Search Results

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

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

About Principal Attorney Samuil Buschkin Samuil Buschkin is a graduate of Syracuse University College of Law, where he earned his Juris Doctor in 2005. He was born in Latvia when it was still the Soviet Republic and immigrated to Germany as a child. In his adopted hometown of Berlin, Germany, he grew up with people from various ethnic and national backgrounds. Later on Samuil studied in Montreux, Switzerland where again he was fortunate to work and study with people from all over the world. Samuil's mindset is truly international. At adult age, Samuil found himself first as a student in college and then as a cultural exchange program participant and later on as an immigrant in the NYC area. While he has still strong connections to his home in Berlin, Germany, he has since adopted New Jersey as his new home. He especially embraces the multitude of cultures and the variety of people in the NYC area and its many immigrant ethnic communities. ​ Samuil earned a degree in hospitality management from Hotel Institute Montreux and New Hampshire College and has experience operating retail businesses, car rentals, hospitality establishments and understands contractual problems, vendor relations, employment relations, franchising, real estate acquisitions and commercial leasing from both a business and legal perspective. ​ Samuil is licensed in NY and NJ and is currently a member of the New York State Bar Association, the American Immigration Lawyers' Association and the New Jersey State Bar association. ​ He believes in the following maxim: Value is measured in results. Back 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 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

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

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

Back SETTING UP A FRANCHISE SYSTEM Our team is dedicated to helping you explore and evaluate whether franchising would be the best means of establishing or expanding your business. We will review trademark issues, as well financial questions with commitments that both state-legal requirements are met while still meeting federal guidelines - all in order for us to provide clarity on what steps need taken next. We are excited to start the process of designing your new franchise program by looking into all aspects in detail. Let our team of experts help you set up a successful and profitable franchise program. We are happy to provide guidance on all aspects, from fees negotiations through development agreements so that your company can thrive long-term. The best structure for your entities is going to be a big part of what we do. We'll work with you and an accountant (or accountants) in determining the right way forward, so that everything falls into place seamlessly when its time start operations. We will draft each of the various agreements (franchise agreement, sublease, equipment lease, etc.) which are necessary to establish a solid foundation for your business. The advice we give is based on the latest industry insights and practical experience. You can trust us to provide you with sound Franchising Law legal counsel that will be tailored for your individual needs, whether it's entering or continuing in this field as well-being able just get started today. 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

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

Back Advanced Degree or Exceptional Ability This is an Employment Based green card category and is available to individuals who are a member of professions holding an advanced degree or those who have exceptional ability. This page deals with an EB-2 through the National Interest Waiver process The employer can petition but the applicant can also self petition. The first step in the process is to assess whether or not you qualify under the advanced degree criteria or Exceptional Ability. The National Interest Waiver category (NIW) requires proof that your work is of “substantial merit” and “national importance” and that you will be coming to the U.S. to continue the type of work you have been doing overseas, ensuring it continues to constitute “substantial merit” and “national importance”. In addition, it must be shown that the applicant's “prospective endeavor” in the U.S. is so important that using the traditional route of filing a labor application would be detrimental to at least a segment of the U.S. population. Requirements and eligibility DOCUMENTATION When you attend an interview at your local U.S. Consulate or Embassy for your immigrant visa, you will be asked to bring with you a number of documents. These may include the following: A passport that is valid for at least six months beyond the intended date of entry into the U.S. The confirmation page of the DS-260 (Immigrant Visa and Alien Registration Application) Two 2×2 photographs that meet U.S. Visa standards Any relevant immigration documents received after your petition was filed A letter from your employer confirming employment Completed Medical Examination and Proof of Vaccination Forms Marriage and birth certificates if you are interviewing with your family who will also come with you to the U.S. All documents submitted should be in their original form. These will be given back to you usually at the end of the interview. Application Process To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. An NIW petition can be filed by an employer or can be a self petition. If the green card category is current for the applicant, the I-485 can also be filed at the same time as the I-140. In addition, the applicant can apply for work authorization and the ability to travel. The following evidence should be submitted with Form I-485: Two passport-style photos Copy of approval notice for Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended) Copy of Form I-797, Approval notice for I-140 Copy of birth certificate or other records of your birth Copies of all passport pages with nonimmigrant visas Evidence of final compliance with the 3 or 5 years service requirement to be submitted no later than 120 days after the completion of the service requirement (Evidence of compliance must be submitted at intervals while the I-485 is pending) Form I-693, Medical Examination and Vaccination Record Photocopy of the Form I-797 Approval Notices for all extensions and changes of status Photocopy of the Form I-20 or IAP 66 school records (front and back, including all school annotations) Applicable fees Form G-28, if you have an attorney representing your case Period of stay / Family 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. Your spouse and children can all join in the green card process. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). 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 Intracompany Transferee The L-1 visa permits a U.S. employer to transfer an employee with specialized knowledge relating to the organization’s interests or a manager/executive from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. There are two types of L-1: L-1A for executives and managers L-1B for employees with specialized knowledge Benefits of an L-1 Visa No Quotas: No annual limits on the number of visas available to certain countries Fast Processing Times: Average processing time is between 3-6 months Premium Processing is also available by paying an additional fee of $2,500 USCIS is required to respond with 15 business days Family: Allowed to take their spouses and dependent children with them with the L-2 visa Work Authorization: Spouses are permitted to apply for work authorization to work for any US employer Tax Advantages: Non-immigrant visa holders are generally not taxed on worldwide income Transition to Green Card: The criteria for L-1A is similar to EB1C category for Multinational Managers or Executives Easier to become permanent residents Also considered a dual intent visa Requirements and eligibility QUALIFICATIONS ​ To receive either type of L-1 visa, both the employer and the employee need to meet the requirements detailed below: ​ ​ Doing business: Defined by the government Means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. Specialized knowledge: In organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or In the organization’s processes and procedures Executive capacity: The employee’s ability to make decisions of wide latitude without much oversight Managerial capacity: Ability of the employee to supervise and control the work of professional employees and to manage the organization Employee’s ability to manage an essential function of the organization at a high level New Offices: Employer has secured sufficient physical premises to house the new office Employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition The intended U.S. office will support an executive or managerial position within one year of the approval of the petition DOCUMENTS REQUIRED Application process Processing times and Period of Stay/Extension of Stay The L-1 category of visas process begins with a petition. In general, preparing an L-1 petition may take 1-2 months on the average depending on the responsiveness of the clients and the availability of required documents. The petition is then filed by USCIS. On the average, it could take USCIS between 3-6 months to decide on a petition, but with premium processing, USCIS could decide in as fast as 15 business days. Family and Transition to Green Card CAN I TAKE MY FAMILY TO THE UNITED STATES? ​ A successful L-1 applicant applying for a visa under L1 visa can take their spouse to the United States, as well as any dependent children under the age of 21. Spouses are eligible to apply for work authorization to work in the United States. They are not restricted to working in the same L-1 business as their spouse. 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