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Jonathan Ai’s Answers

3 total

  • As a green card holder with a first simple DWI charge (0.11 bac), would I have problems re-entering the US If I travel abroad?

    I will have my second court appearance in the middle of August. The three most likely scenarios for my case are: 1. Charge with a DWI and go to trial (a misdemeanor) 2. Plea bargain to reduce a DWI to DWAI (a traffic violation in NY) 3. Go to a...

    Jonathan’s Answer

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    No. One DUI will not be a grounds of inadmissibility for you as a returning LPR.

    Worse case is they will stop you and ask about the case. However, it appears very unlikely as DUI is neither an Aggravated Felony (LEOCAL - US Supreme Court Case, 2005), nor a crime of moral turpitude (BIA 1999). Under the BIA (board of immigration appeals), examining a Texas statute, a DUI is a regulatory offense.

    NOTE: in some jurisdictions the language of the statute of DUI may give rise to arguments of "vile or evil" intent. I would take heed and contact an immigration counsel in NY to examine the DUI statute to make certain no "triggering" language exists, particularly, when a DUI statutes carry within itself different offense types.

    But in general, it should not be a problem.

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  • Do my brother have a case?

    My brother was a guest on the Maury show for paternity testing. Once he received the results that he was not the father, he jumped up and danced and from that point it was being labeled as "The Baby Daddy Dance" and was popping up all over the int...

    Jonathan’s Answer

    I think by agreeing to go on the Maury Show automatically puts your brother "out in public" in a manner that would arguably strip your brother of his "right to privacy." (Sort of similar to celebrities and their "lack of privacy" when it comes to publications of their images from persons such as papparazzi). This is important because and regarding the video clip, it appears that you are talking about an invasion of privacy tort, meaning, you are looking to obtain damages for the "publication" of his "likeness" to his detriment. The problem I fall back upon is the initial appearance he made on Maury, which again, and unless it was under duress or unlawfully forced upon him, would be tough to say there was an expectation of privacy. It would be argued that he knew he was on TV and, more importantly, after knowing, he still acted in the manner that he did. The damage of the "dancing" was already in the "public" for consumption and re-publishing it (through the movie), does not necessarily create a new claim.

    Now, my answer above is based solely on the information in your question, and assumes many facts, such as your brother's capacity to understand what his "appearance" on Maury Show constituted. It would not hurt to talk to an attorney familiar with Invasion of Privacy Torts so that further facts could be clarified.

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  • I-130 Direct Consular Filing House hold size

    I will be filing DCF for my spouse soon. My children currently live in the USA with their other parent. I use to have full custody but now it's unsure if their other parent took the custody or not. Since they have been living with their other pare...

    Jonathan’s Answer

    Before I can answer the household question, I would need to know for certain what your current custody status is with your minor children. However, I would venture an educated guess by saying, generally, dependants in your "household" are people that reside with you. It sounds like you do not have Physical Custody anymore because you state "they live with the other parent" (not sure about legal custody). Based upon that, I would guess that you would not include them on the Affidavit of Support as part of your household size.

    Your final question, needs clarification, is the "if" related to a contract specifying joint physical or legal custody ? If it states that the minor children are residing with you half the time or some schedule, then, this may change things. I would advise you consult an attorney on the custody issue to be certain where you stand, before you make a final decision on household size.

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