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  • E2 Visa | BUSCHKIN LAW FIRM

    Back E2 - Treaty Investors There are many ways to live and work in the U.S. However, the E-2 represents one of the few ways to build your own business as a foreign entrepreneur. The process of obtaining this visa is relatively uncomplicated compared to popular visas like the H-1B, but qualifying is a different story. Find out what you need to be eligible for the E-2 treaty investor visa. E-2 treaty investor visas are non-immigrant visas reserved for foreign entrepreneurs of countries that have a Treaty of Trade and Commerce with the U.S. Essentially what this visa does is enable the foreign investor to develop or carry out the investment/ trade activities of the business. Processing times and Period of Stay/Extension of Stay An E-2 visa is a very document-intensive petition. In addition to a number of government forms, the visa requires the submission of a binder full of documentation that is often quite lengthy. Once the documentation is prepared, the processing time depends on the processing time at the consulate that is located in the applicant’s country. This could range from 3 weeks to 3 months (or longer). Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 non-immigrant may be granted. All E-2 non-immigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. An E-2 non-immigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States. Requirements & Eligibility YOU MUST BE A NATIONAL OF A TREATY COUNTRY Only available to people from the countries that the U.S. has a Treaty with. Many Western countries are on the list but there are also countries from Africa, Asia, and the Middle East on the list . YOU MUST HAVE INVESTED OR BE ACTIVELY IN THE PROCESS OF INVESTING IN THE ENTERPRISE In order to satisfy this part of the test, you must fulfil three requirements. Show Legitimate Possession and Control of the Funds Must invest funds that you have obtained by lawful means Must prove to the government that you either saved the money, were given the money as a gift, or legitimately earned the money To prove this you need tax returns, bank statements, investment accounts, and more All Funds Invested Must Be “At Risk” and Irrevocably Committed All of the assets invested must be personal assets subject to risk of loss Loans are fine but you must be on the hook if there is a loss and this requirement forces you to sign contracts and/or spend money prior to the approval of the Visa At-risk money does include credit card debt or other loans as long as those debts are not secured by business assets or in the name of a limited liability business You Must Be Close to Starting the Business The U.S. government does not want to approve Visas for people who “may” set up a business in the U.S. or who have a “desire” to start a business Must be at the start up ready phase Should have a signed lease Business bank account should be set up Should have a website Should have purchased whatever you need to get the business up and running YOU MUST BE IN A POSITION TO “DEVELOP & DIRECT” THE BUSINESS WITH SKILLS You must be the one that is going to direct and run the business Must have the appropriate skill set such that the government has faith that the business will be viable Educational background and experience should suggest that you will be in a position to make the business a success YOUR INVESTMENT MUST BE SUBSTANTIAL Investment could be as low as $15,000 or as high as millions Idle cash sitting in a business account is NOT considered an investment, but the government will consider a reasonable amount of working capital as part of an investment Make sure to keep records of all of your expenditures since the government will want to see them A substantial amount of capital is: Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial. A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction. YOUR INVESTMENT & BUSINESS CANNOT BE MARGINAL Business cannot be set up so that it provides a means of living just for yourself and your family Put together a business plan that shows growth over a 5-year period or by showing that you plan to hire employees in the future. YOU MUST INTEND TO RETURN TO YOUR HOME COUNTRY AFTER EXPIRATION OF THE E-2 VISA Sign a document that indicates you plan to return home once your visa expires You do not have to show any ties to your home country Application Process There are two ways you can apply for an E-2 visa. These are described below. APPLYING FOR AN E-2 VISA WHILE IN THE U.S. (CHANGE OF STATUS) Step 1: While having another type of VISA, you can file a petition to change status to an E-2 visa with the United States Citizen and Immigration Services (USCIS). Step2: The I-129 form you must file is the same form filed for many other non-immigrant visas (e.g. H-1B), and you would also complete the E-2 visa supplement. Step 3: This petition is document-intensive, and you must provide documentation to support all of the elements outlined in the E-2 visa requirements. Change of status does NOT permit you to re-enter the country the way an E-2 visa would Step 4: E-2 status is typically granted for a 2-year period. if you have dependents on your visa that are also in the U.S. (e.g. H-4) and you want to change their status, you must also file a Form I-539 APPLYING FOR AN E-2 VISA AT A CONSULATE (AN E-2 VISA) Step 1: If you are outside of the U.S., you must file a DS-160, a long application that is completed online. You must also complete a DS-156E supplement. Step 2: The documentation that you must provide is generally the same as the documentation required to file within the U.S. with USCIS. The consulate may impose some additional, specific procedural requirements. Step 3: E-2 visas are typically granted