Waivers: Unlawful Presence, Criminal Acts, Deportation, and Removal
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Waivers: Unlawful Presence, Criminal Acts, Deportation & Removal
Whether by overstaying a visa or entering the United States illegally, unlawful presence may complicate someone’s immigration options. Apart from the risk of deportation, an immigrant in unlawful presence may face a 3 year bar, 10 year bar, or permanent bar from returning to the United States. Meaning, if deported, an immigrant who has unlawful presence will be prohibited from returning to the United States.
Similarly, criminal acts may prevent an adjustment of status, if the immigrant is in the United States, or prohibit consular processing where the immigrant is abroad or must go abroad due to an illegal entry.
Common Waiver Topics can be seen here:
- Permanent Bar from 2 or more Illegal Entries
- Marriage Fraud
- Document Fraud
- Crimes
- Deportation
Below are our fees for common waivers. If you do not see exactly what is needed to meet your needs, please contact us.
| Case Type | Attorney Fee | Estimated Processing Fee & associated costs | When would this filing be used by our law firm? |
|---|---|---|---|
| Provisional I-601A | $6500-$9500 | $795 | You have to receive your Immigrant Visa / Green Card outside of the United States, at the Consulate, and you have accrued unlawful presence. |
| I-601 | $6500-$9500 | $1015 | You have to receive your Immigrant Visa / Green Card outside of the United States, at the Consulate, and you have accrued unlawful presence or committed a crime requiring the I-601 Waiver. OR You qualify for Adjustment of Status and need a waiver to overcome a Crime or other Immigration Violation. |
| I-212 | $6500-$9500 | $1175 | You have a Deportation or Removal Order, and you have to receive your Immigrant Visa / Green Card outside of the United States, at the Consulate. |
| Consular Processing (Step-one and Step-two) | $5500 | $1305 | This process is recommended where a spouse, minor child, or parent is outside of the US. If they are located inside the US, and undocumented, this process may or may not be available. Specific details are needed to determine eligibility. Consular Process is a fundamental way to enter the United States legally. Prior Illegal entry or entries into the US can remove eligibility. |
Recent Blog Posts
Teachers are always in demand. They are needed in the public schools, they are needed in the private and religious schools, and they are needed in Native American schools. J-1 Teachers are highly educated and experienced. However, most J-1s have a 2 year home residency requirement, that prevents them from applying for an H-1B Visa and a Green Card after their J-1 Program expires. A school located on a Native American Land, may be a positive alternative for J-1 Teachers. What is a Native American School? There are 183 Bureau-funded elementary and secondary schools, composed of 53 Bureau of Indian Education schools and and 130 Tribally Controlled Schools. The Schools are located on 64 reservations in 23 states, and serves approximately 46,000 Indian students. Tribally Controlled and Bureau Operated School is a distinction that aids with the J-1 IGA Waiver. What is the benefit of the IGA Waiver? The School that is need of a school teacher is able to assist in the J-1 Waiver as an "Interest Government Agency." The Waiver could allow them to remove the restriction and pursue an H-1B Teacher Visa. The Bureau of Indian Education, as well as possibly the Tribe and Bureau of Indian Affairs. Where can I locate Native American School - Teacher Position Openings? The Bureau of Indian Education posts openings on their website, located here: https://www.bie.edu/current-vacancies If you have questions regarding the J1 Waiver, you can set up a consult with our office. NOTE: Another alternative for J-1 Teachers requiring the waiver may be R-1 Visas for Teachers in Religious Schools. More information found here: https://www.fickeymartinezlaw.com/r1-visa-for-school-teachers-at-religious-private-schools-an-alternative-to-the-h-1b-visa Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
An "unacceptable" No Objection Statement from the foreign government or foreign Embassy or Consulate used to be a rare occurrence. In 2024, this issue has been appearing more frequently and by many different countries. The following might be prompts bringing you to this blog post: The DOS Waiver Status states "No Objection (Unacceptable)" The Embassy/Consulate emailed a courtesy letter with incorrect data The Embassy/Consulate emailed a courtesy letter with poor print quality What should I do? The DOS Waiver Review Division would receive the letter and mark it as unacceptable. They would automatically notify the appropriate Embassy or Consulate on the error. The Embassy or Consulate can take a few weeks or months to correct their error. Should I email the Waiver Review Division at 212ewaiver@state.gov ? You can, but responses can take 1-2 months and it would not affect the case as DOS would act immediately on their own and the case status would update as soon as the foreign government corrects their error. If you have questions regarding the J1 Waiver and what to expect next, you can set up a consult with our office. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
