Hawaii Questions & Answers by Practice Area


Hawaii Questions & Answers

Q: I am naturalized US citizen. Can i bring my 10 y.o sister together with my parents at once? Thanks

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Apr 20, 2018
Carl Shusterman's answer
Unfortunately not. You can easily sponsor your parents for green cards, but a sibling petition for someone born in the Philippines takes over 20 years. (I know that first hand since my wife is from Cebu.)

If your parents find an alternate way to immigrate to the US, their 10-year-old daughter could immigrate together with them.
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Q: If our child is born in the US, will that help my husband and I get green cards through her citizenship?

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Apr 20, 2018
Carl Shusterman's answer
Only when she turns 21 years of age can she sponsor you and your husband for green cards.

To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States.
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Q: Not sure if I need to patent idea or not.

1 Answer | Asked in Copyright, Intellectual Property and Patents for Hawaii on
Answered on Apr 19, 2018
Kevin Flynn's answer
One step is to kick your search skills up a level with the tips in my slide set. http://bit.ly/Patent_Searching.

Next you may want to wade into Section 101 issues as some software ideas are no longer welcome at the Patent and Trademark Office. This may be getting deeper into the weeds than you would like.

Most entrepreneurs are not likely to take this deep a dive into patent law nuances. However, if you are aware of the issues raised by the United States Supreme Court in...
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Q: Helping a campaign manager and was told to get photos of the politician off the internet to post on social media. Legal?

1 Answer | Asked in Copyright for Hawaii on
Answered on Apr 19, 2018
Benton R Patterson III's answer
What you are proposing is not legal. To publish photos taken by someone else, you would need to obtain permission from the person or business that owns the rights to those photos.
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Q: If a boat is legally anchored and hotel employees demand you leave and then force a boarding can you shoot them?

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Hawaii on
Answered on Apr 2, 2018
Gordon Charles Webb's answer
No!! Do yourself a favor and call the police, harbor patrol and coast guard before resorting to unreasonable force to protect personal property.
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Q: if you have multiple charges for the same crime, how is the sentence handled

1 Answer | Asked in Criminal Law for Hawaii on
Answered on Mar 22, 2018
Mark Simonds' answer
It depends. Prison sentences can run consecutively, which means they may be ordered at sentencing to run one after the other (your “100 year” scenario) or concurrently, which means they all run together (your “5 year” scenario).

If a sentence of probation is ordered, it is only one term for all counts (typically 4 years for most felonies in the State of Hawai’i). In other words, you cannot be placed on consecutive terms of probation (in Hawai’i, at least).
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Q: What does a free standing order mean for restitution

1 Answer | Asked in Criminal Law and Identity Theft for Hawaii on
Answered on Mar 21, 2018
Mark Simonds' answer
A free-standing order of restitution is an order for restitution which can stand on its own, apart from the criminal case it is connected to. What this means is that the person to whom restitution is owed (the “victim” of the crime) may enforce this order against the defendant in the same way a civil judgment may be enforced. In other words, if a defendant is subject to a free-standing order of restitution has income, that income can be garnished, should the victim wish to pursue...
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Q: Weve been living on a property for 25 years and just got evicted by new owners, we have 2 weeks left. Can i make a case

1 Answer | Asked in Landlord - Tenant for Hawaii on
Answered on Mar 4, 2018
Linda Simmons Campbell's answer
You will need to speak to an attorney to see if you meet all of the elements of an adverse possession. This is not something that we can answer for you in this format.
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Q: Can lawyers fees be recouped and part of a suit for damages to property and harassment, and/or punitive fees?

1 Answer | Asked in Civil Litigation, Personal Injury and Real Estate Law for Hawaii on
Answered on Jan 4, 2018
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Q: Hit a pedestrian with car. Police say it’s her fault. My car is wrecked. Can I take legal action for my car?

1 Answer | Asked in Car Accidents, Criminal Law and Small Claims for Hawaii on
Answered on Dec 26, 2017
Peter Munsing's answer
You can only go after her for the value of the vehicle. Presumably that was the collision that paid off the loan. If she had insurance that's all you can go after her for. Realistically, if she was on drugs in the middle of the road, do you think she will have money to pay for any judgment you get?
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Q: Can a father have full legal and physical custody of one child and the mother full custody of the other child?