for between 2 & 5 years, and you are permitted to leave and enter the U.S. whenever you like. If you have dependents, separate DS-160 applications must be completed for them. A FEW THINGS TO CONSIDER WHEN DECIDING If you have been granted a change of status and leave the U.S., you must qualify for an E-visa at a consulate before re-entering. You must reapply for the E-2 from scratch and submit all supporting documentation as if the application were a new one. If you are in E-2 status as a result of a change in status, this fact will not speed up your consular adjudication or otherwise expedite your E-visa application at a consulate. Consular E-visas can be issued for 5 years whereas USCIS will only issue E-2 status for 2 years. Note that this could be particularly relevant in light of the marginality requirement of the E-2 visa. Convert E-2 visa to Green Card While no US non-immigrant visa automatically leads to a Green Card some of the common options include: E-2 AND EB-5 INVESTOR VISA PROGRAM This strategy enables an E2 investor to move to the US immediately on their E2 visa but to have the option of leveraging their US business to obtain a “green card” over the longer-term. DIRECT EB-5 If your E-2 business becomes large enough and employs enough people, it may be eligible for a Direct EB-5 visa. The minimum investment amount is $900,000 and the required number of jobs is ten. You must carefully consider the location of your business because only investments in Targeted Employment Areas are eligible for the lower $900,000 investment amount. Outside of these areas, the requirement capital doubles to $1.8 million. REGIONAL CENTER EB-5 Tying E-2 business to the requirements of the EB-5 program can be commercially restrictive, many people who pursue a Green Card from E-2 through EB-5 prefer to invest with a Regional Center instead. For example, it can be a challenge to maintain headcount to meet the EB-5 rules. Failure to do so can put your Green Card at risk. E2 AND EB1(C) FOR THE INTERNATIONAL MANAGER OR EXECUTIVE You must be a business in your home country with a qualifying relationship to your US E-2 Business and have worked at the overseas company for at least one of the three years immediately prior to moving to the United States on your E-2 Visa. You must also demonstrate an “intent to depart” when you apply for your E-2 Visa, which can conflict with plans to obtain a Green Card under EB-1c. It is vital you discuss your options with an immigration attorney at the beginning of the process. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Wills | BUSCHKIN LAW FIRM

    Back WILLS We can assist you with drafting a Will and help your family to safeguard the interests of your beneficiaries during the probate process. HOW WE CAN HELP: Draft and maintain a Will that provides clear instructions on the disposition of your property Navigate through the maze of inheritance and intestacy laws A Will is the most basic instrument a person can use to bequeath property to her or his heirs. While state laws provide default rules for the disposition of an estate, it is often the case that those rules do not meet people’s requirements because they do not account for their individual circumstances. A properly drafted Will can become a useful tool, but, like any other part of your estate plan, it requires special attention to individual circumstances specific to you and your family, and continuous maintenance because circumstances do change. You can trust Buschkin Law Firm to steer you through the complexities of inheritance laws, including intestate succession laws. We can assist you with drafting a Will and handle the probate process in court with your loved ones when the unfortunate time comes for the disposition of your assets. Even with a Will, the probate process may be stressful and burdensome for a grieving family, and having an experienced attorney by their side can alleviate the burden and provide peace of mind during the trying time of mourning. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Protected Marketing Areas

    Back PROTECTED MARKETING AREAS One of the key business issues in any franchise arrangement is how much protection should be given to a particular market. It needs to balance protecting reasonable marketing areas for locals with giving enough room so that franchisers can maximize their penetration, over time. What happens to the Protected Marketing Area upon renewal should be addressed. When discussing the differences between a “territory” and market, it is important for franchisees to be aware that they may get trapped by their unfamiliarity with business terminology. We will help you analyze the important aspects of your franchise agreement and see that it is fair, protective for both franchiser as well as franchisees. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Living Wills | BUSCHKIN LAW FIRM

    Back Comprehensive Living Wills & Estate Planning Services Having peace of mind today sometimes requires planning for the future, we know how important it is to be prepared for any scenario. WHAT IS A LIVING WILL? A living will is a legal document that you sign, giving your doctors, family members, and loved ones instructions on the type of medical care you would like to receive if you are unable to communicate. Your living will can specify which life-prolonging procedures you agree to ahead of time, as well as those you do not consent to. Be sure to discuss your living will with your healthcare provider, as he or she can offer valuable insight into the details that may be necessary to include. Your religious beliefs may affect your final instructions and you should take time to discuss the drafting of a living will with your clergy so your living will reflect your