Hawaii Questions & Answers by Practice Area


Hawaii Questions & Answers

Q: How do I provide divorce document when I was never married to my child biological father? USCIS requires it for N-600.

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Jun 20, 2018
Carl Shusterman's answer
You need to file an affidavit explaining this discrepancy. Better yet, show the paperwork to an experienced immigration attorney before doing anything.
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Q: My husbands visa interview is at the end of this month but his case is in transferring process, does he still attends?

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Jun 18, 2018
Carl Shusterman's answer
Confusing question. If his case is being transferred to Seoul, why does he have a visa interview in Lagos? If he does, I recommend that he attend the interview.
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Q: My fiance isnt in school so his visa is getting pulled we get married in 6months is there a way for him stay til then?

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Jun 16, 2018
Carl Shusterman's answer
You may want to consider getting married now so you could sponsor him for a green card right away.
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Q: What can I do if someone harasses me through text messages?

1 Answer | Asked in Criminal Law and Personal Injury for Hawaii on
Answered on Jun 7, 2018
Lauren M. Sharon's answer
Depending on what was said and your relationship with the person, you might want to make a police report so that incident can be documented and the police can explore the possibility of pressing charges. If it continues, or if you feel that your safety and property if threatened by the messages, you might want to consider consulting an attorney about the possibility of a restraining order.
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Q: Adopted daughter is 16 now. We got her at 14. Previously PTSD, child molestation, reactive attachment disorder issue.

1 Answer | Asked in Criminal Law and Juvenile Law for Hawaii on
Answered on Jun 7, 2018
Lauren M. Sharon's answer
I would suggest having a full, thorough consultation with an attorney, as I am unclear as to the details.

Q: If I Recieve Messages From Someone Who Says He Will Kill Me if Im Around His Child Is That A Form Of Blackmail?

2 Answers | Asked in Criminal Law for Hawaii on
Answered on Jun 7, 2018
Lauren M. Sharon's answer
I think you need to clarify your question. I’m unsure what your asking.
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Q: I was curious what the statute of limitations are to collect back state income taxes in Hawaii are?

1 Answer | Asked in Tax Law for Hawaii on
Answered on May 23, 2018
Eric Steven Day's answer
I am not a Hawaii based tax attorney but most states and the federal government don’t start the statute of limitations on collections or audits until you have actually filed a return or the government filed one for you. They may not have any record of you having income in some instances, but typically yes they can come after you indefinitely if you don’t file.
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Q: My husband is getting an annulment in the process of my green card, I am already inside the us. what are my options?

1 Answer | Asked in Immigration Law for Hawaii on
Answered on May 8, 2018
Carl Shusterman's answer
Impossible to answer your question without knowing more about you. Schedule a legal consultation with an experienced immigration lawyer.

Q: What kind of visa will my friend need if he is planning to come here and do business?

2 Answers | Asked in Immigration Law for Hawaii on
Answered on May 4, 2018
Shan Dimitris Potts' answer
Hello,

There are several "business" visas available. What kind of visa is suitable for your friend depends on the type of business and the amount of money he/she will invest in that business. Talk to an immigration attorney or have your friend talk to an immigration attorney in private to identify which visa is best for your friend.

All the best.

-Shan Potts

www.pottsmartinez.com

+1 (323) 803 7147

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Q: Was out of status. Case dismissed, gr card based on marriage. Applying for citizenship. Need court docs w/application?

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Apr 27, 2018
Carl Shusterman's answer
Yes, you need to send a certified copy of your record of conviction along with your N-400 application for naturalization.

Q: I lost my Permanent Resident Card. Can i apply for US Citizenship without it or Do i need to replace it first? Thanks...

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Apr 27, 2018
Carl Shusterman's answer
You need to file a form I-90 to replace your green card before you apply for naturalization.

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.

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.

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...

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.

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.

Q: released from jail yesterday for a dirty ua on hope an they call my color to go ua again itcomes backdirty. Options?

1 Answer | Asked in Criminal Law for Hawaii on
Answered on Mar 24, 2018
Mark Simonds' answer
It depends. If your use was marijuana, the active chemical compound (tetrahydrocannabinol, otherwise referred to as THC) can take up to 30 days to completely leave the body. Other drugs can metabolize much quicker. I’m a lawyer, not a chemist, so you may wish to conduct some research on the internet and consult with your attorney how best to proceed. I wish you the best of luck, and hope you can break your addiction.

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).

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...

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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