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  • Estate and Trust admin | BUSCHKIN LAW FIRM

    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

  • Sell or Buy A Business | BUSCHKIN LAW FIRM

    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

  • H1B | BUSCHKIN LAW FIRM

    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

  • EB1-C | BUSCHKIN LAW FIRM

    Back Multinational Manager or Executive The EB-1C Visa targets management and executive level employees seeking permanent residency in the United States, also known as a Green Card. It is an excellent option for business leaders from around the world wishing to relocate with their family to the United States. Eligibility Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. ​ EMPLOYER REQUIREMENTS ​ Must have a qualifying relationship with a foreign company. Must conduct business in the United States and in one other country. The business may be done directly or through a subsidiary. Must exist for at least one year in the United States. ​ EMPLOYEE REQUIREMENTS ​ Must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity. Must provide evidence that he/she is of managerial or executive capacity, for example: Manage a function or a department of the organization Supervise the work of others as well as hire and fire subordinates Be able to control the daily activities and salaries of employees Provide evidence that you have managerial or executive capacity: Be able to direct managers in your organization Make far-reaching decisions without substantial supervision Establish large-scale goals and policies ​ DOCUMENTS REQUIRED ​ Applicant: ​ Evidence of permanent job offers from U.S. employers. Ability to conduct business in an executive or managerial capacity. Resume Diploma Confirmation documentation to verify the transfer Affirmation of applicant’s managerial or executive position. ​ U.S. Employer ​ Business License Incorporation documents Business plan Organization charts Accounting Reports (Audited Balance Sheet, Income Statement, Cast Flow) Description and letterhead of company business Pictures of main office, factories, and buildings (Outside and inside) Bank Statements Organization Structure Proof of business transactions Articles of incorporation Income taxes for the past 3 years Lease of business location Stock certificates Green Card Process STEP 1: YOUR U.S. EMPLOYER MUST FILE USCIS FORM I-140, PETITION FOR ALIEN WORKER ​ As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. STEP 2: OUTSIDE THE U.S. YOU WILL NEED TO GO THROUGH CONSULAR PROCESSING ​ Make an appointment with the U.S. consulate or embassy in your home country and travel there for an interview with a consular officer. You will need to complete the DS-260 online immigrant visa application and bring the printed confirmation page to your interview. If the officer clears you, then you will be able to travel to the U.S. under legal permanent resident status. After a brief background check, the officer at the U.S. port of entry (border, seaport, or airport) will stamp your passport for entry. Your EB-1C green card will be mailed to you shortly. 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

