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New Jersey Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: Hello, I'm filing for my citizenship an just wanted to know if I still have to provide my parent info even thou I'm 24?
Adan Vega
Adan Vega answered on Sep 25, 2020

You will need to provide information about your parents in PART 6, page 4 & 5 of the FORM N-400. If you omit this information, you risk that USCIS will return the filing as "incomplete".

2 Answers | Asked in Immigration Law for New Jersey on
Q: For marriage green card/adjustment status, do I need I-944? I’m exempt from Inadmissibility and maintained lawful status

I have prepared l-485, l-130/130A, l-864, and l-765

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Sep 25, 2020

Good morning. The I-944 is required for Adjustment of status. Marriage based greencard is my main focus of practice. I will be glad to help you review your documents before submission.

Be sure your spouse is a US citizen before filing concurrently.

This communication is not legal...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Green card Application - Issue with Last Name in Birth certificate.

I am preparing to apply for Family based Green card through my spose being a US citizen.

I have my birth certificate from India. It does not have my last name/Initial. My last name is same as my Fathers name. My Father's name is on the Birth certificate.

Is not having the last... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2020

It shouldn’t be. You can submit a copy of your passport as confirmation.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Defendant shot. State obtained a search warrant for ballistics. Search of car, found drugs in bucket in trunk.

Would appreciate some assistance (legal). If someone could reach out? MJC@CuellarLawFirm.com

James A. Abate
James A. Abate answered on Sep 24, 2020

You need to have a consultation with a criminal lawyer. These are serious charges.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My boyfriend has these charges (#1)2c:18-2a(1) (#2)2c-20-3a (#3)2c:-18-3b (#4)2c:-18-3b (#5) 2c:18-2a(1)

He is currently on probation, this will be his 3rd violation of probation. Is there any chance of him getting out ? If not, how many years is he facing?

James A. Abate
James A. Abate answered on Sep 24, 2020

Third violation of probation, by commission of Burglary will invite a motion to remand to county jail. But he is presumed not guilty. It may be possible to avoid going to jail until trial. But he will need an experienced attorney and their work is cut out for them. On just the burglary alone he... Read more »

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Good afternoon, I am currently trying to restore my license but discovered someone obtained a license in my name.

So I found out that someone got a license in my name and received tickets and other violations, I went to court to deal with this however the judge was ..well difficult. she told me I need to prove that it was not me driving at that time. These tickets go back to 1995. How am I suppose to prove I... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 22, 2020

We're not allowed on this site to give you specific advice on how to win a case yourself. However what I can tell you is that this is the reason why people hire lawyers to try to win the case for them when they don't know how to do it themselves.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hi, I am an officer of our condo association. The units are at the seashore and not winterized.

One owner is selling his unit as "year-round". Does the Association have a fiduciary duty to disclose this misrepresentation to the realtor or buyer? Can the Association be held liable if it does not? The building was originally sold as year-round, but that was a fraudulent... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 21, 2020

All my answers are based on NJ statutes and case law. I am not familiar with PA law. So assuming the development were in NJ, I would answer as follows.

There would be no obligation for the Association to review every ad with Seller's puffing in it. I would assume you are referring to a...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Warning 39-4-97.3. Handsfree on speaker. Cannot find prohibition of speaker in statute? Cited for seatbelt but wearing
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 21, 2020

As long as you did not hold/touch your not guilty of the offense of using your cell phone. If you did touch it then it gets tricky. That being said if you only got a seat belt ticket instead, just pay it not worth fighting a ticket under $200.00 for most people.

2 Answers | Asked in Family Law for New Jersey on
Q: I advocate and assist in finding proper representation for grandparents. Searching for a family lawyer

Involving a 5 year old child who's father and mother died and grandmother is being misled to sign to allow the childs aunt to adopt the child . The attorney representing the grandparent has threatened the grandmother to sign the document telling her it is easier this way and has created a... Read more »

Richard Diamond
Richard Diamond answered on Sep 21, 2020

Is this matter in New Jersey? If its not in NJ, I cannot speak to the laws of another state as to its handling of grandparent rights claims.

If the matter is properly in NJ, our firm has represented many grandparents in their efforts to remain involved in their grandchildren's lives...
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1 Answer | Asked in Employment Law for New Jersey on
Q: My employer is asking for me to provide COVID test results, is this permitted under NJ law?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 20, 2020

Much more information would be needed to be known to properly answer your questions such as where do you work. Obviously it would be important if you work at a nursing home.

