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Questions Answered by Samuil Buschkin
1 Answer | Asked in Business Law for New York on
Q: I’m trying to dissolve my llc right now using the website click dissolve

The LLC has had no business transaction or anything of my knowledge. It was made 1 year and 3 months ago by another Company that had made it for me without me actually being ready for it and then when I told them I don’t think I was going to be ready yet they completely cut off connections with... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 19, 2022

If the legal entity is an idle and unutilized shell, it's best to dissolve it.

2 Answers | Asked in Immigration Law for New York on
Q: My wife and I did not live together for 5 months for work reasons. Would this affect the marital union timeline? 3 yrs

I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 16, 2022

The rule is "spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing". The exact nature of what it means is determined based on the exact circumstances. I suggest you... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: Can breach of contract be a reason for revocation of green card?

I am an RN who was petitioned by an employer. My green card has already been issued. I resigned after 6 months of being employed with them due to unhealthy work environment therefore resulting to breach of contract and some penalties that I am willing to settle. Will breach of contract be a reason... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 13, 2022

So if you have your green card already, depending on the type of green card, the USCIS has 5 years to rescind it but it must show that you never had the intent to be in that job which is a burden on them. For practical purposes, unless something took place in addition to what you described, your... Read more »

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1 Answer | Asked in Immigration Law on
Q: proxy marriage, green card

Hi, thanks in advance for replying my question. I 've recently had a proxy marriage with my wife who is a green card holder of USA. USCIS clearly says, we are not accepting proxy marriage, unless the marriage is consummated. accordingly, my wife plans to travel to my country, so that we can... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 12, 2022

Your inquiry is a technical one. The federal code only indirectly answers it by requiring consummation of the proxy marriage fir the marriage to be considered valid. So therefore you would need to travel first and file after the consummation, which is an affidavit attesting to the consummation... Read more »

1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.

1 Answer | Asked in Business Law for New York on
Q: LLC Agreement language that assigns 50% of Member ownership to someone, but 0% of expenses on their K-1.

Below is my exchange with the CPA. I'm looking for LLC Operating Agreement language that achieves this (my lawyer doesn't know how):

Me: I am giving 50% of the LLC's equity to someone else, but I will be the one fully funding the operations of the business with my own cash.... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

A competent attorney will be able to draft such an LLC operating agreement. The rules for LLC's are purposely very flexible.

2 Answers | Asked in Immigration Law on
Q: Visa

Hello dear im from Russia and i was USA 2010-for work and travel 3 months valid visa. And i was applied f2 visa for study but its denied. Then i was there until 2012 september that time my daughter was born and we back to Russia That means i was in usa 2 years. How can i back to usa? Its posiible... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 8, 2022

There are several questions asked by you that would require understanding your history in detail. That means you would need to speak to US immigration lawyer directly. As a general matter, however, a US citizen child of 21 years may petition for a Green Card for a parent.

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2 Answers | Asked in Immigration Law for Texas on
Q: My husband do family violence. He drinks and then beat me. Sometimes he hit my kids as well. I don’t have any valid visa

Can I do complain against him. If I do complain what will happen to me and my kids?

Samuil Buschkin
Samuil Buschkin answered on Jan 3, 2022

You should contact the police and a lawyer immediately. Don't be afraid. It's your and your kids' life and well-being at stake here. There are solutions but you need help, don't wait too long. There are many organizations that offer support, e.g., https://www.thehotline.org/.

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2 Answers | Asked in Business Law and Trademark for New York on
Q: I registered trademark but someone who used to use the mark years ago without registration is trying to use it now.

I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 1, 2022

It's a little counter-intuitive. In the United States, it is actual use of a designation as a mark that creates rights and priority over others, not the registration. Therefore, typically ownership of a mark goes to the first-to-use, not the first-to-file.

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2 Answers | Asked in Immigration Law for California on
Q: I'm currently on O1-A and would like to apply for a GC. Do I have to apply for a new I-140 (EB-1)?

Also, my O1-A is due for renewal in four months. Do I need to renew my O1 before applying for EB-1?

Samuil Buschkin
Samuil Buschkin answered on Jan 1, 2022

If your status is current you can apply from within the US.

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2 Answers | Asked in Immigration Law for New York on
Q: about permanent green card

Hi, At the time of our i-485 interview, our marriage was less than a year old. The case was approved, a permanent green card for 10 years came, and not a conditional green card for 2 years. In this case, is it necessary to apply for the removal of the conditions in 2 years, , even if my spouse have... Read more »

Samuil Buschkin
Samuil Buschkin answered on Dec 30, 2021

I would need to see the actual document but if what you describe is true, and you received an unconditional green card with an expiration date 10 years into the future, then there should be no condition requiring removal. A quick review of your documents by an attorney can give you the final... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Hi Sir,I’m in USA from last 3 years and i came here with C1/D.Can i still apply for an asylum?Please suggest me thanks:)

I came in USA October 2018.Now I’m married here with a citizen.

