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New York International Law Questions & Answers
1 Answer | Asked in International Law for New York on
Q: How can the president be stopped from sending more money for weapons to foreign countries?
James L. Arrasmith
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answered on Jan 1, 2024

The power to control foreign aid, including military assistance, is shared between the President and Congress. The President, as the head of the executive branch, has the authority to propose and direct foreign policy, but Congress holds the power of the purse.

If you're concerned...
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1 Answer | Asked in International Law and Military Law for New York on
Q: Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land?

Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land?

The president of Ecuador is basically permanently 'exiling' his VP to Telaviv Israel, to "help" solve the Hamas/Israel war [in reality, he has a... View More

James L. Arrasmith
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answered on Dec 5, 2023

Under international law, specifically the Vienna Convention on Diplomatic Relations, the physical safety and security of a head of state or other high-ranking officials in a foreign country is primarily the responsibility of the host nation. This responsibility is grounded in the principle of... View More

2 Answers | Asked in Family Law and International Law for New York on
Q: i have a question regarding Primogeniture , i live in new york state and this person lives in oklahoma .

talking about marriage , money in inheriatnce foreign government .

James L. Arrasmith
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answered on Nov 4, 2023

Primogeniture, the right of succession belonging to the firstborn child, is largely obsolete in American law. Inheritance in the United States, including New York and Oklahoma, typically does not depend on birth order but on the contents of a will or the rules of intestate succession if there is no... View More

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3 Answers | Asked in Constitutional Law and International Law for New York on
Q: If in a case, the Supreme Court announce that an int. treaty is inconsistent with the Constitution, what will happen?

I mean, what is the legal effect of such announcements? is it limited to the parties of that case? or the government have to terminate this treaty?

and do we have any example for such a case?

Sincerely

Young researcher

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

It depends on the particular facts and circumstances and whether the treaty is self-executing or not.

In Medellin v Texas, the Supreme Court determined that a treaty between the United States and Mexico pertaining to Mexican nationals charged with crimes in the United States did not require...
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2 Answers | Asked in Estate Planning, Family Law, International Law and Probate for New York on
Q: Is a Heir Search required in NYC if we as the stepchildren are named in the will of our stepfather who came from Poland?

My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... View More

Bonnie Lawston
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Bonnie Lawston
answered on May 12, 2023

If the decedent has no children or spouse the Court requires an affidavit of Heirship. Sometimes the attorney draftsman will take information directly from the testator now the decedent and he can provide a supporting affidavit. Your attorney should submit an affidavit of Heirship if someone can... View More

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2 Answers | Asked in International Law and Internet Law for New York on
Q: Can I drop a website if I own the hosting and domain and the client is not paying?

I am a website designer and a client is not paying for my website design and domain/hosting fees. I paid for the hosting and domain for 2 years and I own both. The client has not paid for anything and we don't have a written agreement.

When I told them that I will take the website... View More

James L. Arrasmith
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answered on Mar 19, 2023

As a website designer, you may have the right to take down the website if the client is not paying for your services, but it's important to proceed carefully to avoid any potential legal liability.

If you own the domain and hosting, you may have the right to terminate the client's...
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1 Answer | Asked in Tax Law and International Law for New York on
Q: Does a Canadian nonprofit that receives an EIN in the US need to pay US taxes if serving US persons virtually?

Hi, I'm starting a nonprofit organization in Canada to do online arts programming with young people who stutter in Canada and in the US. The organization will operate entirely online and from Canada, but will hire US employees. My goal is to be fiscally sponsored by a nonprofit (Fractured... View More

James L. Arrasmith
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answered on Mar 19, 2023

As a Canadian nonprofit organization that receives an EIN in the US and hires US employees, you may have US tax obligations. However, whether or not you need to pay US taxes will depend on a number of factors, including the nature and extent of your activities in the US and the terms of any... View More

1 Answer | Asked in Child Custody, Family Law and International Law for New York on
Q: Can I relocate internationally with my child if I have sole physical custody but joint legal custody?
James L. Arrasmith
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answered on Mar 19, 2023

If you have sole physical custody of your child, you may be able to relocate internationally with your child depending on the terms of your joint legal custody agreement and the laws of your state.

In general, relocation with a child may require court approval or agreement from the other...
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1 Answer | Asked in Contracts and International Law for New York on
Q: I have an American client who has stocks, bonds, and other liquid assets in Russia currently frozen.

I have an American client who has stocks, bonds, and other liquid assets in Russia currently frozen. The US and EU sanctions don’t apply to me, to the client, or to these assets. Can US lawyers help me sell, transfer, or otherwise get them out?

Richard Sternberg
Richard Sternberg
answered on Feb 27, 2023

I’ve been asked a number of times about getting investment money out of Russia without violating US and EU sanctions and avoiding Russian monetary limitations enacted in response to the sanctions. Indeed, the topic appeared in a recent article in Bloomberg, but, handled correctly, this topic has... View More

1 Answer | Asked in International Law and Immigration Law for New York on
Q: I am a F1 visa status international student from Japan, and my friend (US citizen) asked me to be his co-founder.

