Topics: BUSINESS, ESTATE PLANNINNG (WILLS & TRUSTS), IMMIGRATION, PERSONAL INJURY.
REAL ESTATE: Coming soon. Due to the recent real estate crisis we are rewriting our real estate related FAQ.
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Question 1. Do I need a corporation, LLC, partnership, or LLP?
It depends on your circumstances. The two most important considerations in changing from an informal sole proprietorship or partnership to a corporation, LLC, partnership, or LLP are taxes and personal liability protection. Only a consultation that considers your business and personal situation can determine what course of action you should take.
Question 2. When should I hire a business attorney?
* When you're organizing a new business or changing from one business form to another.
* Hiring your first employee or employees.
* Offering stocks, options, warrants or convertible notes.
* Planning to create and develop new products and services.
* Launching new products and services to your customers or clients.
* Entering into third party prepared contracts.
* Seeking to resolve internal disputes
* Acquiring or selling a business
* Seeking to continue the business upon the departure of a key person
* Dissolving a business
Question 3. I'm in a dispute. Should I sue?
Sometimes. Most of time, however, you have the option of an Alternative Dispute Resolution, or ADR, which is usually faster, cheaper, and less emotionally draining. Mediation and arbitration offer new ways to settle disputes. At AIPG we believe that suing is the last resort, not the first. usually it is the cheapest course as well.
Question 4. Do I need a DBA or register my business name somewhere?
It depends. A sole proprietor needs to do so at the local county office. Other forms of business require registration with the Secretary of State of California.
Estates: Wills, Trusts, Probate
1. What is Estate Planning?
Estate planning is a process. It involves people - your family, other individuals and in many cases charitable organizations of your choice. It also involves your assets and all the various forms of ownership and title that those assets may take.
As you plan your estate, you will consider:
How your assets will be managed for your benefit if you are unable to do so
When certain assets will be transferred to others, either during your lifetime, at your death, or sometime after your death To whom those assets will pass
Estate planning also addresses your welfare and needs, planning for your own personal and health care if you are no longer able to care for yourself. Like many people, you may at first think that estate planning is simply the writing of a will. But it encompasses much more. As you will see, estate planning may involve financial, tax, medical and business planning. A will is one part of that planning process, but other documents are needed to fully address your estate planning needs. The purpose of this pamphlet is to summarize the estate planning process and how it can address and meet your goals and objectives. As you consider it further, you will realize that estate planning is a dynamic process. Just as people and assets and laws change, it may well be necessary to adjust your estate plan every so often to reflect those changes.
2. What is Involved in Estate Planning?
In starting to consider your estate plan, you should ask yourself the following questions:
What are my assets and what is their approximate value?
Whom do I want to receive those assets - and when?
Who should manage those assets if I cannot, either during my lifetime or after my death?
Who should have the responsibility for the care of my minor children if I become incapacitated or die?
If I cannot take care of myself, who should make decisions on my behalf concerning my care and welfare?
With tentative answers to these questions, you are ready to seek the advice and services of a qualified lawyer who will discuss with you the various documents which can comprise your estate plan and will provide advice concerning such issues as title to assets, taxes, and the prudent management of your estate.
3. Who Needs Estate Planning?
Whatever the size of your estate, you should designate the person who, in the event of your incapacity, will have the responsibility for the management of your assets and your care, including the authority to make health care decisions on your behalf. How that is accomplished is discussed below in this pamphlet.
If your estate is small in value, you may focus simply upon who is to receive your assets after your death and who should be in charge of its management and distribution. If your estate is larger, your lawyer will discuss with you not only who is to receive your assets and when, but also various ways to preserve your assets for your beneficiaries and to reduce or postpone the amount of estate tax which otherwise might be payable on your death. If one does no planning, then California law provides for the court appointment of persons to take responsibility for your personal care and assets. California also provides for the distribution of assets in your name to your heirs pursuant to a set of rules to be followed if you die without a will; this is known as "intestate succession." Contrary to popular myth, if you die without a will, everything does not automatically go to the state. Your relatives, no matter how remote, and in some cases the relatives of your spouse, will have priority in inheritance ahead of the state. Nonetheless, they may not be the people you would want to inherit from you; therefore, a will is the preferable approach.
4. What Is Included in my Estate?
Your estate consists of all property or interests in property which you own. The simplest examples are those assets which are in your name alone, such as a bank account, real estate, stocks and bonds, and furniture, furnishings and jewelry. You may also hold property in many forms of title other than in your name alone. Joint tenancy is a common form of ownership which takes assets away from control by will or living trust. Beneficiary designations on securities accounts and bank accounts are alternatives which must be carefully considered as well. Finally, assets which have beneficiary designations, such as life insurance, IRAs, qualified retirement plans and some annuities are very important parts of your estate which require careful coordination with your other assets in developing your estate plan.
The value of your estate is equal to the "fair market value" of each asset that you own, minus your debts including a mortgage on your home or a loan on your car. The value of your estate is important in determining whether, and to what extent, your estate will be subject to estate taxes upon your death. Planning for the resources needed to meet that obligation at your death is another important part of the estate planning process.
5. What Is a Will?
A will is a traditional legal document which is effective only at your death to Name individuals (or charitable organizations) to receive your assets upon your death (either by outright gift or in trust)
Nominate an executor, appointed and supervised by the probate court, to manage your estate, pay debts and expenses, pay taxes, and distribute your estate in an accountable manner and in accordance with your will Nominate the guardians of the person and estate of your minor children, to care and provide for your minor children Assets or interests in property in your name alone at your death will be subject to your will and subject to the administration of the probate court, generally in the county where you reside at your death.
The State Bar has published a pamphlet entitled "Do I Need a Will?" which provides more detailed information about wills. For information on how to order a complimentary copy, call 415-538-2280. Or visit the State Bar's Web site - www.calbar.ca.gov - where you'll find the State Bar's consumer education pamphlets, as well as information on ordering them.
For some people a California Statutory Will may be appropriate. This is a "fill in the blank" form which can be used by any California resident competent to make a will. In any event, you must execute your will in the manner required by California law. Failure to do so may invalidate your entire will. You should discuss the requirements of properly executing your will with a qualified lawyer.
6. What Is a Revocable Living Trust?
A revocable living trust is also commonly referred to as a revocable inter vivos trust, a grantor trust or, simply, a living trust. A living trust may be amended or revoked by the person creating it (commonly known as a "trustor," "grantor," or "settlor") at any time during the trustor's lifetime, as long as the trustor is competent.
A trust is a written agreement between the individual creating the trust and the person or institution named to manage the assets held in the trust (the "trustee.") In many cases, it is appropriate for you to be the initial trustee of your living trust, until management assistance is anticipated or required, at which point your trust should designate an individual or bank or trust company to act in your place. The terms of the trust become irrevocable upon the trustor's death. Because the trust contains provisions which provide for the distribution of your assets on and after your death, the trust acts as a substitute for your will, and eliminates the need for the probate of your will with respect to those assets which were held in your living
trust at your death.
You should execute a will even if you have a living trust. That will is usually a "pour over" will which provides for the transfer of any assets held in your name at your death to the trustee of your living trust, so that those assets may be distributed in accordance with your wishes as set forth in your living trust.
The State Bar has published a pamphlet entitled "Do I Need a Living Trust?" which provides more detailed information about wills. For information on how to order a complimentary copy, call 415-538-2280. Or visit the State Bar's Web site - www.calbar.ca.gov - where you'll find the State Bar's consumer education pamphlets, as well as information on ordering them. You should consult with a qualified estate planning lawyer to assist you in the preparation of a living trust, will and other estate planning documents. Further, inasmuch as living trusts are not automatically subject to probate court jurisdiction, the choice of a trustee to manage and control your property is an extremely important decision.
7. What Is Probate?
Probate is the court-supervised process developed under California law which has as its goal the transfer of your assets at your death to the beneficiaries set forth in your will, and in the manner prescribed by your will. It also provides for the relatively quick determination of valid claims of any creditors who have claims against your assets at your death. At the beginning of a probate administration, a petition is filed with the court, usually by the person or institution named in your will as executor. After notice is given, and a hearing is held, your will is admitted to probate and an executor is appointed. If you die "intestate" (that is, without a will), your estate is still subject to probate court administration and the person appointed by the court to handle your estate is known as the "administrator."
If the assets in your name alone at your death do not include an interest in real estate and have a total value of less than $100,000, then generally the beneficiaries under your will may follow a statutory procedure to effect the transfer of those assets pursuant to your will, subject to your debts and expenses, without a formal court-supervised probate administration.
A probate has advantages and disadvantages. The probate court is accustomed to resolving disputes about the distribution of your assets in a relatively expeditious fashion and in accordance with defined rules. In addition, you are assured that the actions and accountings of your executor will be reviewed and approved by the probate court.
Disadvantages of a probate include its public nature; your estate plan and the value of your assets become a public record. Also, because lawyer's fees and executor's commissions are based upon a statutory fee schedule, the expenses may be greater than the expenses incurred by a comparable estate managed and distributed under a living trust. Time can also be a factor; often distributions can be made pursuant to a living trust more quickly than in a probate proceeding.
The advantages and disadvantages of a probate proceeding should be discussed thoroughly with your estate planning lawyer.
8. To Whom Should I Leave My Assets?
Once you have determined who should receive your assets at your death, your estate planning lawyer can help you clarify and appropriately identify your beneficiaries. For instance, it is most important to clearly identify by correct name any charitable organizations you wish to provide for; many have similar names and in some families, individuals have similar or even identical names.
It is also important for you to consider alternative distributions of assets in the event that your primary beneficiary does not survive you.
As for beneficiaries who by reason of age or other infirmity may not be able to handle assets distributed to them outright, trusts for their benefit may be created under your will or living trust.
9. Whom Should I Name as My Executor or Trustee?
After your death, the executor of your will and the trustee of your living trust serve almost identical functions. Both are responsible for ensuring that your wishes, as set forth in your will or living trust, are implemented. Although your executor is generally subject to direct court supervision, both the executor and the trustee have similar fiduciary responsibilities. The rustee of your living trust may assume responsibilities under that document while you are iving. While you may act as the initial trustee of your living trust, if you become incapable of
functioning as a trustee, the designated successor trustee will then step in to manage your ssets for your benefit. An executor or trustee may be a spouse, adult children, other relatives, amily friends, business associates or a professional fiduciary such as a bank. You should iscuss your choice with your estate planning lawyer. There are a number of issues to onsider. For example, will the appointment of one of your adult children cause undue stress in his or her relations with siblings? What conflicts of interest are created if a business
associate or partner is named as your executor or trustee? Will the person named as executor or successor trustee have the time, organizational ability, and experience to do the
job effectively?
10. How Should I Provide for My Minor Children?
A minor child is a child under 18 years of age. If both parents are deceased, a minor child is not legally qualified under California law to care for himself or herself. In your will, therefore, you should nominate a guardian of the person of your minor children to supervise that child and be responsible for his or her care until the child is 18 years old.
Such a nomination can avoid a "tug of war" between well-meaning family members and others if a guardian is required.
A minor is also not legally qualified to manage his or her own property. Assets transferred outright to a minor must be held for the minor's benefit by a guardian of the child's estate, until the child attains 18 years of age. You should nominate such a guardian in your will as well. In providing for minor children in your estate plan, you should consider the use of a trust for the child's benefit, to be held, administered and distributed for the child's benefit until the child is at least 18 years old or of some other age as you may decide. You may also consider a custodian account under the California Uniform Transfers to Minors Act as an alternative in making specific gifts to minors.
11. When Does Estate Planning Involve Tax Planning?
Estate taxes are imposed upon an estate which has a net value - in 2002 and 2003- of $1 million or more. Under curent law, that amount will increase to $1.5 million in 2004 and 2005, and to $2 million in 2006 through 2008. For estates which approach or exceed this value, significant estate taxes can be saved by proper estate planning, usually before death and, in the case of married couples, before the death of the first spouse. Estate planning for taxation
purposes must take into account not ony estate taxes, but also income, gift, property and generation-skipping taxes as well. Qualified legal advice about taxes should be obtained during the estate planning process.
12. How Does the Way in Which I Hold Title Make a Difference?
The nature of your assets and how you hold title to those assets is a critical factor in the estate planning process. Before you change title to an asset, you should understand the tax and other consequences of any proposed changed. Your estate planning lawyer will be able to advise you.
Community property and separate property
If you are married, assets earned by either you or your spouse while married and while a resident of California are community property. On the other hand, a married individual may own separate property as a result of assets owned prior to marriage or received by gift or inheritance during marriage. There are significant tax considerations which need to be addressed in the estate planning process with respect to both community property and separate property. There are also significant property interests to consider. )
Separate property can be "transmuted" (that is, changed) to community property by a written agreement signed by both spouses and drafted in conformity with California law.
It is important to seek competent legal advice when determining what character your property is and how the property should be titled.
Joint Tenancy Property
Regardless of its source, if a property is held in joint tenancy, it will pass to the surviving joint tenant by operation of law upon the death of the first joint tenant. On the other hand, property held as community property or as tenants in common, will be subject to the will of a deceased owner.
Community property with right to survivorship
Married couples may hold title to their community property in their names as "community property with right of survivorship." Property held in that manner at the death of the first spouse is not affected by that spouse's will, but passes instead to the surviving spouse.
13. What Are Other Methods of Leaving Property?
A number of assets are transferred at death by beneficiary designation, such as
Life insurance proceeds
Qualified or non-qualified retirement plans, including 401 (k) plans and IRAs
Certain "trustee" bank accounts
"Transfer on death" (or "TOD") securities accounts
"Pay on death" (or "POD, assets, a common title on U.S. savings bonds
These beneficiary designations must be carefully coordinated with your overall estate plan.
Your will does not govern the distribution of these assets.
14. What If I Become Unable to Care for Myself?
If you do not make any arrangements in advance, a court-supervised conservatorship proceeding may be required if you become incapacitated.
Conservatorships are proceedings which allow the court to appoint the person responsible for your care and for the management of your estate if you are unable to do so yourself.
You should, therefore, select the person or persons you wish to care for you and your estate in the event that you become incapable of managing your assets or providing for your own care.
With respect to the management of your assets, the trustee of your living trust will provide the necessary management of those assets held in trust. However, to deal with assets which may not have been transferred to your living trust prior to your incapacity or which you may receive after incapacity, a durable power of attorney for property management should be considered. In such a power, you appoint another individual (the "attorney-in-fact") to make
property management decisions on your behalf. The attorney-in-fact manages your assets and functions much as a conservator of your estate would function, but without court supervision. The authority of the attorney-in-fact to manage your assets ceases at your death.
An advanced health care directive/durable power of attorney for health care allows your attorney-in-fact to make health care decisions for you when you can no longer make them yourself. It may also contain statements of wishes concerning such matters as life sustaining treatment and other health care issues and instructions concerning organ donations, disposition of remains, and your funeral.
15. Who Should Help Me With My Estate Planning Documents?
Can I Do It Myself?
It is possible for a person to do his or her own estate planning with forms or books obtained at a stationery or book store or from the State Bar. At the least, a review of such forms can be helpful in preparing you for doing estate planning. If you do review such materials and have any unanswered questions, however, you should seek professional help.
Do I Need a Professional To Help?
If you do seek advice, wills and trusts are legal documents which should be prepared only by a qualified lawyer. However, many other professionals and business representatives may become involved in the estate planning process. For example, certified public accountants, life insurance salespersons, bank trust officers, financial planners, personnel managers and pension consultants often participate in the estate planning process. Within their areas of expertise, these professionals can assist you in planning your estate.
The State Bar urges you to seek advice only from professionals who are qualified to give estate planning advice. Many professionals must be licensed by the State of California. Before retaining any professional to assist you with your estate plan, you should inquire about that individual's qualifications. In addition, you should determine whether the professional advisor has any underlying financial incentive to sell you a particular investment, such as an annuity or life insurance policy, because that financial incentive may color the advice given to you. Unfortunately, some sellers of dubious financial products gain the confidence and private financial information of their victims by posing as providers of estate or trust planning services.
16. How Do I Find a Qualified Lawyer?
Some lawyers who work in the estate planning area are "certified specialists in estate planning, trust and probate law." This designation means that they have met standards for certification set by the State Bar of California. However, not all lawyers who have experience and expertise in estate planning have sought that certification.
If you do not already know a lawyer who is qualified to help with your estate plan, obtain referrals from someone whose judgment you can trust -- friends, associates, or your employer. Your local bar association maintains a list of State Bar certified lawyer referral services in your area. For an oline list of certified lawyer referral services, visit the State Bar's Web site at www.calbar.ca. gov. You should be wary of organizations or offices who are staffed by non-lawyer personnel and who promote "one size fits all" living trusts or living trust
kits. An estate plan created by someone who is not a qualified lawyer can have enormous and costly consequences for your estate and may not achieve your goals and objectives. Do not allow yourself to be pressured into immediately purchasing any estate planning product. When you retain a lawyer, you should understand what services are to be provided and how much they will cost. California law requires that a lawyer explain, in writing, the nature of the
services to be rendered, the cost of those services and the payment terms. You should indicate your understanding of the terms and conditions of the lawyer's employment with a fee agreement prepared by your lawyer.
For more information, see the State Bar pamphlet "How Can I Find and Hire the Right Lawyer? To find out how to obtain a complimentary copy of this pamphlet and other State Bar cnsumer education pamphlets, call 415-538-2280. Or visit the State Bar's Web site - www.calbar.ca.gov - where you'll find the consumer education pamphlets, as well as information on ordering them. The pamphlets also can be ordered in bulk.
17. Should I Beware of Someone Who Is a "Promoter" of Financial and Estate Planning
Services?
There are many who call themselves "trust specialists," "certified planners" or other titles which are intended to suggest that the person has received advanced training in estate planning. California is experiencing an explosion of promotions by unqualified individuals and entities which have only one real goal -- to gain access to your finances in order to sell insurance-based products such as annuities and other commission-based products.
Here are some helpful hints and suggestions:
Before considering a living trust or any other estate or financial planning document or service, consult with a lawyer or other financial advisor who is knowledgeable in estate planning, and who is not trying to sell a product which may be unnecessary Always ask for time to consider and reflect on your decision. Do not allow yourself to be pressured into purchasing an estate or financial planning product Know your cancellation rights. California law requires that sellers who come to your home to sell goods and services (not including insurance and annuities) that cost more than $25 must give you two copies of a notice of cancellation form to cancel your agreement. You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after
the date of this transaction Be wary of home solicitors who insist on receiving confidential and detailed information about your assets and finances.
