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Attorneys Who Will Fight For You Nous sommes fiers de servir nos clients dans la région de New York et du New Jersey ainsi que de nombreux clients dans le monde entier OPÉRATIONS IMMOBILIÈRES LOI SUR LA RESTAURATION ET L'HOSPITALITÉ DROIT DES AFFAIRES ET DE LA FRANCHISE FAILLITE ET ALLÉGEMENT DE DETTES DROIT DE L'IMMIGRATION ET IMMIGRATION DES AFFAIRES LOI SUR LES SOINS AUX AÎNÉS ET PLANIFICATION SUCCESSORALE Notre pratique du droit se concentre sur les besoins de nos clients dans les domaines de

Back SERVICES IMMIGRATION LAW READ MORE FAMILY LAW AND DIVORCE LAW READ MORE ELDER CARE & ESTATE PLANNING READ MORE RESTAURANT LAW READ MORE REAL ESTATE LAW READ MORE FRANCHISE LAW READ MORE BUSINESS LITIGATION READ MORE BUY/SELL A BUSINESS 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

Back Compassionate Last Will and Testament Estate Planning Services We can help you draft a last will and testament that leaves you feeling confident and secure. WHO NEEDS A LAST WILL AND TESTAMENT? Anyone over 18 with personal assets should have a last will and testament. Moreover, anyone with loved ones should execute a will. Your testament details your wishes regarding young (minor) children, relatives, and pets under your care. It can even specify your funeral arrangements and service. WHY CREATE A WILL? A person drafts a last will and testament to state in writing, the persons or charities that will receive his or her assets after death. There are many reasons to create a last will and testament, but the most obvious is to ease the burden on family and friends after you pass away. Your last will and testament officially notify all parties of how you want your estate assets distributed and to whom. As the testator (the person drafting the will), you choose someone to oversee the estate after you are deceased, known as the executor. He or she is responsible for managing and disbursing your assets in accordance with your last will and testament and must act in the best interest of the estate when making decisions that affect those assets. Your last will and testament allows you to have the final say in these decisions. That’s why you need an experienced attorney to guide you through the drafting and execution of this critical document. With Buschkin Law Firm on your side, there will be no need to worry. We’ll help you draft a last will and testament that completely attests to your wishes. Alongside estate planning, we also focus on long-term care planning and probate/trust administration. 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

Back Temporary Business Visitor This Visa is required for temporary business visitors to conduct activities of a commercial or professional nature. For example, consult with business associates, negotiate a contract, or attend a business conference Temporary business - participating in business activities of a commercial or professional nature in the United States, including, but not limited to: Consulting with business associates Traveling for a scientific, educational, professional or business convention, or a conference on specific dates Settling an estate Negotiating a contract Participating in short-term training Transiting through the United States: certain persons may transit the United States with a B-1 visa Deadheading (certain aircrew members may enter the United States as deadhead crew with a B-1 visa) VISITOR VISA VS. VISA WAIVER PROGRAM The main difference between these two is that a Visitor Visa is used for persons who wish to enter the United States to engage in temporary tourism, business, or professional activities related to their employment or business abroad. The primary intent for this visa type is that it’s for business purposes. B-visa visitors are not permitted to engage in employment while in the US. Meanwhile, the Visa Waiver Program does not need a B1 Visa to enter the United States, enabling most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Requirements and eligibility If you apply for a B-1 visa, you must demonstrate to a consular officer that you qualify for a U.S. visa that presumes that every B-1 applicant is an intending immigrant. You must overcome this legal presumption by demonstrating the following: The purpose of your trip is to enter the United States for business of a legitimate nature You plan to remain for a specific limited period of time You have sufficient funds to cover the expenses of the trip and your stay in the United States You have a residence outside the United States that you have no intention of abandoning, as well as other binding ties that will ensure your return abroad at the end of the visit You are otherwise admissible to the United States Application Process The order of these steps and how you complete them may vary by the U.S. Embassy or Consulate. Please consult the instructions on the U.S. Embassy or Consulate website . STEP 1: COMPLETE THE ONLINE VISA APPLICATION Form DS-160 - You must: Complete the online visa application. Print the application form confirmation page to bring to your interview. You will upload your photo while completing the online Form DS-160. Must be in the format explained in the Photograph Requirements . STEP 2: PAY THE B1 VISA FEES Pay the non-refundable visa application fee ($160). If your visa is approved, you may also need to pay a visa issuance fee, if applicable to your nationality, the amount depends on the relationship that your home country has with the US. STEP 3: SCHEDULE AN INTERVIEW Schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. STEP 4: GATHER REQUIRED DOCUMENTATION Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States. Non-immigrant Visa Application, Form DS-160 confirmation page. Application fee payment receipt, if you are required to pay before your interview. Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of: A letter which describes the purpose of your trip. Financial or bank statements to prove you have the finances to stay in the US. Ties to your home country such as family, job contract, lease, or property deed, which prove you will return. Criminal records or letters from authorities stating that you do not have prior convictions. If you have visited the US before, bring documents relevant to your prior visits. If you work, bring a letter from your employer and payslips for the last three months. A letter from the company detailing the purpose of the trip and your job position. STEP 5: ATTEND YOUR VISA INTERVIEW A consular officer will interview you to determine whether you are qualified to receive a visitor visa. Bring your documents file and be prepared to answer questions from the interviewer. You will be asked about your background, your purpose of visit, what business you will be doing in the United States, and whether you intend to return. Ink-free, digital fingerprint scans are taken as part of the application process. After your visa interview, the consular officer may determine that your application requires further administrative processing. The consular officer will inform you if this is required. STEP 6: ENTERING THE UNITED STATES A visa allows a foreign citizen to travel to the U.S. and request permission to enter. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Processing times and Period/Extension of Stay The processing times for the B1 visa is not exact. It can take a couple of weeks or a few months for your visa to be processed. This depends on the workload of the US Embassy and other factors that they take into consideration. After the processing time is complete, you will be notified about whether you got the visa or not. You can review the visa processing times for Visa Appointment depending on your home country. The initial validity for which the B1 visa is given is 6 months. For extension you must: Prove that you have not completed all the business that you need to complete. Get letters of confirmation from your employer or company that proves your stay in the US is essential for business. Remember that you are not allowed to work for a US company and earn income Prove financial stability and that you have enough money to stay in the United States. At the port of entry, an immigration official must authorize your admission to the United States. If you wish to stay beyond the time indicated on the Form I-94 without departing from the United States, you must file Form I-539, Application to Extend/Change Nonimmigrant Status. Submit any required supporting documents to USCIS. VWP: ESTA application, participating countries, passport requirements ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Authorization via ESTA does not determine whether a traveller is admissible to the United States. U.S. Customs and Border Protection officers determine admissibility upon travellers' arrival. HOW TO APPLY FOR AN ESTA? PARTICIPATING COUNTRIES You must be a citizen or national of the following countries to be eligible to travel to the United States under the VWP. PASSPORT REQUIREMENTS Travel under the Visa Waiver Program is restricted to travellers possessing passports with specified security features. Visa Waiver Program requirements are: The passport must have a machine-readable zone on the biographic page. The passport must be an electronic passport with a digital chip containing biometric information about the passport owner. As of April 1, 2016, all travellers must have an e-passport to use the VWP. An e-Passport, denoted by the symbol, is an enhanced secure passport with an embedded electronic chip. Canadians & Bermudians Citizens of Canada traveling to the United States do not require a non-immigrant visa, except for the travel purposes described below. VISA REQUIREMENTS - CITIZENS AND PERMANENT RESIDENTS OF CANADA Foreign government officials (A); officials and employees of international organizations (G); and NATO officials, representatives, and employees assigned to the United States (NATO) Treaty traders (E-1) Treaty investors (E-2) Spouse or Child of an Australian Treaty Alien coming to the United States Solely to Perform Services in a Specialty Occupation (E-3D) Fiancé(e)s (K-1) Children of fiancé(e)s (K-2) Spouse of a U.S. citizen traveling to the United States to complete the immigration process (K-3) Children of a foreign citizen spouse (K-4) described above Informant supplying critical information relating to a criminal organization (S-5) Informant supplying critical information relating to terrorism (S-6) Qualified family member (S-7) of an S-5 or S-6 visa holder described above Citizens of Bermuda traveling to the United States do not require a non-immigrant visa for travel up to 180 days, except for the travel purposes described below. Additionally, Bermudian citizens do not require a visa unless they are ineligible for a visa under U.S. immigration law, or have previously violated the terms of their immigration status in the U.S. VISA REQUIREMENTS - CITIZENS OF BERMUDA Foreign government officials (A); and officials and employees of international organizations (G) Fiancé(e)s (K-1) Children of fiancé(e)s (K-2) Spouse of a U.S. citizen traveling to the United States to complete the immigration process (K-3) Children of a foreign citizen spouse (K-4) described above Informant supplying critical information relating to a criminal organization (S-5) Informant supplying critical information relating to terrorism (S-6) Qualified family member (S-7) of an S-5 or S-6 visa holder described above Other travel purposes where the intended stay is longer than 180 days Family of B-1 Visa holders Spouses and children are not eligible for a dependent visa. You can find out if they need a visa by checking to see if your country participates in the U.S. Visa Waiver Program (VWP) . If you don't see your country listed, you will need a non-immigrant visa to visit the U.S. Each of your dependents who will be accompanying or following to join you must apply separately for a B-2 visa and must follow the regulations for that visa . With this visa, they will be able to come to stay with you for 6 months, and then ask for extensions for up to 1 year if necessary. Whether your dependents get the visa or not does not depend on the fact that you have a B1 visa. Each application is considered individually so there must always be proof of financial stability and that you plan to return home. Here are some examples of activities permitted with this visa: Tourism Vacation (holiday) Visit with friends or relatives Medical treatment Participation in social events hosted by fraternal, social, or service organizations Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating Enrolment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation) 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

