I-485 Adjustment of Status

On July 5, 2011, in Immigration, by John A. Weber IV, ESQ.

I-485 Adjustment of Status

Recently, we have been receiving questions concerning the adjustment of status requirement for obtaining a Green Card.  When applying for a Green Card, you must first adjust your status from that of non-immigrant to permanent resident of the United States by filing an I-485 Application.  Where one files is determined by their category of eligibility.  Depending on their situation, one may have to file in Chicago, Vermont, Phoenix, Dallas or Nebraska.  The usual filing fee is over $1000 unless you fall under an exception such as age, refugee status, etc.  It is difficult to determine how long it will take to receive approval for an I-485 Application.  The process depends on many factors including petition category and security background checks.  You can check the status of your I-485 Application online, by phone/email or in person.  Not everyone is eligible to apply for Adjustment of Status including but not limited to persons not admitted or paroled following inspection by an immigration officer or someone whose authorized stay expired before filing their I-485 or cases of unauthorized employment.  Although not essential, it may often be beneficial for applicants to attain an Employment Authorization Document (EAD) or Advance Parole (AP) travel document.  In addition, drug or alcohol related offenses as well as arrests must be reported on the I-485 application.  If all of the paperwork is in order and satisfactory, it shouldn’t be long before one may receive their Green Card.   As always, if you have any questions regarding the immigration process, please feel free to call us at (516) 858-2620!

Same Sex Marriage in New York

On June 29, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Same Sex Marriage in New York

As I am sure you have all heard that New York has become the most recent state to allow same sex marriage (which was long overdue).  There may be some “old” concerns for “new” couples hoping to take advantage of the new law.  Issues of pre nuptial and post nuptial agreements need to be considered.  There will also be issues involving divorces and estate planning which need to be considered.  With all of the excitement that is surrounding the passing of this new same sex marriage bill, it may benefit those effected to take a step back and plan accordingly.  Pre nuptial agreements are an excellent way to protect assets and clarify the intentions of both spouses ahead of time (before the marriage) so that there are no surprises later.  Post nuptial agreements are a way for couples to draw a line and add stabilization to a wavering marriage.  Either way, with all of the excitement over the new same sex marriage bill, there are sure to be some questions on the horizon.  As always, if you have any questions about how to design a pre or post nuptial agreement to meet your specific needs, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

Eviction Rules are NOT the same everywhere in NY

On June 22, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Eviction Rules Fluctuate

Eviction rules fluctuate between the counties of New York State.  There has been an increasingly high volume of calls from landlords who live in one county but have rental properties in another county.  This causes issues where the landlord has one understanding of the eviction procedure for where he lives, but that procedure differs significantly from the procedure in the county in which their rental property is located.  These differences run along a wide variety of topics including whether or not the landlord should be present as the sheriff or marshal executes a warrant of eviction.  Not knowing the rules for the county in which you are planning on litigating in, can lead to penalties that range from fines to jail time.  It is always advisable to speak with an attorney before commencing legal action.  As always, feel free to contact us with any questions or concerns involving evictions in your county at (516) 858-2620!

Long Island Landlord Tenant Attorneys

We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

Uncontested Divorce

On June 22, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Uncontested Divorce

It has become apparent to me that the term “UNCONTESTED DIVORCE” has a lot of people confused.  An uncontested divorce is actually quite simple.  In short, an uncontested divorce simply means that the two parties will have no dispute as to maintenance, child support, child custody or visitation, or equitable distribution.  If you fit these criteria, then your marriage may be ended via an uncontested divorce.  If there is a dispute to one or more of these issues that cannot be resolved by the parties, then the divorce will be transferred to the contested divorce calendar.  Although the uncontested divorce process is less litigious, it is still wise to consult with and retain an attorney to ensure that the proper paperwork is completed and filed.  Errors in the divorce papers themselves, or filing errors will result in extreme delays of the judgment.  The uncontested divorce process on average will take anywhere between three to six months to complete.  Errors can double or triple that time frame.  Severe errors could lead to a dismissed case or a case being sent to the contested divorce calendar.  Cooperation of the parties can significantly shorten the wait time for the divorce to be complete.

Long Island Divorce Attorney

If you have any questions on how to process an uncontested divorce as quickly as possible, please feel free to contact one of our attorneys at (516) 858-2620!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan