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Drew Allan Cicconi

Drew Cicconi’s Answers

172 total


  • My husband was arrested on a misterminer he was gonna get bailed out but then i was told he has a ICE hold what is gonna happe

    is it legall to depoort him even though he married to a citizen

    Drew’s Answer

    Briefly,

    1. An alien or lawful permanent residence (green card holder) is deportable if the person is convicted of a crime involving moral turpitude and was committed within 5 years of admission and the crime convicted may impose a sentence of one year or longer.

    2. An alien or lawful permanent residence is deportable if after admission the person is convicted of two crimes involving moral turpitude and the two crimes arose not from one single scheme of criminal conduct.

    3. An alien or lawful permanent residence is deportable if committing aggravated felonies at any time after admission.

    Does your husband fit into any of these catagories?

    Drew Allan Cicconi
    Attorney at Law
    310-925-8337

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  • Can i get reckless driving expunged off my driving record?

    I recieved a reckless driving charge in the state of Nevada for doing 70 in a 45 (it was a highway that apprently reduces its speed limit down to that speed and i didnt see it) i have taken the class and paid the fines to deal with said ticket. my...

    Drew’s Answer

    Reckless in Las Vegas,

    The answer is yes, with a but. In Nevada, misdemeanors like reckless driving can be sealed after only two years (NRS 179.245(f).) This is called the holding period and you must have a clean record during this period.

    By way of background, record sealing is by order of the court that originally heard your case. The order directs all parties to redact your record of conviction from their databases and to seal access to such records that remain in the system. Once your record is sealed, you can answer “no” to questions about whether you have been arrested convicted of a crime. For further reading take a look at section 179.245 of the Nevada Revised Statutes, 245.

    I hope this helps.

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  • What are the risk for someone willing to co sponser on a affidavit of support for someone filling for a K1 fiancee visa

    how and what kind of support would a person be risking ,for example if a person sponsered someone and was able to come to the usa and marry the person they want to marry ,then say the person which came to the the usa got sick and had hospitial bil...

    Drew’s Answer

    Jittery in Kilauea:

    When you sponsor a family member's U.S. immigration, you are legally responsible for financially supporting the immigrant(s) until they become U.S. citizens or they have worked for 40 quarters. If the immigrant goes on welfare, the sponsor is responsible for repaying the cost of public benefits provided to the immigrant. The agency can sue you in court for these costs if you do not pay. If the agency is still unable to collect repayment for cash benefits for income maintenance or the cost of long term institutional care, the agency can initiate deportation proceedings.

    What is the upshot of this: Sponsors are used to ensure that immigrants do not become dependent on the government to live or do not become "public charges". This is why sponsors must meet minimum income requirements, and why sponsors must understand that this is not a game.

    Drew Allan Cicconi
    Attorney at Law

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  • ASSAULT FAM/HOUSE MEM IMPEDE BREATH/CIRCULAT AGG ASSLT W/DEADLY WEAPON ASSAULT FAMILY/HOUSEHOLD MEMBER W/PREV CONV

    I went back to boyriend while he had these charges on him..it ended in the same way he stole everything i had he has pri/con now hes looking at two 3rd degree and one 2nd degree i had contact would this less the charges he has on him?

    Drew’s Answer

    I'm sorry, but I had trouble understanding the question. It sounds like an aggravated assault took place, but you'll have to put the facts it in coherent form for me to provide you with an answer.

    Drew Allan Cicconi
    Attorney at Law

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  • New York LLC with a member from another state

    Hello, me and a friend of mine may start an LLC together. He lives in New York and I live in Nevada, we both plan on being members in the LLC and I plan on being the manager and managing the LLC from Nevada. If we form the LLC in Nevada would we h...

    Drew’s Answer

    Bi-coastal Dilemma:

    Assuming you are going to do business in each state, Yes, and Yes.

    Drew Allan Cicconi
    Attorney at Law

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  • Can a member of a LLC sue another member of the same LLC?

    I started a tax business with my own money. I brought in another person as an employee who registered with the secretary of state and put his name on the form as vice president. Yes, I did sign it not fully understating the ramifications of him li...

    Drew’s Answer

    A little background: An LLC (limited liability company) operating agreement allows you to structure your financial and working relationships with your co-owners in a way that suits your business. In your operating agreement, you and your co-owners establish each owner's percentage of ownership in the LLC, his or her share of profits (or losses), his or her rights and responsibilities, and what will happen to the business if one of you leaves.

    More facts are needed to answer your questions. First, your employee would have to be a member of the LLC, and not just an employee to have standing as an owner. Did this person sign the operating agreement as a member? When you say he registered with the SOS, what do you mean? Was he issued membership shares in the LLC?

    I await your response.

    Drew Allan Cicconi
    Attorney at Law

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  • Is it Legal or Illegal to sell Chinese Cell phone knock offs?

    Is it Legal or Illegal to sell Chinese Cell phone Copies? Like BlackPerry, Hi-Phone, Mansung Talaxy X? I found a company in China that makes these phones and accesories. My Question is, would it be LEGAL or ILLEGAL to sell them in the US? ...