religious beliefs. WHY DO I NEED A LIVING WILL? Sometimes injuries and illnesses leave people incapacitated and unable to communicate their end-of-life wishes. This can create a stressful situation for loved ones who must try to guess what the person’s wishes might be, and sometimes they will make decisions based on emotions rather than what their loved one would want. By drafting a living will, you remove all uncertainty about your end-of-life preferences and the sense of guilt your health care surrogate may have if there was no written living will. A written living will ensure that you will be treated the way you choose while also alleviating responsibility from the people closest to you. Your living will is not just about your care, it is also for the benefit of your loved one who will have to make that difficult end-of-life decision for you. A living will give them peace of mind as well. Whether you would like advice about drafting your living will appointing a power of attorney, managing trusts, or estate planning, contact us today to set up a consultation. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • EB5 | BUSCHKIN LAW FIRM

    Back Immigrant Investor Program The EB5 visa offers US permanent residency in exchange for a minimum $900,000 investment in the United States. It is one of the fastest and most effective routes to a Green Card, which offers freedom to live, work, study or retire anywhere in America. The government makes 10,000 of these green cards available every year and, so far, the number of applicants has always been below the cap. The key advantage of this Visa is the speed with which you can get a green card. The downside is that it is a very complex legal area and the Visa petition requires extensive documentation. Also, the EB-5 Visa requires a substantial investment. Requirements & Eligibility There are 5 main criteria to get an EB-5 Visa. They are as follows: You must invest or be actively in the process of investing either $1,800,000 or $900,000 (the lower, $900,000 investment is permitted in rural or high unemployment settings, which are also known as “targeted employment areas,” or “TEA”) You must show that the funds come from a legitimate source The entire amount of the investment must be active or at risk (this means that you cannot just be thinking about buying a business, and you have to put up capital that could be lost) You must make the investment in a “new” or “existing business enterprise” (this allows you to create your own business or buy one); and You must demonstrate that the investment directly or indirectly results in the creation or preservation of ten full time jobs. If you can meet these criteria, you are well on your way to getting an EB-5 Visa. The process, though, is not simple, and you will need a qualified lawyer (and perhaps an accountant) to navigate through this complex area. When filing your petition you must apply to the United States Citizenship and Immigration Services (“USCIS”) and submit a number of required documents including: immigration forms, personal financial information, business plans, a legal brief summarizing how you have met all of the elements of the statute, and other supporting evidence. CAPITAL INVESTMENT REQUIREMENTS Capital means cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by immigrant investors, if they are personally and primarily liable and the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital will be valued at fair-market value in U.S. dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) will not be considered capital. Immigrant investors must establish that they are the legal owner of the capital invested. Capital can include their promise to pay (a promissory note) under certain circumstances. The minimum investment amounts by filing date and investment location are: A targeted employment area can be, at the time of investment, either: A Rural Area: any area other than an area within a metropolitan statistical area (MSA) having a population of 20,000 or more An Area with high unemployment: Where the new commercial enterprise is principally doing business and the area has experienced an average unemployment rate of at least 150% of the national average unemployment rate. JOB CREATION REQUIREMENTS An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees. Direct investment: not located within a regional center, must itself be the employer of the qualifying employees. Regional center: can directly or indirectly create full-time positions by creating: Direct jobs that establish an employer-employee relationship between the new commercial enterprise and the persons it employs. Indirect jobs created as a result of the new commercial enterprise. Troubled business: investors may rely on job maintenance. Must show that the number of existing employees is, or will be, no less than the pre-investment level for a period of at least two years. Application Process There are a number of steps that investors must complete to get a green card through the EB-5 visa program. The process is complicated, but if you have the funds, this is an excellent way for someone and their family to get green cards and ultimately become U.S. citizens. Here are the 5 (five) key steps to get an EB-5 Visa: Step 1: Find The Appropriate Investment “Project” Individual investor must locate an investment project or business on their own Investors can invest through “Regional Centers” Regional Center Pilot Program: investors can act more as passive investors and contribute funds to government-recognized entities Step 2: Make a Capital Investment and Your Attorney Files an I-526 Petition Invest the required investment amount in the project that they have chosen Often made into an escrow account I-526 Petition: Prove