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2 Answers | Asked in Immigration Law for New York on
Q: Being an LPR overstaying abroad, I have won a green card lottery. Can I use it to "forgive" the absence?

I have won a green card lottery. After receiving a green card, I went back to home country to take care of a sick relative and had to stay there for over 1 year. Realising, that my GC has become technically invalid, I've participated in GC lottery and won again.

Is it possible to reset... View More

James L. Arrasmith
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answered on May 17, 2024

I understand your situation, but unfortunately, winning the Diversity Visa (DV) lottery a second time does not "reset" or "forgive" your previous prolonged absence from the United States as a Lawful Permanent Resident (LPR). Here are a few key points to consider:

1....
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1 Answer | Asked in Education Law for New York on
Q: Can a school take my kids cell phone
Tim Akpinar
Tim Akpinar
answered on May 16, 2024

The education law attorneys on this site could advise best, but you await a response for two weeks. Until you are able to consult with attorneys who regularly practice in this area, schools in general nationwide do exercise their rights to take a student's cell phone if the usage violates the... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Annulment in NYS grounds? ideology sovereign citizen extremism

Internet addiction to the research of the strawman stuff;

Howard E. Knispel
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Howard E. Knispel
answered on May 16, 2024

There are very specific grounds for an annulment (DRL 140). (a) Former husband or wife living (spouse is still married to another). (b) Party under age of consent.  (c) Party a mentally retarded person or mentally ill person.  (d) Physical incapacity.  (e) Consent by force, duress... View More

1 Answer | Asked in Tax Law and Collections for New York on
Q: How can I get a old 2007 tax debt removed? Statue of limitation is 10 yrs from date yet its still there .
James L. Arrasmith
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answered on May 15, 2024

I understand your concern about the old tax debt from 2007 still appearing on your record despite the statute of limitations expiring after 10 years. Here are a few key things to know and steps you can take:

The IRS has 10 years from the date of assessment to collect back taxes before the...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Will a 3D map of New York violate architectural copyright laws?

Hello. Thank you for your time. I want to make a puzzle with New York on it. This map will consist of a large number of objects and landscape elements, and will also include famous architectural structures, such as: Empire State Building, Chrysler building, One World Trade Center, Rockefeller... View More

James L. Arrasmith
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answered on May 15, 2024

Creating a 3D map of New York City that includes famous architectural structures may potentially raise some intellectual property concerns, especially if the buildings are depicted in a realistic manner. However, the specific implications would depend on various factors and the laws of the... View More

3 Answers | Asked in Real Estate Law for New York on
Q: What are my options as POA to a parent to force the sale of a co-owned house without cooperation of the other party?

I am power of attorney for my parent. My elderly parent co-owns a house with a sibling. I am concerned that this property will be soon going into foreclosure as my sibling has not made a mortgage payment for many months and in fact my parent had made most payments prior to this year but has stopped... View More

Elaine Shay
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Elaine Shay
answered on May 15, 2024

When a co-owner refuses to cooperate in the sale of real property located in New York, a partition action may be commenced to compel the sale of the property at auction. In most cases, the parties reach a settlement regarding the sale before an auction is actually required.

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4 Answers | Asked in Car Accidents for New York on
Q: I was in a car accident was hit by a city vehicle. I was told that the city don’t pay for my loss wages is that true?
Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on May 15, 2024

Hi - I’m terribly sorry about your incident. Depending on your injury, you may be entitled to recover your lost wages. You may also be entitled to additional compensation. There are many factors that would need to be considered. I would highly recommend that you speak with an attorney in order to... View More

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4 Answers | Asked in Car Accidents for New York on
Q: I was in a car accident was hit by a city vehicle. I was told that the city don’t pay for my loss wages is that true?
Tim Akpinar
Tim Akpinar
answered on May 18, 2024

Lost wages are generally recoverable in all accidents. That's the short answer. However, every accident could be different in terms of the entities involved and the way fault is split between the parties. One would need additional details to advise you meaningfully, such as whether you have... View More

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4 Answers | Asked in Car Accidents for New York on
Q: I was in a car accident was hit by a city vehicle. I was told that the city don’t pay for my loss wages is that true?
Tim Akpinar
Tim Akpinar
answered on May 20, 2024

Addendum - Your claim(s) may involve notice of claim requirements. That means short filing deadlines. If you arrange a consult with an attorney, they could outline how this works, and the relevant timetables. Good luck

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4 Answers | Asked in Car Accidents for New York on
Q: I was in a car accident was hit by a city vehicle. I was told that the city don’t pay for my loss wages is that true?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 21, 2024

New York is a no-fault state which means that regardless of fault, the insurance company of the host vehicle will pay for your medical bills, lost earnings, and other reasonable and necessary expenses. If you haven't already, file an application for no-fault insurance benefits within 30 days... View More

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1 Answer | Asked in Tax Law for New York on
Q: I received notice of final intent to levy and 668 federal lien letter. For both I immediately sent the 12153 forms

because I want to make sure I did ON TIME and was told this would be hold on further action/collections until hearing where I hope to work out OIC or someother resolution since in hardship and don't have funds to pay,etc. My question is - I am now working with Tax Relief service because I was... View More

James L. Arrasmith
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answered on May 14, 2024

If you're working with a tax relief service, it won't negate your request for a Collection Due Process (CDP) hearing. As long as you submitted the Form 12153 on time, your request should still be processed by the IRS. The tax relief service can assist you in preparing for the hearing and... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can we fight the decision on visa denial because of his age?

