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  • Asset Potection | BUSCHKIN LAW FIRM

    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

  • Services | BUSCHKIN LAW FIRM

    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

  • 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

  • Franchisee Associations

    Back FRANCHISEE ASSOCIATIONS As your trusted consultant, we will help you form an association that reflects the needs and preferences of those it serves. We'll prepare bylaws so it can be established in a timely manner, then get down to business with programs/agendas designed just for this type or purpose. We will review your existing franchise agreement (or new and amended), negotiate potential modifications with the franchiser. If you have other issues that cannot be resolved through negotiations, we can engage in mediation arbitration or litigation as appropriate for this type of situation. 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

  • LCA | BUSCHKIN LAW FIRM

    Back Labor Condition Application The Labor Condition Application is a form that a sponsoring employer files with the Department of Labor on behalf of any H-1B employees that the employer may be hiring. It is often one of the first steps that a sponsoring employer must take when trying to hire an H-1B employee. Without an LCA, the employer cannot file the I-129 petition for the H-1B visa. LCA Attestations A well-prepared LCA contains four different attestations from the employer. The attestation is a factual statement supported with evidence. In fact, the U.S. Department of Labor requires employers to provide and maintain documentation supporting that the following four main labor conditions have been met: Application process To get an LCA, your employer needs to file an ETA 9035 with the Department of Labour long before the beginning of the H-1B filing window. This way, you can avoid the risk of having the two overlap, causing you to miss the filing window. If your H-1B LCA is denied, the DOL will provide you with the reasons for the denial in the notice. It is not likely that an LCA denial can be appealed or motioned, but this obstacle can be overcome by fixing these problems and refiling before the H-1B filing window in April. This is why it is important to obtain an LCA well before the start of the filing season. Processing times and Period of Stay/Extension of Stay The typical processing time is 7 days, but this can easily vary from case to case based on how busy the DOL is at the time, when dealing with bureaucracy, you have to factor in delays or high volume periods. The initial validity period for the H-1B Labour Condition Application is three years, just like the H-1B. Some factors that can shorten this are: Termination of H-1B status Strike or lockout at place of work. If an employer becomes H-1B dependent, this can have a negative impact on the LCA. 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

  • Special Needs | BUSCHKIN LAW FIRM

    Back 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. HOW WE CAN HELP YOU: Assist in applying for government benefits to pay for skilled nursing, long-term, and in-home care Protect your assets for you and your loved ones Navigate through the maze of rules and regulations Your estate plan must account for possible disability, even if no beneficiary has special needs at the time because we cannot predict the future. At Buschkin Law Firm, we will help you protect your most vulnerable loved ones who may require continuous care and support. The bequests and distributions can be planned in such a way that they will supplement rather than supersede the benefits a person might already be receiving. To ensure that the intended gifts benefit your loved ones and improve the quality of his or her life, we can assist you in setting up a Special Needs Trust. We help our clients explore their options for maximizing benefits for their heirs. With respect to clients or their beneficiaries with special needs, our services cover many areas, including: trust administration and trustee representation, specialized estate planning, special education advocacy, guardianships and conservatorships, public benefits, employment, and residential issues. 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

  • 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

  • Testimonials | BUSCHKIN LAW FIRM

    Testimonials Helen Cole CEO Software Development Company I'm a paragraph. Click here to add your own text and edit me. I’m a great place for you to tell a story and let your users know a little more about you. Adam Kant Business Development Manager Venture Capital Firm I'm a paragraph. Click here to add your own text and edit me. I’m a great place for you to tell a story and let your users know a little more about you. Joyce Watkins Senior Risk Officer Investment Management Company I'm a paragraph. Click here to add your own text and edit me. I’m a great place for you to tell a story and let your users know a little more about you. Debra Ward HR Director Biotech Company I'm a paragraph. Click here to add your own text and edit me. I’m a great place for you to tell a story and let your users know a little more about you. Jack Bryan VP Marketing & Sales Internet Company I'm a paragraph. Click here to add your own text and edit me. I’m a great place for you to tell a story and let your users know a little more about you. Harold Dean Founder Boutique Consulting Firm I'm a paragraph. Click here to add your own text and edit me. I’m a great place for you to tell a story and let your users know a little more about you. Clients 1/2

