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North Carolina Questions & Answers
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

1 Answer | Asked in Immigration Law for North Carolina on
Q: Confusion with uscis form i485 and reopen i140

On December 26, 2023 we filed an i140 ( EB1A) and simultaneously filed an i485 from the US out of tourist status.We got biometrics in January,SSN,Work Authorization,travel document in spring.On July 16,we received approval for i140.On July 18 for all our i485 cases(5pcs of them, 2 adults and 3... View More

James L. Arrasmith
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answered on Dec 15, 2024

Your situation sounds quite complex and understandably frustrating. Let me help break down what might be happening and suggest some next steps.

The key issue appears to be the I-140 approval notice stating you cannot change status in the U.S., which conflicts with your concurrent I-485...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: neighbor changes water flow on property causing damage next door
Anthony M. Avery
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answered on Dec 16, 2024

That will be a property tort action. You will need an attorney and some type of expert witness as to causation and damages. It will be expensive and difficult. Be certain of your tortious defendant, or at least sue all interested parties.

1 Answer | Asked in Contracts, Traffic Tickets and Municipal Law for North Carolina on
Q: If i thought I lost my ID and got a replacement and lose the replacement/find the old one, is the old one still valid?

I am traveling tomorrow, and lost the replacement ID, but found my old one. They are both the exact same ID.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2025

A North Carolina attorney could advise best, but your question remains open for a month. In such situations, the new ID usually replaces the old one. Although the timeline of your question has passed in terms of immediate travel, for future use, it would probably be best to present the new ID. Good... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Is it possible to apply to I-129 after applying I-140 and meeting RFE

I-129 is nonimmigrant, however I-140 is immigrant. I'm afraid that it could be a problem and I-129 could be rejected

James L. Arrasmith
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answered on Dec 13, 2024

Yes, you can file an I-129 petition after submitting an I-140 and responding to an RFE. The immigration system recognizes that many individuals maintain nonimmigrant status while pursuing permanent residency through the I-140 process.

Having immigrant intent (shown through your I-140...
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1 Answer | Asked in Legal Malpractice for North Carolina on
Q: is it legal for a market research company to change the payment incentive amount after you completed the entire study
Tim Akpinar
Tim Akpinar
answered on Dec 18, 2024

A North Carolina attorney could advise best, but your question remains open for a week. If you originally entered into an agreement with them for a set amount, then it sounds like a situation of breach of contract, from a textbook standpoint. From a PRACTICAL standpoint, your options could depend... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Insurance Defense for North Carolina on
Q: I have dwlr 5 I believe along with no insurance revoked tag and wrong tag..low income with 12 year old son. Single mothe

Please help. Jan Jan 7th and 10th

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2024

A North Carolina attorney must advise here, but you await a response for two weeks and it looks like your hearing is around the corner. A starting point could be to look into whether you qualify for a public defender (state-appointed defense attorney, based on financial need), or to see if your... View More

1 Answer | Asked in Probate for North Carolina on
Q: Who is responsible for paying a mortgage on a house wrapped up in an estate in NC? The estate is in probate.

The house in question is in Washington DC. The probate was first filed in North Carolina, since the deceased's primary residence was in NC. The executor is not paying the mortgage even though there are significant cash assets in the estate. Is the estate responsible for paying the mortgage or... View More

Anthony M. Avery
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answered on Dec 7, 2024

The beneficiaries are not liable on the note, but take property subject to the note and mortgage/deed of trust. Beneficiaries should file a motion to remove the executor for cause which is detrimental to the Estate. Will may give him discretion on what bills to pay however. Any beneficiary... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: 1) Is the french deed of notoriety sufficient to close the account or do we have to go through probate ?

My mother had a bank account in North Carolina. She was a french resident and french citizen. This account is the only asset she had in North Carolina and was not connected to the conduct of a US trade or business. My mother died intestate. I sent the bank a french deed of notoriety ( equivalent of... View More

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

Yes, you will need to go through probate.

1 Answer | Asked in Immigration Law for North Carolina on
Q: which date should I enter on my N400 form for naturalization? The date we signed the marriage or by the officiant?
James L. Arrasmith
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answered on Dec 3, 2024

For your N400 naturalization form, you should enter the official date when your marriage was legally solemnized - this is the date the officiant signed the marriage certificate.

While you and your spouse may have signed the marriage certificate on one day, the marriage isn't legally...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Advice Needed: I-140 and I-485 Denied, Next Steps?

I’m seeking advice on the best course of action regarding my immigration situation. My I-485 application (including my wife’s) was declined recently. I found out that my I-140 petition was denied, though I wasn’t informed about the denial initially. I haven't been told the exact reason,... View More

James L. Arrasmith
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answered on Dec 3, 2024

Your situation is complex but not uncommon in employment-based immigration cases. While tax-related I-140 denials can be challenging, having your attorney file both an appeal and start a new PERM process shows good strategic thinking to protect your status.