Find out if any complaints have been filed against the company by calling local and state consumer protection offices or the Better Business Bureau.
Know whom you are talking to and insist on identification of the person and a description of his or her qualifications, education, training and expertise in the field of estate planning Always ask for a copy of any document you sign at the time it is signed. Report high-pressure tactics, misrepresentations or fraud to the police immediately.
18. What Are the Costs Involved In Estate Planning?
The costs of estate planning depend on your individual circumstances and the complexity of documentation and planning required to achieve your goals and objectives. Costs may vary from lawyer to lawyer. The costs generally will include the lawyer's charges for discussing your estate plan with you and for preparing your will, trust agreement or other legal documents which you may need.
Immigration
Question 1. How does an individual obtain a temporary visa to enter the United States?
One can enter the U.S. temporarily for a variety of reasons, including as a visitor or tourist, business person, student, or temporary employee. These temporary visas are known as nonimmigrant visas and are issued at U.S. embassies and consulates located in most countries. For many of the employment categories, the employer must obtain an approved petition from the USCIS. The visa officer at the issuing embassy or consulate must be convinced that the visa applicant will comply with the terms of the stay. For many categories, the visa officer must be convinced that the applicant will leave the U.S. after the end of the authorized stay. The burden is on the applicant to demonstrate through strong
personal, professional, or other evidence that his/her intent is to depart the U.S. within the prescribed timeframe. Visas may be valid for one or more entries into the U.S. and, accordingly, are referred to as single-entry or multiple-entry.
A visa, however, does not automatically guarantee entry to the U.S. The immigration officer at the U.S. port of entry makes that final determination.
Question 2. What are the different categories for temporary work visas?
Specialty Occupations (H1B)
A limited number, as determined by Congress, of H1Bs are issued each year. H1Bs are usually issued in three-year increments, with a standard maximum duration of six years. There are provisions to allow for extensions beyond the six years based on one's being the beneficiary of a green card case that meets certain qualifications. A few examples of positions considered specialty occupations in this category are: accountants, computer programmers, dietitians, graphic designers, industrial designers, journalists, researchers, scientists, teachers, and physicians Requirements include a job offer from a U.S. employer, with the prospective employee possessing the minimum of a bachelor’s degree or its equivalent and the employer paying a salary commensurate with the prevailing wage rate for persons in that occupation and geographic location.
Exchange Visitors (J-1)
A wide variety of organizations and educational institutions may qualify to sponsor persons as exchange visitors on the J-1 visa. There are many different types of J-1 programs. These include: students, professors and research scholars, physicians, teachers, trainees, au pairs, and summer student workers. Persons with skills listed on the Exchange Visitors' Skills list, and those participating in government-funded programs or graduate medical training must comply with a two-year, home-residency requirement before they are eligible to apply for H1B, L-1, or Permanent Resident status.
Treaty Traders (E-1) and Treaty Investors (E-2)
Owners and key employees of businesses that conduct a substantial volume of trade between the U.S. and the home country are treaty traders (E-1); and where a substantial amount of capital has been invested in the U.S. and jobs have been created for U.S. workers are referred to as treaty investors (E-
2). To qualify, the home country must have a treaty with the U.S. Some treaties enable only E-1s, or only E-2s, while others provide for both categories.
Note that the list of treaty countries changes often as new treaties are continually signed and ratified. Find the most recent list on the U.S. Department of State WebSite.
Intracompany Transferees (L-1)
The L-1 visa is for an intra-company transferee. That is a person who worked for a company abroad in an executive managerial, or "specialized-knowledge," capacity (USCIS has specific definitions for each of these terms) for at least one continuous year within the three years prior to coming to the U.S. to work
for a related (parent, subsidiary, affiliate, or branch) company in one of those three types of positions. The maximum stay is seven years for managers and executives and five years for specialized-knowledge employees.
Other temporary visas are also available for persons of extraordinary ability in the arts, sciences, education, business, or athletics (O-1/2); athletes and entertainers (P); religious workers (R-1); and family members of the aforementioned categories.
Question 3. Who is entitled to an H1B status and for how long?
In order to qualify for H1B status, one must have a job offer from a U.S. employer offering a salary commensurate with the prevailing wage rate for persons in that occupation and geographic location. One must also possess the minimum of a university baccalaureate degree (which should be considered equivalent to a degree from an accredited college or university in the U.S.), or equivalent in the specialty occupation.
There is a limited number of H1Bs that can be issued each fiscal year (Oct 1-Sep 30), usually in three-year increments, with a maximum duration of six years. This period can be extended in unlimited one-year extensions if the H-1 beneficiary is also the beneficiary of a labor certification or I-140 employer petition filed a year earlier. There are also provisions for additional three-year extensions based upon the progress of an employment-based green card case filed for the H-1 worker. A few examples of positions considered professional in this category are: accountants, computer programmers, dietitians, graphic designers, journalists, researchers, and scientists.
