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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: h1b

I completed my master's degree in summer 2023 as an international student. Unfortunately, my OPT application was rejected due to applying outside the 30-day rule, resulting in the termination of my SEVIS record. Subsequently, I was admitted to a new university, obtained an F1 visa stamp in... View More

James L. Arrasmith
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answered on Jul 20, 2024

You should proceed with applying for the H1B visa since your employer has already offered it to you, and the lottery was successful. This visa will allow you to work full-time and transition from your student status to a work visa, providing stability and a clear career path.

For the...
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2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

I'm sorry for your ordeal. There wasn't a question included, but it's clear you're wondering about your legal rights. Hopefully, you should receive your records without delay if everything was in order with the request (authorizations or any other forms), and it was made to the... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

2 Answers | Asked in Landlord - Tenant and Bankruptcy for New Jersey on
Q: Need to evict tenant..no rent in 17 months...filed bankruptcy June 29..went to court today...she was allowed to stay

For 6 months more for free...can you file bankruptcy in June and have a judgment in July...I need her out I could lose my house...plus her paperwork wasn't official documents...it was hand written

Leonard R. Boyer
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answered on Jul 3, 2024

You need to retain an experienced Bankruptcy attorney to file a Motion to Vacate the automatic stay and if you have not done so already, then you need to have the attorney file a proof of claim. Once the automatic stay is vacated, then you need to retain a landlord tenant attorney to get this... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can my wife re-enter the U.S. on an F1 visa smoothly? My PERM application is under processing.

I am currently on an H1B visa with my PERM application in progress, and my wife is in her first year of OPT on an F1 visa. We need to travel to India for my sister's wedding. Can my wife re-enter the U.S. smoothly with a valid F1 visa stamp?

I will likely receive my PERM decision... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address this question thoroughly, let's break it down into key points and considerations:

1. Your wife's current status:

- F1 visa holder

- In her first year of OPT (Optional Practical Training)

- Has a valid F1 visa stamp

2. Your status:...
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1 Answer | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: need to obtain detailed medical records from Hospital.

My daughter has spent the last year trying to understand why her mother had a reaction after her reclast infusion on 3/27/23. We are trying to understand why she had the reaction by comparing apples to apples, which we cannot do because her medical record information does not match the clinical... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2024

Before turning to attorneys, it could be worth checking if the records are maintained by a single entity. Ordinarily, with a properly completed authorization, you should be able to obtain records. If the doctors or other medical providers maintain separate recordkeeping and billing operations than... View More

1 Answer | Asked in Business Law and Patents (Intellectual Property) for New Jersey on
Q: A Federal Judge issued an injunction against one small company because it violated trade secrets of another. No patents?

The company in violation is selling non-FDA approved products. How can products be infringed upon based on "trade secrets" when their products don't have to adhere to a determined fixed standard?

For instance, in patented research, FDA-approved drugs are only successfully... View More

James L. Arrasmith
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answered on Jun 22, 2024

To understand this situation, we need to separate a few key concepts:

1. Trade secrets vs. Patents

2. FDA approval

3. Intellectual property infringement

Let's break these down:

1. Trade secrets vs. Patents:

Trade secrets and patents are two...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: The landlordmanager a d opposing case civil lawyer stole all my civil case documents before icoumd show it to the court

The documents were forgeries by the opposing lawyer to deceive and mislead .e false testimony fake court adjournment ,altered court orders

James L. Arrasmith
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answered on Jun 21, 2024

I understand this is a serious situation regarding your civil case documents. Here's a concise response with some general advice:

1. Report the theft to the police immediately.

2. Inform the court about the stolen documents and any suspected forgeries or alterations.

3....
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2 Answers | Asked in Car Accidents, Probate and Wrongful Death for New Jersey on
Q: my son‘s father was killed by a drunk driver . The other passenger in the car that survived is now suing my son’s estate

my son’s father died by getting hit by a drunk driver. he was driving. Uber at the time. One of the passengers died as well and One survived. The one that survived is now filing a wrongful death lawsuit against my son’s estate. He’s cleaning all these claims that he told my son‘s father to... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

