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Immigration

posted Oct 28, 2017, 10:48 AM by Nick Talwar

E2 Visa
The visa process is daunting and expensive.  If you are a citizen of a treaty country, you may qualify for E2 visa.  You will need to show:

I.  Proof of Nationality of Investor or Applicant

Birth Certificate

Citizenship certificate

Photocopy of passport

Evidence of legal status in home country

Other nationality documents

II.  Ownership Documents: (either A, B or C)

A. Sole Proprietorship:

Tab No.

Shares/stock certificates

Shares register indicating total and outstanding shares issued


Minutes of annual shareholders meeting

Other Evidence

 

B. Partnership:

Tab No.

Partnership or Joint Venture Agreement

Shares/stock certificates indicating total shares issued and outstanding shares

Other evidence

 

C. Corporation:

Tab No.

Shares/stock certificates indicating distribution of ownership, i.e., shares held by each firm and shares held by individual owners corporate matrix

 


If publicly traded on the principal stock exchange of a treaty country, enclose a sample of recently published stock quotations



Public announcement of corporate acquisition corporate chart showing head office and other subsidiary/branch locations in the U.S.
 
Other evidence of ownership





III.  Trade:

 

Tab No.

Purchase orders

Warehouse/custom declarations

Bills of lading

Sales contracts/contracts for services

Letters of credit

Carrier inventories

Trade brochures

Insurance papers documenting commodities imported into the U.S.


Accounts receivable & accounts payable ledgers

Client lists

Other documents showing international trade is substantial and that 51% of the trade is between U.S. and the treaty country



IV.  Investment:

 

Tab No.

A. For an existing enterprise:

(show purchase price)

Tax Valuation

Market Appraisal

 

B. For a New Enterprise:

(show estimated start-up cost)

Trade Association Statistics

Chamber of Commerce Estimates

Market Surveys

 

C. Source of Investment:

Tab No.

Personal statement of net worth prepared by a certified accountant


Transactions showing payment of sold property or business (proof of property ownership and promissory notes) and rental income (lease agreements)




Voided investment certificates or internal bank vouchers and appropriate bank statement crediting proceeds



Debit and credit advices for personal and/or business account withdrawals


Audited financial statement

Annual report of parent company

Net worth statements from certificate professional accountants


 

D. Evidence of Investment:

 

1. Existing Enterprise:

Tab No.

Escrow

Escrow account statement in the U.S.

Escrow receipt

Signed purchase agreement

Closing and settlement papers

Mortgage documents

Loan documents

Promissory notes

Financial reports

Tax returns

Security agreements

Assumption of lease agreement

Business account statement for routine operations

Other evidence

 

2. New Enterprise:

Tab No.

Inventory listing, shipment invoices of inventory, equipment or business related property


Receipts for inventory purchases

Canceled checks or official payment receipts for expenditures


Canceled check for first month's rent or full annual advance rent payment


Lease agreement

Purchase orders

Improvement expenses

Initial business account statements

Wire transfer receipts

V.  Marginality:

A. For Existing Business:

Tab No.

U.S. corporate tax returns

Latest audited financial statement or non-review statements


Annual reports

Payroll register

W-2 and W-4 tax forms

Canceled checks for salaries paid and/or corresponding payroll account


 

B. For New Business:

Tab No.

Payroll register, records of salaries paid to employees (if any), employee data, including names, rates of pay, copies of W-2's



Financial projections for next 5 years, supported by a thorough business plan


Business income and corporate tax returns (proof of registration, ownership, audited financial and review engagements)



VI.  Real & Operating Commercial Enterprise:

 

Tab No.

Occupational license

Business license/business permits

Sales tax receipt

Utility/telephone bills

Business transaction records

Current/commercial account statements

Letters of credit

Invoices from suppliers

Advertising leaflets

Business brochures/promotional literature

Newspaper clippings

VII.  Executive/Managerial/Supervisory/Essential Skills:

 

Tab No.

Letter from E-2 enterprise providing specific information on the applicant and the reasons for his/her assignment to the U.S. The letter must explain the employee's role in the U.S. company (job title and duties), the applicant's executive or supervisory responsibilities or, if not a supervisor, his/her specialist role, the level of education and knowledge required by the employee's position, his employment experience, progression of promotion or high level training or special qualifications and the reasons why a U.S. citizen or legal permanent resident cannot fill the position (if the position is not managerial or supervisory)













Letter from responsible official at U.S. company or office identifying the need for assigned employee.


Organizational chart showing current staffing pattern at U.S. company


Evidence of executive, supervisory or specialized knowledge, education, experience, skills or training, such as certificates, diplomas or transcripts.

 



Trial - Civil Litigation

posted Feb 7, 2017, 6:38 PM by Nick Talwar

Civil litigation encompasses litigation in district and circuit court.  The litigation matter can vary but it will involve going to court and presenting your case to either a Judge or a Jury.  We have been involved in many cases over the years.  Trial can be intimidating to an inexperienced attorney but to an experienced litigator, it is second nature.  

When you have a case that needs to go to court, do not be afraid to take the matter to trial.  A trial can be a good way to receive the Justice you desire.  Only an experienced litigator can properly present your case, so that your side of the story is finally heard.  