Question 4. What does the Labor Certification process for green cards entail?
This process is for persons immigrating under the following Employment-Based categories:
Second Preference Members of the professions holding advanced degrees who do not meet the national interest waiver criteria
Third Preference Professional workers (those with baccalaureate degrees) or skilled workers (those capable of performing work requiring at least two years experience or training), in positions for which qualified workers are not available in the U.S.; other workers (unskilled labor), not of a temporary or seasonal nature, in positions for which qualified workers are not available in the U.S.
In the employment-based preference categories, the law requires that employers obtain labor certification from the U.S. Department of Labor. The job must be offered at or above the prevailing wage. The employer must obtain the prevailing wage from the State Workforce Agency (SWA). To obtain this certification, the employer must attempt to recruit U.S. workers. The employer must be able to demonstrate that there are no qualified, available, willing U.S. workers. Such certification is valid only when, at the time of filing the application, the employer provides notice of filing to:
the bargaining representative of the employees in the occupational classification and area for which the aliens are sought,
OR
in the absence of such a representative, to those already employed at the facility through posting in conspicuous locations.
Any person has the right to submit to the Department of Labor documentary evidence bearing on or challenging the statements made in the application for labor certification on file with the Department of Labor. This evidence may take the form of information on available workers, wages and working conditions, and any information on the employer's failure to meet the terms and conditions pertaining to the employment of alien workers.
Question 5. What are the qualifications for employment-based priority workers for green cards?
The First Preference Category (EB1) or priority workers includes:
a. Persons of Extraordinary Ability in the sciences, arts, education, business, or athletics have resulted in sustained national or international acclaim that should be demonstrated through extensive documentation. Such individuals should continue to work in the same field and admission as permanent residents should substantially benefit the U.S.
b. Outstanding Professors and Researchers must be internationally recognized in particular academic areas and possess at least 3 years of academic research or teaching experience. They must have tenured or tenure-track positions at universities or institutes of higher education, or in comparable research positions in institutions that employ at least three full-time researchers. Such institutions
must also demonstrate documented accomplishments in the field.
c. Multinational Executives or Managers require individuals to be employed abroad in the same capacity during at least one of the three years preceding their applications for admission to the U.S. as priority workers. Such individuals must enter the U.S. to be employed as executives or managers for the same
firm, corporation, or legal entity, or for a subsidiary or affiliate of the entity that employed them abroad.
Question 6. Can an individual obtain permanent residence through marriage to a U.S. citizen?
If the U.S. citizen & spouse reside in the U.S., a relative petition and green card application to the USCIS Chicago LockBox having jurisdiction is the first step. The papers filed can include applications for employment authorization and a travel permit. The USCIS issues the employment authorization and temporary travel permit early in the process. The couple will be scheduled for an interview, which may take place about a year after filing the application, depending upon the USCIS office having jurisdiction over their place of residence.
The USCIS will examine identification, wedding photographs, and documents (such as tax returns and insurance documents) and interview the couple to establish the legitimacy of the marriage. If unconvinced, they may conduct separate interviews and investigate at the couple's places of work and
residence. An affidavit of support from the petitioning spouse is also necessary.
If the foreign national spouse resides abroad, the U.S. citizen spouse would generally file the relative petition with the USCIS office having jurisdiction over their residence. Once approved, the case will move to the National Visa Center (NVC) and, then, to the U.S. Consulate where the foreign national spouse resides. The consulate will require proof of the genuine nature of the marriage, the affidavit of support as well as background information and documentation on the applicant / spouse in this situation may also wish to consider the K-3 visa.
If the U.S. citizen resides abroad, the immigration paperwork is generally processed at the appropriate U.S. consulate. At some locations, it is possible to file all the paperwork directly at the consulate. In other cases it is necessary to first submit a form to the USCIS. After that form is approved, the remaining processing, including the interview, takes place at the consulate. The procedure is similar but the waiting time may be less. The affidavit of support is also needed. There can be issues with this when the U.S. spouse has been living abroad.
A conditional green card, with an expiration that will take effect in two years, is granted if the marriage is less than two years old when permanent residency is granted. The couple will be required to submit a joint petition to remove the two-year condition within the 90-day period immediately preceding the green
card expiration. If the marriage has been terminated due to death or divorce, or if the immigrant spouse is a victim of spousal abuse, the immigrant spouse may apply to the USCIS for a waiver of the joint petition requirement.
Question 7. Can an individual become a permanent resident through relatives?
