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North Carolina Questions & Answers
0 Answers | Asked in Criminal Law for North Carolina on
Q: I was assaulted and robbed by a man who was later ordered by a judge to pay me $10,000 as a condition of probation.

It's been a couple of years now, and he has paid me nothing. Is there any way to make him pay?

1 Answer | Asked in Constitutional Law for North Carolina on
Q: Can police search you looking for something then charge you

You haven't been arrested when they search you

James L. Arrasmith
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answered on Dec 30, 2024

Yes, police can search you without arresting you in certain situations. If an officer has reasonable suspicion that you are involved in a crime, they may conduct a stop and frisk. This type of search is limited to what is necessary for officer safety.

Additionally, if you give consent to...
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0 Answers | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: If someone enters my house with a key, takes an damages stuff an ran up an electric bill but I have no tangible proof

I asked for key to be returned in Oct via police, but was given wrong key. And I didn't want to have landlord change locks so I didn't mention it to them. But I was gone about 3.5 weeks to return an pack my stuff an it was missing as well as damaged stuff. Law enforcement said it... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Hi, I have approved I140 under EB1C (L1A). If I move to EB1A, can I retain my priority date. Thanks.

I have approved I140 under EB1C (L1A) with priority date of March 2024.

I'm trying to understand which option can help me with staying longet (as L1A has 7 year limit) and employment flexibility without losing my priority date.

1. If I move to EB1A under current L1A visa, can I... View More

James L. Arrasmith
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answered on Dec 21, 2024

Yes, you can retain your March 2024 priority date when transferring from EB1C to EB1A, as both categories fall under the employment-based first preference. This rule applies regardless of whether you stay on L1A or switch to H1B status.

Moving to H1B could give you more flexibility since it...
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1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Is there a way to get the money back?

Bought a suit and within the hour changed my mind, went to cancel/refund and only then was I informed about their “no refund policy” but was instead given store credit. Just seems awfully sketchy on their end if there’s nothing that can be done.

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2025

A North Carolina attorney could advise best, but your question remains open for two weeks. It could come down to a matter of whether the store used adequate measures to give the public notice of their refund policy. Since the pandemic, some stores have implemented stricter return policies. Good luck

1 Answer | Asked in Social Security for North Carolina on
Q: My overpayment for my ssi is saying I still owe. What should I do?
James L. Arrasmith
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answered on Dec 23, 2024

If you're dealing with an SSI overpayment notice, the first step is to contact your local Social Security office right away. You can schedule an appointment to discuss your situation and understand exactly why they believe you were overpaid.

You have several options to handle this...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Can my answers to the citizenship question of my parents be used against them when filling out a passport

I was born here, they were not

James L. Arrasmith
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answered on Dec 20, 2024

The citizenship information you provide about your parents on your U.S. passport application is used solely for establishing your own citizenship status and identity.

Since you were born in the United States, you have birthright citizenship under the 14th Amendment, regardless of your...
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0 Answers | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can my employer prohibit me from speaking a non English language at work? What are My rights?

I work in a hospital setting, I occasionally speak Spanish to coworkers that speak Spanish in rooms with unconscious/sleeping patients and often in break rooms.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Two I-140 petitions were filed simultaneously, but only one was approved. Can I file Form I-485 based on the approved pe

Two I-140 petitions were filed simultaneously, but only one was approved. Can I file Form I-485 based on the approved petition, and what will happen to the unapproved petition?

James L. Arrasmith
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answered on Dec 20, 2024

Yes, you can proceed with filing Form I-485 based on your approved I-140 petition. The approval of one I-140 petition is sufficient to serve as the basis for your adjustment of status application, regardless of the status of other pending petitions.

Your unapproved I-140 petition will...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Hello, I sent forms i-140, 907, g-1450 and an evidence packet to USCIS lockbox and received 979C - rejection notice

All documents were returned in the mail. Each sheet of returned documents (1200 sheets) has a number line printed at the bottom indicating that the case has already been scanned. Also lockbox stapled all the sheets with a stapler and creased them a bit. I have corrected the forms. The notice states... View More

James L. Arrasmith
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answered on Dec 19, 2024

In situations like this where you've received a 979C rejection notice, it's best to submit fresh, clean copies of all documentation to ensure the best possible processing of your case.