  • J1 | BUSCHKIN LAW FIRM

    Back Exchange Visitors The J-1 visa, also known as the Exchange Visitor Visa or J student visa, is for anyone outside of the US who wishes to take part in study- and work-related exchange programs approved by the Department of State Bureau of Educational and Cultural Affairs. To qualify for a J-1 visa, the first thing you need to do is apply for an exchange program (study or work) through an assigned sponsor in the US. Only after you are accepted into a program, you can apply for a J-1 visa. The J-1 visa, also known as the Exchange Visitor Visa or J student visa, is for anyone outside of the US who wishes to take part in study- and work-related exchange programs approved by the Department of State Bureau of Educational and Cultural Affairs. To qualify for a J-1 visa, the first thing you need to do is apply for an exchange program (study or work) through an assigned sponsor in the US. Only after you are accepted into a program, you can apply for a J-1 visa. The J-1 visa has 15 categories of eligible roles and/or program types: ​ Au Pair Camp Counselor College and University Student Secondary School Student Government Visitor International Visitor Physician Professor Research Scholar Short-Term Scholar Specialist Summer Work Travel Teacher Trainee Intern ​ CAN YOU WORK IN THE US WITH A J-1 VISA? ​ Yes, you can! J-1 students are permitted to work while studying, as long as they obtain work authorization. There are certain restrictions, such as only working part time on campus for a maximum of 20 hours per week. Students are permitted to work full time during academic breaks. ​ TWO-YEAR HOME RESIDENCY REQUIREMENT ​ A J-1 visa is issued with several conditions attached, one of which is that after your program is over and your visa expires, you have to return to your home country and live for two years. You are subject to this condition if you are a part of a: Government-funded Exchange Program. Specialized Knowledge or Skill. Graduate Medical Education/Training. During this time, you cannot apply for the following visas: An immigrant visa. A temporary worker (H). An intracompany transferee (L). A fiancé visa. Requirements and eligibility DOCUMENTATION ​ When you apply for a J-1 visa, you at least need to prepare the following documents: Passport. Your passport must be valid for at least six months after you depart from the country unless there are specific exemptions depending on where you are from. Photograph. Submit your photograph when you complete the visa application form online. If your photo is not uploading, then bring a physical copy but, please make sure to follow the instructions on how to take your visa photo. Non-immigrant visa application form. Fill in form DS-160 online and bring the confirmation page with you to the embassy/consulate. Visa fee receipt. If you are required to pay the visa fee before your interview, bring your receipt. Form DS- 2019. After you are accepted into your exchange program, your sponsor registers you into SEVIS (Student and Exchange Visitor Information System). Afterward, you will receive this DS form, and you may be required to pay a form fee. Form DS- 7002. If you’re a participant in the J-1 trainee and intern categories, you will also need this form. J1 visa health insurance. You must have health insurance coverage and it is the sponsor’s responsibility to ensure that you have purchased one. You may also be asked to provide additional documents for the review process, such as evidence of: The purpose of your travel; Your intent to depart the United States after your travel; Your ability to pay all travel costs. Evidence of your employment and/or your family ties may be sufficient to show the purpose of your travel and your intent to return to your home country. If you cannot cover all the costs for your travel, you may show evidence that another person will cover some or all costs for your travel. You need to review the instructions from the US embassy or consulate where you apply. After you submit your application, remember to get a payment receipt to present at your visa interview. Application process Period of Stay/Extension of Stay The length of time for which you will be allowed to stay in the U.S. on a J-1 exchange visitor visa depends on the type of program you will be participating in and the dates of your planned participation. Family of the J-1 Plenty of Exchange Visitors travel to the United States with their spouse and children. These family members receive J-2 visas. They are able to attend school and work (conditionally) in the country for the duration of the primary J-1 visa holder’s program. ​ HOW TO REQUEST A SEPARATE FAMILY DS-2019 ​ Step 1: Gather Supporting Information and Documents: Have the scholar provide a scan of the dependent’s passport biographic page and any new documentation of funding. Step 2: ISO Issues DS-2019: Use the information on the scholar’s most recent visa request and the documents gathered to complete the Add J-2 Dependent Request and submit it. You will receive a confirmation email. ISO will then issue a new DS-2019 for the J-2 dependent. Step 3: Send DS-2019 on to Exchange Visitor: Send the original DS-2019 and attachments to the J-1 exchange visitor in hard copy. Do not send the exchange visitor a scan of the DS-2019; UW is forbidden by law from sending DS-2019s by scan or fax to outside parties. You may email the program number or SEVIS number from the DS-2019 to the exchange visitor to facilitate visa appointment scheduling at a U.S. consulate abroad. Step 4: J-2 Dependent Applies for Visa at Consulate and Enters U.S.: There is no check-in or SEVIS validation requirement for J-2 dependents. 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

  • FAMILY LAW LAWYER | IMMIGRATION | BUSINESS LAW | BUSCHKIN LAW

    Serviamo con orgoglio i nostri clienti nell'area di New York City e New Jersey, nonché molti clienti in tutto il mondo OPERAZIONI IMMOBILIARI ​ ​ DIRITTO RISTORANTE E OSPITALITÀ ​ ​ DIRITTO COMMERCIALE E DEL FRANCHISING FALLIMENTAZIONE E RILIEVO DEL DEBITO ​ ​ DIRITTO DELL'IMMIGRAZIONE E IMMIGRAZIONE AZIENDALE ​ ​ DIRITTO DELLA CURA DEGLI ANZIANI E PIANIFICAZIONE DEL PATRIMONIO Il nostro studio legale si concentra sulle esigenze dei nostri clienti nelle aree di