An Arranged Marriage is very traditional to India. From the US Perspective, it may have a negative connotation, portrayed as an unusual arrangement, portrayed as a relationship devoid of love, and even a forced marriage. Arranged Marriages can be conducted through parents that are familiar with one another, or through the services of a Matchmaker or Sima Taparia. However, arranging a marriage is also not uncommon in the US. Hometowns commonly have parents know one another, and the children are invited to family gatherings and parties. A simple introduction or exchanging children's contact information can lead to dating and a marriage. The term "arranged marriage" might feel foreign in the US, but a good spouse from a good family is a good practice. A dating period of one month or six months or 1 year might be short for some people. However, love is love, and newly webs also desire to be together. The focus of the US Government is to look for: the spark of love and plans/dreams to be together forever the absence of force or coercion between the spouses This blog post will address how this cultural process, the arranging of marriage, is handled by USCIS and the US Immigration process. Focus 1: Proving the Relationship A relationship is reviewed by USCIS in the I-130 Petition of an Alien Relative. The I-130 process asks for copious amounts of evidence (a deep dive into common marital evidence one can provide can be seen here: https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/bona-fide-marriage-evidence-how-many-photos-does-uscis-want-with-an-i-130-filing ). However, for arranged marriages, the common documents that should be provided in the filing are: plane tickets to visit one another (physical presence is important) communication records (talking is important) Photos together (smiles and happiness is important) Items like joint bank accounts, deeds together, leases together, bills together, those items are common for boyfriends and girlfriends in the US, but they can create financial stress to a young relationship. Divorce is high in the US for many factors, financial being a high factor. However, in an arranged marriage, the finances are a little removed, allowing the young couple to focus on: personality, hobbies, and dreaming of a future together. There are perks of focusing the spouses' attentions to what really matters. Evidences, such as those that focus on financial documents, are less important if they do not exist. Focus 2: Timeline A young relationship may only be a few weeks or a few months old at time of the arranged marriage and starting the I-130 petition. The I-130 filing does take a few months to over 1 year to process. During this processing, the relationship grows, it blossoms, love becomes deeper, dreams become reality, and a strong relationship forms. New Marital Evidence can be supplemented and added to an I-130 filing to strengthen it before it is ever reviewed by a USCIS Officer. Focus 3: Marriage in India The US Embassy System does provide the following information regarding marriage in India: https://in.usembassy.gov/u-s-citizen-services/marriage/ As long as the marriage is properly recorded, the US Government generally accepts the marriage certificate for immigration purposes. Breakdown of the CR-1/IR-1 Spousal Immigrant Process: A Spousal Immigrant Visa can take 1 of 2 forms: CR-1 or IR-1. The difference is the length of the marriage at the time of the Visa Interview. For marriages under 2 years, a CR-1 is provided. For marriages over 2 years, an IR-1 is provided. A CR-1 creates a 2-year Conditional Green Card, whereas the IR-1 creates a 10-year unconditional Green Card. For arranged marriages, the CR-1 Visa is more common when the I-130 is started shortly after marriage. However, if the process does take too long, the filing would automatically change to IR-1. What happens after a 2-year Green Card? An I-751 filing occurs, which allows USCIS to confirm the marriage was with love and allows USCIS to issue a 10-year Green Card or US Citizenship. There are three agencies involved in the CR-1/IR-1 process: USCIS NVC DOS (Embassy/Consulate Division) All three agencies serve a purpose and have particular requirements. Most consider the process as a 2-step process, but a better Step-by-Step Process can be seen here: Part 1 – Petition to Recognize the Relationship – Submit the I-130 Electronically Part 2 – Waiting Period – I-130 Pending awaiting a USCIS Officer to review the filing and supporting documents Part 3 – NVC Processing – Visa fees are paid online, DS-260 is completed, and supporting documents are uploaded. Part 4 – Consulate Interview – NVC provides Mumbai Interview day and time, Consulate Account Registered, Medical Performed, Documents Organized, and Interview Attended. Part 5 – Arrive in the US – Pay the Immigrant Fee, Fly to the United States, Apply/Receive US Social Security Card, and Receive a Green Card in the mail within 3 months after entry. The Mumbai