim. If you were injured in an automobile accident,... Read more »

1 Answer | Asked in Car Accidents for Georgia on

Q: Can you be charged with following too close to a car when the other car was already in an accident?

Plus, the other car and wasn't out of the road?

Jamie B Hernan answered on Jul 13, 2012

First, you can be charged with anything. Just being charged with something does not mean that the charge will hold up and that the State of Georgia will be able to prove your guilt beyond a reasonable doubt. So, I assume you were in fact charged even though you came upon an accident and likely... Read more »

2 Answers | Asked in Criminal Law for Georgia on

Q: Can I bond someone out of jail on a murder charge?

Jamie B Hernan answered on Jul 13, 2012

When setting a bond for a charge as serious as murder, the judge must go through an analysis to determine how high the bond needs to be set to ensure that the Defendant will return to court and face the charge rather than risk losing the bond money. The judge will also assess whether the person is... Read more »

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