creation of 10 full time jobs, usually supported by a comprehensive business plan Prove that the funds came from a legitimate source Step 3: Request for Information An EB-5 Visa petition is an extremely complex and document-intensive petition New enterprise: the exact nature or basis of the financial data or strategy may not be apparent Government often requests additional information from applicants after the I-526 has been filed Step 4: Apply For A Conditional Green Card (Part 1) One of requirements for EB-5 is hiring 10 full-time U.S. workers Government will issue you a conditional green card for two years At the end of the two years: prove that you have hired the required employees Eligible for this conditional green card once their I-526 petition has been approved Step 5: Removal of Conditions on the Green Card (Part 2) File an I-829 petition 90 days prior to the anniversary of the date that the applicant first received their conditional residency Government usually issues a permanent green card around 6 months Wait for “USCIS” and Department of State to schedule an interview Before getting “official” green card, it has conditions imposed for a two-year period COMMON QUESTIONS WHAT ARE PHYSICAL PRESENCE REQUIREMENTS FOR EB-5 INVESTORS? There is no 180-day rule. If you have a green card, you are expected to live here and pay taxes. You are allowed to be abroad for a few months with good reason. If you out for more than one year, the green card is technically terminated. For this reason, you should apply for a re-entry permit which authorizes absences of up to two years, if approved. HOW CAN I TRAVEL WITH MY EB-5 I-829 RECEIPT NOTICE IN THE ABSENCE OF A GREEN CARD? The I-829 receipt extends your evidence of green card status for 18 months. Take a copy of the PR card, I-90 receipt and I-829 receipt. If you can get another passport stamp, get that, but they are hard to get these days. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • O1 | BUSCHKIN LAW FIRM

    Back Individuals with Extraordinary Ability or Achievement O-1 visa is a great visa for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. One of the O-1 visa requirements is a consultation with a U.S. peer group, labor organization or management organization regarding the nature of the work you will be doing in the U.S. and your qualifications. Requirements and eligibility REQUIRED DOCUMENTATION FOR O-1 VISA Along with your passport, visa fee receipt, and the notice of decision by the USCIS, the following is a concise list of all the documents you need to apply for an O-1 visa: Written consultation from someone with expertise in your field. Ex: a peer group, as relevant to your area of expertise . Copy of the written work contract that must include a summary of the agreement under which you will be employed. Document explaining the activities and events you will participate in. Must include the nature, start and end dates. And an itinerary of these activities/events. Proof of your extraordinary abilities or achievements. Some examples are: Proof you have received an award; Published articles relevant to your field; Contributed original research to your field; You are a member of a highly distinguished association or organization; or Have been paid a high salary for your skills and contribution REQUIRED DOCUMENTATION FOR O-2 VISA Written consultation Support of an individual with extraordinary ability in athletics or the arts: must be from the appropriate labor organization. Support of an individual with extraordinary achievement in motion pictures or television: must come from an appropriate labor organization and a management organization with expertise in the skill area involved Proof of your extraordinary abilities or achievements Should establish that you have substantial experience performing the critical skills and essential support services for the O-1. For motion picture or television production, establish that significant production, including pre- and post-production, has taken place outside the United States and will take place inside the United States, and that your continuing participation is essential to the successful completion of the production. After petition is approved You can apply for your visa in the U.S. Embassy or Consulate Department of State (DOS) establishes visa application processing and issuance fees Application process APPLICATION PROCESS FOR AN O-1 VISA File Form I-129, Petition for Nonimmigrant Worker (U.S. employer, U.S. agent, or foreign employer through a U.S. agent). Include required evidence according to the form instructions. File it at least 45 days before the date of employment. In addition to Form I-129, the petitioner must submit the documentary evidence discussed in the previous item. APPLICATION PROCESS FOR AN O-2 VISA Employer or agent should file Form I-129, Petition for a Non-immigrant Worker, Include the required evidence according to the form instructions. Must petition for you in connection with the services of an O-1 artist or athlete, Both you and the O-1 artist or athlete must each have your own Form I-129. Employer or agent cannot file your Form I-129 more than one year before the artist or athlete will begin employment. File it at least 45 days before the date of employment. In addition to Form I-129, the petitioner must submit the documentary evidence discussed in the previous item. Processing times and Period of Stay/Extension of Stay With each step discussed above in mind, we can make an estimate on what the processing time will be. However, there are a number of factors that can drastically change the amount of time it will take. Form I-129: average of six months depending on caseload. Premium processing shortens your petition’s processing time to 15 calendar days Take into consideration the amount of time it will take to gather and organize the evidence required to prove your eligibility. If you are outside the U.S. and must go through consular processing, the O-1 processing time may be extended depending on when the consulate or embassy schedules your interview appointment. As an O non-immigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. You are only authorized to work during the validity period of the petition. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Franchise Rule | BUSCHKIN LAW FIRM

