Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Samuil Buschkin
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.

View More Answers

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 »

View More Answers

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I came from Lithuania to the USA when I was nine years old in 2009. I have overstayed my Visa. Am I DACA eligible?
Samuil Buschkin
Samuil Buschkin
answered on Jul 29, 2022

As of July 28, 2020, and August 21, 2020, implementing the Supreme Court decision USCIS will not accept any applications from first-time applicants who have never had DACA before.

View More Answers

1 Answer | Asked in Consumer Law, Contracts and Business Law for New York on
Q: NY Gen Bus L Section 624(2) (2021) Does the 3 days begin running only once the buyer receives a copy of the contract

Hello, I am trying to properly interpret Section 624 - Rights of cancellation of contracts for services. If the buyer never received any form of a copy of the contract until requesting it two months after the start date, does the three business day period for a right to cancellation apply once the... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jul 25, 2022

I believe that you are best advised to speak to a lawyer because of the very fact-specific nature of your question.

1 Answer | Asked in Immigration Law for New York on
Q: Can I leave the US at the end of my degree and come back with an ESTA?

I need to wrap up some loose ends and I have a wedding to attend at the beginning of October, is it possible to go to Canada for a day (and finish my F-1 stay) and return immediately on an ESTA?

Samuil Buschkin
Samuil Buschkin
answered on Jul 24, 2022

You may most likely take a trip of fewer than 30 days to countries contiguous to the United States and reenter on an expired visa provided you have proper documentation and have not applied for a new visa during the visit. Canada would be such a contiguous country.

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 »

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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 »

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.