1 Answer | Asked in Child Custody for Hawaii on
Answered on Dec 10, 2017
Lauren M. Sharon's answer
Yes, this is possible, so long as the judge is willing to sign off on the order. You should consult with an attorney regarding the consequences of such an agreement.
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Q: What are the chances of me getting full custody of my 2 year old daughter if I'm the father?

1 Answer | Asked in Divorce and Child Custody for Hawaii on
Answered on Dec 10, 2017
Lauren M. Sharon's answer
You should consult with an attorney, but unless the mother poses a danger to the child, it's unlikely she would lose custody of the child. 50/50 custody is most common in the state. The adultry probably won't be relevant.
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Q: How to can I get visitation if my child lives in hawaii and I live in Georgia ?

1 Answer | Asked in Child Custody for Hawaii on
Answered on Dec 10, 2017
Lauren M. Sharon's answer
I would suggest consulting with a Hawaii attorney, as Hawaii would have jurisdiction over the child if the child has lived in Hawaii for over six months.

Depending on if you and the mother are married, a divorce or paternity case would have to be initiated. If there's already a divorce or paternity decree in this matter, a motion for post decree relief would be filed if you are looking for more or different visitation than has been ordered. If you would like to enforce visitation...
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Q: Is there a case that I can make to keep overpayment if I contacted the employer multiple times to try and stop payment?

1 Answer | Asked in Employment Law for Hawaii on
Answered on Dec 9, 2017
Salim U. Shaikh's answer
Your stand and position is well clear. There seemed to be a system error that was generating payment and received by you. However, as you agreed to their over-payment and that no payment from ex-employer is outstanding, you may voluntarily return their over-payment asking them to formally accept error on their part and that you are not liable for it.
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Q: I found a Land Patent or Land grant given to my 4th Great Grandpa in 1861 and its signed by Abraham Lincoln how can i cl

1 Answer | Asked in Land Use & Zoning, Patents and Real Estate Law for Hawaii on
Answered on Dec 8, 2017
Kevin Flynn's answer
Although we now associate the word patent with the world of inventions as those with a patent given by a government can exclude others from making, using, selling, or offering to sell something covered by the patent rights -- the term patent was used more broadly in earlier times.

Letters patent were official grants by the government to an individual or company conveying special rights. It may have been the exclusive right to have a monopoly that was not related to any invention....
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Q: If I am on SSI and work part time bringing home $449 every 2 weeks do they deduct money from my $735 SSI check?

1 Answer | Asked in Social Security for Hawaii on
Answered on Nov 30, 2017
Peter Munsing's answer
The question will be at what point does your sustained work show an ability to engage in substantial gainful activity. Suggest you connect with your local legal aid office as your earnings look to exceed your SSI check. They may also affect any other government benefits, public housing etc.
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Q: What US law (in 21006 or 2007) gave timeshare resorts the right to let non-owners pay to use units ?

1 Answer | Asked in Consumer Law and Real Estate Law for Hawaii on
Answered on Nov 29, 2017
Michael Hales' answer
This right is typically granted by the resort's bylaws and not through legislation. If a room is not being used, they will allow others to use it in an effort to avoid waste. Does that answer your question?
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Q: If an illegitimate child's father is an american citizen, what surename should he/she be using?

1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Answered on Nov 27, 2017
Hector E. Quiroga's answer
Possibly. It depends on a variety of factors. It is best to consult with an immigration attorney to discuss your particular circumstances.
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Q: Can an old roommate enter house without permission and collect belongings?

1 Answer | Asked in Landlord - Tenant for Hawaii on
Answered on Nov 13, 2017
Salim U. Shaikh's answer
Technically, she did pre-inform you of her visit and as you fell asleep did not bother to wake you up .... however, came in and took away her belongings only. Lesson is be vigilant next time and secure your entry....
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Q: If the landlord and I have a written agreement to keep rent the same and stay there forever. Can the police kick us out

1 Answer | Asked in Landlord - Tenant for Hawaii on
Answered on Nov 9, 2017
Salim U. Shaikh's answer
As your landlord has intention to violate his own agreement and want to evict you by police, which is not a possibility, then as a pre-preemption you move for a restraining order through Attorney of your local jurisdiction along with claims of physical and emotional sufferings and damages for moving out.
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