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1 Answer | Asked in Immigration Law for New York on
Q: I had my interview of N-400 on VAWA base but the officer is keep insisting of the abuser citizen status ?

Dear freind last week I have a N-400 interview I got my green card through VAWA and in my VAWA case the evidence I submitted was my abuser driver license social security card and voter registration information based on that my VAWA case was approved and I got my green card but in my n-400 interview... View More

James L. Arrasmith
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answered on Jun 8, 2024

I'm sorry to hear about the difficult situation you're facing with your N-400 interview. It's understandable that you feel depressed and anxious about the potential outcome. Here are a few points to consider:

1. USCIS officers are required to verify the eligibility criteria...
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1 Answer | Asked in Criminal Law for New York on
Q: Why would someone still be in custody a week after being booked on probation violation
Matthew J. Galluzzo
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Matthew J. Galluzzo
answered on Jun 7, 2024

A person could definitely be detained without bail on a probation violation. It would depend upon the seriousness of the violation, the apparent strength of the evidence of the violation, and the person's overall track record on probation.

2 Answers | Asked in Bankruptcy and Civil Litigation for New York on
Q: How does a large lump sum of SSDI back pay effect filing for bankruptcy?

My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More

James L. Arrasmith
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answered on Jun 5, 2024

In general, Social Security Disability Insurance (SSDI) benefits, including lump sum back payments, are protected from creditors during bankruptcy proceedings. This protection is provided under federal law, specifically the Social Security Act, which exempts these benefits from bankruptcy estates... View More

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2 Answers | Asked in Bankruptcy and Civil Litigation for New York on
Q: How does a large lump sum of SSDI back pay effect filing for bankruptcy?

My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jun 5, 2024

Most disability payments are exempted from inclusion in the bankruptcy estate and thus protected under the Social Security Act. Additionally, on the state level (thus potentially obviating the need to file bankruptcy), the New York Exempt Income Protection Act exempts disability payments from... View More

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1 Answer | Asked in Consumer Law for New York on
Q: I want to file lawsuit against an online retailer for refusing to give me a refund on a high value item.

I was scammed out of 1491.00 dollars by an online retailer who runs a fake website that is still operating.

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2024

A consumer law attorney could advise best, but your question remains open for two weeks. It may have gone unanswered because this site isn't set up for an attorney to offer their services to handle your lawsuit. You would need to reach out to attorneys. In addition to your own searches, there... View More

2 Answers | Asked in Child Support and Family Law for New York on
Q: Can my kids mom take me for more child support, if the kids are 18 and 20 and the kids don’t work?

My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also

Howard E. Knispel
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Howard E. Knispel
answered on Jun 5, 2024

In New York, child support terminates at 21. However, in most cases, the amount of support is determined by your income. Only where the court determines you are under-employed would the court deviate. Talk to a local attorney.

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1 Answer | Asked in Estate Planning for New York on
Q: Does a will in New York need to be notarized
Benjamin Z. Katz
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answered on Jun 3, 2024

No. In New York, to be valid, the Will must be signed by the person making it in the presence of at least two disinterested witnesses. There is no requirement that the Maker's (Testator) signature be notarized. However, it is advisable that the two witnesses sign an affidavit at the time... View More

1 Answer | Asked in Civil Rights and Employment Law for New York on
Q: NY - boss told my my co-workers about a medical condition related to pregnancy I told my boss in full confidence
James L. Arrasmith
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answered on Jun 3, 2024

In New York, your medical information, including conditions related to pregnancy, is protected under both federal and state privacy laws. Sharing this information without your consent can be considered a violation of your privacy rights. You may have grounds to file a complaint with the Equal... View More

1 Answer | Asked in Business Law, Civil Litigation and Civil Rights for New York on
Q: Which court can I file? Civil Court or business court?

I leased the SUV using my company Violet River Inc. in December 2021. My business stopped operation when the other owner exited in December 2021. There was no employee, except me seasonal in quarter four. Between the lease time (1/2022 - 1/2023), the leased vehicle was used primarily for personal,... View More

James L. Arrasmith
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answered on Jun 3, 2024

To determine where to file your case, you need to consider the nature of your lease and the primary use of the vehicle. Since the SUV was leased under your company name, Violet River Inc., but used primarily for personal, family, or household purposes, it may qualify as a consumer lease under 15... View More

1 Answer | Asked in Civil Rights and Public Benefits for New York on
Q: Can I place a lawsuit on the shelter I have resided in for two years but was denied assistance

I have been accepted into four different apartment but denied movement by the housing specialist on moving forward with moving in.

