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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can a borough ordinance conviction affect my US visa application?
James L. Arrasmith
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answered on Mar 7, 2024

When applying for a US visa, applicants are typically required to disclose any past convictions as part of the application process. The impact of a borough ordinance conviction on your visa application can depend on the nature of the offense. Minor violations or infractions, especially those not... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: What kind of lawyer can I reach out to for Housing, NJ Section 8 Voucher problems?

I am having a problem with NJ Department of Community Affairs when it comes to my Section 8 HCV application, I was selected to be on the waitlist and I filled out the application completely and information in my waitlist portal changed from me beings on the list to not being of the list. Now, a DCA... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

Landlord-Tenant/Housing Law attorneys would be a place to start. In addition to your own searches, there is a "Find a Lawyer" tab above. Local and state bar associations might have info in terms of attorney recommendations. Those resources fall outside this Q & A forum - any... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: What kind of lawyer can I reach out to for Housing, NJ Section 8 Voucher problems?

I am having a problem with NJ Department of Community Affairs when it comes to my Section 8 HCV application, I was selected to be on the waitlist and I filled out the application completely and information in my waitlist portal changed from me beings on the list to not being of the list. Now, a DCA... View More

James L. Arrasmith
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answered on Mar 6, 2024

For issues related to the Section 8 Housing Choice Voucher (HCV) program in New Jersey, reaching out to a lawyer who focuses on housing or landlord-tenant law would be beneficial. These attorneys are knowledgeable about the rights and regulations governing housing assistance programs, including... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for New Jersey on
Q: Can I sue Planet Fitness for creating me a second membership and denying me to cancel one of them?

In 2019, I registered at a PF location in NY using my boyfriend’s card. Later in the same year, I transferred the membership to a NJ club. In 2021, I transferred it to another NJ location, asking to change the payment method to my own card. However, PF unexpectedly created a SECOND membership,... View More

James L. Arrasmith
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answered on Mar 6, 2024

If you're facing issues with Planet Fitness over an unwanted second membership and difficulty in canceling it, it's understandable to feel frustrated. Your situation, where charges are being applied to two memberships when only one was intended, especially after attempting to resolve the... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: My i797 is valid till 2026, company is filed H1 amendment, with out approval of amendment can i file H4 & EAD Eextension
James L. Arrasmith
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answered on Mar 5, 2024

When your company files an H1 amendment, it indicates changes in your employment terms such as job duties, work location, or salary. This process is necessary to maintain the validity of your H1B status under the new conditions. Your I-797 form, which confirms your legal status and work... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Can u parody oompa loompa song for an ad on a new product that has nothing to do with the song. Title rhymes w product.
James L. Arrasmith
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answered on Mar 5, 2024

Parodying a song for commercial purposes requires careful navigation of copyright and trademark laws, even when the intent is to create a humorous or satirical advertisement. When you consider using a melody or lyrics similar to the "Oompa Loompa" song from "Charlie and the Chocolate... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New Jersey on
Q: Way to sue roommate for causing me mental trauma and trying to discourage me to find a replacement

I have been dealing with a cunning roommate. Since last 1 year, he had been making noise and partying once or twice a week ruining my sleep. When i confronted him, he blamed me equally for keeping silent for so long. I couldn't really stay peacefully once I confronted him.

I decided... View More

James L. Arrasmith
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answered on Mar 5, 2024

Suing a roommate for mental trauma and actions that discouraged potential replacements for your tenancy can be complex and challenging. In legal terms, to pursue a lawsuit for emotional distress, you would need to demonstrate that the roommate's actions were intentional or reckless, caused you... View More

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can I make a parody of the oompaa loompa song without licensing?
Emmanuel Coffy
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answered on Mar 5, 2024

Yes, creating a parody of the "Oompa Loompa" song from "Willy Wonka & the Chocolate Factory" may not require licensing under U.S. copyright law, thanks to the doctrine of fair use. Fair use allows for the use of copyrighted material without permission from the copyright... View More

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can I make a parody of the oompaa loompa song without licensing?
James L. Arrasmith
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answered on Mar 4, 2024

Creating a parody of a copyrighted work, including songs like the Oompa Loompa song from "Willy Wonka & the Chocolate Factory," falls under a specific category of use that can be considered fair use under copyright law. Fair use allows for the use of copyrighted material without... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: Can I move out of the house with my kids before a divorce or agreement? Or would it be abandonment I live in NJ

Married 8 yrs living together 16. 2 kids 9 & 11 yrs old. The house is only under my husbands name but was bought right after my youngest son was born but before we got married, he doesn’t work(hasn’t for a few yrs) I pay the mortgage (I give him the money cash) and also pay bills thru my... View More

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

Abandonment or desertion is a fault-based ground for divorce in New Jersey. It is defined by statute (N.J.S.A. 2A:34-2) as "willful and continued desertion" for a term of 12 months or longer. One way to establish abandonment as a fault-based ground for divorce is by providing proof that... View More

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Q: Can Code Enforcement enter the backyard of my property?

I am a tenant in a rental house. Recently we have had a Code Enforcement Officer enter our backyard and issue us a warning for trash and debris on our property. We did not allow anyone to enter our backyard from the Borough nor did our Landlord permit them as his Agent and notify us. Is this... View More

James L. Arrasmith
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answered on Mar 4, 2024

The question of whether Code Enforcement can enter your backyard without permission largely depends on local laws and regulations. Typically, code enforcement officers are allowed to inspect properties for violations of local ordinances, which can include issues visible from public spaces. However,... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: single mother renting a home in NJ and I am the only one on my lease, what is the process to have my adult son removed?

