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Questions Answered by Leonard R. Boyer
2 Answers | Asked in Immigration Law for New York on
Q: I am married to a green card holder and he wants to submit my I130 first but I have overstayed my time should I go ahead

Or should I do the entire process

Leonard R. Boyer
Leonard R. Boyer answered on Jan 15, 2021

This situation is too complex and fact-specific for this forum. You are going to need to retain an experienced immigration attorney and have an in person consultation.

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2 Answers | Asked in Divorce for New Jersey on
Q: I married in PR live in NJ my ex-wife lives in Ohio we been separated for over 8 years can we get divorce from the u.s
Leonard R. Boyer
Leonard R. Boyer answered on Jan 14, 2021

Where you were married and where your wife lives are irrelevant to obtaining a divorce in New Jersey. If you meet New Jersey's residence rule. If she cannot be located, then service by publication is required. But that is not a problem. But, you must retain an experienced matrimonial attorney... Read more »

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I was told My chapter 13 case was dismissed because my lender was not agreeable to resetting my timetable for payment

I know the trustee was asking for a consent order for adequate protection payments for months..i been in bankruptcy for about 5 months why would the timetable have to be reset

Leonard R. Boyer
Leonard R. Boyer answered on Jan 11, 2021

I do not know whether or not you are represented by an experienced Bankruptcy attorney, or not, but if you are, then all your questions need to be directed to the attorney. Otherwise, you must retain counsel and have a document review and discussion of your present situation in order to provide... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: What is the process to come back to USA with approved I-360/vawa petition

Hello, I have an approved vawa application, after filing vawa I went back to my home country. Now that my petition is approved , how can I come back to USA, what is the process. please suggest.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 5, 2021

With the current travel bans in effect, there is nothing you can do. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court in

Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court involved, just "between us") to reflect his income loss for 2019 and 2020, and suggests 50 payments/year instead of 52.

My income is close to zero. He... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 2, 2021

You should retain an experienced matrimonial attorney to represent you in this matter and not take anything less than you are entitled to. If you cannot afford an attorney, then contact NJLS.

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2 Answers | Asked in Divorce and Immigration Law for New York on
Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either... Read more »

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1 Answer | Asked in Business Law for New Jersey on
Q: Officer of a corporation not following bylaws
Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

Making multiple statements about what is essentially the same thing does not accomplish anything. Consulting an experienced civil litigation attorney will.

1 Answer | Asked in Business Law for New Jersey on
Q: President of a New Jersey corporation violating the bylaws and discrimination of potential members.
Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

From your statement, it is obvious that there needs to be a personal strategy session with an experienced civil litigation attorney. This will also be beyond the scope of what most attorneys will include in a free consultation. During this pandemic, you have a choice of either seeing your attorney... Read more »

4 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Would I owe child support on a stepchild?

My Japanese girlfriend is pregnant with our child and we would like to marry. She has a 4 year old son from a prior marriage who lives in Japan with his father; I have never had any contact with this child. She has been mum about whether her son will return at some point and wants me to focus on... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 26, 2020

Unless you adopt the lady's other child, you would have no child support obligation to her for that child. From what you have expressed and the way you have expressed it, you need to retain an experienced NY matrimonial attorney and do not get married prior to having a signed pre-nuptial... Read more »

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1 Answer | Asked in Consumer Law and Construction Law for New Jersey on
Q: This question is in regards to difficulties we are having with our contractor. Can we, ourselves reply to his lawyer? Tx

Orig contract signed 1/3/20. New agreement is for another 14 days but it has been over a month and repairs are incomplete with damages. His lawyer is pressuring for the last payment of $38K. Looking for a Lawyer who can assist us enforce a time frame and completion of the job. If not, we would like... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 26, 2020

NO! You need to retain your own attorney, who has extensive experience in handling cases involving Home Improvement Contractor cases. Very few if any Home Improvement Contractors write contracts that are in compliance with the Home Improvement Contractor's Act and therefore, almost certainly... Read more »

1 Answer | Asked in Business Formation for New Jersey on
Q: If I start a nonprofit and am a board member or director, can I work as an employee and get paid a salary?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 22, 2020

That is a possibility, however, the entire concept and what you envision would require an in-person consultation, which would be beyond the scope of what most attorneys will include in a free consultation.

