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Questions Answered by Samuil Buschkin
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... View 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... View 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...
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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... View 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... View 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... View More

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4 Answers | Asked in Immigration Law for New York on
Q: I’m pregnant,and I’m a us citizen,I want to sponsor my parents,how long will it take

Can I change my apartment during applying their visa,would that be a issue

Samuil Buschkin
Samuil Buschkin
answered on Dec 11, 2021

As long as you keep your address current or updated,you can relocate.

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3 Answers | Asked in Business Law for New York on
Q: How do i sign over the other 50% percent of my business to the other owner
Samuil Buschkin
Samuil Buschkin
answered on Dec 7, 2021

It's a matter of knowing how your business is organized and what it consists of. Is your business an entity or are you a sole proprietor? Are you the sole owner or do others own an interest in your business? Are there other constraints on selling all or part of your business? Do you transfer... View More

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1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: Looking to warehouse liquor in NJ but also have a seating area where people can sit and taste thier wines or whiskeys.

Is there a specific warehouse license I need and would a sitting area be allowable or considered a byob?

Samuil Buschkin
Samuil Buschkin
answered on Dec 6, 2021

Hi there.

In NJ, alcoholic beverages can only be stored in an area that is included in the licensed premises or in a

licensed public warehouse. In case of a temporary need to store alcoholic beverages elsewhere, a licensee

may apply to the Division of A.B.C. for a special...
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2 Answers | Asked in Immigration Law for New York on
Q: Can someone work for an American company while awaiting his work permit on a k1 visa if payed abroad as a consultant?

My fiancé and I are awaiting his interview for the K1 visa following the approval of our petition by USCIS. In the meantime, he received a job offer from a US based company for a position based in the US, but since we told them it may take a few more months to complete the move and to obtain the... View More

Samuil Buschkin
Samuil Buschkin
answered on Dec 6, 2021

What you describe seems to be fine.

If he is employed by a foreign office of a US company and paid abroad. Once the US work permit is issued he can then work for that company'S US office or any employer in the US. The described scenario seems fine.

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2 Answers | Asked in Immigration Law for Washington on
Q: question about a marriage green card.

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering will immigration investigate marriage in my case? If so, they will usually investigate before the interview or after? But since my case is already in the immigration... View More

Samuil Buschkin
Samuil Buschkin
answered on Dec 4, 2021

USCIS, not the immigration court, will examine the bona fide merits of your marriage to ensure it's a real and not a fake marriage. There are many different types of evidence they request and expect.

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1 Answer | Asked in Tax Law and Business Law for New York on
Q: Can I hold my nonprofit's events at my restaurant free of charge but charge attendees for food and beverages?

Assume I'm the owner of the restaurant and separately am an Executive Director of the nonprofit. I would not charge a rental fee to the nonprofit, but I would be profiting off food and beverage sales. Does this violate Section 4941 of the IRC?

Samuil Buschkin
Samuil Buschkin
answered on Nov 29, 2021

There is a way to structure it without a violation of Section 4941 of the IRC.

4 Answers | Asked in Immigration Law for New Jersey on
Q: I came to the USA as child with a green card and obtained a us passport through my father. Iam not recognized as a citiz

I am not recognized as a citizen according to the social security administration. The issue is that I don't have any supporting documents other than a lost and expired us passport. They advised that I get an immigration lawyer.

Samuil Buschkin
Samuil Buschkin
answered on Nov 29, 2021

Your situation is complicated because of the lack of evidentiary documentation but it's not hopeless. You definitely should hire an experienced lawyer to straighten it out for you.

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3 Answers | Asked in Immigration Law for New Jersey on
Q: If I voluntarily resign my job while on H1B, can I make use of the 60 day grace period to stay in the US?

Hello everyone! I have been on the H1B with a stamped visa in my passport since Oct 2020. I am planing on quitting my job this month due to a toxic work environment.

1. Am I able to stay in the US legally for 60 days to wrap up things here after quitting the job, despite not being fired?... View More

Samuil Buschkin
Samuil Buschkin
answered on Nov 28, 2021

The petitioner is the employer. So, the petition is unique that way.

To answer the rest of your questions, you should speak with an attorney, allowing them to analyze all the facts.

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2 Answers | Asked in Business Law for New Jersey on
Q: Need help

I have a document I signed I was just wondering if its an estimate document or its legal & binding document I have to pay and if its away you can look at it for me

Samuil Buschkin
Samuil Buschkin
answered on Nov 26, 2021

This is something that requires looking at the document.

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1 Answer | Asked in Business Law for New York on
Q: What if the bylaws are silent as to powers of the executive committee?
Samuil Buschkin
Samuil Buschkin
answered on Nov 21, 2021

It all depends but the by-laws should provide a way to create and assign (a) an executive committee and (b) equip it with powers.

4 Answers | Asked in Immigration Law for Virginia on
Q: Does driving for Uber Eats income qualify you to sponsor a spouse to the U.S.A (Affidavit Of Support)?

I am currently driving for Uber Eats and trying to make enough money for Affidavit Of Support to bring my wife to the USA, I wanted to know if that income qualifies me to do so?

And also another question, does showing one month of income is enough for Affidavit Of Support?

If no,... View More

Samuil Buschkin
Samuil Buschkin
answered on Nov 21, 2021

As long as sufficient legal income can be documented, it may be from driving Uber.

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4 Answers | Asked in Immigration Law for Texas on
Q: I'm a citizen.Can I petition for my child while I didn't declare her when immigrating and when filling citizenship form?
Samuil Buschkin
Samuil Buschkin
answered on Nov 19, 2021

It is not unequivocal. There is a misrepresentation issue from your past application that will likely be triggered. At the same time, as long as you can document your parenthood, you should be able to petition for your child. A not so uncommon scenario. You should talk to an experienced lawyer.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Would starting a new master's program right after PhD impact my chance of filing for the EB1-A visa?

Greetings,

I hope the message finds you well. I am an international graduate student and I recently defended my PhD dissertation (STEM field). I intend to file for EB1A visa; I think I've met 3 out of the 10 criteria. Then there's that second part from USCIS that reads... View More

Samuil Buschkin
Samuil Buschkin
answered on Nov 16, 2021

The definition of extraordinary ability is a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. You prove extraordinary ability by showing “sustained national or international acclaim” and that your... View More

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