Consulate (New Dehli does not issue immigrant visas at this time) provides the following instructions for consular interviews: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/BMB-Mumbai.html Foreign (Indian) Documents requirements can be seen here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html and an overall document checklist from our office can be seen here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends/ If you would like a consultation for your immigration filing, please contact our office to set up a consultation with our Immigration Attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Teachers are always in demand. They are needed in the public schools, they are needed in the private and religious schools, and they are needed in Native American schools. J-1 Teachers are highly educated and experienced. However, most J-1s have a 2 year home residency requirement, that prevents them from applying for an H-1B Visa and a Green Card after their J-1 Program expires. A school located on a Native American Land, may be a positive alternative for J-1 Teachers. What is a Native American School? There are 183 Bureau-funded elementary and secondary schools, composed of 53 Bureau of Indian Education schools and and 130 Tribally Controlled Schools. The Schools are located on 64 reservations in 23 states, and serves approximately 46,000 Indian students. Tribally Controlled and Bureau Operated School is a distinction that aids with the J-1 IGA Waiver. What is the benefit of the IGA Waiver? The School that is need of a school teacher is able to assist in the J-1 Waiver as an "Interest Government Agency." The Waiver could allow them to remove the restriction and pursue an H-1B Teacher Visa. The Bureau of Indian Education, as well as possibly the Tribe and Bureau of Indian Affairs. Where can I locate Native American School - Teacher Position Openings? The Bureau of Indian Education posts openings on their website, located here: https://www.bie.edu/current-vacancies If you have questions regarding the J1 Waiver, you can set up a consult with our office. NOTE: Another alternative for J-1 Teachers requiring the waiver may be R-1 Visas for Teachers in Religious Schools. More information found here: https://www.fickeymartinezlaw.com/r1-visa-for-school-teachers-at-religious-private-schools-an-alternative-to-the-h-1b-visa Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
An "unacceptable" No Objection Statement from the foreign government or foreign Embassy or Consulate used to be a rare occurrence. In 2024, this issue has been appearing more frequently and by many different countries. The following might be prompts bringing you to this blog post: The DOS Waiver Status states "No Objection (Unacceptable)" The Embassy/Consulate emailed a courtesy letter with incorrect data The Embassy/Consulate emailed a courtesy letter with poor print quality What should I do? The DOS Waiver Review Division would receive the letter and mark it as unacceptable. They would automatically notify the appropriate Embassy or Consulate on the error. The Embassy or Consulate can take a few weeks or months to correct their error. Should I email the Waiver Review Division at 212ewaiver@state.gov ? You can, but responses can take 1-2 months and it would not affect the case as DOS would act immediately on their own and the case status would update as soon as the foreign government corrects their error. If you have questions regarding the J1 Waiver and what to expect next, you can set up a consult with our office. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
An Arranged Marriage is very traditional to India. From the US Perspective, it may have a negative connotation, portrayed as an unusual arrangement, portrayed as a relationship devoid of love, and even a forced marriage. Arranged Marriages can be conducted through parents that are familiar with one another, or through the services of a Matchmaker or Sima Taparia. However, arranging a marriage is also not uncommon in the US. Hometowns commonly have parents know one another, and the children are invited to family gatherings and parties. A simple introduction or exchanging children's contact information can lead to dating and a marriage. The term "arranged marriage" might feel foreign in the US, but a good spouse from a good family is a good practice. A dating period of one month or six months or 1 year might be short for some people. However, love is love, and newly webs also desire to be together. The focus of the US Government is to look for: the spark of love and plans/dreams to be together forever the absence of force or coercion between the spouses This blog post will address how this cultural process, the arranging of marriage, is handled by USCIS and the US Immigration process. Focus 1: Proving the Relationship A relationship is reviewed by USCIS in the I-130 Petition of an Alien Relative. The I-130 process asks for copious amounts of evidence (a deep dive into common marital evidence one can provide can be seen here: https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/bona-fide-marriage-evidence-how-many-photos-does-uscis-want-with-an-i-130-filing ). However, for arranged marriages, the common documents that should be provided in the filing are: plane tickets to visit one another (physical presence is important) communication records (talking is important) Photos together (smiles and happiness is important) Items like joint bank accounts, deeds together, leases together, bills together, those items are common for boyfriends and girlfriends in the US, but they can create financial stress to a young relationship. Divorce is high in the US for many factors, financial being a high factor. However, in an arranged marriage, the finances are a little removed, allowing the young couple to focus on: personality, hobbies, and dreaming of a future together. There are perks of focusing the spouses' attentions to what really matters. Evidences, such as those that focus on financial documents, are less important if they do not exist. Focus 2: Timeline A young relationship may only be a few weeks or a few months old at time of the arranged marriage and starting the I-130 petition. The I-130 filing does take a few months to over 1 year to process. During this processing, the relationship grows, it blossoms, love becomes deeper, dreams become reality, and a strong relationship forms. New Marital Evidence can be supplemented and added to an I-130 filing to strengthen it before it is ever reviewed by a USCIS Officer. Focus 3: Marriage in India The US Embassy System does provide the following information regarding marriage in India: https://in.usembassy.gov/u-s-citizen-services/marriage/ As long as the marriage is properly recorded, the US Government generally accepts the marriage certificate for immigration purposes. Breakdown of the CR-1/IR-1 Spousal Immigrant Process: A Spousal Immigrant Visa can take 1 of 2 forms: CR-1 or IR-1. The difference is the length of the marriage at the time of the Visa Interview. For marriages under 2 years, a CR-1 is provided. For marriages over 2 years, an IR-1 is provided. A CR-1 creates a 2-year Conditional Green Card, whereas the IR-1 creates a 10-year unconditional Green Card. For arranged marriages, the CR-1 Visa is more common when the I-130 is started shortly after marriage. However, if the process does take too long, the filing would automatically change to IR-1. What happens after a 2-year Green Card? An I-751 filing occurs, which allows USCIS to confirm the marriage was with love and allows USCIS to issue a 10-year Green Card or US Citizenship. There are three agencies involved in the CR-1/IR-1 process: USCIS NVC DOS (Embassy/Consulate Division) All three agencies serve a purpose and have particular requirements. Most consider the process as a 2-step process, but a better Step-by-Step Process can be seen here: Part 1 – Petition to Recognize the Relationship – Submit the I-130 Electronically Part 2 – Waiting Period – I-130 Pending awaiting a USCIS Officer to review the filing and supporting documents Part 3 – NVC Processing – Visa fees are paid online, DS-260 is completed, and supporting documents are uploaded. Part 4 – Consulate Interview – NVC provides Mumbai Interview day and time, Consulate Account Registered, Medical Performed, Documents Organized, and Interview Attended. Part 5 – Arrive in the US – Pay the Immigrant Fee, Fly to the United States, Apply/Receive US Social Security Card, and Receive a Green Card in the mail within 3 months after entry. The Mumbai Consulate (New Dehli does not issue immigrant visas at this time) provides the following instructions for consular interviews: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/BMB-Mumbai.html Foreign (Indian) Documents requirements can be seen here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html and an overall document checklist from our office can be seen here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends/ If you would like a consultation for your immigration filing, please contact our office to set up a consultation with our Immigration Attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This is a simple breakdown of the amount someone pays on their federal income taxes. Math isn't everyone's strong suit, but income and profit need to be understood at a basic level. For starter, when most hear the term "tax bracket," they immediate thing of percentage of taxes they will owe the IRS at the end of the year. Numbers or percentages like the following fill the imagination: 10% 12% 22% 24% 32% 35% 37% If someone earns $100k a year, they fear the 22% tax bracket because that is $22k of $100k. However, simply put, the tax bracket operates is steps or phases. For example, in 2024, a Married Couple that has a household income of $100k, would see the following tax brackets: The first $23,200 would be taxed at 10% (i.e. $2,320) The next $71,100 of income up to $94300 would be taxed at 12% (i.e. $8,532) The next $5,700 (to make $100k) of income up to $201,050 would be taxed at 22% (i.e. $1254) So, the overall federal income tax would be $12, 106 versus the general belief of $22k at 22%. Another example may be helpful, but this time a married couple that that has a household income in 2024 at $250k. The bracket breakdown would be as follows: The first $23,200 would be taxed at 10% (i.e. $2,320) The next $71,100 of income up to $94,300 would be taxed at 12% (i.e. $8,532) The next $106,750 of income up to $201,050 would be taxed at 22% (i.e. $23,485) The next $48,950 (to make $250k) of income up to $383,900 would be taxed at 24% (i.e. $11,748) So, the overall federal income tax would be $46,085 versus the general belief of $60k at 24%. A visual may help understand the bracket layout:
