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Back 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 (corporate trustees and professional guardians) who serve in that capacity. HOW WE CAN HELP: Advise trustees on legal aspects of trust administration Ensure that distributions are carried out according to the wishes of the grantor Navigate through the maze of rules and regulations Our level of involvement is different depending on the case: while some clients need only minimal guidance on their duties and legal obligation as personal representatives and trustees, others desire additional engagement from their attorneys. We will accommodate both types of demands for services. TRUST ADMINISTRATION Trust administration refers to the trustees’ management of trust property according to the trust document’s terms and for the benefit of the beneficiaries after the settlor’s death. Many steps are required to safeguard effective administration. It is recommended to work with an attorney to help facilitate the process for the trustees throughout the process. ESTATE ADMINISTRATION Whenever a person dies, his or her estate needs to be collected and managed. Estate administration involves gathering the assets of the estate, paying the decedent's debts, and distributing the remaining assets. Without a basic understanding of the estate administration process, the whole experience can be pretty overwhelming. We advise trustees on legal issues related to trust administration. With our knowledge, we offer our clients the tools they need to make difficult decisions and fulfill their fiduciary obligations to the beneficiaries. Having a properly drafted and funded trust may help you avoid the stressful and complex probate process. But even when the courts are not involved in overseeing the administration of a trust, the trustee nevertheless has many of the same responsibilities as a representative in probate proceedings. The trustee has a duty to appropriately administer the trust, which includes notifying trust beneficiaries, collecting and investing trust assets, paying debts, and addressing tax issues. Fulfilling these requirements often takes significant time, effort, and knowledge of law. At Buschkin Law Firm, we understand that many trustees have little experience serving as a fiduciary. Our goal is to make this process as simple 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

Back Employment-Based This is a green card category where your employer sponsors you for a green card. The employer must first go through the Labor Certification process to show that they could not find a qualified U.S. worker. You may be eligible for this green card if you are a skilled worker, professional, or other worker. “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature. Requirements and eligibility REQUIRED DOCUMENTATION Application process Processing times and Period of Stay These are green cards so as long as you meet the residency requirements and do not violate the terms of the visa you can keep them for life. Regarding processing time, 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 your EB-3 green card will take. PERM Labor Certification process: about 8 months without complications. Form I-140: average of 6 months depending on the caseload. Premium processing shortens your petition’s processing time to 15 calendar days Waiting for your priority date: two months to over a decade depending on country of origin. Form I-485: average of 6 months and cannot be expedited by premium processing. Family of EB - 3 Visa Holders Your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States. 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

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

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 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

Acerca de Back START-UP LAW We'll help you power up your start-up with expert legal advice At Buschkin Law Firm, we excel in assisting with business sales and purchases. Our expertise lies in working closely with your accountant to ensure tax efficiency and minimize liability exposure. We skillfully negotiate the most favorable terms for our clients, while also alerting them to any potential issues. Our commitment to building strong client relationships is a key factor in our ability to contribute to their growth and success. Entity Formation: Law firms can help start-ups select the appropriate legal structure, such as LLC, corporation, or partnership, based on factors like liability protection, tax implications, and ownership structure. Intellectual Property Protection: Start-ups often possess valuable intellectual property (IP) assets, such as patents, trademarks, and copyrights. A law firm can help with the process of registering and protecting these assets to prevent infringement and ensure exclusivity. Contracts and Agreements: Law firms can draft, review, and negotiate various contracts critical to start-ups, including customer agreements, vendor contracts, partnership agreements, employment contracts, and more. These documents help define the terms of business relationships and protect the interests of the start-up. Funding and Investment: For start-ups seeking funding, law firms can assist in preparing investment documents like term sheets and shareholder agreements, ensuring compliance with securities laws and regulations. Regulatory Compliance: Start-ups often operate in regulated industries. Law firms can guide them through the complex landscape of regulatory requirements, helping them stay compliant with laws related to data protection, consumer rights, industry-specific regulations, and more Licensing and Regulatory Approvals: Some start-ups require licenses or approvals to operate legally in certain industries. A law firm can help navigate the application process and ensure compliance. Exit Strategies: As start-ups grow, they may consider exit strategies like mergers, acquisitions, or IPOs. A law firm can provide guidance on the legal aspects of such transactions, ensuring a smooth transition and favorable terms. 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 AREA DEVELOPMENT AGREEMENTS Area Development Agreements provide a special challenge: What are the “criteria” that must be met in order to keep to the development schedule? What happens to existing locations if the remaining schedule is not met? Will they have protected areas and if so, what will they be? If a default occurs with respect to one of your units, will it affect your other (non-defaulting) units or not? Who will be obligated with respect to the Development Agreement and what will the extent of responsibility be? With our help, you can address all these and other issues in your Area Development Agreement. 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 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

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

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

Back DISPUTE RESOLUTION (LITIGATION, ARBITRATION AND MEDIATION) We are committed to working with you, even when negotiations between franchisers and franchisees break down. We believe in mediation, if the parties agree that this is an option for them, then we will do our best at getting their dispute resolved through peaceful means of discussion without any fighting or angering one another along way. When disputes are not resolved, we will arbitrate or litigate on your behalf. 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