  • 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

  • EB1-A | BUSCHKIN LAW FIRM

    Back Extraordinary Ability Anyone who can demonstrate that they have achieved a certain level of success and recognition in their respective field may qualify for a merit-based visa. You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. This is the highest level of visa classification and USCIS looks very closely to determine that you have received or been nominated for a major industry award or meet at least 3 of the ten “alternate” criteria Requirements & Eligibility Step one is to assess whether you meet the specified number of criteria outlined below. If the answer to that question is yes, USCIS will perform a subjective, qualitative assessment of whether you are “exceptional.” In order to apply for this category, you must meet 3 out of the 10 criteria listed below: Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence Evidence of your membership in associations in the field which demand outstanding achievement of their members Evidence of published material about you in professional or major trade publications or other major media Evidence that you have been asked to judge the work of others, either individually or on a panel Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field Evidence of your authorship of scholarly articles in professional or major trade publications or other major media Evidence that your work has been displayed at artistic exhibitions or showcases Evidence of your performance of a leading or critical role in distinguished organizations Evidence that you command a high salary or other significantly high remuneration in relation to others in the field Evidence of your commercial successes in the performing arts ​ ELIGIBILITY FOR EXTRAORDINARY ABILITY CLASSIFICATION ​ Sustained National or International Acclaim: In determining whether the beneficiary has enjoyed "sustained" national or international acclaim, the officer should consider that such acclaim must be maintained. However, the term sustained does not imply an age limit on the beneficiary. A beneficiary may be very young or early in his or her career and still be able to show sustained acclaim. There is also no definitive time frame on what constitutes sustained. If a person was recognized for a particular achievement, the officer should determine whether the person continues to maintain a comparable level of acclaim in the field of expertise since the person was originally afforded that recognition. A person may, for example, have achieved national or international acclaim in the past but then failed to maintain a comparable level of acclaim thereafter. ​ Continuing to Work in the Area of Expertise: In general, if a beneficiary has clearly achieved recent national or international acclaim as an athlete and has sustained that acclaim in the field of coaching or managing at a national level, officers can consider the totality of the evidence as establishing an overall pattern of sustained acclaim and extraordinary ability such that USCIS can conclude that coaching is within the beneficiary’s area of expertise. Entry to Substantially Benefit the United States: Whether the petitioner demonstrates that the person’s employment meets this requirement requires a fact-dependent assessment of the case. There is no standard rule as to what will substantially benefit the United States. In some cases, a Request for Evidence (RFE) may be appropriate if an officer is not yet satisfied that the petitioner has met this requirement. ​ EVIDENCE OF EXTRAORDINARY ABILITY ​ In general, the petitioner must submit evidence that: The person has sustained national or international acclaim; and The person’s achievements have been recognized in the field of expertise. The evidence provided in support of the petition must ultimately establish that the beneficiary "is one of that small percentage who have risen to the very top of the field of endeavour." ​ Letters of Endorsement ​ The statements made by the witnesses should be corroborated by documentary evidence in the record. The letters should explain in specific terms why the witnesses believe the beneficiary to be of the calibre of a person with extraordinary ability. It is generally expected that one whose accomplishments have garnered sustained national or international acclaim would have received recognition for his or her accomplishments well beyond the circle of his or her personal and professional acquaintances ​ Two-Step Analysis of Evidence ​ Evaluating Petitions Filed on Behalf of O-1 Non-immigrants ​ Eligibility as an O-1 non-immigrant does not automatically establish eligibility for immigrant extraordinary ability classification. Each petition is separate and independent and must be adjudicated on its own merits, under the corresponding statutory and regulatory provisions. Officers issuing denials in such cases should provide a brief discussion as to why, notwithstanding the previous O-1 non-immigrant visa petition approval, the petitioner has failed to meet its burden to establish the beneficiary’s eligibility for approval of the immigrant petition for classification as a person with extraordinary ability. Application process For all of EB1 visas you must file form I-140, Petition for Alien Worker. For visa EB-1(a) you may petition for yourself. The I-140 is filed with USCIS and, depending on whether or not the green card is current, an I-485 form can be filed. This application can also be done while outside of the U.S., a process by which the I-140 is filed with USCIS and the applicant receives the green card through consular processing. Through this process, once I-140 is approved, schedule an appointment with the U.S. consulate or embassy in the home country to have an interview with a consular officer. Here you should bring the printed completion of DS-260 online immigrant application. If eligible,a package will be given. Do not open this packet, this will be given at the port of entry when inspected. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

