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Questions Answered by Giselle Ayala Mateus
3 Answers | Asked in Civil Litigation, Contracts and Small Claims for New York on
Q: If you have gotten a judgement in small claims court and the contractor refuses to pay, do u have options
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Dec 9, 2022

Usually a judgment includes a time to comply. If the party who loses does not comply you will need to start an action to enforce the judgment. You may request an order to be paid from the contractor assets, like a bank account.

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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?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Dec 5, 2022

You need to hire legal counsel. It would be the best to do a FOIA requesting a copy of all your documents and then file the citizenship. A lied could to US officials can have serious immigration consequences.

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3 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: I want to cancel a lease on an apartment I havent moved into yet, they are saying have to pay 2 months rent?

I signed a lease and gave a deposit. Not scheduled to move in until 1/19/2023. Today is 11/21/2022. Requested to cancel, haven't even looked at the place, requested cancellation less than 2 weeks after I secured it. They are saying even though I haven't moved in and wont for 60 more days,... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 21, 2022

It depends of the agreement, the execution and the reason for cancelling.

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1 Answer | Asked in Business Formation and Immigration Law for New York on
Q: Can I start a business, register to E-Verify and work on a side startup while maintaining my full-time job on STEM OPT?

Hi, I'm a current Post Completion OPT employee and am in the process of applying for my STEM OPT extension. My OPT and STEM OPT extension are based on my full-time employment in the US.

My question is: Can I start a business of my own, register to E-Verify and work on a side start-up... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

E-Verify is for Established US Employers. You OPT only allows you work for a US employer. This could be interpreted as working without authorizarion. You should get legal counsel first.

1 Answer | Asked in Immigration Law for New York on
Q: Hello, Can a gay G4 visa holder (non decision) from a LGBT-persecuting country apply for a Green Card.

I am a current LGBT G4 holder working for an International Organization (non-decision-making role) and from a country where LGBTQ people are persecuted. Instead of the asylum route can I apply for a Green card under the Section 13 (Diplomat) route?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

There is a provision of immigration law that allows certain long-term international organization employees and their eligible family members to apply for special immigrant status and become permanent residents of the U.S. (get a Green Card) as long as their organization remains recognized.

2 Answers | Asked in Copyright and Trademark for New York on
Q: As a life coach I'd like to include a link to a published song I'd send my client post-session for inspiration.

Am I infringing on copyright permission/issues?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

Including a link in a document or instructional material raises no issues in terms of copyright if the copyright owner is the one who made the material public.

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3 Answers | Asked in Contracts and Employment Law for New York on
Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist

The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 7, 2022

If the contract expired but you are still performing services, there maybe an argument that this is a contract agreed to by the conduct of the parties. The problem is that account to the Statute of Frauds can enforce the terms of this non-written agreement if you ask more than $500.

That...
Read more »

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1 Answer | Asked in Contracts and Employment Law for New York on
Q: I got fired for not being vaccinated. The Supreme Court rescinded the mandate. Official November 1st 2022. Can I sue?

There was a private business vaccine mandate on 27th December 2021. My company forced me to use my remaining sick, and vacation days. Then when they were all depleted. They fired me January 10th 2022. Today they announced that The Supreme Court rescinded the mandate effective November 1st, 2022.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 25, 2022

This seems to be the question about employment law. Whether the decision to fire you is legal depends on many aspects including, whether you had a contract in writing specifically saying you should be fired for cause.

1 Answer | Asked in Contracts and Business Law for New York on
Q: What's the law that include right-of-action related to corporate governance agreements?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 4, 2022

In the State of New York business owners, shareholders, members LLC, may file lawsuits related to breach of contract controversies in state court. For purposes of these controversies the applicable law is the New York General Business Law as well as the specific rule applicable to fiduciaries... Read more »

1 Answer | Asked in Copyright for New York on
Q: I am creating a tv show blog, may I upload trailers of the show and take pictures of it and post them on my blog?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Aug 29, 2022

As long as you are uploading materials that are entirely yours, this means, that all pictures, sounds, and recordings are your creation, then, you should be fine. However, if any of those materials are protected by copyright and owned by someone else, it could be copyright infringement.