Sometimes, our pets are like our family. They are our best friends, there are always eager to see us, and they are a part of our family since their birth most of the time. The thought may pop into your head: what is going to happen to my beloved pet when I pass? Is a friend or family member going to take care of them? Are they going to go to the pound when I pass and eventually be put down? In NC, this worry is very common and a law was created to support and address this concern: N.C. Gen. Stat. § 36C-4-408 A "Pet Trust," also known as a "Animal Care Trust," allows for the pet owner to set up the means to care for their pet (dog, cat, snake, bird, lizard, fish, turtle, guinea pig, rabbit, chicken, rats, hamster, horse, etc.), throughout the pets lifetime and then whatever remains from the trust, can be directed to someone else or a charity. The first focus on considering a pet trust is: who do you trust to take care of the pet? and, who would you trust with money after you are gone? A close friend or family member are ideal people to appoint for administering the trust funds. The second focus is how much do you want the trust to cover? A Pet Trust can cover all of the following: Daily food for the pet Daycare costs of boarded for the day or during long vacations Groomer fees Dog or obedience school fees Veterinarian fees even, cremation and funeral services In North Carolina, a pet trust can be set up affordably and be set up in many different ways. The most ideal way is the set it up while alive, so you know all of the details on how the pet will be cared for after your passing. How do you get started? Contact an estate attorney to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating the trust, they may act as your trustee or help in trustee selection, and explain insurance policies and your ultimate goals. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Setting up a trust to take care of your Spouse, Children, and even Grandchildren is quite easy. A Life Insurance Policy is capable of funding a trust when someone passes. A million dollar term life insurance policy may be as low as $100 a month, and a $5 million term life insurance policy can be as low as $300 a month. A common scenario: A husband wants to make sure his wife and child are taken care of, if he was to pass away over the next 20 years. A trust can be created, instructing on how the wife is taken care of, how the children are taken care of, and whether the wife or children receive the remainder of the insurance policy after so many years or after the wife passes away. An insurance trust (aka Irrevocable Life Insurance Trust or ILIT) can be set up today, to be the game plan for tomorrow or sometime within the term of the life insurance policy. Why use insurance to fund the trust? Cost and security. A million dollars or 5 million dollars is extremely difficult to save. Saving thousands of dollars EACH MONTH is not common or possible for most households, and to keep that saving habit for 20 years in order to save millions of dollars, is not feasible for most. If you saved or invested 1k (about 100$ a month) a year at 6% in the stock market or funds, after 20 years, that investment may be around $40k. By comparison, if you have a $1 million life insurance policy paid to the trust, and the insurance payments were $100 a month, if you passed away, the insurance would create that $1 million savings in the trust. The Insurance Premium is possible, the amount is able to be budgeted, and it is generally available for most household income levels. The insurance would create some security. Should I get a new Life Insurance or can I use an old one? There are pros and cons to old insurance. Similarly, there are pros and cons to new insurance. For old insurance policies, the premiums may be lower, but they usually are named to an individual and not initially to a trust. There are some tax considerations when "updating" old policies and directing them to a trust. For new insurance policies that initially name the trust, the tax considerations are reduced, but normally at the cost of higher premiums (as premiums tend to increase the older one is and due to health matters). Should I get Term Life Insurance or Whole Life Insurance? A mixture of both is not a bad thing. A High Term Life Policy would mean more security while you are younger. If you outlive the term life policy (yay living), the Whole Life Policy would still grow and mature. The mixture of both would mean the trust would remain funded. Now, while you are younger, there is an argument for a higher policy. While young, you normally have: Mortgage Payments Car Payments Credit Card Debt