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Harry N. Konst

Harry Konst’s Answers

328 total


  • Permanent Resident with 3 DUIs

    Will 3 misdemeanor DUIs (2004, 2005 & 2011) amount to a DUI Aggravated Felony also will this trigger immigration removal proceedings?

    Harry’s Answer

    very possible in your jurisdiction, but meet with an attorney, explain the details of your case, and get competent legal advice.

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  • I came here 27april 2007 on H2b never went back but he never filled January this year my divorce came thru,and

    Now my current boy who I live with want to marry me am we both confused we don't know wat to expect his citizen need advise

    Harry’s Answer

    This is an issue that concerns both divorce and immigration law, which are both highly technical and complicated areas of the law. Contact your county bar association for a referral to a competent attorney who can advise and guide you.

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  • Is my DUI in a school zone?

    I received a DUI and have hired an attorney already but am concerned about his competence. We have had the court date pushed back 4 times (from jan to April) because he says he has higher priority cases. Is the delay good? Bad? Will it work for me...

    Harry’s Answer

    IF YOU HAVE ANY DOUBT OR QUESTION REGARDING AN ATTORNEY'S PERFORMANCE, THE SURE AND EFFECTIVE WAY TO GET RESULTS IS TO EXPRESS YOUR CONCERNS IN A LETTER TO THE ATTORNEY, SENT CERTIFIED MAIL, RETURN RECEIPT REQUESTED.

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  • Can I still take the state test for medical assistant if I have a misdemeanor DUI?

    In school and need to take the state test to get certified.

    Harry’s Answer

    Normally, a felony conviction will prevent or complicate qualifying for a state license, depending on what the crime is. For a final determination, contact the licensing authority for their rules, and if there is discretion involved, inquire as to what are the factors involved. See if you get can a conversation going with the official involved and ask her or him to discuss your particular situation.

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  • Are there divorce attorneys that will work for payments? Mine is simple, just need a break, with a payment plans please help.?

    I have lived in Tx for 6 months, she still lives in NJ we both agree to uncontested divorce, but we can not communicate other than that. CS order is in place and I pay it every week. She refuses to allow any phone calls or visitation. There is no ...

    Harry’s Answer

    With regard to an attorney accepting payments, this decision is made on a case-by-case basis by each attorney. So give them a call. An attorney will probably want a retainer deposit and may accept payments from you in accordance with a payment plan. I do this on a regular basis with clients who are in need and who cannot collect against his or her spouse.

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  • Should I get a DBA, Register Trademark, or LLC?

    I am trying to consider whether to get a DBA on my business. I understand that this does not prevent someone else from using the business name, for which I would have to register the name and/or trademark. After learning a little bit, I begin to ...

    Harry’s Answer

    A dba filing in a county in New York State protects your name in that county only. A corporation's dba filing with the Division of Corporations in New York State Secretary of State office protects you in the entire state.

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  • I have limited income. Who pays divorce attorney's fees? Wife or husband? I am the wife and he left family for another woman.

    I make 1/2 as much as my husband does and can't afford to pay all attorney fees for divorce proceedings.

    Harry’s Answer

    • Selected as best answer

    You may petition the court to award you attorney's fees.

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  • How to expedite divorce in NYC?

    I filled my uncontested divorce papers in Dec 2012 along with a motion to expedite based on the need to show divorce decree to immigration officials. I have filed petition to remove condition from my Temporary green card without my spouse. Immigra...

    Harry’s Answer

    Normally in Upstate New York, a cover letter asking to expedite with a valid reason will suffice. The turn-around time is 2 to 4 weeks, depending on whether any issues are raised. In one case, the judge bypassed the magistrate review and issued a judgment, thus quickening the process. But the judge is a well respected judge.

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  • I need some assistance regarding a small claims case in Western NY

    Can both husband and wife sue for a negligence claim and/or emotional distress resulting in property damage in Small Claims Court from a drunk driver? We understand that the maximum is $5,000.00. That should surfice, but if we are able to collect ...

    Harry’s Answer

    The jurisdictional amount in NY small claims, or Justice Courts is $3000, unless you are in one of the few city municipal courts.

    You and your husband can each sue for that amount.

    Please take a look at the following informative court link:

    http://www.courts.state.ny.us/courts/townandvillage/

    If you need more assistance, please feel free to give me a call. I practice in Erie County, New York, which includes your area.

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