    Drew’s Answer

    Ahhh. . . . let me think . . . Yes, it's illegal.

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  • My son-in-law's parents died two years ago. The home was left in trust to him and two siblings and the eldest is the trustee.

    There is a first mortgage and a second which equals the amount of the worth of the home. So far the trustee has not done anything [taking the parents name off the loans] and now just wants to "turn over his and the other siblings] rights to their...

    Drew’s Answer

    Worried in Ontario:

    The general legal duties for a trustee are set forth in the California Probate code, sections 16000-16042. These duties include the duty to administer the trust in accordance with the trust's provisions, the duty to administer the trust solely for the benefit of the beneficiaries or beneficiary of the trust, and duty to take reasonable steps to preserve and control trust property.

    As a practical matter, the property has no value, and, thus, no reason for the trust to maintain the property. The property should be sold and the sales proceeds used to pay off the existing indebtedness. Your son-in-law is in no position to take on a property that has no value, and sentimental reasons for taking over the loan is a sure fire path to trouble. By the "younger brother," I assume you are referring to your son-in-law. He does not have to accept anything given to him by the trust, but, rather, can refuse such a distribution.

    The duration of the trust is usually determined by the trust document. However, when the Trustors of the trust have died (the people who created the trust), the trust becomes irrevocable as a result, and its assets are subject to federal estate or "death" tax. The trustee must determine the value of all the trust's assets as of the date of death and also if a federal estate tax return is due. If a return is due, the trustee has nine months from the date of date to file it, and if more time is needed, may apply for an extension of up to six additional months.

    An attorney who is familiar with trusts and estates is needed for this matter. However, if the trust estate is valueless, what is the point.

    Drew Allan Cicconi
    Attorney at Law
    310-925-9337

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  • Fell 26 feet off unfinished deck,burst l1 vertabrae, very badly, I'm renting, can I sue? He has no insurance or money. Thanks

    It's been 6 months, I have severe trauma, chronic pain, nerve damage, ect... He promised to fix the deck, before my fall and while in intense rehab learning to walk and catherdirize...regained bladder function , still lost bowel nerves...he has t...

    Drew’s Answer

    Landlords are liable for dangerous conditions on the property they own if they knew or should have known about the danger. It is not only the duty of the landlord to keep that portion of the premises reserved for common use in a safe condition, but this duty requires him "to make a reasonably careful inspection at reasonable intervals to learn of dangers not apparent to the eye." (See Rodenberger v. Frederickson (1952) 111 Cal. App. 2d 139; McDonell v. American Trust Co.(1955), 130 Cal.App.2d 296.) The Rodenberger case was a "fall through" case, not unlike your own. It would be hard for your landlord to argue that he did not know about the unfinished state of the deck and the potential danger it posed.

    Sorry about your injuries. Contact a premises liability lawyer who is familiar with the area of law. I hope this helps.

    Drew Allan Cicconi,
    Attorney at Law
    310-925-8337

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  • Can work without authorisation affect getting a green card?

    I am married to US citizen for more than a year ,and now we are in process of filling all the forms and collecting all the informations for applying for a green card.I was working without work authorisation for couple of months ...how bad is that ...

    Drew’s Answer

    I need more facts. Did you enter the country illegally?

    After you are married to a United States citizen, you and your spouse will have to apply to adjust your status to become a permanent resident. The marriage to a US citizen is one of the few cases where an out of status individual can adjust his or her status while in the United States. Upon receiving a permanent residence status, your out of status time prior to that is no longer relevant. Your are in effect forgiven for your transgressions. Mea culpa. Mea culpa, mea maxima culpa.

    You need to file a Marriage-Based Adjustment of Status Petition while you remain in the United States. A two year Conditional Residency is granted to those who apply for Adjustment of Status based on marriage to a US Citizen. This two year period helps to deter visa fraud and marriages of convenience.

    As discussed below, during the "conditional" period, you still have all the rights of a Permanent Resident. Your status as a permanent resident expires at the end of this two year period unless you file for lifting of the conditional status. If you leave the country before you file for an AOS, it could trigger an automatic 10 year ban an on re-entry. That is, there are two time bars to reentering the United States: 1) Three years - 3-year bar to readmission to the United States if alien voluntarily departs the United States after being unlawfully present for more than 180 consecutive days, but less than 1 year. 2) 10-year bar to readmission to the United States if the alien departs (voluntarily or involuntarily) after being unlawfully present for 1 consecutive year or more. (See INA § 222(g) "Visa Overstays" and INA § 212(a)(9)(B) "Aliens Unlawfully Present".)

    As soon as your receive your Conditions Residency Visa you will have the same rights and responsibilities as other permanent residents, including the right to travel outside the United States, or live and work in the United States. However, at the end of the two years, additional steps must be taken to remove the conditional nature of the residence status.

    I hope this helps.

    Drew Allan Cicconi
    Attorney at Law
    310-925-8337

    See question