Student Loan Debt Medical Bills Tuition for children You may also have: Higher income producing job The money needed to pay the premiums for a Higher Policy are more accessible when younger. Additionally, since debts are generally higher when young, the High Policy may be able to pay off debts and provide a more secure lifestyle for the loved ones. To Note: A Whole Life Policy generally has higher payment premiums. As an example, a $1 million term policy may have a monthly premium of $100, but a $1 million whole life policy may have a premium of $800-$1200. Who pays the Insurance Premiums and Who owns the Policy? The Insurance trust (aka Irrevocable Life Insurance Trust or ILIT) would own the insurance policy, subject to the life of its creator/grantor. Since the trust owns the policy, the trust would have to pay the insurance premiums. The creator/grantor would need to make sure the trust has sufficient capital to pay the premiums. The trust receives money by its creator/grantor gifting the trust the money (essentially filling its wallet with some capital), and the trustee (the person who will help the trust act when you have passed away) would make sure the payments occur annually. How do you get started? Contact an estate attorney to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating the trust, they may act as your trustee or help in trustee selection, and explain insurance policies and your ultimate goals. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
A rental usually takes one of three forms. First, it may be a prior home that you lived at, and due to moving, or change of circumstance, or due to opportunity, you moved to another home, but you decided not to sell your first property due to rising property values, sinking property values, possibly a good interest rate on the loan, sentimental attachment to the property, or maybe there was a possibility that one day you would return to that home. Second, you are an individual that views properties as, a form of investment. Third, you are a business, which is similar to an individual, and might be what the individual investor becomes once they collect 2 or 3 or 4 or 10 or 20 rental properties. All of these forms hold the rental property as an income producer. A rental property can be a retirement plan, it can be an investment, it can generate cash flow; however, as most landlords know, a rental can also be a liability. Why set up a trust to manage one or multiple rental properties? Safety. If you have ever had the pleasure of being sued by a tenant, maybe it was a counter lawsuit from an eviction, maybe it was from damage to the rental property that the tenant performed, maybe it stemmed from an accident by a third-party. The owner of a property, the landlord, is able to be sued. Lawsuits carry financial risk. Risks SHOULD be reduced and mitigated wherever possible. A trust is essentially the creation of a new legal entity, "a paper clone" of the landlord. The trust would receive its own FEIN number (a ss# equivalent), the trust would be listed as the owner and some fashion, and the trust can determine what liabilities of the landlord Should be left open to. A trust is a tool that helps create safety. Who can set up a trust for rental property purposes? It is recommended to have an estate attorney set up the trust, the ancillary businesses, possibly be the trustee, and hire a property management firm. This description alone summarizes essentially the creation of three or four invisible barriers between the landlord and the tenant/rental property. The rental property should be free and clear of any loans, as loan providers would not generally permit trusts. Loan providers want to hold the landlord personally liable for the debt on the property, and they would not agree to a trust and its invisible barriers. However, if a landlord owns 100% of the equity, the landlord can deed the property to their trust clone for zero dollars. Although there are templates and packages that can be purchased online, the old adage comes to mind: you get what you pay for. What about a virtual lawyer that was found online? That could be compared to a magic trick, whenever a problem arises: Now you see me, now you don’t. Although, invisibility might be a superpower rather than a magic trick. Again, you get what you pay for. If you pay for a local attorney that has a brick and mortar location, very unlikely that they brick and mortar can disappear when a problem arises. The local attorney would charge more than the few-buck template online or the super cheap virtual lawyer, but they are less likely to be a risk or liability, and more likely to be considerably helpful and a barrier to help promote the landlord financial safety So, how does a trust remove the landlord from the equation? Simple, the landlord is the person or entity on the deed. The trust name would appear on the deed versus the landlord name. The trust name should not match the landlords name, such as John Smith named their trust John Smith Realty Trust, as to help differentiate property ownership. Also, if there was a lawsuit, the landlord personally May Not be able to be