  • Asylum & Refugee | BUSCHKIN LAW FIRM

    Back Asylum & Refugee Asylum may be granted to individuals already in the United States who are unable or unwilling to return to their home country because of persecution on account of race, religion, nationality, membership in a social group (including sexual orientation), or political opinion. If you are granted asylum, you will be allowed to live and work in the United States. You will be able to apply for permanent residency one year after you are granted asylum. Benefits of Asylum Individuals granted Asylum are protected from being returned to his or her home country and will be authorized to work in the United States. The greatest benefit is that after one year of obtaining approval, you may apply for lawful permanent resident status also known as applying for a green card. Furthermore, after four years have passed after obtaining your green card, you can proceed to apply for U.S. Citizenship Asylum vs Refugee Status While some people use these terms interchangeably it’s necessary to point out that there are in fact distinct differences. First of all, they are both considered protections to foreign individuals who feel their safety is in jeopardy if they return to their home country. Those who are currently outside the United States, they should apply for refugee status Those who are already in the United States either through a visa or illegal methods, should seek asylum status. Both of these options, if approved by the government, would permit an individual to stay in the country indefinitely. Requirements & Eligibility ELIGIBILITY To be eligible for an Asylum Green Card, you must satisfy four conditions: You must have been physically present in the United States for at least one year. You must continue to meet the definition of a refugee. You must not have resettled in any other country, and You must not be deemed inadmissible. PERSECUTION MUST BE CONNECTED TO A PROTECTED GROUND It is important to understand that being a victim of violence in a country considered to be unsafe because of general violent conditions, civil strife, or war will likely not be enough to succeed on an asylum claim. Instead, the persecution suffered or feared to be suffered must be on account of race, religion, nationality, membership in a particular social group, or political opinion. In these cases, evidence should include that the group exists, and that individuals in the group share characteristics that are unchangeable and are recognized as socially distinct in a relevant society. Examples of evidence that helps focus on demonstrating persecution focused on a claimed group may include: In gender-based claims, evidence of social norms that prevent group members with the same gender from severing legal or social ties with a spouse or partner. Evidence of the unwillingness of government institutions or families to protect members of a particular group through the police or court system. Evidence of the unwillingness of the government to provide assistance, including through relocation, of members of a particular group. Evidence of widespread and tolerated violence against certain groups. These types of evidence potentially serve to prove that a group shares unchangeable characteristics that are recognized within the society the group lives within and whose shared characteristics form the basis of the persecution. ​ PERSECUTION DISQUALIFYING FACTORS An Applicant must file the Asylum Application within one year of having arrived in the United States. There are certain exceptions that will allow for filing of the application past the one-year deadline. For most of these delays caused by the applicant, the clock will be stopped until the next interview date except for failing to appear at an interview or failing to appear in person to receive and acknowledge the decision. In the cases where an applicant is required to appear to receive the Asylum application and the applicant fails to appear to receive the decision, the clock will stop until the case is referred to the Immigration Court where it will restart at the first hearing before the Immigration Judge unless the applicant causes another delay. Certain past acts may also disqualify an applicant from Asylum relief. These acts include convictions for particularly serious crimes suck as commission of a serious non-political crime outside the United States, acts that create a reason or reasons to believe that the applicant is a danger to the security of the United States and participation in terrorist activities or persecution of others. Application process FILING FOR PERMANENT RESIDENCE (GREEN CARD) You may apply for a Green Card one year after being granted asylum. To apply for a Green Card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case. In order to be eligible for a Green Card as an asylee, you must meet the following requirements: You properly file Form I-485, Application to Register Permanent Residence or Adjust Status; You are physically present in the United States at the time you file your Form I-485; You have been physically present in the United States for at least one year after you were granted asylum; You continue to meet the definition of a refugee, or to be the spouse or child of a refugee; You have not firmly resettled in any foreign country; Your grant of asylum has not been terminated; You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and You merit the favourable exercise of discretion. Period of Stay and Family Asylum ultimately results in a green card so it does not have an expiration and is granted for an indefinite period. However, a beneficiary of Asylum status can lose status if one of the following circumstances occur: USCIS determines that the Asylum application was based on fraud. The Asylum beneficiary committed an act that violates Immigration Law that subjects the beneficiary to removal from the United States. The Asylum beneficiary no longer meets the definition of a refugee. The Asylum beneficiary has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. The Asylum beneficiary constitutes a danger to the community of the United States, if convicted of a particularly serious crime. The Asylum beneficiary Committed a serious non-political crime outside the United States prior to arriving in the United States. The Asylum beneficiary is a danger to the security of the United States, including terrorist activity. The Asylum beneficiary may be removed, to a country (other than the country of the applicant’s nationality or last habitual residence) in which the applicant’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, where the applicant is eligible to receive asylum or equivalent temporary protection; The Asylum beneficiary Has voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or Asylum beneficiary Has acquired a new nationality and enjoys the protection of the country of his new nationality. A Spouse and children under 21 years of age who are present in the United States can obtain Asylum status with the Applicant’s primary Asylum application. If the spouse and children are outside of the United States, after approval, the Asylum Beneficiary can petition for the family seeking status filing form I-730 within 2 years of obtaining Asylum protection 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

  • Real Estate Aspects of Franchising

    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

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