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LGBT Immigration in the United States

  June 20, 2016     By Law Offices of Grinberg & Segal
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.

Overview of LGBTI Asylum

  June 7, 2016     By Law Offices of Grinberg & Segal
Under current U.S. immigration law, LGBTI aliens may seek asylum in the United States.

Permissible Activities While on B2 Status

  June 2, 2016     By Law Offices of Grinberg & Segal
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.

Inadmissible Admission

  June 1, 2016     By Law Offices of Grinberg & Segal
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.”

Waivers for Fraud or Misrepresentation

  June 1, 2016     By Law Offices of Grinberg & Segal
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.

U Visa Law Enforcement Certification

  May 31, 2016     By Law Offices of Grinberg & Segal
The U nonimmigrant visa category is for certain victims of particularly serious crimes who cooperate with law enforcement in the investigation or prosecution of the criminal activity. In order to be eligible for a U visa, the applicant must obtain what is called “law enforcement certification” on the Form I-918, Supplement B.

"Parole In Place" for Family Members of U.S. Military Service Members and Former U.S. Military Service Members

  May 27, 2016     By Law Offices of Grinberg & Segal
The Attorney General has limited discretionary authority to grant parole to an alien who is in the United States without an immigration status. This exercise of parole is called “parole in place.”

Rules for Using a TPS-Related EAD While Holding a Valid Non-Immigrant Status

  May 26, 2016     By Law Offices of Grinberg & Segal
An alien who is granted temporary protected status (TPS) may obtain an Employment Authorization Document (EAD) along with TPS. Furthermore, he or she may maintain a valid nonimmigrant status along with TPS. Certain non-immigrant statuses limit or outright prohibit the employment that the non-immigrant may engage in while on status.

Modular Container Systems and the “Totality of the Circumstances" Test

  May 25, 2016     By Law Offices of Grinberg & Segal
When seeking labor certification for an employment-based immigrant visa, the following relationships will subject the labor certification application to high scrutiny:

The Selective Service Requirement and Immigration

  May 24, 2016     By Law Offices of Grinberg & Segal
Male U.S. citizens, lawful permanent residents (LPRs), and undocumented aliens between the ages of 18 and 25 are required to register for with the Selective Service System (SSS). The law requires that registration occur within 30 days of the person’s eighteenth birthday, but late registrations are accepted prior to the person turning 26 years of age.

Over the Next Three to Six Years, New York Increases the Minimum Wage to $15.00 Per Hour

  May 24, 2016     By Law Offices of David S. Rich, LLC
New York recently enacted a law which, by 2018, raises New York's hourly minimum wage from $9.00 to $15.00.

E2 Treaty Investors Visa

  May 23, 2016     By Law Offices of Grinberg & Segal
The E-2 (E2) Treaty Investors visa is a nonimmigrant visa for certain nationals of countries with which the United States maintains a treaty of commerce and navigation. The E2 visa is available for investors and for employees of E2 treaty investors or companies that, by virtue of their ownership and operations in the United States, can qualify as E2 petitioners. This article will provide a brief overview of the E2 visa category.

Using Power of Attorney for a New York Real Estate Closing

  May 22, 2016     By Jeanne M. Reardon Law Office
If you are unable to attend a real estate closing and sign the necessary documents you can have your attorney prepare a power of attorney for you thereby allowing your agent to act for you at the closing.

Why You Need a Real Estate Lawyer When You Buy or Sell a House

  May 23, 2016     By Jeanne M. Reardon Law Office
Whether you are buying or selling a home, your team of expert advisers should include a real estate closing attorney. Real estate closings are complicated matters and require a thorough knowledge of the law. With a decision as serious as buying and selling real estate, it is important that you are guided throughout every step of the closing process by an experienced and knowledgeable real estate lawyer.

Reinstatement of Removal

  May 22, 2016     By Law Offices of Grinberg & Segal
The Department of Homeland Security (DHS) has discretion to reinstate a prior removal order when an alien reenters the United States illegally after having been removed previously or having left under a grant of voluntary departure under a removal order. If an alien is subject to summary removal, he or she will not be entitled to a hearing before an immigration judge. Depending on the situation, there may be limited forms of relief available to the alien from reinstatement of removal.