Back Specialty Occupations The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) has a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for up to six years. This is a very popular visa because, unlike many other non-immigrant visas that make applying for a green card very difficult and require foreign workers to maintain a residence in their home country, the H-1B visa permits “dual intent.” Dual intent allows one to apply for a green card while in the U.S. without running into problems. Requirements and eligibility QUALIFICATIONS LABOR CONDITION APPLICATION (LCA) Prospective specialty occupation and distinguished fashion model employers/agents must obtain a certification of an LCA from the DOL. The application requires the employer/agent to attest that it will comply with the following labor requirements: The employer/agent will pay the H-1B worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working. The employer/agent will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the place of employment. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment. Application Process Processing times and Period of Stay/Extension of Stay Labor certification is done prior to filing the H-1B petition, and it usually takes about 2 weeks to get an answer from the Department of Labor. Premium processing is available and you can have an answer in 15 calendar days. Premium processing will cost you an additional $1,440, but it is generally well worth it to keep your place in line. Family of H-1B Visa holders H-1B visa holders can bring their spouse and children under 21 years of age to the U.S. under the H-4 visa category as dependents. While dependents are permitted to remain in the U.S., an H-4 visa holder is not eligible to work in the U.S. They can, however, attend school, obtain a driver’s license, and open a bank account while in the U.S. The spouse of H-1B non-immigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B non-immigrant has already started the process of seeking employment-based lawful permanent resident status. 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