There are five categories under which an individual can obtain permanent residency through relatives. They are:
a. Immediate Relative spouses, parents, and children (under 21) of U.S. citizens (no quota or limit)
b. First Preference unmarried sons and daughters of U.S. citizens (23,400 per year, plus unused visas from the Fourth Preference)
c. Second Preference (1) spouses and minor, unmarried children of U.S. permanent residents (114,000 per year, plus excess over 226,000 the floor for family-based immigration, plus unused visas from the First Preference) (2) unmarried sons and daughters (21 years and older) of U.S. permanent
residents (23% of overall Second Preference limit).
d. Third Preference married sons and daughters of U.S. citizens (23,400 per year, plus unused visas from the First and Second Preferences)
e. Fourth Preference brothers and sisters of U.S. citizens (65,000 per year, plus unused visas from the First, Second, and Third Preferences)
Family-sponsored immigration has an overall quota of 480,000 visas per year, less immediate relatives (parents, spouses, and minor children of U.S. citizens) who are exempt from numerical limitations, plus unused employment-based preferences.
Question 8. Can an individual become a citizen of the U.S.?
There are three ways to become a U.S. citizen.
a. By birth in the U.S. Under the 14th Amendment of the U.S. Constitution all persons born ... in the United States ... are citizens regardless of the status of their parents, who may be citizens, green card holders, or illegal aliens.
b. By acquisition at birth A child born outside the U.S. where one or both parents are U.S. citizens may acquire U.S. citizenship at birth.
c. By derivation through naturalization of parents A child born outside the U.S. may become a citizen by virtue of the parents’ naturalization. Children under 18 years residing in the U.S. as permanent residents become U.S. citizens upon the naturalization of their parent/s with whom they reside.
d. By naturalization application Individuals who satisfy the following criteria:
Must obtain permanent residence before applying for naturalization unless the person served in the U.S. armed forces during a period of hostilities.
Must be 18 years or older.
Must be a permanent resident for five years. However, if a person is married to an U.S. citizen, the individual may be eligible for naturalization in three years if (a) the couple has been married for three years, (b) if the spouse was a citizen during that entire period, and (c) if the couple are living in marital union.
Must have resided for three months in the state where the petition was filed.
Must be physically present in the U.S. for at least one half of the five years (or one half of three if spouse is a citizen).
Must have resided continuously within the U.S. from the date the application was filed to the time of admission to citizenship.
Must not have been absent from the U.S. for a continuous period of more than one year during the periods for which continuous residence is required. Exceptions are: military service abroad and employees posted abroad who have approval to preserve residency.
Must be a person of good moral character for the five- (or three-) year period. (i.e. no convictions reflecting on moral character, compliance with tax laws and support of spouse / children etc.)
Loyalty to the U.S. as opposed to home country.
English - An elementary level of understanding, reading, writing. Exceptions are persons over fifty, residing in the U.S. for 20 years as permanent residents; persons over 55, living in the U.S. for 15 years as permanent residents. Certain disability exemptions may apply in appropriate cases.
A knowledge of the fundamentals of U.S. government and history. Again, disability exemptions may be available in certain cases.
Personal Injury
Question 1. When You Need a Lawyer to Handle Your Personal Injury Claim
Sometimes, the skills of an experienced personal injury lawyer -- or at least
the threat to an insurance company that such a lawyer may present -- are
worth the money you must pay that lawyer to represent you. You may need a
lawyer because of complex legal rules involved in your particular claim, or
because the severity of your injuries might cause your compensation to vary
greatly from the norm -- or simply because an insurance company refuses to
settle a matter in good faith. The following types of injuries and accidents
almost certainly require a lawyer's help.
Long-Term or Permanently Disabling Injuries
Some accidents result in injuries that significantly affect your physical capabilities or appearance for a long time -- over a year -- or even permanently. Figuring out how much such a serious injury is worth can be a difficult business. You'll probably require some assistance from an experienced lawyer to get the most out of your claim.
Severe Injuries
The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.
Medical Malpractice
If you have suffered an injury or illness due to careless, unprofessional, or
incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases.
Toxic Exposure
In the increasingly chemical world, we sometimes become ill because of
exposure to contaminants in the air, soil, or water, in products, or in food.
Claims based on such exposure are difficult to prove, however, and often
require complex scientific data. And because the chemical and other
industries have erected a huge wall to protect themselves from legal
exposure while they continue to expose us to potentially harmful chemicals,
the required evidence is very hard to come by. Get expert help.
When an Insurance Company Refuses to Pay
In some instances, regardless of the nature of your injury or the amount of
your medical bills and lost income, you will want to hire a lawyer because an
insurance company or government agency simply refuses to make any fair
settlement offer at all. In these cases, something -- what the lawyer can get
minus the fee charged to get it -- is better than nothing.
