What Questions Should I Expect at My §341 Meeting of Creditors?
The majority of my clients ask me what questions they will be asked at the § 341 Meeting of Creditors. I usually provide them with a short list of standard questions and tell them once I complete the petition I will have a better understanding of the possible unique questions related specifically to them. After receiving numerous requests for a list of possible questions asked at the §341 Meeting of Creditors, I decided ...
Testimonial – May 11, 2013 – Immigration Asylum
"Peter took my very complicated case of seeking political asylum and not only worked it in a way where my asylum was granted without a problem, but also provided me with advice and support that go beyond what was his contractual responsibility. He was a friend, as well as a highly professional and successful lawyer. Peter is an outstanding attorney, as well as a great person. Suffice it to say that the immigration officer, when ...
Carson & Kyung Welcomes Another Attorney to Team
Carson & Kyung, A Law Corporation welcomes another experienced attorney to its team -- Dave Sterkin, Esq. Mr. Sterkin previously worked for Oliff and Berridge, PLC as a Trademark Associate, the US Patent and Trademark Office as a Trademark Examining ...
Lowering Drunk Driving Threshold to .05 Blood Alcohol
The National Transportation Safety Board has recommended lowering the drunk driving threshold from .08 to .05 blood alcohol. The report indicates that over 100 other countries have adopted the .05 blood alcohol standard. Europe, for example, was able to reduce their drunk driving related traffic deaths by more than half since adopting the lower ...
New Breathalyzer Detects: Methamphetamine, Cocaine, Heroin, and Marijuana
New Breathalyzer A new breathalyzer can detect 12 different controlled substances, including methamphetamine, cocaine, heroin, and marijuana. According to test case studies, the breathalyzer was accurately detecting drug use in 87 percent of cases. This percentage is similar to blood and urine tests. Vehicle Code 23152(a) Vehicle Code 23152(a) states, "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage ...
8 Points from Gang of Eight’s Immigration Bill
On April 16, 2013, the bipartisan group of senators known as the "Gang of Eight" introduced the bill "Border Security, Economic Opportunity, and Immigration Modernization Act," which would provide for comprehensive immigration reform. This bill would accomplish numerous objectives, but here are 8. The objectives, summarized by AILA, are as follows: LEGALIZATION: Allow noncitizens who are unlawfully present and who entered the U.S. before December 31, 2011 to adjust status to that of Registered Provisional Immigrant (RPI). ...
Zuckerberg (Facebook), Houston (LinkedIn) and Others Push for Comprehensive Immigration Reform
Recently, leaders in the tech community hope to keep the United States competitive in the global economy; namely, by advocating for comprehensive immigration reform. As the Gang of Eight prepares to present its Immigration Bill, and with President Obama's recent change to the procedural aspects of the Hardship Waiver, more and more groups are encouraging Congress to change immigration laws. FWD.us was created for this purpose (with others in ...
Second Most-Charted Female Vocalist Files for Bankruptcy
Dionne Warwick has filed bankruptcy. In 2010, she was listed as one of the most notorious tax evaders of all-time. Her tax debts began over 15 years ago and continued to grow through interest and penalties. While she attempted to pay it ...
USCIS Now Accepting Applications for I-601A Provisional Waiver
Persons who entered the US without inspection or who are otherwise ineligible to adjust their status in the US may now apply for an I-601A waiver for their unlawful presence. Immediate relatives may avoid submitting waivers of inadmissibility based on unlawful presence (those subject to the 3-year or 10-year bar) abroad, thereby circumventing being separated from their families for months while their waivers are in review. ...
6 Steps: Commercial Unlawful Detainers
What happens when I stop paying rent on my commercial lease? Step 1: Communication The tenant's landlord will likely be contacting the tenant. They will want to know why the tenant isn't making payments. The tenant may be able to explain that sales are ...
