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Questions Answered by Samuil Buschkin
2 Answers | Asked in Estate Planning and Business Law for New York on
Q: S Corporation 4 equal share owners , if one of the owner die , how to keep his shares within Corporation

If one owner die , how to avoid outsider demands

Samuil Buschkin
Samuil Buschkin
answered on May 12, 2022

There are several unknowns here and best to direct your question to an attorney, who can review the documents. In a nutshell, it all depends! It depends on the corporate structure, governing documents (and always but not likely primarily here on applicable laws). It is generally absolutely doable... Read more »

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2 Answers | Asked in Criminal Law and Immigration Law for South Carolina on
Q: Will I have trouble in the airport?

Me and my friend made a terrible mistake trying to steal from Walmart. They called the police and the police wanted to schedule the court for May 19. We had flight tickets (we are international students) to go home in the next week so they somehow could hold the “court” right there at the... Read more »

Samuil Buschkin
Samuil Buschkin
answered on May 1, 2022

I suggest you get a South Carolinian criminal defense attorney or a local immigration lawyer who also practices criminal law in order to get this taken care of properly. Often, if not handled, right certain criminal charges will much later present a problem in the immigration context.

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2 Answers | Asked in Landlord - Tenant, Tax Law and Business Law for New York on
Q: I live in the US and own a condo in Jamaica, WI I want to rent to vacationers. What do I need to do to?
Samuil Buschkin
Samuil Buschkin
answered on Apr 20, 2022

If you make any income from your rental activity, per US Tax law, you must include it in your annual tax return. The way you organize or register your activity abroad is a matter of applicable local or international law abroad.

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2 Answers | Asked in Immigration Law for Colorado on
Q: Is it possible to travel internationally with an expired 24-months extension letter while the I-751 case still pending?
Samuil Buschkin
Samuil Buschkin
answered on Apr 18, 2022

I suggest not to travel under these circumstances and would immediately consult an immigration lawyer.

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1 Answer | Asked in Immigration Law for Texas on
Q: I’m filing a i864 to sponsor my wife but I have unemployment benefits during the Covid shut down would that count as inc

So I’m sponsoring my wife and my business was closed due to Covid shut downs for most of 2020 and half of 2021. I received unemployment benefits in 2020 and 2021. I will list my income down below

2019- $41,300

2020- $31,100 ($20,700) from unemployment benefits and $13,800 from... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Apr 7, 2022

Some sources of income related to unemployment can't be included in income within the scope of form I-864 ( food stamps, SSI, Medicaid, and TANF), unemployment benefits are included and count as income. To see whether your total annual income, per household size, qualifies you as a sponsor,... Read more »

1 Answer | Asked in Immigration Law on
Q: Uscis pending i751 since 2017

Interview held at april 2021

Went smooth but no decision was made

N400 fioed in august No where to end this

Cis inwuiry resukted in case been under extended review

What the hell does it mean

Samuil Buschkin
Samuil Buschkin
answered on Apr 7, 2022

Hi. Not sure why you filed for citizenship without having the condition removed first. Sadly, processing times have become rather long (often exceeding validity of conditional green card). As long as you have the 'under review' notice you remain in status. At some point USCIS should... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: I'm in the US under the ESTA visa waiver program. If I win the DV lottery, can I adjust my status while I'm here?
Samuil Buschkin
Samuil Buschkin
answered on Apr 5, 2022

Typically, you would apply for adjustment via a consulate outside of the US. However, if you're in the US and you're still within the allowed stay of the VWP / ESTA, then you can send an application to USCIS while in the country.

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4 Answers | Asked in Immigration Law for Florida on
Q: B1/B2 visa expired for me, my wife and my daughter. My son was born in the US. What are my options?

I have electrical engineering diploma from Brazil and have a job offer to work in the US -- but cannot work without proper working permit.

Samuil Buschkin
Samuil Buschkin
answered on Apr 5, 2022

Please speak to a lawyer. If you somehow overstayed the allowed stay and have thus accumulated unlawful presence but want to pursue staying legally in the United States, you must speak to an immigration attorney.

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2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can one person be a joint sponsor for 2 different immigrant friends that are not related ?
Samuil Buschkin
Samuil Buschkin
answered on Apr 5, 2022

Absolutely, as long as the sponsor's income is sufficient per the constantly updated guidelines ("To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal Poverty

Guidelines for your household size. The Federal poverty line, for...
Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Does not having an H1b visa on passport going to affect my application of marriage green card?

I have H1b visa but due to Covid I haven't been able to change the visa on my passport from F1 to H1b, but I have the I-797A approval notice for H1b. I'm wondering if that will be enough for applying for marriage green card. Thank you.

Samuil Buschkin
Samuil Buschkin
answered on Apr 5, 2022

Your goal is to remain in status with respect to your current status in order to apply for a change of status. The approval notice keeps you in status. The marriage green card is a somewhat separate topic. You should consult an immigration attorney. best of luck.

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2 Answers | Asked in Immigration Law for Florida on
Q: Hi! I am originally from Russia. Came to USA in 2009 with J1 visa.

During all this time I was out of status. My ex boyfriend had DACA at that time. We we hoping to get married but everything went bad and we separated because he started getting aggressive. Since i was out if status i was planning to go back to Russia with my daughter, but now it is not safe there... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Mar 14, 2022

Hi. Your situation sounds too complex to discuss on a blog. It will definitely require an analysis that you want to do in private with an immigration attorney. The biggest problem that I see is the apparent 'unlawful presence' after the expiration of your J1 visa. You need to speak to an attorney.

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2 Answers | Asked in Immigration Law for New York on
Q: I'm under a j1 visa for a internship and the office offered me a job but they said I need to figure out the visa myself

Is it possible to switch from j1 to another working visa, and what's the process?

Samuil Buschkin
Samuil Buschkin
answered on Mar 10, 2022

Achieving what you describe is a multistep process. A careful analysis of your specific situation must precede any action. I suggest that you consult with an immigration lawyer.

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Was my removal of conditions done on time?

My conditional green card expired on January 20, 2022. USCIS sent me a I-797 notice of action and the received date by USCIS was also January 20, 2022. Was my removal of conditions done on time or will be considered late filling?

Samuil Buschkin
Samuil Buschkin
answered on Jan 28, 2022

As long as you filed the i-751 within ninety days of the conditional green-card expiration date and because you have the 797 receipt, you should be fine.

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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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