    Back FTC Franchise Rule The Franchise Rule gives prospective purchasers of franchises the material information they need in order to weigh the risks and benefits of such an investment. The Rule requires franchisors to provide all potential franchisees with a disclosure document containing 23 specific items of information about the offered franchise, its officers, and other franchisees. The Federal Trade Commission (FTC) Franchise Rule is a disclosure rule that requires a franchisor offering or selling a franchise located in the United States of America to provide the prospective franchisee with the relevant information about the franchise. Under Subpart B of the FTC Franchise Rule , the franchisor shall be in breach of the FTC Franchise Rule if it: (a) fails to furnish the prospective franchisee with the disclosure document fourteen calendar days before the prospective franchisee signs the franchise agreement or makes any payment in connection with the franchise; or (b) if the franchisor unilaterally modifies the terms and conditions of the franchise agreement without furnishing the prospective franchisee with a copy of the revised franchise agreement at least seven calendar days before the prospective franchisee signs the revised franchise agreement. According to Subpart C of the FTC Franchise Rule , along with other formalities established therein, the disclosure document the franchisor shall provide to the prospective franchisee must contain the following material information: - A cover letter indicating: (a) the franchisor's name, type of business organization, principal business address, telephone number, and, if applicable, email address and primary home page address; (b) a sample of the primary business trademark that the franchisee will use in its business; (c) a brief description of the franchised business; and (d) the total investment required to begin the operation of the franchise. - The following 23 items of disclosure information: (1) the franchisor and any parents, predecessors, and affiliates; (2) business experience; (3) litigation; (4) bankruptcy; (5) initial fees; (6) other fees; (7) estimated initial investment; (8) restrictions on sources of products and services; (9) franchisee's obligations; (10) financing; (11) franchisor's assistance, advertising, computer systems, and training; (12) territory; (13) trademarks; (14) patents, copyrights, and proprietary information; (15) obligation to participate in the actual operation of the franchise business; (16) restrictions on what the franchisee may sell; (17) renewal, termination, transfer, and dispute resolution; (18) public figures; (19) financial performance representations; (20) outlets and franchisee information; (21) financial statements; (22) contracts; and (23) receipts. Detailed information about each item may be consulted in Subpart C of the FTC Franchise Rule. Under Subpart E of the FTC Franchise Rule , seven exemptions apply to the FTC Franchise Rule. As of July 1, 2020, the following are the thresholds applicable to those exemptions from compliance with the FTC Franchise Rule: (a) Sales where the buyer pays less than $615 for the franchise. (b) Sales requiring a large investment where the franchisee pays at least $1,233,000, excluding the cost of unimproved land and any franchisor (or affiliate) financing; and (c) Sales to large entities, such as multi-unit franchisees, airports, hospitals, and universities that have been in business for at least five years and have a net worth of at least $6,165,500. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Elder Care and Estate Planning | BUSCHKIN LAW FIRM

    Back ELDER CARE AND ESTATE PLANNING Many years ago, planning for the future meant retirement and estate planning. In recent years, planning for the future has taken on new meaning. It now includes planning for long-term care. This change in society is a result of an aging population Living beyond the normal retirement age as a result of advanced medical care, better nutrition, and increased exercise. In order to address the needs of this new paradigm, families need to consider the cost of long-term care and how they are going to pay for it. Our services cover Wills and Trusts, Asset Protection, Special Needs Planning, Medicaid, Adult Guardianship, Probate, Estate and Trust Administration. Our dedication to the areas of Elder Law and Estate Planning is founded in our appreciation of life and family values. Our process is tailored to the needs of our clients and is always focused on what is important to you. It is designed to ensure that you have an estate plan that actually works and your experience with our process is pleasant and stress-free. We believe in creating value for our clients through compassionate and competent representation in every matter we undertake. WHY CHOOSE US? Estate planning and elder law issues are ultimately about family. Whether you want to protect your family after you are gone, ensure the best care for your aging parents, or enforce the wishes of a deceased loved one, you want to work with attorneys who understand that families can be complicated and that every client deserves their utmost respect and undivided attention. At Buschkin