New Immigrant Fee Started on February 1st
On Feb. 1, 2013, U.S. Citizenship and Immigration Services (USCIS) began collecting a new USCIS Immigrant Fee of $165 from foreign nationals who seek permanent residence in the United States. This new fee was announced on Sept. 24, 2010 to recover costs for filing, handling, processing, and the production and delivery of permanent resident cards. Call Us: (916) 241-3336 By: Peter Kyung ...
Bankruptcy ~ Spousal Support and Child Support
So, you really dislike your ex-spouse and want to get back at him or her by filing bankruptcy and removing those pesky support payments. I'm sorry, but bankruptcy might not be the best option. Debts for a domestic support obligation are not dischargeable. 11 USC §523(a)(5). What about other debts related to separation agreements and divorces? Again, those debts are not dischargeable. Debts to a spouse, former spouse, ...
Do YOU Understand YOUR Contract?
You hired an attorney. She or he wrote your contract. They tell you it protects you and it's "solid." But, do you really understand it? You paid for it. Shouldn't you understand it? This happens ...
I-601A Provisional Waiver
DHS published the final rules on the Provisional Unlawful Presence Waiver of Inadmissibility for Certain Immediate Relatives on January 3, 2013. On March 4, 2013, persons who entered the US without inspection or who are otherwise ineligible to adjust their status in the US may apply for an I-601A waiver for their unlawful presence. Immediate relatives may avoid submitting waivers of inadmissibility based on unlawful presence (those subject to ...
Casey Anthony Files Bankruptcy…yea that Casey Anthony
Remember Casey Anthony from the upsetting acquittal for the murder of her child? Well she filed for a chapter 7 bankruptcy on Friday. The bankruptcy petition alleges that she owes almost $800,000 to about 80 creditors, and she has no source of income. Casey Anthony is ...
DUI-Field Sobriety Tests: the Horizontal Gaze Nystagmus
Most individuals stopped for allegedly drinking and driving will have to perform "field sobriety tests." There are three primary tests that officers use to determine sobriety: the one-leg stand, the walk and turn, and ...
DUI-Field Sobriety Tests: the Walk and Turn
Most individuals stopped for allegedly drinking and driving will have to perform "field sobriety tests." There are three primary tests that officers use to determine sobriety: the one-leg stand, the walk and turn, and the ...
DUI-Field Sobriety Tests: the One-Leg Stand
Most individuals stopped for allegedly drinking and driving will have to perform "field sobriety tests." There are three primary tests that officers use to determine sobriety: the one-leg stand, the walk and ...
Legal Issues in the Sharing Economy
The holidays are just around the corner. Soon, students, professors, and working professionals will be vacationing, which is a perfect opportunity for the Sharing Economy to thrive. The Sharing Economy, sometimes called Collaborative Consumption or the Peer-to-Peer Marketplace, is the term commonly used to describe an alternative to traditional property ownership wherein a property owner agrees to allow a consumer to borrow/rent property from ...
Transfer and Assignment Agreements ~ Don’t lose your intellectual property!
What is a Transfer Agreement? A transfer agreement is used to transfer interests in property to another entity or person. For startups and entrepreneurs, these agreements are usually for intellectual property. Generally, the agreement entails a transfer of ...
Restricted Stock ~ Employment Rewards
What is restricted stock? Restricted Stocks are stocks granted by a company to it's employees. These stocks may not be sold and the company has the right to repurchase them; generally, repurchasing the stocks will occur upon termination of employment. ...
6 Advantages of a Corporation
The Advantages Limited Liability. The debts of the corporation are separate from the shareholders; therefore, the shareholders only stand to lose the amount invested in the corporation. Any personal assets of the shareholders are protected, like their bank ...
9 Purposes of a Buy-Sell Agreement
Why buy-sell agreements? Right of First Refusal. This clause provides current shareholders with the option, and procedure, to buy back shares of another shareholder who desires to sell; Come-Along, Bring-Along, Drag-Along Clauses. These clauses will essentially force minority shareholders to participate ...
Contracts: Boring For You, Exciting For Us!