1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: can someone please provide me with recent case of J.N. v. S.B. in regard to vacating a restraining order

or refer me to where I can find it. I need to have a restraining order lifted for work

Leonard R. Boyer
Leonard R. Boyer answered on Dec 18, 2020

The Court in New Jersey does not "lift a restraining order" for someone to work. This case which appears to be an unpublished opinion by the Appellate Division affirmed the Trial Court Order, which denied removal of the restraining order. Statistically speaking the vast majority of... Read more »

2 Answers | Asked in Real Estate Law for New Jersey on
Q: I have recived a 2a:35-1 12.4.2020 new jersey. Dose this code still apply under covid 19?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 4, 2020

If you received a complaint, you cannot ignore it. Covid 19 is not a legal defense. To obtain a meaningful answer, the more facts you provide, and the less an attorney has to guess about what you are referring to the better it is. Good luck.

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4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Leonard R. Boyer
Leonard R. Boyer answered on Dec 1, 2020

You really need to retain an experienced matrimonial attorney to obtain a Final Domestic Violence Restraining Order against him and contact the municipal prosecutor to file criminal charges against him. During this pandemic, you have a choice of either seeing your attorney in person or by way of a... Read more »

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: can my HOA forbid the parking of my registered & insured pop-up camper on my own private driveway?

I own my property (fee simple) and cannot see how an HOA can prevent my parking a vehicle in my driveway when, at the same time, said vehicle can be parked, legally, on an adjacent town-owned street.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 28, 2020

One of the worst mistakes anyone can make in purchasing real estate is to have an make is to have any type of HOA, condo, or coop board involved. You are going to need to read the HOA by-laws and any amendments to them to determine what they can and cannot do. I always tell clients never, ever even... Read more »

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: I am charged with 2nd ag assault. I have a restraining order given to me in prison. The hearing date was 10/5.

That hearing didn't happen. On Nov 16 at 930 am I got an email that the hearing was that day at 9am.I understood that hearing not be more than 10 days from being issued. Is this tro still in effect. I'm in nj.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 17, 2020

You need to. retain an experienced criminal attorney for the municipal court matter..Then for the domestic violence matter you need to retain an experienced matrimonial attorney with e,tens I've domestic violence trial experience. Ideally you want to retain two attorneys who have experience... Read more »

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4 Answers | Asked in Bankruptcy for New York on
Q: I filed bankruptcy in July2020 it was discharged in Nov. 2020. Now lawyer wants more money to handle a lien on my home.

I retained a lawyer in July2019. Gave them all documentation plus a summons that I was being sued by a creditor. We filed the bankruptcy july 2020 and it has been discharged 2 weeks ago. I get a call from the attorneys office stating that they received a judgement in the mail that went to one of... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 17, 2020

The removal of a lien is a separate state court proceeding and is beyond the scope of representation in a Bankruptcy proceeding. $1000 for this in NY, is an incredible bargain! In NJ, I charge $1,750 each.

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I got divorce from my first wife but the divorce from my first marriage was not valid, which means i was still married

I got divorce from my first wife but the divorce from my first marriage was not valid, which means i was still married to her when i married my second wife.

I am now divorced from my first wife and want to marry my second wife to make it a valid marriage.

What should i do?

Leonard R. Boyer
Leonard R. Boyer answered on Nov 14, 2020

I don't understand how you got yourself into this situation. You do not present enough facts for anyone to understand how this happened. If you got married, the second time, and you were not legally divorced, then simply getting married again in a civil ceremony should be fine. How do you know... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: Pendelite motion decision is on friday 13th.

husband filed for divorced . i replied back with answer and counterclaim. I filed for Pendente lite motion but he did not reply to that motion. I had requested oral argument. but i was told there will be no oral argument. Judge will decide on papers.

How is it going to affect my case?... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 11, 2020

Oral argument rarely if ever determines if how motions are won or lost. What you really need to do is to retain an experienced matrimonial attorney. You are emotionally involved, you are not a trained attorney and no matter how well educated you are, you cannot represent yourself. Abe Lincoln once... Read more »

3 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: My x is leaving the US, can I get full custody of my daughter? I don't know if he is coming back

My ex husband sold his house and is leaving the country am I able to fight for full custody/parenting rights of her until she is 18? According to our court papers he is supposed to take her evey wednesday night (over night) and hasn't done that in 3 years, hes missed other days of taking her,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 9, 2020

Although you cannot terminate his parental rights, you can retain an experienced matrimonial attorney to make a motion to make you the primary custodial parent with full decision making authority and seek to have restraints on her leaving the country absent your consent.

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