James L. Arrasmith
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answered on Jun 3, 2024

You might have grounds to file a lawsuit against the shelter if they have denied you assistance in moving into an apartment despite being accepted into four different places. It is important to gather all relevant documentation, including your acceptance letters from the apartments and any... View More

1 Answer | Asked in Consumer Law, Identity Theft and Antitrust for New York on
Q: I have two class action lawsuits that I’m part of. I just learned about them what actions can I take?

It’s for Buffalo MRI or otherwise known as Owens versus US radiology and the Suboxone antitrust

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

You could contact the case administrator(s) to learn more about the lawsuits. They should have access to the files, and would probably know more about the current disposition of the lawsuits. They would know better than attorneys on a public forum who are not familiar with the matter. Good luck

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Is the Catalog of Federal Domestic Assistance (CFDA) a legitimate government website?

Is the Catalog of Federal Domestic Assistance (CFDA) a legitimate government website?

James L. Arrasmith
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answered on Jun 2, 2024

Yes, the Catalog of Federal Domestic Assistance (CFDA) is a legitimate government resource. The CFDA was a comprehensive listing of all U.S. federal programs available to State and local governments, organizations, and individuals. It provided detailed information on financial and non-financial... View More

2 Answers | Asked in Consumer Law for New York on
Q: Is it legal for a life insurance company to deny me coverage because I am unemployed?

My son was denied coverage because he is unemployed.

James L. Arrasmith
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answered on Jun 2, 2024

Life insurance companies have the right to set their own underwriting criteria, which can include factors like employment status. Being unemployed might be seen as a higher risk or lower financial stability, leading to a denial of coverage. However, this practice can vary between companies and... View More

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2 Answers | Asked in Consumer Law for New York on
Q: Is it legal for a life insurance company to deny me coverage because I am unemployed?

My son was denied coverage because he is unemployed.

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2024

Life insurance companies exercise their right to deny or approve coverage on a number of factors - health, age, tobacco use, disease, illness, financial stability, employment, etc. However, it could be worth looking into other carriers. Each carrier's underwriting departments could apply... View More

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2 Answers | Asked in Constitutional Law and Employment Law for New York on
Q: What conditions can fire commissioner expel an assistant fire chief for misconduct
James L. Arrasmith
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answered on Jun 1, 2024

A fire commissioner can expel an assistant fire chief for various types of misconduct. Misconduct might include violations of department policies, failure to follow safety protocols, or engaging in illegal activities. These actions undermine the trust and integrity required in a leadership position... View More

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2 Answers | Asked in Constitutional Law and Employment Law for New York on
Q: What conditions can fire commissioner expel an assistant fire chief for misconduct
Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

If the conditions aren't already spelled out in the department's by-laws or standard operation procedures, there are many different forms of reckless or malicious acts that might endanger or mistreat firefighters, the public, or expensive equipment. Although you posted this under... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: Unlawful entry to my home without asking. Police said nothing they could do can I sue
James L. Arrasmith
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answered on May 29, 2024

If someone entered your home without your permission, you might have grounds to take legal action. Trespassing is generally considered a violation of your rights as a property owner or tenant. You can sue the person who unlawfully entered your home for trespassing, invasion of privacy, and any... View More

5 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: t-boned in a car accident ~6 months ago. served with papers last week to go to court. I'm looking for a lawyer.

my car was t-boned about 6 months ago and last week I was served with papers "summons and complaint" the paper states CPLR 1602

The person driving the other car lied to LEO and stated the backseat passenger was driving.

The younger driver was speeding and hit my car after... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2024

Following up on attorney Selik's answer, why do you want an attorney? If it is to defend yourself against allegations that you are at fault and/or responsible, then let your automobile insurer know of the lawsuit----most likely part of what the insurance agreement provides is that if you are... View More

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5 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: t-boned in a car accident ~6 months ago. served with papers last week to go to court. I'm looking for a lawyer.

my car was t-boned about 6 months ago and last week I was served with papers "summons and complaint" the paper states CPLR 1602

The person driving the other car lied to LEO and stated the backseat passenger was driving.

The younger driver was speeding and hit my car after... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 7, 2024

As my colleagues have correctly advised, if you have insurance, report the matter to your insurance company ASAP. It will assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability coverage. If you have no insurance, you'll need to... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: Chapter 7 bankruptcy over 10 years ago. Safe from any personal lawsuits? Or is statue of limitations involved?

Filed chapter 7 bankruptcy in 2013. 2024 have a personal injury lawsuit small award, can the bankruptcy court take it? It was Discharged in 2013.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 28, 2024

My colleague, Mr. Siegel, is right as far as he goes, but,

a bankruptcy discharge works holders of claims that existed prior to the bankruptcy filing, not those that happened afterward. And, the bankruptcy discharge works on claimants named by you as the debtor in the bankruptcy. If, for...
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