Expedited Removal

  May 18, 2016     By Law Offices of Grinberg & Segal
Under certain circumstances, arriving aliens who are found inadmissible at the border may be subject to expedited removal. Expedited removal is a removal procedure where an alien is removed without a hearing before an immigration judge. However, there are limited circumstances in which an alien who would otherwise be subject to expedited removal may qualify for an exception.

Recapturing Priority Dates

  May 18, 2016     By Law Offices of Grinberg & Segal
Under certain circumstances, a child with a pending adjustment of status application to a family preference category who would otherwise “age out” (that is, turn 21 years of age and not be covered by a provision that prevents aging out) may have his or her immigrant visa petition converted to an appropriate preference category and recapture the priority date associated with the original petition.

Introduction to the EB1B Visa Category for Outstanding Professors and Researchers

  May 16, 2016     By Law Offices of Grinberg & Segal
The EB1-B (EB1B) category is an employment-based immigrant visa category for outstanding professors and researchers. The underlying statute for the category is found in section 203(b)(1)(B) of the Immigration and Nationality Act (INA).

Asylum Eligibility Bars

  May 14, 2016     By Law Offices of Grinberg & Segal
The decision on whether to grant an asylum application is discretionary decision based on the facts of each specific case. However, there are certain bars to asylum eligibility which, if triggered, require than an asylum application is denied.

Using Non-Investment Non-Immigrant Employment Visas as an Investor or Entrepreneur

  May 14, 2016     By Law Offices of Grinberg & Segal
A brief overview of the special considerations for investors and entrepreneurs who are seeking to use one of these three non-immigrant visa categories.

Administrative Removal for Aggravated Felonies

  May 12, 2016     By Law Offices of Grinberg & Segal
An overview of who is subject to administrative removal, the administrative removal procedure, and potential avenues for relief from administrative removal.

Four Grounds to Contest a Will

  May 8, 2016     By Mishiyeva Law, PLLC.
Simply being unhappy with the distribution of assets or the delay of the probate proceeding in general is not sufficient grounds to successfully contest the validity of a last will and testament. An heir of an estate or a beneficiary of a prior will can commence a will challenge based on a number of enumerated grounds.

Life Act and Adjustment of Status

  May 3, 2016     By Law Offices of Grinberg & Segal
Who Was Eligible to Take Advantage of LIFE Act Adjustment of Status? The Original Filing Requirements for LIFE Act Adjustment of Status and Grandfathering. LIFE Act Adjustment of Status in Proceedings. Advice for LIFE Act Adjustment of Status.

O Visas

  May 2, 2016     By Law Offices of Grinberg & Segal
O visas are nonimmigrant employment visas for limited classes of aliens. The O-1A (O1A) visa is for “aliens of extraordinary ability” who are seeking to enter the United States to work in their areas of expertise.

Mayor de Blasio Signs New Laws Enhancing The New York City Human Rights Law

  April 28, 2016     By Law Offices of David S. Rich, LLC
New York City recently enacted new laws strengthening the New York City Human Rights Law.

Medicaid Fraud Investigations in New York

A Medicaid fraud investigation begins long before you are contacted by an investigator. By the time they contact you, the investigators have already conducted interviews and collected all the records they need. At this point, anything you say can and will be used against you.

Issues to Consider When Offered Stock Options

It is commonplace for start-ups and emerging companies to offer stock option to employees, consultants and service providers in conjunction with, or often in lieu of, cash compensation. The potential recipient of stock options should be aware of certain important considerations before simply accepting stock options in a start-up or emerging companies.

Discharging a Mechanic’s Lien

What happens when a construction company or a contractor put's a lien on your property for unpaid services? What if the lien is invalid? Do you have any recourse?

The Defense Base Act: A Brief History and Explanation of the Administration of Benefits

The Defense Base Act is a federal workers' compensation program, which provides medical and wage-replacement benefits to military contractors injured while working on a wide variety of U.S. defense projects worldwide.

The Zone of Special Danger Doctrine and the Defense Base Act

The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers' Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?

Finding the Right Probate and Estate Attorney

When it comes to dealing with the loss of a loved one, one of the last things that any family member wants to do is call a probate or estate attorney. This is understandable given that the family is grieving with the loss. Finding a lawyer should be not be a complicated matter. Finding the right lawyer to handle an estate, whether it requires planning or for the will to be probated, however, requires due diligence.