Samuil Buschkin
Samuil Buschkin answered on Dec 29, 2021

Asylum requires an application within a year of entry to the US, with a few exceptions that appear not applicable to you based on what information you shared.

You also cannot adjust status from a c1d through marriage.

You probably would need to return to your country of origin and...
Read more »

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3 Answers | Asked in Immigration Law for Washington on
Q: Can asylum case transfer to work visa(H-1B visa)?

I have an asylum case in the immigration court( my hearing date is in 2023), I'm wondering if I get hired from a company, can I transfer my case to an H-1B visa?

Samuil Buschkin
Samuil Buschkin answered on Dec 27, 2021

The answer to that depends on how you entered the US before you sought asylum.

If you came in without a proper visa, that is entered the US without inspection, you will not be able to do that.

At the same time, if you entered the US with a visitor or a student visa and those are not...
Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I am a US citizen who was living abroad and I have a daughter who was born there how can she become a citizen?

I applied for her mother green card before she was born. Her mother’s case is in NVC now, Does she get added to her mother’s case?

Samuil Buschkin
Samuil Buschkin answered on Dec 26, 2021

Several factors to be considered to understand whether your child acquired citizenship by birth or whether additional steps are required. Were you and the mom married at the time of birth, is one of them. Best to contact an immigration attorney for an analysis.

1 Answer | Asked in Business Law for New York on
Q: I own a business with no employees do i have to get vaccinated for the mandate on dec 27th?
Samuil Buschkin
Samuil Buschkin answered on Dec 26, 2021

It appears that unless you're entirely secluded from contact with others, you must wear a mask in a business setting. Also, business or venue must choose whether it will implement a full-course vaccine requirement or a mask requirement, which​ applies to both patrons and employees and then... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Green card

My green card expires at February 28 but I have already applied US Citizenship. I’m visiting my country in February 10. But I am coming back at February 22. Will there be any problem? Or Is it possible to extend my green card? If it’s possible then how can I extend my green card?

Samuil Buschkin
Samuil Buschkin answered on Dec 25, 2021

If you have a foreign passport , get a i551 stamp. otherwise, you may have problems reentering on an expired green-card (not proof of status). you will be at CBP's discretion and may have to pay a steep reentry fee. it's a risk, if you cannot avoid taking the trip.

3 Answers | Asked in Immigration Law for Wisconsin on
Q: Which is easier: spousal immigration visa if the sponsor is in the US or if the sponsor shows intent to move to the US?

I'm an American citizen, married to a Chinese National. Both of us living in China. We'd like to minimize the amount of time we spend apart in our attempts to get my wife an immigration visa. Can a decent case be made to show intent of going to the US, so that we both can go at the same... Read more »

Samuil Buschkin
Samuil Buschkin answered on Dec 23, 2021

Sponsor in USCIS terminology is a third party financial sponsor, typically. You, USC (citizen of US), would be the spouse-petitioner, she the beneficiary.

It's definitely easier and better to apply from within the US unless you both can't make it there and can instead wait for...
Read more »

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I am 17 and have a 10 year green card. My stepmother who is my sponsor is threatening to file I-407 and have it revoked

Can she do this without my permission

Samuil Buschkin
Samuil Buschkin answered on Dec 22, 2021

It would make all the difference if she waited until you turned 18. Case law is pretty clear and consistent on this. before 18, her abandonment of LPR status would be imputed to you.

You should still consult a lawyer. All these analyses are very fact driven.

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2 Answers | Asked in Immigration Law for Tennessee on
Q: I am a US citizen looking to get residency for my mother and 83 yr old grandmother who has been dependent on my mom.

my grandmother has lived and been dependent on my mother for years and it would be impossible for her to live without my mother. Is there any way I could request a green card for both of them?

Samuil Buschkin
Samuil Buschkin answered on Dec 15, 2021

There are several questions to be answered at the outset, e.g., whether you are 21 years or older, where your mom and grandma are located, whether you have sufficient income yourself, or whether you might need a third-party sponsor. There are more questions depending on the answers to the previous... Read more »

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3 Answers | Asked in Immigration Law for Iowa on
Q: Eligibility for a transfer of i-485

I have an I-485 adjustment of status pending which was filed through my ex-husband's employment (i-140, EB-2 NIW) (I am a derivative applicant). We applied concurrently i-140 and i-485. Both forms are still pending. We were married for more than 2 years. I divorced my husband and got married... Read more »

Samuil Buschkin
Samuil Buschkin answered on Dec 12, 2021

I would need to gather more facts and look at your documents and you should speak to a lawyer but I think that the I485 relates to your first petition and you would absolutely need to submit a second one based on your second petition with husband #2. Again, can only be answered after a full case... Read more »

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