named, if a few other things occur. For instance: The rental property has a property management company that is the face and rent collector of the operation A business owns the rental property and that business is owned by the trust An estate attorney is acting as the trustee, being the signature on behalf of the trust If I am no longer the landlord, and my trust clone becomes the owner, what happens to the income and profit? The beauty of a trust is that it is a clone of the landlord, and it follows the guidelines or instructions that it was given when it was created. Put another way, the trust will act like a robot, and will do what it’s creator decided. For instance, a simple set up would be the trust was created to own the property and receive the remainder of any rent checks after the property managers fee. 50% of the profit can be paid to the original landlord once a month as a direct deposit to a personal bank account. The remaining 50% is to be automatically placed into a high yield savings account under the trust. From that account, the trust can withdraw from it once a year to pay property taxes and income taxes. The remainder is to stay in the high yield savings account to pay for any unexpected repairs on the rental property. A more complex set up could introduce CDs, stock ownership/investment, purchasing a certain amount of gold and silver, even purchase more land or rental properties either by cash or by loan. As an investment, the complexities can grow to, as much as can be imagined. The catch, once the robot is created, the instructions of what to do are given, the original landlord may not, or should not be able to alter the set up, as to avoid future risks and the liabilities. After all, the goal is safety. Is a trust able to help the landlord with their taxes? Possibly, it depends on how much money is placed in the landlord’s bank account, as that would be calculated as income attributed to the landlord. In and above example, 50% of the income remains in the trust bank account, and 50% distributed to the landlord, the 50% distributed to the landlord would be counted as the landlord income, and 50% that remain with the trust, would be included in the trust tax return. Even clones need to pay their taxes, but there is a major benefit, the bracket of the clone would likely be much lower than the tax bracket of the human landlord. The trust is able to provide security, but also allow the landlord, through a trust, to maintain or build wealth. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The common questions regarding USCIS Processing time estimates on the USCIS Online Account are as follows: Why does the USCIS Online Account Estimate differ from the public USCIS Case Processing time Estimator ( https://egov.uscis.gov/processing-times/#mainContent )? Why does the USCIS Online Account Estimate jump from a few weeks to a few months to a few weeks? The USCIS Online Account Estimate stated progress expected in 1 week, and that was a month ago? Is the estimate correct? Yes and No. Yes, for a small percentage of times. No, for almost everything else. Over the last decade, USCIS has used many metrics to estimate their processing time. The current measure is to pick a few cases, and use the start and end time of the case, including fast cases with slow cases, including cases that were filed correctly with cases filing incorrectly, lacking needed information, lacking needed documents, lacking eligibility. The case sample creates the estimate, which may coincide or may be incorrect. This approach may be considered a "processing time methodology." USCIS also has used a different approach cased "cycle time," which breaks the case into individual cycles, like pre-background check and post-background check. From a third-party opinion observing this online system since its use beginning in 2019, generally the USCIS Case Processing time Estimator ( https://egov.uscis.gov/processing-times/#mainContent ) is more realistic and the USCIS Online Account Estimate is idealistic or not the common timeline. It is common for people to follow the countdown timer and then when it hits zero, they become confused and concerned. In my book or my opinion, that is a sign that the estimate is not correct, or an error. It could be off by a few days, a few weeks, and even a few months. The Public USCIS Processing Time Estimator located at https://egov.uscis.gov/processing-times/#mainContent is more accurate, updates weekly and monthly, and states that a good average or 80% of cases happen within a certain period of time, and at a specific USCIS office. The 100% estimate can be found lower in that same page, signifying the longest possible amount of time. People rarely have similar questions and concerns regarding the Public USCIS Processing Time Estimator ( https://egov.uscis.gov/processing-times/#mainContent ). If you process around the 80% timeline or 100% timeline, you generally see movement. If a case passes the 100% time estimate, you can contact USCIS and USCIS will respond with a possible reason for the delay or can provide comfort that helps reduce worry or concern. How can I make my case move faster? USCIS Processes in the order received. First come, first serve. Expedite requests are performed rarely and on a case-by-case basis. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