2. How Much Does it Cost to Hire an Attorney?
Your initial consultation with this law firm is complementary. If you do hire this
law firm to represent you, the attorney fees are based upon a percentage of
the injury settlement only (not the property damage settlement), and it is not
paid until your case is settled. All out of pocket costs in your case are
advanced by this law firm. Our firm receives reimbursement for the advanced
out of pocket costs at the conclusion of the case. Therefore, you do not pay
any money until your case is resolved.
3. Can I Trust the Insurance Companies?
Insurance companies have a duty to their stockholders to resolve claims for
the least amount of money possible. Each company has an enormous
number of claims open at all times. The longer the insurance company can
hold onto its money, the more interest it can earn on its money. This creates
an incentive to delay paying out on claims. If you are dealing with the negligent
party’s insurance company, that company does not have a duty to act in “good
faith” with you. If you are dealing with your own insurance company, it is
supposed to act in “good faith” with you (although many people believe
otherwise). In either case, due to downsizing of insurance companies and
other reasons, claims adjusters have a significant number of claims
assigned to them each month. It is simply impractical, in most instances, for
them to be motivated to process your claim in a timely manner.
4. How Do I Get My Vehicle Repaired?
If you have collision insurance, you can resolve the property damage with your
own insurance company. However, you will have to pay your collision
deductible up front, and you should receive your deductible back several
months later if the responsible party had insurance. If you do not have
collision insurance or if you cannot afford to pay your deductible, you will have
to deal with the responsible party’s insurance company to repair or total out
your vehicle.
5. Can I Get a Rental Car?
If you have rental car coverage on your insurance policy, your insurance
company will pay for your rental vehicle up to the daily amount of coverage on
your policy. If you do not have rental car coverage, you will have to receive
approval from the responsible party’s insurance company to get a rental car,
or pay for it yourself until the responsible party’s insurance company
reimburses you.
6. How Do I Pay for My Medical Bills?
It is up to you to pay for your medical bills until you are ready to settle your
injury claim. Therefore, you must look to either your health insurance company
or your automobile medical payments coverage (if you have either or both) for
payment of your medical bills until your case resolves. The insurance
company will not pay or reimburse you any money for your medical bills until
you are ready to settle your case, regardless what the claims adjuster may tell
you up front. It is important that your medical bills do not go into collections
while your case is pending so that the unfortunate incident does not affect
your credit report. It is also important that the health care providers that you
receive medical attention from know who to bill for their services, and that your
bills are processed timely and appropriately because most health insurance
companies require medical bills to be submitted within 60 days from the date
of service or else they will deny payment.
7. What do I do if I do not have Medical Insurance?
You should consult with an attorney immediately to discuss the various options you may have and how you can still receive the medical care you need.
8. Should I Sign a Medical Release or Give a Tape Recorded Statement to
the Insurance Company?
No. Not until you consult with an attorney about your legal rights. Any
information obtained through a tape recorded statement can and will be used
against you at a later time. Any medical records of yours obtained through a
medical release by an insurance company will certainly be used against you
at the time you attempt to settle your case.
9. Can I Receive Compensation for My Loss of Earnings or Wage Loss?
Yes. It is important that if you miss time from work, that you have a doctor’s
note taking you off from work. Even if you were obviously injured in an
accident, the insurance company may take the position it will not reimburse
you for the time you missed from work without a note from the doctor taking
you off from work. It is also important that you keep detailed records of your
time off from work. However, the insurance company will not reimburse you
for your wage loss until you are ready to settle your injury claim in its entirety.
10. Should I Take Photographs of My Vehicle or My Injuries
Absolutely, and do so as soon as possible after the incident. A picture says
1000 words. Oftentimes, your vehicle will be taken by the insurance company
shortly after an incident. Therefore, you must take the photographs before that
happens because it is often not easy to gain access to your car after an
accident. Do not rely on the body shop or the towing yard to give you pictures.
It is also very important to take pictures of any visible injuries you may have so
that several months later it is obvious that you in fact sustained the injuries
you claim to have sustained in the incident.
11. Do I Have Any Legal Rights if I was Injured by An Uninsured Driver?
California law requires automobile insurance companies to sell what is
called “uninsured motorist coverage.” However, consumers may waive this
type of insurance coverage on their automobile policies. If you carry
“uninsured motorist coverage”, you may bring a claim with your own
insurance company. That is the very reason why insurance companies sell
“uninsured motorist coverage” and the very reason consumers pay for it as a
part of their automobile insurance. California law prohibits insurance
companies from increasing your rates if you bring a claim under your
“uninsured motorist coverage.”
12. Will I have to Go to Court?
Most personal injury cases settle without having to go to Court. Hiring an
attorney soon after an accident decreases the chances of making mistakes
as you maneuver through the process that may later put obstacles in your
path of resolving