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Questions Answered by Samuil Buschkin
2 Answers | Asked in Employment Law for New York on
Q: fired from my job over a personal matter in a family company, given three month’s severance and refuse to pay last month

Can I take legal action?

Samuil Buschkin
Samuil Buschkin
answered on Feb 14, 2023

Hello, whether you can take legal action depends on more facts that need to be inquired about and on whether it is ultimately worth doing so. Your issues appear primarily related to an employment relationship, whereby it should not matter that it is a family business. If you were employed there you... View More

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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.

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... View 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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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 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.

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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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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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... View More

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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.

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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... View 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... View 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... View 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... View 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,... View 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... View 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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