A DUI Is Not a DIY: Save Money and Hassle Using an Attorney

All too often individuals think they can proceed without a lawyer in drinking and driving offenses. Some people don't understand the consequences that they face in such serious matters while others simply think they will be better off without an attorney. Unfortunately, an attorney is crucial for all defendants facing such issues.

Understanding Medicaid Fraud Investigations in New York City

A Medicaid fraud investigation is a serious matter that can lead to criminal charges. You should consult with a Medicaid fraud lawyer before you speak with investigators or turn over any documents.

$75,000 Whistleblower Reward in EMR Kickback Case

Diagnostic Pathology Group Pays $500,000 to Settle Allegations that Physicians Were Given Electronic Medical Record (EMR) Software in Exchange for Patient Referrals

What Are the Elements of a New York Whistleblower Law Claim?

The elements of a cause of action under the New York Whistleblower Law.

Responding to NYC Medicaid Fraud Investigations

If you receive a letter from the NYC Bureau of Fraud Investigation, it means that you are the target of a Medicaid fraud investigation. How you respond to the letter can mean the difference between an inconvenience and a criminal record.

What if the Medical Evidence Does not Support My Claim?

To make a personal injury claim, medical evidence is mandatory. Unfortunately, if the medical report is unable to link your injuries to the accident, it will not be possible to take your claim further.

NYC Bureau of Fraud Investigation Letters

A letter from the NYC Bureau of Fraud Investigation means that you have a potentially serious problem. Do not try to handle this on your own. Consult with an experienced Medicaid fraud lawyer before you meet with the investigators.

Class Actions: Nuisance or Necessity?

Are Class Actions a nuisance or necessity? In this article I will discuss what class actions are and why they are an indispensable tool of defense against injuries suffered due to bad business practices.

Federal Tort Claims Act Practice Alert: U.S. v. Wong

According to the United States Supreme Court, the two- year and six- month time limits in 28 U.S.C.§ 2401(b) of the Federal Tort Claims Act (FTCA) "are just time limits, nothing more. Even though they govern litigation against the Government, a court can toll them on equitable grounds."

Ten Ways to Effectively Manage Outside Counsel Spending

Even though the post-recession darkness has been illuminated by the Dow-Jones surpassing 18,000, the pressure on in-house counsel to manage and control the efficiency, predictability and cost effectiveness in the delivery of legal services has not lessened. The good news for in-house counsel is that over the past seven years or so there has been a dramatic shift in the relationship from a sellers’ market to a buyers’ market and there is now a fiercely competitive market for legal services.

Understanding Defamation ... Slander ... Libel

Everyone has heard of the terms: defamation, slander and libel. But not all understand the meanings of the words or the elements necessary to bring a successful lawsuit involving those legal concepts.

Trip and Fall Accidents on New York City Sidewalks

If you have been injured on a sidewalk in New York City, there are many factors to consider when considering who is at fault and whom the claim needs to be brought against.

A Methodological Approach to Negotiating International Business Disputes

The United States government has declared increased exports are the path for financial recovery. In particular, the Small Business Administration declared exports are the principal method to buttress American small business. So, how do small businesses effectively negotiate in the international market?

The Importance of Non-compete and Non-solicitation Provisions in Your Employment Agreements

Reasons to consider non-compete and non-solicitation agreements.

What to Do with Your Liquor License if Your Business Closes

How to handle a New York liquor license when not operating.

Codes and Standards Related to Safe Stairway Design

According to the National Safety Council statistics, falls are the second leading cause of accidents in the U.S., second only to motor vehicle accidents. While many falls occur as the result of a “slippery” floor, many falls also occur on stairways, both within the home and in commercial locations.

Seeking Compensation for Motorcycle Accidents

According to the National Highway Traffic Safety Administration, motorcyclists are 35 times more likely to experience a fatal accident than car drivers.

What Happens When a Person is Charged with Illegal Reentry?

Returning to the United States after being deported or removed is a violation of federal law. Alleged offenders could be sentenced to prison before being returned to their home countries—where they could face additional consequences as well.

New York Zombie Foreclosures On the Rise

According to RealtyTrac, there were 16,700 zombie foreclosures in New York in 2014. That number has since risen by 54 percent. These homes are often the houses that bring a neighborhood's value down; the houses with unkempt lawns and boarded-up windows that are easy to ignore and forget.



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