Back 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. When an individual no longer has the mental capacity to manage his or her financial affairs and property or to make personal decisions relating to health care and residence, guardianship may be necessary. A guardianship may also be necessary if there are concerns that someone is being financially exploited or physically abused. Guardianship is the legal process of petitioning the court to appoint a guardian to make decisions on behalf of the alleged incapacitated person (AIP). Once appointed, the guardian stands in the shoes of the individual and is in charge of making personal decisions for the individual and/or decisions about his/her property. The process begins with a court proceeding brought by a petitioner who may be concerned about an elderly relative, friend or neighbor who doesn't appear to be caring for himself or herself properly. The petitioner may want to be the guardian of the person they are concerned about, or the petitioner may want to have a professional guardian appointed. We’re committed to helping make the best choice by providing the compassion, care, and dedication you deserve. With a guardian, you can renounce worry and trust that someone is securing your well-being and wishes. Your loved ones can relax knowing that you’re safe. The court will also provide oversight to ensure your comfort. Having a strong support system always generates happiness, especially when you need help making decisions to enhance your quality of life. It also helps protect you from scammers and those who will try to neglect your rights. If you don’t choose a guardian or power of attorney in advance, the court will choose a reliable option for you, but it’s better to pick your own. It will ensure your independence for longer and give you the freedom to live the way you want. 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

Back BUYING A FRANCHISE The terms and conditions of your franchise agreement (and all other relevant documents) will be reviewed with you. Some of the issues that should be considered include: The length of the agreement and whether or not renewal is allowed are both important considerations when choosing an exclusive territory license; Requirements (including deadlines) to open the franchise; Refundability (or not) of the franchise fee; The franchiser’s trademarks; Conditions surrounding the opening of your franchised unit; Restrictions on transfer; Default/termination provisions; Requirements to refurbish/renovate the location; Venue and choice of law provisions with respect to dispute resolution. We will provide you with a comprehensive analysis of our insights and conclusions, along with any necessary modifications to ensure your agreement meets the standards set by franchisers. We can also assist in negotiating these changes if purchasing an existing franchise business. We will review (or prepare) the purchase agreement and other necessary documents, negotiate the appropriate modifications and work with you through and after the closing. 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

Back REAL ESTATE ASPECTS OF FRANCHISING With our help, you'll be able to find the perfect location for your business. We are an expert team that can easily analyze and negotiate any lease or sublet agreement. We will make you aware of clauses that can cost you money over the term of your lease; tax clauses, common area maintenance clauses, percentage increases, and percentage overage clauses. We will advise you of the ramifications of these provisions and help you negotiate them. We will ensure that your right to assign or sublet is not overly restrictive. What about lease guarantees and “good guy” guarantees? We can help you protect yourself in these areas. We will help you negotiate your “work letter,” your construction contract, and your construction (or acquisition) financing loan agreement. Dollars count. Let us help you to save them. 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

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

Back 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. HOW WE CAN HELP: Evaluate legal risks your assets are exposed to Design and implement a comprehensive asset protection plan Create a strategy to protect your assets for multiple generations Successful people know that preserving wealth is sometimes more difficult than creating it. The risk exposure of your assets is largely determined by financial and managerial decisions, but it can also be affected by legal risks you and your loved ones might be exposed to. Originally developed for professionals, business owners, and investors, asset protection services are now just as important for ordinary people seeking to preserve the wealth accumulated during their productive life. Widespread use of personal guaranties by banks and creditors has created overwhelming personal exposure for most business owners and investors. Several factors have increased the need for proper asset protection planning, including professional and personal liability, frequent abuses of the legal system, and aggressive tactics employed by unscrupulous creditors and other third parties. A proper asset protection analysis will evaluate present solvency issues and identify the best legal structure for allocating and holding your assets, using multiple tools and techniques available under law. Unfortunately, there are common misconceptions about the security of home equity, 401k, IRA, and 529 plans, insurance and annuity products, trusts, joint checking accounts, and various other assets and investment vehicles. For that reason, it is crucial to understand the risks associated with holding or transferring your assets without proper planning. While it is important to consider which assets can be placed beyond the reach of creditors, it is also critical to understand whether the assets will be afforded the same protections when transferred to your beneficiaries as a part of your estate. At Buschkin Law Firm, we will assess the risks and help you with the development and implementation of a comprehensive asset protection plan. We will show you how to protect your business, your property, and your personal assets for you and your loved ones. 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

