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Questions Answered by Cesar Mejia Duenas
3 Answers | Asked in Immigration Law, Civil Rights and Constitutional Law for New York on
Q: What are the different statuses one can have other than citizen, and national?

So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More

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answered on Sep 2, 2024

No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.

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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: What is the process for transferring property in Florida? Thank you.

I appreciate advice about the transfer of a property. I was told a warranty deed is needed. I think it may be a new deed that is being prepared. How can I tell if it is done correctly? Thank you so much.

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answered on Sep 2, 2024

Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.

i. Warranty Deed: Provides the highest level of protection,...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Do I have to give my sister this money?

We’re currently going through probate and she’s demanding that I hand over half of the money I got from my utilities deposit checks even though she wasn’t a member of this house hold. The first check was made out to me, and the second was made out to both me and our father. Please note that... View More

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answered on Sep 2, 2024

You generally don't have to give your sister money from the utility deposit checks, especially if she wasn't part of the household. Since the first check was made out to you, it's yours. The second check, made out to you and your father, might be considered part of his estate, so it... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

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answered on Sep 2, 2024

In Florida, to oppose the Motion for Summary Judgment, you should file a written response detailing the new evidence you discovered from the surveillance footage. Explain that the video now shows how the spill occurred and how long it was on the floor, which creates a genuine issue of material... View More

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2 Answers | Asked in Family Law, Immigration Law and Juvenile Law on
Q: I wanted to know if i can apply for SIJS

Is it possible to apply for SIJS and be accepted if I am under 21 years old, was abandoned by a parent from a very early age and have only received help from my mother and can physically be in the United States with a tourist visa? (with the help of a lawyer and 10k $)

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answered on Sep 3, 2024

Yes, you may be eligible to apply for Special Immigrant Juvenile Status (SIJS) in California if you meet certain criteria. Under California law, SIJS is available to individuals under 21 years old who have been declared dependent by a juvenile court, or placed under the custody of an individual or... View More

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1 Answer | Asked in Criminal Law for District of Columbia on
Q: Hola quisiera saber si pudieran ayudarme con un caso criminal
Cesar Mejia Duenas
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answered on Aug 22, 2024

Hola, por favor responda con la pregunta con la que necesita ayuda, para poder darle información general sobre casos criminales. Sin embargo, si necesita asistencia legal directa en un caso criminal en Washington, DC, le recomiendo que contacte a un abogado especializado en derecho penal a la... View More

2 Answers | Asked in Civil Litigation for New Jersey on
Q: Whats the chance a judge accepts a adjournment after an 11 month case i was self representing and now obtained a lawyer
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answered on Aug 22, 2024

In New Jersey, whether a judge grants an adjournment depends on several factors, including the stage of the case, the reasons for the adjournment, and the potential impact on both parties. Under New Jersey Court Rule 4:36-3(b), requests for adjournments should be made as soon as the need arises and... View More

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2 Answers | Asked in Contracts, Business Law, Civil Litigation and Communications Law for Florida on
Q: How should I respond to being threatened by another company's VP?

I was threatened by another company's VP for "willfully and wrongfully withholding payment" and he stated that " it will fall on me and word is going to spread in the industry" if I do not pay an invoice that is 5 years old. I started working at the my company 5 months ago... View More

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answered on Aug 22, 2024

The situation you describe involves potential legal claims related to defamation and coercion. Here’s how you might approach this:

(i) Slander and Defamation: Slander refers to a false spoken statement that damages a person's reputation. If the VP's statement that you are...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Does an ex-girlfriend have standing to claim her deceased ex-boyfriend's estate? (Georgia, USA)

There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More

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answered on Aug 22, 2024

Please note that I am not admitted to practice law in Georgia, but I found this information through a brief Google search, and the requirements in Georgia are similar to those in most states. In Georgia, for a will to be valid, it must meet specific requirements, such as being in writing, signed by... View More

1 Answer | Asked in Family Law, Real Estate Law and Probate for New York on
Q: Hello, I want to know what my real estate and trustee rights are (I think?) for a family matter. Any help is appreciated

My mother and father bought a house in the late 90's. Because of my fathers credit, he could not be put on the mortgage - nor was he put on the deed. My mother and her mother signed all of the original paperwork, but my mother and father paid the mortgage - and that's how it remains.... View More

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answered on Aug 22, 2024

I'm sorry to hear about your situation. Legally, if your father was never on the deed, he doesn't have ownership rights to the house, even if he helped pay the mortgage. Since your mother passed away without her will being probated, your father may have some rights to her share of the... View More

2 Answers | Asked in Immigration Law for New York on
Q: What would be an appropriate amount of salary decrement for an O-1 visa holder?

We are a small Inc. company incorporated in Delaware and are now considering reducing the salary of two founders. Both are O-1 visa holders and each earns around $9k/month. Specifically, we want to know:

- What happens if we reduce the salary and how much decrement is recommended?

-... View More

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answered on Aug 22, 2024

Reducing the salary of O-1 visa holders can impact their visa status since the O-1 visa requires maintaining employment terms consistent with what was presented to USCIS. While no specific percentage is set for salary reductions, any significant decrease might trigger the need to notify USCIS and... View More

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2 Answers | Asked in Civil Rights for New York on
Q: THE BEST WAY TO SUE CPS AND ADULT PROTECTIVES AND HOSPITAL WHOM LET THIS RETARTED WOMEN WALK OUT THE HOSPITAL

SHE WALKED OUT THE HOSPITAL WITH MY NEW BORN BABY WHOM HAD TO BE TORTURED FOR 7DAYS AND WAS BUT IN THE CARE OF THE PEOPLE WHOM WAS WATCHING THIS HAPPEN

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answered on Aug 22, 2024

I'm sorry to hear about your situation. To sue Child Protective Services (CPS), Adult Protective Services, and a hospital, you need to establish that their actions or negligence violated your rights or caused harm. In New York, claims against government entities like CPS and Adult Protective... View More

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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

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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

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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?

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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

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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

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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?

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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 ?
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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

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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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