Not all hope’s lost, even after Bankruptcy!

In the simplest of words, bankruptcy is the most unfortunate financial event that can happen to a person or an organization. Most people would consider it as rock bottom, as the uphill battle after bankruptcy is extremely difficult.

But, make no bones about it! If you’re having financial difficulties, now is not the time to let fate have its way with you. The federal system of the United States is designed to help you in this event of turmoil, but you will only be able to make full use of it if you know how to go about it.

What’s the solution?

The first thing you need to do is hire a bankruptcy attorney from New York or from wherever you live. Explain your situation to the lawyer, and tell him the following things:

1. What led to this situation
2. What payments you have to make
3. How much money you owe to lenders, banks, etc.
4. What current source(s) of income you have
5. How much time you need to be able to pay off your all your debts
6. What assets you have to your name

An attorney will help you present your case in a court of law, in a way that you can get maximum benefit. The very first thing that that you need to know is what chapter to file under. A bankruptcy lawyer would carefully analyze your situation and let you know if you should file under chapter 7 or chapter 13.

How will you benefit?

The idea of filing for bankruptcy is to gain the ability to pay your debts over an acceptable period and/or have the interest rate waved off to a certain extent. If you file for bankruptcy successfully, you will not just be able to get back on your feet, but also be able to avoid being humiliated or harassed by lenders, or whoever, you own money to.

It is not always necessary that you became bankrupt because of your own fault. It is common to see people getting injured, sick, or having to take the brunt of someone else’s actions in one way or the other. Regardless of why you choose to declare bankruptcy, everybody deserves a second chance.

Employment-Based Immigration explained in detail!

A foreign national can work in the United State by obtaining a visa via employer sponsorship. A person cannot apply for this if he is not being sponsored by a willing employer, who is ready to be a petitioner during the application procedure. 

Companies can choose to hire a foreign worker, but they must follow the stated legal protocols. For this, the company will have to make a petition on behalf of the immigrant. This makes the employer a sponsor giving the worker a right to be employed in the US for the specified duration.

Once visa has expired; the person will have to return to his native country, unless some other employer is willing to employ him. The US authorities issue various types of visas across different categories. For example, H-1B  is issued to people in specialty occupations who have a Bachelors degree. Other than that, nonimmigrant visas like student and tourist permit will allow the person to remain in the country for a short period.

Although companies have right to hire foreign workers, as per labor rules of the country, a company must make good efforts to fill the vacant position by first trying to hire a US professional.

The company has to advertise the vacant position and try to recruit for it in the country first. If an employer fails to recruit a good employee from within the country, he can then submit an application for hiring a foreign national.

Only after an employer has received labor certification approval, he can hire a foreign national. Once the petition is approved, the foreign immigrant must request for green card via adjustment process, if the person is already residing in the country. If the immigrant is coming from overseas he can obtain it via consular process.

In a few cases, foreign workers don’t need to apply for the labor certification before requesting for a green card. Workers in a few categories are exempted from applying for labor certification procedure. Those employed in ‘employer first preference’ category, or those who have extraordinary talent in science, art, education, or business field, don’t have to go through this process.

To make the entire procedure less troublesome and more streamlined, work with a good immigration lawyer in Queens. Legal help will assist you at every step of the case.

Requirements To Enter and Settle in The United States

There are many ways for foreign nationals to migrate legally to the United States. In this post, we will discuss a few ways to enter U.S without facing any legal complications.

One of the simplest ways of coming to the U.S is by getting sponsored by a family relative. It takes around a year to get approval for this arrangement. If even one of your parents is a US citizen, you would automatically become American citizen as well. The Child Citizenship Act of 2000 lists out details in this regard.

Trying to get settled in this country via sponsorship by a permanent resident or a sibling citizen may take about a decade.

Employment is the most common reason why people immigrate to this nation. Your New York state attorney will assist you in getting through the procedure without much hassle. If a US based employer offers you a job, things will get simpler for you.

Especially if you are in a profession for which the country doesn’t have enough qualified workers, such as doctors, academics and lawyers, you will be given the first category preference. Nursing profession comes in the second category. One can apply for a non-immigrant visa to enter the country and then apply for a green card a couple of years later.

While applying for the status of a permanent resident in the US, foreign nationals have to provide the authorities with reports and documents supporting a good character. Applicants are required to provide police reports from everywhere they lived for at least one year after the age of 16. To prove you have no police records, a statement attested and issued by the police will have to be supplied.

Reports of complete physical examination authenticated and checked by USCIS is another factor that goes into obtaining permanent residence status.

US immigration policies demand that a person has enough funds and resources to survive in the country. In case if someone doesn’t have enough funds of his own, he can rely on the Affidavit of Support that USCIS issues, filed by the sponsoring family member or by some third party. No proof may be required if the mode of immigration is employment.

Not All Hope’s Lost, Even After Bankruptcy

In the simplest of words, bankruptcy is one of the hardest financial events that can happen to a person or an organization. Most people would consider it as rock bottom as the uphill battle after bankruptcy is extremely difficult.

However, if you have to declare bankruptcy, now is not the time to sulk and let fate have its way with you. Bankruptcy is a federal remedy designed to help you in this event of turmoil, but you will only be able to make full use of it if you know how to go about it.

What is the solution?

The first thing you need to do is hire a bankruptcy attorney from New York or from wherever you live. Explain your situation to the lawyer, and tell him the following things:

1. What led to this situation

2. How much money you owe to lenders and credit card companies

3. What current source(s) of income you have

4. How many assets you have to your name

An attorney will help you present your case in a court of law in a way that you can get the maximum benefit. The very first thing that you need to know is under which chapter you should file your case. A good bankruptcy attorney will carefully analyze your situation and let you know if you should file under chapter 7 or chapter 13.