Acerca de Back SELLING OR BUYING A BUSINESS Sale or Acquisition of a Business The sale or purchase of a business is a milestone for many owners, representing the culmination of years of work and planning Buschkin Law Firm can help structure the deal, collaborating with your accountant or other tax advisor so that it is tax efficient and minimizes liability exposure, alert you to potential problems and uncertainties that may arise from financing or regulatory hurdles, and negotiate the most favourable terms for you. At Buschkin Law Firm, we want to have a closer relationship with our clients and be a more integral part of the team, we cherish these relationships, and feel honoured that these companies have chosen us to be a part of their growth and success. Comprehensive Counsel Before the actual purchase of a business, it is important that due diligence is completed. This includes thoroughly investigating the company that you are interested in purchasing, reviewing major contracts, documentation, leases, and more to ensure that there are no major problems or surprises that will occur after the purchase is made. The outcome of due diligence often has a significant impact on the price that you pay, as well as the terms and conditions. We can help you through this process and make sure that you are fully informed about what you are acquiring before any finalizations are made. What we do At Buschkin Law Firm, we handle all the legal aspects of buying or selling your company. FOR BUYERS: Reviewing & negotiating the Purchase & Sale Agreement. Explaining the Purchase & Sale Agreement to the buyer. Conducting due diligence to ensure that the Company is legally registered and will not be violating any leases or contracts upon the transfer of ownership. Ordering a lien & judgment search to determine that there are no liens, judgments or tax liens against the company or the seller. Corresponding with the seller’s attorney & other parties. Preparing & reviewing all legal documents for the closing. Representing the buyer at closing. FOR SELLERS: Preparation & negotiation of the Purchase & Sale Agreement. Explaining the Purchase & Sale Agreement to the seller. Corresponding with the buyer’s attorney & other parties. Preparing & reviewing all legal documents for the closing. Escrowing of funds. Representing the seller at closing. If you are the buyer, you face the following risks if you do not retain an attorney: Business may not be legally registered. Business is or may be in violation of state or federal laws, in breach of existing contracts and may be in breach of its existing leases if the transfer is not properly conducted. Seller or the business may have liens or judgments that might be your responsibility upon the transfer of the business. Seller might be past due on taxes and the obligation to pay might fall on you If you are the seller, you face the following risks if you do not retain an attorney: Documents that you sign may put an obligation on you to be responsible for the business in the future, even if you will no longer be running the business or deriving a profit from it. If you have a lease, you probably made a personal guarantee. If the buyer stops paying rent in the future, you will still be personally liable. An arrangement for the buyer to pay in instalments may not go as planned. How will you be protected if the buyer stops paying? The buyer’s attorney will want you to prepare certain legal documents for the transfer. Are you able to prepare them without an attorney? 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

Back Durable Power of Attorney Estate Planning Services If you were to suddenly find yourself incapacitated, a durable power of attorney would give a trusted person the ability to make some of those important decisions for you. WHAT IS A DURABLE POWER OF ATTORNEY? A durable power of attorney is the legal right granted by you to a third party to make financial decisions in your name if you become incapacitated. Of course, since this third party has so much legal authority in your name, it is extremely important that you appoint someone whom you can absolutely trust and who also possesses the ability to handle your legal and financial matters. WHY DO I NEED A DURABLE POWER OF ATTORNEY? No one ever wants to think that the worst will happen, but having a power of attorney can protect you if you were to become incapacitated due to an injury, stroke, illness, dementia, or Alzheimer’s. The person with power of attorney will be able to help you pay your bills, take care of your investments, and buy or sell real estate and other assets. This can ensure that you are still able to care for your family, even while you are unable to work. Buschkin Law Firm can help you legally draft a power of attorney. We will work closely with you to ensure that you are as protected as possible. 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