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Questions Answered by Lee A. Koch
1 Answer | Asked in Criminal Law and Sexual Harassment for New York on
Q: I have been sexually harassed by a man who is in another country.(croatia) (for a year) He threatens me with killing me

And every people i know . He found my adress ans bought tickets before i move to another country (usa) .(i was lving in another country but i am an usa citizen). He sends inappropriate of himself . Even though i closed my all social media accounts ans blocked him from everywhere he found my sister... View More

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

The police will make a report, and you may be able to get an order or protection. Unfortunately, if the man lives in Croatia, the order won't have any effect on him unless he steps foot inside the jurisdiction. You could have a civil case, and try to force him to appear here.

1 Answer | Asked in Criminal Law, Identity Theft and Small Claims for New York on
Q: can I press charges for bank fraud of my account against someone that has a temporary order of protection against me?

Also, I would like to sue this person for monies owed to me for loans, shared bills and back rent. Would this be a violation of the order? Also, the bank fraud on my account happened in july 2017 can I still press charges now that I know who done it?

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

Speak to the DA or go to the police station and make a police report. Furthermore, please be careful not to violate the protective order. As far as getting your money back or 'pressing charges', you can always hire a civil litigator to handle the civil aspects of the case for you.

1 Answer | Asked in Immigration Law for New York on
Q: How do I apply to fix my green card while applying for citizenship? Thanks
Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

You file the i-485 (green card) and the n-400 form at the same time. If you have any issues, speak with an experienced immigration attorney.

3 Answers | Asked in Traffic Tickets for New York on
Q: I received traffic ticket for speeding. I pled not guilty. There was court date on ticket. I sent it back.

Never heard back from court. Original date is tomorrow. What do I do? Even though I pled not guilty and haven't heard back do I go tomorrow?

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

Yes, go tomorrow. Also you can call the TVB in Albany and confirm the date.

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2 Answers | Asked in Immigration Law for New York on
Q: I have an active asylum petition (i485) but I just married a US citizen, can I still apply for the spousal petition?

Currently, I have an active asylum petition and waiting for court trial (delayed to 2020). I just married my girlfriend of two years who is a US citizen (met her in the US, our marriage qualifies). Can she still file a spousal (i130) petition for me? Would I need to cancel the other petition or can... View More

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

Yes. Don't cancel the other petition.

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1 Answer | Asked in Criminal Law for New York on
Q: My son is in jail in Warsaw for 2nd degree manslaughter. His court appointed attorney believes he will be charged with

homocide and get up to 25 years. He hit two motorcylces while driving under the influence. I am looking for someone that will help my son. I know what he did was wrong but he needs a chance. Is there anyone who will take cases as a pro bono or on a sliding scale?

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

Legal Aid, one of the Defender services, or a private attorney with the 18-b program should be assigned to your son pro bono based on need.

1 Answer | Asked in Immigration Law for New York on
Q: My GC expired 18mth Can I do my citizenship and not renew GC. I'm injured state wrkr on ssd will my application pass

I served nyc, becoming injured on duty, no longer able to perform. I receive ssd, I want to become a citizen, but I'm wondering how that affects my chances. Also due to budget, will it be a serious issue, if I don't renew the card, before I apply. I want to apply this week. Thanks

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

You can apply to fix your green card while applying for citizenship. If you have the required paperwork filled out regarding your disability, it should not be a problem.

2 Answers | Asked in Immigration Law for New York on
Q: I am "now" in USA as visitor Visa holder, Can i sponsor myself, in "family based green card" as a mother of US citizen
Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

Your daughter would have to sponsor you, and she must be the age of majority. You may have other means of immigrating. Speak to an attorney.

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2 Answers | Asked in Divorce, Family Law and Immigration Law for New York on
Q: I'm a Permanent Resident living in New York. Planning to marry an Icelandic citizen and live in Iceland, How to Start?

Would it be better to acquire Marriage Certificate in US or Iceland?

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

The real issue is whether you will be abandoning your residency to live in Iceland. Once you do that, you have no legal status here.

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2 Answers | Asked in Traffic Tickets for New York on
Q: My 17 year old son has NJ probationary license-got a ticket in NY for speeding 15 miles over limit. Should we fight it?

Should be plead guilty or go to court?

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

Yes, fight it unless you just want to pay the fine and absorb the points.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I got 2 tickets - running a stop sign and light. Both tickets say the same location. Can I get out of both or just 1?

There is a stop sign at the corner but no light. Assuming I can get out of the light ticket but is there any kind of law regarding issuing two tickets in one place possibly invalidating them both.

