New York Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in New York
February 24, 2017 By Law Offices of Grinberg & Segal
Section 101(a)(43) of the Immigration and Nationality Act (INA) defines “aggravated felonies” in immigration law. Each of the aggravated felony provisions describes a crime or crimes in broad terms.
February 23, 2017 By Rodriques Law, PLLC
A key decision you will have to make is whether to operate your business as a limited partnership, limited liability company or corporation.
February 14, 2017 By Palermo Tuohy Bruno, PLLC
[It has been] discussed how a century-old rule barring mention of liability insurance may actually create bias in a jury, favoring a defendant. [T]he “bifurcated trial system” [also] can actually create jury bias as well.
February 10, 2017 By Kushnick Pallaci, PLLC
Most contractors know, or should know, that if they are performing "home improvement" work within Suffolk County then they must have a home improvement contractor's license issued by the Suffolk County Department of Consumer Affairs. However, what few contractors realize is that three towns within Suffolk County have their own home improvement licensing process and requirements.
February 10, 2017 By Kushnick Pallaci, PLLC
Contractors and suppliers file liens in New York because they didn't get paid. But because liens are statutory creatures, sometimes the most minute detail can void the lien and prevent the contractor or supplier from getting paid.
Mechanic's liens can cause headaches for property owners across the State of New York, especially when they do not know how to challenge the lien. This article discusses the most common methods (and reasons) for challenging a mechanic's lien.
When building in the tight confines of New York City is is often necessary to work with your neighbor to allow the construction to be safely performed. It is also common that the construction will cause damage to the neighboring properties. This article discusses some of issues involved with such construction.
When a mechanic's lien is filed in New York the fastest way to remove it is to file a discharge bond. Discharge bonds are often misunderstood and this article removes the mystery.
February 6, 2017 By Palermo Tuohy Bruno, PLLC
For 100 years, courts have disallowed even mentioning liability insurance in negligence cases. This court rule was conceived in order to protect the defendant from a biased jury, who may inflict more damage on a defendant if they know their insurance company will bear the weight of the verdict. But, is the rule truly effective?
January 19, 2017 By Palermo Tuohy Bruno, PLLC
It's important to know how NY Courts look at slip and fall cases and what makes a property owner at fault for a slip, trip, or fall on their property.
December 22, 2016 By Palermo Tuohy Bruno, PLLC
Here's a list of some things your personal injury attorney must know about you in order to properly approach your case and get you the best financial outcome possible.
December 19, 2016 By Law Offices of Grinberg & Segal
The “permanent bar of inadmissibility” is found in section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (INA). Although it is similar to the more common 3- and 10-year bars of inadmissibility, there are differences in how the permanent bar is triggered and the penalties proscribed.
December 14, 2016 By Zamansky LLC
When choosing an investment advisor to help grow your nest egg or investment portfolio, you need to choose carefully. You have a lot to lose, and if you choose an inexperienced or untrustworthy advisor, you could find yourself in the position of needing to take legal action in order to recover fraudulent investment losses.
December 13, 2016 By Law Offices of Grinberg & Segal
Under the Child Status Protection Act (CSPA), certain child beneficiaries of immigrant visa petitions filed by a U.S. citizen or lawful permanent resident (LPR) may continue to be considered a child after “aging out.” CPSA protection allows the child beneficiary to stay in the same preference category and retain his or her original priority date even after aging out. For many such beneficiaries, this can mean a positive difference of several years in procuring permanent residency in the U.S.
Temporary Protected Status (TPS) is a temporary immigration benefit available to certain nationals of countries that are designated by the Secretary of Homeland Security for TPS.
The employment-based fifth preference category (EB5) is for immigrant investors. Each year, a limited number of immigrant visas may be allocated to qualifying immigrant investors.
The L visa for nonimmigrant intracompany transferees allows U.S.-based employers to petition to transfer certain alien employees from related foreign entities to work in the United States.
Individuals on F1 student status are required to follow all of the rules and regulations regarding F1 status in order to maintain such status. If an F1 student commits a status violation, he or she will be considered out of status.
The employment-based fourth preference (EB4) category is an immigrant visa preference category for “special immigrants.” A person may apply for lawful permanent resident (LPR) status in the EB4 category if he or she meets the requirements for status as a special immigrant.
Michael McQueary, a testifier in the Penn State Child Molestation Scandal, was publicly ridiculed for his involvement in the scandal. McQueary faced public outrage because of his involvement in the scandal, but claimed to have been misled by Penn State administrators. See what the jury had to say on their ruling in his case against Penn State.
Health insurance premiums for those insured under Obamacare are projected to rise in 2017. Will you be affected?
Under section 212(a)(4)(A) of the Immigration and Nationality Act (INA), an alien who is considered “likely to become a public charge” is inadmissible to the United States. A public charge determination may be made at the time of an application for a visa or at the time of adjustment of status.
Self-driving cars will undoubtedly become a widely-acceptable new technology in the near future. But, as with any new technology, mistakes can happen. In this case, dangerous car accidents that could ruin lives are a possibility, even though computerized cars are meant to make driving safer. And the manufacturers of these autonomous cars are pushing for protection from lawsuit through federal preemption. Here's why this could be a serious problem for drivers of autonomous cars.