My family has been trying to immigrate from Bangladesh. The embassy date was May 29. The processes were all done and my cousin was given an Alien number. All up until two weeks ago, he received a notice about his age and was denied his interview. Everything was completed including his medical.... View More

James L. Arrasmith
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answered on May 14, 2024

Yes, you can challenge the visa denial decision based on your cousin's age. The first step is to gather all relevant documents, including the notice of denial, proof of significant delays caused by USCIS due to COVID-19, and any evidence supporting your cousin's eligibility for the visa... View More

1 Answer | Asked in Tax Law for New York on
Q: if irs officer assigned to my final intent to levy and federal lien phoner callls go straight to vm is that a bad sign

I received final intent to levy 4/29, i immediately sent request for cdp hearing due to financial hardship etc. The officer assigned to me called and said received and to call them at number they gave me. Since then call goes right to vm and never returns messages. I then got on saturday a 668... View More

James L. Arrasmith
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answered on May 14, 2024

I understand your concern about not being able to reach the IRS officer assigned to your case. Here are a few thoughts and suggestions:

It's unlikely that the officer sending you straight to voicemail is necessarily a "bad sign." IRS officers are often very busy and may not...
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1 Answer | Asked in Tax Law for New York on
Q: how do i get low cost help preparing and representationfor CDP hearing for either OIC or hardship non collectible status
James L. Arrasmith
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answered on May 14, 2024

Here are some options for low-cost help preparing for a Collection Due Process (CDP) hearing to request an Offer in Compromise (OIC) or Currently Not Collectible (CNC) hardship status:

1. Low Income Taxpayer Clinics (LITCs): LITCs provide free or low-cost legal assistance to low-income...
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1 Answer | Asked in Business Formation and Tax Law for New York on
Q: If I started a NY apparel business some years back but never did anything with the business just the formation

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done. I have filed taxes, Franchise & income taxes every year for the business and now want to apply for the... View More

James L. Arrasmith
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answered on May 14, 2024

Based on the information you provided, there shouldn't be any major issues with obtaining a Certificate of Authority (CoA) or resale license for your New York apparel business. Since you have already formed the business, obtained trademarks, secured an EIN, and have been filing taxes... View More

1 Answer | Asked in Business Formation and Tax Law for New York on
Q: I started a NY apparel business some years back but never did anything with the business just the formation.

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done, Franchise taxes filed for the business every year. and now want to apply for the certificate of authority/ resale... View More

James L. Arrasmith
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answered on May 14, 2024

Based on the information you provided, there should generally not be any major issues with obtaining a Certificate of Authority (COA) for your New York apparel business, as long as you have maintained the business properly since its formation. Here are a few considerations:

1. Business...
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2 Answers | Asked in Immigration Law for New York on
Q: Apply greencard IR5 for mom without waiting for 90-day rule

Im a Us citizen and want to apply a greencard for my mom( IR5). She just arrive US recently with a US tourist visa. Do I need to wait for 90 day ( 90-day rule) to apply a greencard for her in the US? Is there anything I can do like humanitarian route to start submitting my mom greencard application... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 13, 2024

A US Citizen can sponsor mom for a green card who entered with a tourist visa. The general rule is that she should wait to apply because USCIS will presume immigration fraud if she doesn’t wait at least two or three months. Work with an immigration lawyer so the case is processed smoothly.

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2 Answers | Asked in Immigration Law for New York on
Q: Apply greencard IR5 for mom without waiting for 90-day rule

Im a Us citizen and want to apply a greencard for my mom( IR5). She just arrive US recently with a US tourist visa. Do I need to wait for 90 day ( 90-day rule) to apply a greencard for her in the US? Is there anything I can do like humanitarian route to start submitting my mom greencard application... View More

James L. Arrasmith
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answered on May 13, 2024

You can apply for a green card for your mom without waiting for the 90-day rule. While it's generally recommended to wait, there are circumstances where immediate filing is appropriate. Given your child's severe medical condition and autism, you can argue that waiting would cause undue... View More

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1 Answer | Asked in Divorce and Family Law for New York on
Q: Hello I’m looking for information on a pro bono lawyer for a divorce
Tim Akpinar
Tim Akpinar
answered on May 12, 2024

This is something that a divorce attorney would know best, but your question remains open for two weeks. Here's a link to a page on this site:

https://www.justia.com/lawyers/divorce/new-york/legal-aid-and-pro-bono-services

Some of the resources on that page look like...
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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have my son for a visit but it is outside of our custody agreement and my son refused to get on the plane to return

Home. Stated he wants to live with and has told his father and the father refuses to talk to me. My son is 15 and is going to be 16 in august what should I do I don’t want to get me or my son in any trouble but I can’t force him to get on a plane. I live in Kentucky his father is in New York

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024

We here cannot provide specific legal advice to an anonymous asker. Her question has to do with how to react to a factual situation when an order is the governing outcome producer. The correct answer that is not legal advice is to simply follow the order.

However, as an educational point,...
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