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1 Answer | Asked in Immigration Law for New Jersey on
Q: Applying for employment-based I485, missing old expired passport from 2013-2023.

I am considering applying for employment-based US permanent residency. I understand that during the I485, the USCIS requires the submittal of all old passports for travel history reference. I do NOT have my passport from 2013-2023. I am a Canadian Citizen. What are the complications that will arise... View More

James L. Arrasmith
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answered on Feb 21, 2024

Not having your old expired passport from 2013-2023 may pose complications during the I485 application process. USCIS requires submission of all old passports to verify your travel history and ensure accuracy in your application. However, missing passports do not necessarily disqualify you from... View More

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: A university copied a course that I made and offering online to hundreds of students. How do I sue for copyright breach?

I am a university professor. I created a graduate course that I grew over time and it became very popular attracting 200+ students. I then had to take medical leave. After returning I have discovered that the university has made an online version of my course and are offering it to hundreds of... View More

Emmanuel Coffy
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answered on Feb 18, 2024

Suing for copyright infringement involves several steps and considerations, especially in the context of academic work and the agreements that might exist between faculty members and their institutions. Before proceeding, it's crucial to understand the specific circumstances of your case,... View More

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: A university copied a course that I made and offering online to hundreds of students. How do I sue for copyright breach?

I am a university professor. I created a graduate course that I grew over time and it became very popular attracting 200+ students. I then had to take medical leave. After returning I have discovered that the university has made an online version of my course and are offering it to hundreds of... View More

James L. Arrasmith
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answered on Feb 21, 2024

To sue the university for copyright infringement, you would need to gather evidence to support your claim. This includes documentation proving that you created the original course, such as lesson plans, syllabi, and other course materials. Additionally, you should collect any correspondence or... View More

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Why after 7 years of being a fit mother and filing half a dozen times for joint custody, I still don't have it?

award me joint custody of our daughter? I've been accused of doing drugs, which I disproved over and over with clean hair follicle tests, having my child withheld whenever the father feels like changing the schedule. Also, when my daughter was a baby and I asked the judge when I can raise... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 12, 2024

In order to file for a modification or change to a preexisting custody order, the moving party needs to demonstrate that circumstances have changed since the prior order and that the current custody/parenting time schedule is no longer in the child's best interests. Depending on the facts and... View More

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Why after 7 years of being a fit mother and filing half a dozen times for joint custody, I still don't have it?

award me joint custody of our daughter? I've been accused of doing drugs, which I disproved over and over with clean hair follicle tests, having my child withheld whenever the father feels like changing the schedule. Also, when my daughter was a baby and I asked the judge when I can raise... View More

Richard Diamond
Richard Diamond
answered on Feb 16, 2024

I understand your frustration but there are pieces to this story that are missing and the best advice I can give you is to sit down with an experienced divorce lawyer to review the history of the court orders entered in your matter and review the certifications filed in support of your requests and... View More

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1 Answer | Asked in Personal Injury and Health Care Law for New Jersey on
Q: Can you sue a hospital in NJ for negligence, but the word COVID is attached?

It’s not because of contracting Covid but because they didn’t do enough to care for a high risk patient and then patient lost organs, health, career, etc.

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

The best way to answer your question would be to reach out to attorneys to try to arrange a consultation. Most law firms that handle such cases offer free initial consults. In terms of your theory related to COVID, that's something that would involve further review. No one here could offer an... View More

2 Answers | Asked in Family Law for New Jersey on
Q: If we did a pre-nup doc but just signed it ourselves (as a couple, no lawyer/notary), can we get it notarized later on?

We live in New Jersey and got married there. Before the wedding we (couple) created our own document and signed it ourselves but had no lawyer/notary involved.

Now to register the wedding in another country (one of us is not a US citizen so we wanted to register in both) the other country... View More

Richard Diamond
Richard Diamond
answered on Feb 15, 2024

I understand the question and the short answer is that you can try to find a notary that is willing to sign the document acknowledging your respective signatures. If you and your spouse talk with the notary and acknowledge that the signatures affixed to the document are your signatures, the notary... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for New Jersey on
Q: Can I find out who the complainant was responsible for precipitating the home raid by local cops with a drug warrant?

Nothing was found and no arrests were made. How do I find out who signed a sworn affidavit accusing me of drug activity?

James L. Arrasmith
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answered on Feb 24, 2024

If you want to find out who filed the complaint that led to the home raid by local police, you can start by requesting a copy of the search warrant affidavit or the police report related to the incident. These documents may contain information about the complainant or the basis for the search... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for New Jersey on
Q: Can I find out who the complainant was responsible for precipitating the home raid by local cops with a drug warrant?

Nothing was found and no arrests were made. How do I find out who signed a sworn affidavit accusing me of drug activity?