Here are some tips for you if you're drafting a contract or planning on signing one. Negotiate Unless someone is holding a gun to your head, you are not being forced to sign a contract. Many contracts include a statement that the signor understands the terms and agrees to them. People generally assume that contracts are written fairly. Wrong. You should assume that the contract is one-sided ...
Business Scams! Watch out!
Our firm represents numerous small to medium-sized businesses and we have been asked by many of our clients as to whether they should be paying a particular fee or tax. We want to warn you - look out for phony invoices! At first glance, these invoices might look official but we have received many inquiries on this issue and have saved our clients thousands of ...
The New Benefit Corporation
As of January 1, 2012, California added two new subtypes of stock corporations: the flexible purpose corporation and the benefit corporation. Both of these entities were established with the goal of creating hybrid entities: a hybrid between for-profit entities and non-profit entities. These new "hybrids" ...
916 Hoes – Defamation & Other Potential Legal Liabilities
916 Hoes is a Facebook page with photos, personal information and offensive information about men, women and underage girls. The admins allegedly allow users of 916 Hoes to reveal information about other individuals in the Sacramento region – their sexual activities, orientation and diseases. Sacramento’s media outlets have labeled this page as “Facebook Bullying,” but it caught our attention due the potential legal implications of posting derogatory information on Facebook. Although the vast majority ...
Your Liability for Pre-Incorporation Contracts
Should I sign a contract prior to incorporating my business? Any contract entered into prior to incorporation of your business is a possible liability for you, the "promoter." A promoter is a person or entity acting on behalf of the corporation not yet formed. As a promoter, you remain personally liable on ...
Speed Traps
Did you get a ticket for speeding? The posted speed limit must have been justified. This means that an "Engineering and Traffic Survey" must have been conducted within 5 years* before the date of the alleged violation. *Note that this time frame may be 7 or 10 years ...
The Bankruptcy Process
The Process Step (1): Contact Carson & Kyung for a FREE consultation and let us help you! Step (2): After retaining Carson & Kyung, we will provide you with our Document Checklist. This Checklist will walk you through the steps for gathering the information necessary for completing ...
The Criminal Consequences: First Time DUI
The Charges Unless a special circumstance exists, anyone arrested for driving under the influence of alcohol, drugs, or both is charged with violating Vehicle Code §23152(a) and is prosecuted for a misdemeanor. If the arrestee submitted to a blood-alcohol test and the results show a blood-alcohol content (BAC) of 0.08 percent or more, ...
The DMV Consequences: First Time DUI
Steps of the Department of Motor Vehicles (1) The arresting officer will give you a notice of suspension or revocation of your license. The officer may seize your license at the time of arrest. Vehicle Code §§ 13353.2, 13382, and 23612(f). (2) At time of the arrest, you may be issued ...
Hells Angels Brings Suit Against DHS
The Hells Angels Motorcycle Corporation, a group of motorcycle enthusiasts, is challenging the US Department of Homeland Security due to its policy of barring its members from entering into the US due to its designation as a “known criminal organization.” Hells Angels claim charters in 35 countries and is requesting a temporary injunction that would allow foreign members to be granted visas to travel to the US. Though some of its individual members ...
10,000 U-Visa Cap Met for the 2012 Fiscal Year
The U nonimmigrant visa (U-visa) provides relief to victims of crimes - those who have suffered substantial mental or physical abuse and are willing to assist in the investigation or prosecution of crimes. Congress created the U-visa program to enable law enforcement to effectively investigate and prosecute cases of domestic violence, assault, and other crimes of violence. Victims of crime are provided protection and a way towards obtaining a visa, regardless of their ...
Deferred Action
[caption id="attachment_899" align="alignright" width="300" caption="Carson and Kyung Sacramento Attorneys: Immigration Deferred Action Dream Act"][/caption] What is Deferred Action? On June 15, 2012, the Obama administration announced that it will offer deferred action to certain immigrant children who were brought to the United States. Deferred action provides temporary relief from enforcement, but ...
