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Questions Answered by Cesar Mejia Duenas
4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 24, 2024

If you ever applied for and obtained DACA, then you might be able to request a travel authorization so you can depart the country and safely return with a legal entry. If you never obtained DACA or any other status, and you entered without inspection (no visa), then your husband will need to file a... View More

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2 Answers | Asked in Immigration Law for California on
Q: O-1 Visa Application in Mexico City, Mexico.

My boss is from Europe, and earlier this year, he flew to the US on a tourist visa. However, as the said visa is about to expire, he is currently in Mexico. We are interested in applying for an O-1 Visa while in Mexico. However, upon checking the US Consulate in Mexico, we couldn't find the... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Aug 4, 2023

Your boss cannot apply for an O Visa directly at the consulate as it first requires submitting the application to USCIS. Unfortunately, you will find several answers by attorneys using "Artificial Intelligence" "Chat GPT" that will tell you otherwise. Seek consultation with an... View More

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Can more than one person's death be included in an affidavit of survivorship?

My parents and I were joint tenants with rights of survivorship. They have both passed away, but my mother's death was never recorded (she died a few years ago). I am not sure how to proceed. Can they both be named as decedents in the affidavit of survivorship?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Aug 4, 2023

When a property is held as Joint Tenants with Rights of Survivorship (JTROS), or as Tenants By the Entirety (TBE), the property passes to the surviving tenant. Once the first of your parents passed away, the property passed by operation of law to the other surviving spouse. Thus, the probate... View More

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3 Answers | Asked in Business Formation and Contracts for Texas on
Q: Yes, I was buying a business for someone and they would never give me a contract, dispite numerous requests , then when

I wasn’t able to make a payment for the month he changed the locks to the shop without any verbal or written warning locking me out of the shop. All my personal belongings where inside and was not able to retrieve them. I had material belonging to customers inside and have gotten completely shut... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 8, 2023

This is a matter of contract law and should be consulted with an attorney admitted to practice law in Texas.

Generally, a contract is a promise or set of promises for breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty. Oral...
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1 Answer | Asked in Probate for Nevada on
Q: My probate lawyer has not called since September I gave them a list of assets in Feb. Called then last week she said we

Are still waiting for the list and probate was filed feb 2022 do I have recourse? Lawyer has done nothing since

sept. 2922

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 8, 2023

I understand how frustrating it is not to obtain an update from your attorney. Communication with clients is essential in every matter, more particularly in probate matters where the clients are dealing with the loss of a loved one.

Since probate matters are regulated by the laws of every...
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1 Answer | Asked in Business Law for Delaware on
Q: majority shareholder Dir dissolves the company and transfers the sole valueable ip to themself wo consideration

What is the procedure for notices for lack of care in fiduciary duties for a dissolved company?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 1, 2023

You should consult with an attorney in Delaware to assess what is the best course of action. Several actions can be brought in contract (arising out of the bylaws or operating agreement), and in Tort for the unlawful transfer of the IP and unauthorized dissolution of the Company. Instead of sending... View More

2 Answers | Asked in Business Law, Tax Law, Estate Planning and Probate for New Jersey on
Q: If a business owner passes away and was married at the time who does the business go to if the is no will ?
Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 1, 2023

There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... View More

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4 Answers | Asked in Immigration Law for New Jersey on
Q: Do I qualify for a i601a waiver?

I have been having daca since I was 17 yrs old. Married to USC and have an approved i-130. I am planning to file a i601a waiver because I dont want to file an adjustment of status. I believe advanced parole is too risky if they don’t let me back in the country. But the question is…I haven’t... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on May 6, 2023

Both strategies advance parole, and 601a are incorrect. Since you have not accrued unlawful presence as you received DACA before turning 18 y.o., there is no need to file a waiver and you might qualify to file for adjustment of status forthwith. I recommend that you seek consultation with an... View More

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3 Answers | Asked in Immigration Law for Texas on
Q: So what forms exactly do I need to fill out to sponsor someone?

Sponsor someone from Cuba to come to the usa

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Feb 7, 2023

Good morning,

You need to file an electronic form listing what means of support you have, and how you will support your relative from Cuba. I highly recommend that you retain an attorney to assist you with this process. You may find additional information at the USCIS webpage...
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1 Answer | Asked in Immigration Law for Washington on
Q: I am an Immigrant crossed US border through Mexico. I need to apply for ITIN. What documents do I need ?

I am an Immigrant from Moldova eastern Europe,crossed US border in July through Mexico. Was released under bond having court on August . now I want to apply for ITIN form what documents do I need and what means certified copy of passport,where can I get it?

Thank you

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 17, 2023

Hi, you may want to do this with a Certified Public Accountant. You do not need a "certified copy" of your passport, just a regular legible copy. There are other documents you may provide to prove your identity as indicated by the IRS in their website... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: How to send ‘copies of documents’ to USCIS in ‘paperless billing’ era?