  • Health Surrogates | BUSCHKIN LAW FIRM

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

  • Probate | BUSCHKIN LAW FIRM

    Back PROBATE & PROBATE AVOIDANCE Protect your loved ones from the hardship of distributing your estate, or get help managing the estate of a loved one. HOW WE CAN HELP: Assist with the probate process to ease the burden on your loved ones Speed up the process for you, ensure that it’s done right the first time, and make sure that your application gets approved Navigate restrictions so that you qualify for all of the assistance you need When you or a loved one passes away, an estate’s transition, called probate, goes into effect. Usually, the family is responsible, alongside a probate attorney, for distributing probate assets. Probate can go smoothly if funds and wills were created and are accessible, but not all people prepare for it. Probate starts with submitting a last will and testament, if there is one, and then moves onto organizing assets and property into a catalog of inventory. Creditor, attorney, and court fees are paid first. Only then is the estate legally transferred to beneficiaries and heirs. We are here to help you plan to avoid probate or represent you in probate court. PROBATE ASSETS VS. NON-PROBATE ASSETS Probate assets include assets for which the deceased person was the sole owner or jointly owned assets which lacked provisions for automatic succession of ownership at death. Non-probate assets include jointly held property for which ownership includes the “right of survivorship.” In this situation, the surviving owner automatically owns the property when the other owner dies. We can help you avoid probate by creating a revocable living trust to plan for the management of your assets in the event of your incapacity or death. Avoiding probate with the help of a qualified attorney is especially important for high-net-worth individuals. Many jointly owned properties and certain types of bank accounts can be set up so that they will automatically be transferred to the person you wish to inherit them at your death. PROBATE AVOIDANCE Probate can be a lengthy process. Beneficiaries must wait until the process of paying back creditors during probate is completed to receive their inheritance. Financial costs are involved in commencing and administering a probate proceeding including filing court fees, the fees of the Personal Representative, and the fees of the attorney administering the estate. When a Will goes through probate, it becomes a public record. In contrast, Trusts can avoid the process of probate and remain private. It is always recommended to avoid ancillary probate for out-of-state real and tangible personal property owned. MAKE IT SIMPLE Legislation has made the probate process as painless as possible, but there are always hiccups along the way. We’ll take the stress out of it by helping when wills are challenged, documents are lost, or creditors get confused. The law can be confusing, especially in times of grief, and people might try to exploit your situation. We make sure that doesn’t happen and provide complete clarity about your affairs. We also make probate faster, so you pay less in court fees. We understand the loss of a loved one is difficult and painful. We never want you to put off your own care for lengthy, contested probate. We’re committed to supporting you and ensuring that the process goes as smoothly as possible. COMMON QUESTIONS HOW CAN I PLAN TO AVOID OR MINIMIZE PROBATE? The best way to ensure that your family won’t be tangled up in a costly and lengthy probate case is to have a fully funded, revocable living trust. Your living trust should be fully funded with your assets. Any assets that are still in your name will have to go through probate, so make sure that all of your assets are titled in your trust. WHAT IF THERE IS NO WILL? If a family member dies without leaving a will and there are significant assets or property that you believe you have a claim to, it would be wise to hire an estate administration attorney to protect your interests. If a person dies without a will and has no living family members closer than a first cousin, relatives who believe they have a claim will have to prove so in a kinship hearing. This is a lengthy process requiring multiple hearings, but with experienced attorneys on your team, you will be spared much of the difficulty. DO I NEED AN ATTORNEY FOR PROBATE? It’s recommended because the process is so formalistic, thorough, and complex, and you don’t want to expose yourself to liability. 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

  • 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

  • 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

  • MEDICAID | BUSCHKIN LAW FIRM

    Back MEDICAID PLANNING 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. HOW WE CAN HELP YOU: Assist in obtaining government benefits to pay for skilled nursing and in-home care Protect your assets for yourself and your family Navigate through the maze of rules and regulations There are many misconceptions about Medicaid qualification and the “spend down” process. With proper planning, you don’t have to lose everything to a nursing home if you, your spouse, or your parent is in need of long-term care. At Buschkin Law Firm, we understand the difficulties our clients and their families are faced with at the time of a crisis, as well as the level of stress associated with it. Our narrow focus on Elder Law and Estate Planning allows us to develop a solution that alleviates the burden on a client and his or her family. By combining Estate Planning with end-of-life advocacy, our goal is to protect the elderly and disabled, the most vulnerable groups among us. Upon getting to know you and your family, your health care needs, your values, and your preferences, we will work together on developing an estate plan that is right for you and your loved ones. As such, we assist senior citizens and their families on matters related to Medicaid and VA qualifications, guardianships, special needs, and disability planning, and more. When a crisis happens, you need an experienced attorney who you can trust to help you navigate through the convoluted world of wills, trusts and estates, and related government regulations. We will be by your side to plan for the future and protect what is truly important to you. COMMON QUESTIONS WHAT IS MEDICAID PLANNING? Most people know Medicaid as the government medical assistance program for people under a certain income level. Where Medicare pays for doctors, hospitals, and prescriptions, it does not cover long-term nursing homes or in-home care for the elderly. Medicaid is a valuable tool that can be used to pay for a nursing home or in-home care if the person’s countable assets are below a certain amount. DO I NEED TO PLAN FOR MEDICAID NOW? Unfortunately, 2 out of 3 senior citizens will need long-term care at some point. Although no one wants to believe that they will need nursing home care, the reality is that many of us will. ​ If you or a loved one is a senior citizen, it is important to visit an estate planning or elder law attorney who can help walk you through the estate planning process. Because Medicaid considers gifts and other transfers you make (including those made to trusts) within five years of the date you apply for Medicaid, it is important to begin Medicaid planning early, before you and your spouse are actually in need of long-term care. 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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