Law Firm, we are committed to providing your family with the best possible estate planning legal services. When you work with us, you can expect: Care and compassion. We relate to our clients on a personal level and are always completely honest, straightforward, and authentic in our interactions. Responsiveness. We are committed to answering questions and responding to clients’ needs as quickly as possible, but we also take the time to get to know each of our clients and their families so that we can find the solutions that work best for them. The comfort that our work brings to our clients and their families is the passion that drives us to provide results-driven legal services with a personal touch. Making decisions about what you want for your family members, your home, and your assets should you become debilitated or die is extremely difficult and intensely personal. You need to work with attorneys you can trust to thoroughly explain your options and address your concerns with compassion and empathy. We provide a level of personal attention that is unmatched, treating our clients with the utmost respect and concern. Buschkin Law Firm makes an effort to look at your entire life to help you build a plan or litigate an issue in a way that meets your personal goals. We do not see estate planning and elder law clients in terms of single transactions, but rather as an opportunity to build a long-term relationship. SERVICES ESTATE PLANNING Planning is the key in preserving your assets. We help clients design and implement strategies that provide for the administration and disposition of assets during your life and in the event of incapacity or death. Read More SPECIAL NEEDS Beneficiaries with disabilities and special needs require special consideration in your estate planning. With the right planning, you can protect your most vulnerable loved ones in the event of your incapacity or death. Read More WILLS We can assist you with drafting a Will and help your family to safeguard the interests of your beneficiaries during the probate process. Read More ESTATE & TRUST ADMINISTRATION We work with family members who have been appointed trustee, executor, or personal representative of their loved one’s estate, as well as professional fiduciaries who serve in that capacity. Read More MEDICAID Long-term care can be financially devastating and deplete your life savings. We can help you create a plan that will allow you to stay in control of your life and protect your assets for the people you love. Read More ASSET PROTECTION Preserving wealth can be difficult. Your assets can be affected by legal risks that you and your loved ones might be exposed to. We can help with creating planning strategies designed to protect your individual assets. Read More PROBATE & PROBATE AVOIDANCE Protect your loved ones from the hardship of distributing your estate, or get help managing the estate of a loved one. Read More GUARDIANSHIP It’s always best to be prepared. Make tough times easier on your family by setting up advance directives. In an emergency, assign your own guardian. Read More Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Real Estate Law | BUSCHKIN LAW FIRM

    Back REAL ESTATE The Power Of Experienced Litigators In matters of real estate litigation and title insurance claims, having well-informed, experienced real estate attorneys at your side gives you a distinct advantage. Buschkin Law Firm has substantial experience in every facet of real estate litigation, title insurance claims, and title defence litigation. Buschkin Law Firm understands real estate law and the intricacies of commercial and residential real estate transactions. Whether the solution to a dispute lies inside or outside the courtroom, we work diligently to advocate our client’s position and reduce their exposure. When litigation is unavoidable, we are by your side ready to bring our legal knowledge and expertise to bear, finding the solution that is best for you. Real estate litigation generally refers to any dispute arising from a real property interest. We advise and represent clients on all aspects of real estate litigation and contractual disputes and help clients evaluate the legal and business issues that impact real estate contracts. We have a great deal of experience in handling diverse and complex litigation and contractual disputes, and in achieving successful outcomes. General Real Estate Practice Buschkin Law Firm has technical skills and, equally important, a practical orientation regarding business advice, the structuring of transactions and contract negotiations. Our experience relates to a broad spectrum of real estate asset types, including equity, debt and leasehold interests, and various property types, including office, multi-family, condominiums, shopping centers, hotels, hospital and health care facilities, storage facilities, industrial and warehouse properties and mixed-use developments. We can help you in commercial and residential development, joint venture transactions, sales, acquisitions, construction and permanent financings, "big box" leasing and commercial office and retail leasing transactions. We also can help you with workouts, loan restructurings and asset acquisitions on behalf of lenders and borrowers, and in matters involving condominiums and cooperative housing corporations. During times of market uncertainty and legislative change, the real estate sector offers significant opportunities for companies that can target and manage potential risks. Strategic legal counsel based on a clear-eye assessment of market realities can help owners, developers, and investors reap the rewards of a volatile market. Buschkin Law Firm provides comprehensive and fully integrated services, we advise on the full