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1 Answer | Asked in Immigration Law for New Jersey on
Q: If the asylum clock is stopped due to a request for time from the judge to bring a lawyer, when will it return to

If the asylum clock is stopped due to a request for time from the judge to bring a lawyer, when will it return to counting? Will it return after it was stopped, or will it make up for the period during which it was stopped?

James L. Arrasmith
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answered on May 21, 2024

When an asylum applicant requests additional time to find an attorney, the immigration judge may grant a continuance and stop the asylum clock. The asylum clock will resume on the date of the next hearing after the continuance.

However, the asylum clock will not make up for the time period...
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2 Answers | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Can I terminate my lease without a two-month termination fee after purchasing a house?

Now they want charge me two month because I did not provide them notice in advance , the think I was not sure when I would buy

Liscah Isaboke
Liscah Isaboke
answered on May 17, 2024

It depends on the language contained within the lease. I would contact an attorney to properly assess what your options are. There are very few leases that allow for the option of early termination.

In North Carolina, In accordance with NC Statute 42-45.1, there are certain requirements...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Hello, I live in Paramus, NJ. I'm looking to get divorced from my husband, who I've been separated from since 1995.

I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.

Leonard R. Boyer
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answered on May 16, 2024

I have good news and bad news for you. The bad news is that you have been separated since 1995, so your chances of being awarded spousal support are extremely slim. The good news is that you can get a divorce. You need to retain an experienced matrimonial attorney that will enable you to get on... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: How likely is it a single disorderly conduct citation in NJ lead to denial of citizenship or even deportation?

Police was called to hotel after knocking on wrong hotel room door while intoxicated. Weeks later was cited for disorderly conduct and judge made mention of possible ramifications leading from first and only ever legal infraction. Terrified to think this could lead to life altering consequences.

James L. Arrasmith
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answered on May 16, 2024

Based on the information provided, it is unlikely that a single disorderly conduct citation in New Jersey would lead to denial of citizenship or deportation on its own. However, it's important to consider a few factors:

1. Immigration status: The potential consequences may depend on...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Is it mandatory to travel to India from USA for H1B visa stamping when a person is not in USA during I129 filing.

My spouse travelled to USA from India in 2022. I applied for H1B lottery in 2023, my application got picked up in lottery. My Employer had filed the H1B petition in June 2023. I travelled to USA as dependent on H4 in August 2023. In Jan 2024, my H1B petition got approved. Now I am willing to work... View More

James L. Arrasmith
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answered on May 15, 2024

Based on the information provided, it seems that you are currently in the United States on an H-4 visa, and your H-1B petition was approved in January 2024. In this situation, you have two options:

1. Change of Status (COS) within the United States: You can file Form I-539 to request a...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is the possession of tiny plastic bags with no drug residue evidence a crime in New Jersey
Louis A Casadia
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answered on May 13, 2024

By itself no. They are commonly considered drug paraphernalia and you can be charged with that offense in relation to possessing such baggies. However, being charged with drug paraphernalia in relation to these bags requires some sort of other evidence to suggest you intend to use the baggies to... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is the possession of tiny plastic bags with no drug residue evidence a crime in New Jersey
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 13, 2024

No, not by itself it would not be paraphernalia, but for example if found with a spoon a needle and a lighter it would probably be an easy case for the prosecutor to win. Every case is different and depends on the facts and circumstances of its own.

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1 Answer | Asked in Legal Malpractice for New Jersey on
Q: How can I hold my legal representatives/ attorney's accountable for an on going litigation if I feel they are billing un

Unfair and predatory billing

Joel Gary Selik
Joel Gary Selik
answered on May 11, 2024

If you accuse them of predatory billing, you can expect them to withdraw. If they are, in fact, doing so, you would want different attorneys.

You can try asking, politely, to explain the billing, ask particular questions, and discuss the issues.

1 Answer | Asked in Medical Malpractice and Health Care Law for New Jersey on
Q: Is it worth it to pursue a doctor's office if a medical professional violated my consent with testing?

My gyno asked if I wanted STI screening, I said no.

I received a bill later that during the papsmear they had also run an STI check and I'm being billed for it.

Is it worth it to pursue this?

Tim Akpinar
Tim Akpinar
answered on May 6, 2024

Probably not. Although your frustration is understandable, the issue that arises will be the amount of damages you suffered as a result of running tests that insurance would probably pick up. But that's only an individual opinion. Other attorneys might see things differently - you could try to... View More

1 Answer | Asked in Tax Law for New Jersey on
Q: For nonprofits, is there any special tax procedure in regard to very high-value In-kind donations?

I own a nonprofit and a friend of mine will be donating 4 paintings he made that are worth over 50k, and he's choosing not to deduct them. I know to put this under schedule M of the 990, but because he's choosing not to deduct them, I'm not sure if I should go get them appraised or... View More

James L. Arrasmith
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answered on May 5, 2024

For nonprofits receiving high-value non-cash (in-kind) donations, there are some special considerations and procedures to follow:

1. Acknowledgment: The nonprofit should provide a written acknowledgment to the donor, describing the donated property and specifying whether any goods or...
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1 Answer | Asked in Tax Law for New Jersey on
Q: How Do You Account For Art As A Nonprofit If The Donor Chooses Not To Deduct It?