I'm very sorry for the loss of your son's father. Like you say, it could be a matter of grabbing at straws for lack of other viable sources of compensation. You mention having a lawyer - it isn't clear from the description if this is a probate lawyer for the estate or a... View More

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1 Answer | Asked in Constitutional Law for New Jersey on
Q: How long can a police officer hold a cell phone without a warrent

A detective witnessed a ten minute conversation between two people in a car outside of Walmart. When the male walked in and the female left, he assumed it had to be a drug deal so he pulled the female driver over questioned her took his dog out the car circled it 4 times dog had absolutely no... View More

James L. Arrasmith
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answered on Jun 21, 2024

I'll provide some general information about police procedures and rights related to cell phone seizures, but I can't give specific legal advice about this situation. Here are some key points to consider:

1. Warrantless seizure: Police can temporarily seize a cell phone without a...
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1 Answer | Asked in Estate Planning, Banking, International Law and Probate for New Jersey on
Q: How do you get money from an account that was left to a deceased spouse in Puerto Rico?

My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?

James L. Arrasmith
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answered on Jun 19, 2024

To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:

1. Obtain a copy of your husband's death certificate and his grandmother's will or...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can my ex husband leave our 12 year old daughter home alone overnight while he's working night shift?

My ex started working a full time overnight position leaving our 12 year old daughter home alone on his nights which are Wed, Thursday and every other Friday. He kept this a secret until my daughter finally told me. I'm highly concerned and I live 6 minutes away, however he's so... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 18, 2024

In deciding whether to modify custody, the Court considers whether there has been a change in circumstances and whether a change to the custody schedule would be in the child’s best interests. A judge may decide that your ex leaving the child alone at night is a change in circumstance and that... View More

1 Answer | Asked in Education Law and Health Care Law for New Jersey on
Q: can i sue this school if i have a heat stroke from no AC
Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

As a student, it could depend on the severity or permanence. I hope you're okay. As an employee, it could fall under workers compensation. You could reach out to attorneys to discuss more meaningfully, especially if you have any medical records. Good luck

1 Answer | Asked in Criminal Law for New Jersey on
Q: After seeing a judge for simple assault in NJ, how fast is someone freed?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 16, 2024

Generall depends on the persons past record such as even if you have a outstanding warrant for a traffic ticket the judge could hold you over until trial. But generally for simple assualt most people are released the same day they see the judge, but again depends on the facts of the case, injury... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What are the possible consequences for simple assault in NJ without previous criminal record?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 16, 2024

A first time offender faces the same penalties as a previous offender its just that a first time offender has alternative disposition options to eliminate the possible jail time. (Still needs consent of the judge but generally given assuming the injuries were not that bad) Thus the general... View More

1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Q: I'm having trouble understanding part of a interrogatories question from a debt collection lawyer. The part I'm having

Trouble with is" set forth in detail each defense which the defendant has to the above-entitled cause of action"

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

This is something that a collections defense attorney should advise on, but you await a response for two weeks. If you haven't already replied, it could be worth consulting with an experienced attorney on those questions. Those responses are important and could be fact-specific, depending on... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can the sponsor of a green card beneficiary file a petition to have that green card rescinded?
James L. Arrasmith
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answered on Jun 13, 2024

Yes, in certain circumstances, a sponsor of a green card holder (permanent resident) can request to have the sponsorship and green card revoked. This is typically done by filing Form I-130, Petition for Alien Relative, and withdrawing the petition.

However, there are some important...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can the sponsor of a green card beneficiary file a petition to have that green card rescinded?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

The sponsor of a green card can file a form trying to get the green card rescinded, but that does not mean that will actually happen. USCIS is understaffed and overloaded, so there is no guarantee it will even be looked at. You also need to have an extremely good reason or you may have significant... View More

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