Hi I am a F1 visa status international student from Japan. My friend (he is an US citizen) asked me to be his co-founder for his company. I am scheduled to leave the States this year after graduation. I was wondering if I can be his co-founder and, if so, what are some regulations/processes I have... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 25, 2023

There are complicated immigration rules regarding volunteering, working, and passive investing on your F-1 visa. Your OPT might be useful if the work is related to your degree. Then there is the possibility of if a change of status to L-1, for example. Without assessing the specifics of your case... View More

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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1 Answer | Asked in Business Law, International Law and Internet Law for New York on
Q: Hello.

I want to create a VOD website for movies. The idea is that it will work as a fundraising site for artists, so That the projects will be presented to customers who will then donate to finance the production of the movie, once it is produced they will receive a copy of the film, to stream in our... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 30, 2022

It sounds like a crowdfunding campaign for a creative project in development, where the entrepreneur takes back orders before actually having the inventory to fill the orders. Check out kickstarter as a possible starting point. Many creative entrepreneurs have used it to successfully launch their... View More

2 Answers | Asked in Divorce and International Law for New York on
Q: Can I get alimony or financial retribution?

My husband has abandoned me after 19 years of marriage. He transferred all his money overseas to Cyprus, Europe. He left me with no financial support here. He won a law suit settlement recently during our marriage. He is also a stakeholder in a restaurant (unsure of the percentage). He has also... View More

Derrick  Storms
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answered on Sep 20, 2022

In New York, marital property is distributed through a process called equitable distribution. Many factors affect how the court will allocate marital property, such as the length of the marriage, each spouse's contribution to the marriage, etc. In some cases judges will split marital... View More

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1 Answer | Asked in Immigration Law and International Law for New York on
Q: Hello, I am currently studying law (Ivy League) in the United States with an F1 Visa. I want a green card, how it's ?

I'm in an ivy league and I should pass my bar in New York.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 30, 2022

Your future employer can sponsor you for a green card. Engage an attorney to represent you once you get a job offer. He/she can handle all steps from A to Z.

2 Answers | Asked in Estate Planning, Family Law and International Law for New York on
Q: What are the Legal Disadvantages of a CareTaker in a Will

If some one from my Friends or Extended Family is asking me, that they would like to write my name in there will as a Care Taker. If I say OK. What will be legal disadvantages in worst conditions for a Care Taker. If They are in Debts or can't pay the Hospital Bills in Future. Do I have to pay... View More

Benjamin Z. Katz
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answered on Mar 1, 2022

I am not sure what you have been asked to do. A Will is a document that states a person's wishes following their death. You would not be a caretaker of someone who has passed away. It is possible that you are being asked to be an agent under a Health Care Proxy, which is sometimes combined... View More

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2 Answers | Asked in Divorce and International Law for New York on
Q: Who may have authority over the children?

If a United States Citizen gets married to a British citizen. Both now live in England, having now two children. A divorce is in the question, who has authority over the children?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 10, 2022

This is a question for an English attorney as the parties and children reside in England and English law would apply.

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2 Answers | Asked in Immigration Law, Child Support and International Law for New York on
Q: What are the legal ramifications if I don't assist my Chinese ex-wife in renewing our daughter's U.S. passport abroad?

My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 11, 2021

There are no ramifications except that your wife will tell your daughter of your refusal

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1 Answer | Asked in International Law and Landlord - Tenant for New York on
Q: Is a rental agreement and utility bill enough to be granted entry into canada from the US?

h

Elaine Shay
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Elaine Shay
answered on Mar 4, 2021

Entry into Canada requires that all persons carry both proof of citizenship and proof of identity. A valid U.S. passport, passport card, or NEXUS card satisfies these requirements for U.S. citizens. However, US citizens can no longer cross the border, back into the US, from Canada, using only a... View More

2 Answers | Asked in Family Law and International Law for New York on
Q: Does a child need written permission if flying out of country with only one parent? Parents are married, live together.
David Luther Woodward
David Luther Woodward
answered on Oct 7, 2020

The first thing the child needs is a passport! That's to get back in, if nothing else!

It wouldn't hurt to have an affidavit of permission to travel. I don't see it as a complicated instrument, but there may be a twist of family law in New York of which I am unaware (I...
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1 Answer | Asked in Gov & Administrative Law, International Law and Tax Law for New York on
Q: I am an international PhD student in the States. I want to simultaneously obtain a PhD in my home country.

My presence in my home country is not needed, I can work with my advisor remotely. My US advisor knows my home country advisor; they work on very close problems, they are both okay with this scenario. Can I legally do it, from the point of view of the US laws? I receive a scholarship in the States... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2020

If a visa of any type is involved, you may want to additionally repost in the Immigration Law section - it's possible the insight of an immigration attorney could be valuable, and possibly more relevant than the other categories, depending on circumstances. Good luck

Tim Akpinar

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