SELF-PROVING AFFIDAVIT THE STATE OF NORTH CAROLINA COUNTY OF ONSLOW BEFORE ME, the undersigned authority, on this day personally appeared: Testator’s Printed Name ________________________________________ First Witness’ Printed Name ________________________________________ Second Witness’ Printed Name________________________________________ known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said ________________________________________, Testator, declared to me and to the said witnesses in Testator’s Printed Name my presence that said instrument is his Last Will and Testament and that he/she had willingly made and executed it as his/her free act and deed; and that said witnesses each on his/her oath stated to me, in the presence and hearing of the said, Testator, that the said Testator had declared to them that said instrument is his/her Last Will and Testament, and he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said Testator and at his/her request; and he/she was at the time eighteen (18) years of age or over and was of sound mind; and that each of said witnesses was then at least fourteen (14) years of age. Signature of Testator ________________________________________________ Signature of First Witness ________________________________________________ Signature of Second Witness ________________________________________________ SUBSCRIBED AND SWORN TO BEFORE ME by the said Testator, and by the said First Witness and Second Witness, on this the _______day of ___________________________, 20_____. ______________________________________________ [Official Seal] Notary Public Signature Commission Expires: ______________________ Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The topic of Co-sponsor Withdrawal may be prompted by many different reasons, such as: the Co-sponsor may have lost a job or source of income the Co-sponsor may have a medical condition that is now consuming a lot of their disposable income the Co-sponsor may have started to receive Social Security the Co-sponsor's spouse may have passed or has new financial obligations the Sponsor may have broken up, seperated, or divorced the immigrant the Sponsor may have passed away the Immigrant may not be pleasant, may have cheated in a marriage, or may no longer be a good fit for the Sponsor Whatever the reason, the topic of sponsorship withdrawal comes to mind. The short answer is: everything depends on timing / when to withdraw. The longer answer is as follows. Can you withdraw sponsorship during the I-485 Process or before an Immigrant Visa is approved? Generally, Yes, you may be able to withdraw prior to a Green Card being issued. The reason it is possible if for the fact that another co-sponsor may still be able to be located. There may be some limitations, for some following situations: A Fiance was married, an I-134 was completed prior to the K-1 Visa being issued, the Spouses married and started the I-485. The I-134 may hold the Co-sponsor liable even during the I-485 process. A Co-sponsor submitted an I-134 for a Parole Program (Cubans, Haitians, Nicaraguans, Venezuelans, Ukrainians, etc.), a spouse is able to apply for Adjustment of Status after entry. The I-134 may hold the Co-sponsor liable even during the I-485 process. Can you withdraw sponsorship AFTER the I-485 Process or Immigrant Visa is approved? No, withdrawal after a Green Card is issued is not possible. Some argument can be made for situations where the underlying Relationship was fraudulent. Example being: A spouse left the Sponsoring Spouse immediately after receiving a Green Card. A complaint to USCIS may prompt a fraud investigation, which may re-examine the Green Card Filing and may prompt a Deportation Court proceeding and removal of the Green Card. If the Green Card is removed/canceled, the sponsorship and co-sponsorship would cease as well. This is not a normal scenario, but anything is possible. When does Sponsorship naturally end? The I-864 commitment ends in one of the following scanrios, which were notated in the I-864 before signing: The Immigrant becomes a US Citizen, which can be in 5 years, 3 years, and even much sooner under some special military/government statutes. The Immigrant pays 40 quarters to Social Security, which could occur in 10 or more years. Essentially, the Immigrant held employment consistently for 10 years could end the Sponsorship Commitment. The Immigrant is Deported. The Immigrant Abandons the Green Card, normally by leaving the US for more than 1-2 years or submits the Green Card to Customs at the border or at a US Embassy or US Consulate Abroad. The Immigrant passes away, that ends the contractual sponsorship. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
DISCLAIMER – The information does not constitute legal advice and please be aware that neither this website nor the use of information from this website creates an attorney-client relationship.
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