1 Answer | Asked in Copyright for New York on
Q: I want to write a book using the show "Brain Games." Do I need the show's permission, even if the show is on YouTube?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Aug 29, 2022

It is unclear what you mean "using" the show. If you are doing a critique about the show or commenting about it, this could be considered fair use, and you would be free to write the book without doing much legal diligence. On the other hand, fair use requires more information and... Read more »

2 Answers | Asked in Consumer Law for New York on
Q: I brought a watch in for repair, they sent it back but the watch was missing, I only received an empty pouch. Can I sue?

The repair took 11 months. I got a call from them offering to ship the repaired watch to me. I accepted.

The box arrived last week and it contained only the empty pouch. The watch was not there. I emailed and called and finally went to the store. They claim that they had put the... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Aug 24, 2022

If you want to recover your money, apparently damages equal to $16,000, you may file a complaint or go to small claims court. However, keep in mind that you will need to prove the existence of the contract, the terms of the contract and that you performed under the contract. If you don't have... Read more »

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2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Aug 29, 2022

Let's start by saying this, ideas are not protected under the law. Secondly, branding is a very broad concept, therefore, you may need to elaborate on that. Finally, a logo may be protected under copyright or trademark law. If you have not registered the logo, it could be appropriated by... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hello,What are all the legal Intellectual property suggestions to take so I can protect the name, logo, brand, etc.?

How do I create a lawsuit in the event of an infringement?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Jun 22, 2022

Dear user,

Your question is very general. However, in general terms you may protect your brand by applying a holistic approach, i.e. a little of bit of everything. Should you require further assistance our firm G.A.M. Law Office would be happy to help.

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1 Answer | Asked in Immigration Law for New York on
Q: J1 visa will expire soon, J1 waiver is still pending, will there be any problem in waiver if I travel out of US

I am in grace period after my J1 visa has expired, J1 waiver is still pending, thus my employer cannot file H1-B petition.

I will have to travel back to India before the grace period ends. Will my waiver application still be active if I am not in US.

Once waiver arrives and I am... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 11, 2022

It depends is the answer. You need talk to an immigration attorney, specially before leaving the US.

1 Answer | Asked in Immigration Law for New York on
Q: Can I take bar exam under G4 visa? Also, can I do 50 hours of bro bono under G4 visa?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 10, 2022

Taking the bar or being admitted to the practice of law is not regulated by the US Immigration Laws. The admission to the Bar, even the right to take the exam is a matter administer by the NY Court of Appeals and the NY Board of Lawn Examiners of you have complied with their regulations, which... Read more »

1 Answer | Asked in Contracts, Consumer Law and Collections for New York on
Q: Contractor is demanding payment for 3-day job that took six months. Do I go to small claims court?

Landscaping contractor kept making mistakes on the patio job that was supposed to be 3-days. I paid for material upfront but refuse to pay the other 50% of the invoice for labor. The job took six months. The job started in July 2021, the invoice was issued in Sept 2021 and the job didn't... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 10, 2022

You could. It is necessary to review the documents that you have and whatever evidence you have collected. Many attorneys charge a flat fee to go to Small Claims Court.

1 Answer | Asked in Contracts for New York on
Q: NY vehicle repossessed. Wondering if the finance company is to notify of repo?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 9, 2022

Yes if you are in default, the finance company may repossess the car without prior notice. That does not mean that you no rights. It is necessary to review the contract to know exactly. That said, you have at least the following rights:

The right to receive a notice immediately after the...
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1 Answer | Asked in Immigration Law for New York on
Q: I have two AOS filed in EB3 . My I-485 status says "Fingerprints applied " But I-765 & I-131 stat is CASE CLOSED.

I have two AOS filed in EB3 categories.

1) Through my spouse in EB3 category. Through this We have received EAD/AP

But EAD was never used. I-485 is still pending since its Final action is not current Yet .

2) I have also applied AOS through my employer in EB3 category in Aug... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 9, 2022

You will need to review each petition separately. You may want to call USCIS or ask the employer counsel. It is probable that have already been granted a petition. However, you need to make sure first. Each petition must have an independent receipt number you can use to follow up.

3 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 10, 2022

That is not a matter of personal jurisdiction at this point. You should consult an attorney.

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