I-140 appeals typically take 6-18...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Im the seller. The buyer and me have the same attorney. The closing day was nov 26, this date has come and gone. NC
Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

What are you asking? I'd contact the closing attorney and find out what is going on.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Legal ramifications of purchasing a house that has an unpermitted addition.

I am looking to make an offer on a house in Alamance County, NC. The house has a sizable addition that is only half built. That is, the addition still needs all the finishing work completed, i.e., insulation, drywall, flooring, trim, painting, and HVAC including duct work.

I am... View More

Shane T. Johnson
Shane T. Johnson
answered on Nov 26, 2024

1. You would become liable for any resulting injuries or harm due to the code violations, and the work done without a permit. Further, you may be subject to inspection and requirement to correct by the governing bodies.

2. It may be difficult to sell the house. Your liabilities may extend...
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1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: How can I handle this miscommunication or confusion with my insurance and then being extra charged because of that?

I was dealing with mi car insurance about rates jumping up too high for my next policy and used the chat option that their app have, the person that I interacted with misunderstood what I wanted, I wanted to change my next policies rates and he changed my current one and now they are expecting me... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. You should be able to remedy this without attorneys. Keep trying to reach them on the phone. It looks like this mix-up resulted limitations in clear communication because of the chat session. Over the... View More

1 Answer | Asked in Family Law and Banking for North Carolina on
Q: Can POD designations ever be reversed in NJ?

My sister, Barbara, lived and died in a care facility. She had been abandoned by her husband and when she could not live in their marital home because it was uninhabitable, she had to go into a facility. She could not drive and because she was ill, could not leave the nursing home. Her husband... View More

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

You will need to post this question on the NJ portal, not here in NC. We are not licensed in the state of NJ.

1 Answer | Asked in Products Liability for North Carolina on
Q: I was making Velveeta shells, found everything is coated in plastic, I can roll it in my fingers, can I sue them?

They are poisoning their product and the people that consume it, I have video on my phone of me finding this and can easily recreate it with another box of shells, this is disgusting and needs to be stopped, I'm not sure how to proceed

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2024

A North Carolina attorney could advise best, but your question remains open for a week. Attorneys would probably want to know additional details about the nature of the coating you describe. Without knowing more facts, a question that would arise is, "What were the damages suffered?" You... View More

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: How to change ownership of a s-corp?

I want to turn my s-corp into a woman owned company by bringing in my wife as the 51% share holder. This is in order to win contracts that are only open to minority and women owned companies.

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

It depends on a number of issues. First, what type of entity is your company? Is it an LLC or Corporation? Either can elect to be an S-Corp as this is simply an election on how to be taxed by the IRS.

Either way, it would be wise to add your wife as an owner by creating a set of company...
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1 Answer | Asked in Consumer Law and Products Liability for North Carolina on
Q: What type of Lawyer would handle a problem with builder quality issues of my custom built home.

3000 sq ft LVP flooring installed and separating. Flooring not installed per Mfg instruction ( ie acclimate flooring prior to install and have HVAC running after to keep temp 55 -85 ) . Installed by builder in Feb before HVAC was running ( No HVAC til March) Mfg takes no responsibility. Builder... View More

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2024

A North Carolina attorney could advise best, but your question remains open for a week. You ask what type of lawyer. What you describe sounds like something that a construction law attorney could handle. Good luck

1 Answer | Asked in Insurance Bad Faith and Wrongful Death for North Carolina on
Q: Can I sue an insurance company for mistakingly denying my father a heart treatment then him dying 2 weeks later?

My father was supposed to have a heart procedure that was going to help his heart. We found out the day before the procedure that the hospital had a ‘scheduling issue’ that was due to the insurance company denying the request. At the ‘urgent appeal’ of his doctor, they admitted the mistake... View More

Tim Akpinar
Tim Akpinar
answered on Dec 18, 2024

I'm very sorry for the loss of your father. A North Carolina attorney could advise best, but your question remains open for a month. To provide a meaningful answer to your question, in terms of the denial, scheduling issues, and other factors, most attorneys would want the input of medical... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: I will like to file for an Annulment base on fraud.My husband moved to TX and I’m in NC.Do I need a lawyer here or in TX

The reason I want to file for an annulment is because I found out my husband used me to come to the USA.Now that he knows that I canceled his applications for his adjustment of status he wants to file for VAWA.There was never any abuse for the 7month we lived together.

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2024

A North Carolina or Texas attorney could advise best, but your question remains open for two weeks. It may have gone unnoticed under the "Uncategorized" heading. Some questions go unanswered here, but you could try reposting under "Divorce." Your post would have better chances... View More

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