Frequently Asked Questions

Answered by Our Attorneys

If you have any questions about immigration law, family law, estate planning, or your available legal options, turn to the knowledgeable attorneys at Lewter Law Firm, P.C. today. Backed by over a decade of experience, our attorneys are deeply familiar with these practice areas. We can effectively navigate you through the legal process as we help you make well-informed decisions about your future. Here, we answered several of our clients’ most commonly asked questions. If you do not see your question below of if you have further questions about the answer we gave, feel free to reach out to us today.

Call Lewter Law today at (516) 990-2036 or contact us online and schedule a consultation with our Garden City firm. We serve clients across Queens, Suffolk County, Nassau County, and the surrounding areas.

What Are the Legal Requirements to Start a Divorce Case in New York?

There are two types of requirements to get divorced in New York State: Residency and grounds. You and/or your spouse needs to have lived in New York for a certain, uninterrupted period of time. This residency requirement is generally for one year, but it may vary in some cases. The grounds requirement means that you need to have a legally acceptable reason for getting divorced in this state.

You will need to prove one of the following grounds:

• Adultery
• Abandonment
• Inhuman and cruel treatment
• Imprisonment for three or more consecutive years
• Live separate and apart pursuant to a separation agreement
• Irretrievable breakdown in the marriage for a period of at least six months

What Is the Difference between Physical Custody and Legal Custody?

Custody, in general, refers to a parent’s legal right to make decisions for their child and control their child’s upbringing. Physical custody refers to which parent the child lives with on a daily basis. A parent who has primary physical custody is often called the child’s primary caretaker, or the custodial parent. Legal custody is the right to make decisions about a child. This includes what religion the child participates in, what type of healthcare the child will receive, where the child goes to school, and more.

What Will Happen to My Property in a Divorce?

New York is an equitable distribution state. This means that when a couple divorces, their marital property must be divided fairly; but it does not necessarily mean the property will be divided equally. Marital property is all property which was acquired by either or both parties during the course of the marriage. Property that is not subject to division is called separate property, and it includes compensation for a personal injury, property acquired prior to the marriage, property given as a gift or received as an inheritance, and more. A judge will take numerous factors into consideration when dividing your marital property.

The judge will consider, among other things, the following:

• The duration of the marriage
• The financial status of each spouse
• The health and age of both spouses
• Whether spousal maintenance has been awarded
• Which parent received custody of the child, as well as the child’s needs

What Is Probate?

Probate is the legal process whereby a deceased individual’s assets are transferred after their death. It is usually extremely lengthy and complex, which is why it is highly recommended that you retain an experienced estate planning attorney to make the process as easy and efficient as possible. Probate is avoidable in situations where the decedent had the foresight to create an effective estate plan, allowing their heirs to bypass the probate process. Certain types of asset transfers that could help your loved ones avoid probate include joint tenancy, payable on death accounts, revocable living trusts, and more. To learn more about probate and how our Queens estate planning attorneys can help you, call (516) 990-2036 today.

What Types of Visas Are Available If I Want to Visit the U.S. Temporarily?

You will need a non-immigrant visa if you are trying to be granted entry to the United States for a specific period of time, or if you wish to visit the U.S. temporarily. Some of the most common kinds of non-immigrant visas include travel visas (for traveling in the U.S.), business investor visas (if you are planning to invest in a U.S. business), and student visas (for studying at a U.S. university or school).

What Is a Green Card, and Can I Get One?

An immigrant visa for permanent residency, popularly known as a Green Card, allows a person born outside of the United States to live and work here, usually indefinitely. Individuals seeking a Green Card are typically sponsored by an employer or family member, but there are many other ways in which you can obtain a Green Card.

Generally, the following categories of individuals may be eligible to get a Green Card:

• Non-citizens who have continuously lived in the U.S. since January 1, 1972
• People who win 1 of the 50,000 slots in the randomized lottery
• Residents who have lived in the United States for over 10 years
• Workers whose skills are in high demand in the United States
• Extended family members of United States citizens
• Individuals who are seeking asylum or refuge
• Immediate relatives of United States citizens
• Individuals seeking amnesty

I am Being Deported. What Are My Options?

If you received a deportation notice, call Lewter Law right away. Since 2013, we have been helping individuals across New York achieve their legal goals, and we can help you, too. As your representative, we will get to the truth of why you are being deported and then provide you with effective deportation defense services.

You may be deported for:

• Committing a crime
• Violating U.S. immigration laws
• Failing to abide by your visa’s terms
• Receiving need-based government aid
• Failing to inform the USCIS of a change in your address

Whatever the reason may be, we have the experience and skill set required to protect your rights. We truly care about our clients, and we work relentlessly to help them stay in the country and avoid deportation. Our attorneys can guide you through each stage of the complicated legal process as we help you make sound choices about your future. Call (516) 990-2036 today, and set up a consultation with our immigration lawyers in Queens.