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Questions Answered by Samuil Buschkin
1 Answer | Asked in Immigration Law for Michigan on
Q: Hello I have a question I’ve been married to my immigrant husband since 2018 and I think he lied just for a green card

He is threatening to leave me homeless and threatening to go to his homeland and marry to bring someone from India to USA what should I do about this

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because it sounds like you have many complex questions and issues on the table here, including family law, and immigration law, and maybe even criminal issues.

4 Answers | Asked in Contracts and Business Law for New York on
Q: Can the seller sue the customer for cancelling a large order?

Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, if Frank and Sam are 'merchants' (business people), a set of certain rules will apply and dictate the analysis under the Uniform Commercial Code. This situation needs to be explored... Read more »

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3 Answers | Asked in Consumer Law, Small Claims and Business Law for New York on
Q: Can I sue a customer for not paying me full amount (oral agreement)?

I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... Read more »

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2 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Is someone liable for the injured person if he tried to avoid the danger as well?

Sam, a delivery guy from X’s company was chased by a dog. Steve, driving and trying to avoid hitting Sam, turned his car to the left and accidentally went into the store and injured himself and three other people. Is Sam or his company liable for the injured people?

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. At first glance, it appears that the driver is fully liable, irrespective of the other circumstances. However, liability is also apportioned in accordance with the state rules for that.

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3 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Agreement with client to pay for service provided in 30 days. Payment not yet received.

Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.

There is written agreement between both parties. Agreement states that it will govern and... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Reviewing the documents here to understand the terms of the agreement and other circumstances is important.

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2 Answers | Asked in Immigration Law for Washington on
Q: Does filing a motion to terminate removal proceedings grant me a green-card or do I have to file EOIR-42B?

I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.

Samuil Buschkin
Samuil Buschkin
answered on Jan 20, 2023

It is impossible to know based on the information you provided, what the right steps would be in your case. If a VAWA petition has been approved, you should be able to adjust the status and terminate the 42b proceeding by way of motion but without having fully studied your case it's impossible... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Filing out i864. What if my most recent tax return was 2020 bcuz I was unemployed in 2021 what do I do?
Samuil Buschkin
Samuil Buschkin
answered on Nov 20, 2022

Even when you're unemployed you must file a tax return. If you haven't done so, there is a way to file a late one.

1 Answer | Asked in Business Law for New York on
Q: I have a small pool business in NY and am wondering if for the winter I can make an online selling setup to sell tcg

I am wondering if I can sell items such as TCG Cards/Collectibles/Items online for winter income legally under the same entity for winter income as pools slow down/stop

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

Assuming your entity is an LLC: unless your articles of an organization specify only pool business (usually they do not) you can absolutely use that entity for various businesses and you have the choice to file multiple DBA's (doing business as registrations) based on the line of business you... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: Can I do a change of status from j1 to a student visa for fall 2023, if my j1 would expire in April 2023?

My J-1 visa is via Au Pair program and it expires April 2023, if I apply for a change of status now with an I-20 for Fall 2023 admission, will I be considered out of status between April and September?

PS: My J1 Visa states that, I’m not subject to the 2 years home return rule.

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

You should speak to an experienced lawyer, respectively. However, the threshold question will be whether this J1 program waives the 2-yr foreign residency requirement that many J1 Visas have.

1 Answer | Asked in Immigration Law for Colorado on
Q: I’m i automatically a us citizen

Hey my mom got her naturalization when I was 15th years old but I was not a permanent resident. So she applied for me right after she got her citizenship and I got my green card when I was 19th and now when I was applying for a citizenship it says I may be already a us citizen because my mom was a... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

I would still consult an attorney but generally, these are the rules that apply:

In order for children to naturalize at the same time as their biological parent, they must meet all of the requirements below.

The child has at least one parent, including an adoptive parent who is a...
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2 Answers | Asked in Immigration Law for California on
Q: Good day, My wife and I are applying for naturalization.

We have received a notice today that our N400 naturalization interview is scheduled during a long planned vacation overseas. Is it safe to reschedule the interview or should I just cancel the vacation and try to reduce the non-refundable costs? Thank you!

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

You must inform the USCIS in writing about the important family or personal reason for why attending their assigned date is impossible for you. A simple family vacation might not be enough grounds to receive a rescheduled date. Speak to a lawyer, is my suggestion.

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1 Answer | Asked in Immigration Law on
Q: I am a refugee in process for green card, they requested a second interview with my son present, what could be the cause

My wife's green card has already came. Mine was on the last steps (medical etc)

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

If you are in removal proceedings before an immigration judge, you should immediately find an immigration attorney who handles removal defense. The same goes for asylum petitions before the USCIS - get a lawyer to consult and accompany you.

2 Answers | Asked in Banking, Business Formation and Business Law for New Jersey on
Q: How do you start a business?
Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

There is a lot that goes into asking and answering this question. The legal aspects are probably secondary to business planning. Before you need an attorney you need to have a clear idea, a business plan, sufficient funding, and the right personal environment to launch a business.

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1 Answer | Asked in Immigration Law for Texas on
Q: H1b holder commute US MX border daily, any issue?

I am currently a H1B visa holder. My company has offices in Texas and Mexico, and I am asked to travel back and forth the border every day. Is there any law preventing me from doing so? And will this effect my status in any way? Thanks in advance

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

Typically, when traveling on an H-1B visa the following documentation to reenter the U.S. is required:

Valid passport with at least 6 months of validity at the time of admission to the U.S.

Valid H-1B visa stamp in your passport,

Original H-1B approval notice (I-797)...
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2 Answers | Asked in Immigration Law for Maryland on
Q: I’m US citizen and my married to a nonresident, they denied her asylum application and send her to court . What can I do

To adjust her status

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

You should consult a lawyer. It seems like some crucial fact is not included in your description. Typically a spousal petition should be the correct path for a married couple to follow.

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2 Answers | Asked in Immigration Law for California on
Q: What should I do if I cannot get CPT for an internship for non-US company?

I am a F1 student and I'd like to work remotely as an intern for a company outside the US. I talked to multiple advisers at my school's international student services and they told me that, as the company does not have US presence (they checked the company website), they cannot issue CPT... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

What you intend to do afterward, like filing a petition based on marriage is not directly relevant to observing the rules regarding CPT or OPT. Your concern is best discussed with an experienced lawyer first and later with your school. It sounds like a solution in your case is realistic.

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1 Answer | Asked in Immigration Law for Missouri on
Q: I am on j2 visa, can I buy cryptocurrency if I don't plan to sell it or trade it but hold it
Samuil Buschkin
Samuil Buschkin
answered on Sep 11, 2022

The short answer is yes. The issues may arise when it comes to setting up a crypto wallet unless you already have that. But generally your visa status and your legal right to purchase liquid assets are not directly related.

2 Answers | Asked in Business Law for New York on
Q: Can an LLC that is registered for doing music Conduct business that is non-music related?
Samuil Buschkin
Samuil Buschkin
answered on Aug 17, 2022

The short answer is: It depends!

I suggest you speak to a lawyer.

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2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Samuil Buschkin
Samuil Buschkin
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... Read more »

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