New York Q&A by Practice Area
New York Questions & Answers
Q: I am a US citizen. I am married to a British citizen. We are relocating to the US. I have 4 grown children all US
Citizens. We have been married almost 30 years. How do we start the process of my wife obtaining a green card. Thanks
The immigration family-based is complex.
Your first step should be retain a good immigration attorney.
Once you retained good immigration attorney, s/he will explain to you the immigration family process; request from you the supporting documents; prepare, file and monitor your... Read more »
Q: My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice
My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen, inflamed... Read more »
If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... Read more »
Q: New York - My wife is 9 weeks pregnant. She was at work and witnessed her boss and an employee arguing. The employee
knocked over a flower vase full of water. She was then asked by the employee to take the two other vases to the basement. She slipped in the water which wasn't visible and walked towards the stairs. the stairs are concrete and glazed. she was holding two vases and proceeded to the stairs where she... Read more »
Contact workers compensation lawyers. Books or no books she was injured on the job. She has the right to recover work comp benefits.
Q: Who is liable when something breaks at work? In this case, the mirror on a customer car.
I work at a collision center. I was required to back a truck out of the narrow garage door. Upon doing so the edge of the mirror clipped the door and broke. My boss wants me to pay all of the damages (over $900) and wants the money today. Am I legally responsible for breaking something at work or... Read more »
Your boss can not legally deduct the amount from your wages. Here's why: https://www.labor.ny.gov/formsdocs/wp/LS605.PDF
If you are a valued employee he will change his mind about making you pay him back. But you may have to promise him that you will never, ever do that again since you are... Read more »
Q: non payment of rent
hello, i have 2 month of back rent. i am not a US citizen, and i am planing on moving back to Europe. if i leave without paying rent, would i have any issues traveling out of the country and would i have issues coming back to visit the US?
No. You can stiff them.
Q: Child Custody Laws Between New York and California
If a child's mother passes away in California and the biological father lives in New York, would the child be sent to New York?
You should first speak with a California attorney
Q: My son is 12 and being bully from a 14 year old that hit him what charges could i press on the kid and harassing him
He harassing him in school and scared him
contact the police
Q: Separated for 20 yrs. I ignored all divorce papers.He rested. RJI & recently got a judgement of divorce. Can I appeal?
2 adult kids
Unfortunately, you cannot appeal the divorce as you defaulted. You may be able to open the divorce up depending on all the facts. I suggest you bring all the papers and information that you have to an attorney and discuss with him in his office.
Q: Can an Indiana family court judge order hair and nail drug testing without proof?
The judge does not have jurisdiction to modify, just power to enforce.
This is not a NY question you need to post this as an Indiana state question.
Q: Hello, I'd like to ask if it is legal to print Lamborghini car on a merchandise (T-Shirts, Hoodies, Mugs) and sell it.
The image would be made by my graphic designer, so I would have his full permission to use it. But I am not sure, if that would be also alright with the Lamborghini company. There wouldn't be visible logo, just the car design.
It is not legal, even with the permission of your graphic designer, since the owner of such design is Lamborghini. You may want to ask permission to the owner directly.
This is from their website: https://www.lamborghini.com/en-en/privacy-legal
Always consult with an attorney... Read more »
Q: is it right for me to be charged as the vendor for something that the customer inputted online incorrectly?
https://support.buildium.com/hc/en-us/articles/200689678-Return-Code-R03-Unable-to-locate-account-or-name-does-not-match
we are not a retail establishment
Greetings. Are you a retail establishment? If so, New York has codified general business rules concerning refunds. For example, a retail merchant that has a refund policy must provide notice of the policy to its customers and then live up to whatever promises are made in the policy. If it's a... Read more »
Q: Is there a minimum stay requirement for a green card holder returning to the US?
Hi, I (US citizen) am planning on moving outside the country to work and my wife(Conditional green card holder) is also planning on traveling with me. Can she be out of the US for 5-6 months, return to the US for a week, then stay out of the US for another 5-6 months? I would be traveling with her... Read more »
Your wife can travel outside of the U.S. up to 6 months without losing her green card. Travel more than 6 months but less than one hear will subject her to additional questions upon her return to the U.S. If she intend to stay outside the U.S for one year or more, it is recommended that she applies... Read more »
Q: If I find a dog on the street that doesn’t have owner atm because there’s no posters and a friend went around and asked
And I give it away under the impression there’s no owner and I can’t take care by myself and then the owner pops up the next day and I don’t have it anymore and can’t get it back could I be in trouble I didn’t sell it or anything but I had a family member hold it and they gave it away can... Read more »
It doesn’t sound like anything you did would be considered illegal, reckless or negligent. However, many pets are microchipped and it is best to get in touch with a local pet association to have the best chances of reuniting pets with their owners.
Q: If I was pulled over issued no tickets in Johnstown new York can an officer call me 2 weeks later and ask me to come in
To give an aggravated unlicensed operation and criminal impersonation chatge
They can ask you, but you should not talk to the police without an attorney.
Q: Does my employer have to pay me if they tell me not to come in for a shift because Netflix is filming?
I work 39 hours a week 5 days a week at a bowling alley. My employer just informed me that I don’t need to come in next Monday for work because Netflix rented out the establishment to film a movie. When I asked if I would be getting paid the owner said no. I’ve had the same shifts and same... Read more »
Unless you are covered under some contract (private or union) the employer can usually change your hours, rate of pay, benefits, etc... almost at any time and usually without advance notice to you. That is called employment "at will" which term describes the overwhelming majority of the U.S.... Read more »
Q: I am having problem with my baby mom, she doesn't want to put my name on birth certificate of my son and I cant see him.
She doesn't answer me anymore, when we broke up I still help her with the rent and another bills and now I suspended because she doesn't want to give my rights, what should I do ?
File a petition in family court to establish paternity and parenting time. She will then file for child support (17% of your gross less FICA taxes).
Q: The bio-mom is dead and bio-dad didn't know about the kid until recently. How can the dad get custody of the kid?
The bio-mom has passed away, and she never told the bio-dad about the child. The bio-dad knows the kid through another source, but he doesn’t have any guardian or parental rights over them.
What would happen to the kid after the mom’s dead? How would the father establish his paternity... Read more »
He needs to file a Petition
Q: My grandma just passed away. She had a deed for her house for her 4 children. 2 died about 10 years ago. She made a last
Will and testament 8 years ago putting the 2 children that were alive to get ownership of the house. Now the 2 grandchildren of the 2 deceased want to get a share of the house. What happens does the deed to house stay in effect or does the last will and testament?
The will governs unless the title was actually recorded with the deed 10 years ago.
Q: Now about tolls,can I put that in a bankruptcy? Thanks
Yes, EZ-Pass Fines and Penalties (absent fraud are dischargable). You really need to retain an attorney to represent you in this matter, since there is a lot that can go wrong.
Q: Is a red light ticket a priority debt or non priority debt
It is a debt that is not discharable in bankruptcy!
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