1 Answer | Asked in Probate and Juvenile Law for New Jersey on
Q: If I’m 17 and on probation can I live with someone that isn’t a relative ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 19, 2020

The decision will be up to your probation officer but generally you will need to live with your guardian who is generally your parents.

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can the arrears ex owes me - they are mostly for child support, be counted retroactive for 5 years of cohabitation?

I divorced in 2013 due to DV. Contract states 250/week child support, 500/month alimony.

At time of divorce - 11 year marriage/2 children - I was undocumented and had no education as we decided to stay in USA to get his career going and I left University in Canada where I was a permanent... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 18, 2020

Thank you for your question. I am sorry you are going through this situation. To answer your question, alimony arrears and child support arrears are treated differently. Child support arrears are only retroactive to the date of the order or filing of the complaint -depending how the judge entered... Read more »

2 Answers | Asked in DUI / DWI for New Jersey on
Q: I live in New Jersey but my license was suspended in New York. Am I able to apply for a license in New Jersey still?
James A. Abate
James A. Abate answered on Sep 17, 2020

You will be asked if you are suspended in any other state. So the answer is no.

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3 Answers | Asked in Bankruptcy and Traffic Tickets for New Jersey on
Q: 1986 I lost my license failure paying a traffic ticket i get SSID NJ wants 15.000 restitution should I file bankruptcy

What can i do to get a driver's license is bankruptcy my only option??

Karra Kingston
Karra Kingston answered on Sep 17, 2020

Generally, fines to government agencies are not dischargeable in a Chapter 7. Fines intended to pincushion your for some type of action are not dischargeable as it would go against public policy.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got stopped for suspended license, but hadn't received notice yet (notice was prepared the same day I was stopped)

I've been offered dismissal of driving while suspended but guilty on failure to surrender license. Will that have much effect on my record, or should I fight it?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 16, 2020

Sounds like a great deal for you, but only your lawyer would be able to properly advise you. That being said we don't know you driving history and we don't know the facts of your case and if they even had cause to stop you so only your lawyer should be giving you the advise on what to do..

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I have a signed contract To a property I am purchasing. The renter is refusing to let anyone in to inspect/appraise.

What are my rights with a binding contract? There is no lease. Renter wants to purchase but has bad credit and no money. She is claiming she is not healthy to look for another place yet is out and about.

Morris Leo Greb
Morris Leo Greb answered on Sep 16, 2020

An very interesting situation! Is there a written lease between the the seller and the reluctant tenant? The lease may contain language concerning the Landlord's right to inspect the premises. If not, the Landlord/Seller must take affirmative steps to make it possible for you to inspect,... Read more »

4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Derek John Soltis
Derek John Soltis answered on Sep 16, 2020

The lein stays attached to the property and continues to gather interest. If a foreclosure has been initiated, that will be stayed pending the bankruptcy. If chapter 13 is filed, then the lien can be paid off in the chapter 13 bankruptcy.

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1 Answer | Asked in Divorce for New Jersey on
Q: Divorce Enquiry - Pro-bono

Good day. I am making this enquiry on behalf of my sister-in-law. She is a South African citizen living the US for about 5 years. Husband made an application for divorce and she needs help on her side. Unfortunately, she does not have capital to take this case on her own.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

This is a question that a divorce attorney could best advise on, but you await a response for three weeks. Until your sister-in-law is able to contact a divorce attorney, there are resources listed here on Justia under the heading "New Jersey Divorce Legal Aid & Pro Bono Services."... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: I have arrears my son was living with me since 2007 child support didn't stop until he turned 18

It didn't stop until 2009 I have a warrant now and I don't think I owe this money HELP ME PLEASE! THANK YOU

Teresa L. Reichek
Teresa L. Reichek answered on Sep 15, 2020

Thank you for your question. I'm sure that is a very stressful situation. You should immediately contact the probation department and make sure they know that your son is over 18. If you are on amicable terms with the other parent you should also ask him or her to contact probation and suspend... Read more »

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3 Answers | Asked in Domestic Violence for New Jersey on
Q: What will be my jail time or fines if found guilty of charge?

This was self defense I was attacked also,but no scars or anything was visible at the time of arrest?

James A. Abate
James A. Abate answered on Sep 15, 2020

More information is required. Depends on if it was domestic violence related, aggravated assault or simple assault charged as a indictable offense. Your record also factors. Yes you could face jail and max fine for aggravated assault is $15K. Be wise and retain an attorney.

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