Even though the returned documents show scanning numbers and have been stapled, USCIS typically...
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0 Answers | Asked in Child Custody for North Carolina on
Q: I have primary custody 2 minor children, but I don’t have a signed copy of the order. Should I send them to bio moms?

Judge awarded me primary physical custody in March 2024. I only received a “pre-draft order” Thursday December 12. Supposedly there was a hearing this afternoon. I physically wrote down what the judge said. Over the summer I sent my kids to visit their mom in CA (we reside in NC) she threatened... View More

0 Answers | Asked in Criminal Law for North Carolina on
Q: trafficking of meth charge be able to go to rehab instead of prison, How much Weight of meth is trafficking.? In N.c

I was locked up 6 months , then let out because grand jury wouldn't file the charges the way they wrote them. , out a month they rewrote the charges locked me back up. I bonded out then they raised my bond and lock me back up. It's been 3 years now. Never herd anything about a court date... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for North Carolina on
Q: Taking a open plea because a witness has lied and later admits she lied or denies statments on phone from prison

What can we do to get this brought back into court to have the sentance reduced due to the false statements ? And can prove that she isn’t a credible Witness due to all of her lies that are in the discovery . And the defendant did not recieve all of the discovery before the plea was accepted.

James L. Arrasmith
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answered on Jan 5, 2025

If you believe the plea was based on false statements, you can take steps to address this in court. Start by collecting all evidence that shows the witness lied, including any admissions she made later or inconsistencies in her statements. Document how these false statements affected the outcome of... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Hi, I'm filling i-140 (EB-1A) and faced Part3, section 7 question about nationality and citizenship.

I'm filling i-140 (EB-1A) and faced Part3, section 7 question about nationality and citizenship.

I'm a citizen of the two countries.

How should I fill this section:

1. Provide one country (passport of this country I fill in other sections of the form)

or... View More

James L. Arrasmith
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answered on Dec 17, 2024

When filling out Form I-140 for EB-1A, it's recommended to list both countries of citizenship. The USCIS generally expects complete disclosure of all citizenship statuses, and omitting one could potentially raise questions later in the process.

While you may be using one passport...
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Q: Is it legal for hotel housekeeping to enter my room, after me clearly stating to them I didn’t need housekeeping?
James L. Arrasmith
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answered on Dec 23, 2024

In most jurisdictions, hotel staff have the legal right to enter your room even if you decline housekeeping, primarily for security and safety reasons. This right is typically outlined in the hotel's terms of service that you agree to when booking.

However, hotels should follow proper...
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1 Answer | Asked in Employment Law for North Carolina on
Q: My employer paid me a stipend for an educational training and is now asking me to pay that stipend back.

I did not sign documentation agreeing to any certain terms with the stipend, yet my employer is claiming since I am not remaining employed for 2 years post-training I will have to repay the stipend amount. I have recently put in my 1 month notice to end employment. She is threatening to sue me for... View More

Kirton M. Madison
Kirton M. Madison
answered on Dec 16, 2024

In NC, your employee agreement, if there is one in place, will usually dictate whether you must repay the stipend to your employer. If the contract is silent on this matter, be sure the agreement does not incorporate an employee handbook or another document that informs employees of their... View More

0 Answers | Asked in Traffic Tickets for North Carolina on
Q: Can I get my license if a certain period has passed with multiple unpaid traffic tickets?

I live in NC. It’s been more than three years since my last offense

1 Answer | Asked in Tax Law and Civil Litigation for North Carolina on
Q: What is the statute of limitations to file a complaint against a NC hotel for nonrefunding taxes paid for longterm stays

I'm seeking information on the statute of limitations for filing a complaint against a North Carolina hotel for not refunding taxes on a long-term stay in accordance with the Accomodation Tax Refund laws, and whether COVID-19 court closures might have extended filing deadlines.

James L. Arrasmith
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answered on Jan 10, 2025

In North Carolina, you generally have three years from the date of payment to file a complaint regarding tax-related matters, including accommodation tax refund disputes. This timeline is established under N.C. General Statute § 105-266.1, which covers claims for refunds of overpaid taxes.... View More

0 Answers | Asked in Car Accidents for North Carolina on
Q: If your a passenger in a car who hits and kills someone and leaves the scene of the accident without reporting it/ scare

Failed to report it because was told by driver that I would be next if I said anything. Am I responsible, or liable for this accident, or death

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