New York Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in New York
October 25, 2016 By Law Offices of Grinberg & Segal
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.
October 19, 2016 By Palermo Tuohy Bruno, PLLC
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.
October 19, 2016 By Palermo Tuohy Bruno, PLLC
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...
October 17, 2016 By Law Offices of Grinberg & Segal
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.
October 5, 2016 By Law Offices of Grinberg & Segal
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.
October 3, 2016 By Law Offices of Grinberg & Segal
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.
September 28, 2016 By Law Offices of Grinberg & Segal
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.
September 26, 2016 By Law Offices of Grinberg & Segal
The H1B visa is for nonimmigrant workers in specialty occupations who have a bachelor’s degree or its equivalent.
September 21, 2016 By Law Offices of Grinberg & Segal
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.
September 21, 2016 By Law Offices of Grinberg & Segal
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.
September 19, 2016 By Law Offices of Grinberg & Segal
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.
September 16, 2016 By Law Offices of Grinberg & Segal
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.
September 14, 2016 By Law Offices of Grinberg & Segal
Section 212 of the Immigration and Nationality Act (INA) contains various grounds of alien “inadmissibility.”
September 13, 2016 By Law Offices of Grinberg & Segal
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.
September 12, 2016 By Law Offices of Grinberg & Segal
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.
September 12, 2016 By Associated Services
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.
September 6, 2016 By Law Offices of Grinberg & Segal
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.
September 1, 2016 By Law Offices of Grinberg & Segal
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.
August 24, 2016 By Law Offices of Grinberg & Segal
Asylum, statutory withholding of removal, and withholding of removal under the Convention Against Torture (CAT) are three distinct forms of immigration relief.
August 19, 2016 By Law Offices of Grinberg & Segal
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.
August 12, 2016 By Law Offices of Grinberg & Segal
Denaturalization is the process by which a U.S. citizen loses his or her citizenship.
August 10, 2016 By Law Offices of Grinberg & Segal
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.
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.”
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.
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
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.”
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.
When seeking labor certification for an employment-based immigrant visa, the following relationships will subject the labor certification application to high scrutiny:
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.
New York recently enacted a law which, by 2018, raises New York's hourly minimum wage from $9.00 to $15.00.
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.
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.
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.
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.
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.
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.
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).
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.
A brief overview of the special considerations for investors and entrepreneurs who are seeking to use one of these three non-immigrant visa categories.
An overview of who is subject to administrative removal, the administrative removal procedure, and potential avenues for relief from administrative removal.
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.
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 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.
New York City recently enacted new laws strengthening the New York City Human Rights Law.
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.
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.