How will you benefit?

The idea of filing for bankruptcy is to gain the ability to pay your debts over an acceptable period and/or have the interest rate waved off to a certain extent. If you file for bankruptcy successfully, you will not just be able to get back on your feet, but also be able to avoid being humiliated or harassed by lenders, or whomever you own money to.

You should not feel embarrassed or ashamed to file bankruptcy. It’s common to see people getting injured, sick, or having to take the brunt of someone else’s actions in one way or the other. Regardless of why you became bankrupt, everybody deserves a second chance.

Major deportation policies and conditions that result in removal proceedings

The federal government of the US has the right to order removal of any immigrant not a citizen of the United States. Anyone who is not native to the United States or a naturalized citizen of the country can be asked at any point in time to leave the country by the government for violating certain provisions of the Immigration and Naturalization Act. This process is termed a deportation, also referred to as removal.

There are many conditions under which an immigrant could have a removal proceeding filed against him. Below are a few policies associated with deportation or removal.

In case a visa holder in the country violates his non permanent resident status or any of the conditions of entering the country, he can be ordered removed or deported. If you or anyone you know is facing any such legal troubles, suggest they hire the best immigration lawyer in queens. Removal is a complex procedure with many legal complications, so it’s best to let an expert handle it.

If a visa holder is facing deportation, he will be required to defend himself against the charges in immigration court.

Committing serious criminal activities remains the biggest reason behind green card holders being removed from the country. If you have been convicted of certain crimes, then chances are you may no longer stay in the country.

Other actions that may trigger removal would be failing to enter the United States without clearing customs; failing to make changes with the non-permanent resident status; encouraging other immigrants and helping them enter US illegally; using false documents to enter the country; endangering public safety; and involvement in activities that may risk the country’s national security. 

If you are facing removal proceedings, you will be given a notice to appear (NTA). The notice contains all the details and the reason(s) charging your removal. You can then challenge the proceeding by hiring a deportation lawyer.

Whether or not you can hire a lawyer would be decided in the first hearing. After hiring one, another hearing is scheduled during which the lawyer presents documents to fight on the behalf of his client. If the judgment turns out to be in favor of immigrant, the orders to removal proceeding will be dismissed.

The process involved in deportation!

The US Government may decide to deport an individual out of the country. The procedure begins with issuing an NTA, or the Notice to Appear, to that person to be deported. The NTA contains all the information regarding the person’s nationality, how he entered the country, and his current status in terms of immigration.

The NTA acts like an indictment stating all the reasons as to why the person is being removed from the country. The person is also sent a notice confirming the date of hearing. If the individual fails to attend the hearing he will be ordered removal.

If you know somebody who has received such a notice, it is crucial to immediately contact one of the good New York based state attorneys that specialize in defending foreign nationals stuck in removal proceedings and deportation. The lawyer will work through the entire process and will also fight for your rights.

Removal proceedings are a judicial process. The first step determines whether the person is deportable. The second step determines whether the person is eligible for any type of relief from removal. All of this is done through a series of court hearings and finally, an individual hearing, or trial.

The Individual Hearing: ICE (immigration and custom enforcement) presents arguments and evidence to the judge explaining why the person is subject to removal as per country’s immigration laws. There are many reasons and grounds on which a foreign national could be deported.

A few of these include criminal convictions, overstaying in the country despite visa expiration, lying to the US Government, possible involvement in terrorist activities, and violation of immigration status or visa. If the person entered the country without being inspected he is also liable to be deported.

After the government has presented its case, the person will have an opportunity to present their side and why they are not deportable and/or are eligible for relief. Relief can come in the form of adjusting the immigration status to that of a permanent resident, asylum, withholding the removal, cancellation of removal, and waivers of the offence which made the person liable for removal initially.

Whether the person will be leaving or staying would also depend on how well the defending lawyer fares. If the judge decides in favor of the Government, the foreign national will be ordered deported. If an order of deportation is entered against the person, they will be barred from reentering the country for a period of 20 years.

What makes the role of immigration lawyers so crucial?

There is no formal need to hire an immigration lawyer to enter the US territory as an immigrant. But the laws for immigration are so complex and confusing that people prefer to hire one, to be able to understand the process, and go about addressing it properly.

A good lawyer can increase your chances of immigrating successfully by a very substantial margin. Even what seems like something standard, and harmless like filling out forms, or writing application letters, actually stands the potential to make a big difference.

There are certain states in the US that see more immigrants than others. This is why the immigration lawyers in places like New York and other major American cities (from the point of view of job seekers and students) posess an edge over other attorneys.

This is how they can help you make the process of immigration, easy for you:

1. First, they can guide you how to get sponsorship, in case it is possible. Having relatives that are citizens or permanent residents, especially blood relatives, helps your case as long as you have a lawyer by your side that can tell you how.
2. During immigration being qualified, gifted, and experienced in a certain geographical area can work in your advantage. A lawyer will tell you how. If you need to clear a certain examination (diploma, degree, etc.); he will guide you through that as well.
3. Getting a call letter, an offer letter, or in case of students, getting your application approved from a reputation university or affiliated college, is not as easy as it seems. Once again, a lawyer can either use his contacts to help you along, or just guide you as to what steps you should take, in this regard.
4. Remember, it’s better if your application is accepted the very first time you apply, as your chances tend to decease, the number of times, your application gets rejected, increases. Therefore, it is good to get all the help possible from a specialist.
5. Finally, everyone has different issues related to immigration. You might want to move your company, move with your family, or maybe you are just fighting to avoid getting deported. Either way, expert help insures that you address the matter in compliance with your current circumstances, and work to your advantages.