The Form I-94 is an immigration form issued by the Customs and Boarder Protection (CBP). It is issued to all aliens who are admitted to the United States as well as those aliens who seek adjustment of status or an extension of stay while in the United States.
Knowing what to do in regards to insurance and covering the property damage to your car after an accident can be confusing. You have options to cover your property damage with collision coverage: go through your own insurance, or the other driver’s. Both have their pros, and both have their cons...
Car accident cases involving personal injury can be stressful, tedious, and confusing. They are not to be handled alone. A highly-experienced personal injury lawyer will be able to guide you in the right direction and ensure that you don’t make any mistakes that can hurt your case. But little mistakes can put huge dents in your car accident case. Some result from traps set up by defense attorneys and insurance companies. Here’s a list of 13 mistakes that could hurt your car accident case.
The Immigration and Nationality Act (INA) provides for immigration benefits for the alien spouse of a U.S. citizen. For example, a U.S. citizen may file an immediate relative petition on behalf of his or her alien spouse, which is not subject to an annual cap.
In immigration law, there is a concept referred to as “unlawful presence.” By accruing certain amounts of unlawful presence in conjunction with other actions, an alien may find him or herself subject to one of the inadmissibility bars.
The L1 visa category is a nonimmigrant work visa category for intracompany transferees. It allows a U.S. employer to petition for certain foreign workers who work for a related foreign employer. There are two types of workers eligible for L1 classification. L1A visas are for persons who will work in a managerial or executive capacity. The L1B visa category is for those who will work in a “specialized knowledge” capacity.
In order to procure certain waivers or other forms of immigration relief, an alien may be required to establish that a qualifying relative would incur “extreme hardship” were the applicant to be denied relief. In limited cases, the alien may be permitted to satisfy the extreme hardship requirement by establishing that he or she would incur extreme hardship upon removal.
The H1B visa is for nonimmigrant workers in specialty occupations who have a bachelor’s degree or its equivalent.
Persons in the United States on B1 (temporary visitor for business) or B2 (temporary visitor for pleasure) status are limited in the activities in which they can engage. Among the prohibited activities for persons on B1 or B2 status is attending school as a student in the United Sates.
The Form I-129, Petition for a Nonimmigrant Worker, is a form that is used for multiple purposes regarding nonimmigrant workers: petitioning for a nonimmigrant worker in certain categories; requesting an extension of stay in certain nonimmigrant categories and requesting a change of status to certain nonimmigrant categories.
Under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), an alien who seeks to procure, has sought to procure, or procured any benefit under the INA by fraud or willful misrepresentation of a material fact, is inadmissible to the United States.
In order to obtain a nonimmigrant or immigrant visa, an alien must be admissible to the United States. If an alien is inadmissible, he or she must generally file a Form I-601, Application for Waiver of Grounds of Inadmissibility.
Section 212 of the Immigration and Nationality Act (INA) contains various grounds of alien “inadmissibility.”
The United States Citizenship and Immigration Services (USCIS) require immigration fees for the processing of certain forms and services. These fees help fund the USCIS’s operations.
Under section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (INA), only 65,000 H1B visas may be allocated each fiscal year. This is commonly called the “H1B cap.” The H1B cap applies to H1B3 fashion models of distinguished merit and ability as well.
Law firms have increasingly begun to address the explosion of costly high-volume litigation matters by teaming with a dedicated legal outsourcing provider to optimize their internal efficiency and cost-effectiveness. Service of process is a very important part of the litigation process and law firms, county family court offices and corporate legal departments can safely outsource to an experienced process service agency.
International adoption laws and procedures are complicated. It is important to consult with an experienced immigration attorney who has experience working as an international adoption attorney.
The provisional unlawful presence waiver was originally created in regulations in 2013. A new provisional unlawful presence waiver final rule will take effect on August 29, 2016. The new rule will generally broaden the number of people who will be able to seek and be granted provisional unlawful presence waivers. This article will examine the new regulatory scheme.
Asylum, statutory withholding of removal, and withholding of removal under the Convention Against Torture (CAT) are three distinct forms of immigration relief.
In order to file for asylum and/or withholding of removal, an applicant must file the Form I-589, Application for Asylum and for Withholding of Removal.
Denaturalization is the process by which a U.S. citizen loses his or her citizenship.
Withholding of removal is a form of relief from removal that prevents an alien against whom a final order of removal has been entered from being removed to a specific country.
The United States was once hostile toward LGBT immigration. However, laws and immigration policies of the United States have changed to make it generally welcoming to LGBT immigrants. Nevertheless, there are still difficulties particular to LGBT immigrants. In this article, we will review certain provisions of immigration law that touch on LGBT immigrants.
Under current U.S. immigration law, LGBTI aliens may seek asylum in the United States.
The B2 nonimmigrant visa classification is if for temporary visitors for pleasure. There are limited activities in which a B2 nonimmigrant may engage in while on B2 status without violating status. In this article, we will review permissible and impermissible activities while on B2 status.
Under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), an alien who is found to have procured or to have sought to procured a benefit under the INA through fraud or willful misrepresentation of a material fact is inadmissible for life. However, under section 212(i) of the INA, there are limited waivers available from this very serious inadmissibility ground.
In order to be “admitted” into the United States as the term is defined in section 101(a)(13)(A) of the Immigration and Nationality Act (INA), an alien must make a lawful entry into the United States “after inspection or authorization by an immigration officer.”