range of sophisticated real estate transactions and construction projects, with a strong focus on portfolio transactions, complex and alternative financings, large-scale development and redevelopment projects, and high-stakes dispute resolution. We offer cogent counsel on all aspects of real estate transactions, from acquisitions and financings to leasing and sales, and help clients navigate and comply with shifting environmental regulations. In addition, should a dispute arise, we vigorously litigate on our clients’ behalf. New York and New Jersey Residential Real Estate Attorney Real estate is an integral part of the economy in the New York Metro Area, there is a lot at stake in real estate transactions throughout New York and New Jersey . Our clients trust our services and rely on us to protect them at every stage of a transaction. If you plan to buy or sell a home or property in NYC or surrounding areas anytime soon, you will want to work with an experienced new York and New Jersey residential real estate lawyer. Hiring an attorney who specializes in New York and New Jersey real estate can protect your rights, make the process easier by ensuring that all contracts and documents meet legal requirements, and identify any potential problems with the agreement to prevent future legal complications. Buschkin Law Firm can help you in the following ways: We help you review and prepare all information related to your purchase. This involves interpreting real estate laws, regulations, and policies, as well as developing specific contracts and agreements. When buying or selling real estate, you will come across a lot of new information, and some of it may be confusing. A lawyer can help you understand the language of the real estate world, facilitate the transfer of titles and funds, ensure you meet your contractual agreements, and prevent you from facing surprises at closing. In addition to being knowledgeable about the real estate industry, Buschkin Law Firm can also help you feel secure in your specific investment. By entering a deal with legal representation, you’ll have a knowledgeable, skilled advocate who can identify any risks associated with this acquisition, protect your interests, and deliver the best possible outcome in your case. Buschkin Law Firm is not only valuable for our legal knowledge but also our negotiation skills, in and outside of the courtroom, we can help you during the deal-making process ensure you achieve a contract that minimizes risk and maximizes reward. What we offer Buschkin Law Firm handles complex and challenging matters for a wide array of clients, such as the owners, developers and financiers of the largest real estate projects, both in the private and public sectors. We are skilled in a broad spectrum of transactions that includes: Real estate finance Development Sales and acquisitions Land use and environmental matters Leasing Distressed asset workouts Real estate matters may require a range of services and present varied challenges. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Selling a Franchise

    Back SELLING A FRANCHISE We will consult with you about the structure and, if desired, business aspects of your transaction. We'll prepare the selling agreements and other closing documents. We'll negotiate with your landlord, buyer's attorney and the franchiser to ensure that you get everything in order before signing on any dotted lines. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Health Surrogates | BUSCHKIN LAW FIRM

    Back Comprehensive Healthcare Surrogate Estate Planning Services We know how important it is to have a health care surrogate in place before the time comes when one is needed. WHAT IS A HEALTH CARE SURROGATE? A health care surrogate is a third party who has been named in advance to make medical decisions on your behalf if you are unable to make those decisions yourself. The term can also be used interchangeably with “health care advanced directives,” “advanced health care directives,” or “health care power of attorney.” When appointing a health care surrogate, it’s very important to choose someone who is attentive, trustworthy, familiar with your medical wishes in various health-related scenarios, and capable of making difficult medical decisions. WHY DO I NEED A HEALTH CARE SURROGATE? Emotions run high during times of medical emergency. Families often have strong feelings about what should happen to their loved ones. If you were to suddenly fall ill, a legal document naming your health care surrogate could help eliminate any confusion about who is responsible for making decisions about your medical care. This will spare your family members from arguing (and in some cases even going to court) over who should be tasked with making difficult decisions regarding your well-being. The written document appointing a health care surrogate is especially important when you have internal family conflict or if you are bypassing family members to appoint a non-family member or companion to serve as your health care surrogate. You may want someone to have access to your medical information immediately, even if you are fully able to make your own decisions. In this way, your surrogate can be fully informed of your medical condition if, at some point in time, the doctors determine that you are unable to make your own decisions for medical care. A properly drafted health care surrogate can add that provision. The final decision on care always remains with you unless the doctor states that you cannot make a decision. We can help you with your advanced health care directive, ensuring that your wishes will be honored in any eventuality. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

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