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

It sounds like there is a huge discrepancy you can use to your advantage. Was it a light or was it a stop sign? Details like that make the officer's testimony suspect.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I got pulled over for no/inadequate lights. I have court tomorrow, what should I say to help lower it?

I didn’t know that I was supposed to bring it to the precinct because the officer didn’t inform me. All I had to do was wash my lights. It was fixed the next day but I didn’t know how to answer to the ticket and it said to appear in court tomorrow. Please help I cannot pay $200 for dirty headlights!

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

Take pictures with a time/date stamp. Show that you cleaned the lights. Maybe turn them on and take some video. It may help if the judge cares.

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1 Answer | Asked in Criminal Law for New York on
Q: Should my cousin sign the document for the pretrial conference. Can charges be dropped from a D felony to A misdeameanor

He suffers from mental health disabilities and was arrested at Franklin General ER because he allegedly assaulted a technician. He has a past history of violence so he is facing 12 years to life. He has legal aid representation they are advising him to sign a document for a conference to begin the... View More

Lee A. Koch
Lee A. Koch
answered on Oct 12, 2017

There are too many issues here. Why does he need to sign a document to begin the deal bargaining process? Does he have a guardian ad litem? If he has mental issues, why isn't his attorney handling the mental health court already? If he doesn't have an attorney, how was he arraigned?... View More

2 Answers | Asked in Immigration Law for New York on
Q: My husband received Green Card through employer and I - too.If he loses resident status, will I lose mine too?

My husband received Green card through employer, and I (his wife) received green card too.If he lose his resident status, does it mean that I will lose mine too or not? Does my GC depend on his or not?

Lee A. Koch
Lee A. Koch
answered on Oct 12, 2017

His loss of permanent residency status does not mean you will lose yours either unless some fraud in the application is discovered.

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1 Answer | Asked in Immigration Law and Tax Law for New York on
Q: if a person with a pending asylum/refugee case with no EAD granted yet was found working in the USA? what will happen?

overstayed his tourist visa on august 2017, filed asylum of that same month but has been working full time in the USA since his arrival last february 2017... what will happen to his case? and what are the consequences of working without permit and also without filing taxes?

Lee A. Koch
Lee A. Koch
answered on Oct 10, 2017

Asylum looks for whether there was 1. past persecution and/or 2. a well-founded fear of future persecution. Though the asylum officer or judge is supposed to decide on those two standards, the other circumstances are aggravating factors towards a negative finding towards the immigrant.

1 Answer | Asked in Criminal Law and Military Law for New York on
Q: I was in the stockade for six months of hard labor,does this time served go on your record as AWOL?
Lee A. Koch
Lee A. Koch
answered on Oct 10, 2017

If you were sentenced to the stockade for six months, then you weren't AWOL. Your duty was to be in the stockade.

1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Landlord - Tenant for New York on
Q: Former landlord took parent's dog, changed the front lock, yet left them acess to rear after taking dog. Is this legal?
Lee A. Koch
Lee A. Koch
answered on Oct 10, 2017

It depends on the situation. There aren't enough facts here to make a determination. Reach out to an attorney who gives a free consultation to discuss it in more detail.

1 Answer | Asked in Criminal Law for New York on
Q: Does an injunction in Florida still apply in new york?

I have an injunction with my boyfriend in Florida, I am now 19 and live in new york and he does too, does the injunction still apply in new york ?

Lee A. Koch
Lee A. Koch
answered on Oct 10, 2017

It depends on the language of the injunction. Reach out to a New York lawyer to see if it applies.

2 Answers | Asked in Immigration Law for New York on
Q: Can I apply for college before getting in the USA with a tourist visa and then change my status?

I'm in Brazil and going to NYC next month for tourism, but I'm also interested in attending college in New York. Should I apply now and then change my status? When the USCIS process my changing of status application and see that I applied for college before getting in the USA, would it be a problem?

Lee A. Koch
Lee A. Koch
answered on Oct 10, 2017

You should talk to an immigration attorney, as your question needs more intimate knowledge to answer properly. One of the main pillars of immigration is the intent of the arriving alien. If CBP detects that your intention is different than the visa you have been granted, you are going to run into... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: how do i know if i have a summons under my name ? i live in new york ,queens

some guy just took a picture of me parking in a handicap parking and told me you got your self a summons ?

Lee A. Koch
Lee A. Koch
answered on Oct 10, 2017

www.mysummons.nyc

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