I own a nonprofit and a friend of mine will be donating 4 paintings he made that are worth over 50k, and he's choosing not to deduct them. I know to put this under schedule M of the 990, but because he's choosing not to deduct them, I'm not sure if I should go get them appraised or... View More

James L. Arrasmith
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answered on May 5, 2024

Even if the donor chooses not to claim a tax deduction for the donated artwork, it's still a good practice for your nonprofit to properly document and record the donation. Here's what you should consider:

1. Acknowledgment: Provide the donor with a written acknowledgment of the...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
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answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Wrongful Death and Civil Rights for New Jersey on
Q: How long does it take to receive settlement? How do I know if my lawyer was paid and I was not?

Had mediation in Jan and agreed to settlement. I have not heard from my lawyer since unless I reach out to them. I asked for feedback to where we stood with receiving payment since I had not signed one document. He then sent me documents to sign and still no feedback or payment. Seems odd that... View More

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

It's difficult to say what might be causing delays without see your file. But a common reason for delays in getting paid in a case is liens, usually medical liens. This could involve a medical office that wants to be reimbursed for services provided in the past without charging for them at the... View More

1 Answer | Asked in Civil Rights and Consumer Law for New Jersey on
Q: I’m trying to find an attorney to consult with regarding discrimination at chase bank?

They closed all my accounts and refuse to return funds due to a registered phone number.

Madeline Houston
Madeline Houston
answered on May 3, 2024

There are a number of federal and state consumer protection statutes that might apply to your situation depending on the specific facts. If indeed there is evidence that a bank improperly closed your accounts and withheld funds it had no right to these laws could provide you the ability to... View More

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: i live in new jersey but want to sue a company in san bruno, california. do i have to go to CA. to file?

In October 2023, I found $72.99 unauthorized charges on my bank statement. Bank advised cancelling the card. Later, discovered more unauthorized withdrawals from YouTubeTV, totaling $291.96. Despite bank's provisional credits, YouTubeTV didn’t refund, leaving negative balance. Months of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 2, 2024

You can file in California, if the terms of service of YouTube TV allow you to sue at all. There may be a mandatory arbitration provision. You are not going to be able to recover for the things you mentioned. You can recover for the money that you are actually out - around what, $400?

3 Answers | Asked in Business Law, Libel & Slander and Intellectual Property for New Jersey on
Q: Need help with defamation against a small startup business. We are being wrongfully accused of copying their ideas

Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.

Leonard R. Boyer
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answered on May 1, 2024

Sometimes a strongly worded letter from an experienced civil litigation attorney is enough to solve the problem. Whether or not you can file a lawsuit for emotional distress is questionable. If the letter does not help, then a lawsuit for copyright infringement will get their attention. You should... View More

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3 Answers | Asked in Business Law, Libel & Slander and Intellectual Property for New Jersey on
Q: Need help with defamation against a small startup business. We are being wrongfully accused of copying their ideas

Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.

James L. Arrasmith
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answered on May 19, 2024

I understand you feel wronged, but I have some concerns about the approach you're proposing. Here are a few important points to consider:

Sending a cease and desist letter with threats of a lawsuit is a very serious step that could escalate the conflict. It's usually advisable to...
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1 Answer | Asked in Estate Planning for New Jersey on
Q: Can I type up my own Last Will and Testament (NO LAWYER), Witnesses & sign in presence of notary...IS IT VALID IN NJ?

Would it be valid in NJ? What about those "Will kits" that Staples sells, are they valid? Also can I do the same for a POA document?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 29, 2024

If done correctly it certainly could be valid, the problem is many aren't and thats where your heirs will spend tens of thousands of dollars and can take years to settle your estate where as if you just spend a few hundred more you could have saved them all that trouble. Be smart hire a lawyer... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Hiding assets overseas in divorce matter.

My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More

Richard Diamond
Richard Diamond
answered on Apr 29, 2024

It sounds like you have a lawyer representing you and your lawyer is attempting to get documents for accounts you believe existed at some point in the past. If you have documentary proof of the existence of those accounts, give those documents to your lawyer so that your lawyer can ask the court to... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Lies and dishonesty on immigration status

During my divorce I’ve learned that my ex was actually making money from his personal business overseas while he was applying for his green card. He stated on his documents that he wasn’t earning money. Is this illegal? Can it get him deported? Is there anything I can provide to immigration to... View More

James L. Arrasmith
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answered on Apr 29, 2024

It sounds like you are going through a difficult situation with your divorce and the revelation about your ex-husband's dishonesty regarding his income when applying for a green card.

Providing false information on immigration documents is indeed illegal. It falls under the category...
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