Hi

‘Copies of documents’ are required by USCIS for various immigration applications and petitions. Especially for marriage based petitions such as I-751 it’s required to provide evidence in the form of utility bills, joint savings and checking accounts with transaction history etc.... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 6, 2023

You may submit utility bills, bank statements, and other documents printed in PDF format or screenshots. USCIS will accept these documents as copies.

I recommend that you carefully read the instructions provided for form I-751 and if you have additional questions, consider retaining an...
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1 Answer | Asked in Immigration Law for Tennessee on
Q: I am waiting for my US passport. However, I would like to travel back to India urgently, can I use my Indian passport?

I was born in India and still have my valid Indian passport, however, I recently naturalized for the United States and am waiting for my US passport. Can I travel with my Indian passport whilst I wait?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 6, 2023

You can certainly travel from the United States to India with your Indian Passport. However, the issue is whether you would have sufficient documents to safely return to the U.S.

Airlines often require that you furnish proof of legal status to board a flight to the United States. Although...
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1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: International student charged with retail theft. How do I keep my immigration status safe?

Hi everyone, on 20th Nov 2022 me and my girlfriend were charged with a retail theft summary offence (CC3929) of amount $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date at the station. We hired a... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 6, 2023

Hi, you did not mention what the final disposition of the charges was. Dismissed? Adjourned in contemplation of dismissal? Pleaded guilty to a lesser charge? Without that information, we can only guess whether the arrest (and conviction if any) would affect your immigration status.

Your...
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2 Answers | Asked in Business Formation, Business Law, Cannabis & Marijuana Law and Civil Litigation for Michigan on
Q: Hello I had somebody give me money to start a business that never got off the ground.

Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 6, 2023

Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement.

The other...
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2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and International Law for New York on
Q: Can I sue a storage comapny for losing my items, lying about it, and still charging me monthly fees while they knew?

I've had items in storage w/ a company in Canada since the pandemic. I asked them to ship them to NY home & have asked for months. I asked for a quote on multiple occasions, they gave me one but I couldn't afford it then. With the most recent they sent me an email saying they were... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 23, 2022

The answer will depend on the terms of the agreement. Moving or Storage Companies usually place a cap in the amount of their liability in case the items are lost. The agreements usually require the customer to secure insurance to cover any damages in excess of this cap.

If the value of the...
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2 Answers | Asked in Business Formation and Business Law for Virginia on
Q: Is it legal for one person to be agent for 20-40 corporations?

Is it legal for one person to be agent for 20-40 corporations under their agent address and then for these same companies to all have their headquarter address listed as the same address for all of them even though the companies aren't related to each other in anyway?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 23, 2022

While I am not admitted to practice law in this State, I can tell you that the office of the registered agent and the principal place of business or headquarters are not the same. If you hire an attorney to incorporate your business entity and ask the attorney to serve as a registered agent, the... View More

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2 Answers | Asked in Contracts and Copyright for New York on
Q: How can I prove my ownership of a story when I do not have documented legal proof but I have other evidence to Prove it

I have a story, but I do not have any documented proof of ownership. If this story is stolen, can I prove my ownership with other evidence, and what are the evidence?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 16, 2022

There is certainly more information needed in this case. The plaintiff has the burden of proof in a copyright action so you should be able to produce any type of evidence that you drafted that story. First, if you drafted the story and the initial draft was stolen you may want to consider filing a... View More

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3 Answers | Asked in Immigration Law for New York on
Q: I am applying for citizenship. My question is with question "Have you EVER lied to any U.S. Government officials etc.

I did lie to officers in my birth country 2013, which is 10 years ago, to get a visa to get into america.

I am now married and nothing else like this has happened.

Since it's over 5 years ago, will this effect my application?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 16, 2022

You should definitively consult with an attorney to establish whether the incident back in 2013 made you inadmissible to the U.S. Keep in mind that it does not matter whether five years have happened since your application because the question states, have you ever, not have you within the last... View More

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2 Answers | Asked in Immigration Law and Business Law for New York on
Q: I am currently in OPT and I want to start a business. I read that I can start an LLC and hire an American.

How does that work? Can I be the sole owner of the LLC? When registering an LLC, I noticed that there is an requirement to add LLC Manager. Can I be the LLC Manager while on OPT? Or would that be a violation of visa status?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 16, 2022

These are multiple questions involving both business law and immigration law.

Q/ How does that work?

A/ The process of formation of the LLC is the same for any person, Citizen, Resident, OPT holder, Visa-holder, illegally present in the US, etc. Hiring through an LLC is also the...
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4 Answers | Asked in Business Law and Contracts for California on
Q: what contract is required to be implemented to assure that your customers don't reach out to your seller and vice versa?
Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Aug 17, 2023

You may be referring to a Non-Compete or a Non-circumvention agreement.

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