When you have been wronged, or when you need to defend your rights, we are their to help you recover.   Call now to schedule a consultation.  586/244.8578 

Immigration - Executive Order January 28, 2017

posted Feb 1, 2017, 11:24 AM by Nick Talwar

The President signed a new executive order on January 28, 2017 with immediate effect.  The Order call for the immediate suspension of travel to and from Iran, Iraq, Syria, Libya, Somalia and Yemen for any visa category, and possibly including permanent residents.  The suspension is to last 90 days and may be extended or modified.  The list of countries may also be amended.

The Order also suspended for a period of 120 days the acceptance of Refugees from anywhere.  Syrian refugees are banned indefinitely.

Why did the President do this?  He says because of the terrorist attack of September 11, 2001, the US needs to review and revise its visa process.  The suspension will ease the administrative burden of the different agencies/departments, so that they may conduct the visa review.  

What is the immigrant to do.  Well, your particular response may depend on where and how you came to the US.  

Does the President have the legal authority to do this?  Maybe, the Courts are still deciding this matter.  But most probably, yes.  Because the President is acting under the national sovereignty and foreign relations.  He generally has broad powers to act.  The only question is whether discrimination will be tolerated.

For an personal consultation, please call our office: 586-244-8578.        

Garnishment and The Consumer Credit Protection Act

posted May 16, 2016, 6:55 PM by Nick Talwar

Are your wages being garnished?  Is your bank account frozen because of a garnishment?  Call out office now to see how we can help.  Depending on your income, you may be immune to garnishment.  At the least, we may be able to file a motion for installment to eliminate your garnishment.  Call now 586-244-8578. 

Immigration and Citizenship

posted May 10, 2016, 8:57 PM by Nick Talwar

Are you eligible to apply for citizenship?  Dealing with the USCIS can be a very daunting process.  You have to know exactly which form and what information to give to the USCIS.  Completing the wrong form or completing it inaccurately can mean months of delay or denial.  Don't get trapped in the maze.  Don't waste your time in trying to know exactly what the government is seeking in your application.  Let an experienced attorney help you complete the right forms and get the process completed.  Call our office now at 586-244-8578 to talk to an experienced immigration attorney.

Fair Debt Collection Practices Act (FDCPA)

posted May 10, 2016, 8:48 PM by Nick Talwar

If you have creditors calling and making your life miserable, your not alone.  But instead of being angry at the collection companies, fight back.  How do you fight back?  The FDCPA.  You as a debtor have rights.  The collection companies have to treat you fairly and humanely.  That means, they can not call you before 9 AM and after 8 PM.  That also means, they generally can not call your place of work.  Also, if they send anything to you in writing, they have to comply with the law.  Call our office now at 586-244-8578 if you received a threatening letter.  We know how to fight back and we may be able to get you some money.  

Fair Credit Reporting Act (FCRA)

posted May 10, 2016, 8:41 PM by Nick Talwar   [ updated May 10, 2016, 8:48 PM ]

You should review your credit report once a year.  Go to annualcreditreport.com and pull your credit report for free.  The three major credit reporting agencies are: Experian, Equifax and Transunion. You should make sure the information listed in the report is accurate. You could increase your credit score by reviewing and correcting the errors. Take a close look at the creditors listing negative information about you. If you have any judgments and they are older then 7 years, you can have that negative information deleted. If you have filed bankruptcy and its been more then 10 years, that information should not be on your credit report. Call out office now at 586-244-8578 to take care of this important check.

School Litigation

posted Oct 7, 2015, 8:01 PM by Nick Talwar

Throughout the years, many clients have come to our office seeking help when their child gets into trouble in school.  The child is usually facing expulsion from school because of his conduct.  The laws in this State are designed to help the student, but the school administrators and teachers usually want the troublesome child out of their school district.  Well, before any action is taken, call our office to preserve your rights.  Your child has a due process right and we will make sure to get the best possible relief.

Criminal Cases

posted Sep 17, 2015, 6:56 PM by Nick Talwar

Getting into criminal trouble is always a dread full position, but fortunately if you have no prior criminal record, you may be able to keep your record clear.  The Homes Youthful Trainee Act (HYAT) has recently been amended to include individuals up to the age of 23.  What this means is if you have no prior criminal record and are over the age of 21, previous HYTA age cutoff, you can still qualify for HYTA if the prosecutor and Judge agrees.  You will need a good advocate on your side to argue for HYTA, so don't always rely on the system to get you the best possible outcome.  Remember, we have an adversarial system.  Therefore, you have to look out for your own interest and do not expect the Judge or prosecutor to help you.  Call us now if you need representation in Wayne, Oakland or Macomb counties, we can step in and help.

Bankruptcy Ch. 7

posted Aug 7, 2014, 5:32 PM by Nick Talwar

So you have a house that is under water and you are thinking to walk away.  Thousands have done the same as you are planning and what are the legal consequences.  Well to start with if you are planning on filing for bankruptcy, that will not relieve you of your post petition obligation for the house like HOA fees.  Also, be aware that the bank will not be in a hurry to foreclose.  The bank have been taking years to foreclose on houses.  So what is the right step for you?  That all depends on what you are looking to do.  If you really want to abandon the house, then be aware that you may have to face a deficiency issue later.  Call the office right now and let us explain the option to you.  One option many have considered is allowing us to find a short-sale partner to help you transition to a fresh start.   

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