He has been living with me since June 2022 but has an alchohol and crack cocaine addiction. He refuses to get help and refuses to leave when requested. He pays no rent and is not listed on my lease. He is no longer welcome in my home. Can I just change the locks and refuse him entry or am I... View More

Matthew Schutz
Matthew Schutz
answered on Mar 3, 2024

First let me say sorry to hear about the difficulties you're having with your son.

From what you say in your question, you could probably file for an ejectment to remove your son. He is over 18, doesn't pay rent to you, doesn't make any contribution to the household expenses....
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can i open an LLC along with my full time job (40 hrs) on F1 Stem OPT?

I am currently on F1 STEM OPT expiring in 2026. I have a full time job with an employer who pays me good. I want to start a business (open an LLC) and continue working for my employer along with the LLC work. Is this possible?

James L. Arrasmith
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answered on Mar 3, 2024

While on F1 STEM OPT, your primary focus should be on gaining practical experience in your field of study through employment that is directly related to your major area of study. The regulations surrounding the F1 visa and STEM OPT specifically allow you to work for an employer who is E-Verify... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Municipal Law for New Jersey on
Q: I'm in need of a notice of tort claim against an officer (law enforcement) in NJ. Where do you obtain the right form?

Owed me a duty, broke into my locked room with body-worn cameras when I had no medical condition.

Just called dispatcher for noise complaint

James L. Arrasmith
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answered on Mar 2, 2024

In New Jersey, to file a notice of tort claim against a law enforcement officer, you will need to use a specific form that complies with the New Jersey Tort Claims Act. This form serves as a preliminary step to formally notify the relevant government entity of your intention to sue. The Notice of... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Have you ever been refused a U.S Visa, or been refused admission to the United States or withdrawn your application for?

So I and my spouse are first cousins and he is in the US on F1 visa. I got my F2 rejected last year due to this cousin marriage reason as told by the visa officer during my visa interview in the embassy. Now he has moved to another state in US where cousin marriage is not illegal by state law. My... View More

James L. Arrasmith
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answered on Mar 2, 2024

When filling out your DS-160 form, honesty and accuracy are paramount. In response to the question regarding prior visa refusal, you should select "Yes," as you have previously experienced a rejection. This is crucial because the U.S. immigration authorities value transparency and... View More

1 Answer | Asked in Business Formation, Education Law and Tax Law for New Jersey on
Q: I am the owner of a private school in NJ. I am considering changing its filing status from an LLC to a 501c3 nonprofit.

Is this possible in NJ? And if so, what are the initial steps that I should be considering?

James L. Arrasmith
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answered on Mar 1, 2024

Here are the key things to consider when changing a private school in New Jersey from an LLC to a 501(c)(3) nonprofit:

- It is possible to make this change in NJ. You would need to dissolve the LLC and then incorporate as a new nonprofit entity.

- To qualify as a 501(c)(3), the...
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1 Answer | Asked in Communications Law for New Jersey on
Q: Somebody clips a conversation online, edits it to only part of the conversation distributing it how canrequirethemtostop

Somebody takes a recording of somebody saying something online and starts distributing an edited version with no context, how am I able to get them to stop?

James L. Arrasmith
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answered on Feb 28, 2024

Here are a few options to try to get them to stop distributing the edited clip:

1. Send a cease and desist letter: Have a lawyer draft and send a letter demanding that they immediately stop the unauthorized use and distribution of the edited clip, which could potentially constitute...
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1 Answer | Asked in Family Law, Tax Law, Municipal Law and Real Estate Law for New Jersey on
Q: How do property taxes work on unregistered houses on one piece of land in Puerto Rico through inheritance?

My grandfather has past away leaving my grandmother as sole owner of the land with the main house being registered and current with property taxes. There are three siblings my mother, a middle brother (who sadly also past), and a younger brother. The younger brother convinced my grandfather when he... View More

James L. Arrasmith
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answered on Feb 28, 2024

In Puerto Rico, property taxes are assessed by the Municipal Revenue Collections Center (CRIM). When a house on a piece of land isn't registered with CRIM, it can indeed lead to complications, including the potential for back taxes once the property is properly reported. Given that your... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for New Jersey on
Q: The IRS sent me a letter stating I didn't report income from a 1099c. Upon my investigation on the matter I found out

The 1099c was sent to an old Address from 13 years ago and in my maiden name. How can I be penalized for information I never recieved?

James L. Arrasmith
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answered on Feb 28, 2024

When you receive a letter from the IRS stating that you didn't report income from a 1099-C, it's important to address the issue promptly, even if the information was sent to an outdated address and in a name you no longer use. The IRS assesses taxes based on income information reported to... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it lawful for the state of New Jersey to sentence a youthful offender under the age of 20 to a longer sentence than a

A 17-year-old juvenile, when there is neuroscience that shows similarities in their mental capacities?

Louis A Casadia
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answered on Feb 28, 2024

Yes, in New Jersey once you are 18 years of age you are considered an adult and subject to adult penalties. Now their is a mitigating factor a sentencing Judge must consider for offenders under the age of 26 but this does not bring the sentencing range back down to what it would be for a juvenile... View More

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