Louis A Casadia
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answered on Feb 14, 2024

So do you mean the officer who brought the warrant before the Judge or perhaps a regular citizen that provided the evidence to support the warrant? They are required to leave a copy of the Warrant order which should say the name of the officer that applied for the warrant. As for who provided them... View More

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1 Answer | Asked in Personal Injury and Animal / Dog Law for New Jersey on
Q: Can the person sue if my dog attacked them but no one was injured
Tim Akpinar
Tim Akpinar
answered on Feb 13, 2024

Injury is generally a necessary component of a tort (personal injury)-based case. Without knowing more details, it's not clear what someone would base such a case on, unless it's primarily based on emotional trauma (or something similar along those lines). Someone could always sue;... View More

1 Answer | Asked in Family Law for New Jersey on
Q: hi. i have family judge, threatened me against use of new evidence, has found everyway do quell my new evidence, delayed

Currently ignoring filed motions that contain new evidence of plaintiff perjury, njdcpp ethics, falsification of medical documents, more. Judge knows this evidence destroys the case against me and her judgement. promised she was not going to hear it. Can I compel judge to hear my motions and see my... View More

Richard Diamond
Richard Diamond
answered on Feb 12, 2024

Not necessarily and it does not mean that the judge is wrong or that the appellate division will reverse the courts actions. When a matter is filed in the court system, parties are obligated to file / serve specific discovery requests and those requests for information MUST be produced to the other... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: If you max out on a five flat but still owe 800 dollars on your fines from your conviction do they keep you on parole
Louis A Casadia
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answered on Feb 8, 2024

I can tell you that if you were on probation, they would terminate you from probation and send the outstanding fines to supervised collections. If you literally maxed out the entire 5 years then they would likely just convert the fine into a judgement, but if you still had some "time"... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: US citizen,filed I-130 for married son (38yrs) in 2016. However, he is now divorce. Do I need to reapply for new I-130?

His priority date is August 2016. However, he is now divorce. Can he still use this 'old' priority date or do we need to file a new I-130 as is 45 years old and single.

James L. Arrasmith
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answered on Feb 22, 2024

In the case where your son's marital status has changed due to divorce, you generally do not need to reapply for a new I-130 petition. However, it's crucial to inform the United States Citizenship and Immigration Services (USCIS) about the change in marital status and provide any required... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I filed for US citizenship, passed the history/language test and was given a letter requesting I submit more docs.

The docs they are requesting are… a death certificate for an ex wife of 33 years ago, and two arrest records from the 90s as well. Why would they need this? Don’t they already have that info? Can I be denied? The arrests (2) did not have me do time, I was released the same day with no fines.

James L. Arrasmith
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answered on Feb 5, 2024

When applying for U.S. citizenship, the United States Citizenship and Immigration Services (USCIS) conducts a thorough review of your background to ensure you meet all eligibility criteria. The request for a death certificate for an ex-spouse and records of past arrests, even if they occurred many... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: What would be a credible answer/evidence to accept an extention of my B2 visa when applying for the I-539 ?

I'm currently in the US on B2 visa waiting for my Canadian visa to be issued. Unfortunately, my visa (i-95) is expiring soon and would like to extend my visa until the decision has arrived and I can reunite with my family in Canada.

James L. Arrasmith
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answered on Feb 4, 2024

When applying for an extension of your B2 visa through Form I-539, Application To Extend/Change Nonimmigrant Status, credible evidence to support your request would typically include documentation that demonstrates the reason for your extension and ensures that you plan to return to your home... View More

1 Answer | Asked in Contracts and Consumer Law for New Jersey on
Q: I want out of my solar contract and a refund.

I'm in New Jersey and I was sold a solar system that was supposed to offset 90% of my utility usage and it barely offsets 35%. I have it in writing where my sells person told the company if my system didn't offset 90% I would decline the system and then the sells person came back to let... View More

Melissa Totaro
Melissa Totaro
answered on Feb 2, 2024

Based on the facts as you recount them you could have a viable cause of action under the New Jersey Consumer Fraud Act, which prohibits merchants from engaging in certain unfair conduct, including false promise, misrepresentation and otherwise deceptive tactics. The Consumer Fraud Act provides... View More

2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

Louis A Casadia
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answered on Feb 1, 2024

I also agree you should just call the court and explain your situation that you did not get notice in time. An attorney could also do this on your behalf. As to the simple assault charges you need representation so that someone can obtain the evidence and speak with the Prosecutor. It may also be... View More

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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If I have a court order with date till I have to file answer for a divorce, can I ask the court for extention ?

I have dead line for answer for my divorce case but I need more time.

Since the date is in court order I would like to know if I can ask the court strait for extention or I have to reach up the other parties before I filed to court? Nj

Richard Diamond
Richard Diamond
answered on Jan 30, 2024

If the deadline to file an Answer is set forth in a court order, you need to comply with that deadline. My guess is that the other lawyer is not going to give you additional time. BUT, go online and google form Answer to divorce complaint in New Jersey and I have to beleive that there are plenty of... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: House not being registered for 14 years?

House not being registered for 14 years?

An eviction (started 6 months ago) was just dismissed, with forgiveness of past 6 months’ rent, due to the house illegally not being registered for 14 years.

Can the landlord be sued for past 14 years rent (over $100.000), for not telling... View More

T. Augustus Claus
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answered on Jan 30, 2024

In New Jersey, if a rental property is not properly registered, it can have significant legal implications for the landlord. In your case, where an eviction was dismissed and past rent forgiven due to the property's lack of registration for 14 years, you might be considering legal action... View More

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