Bankruptcy: Credit Counseling and Debtor Education
A debtor filing for bankruptcy is required to complete the credit counseling for consumers and the debtor education courses. After successfully completed the courses, a certificate of completion will be issued and should be given to your attorney and the bankruptcy court. If you are filing a joint petition the husband and wife will be required to obtain their own counseling certificates. Please ...
Banks Violating ATM Fee Notice Requirements
Have you ever withdrawn cash from an ATM that is not owned by your bank? You were likely charged an additional fee ranging from $1-$5. Moreover, you likely saw an on-screen warning regarding the fee and an option as to whether you would like to proceed. However, did you notice whether there was an external warning? Did the ...
Discharging Student Debt: Undue Burden
Who doesn't want to ditch their student loans??? I've got plenty, and I'm sure the vast majority of my friends and colleagues do too. The fact is, student loan debt in the United States recently surpassed $1 trillion. The "situation" is only compounding itself with schools continuously raising their tuition rate. So, assuming ...
Please Stay If You’re Gay
John Morton, Director of the US Immigration and Customs Enforcement (ICE) agency, released a memorandum on June 17, 2011 stating that the Department of Homeland would exercise prosecutorial discretion (PD) with respect to deportations, but US House Democrats are saying to the Obama administration that PD is not enough. When exercising PD, ICE is to consider family ties and other positive factors that discourage deportation. Currently, lesbian, gay, bisexual, ...
K-1 to Adjustment of Status Process
The following steps is a general guideline. Carson & Kyung, ALC recommends that you speak to an attorney prior to filing any documents. You may contact us at anytime to assist you. We waive any consultation fees if you sign! (1) Petitioner must fill out the I-129F and attach requisite documents. (2) ...
“You Can’t Screw Me!” On Bylaws and Operating Agreements
What are bylaws? What are operating agreements? Are they required? How important are they? Bylaws and operating agreements are similar in that both set forth how the business entity is to be run and operate. Though they are not required, we strongly recommend all of our corporate clients to have bylaws and LLC clients to have an operating agreement because of the important functions they serve. Bylaws and operating agreements help achieve goals. Corporations and ...
5 Questions and 5 Reasons to Consider Bankruptcy
Questions to Ask: Are you unsure of how much debt you actually owe? Do you personally feel burdened from the debt? Are creditors calling you? Do you only make minimum monthly payments on your credit cards? Do you use credit cards to pay for food, gas, and other necessities? If you answered yes to any of the above questions, Bankruptcy might be the right path for you. Contact us ...
What are Exemption Laws?
Generally, each State has a different list of exemption laws. Exemption laws are a tool that may be used to protect your property from creditors. If your property falls within an exemption law, you are allowed to keep that property. If your property is not exempt however, the Bankruptcy Court Trustee may take your property and sell it. The proceeds from the sale ...
Ten Ways Immigrants Help Build and Strengthen Our Economy (whitehouse.gov)
A recent blog post by whitehouse.gov writes: How do immigrants strengthen the U.S. economy? Below is our top 10 list for ways immigrants help to grow the American economy. Immigrants start businesses. According to the Small Business Administration, immigrants are 30 percent more likely to start a business in the United States than non-immigrants, and 18 percent of all small business owners in the United States are immigrants. Immigrant-owned businesses create jobs for American workers. ...
Carson & Kyung Practices in the Clouds
What is cloud computing? The American Bar Association describes cloud computing as "a category of software that's delivered over the Internet via a Web browser (like Internet Explorer) rather than installed directly onto the user's computer." What are the benefits of cloud computing? Cloud computing reduces IT costs. These reduced overhead costs allow our firm to provide clients with lower attorneys' ...
San Bernardino Files Bankruptcy with Cooked Books
http://youtu.be/M2rWyAJj_wg What!?!? Another city filing bankruptcy!?!? It's true. San Bernardino is the latest city to file for Chapter 9 Bankruptcy. Stockton and Mammoth Lakes also filed for Bankruptcy in the last two weeks. However, San Bernardino stands apart from the other cities because they "cooked" the books for 13 of the past 16 years. Basically, the City claimed to have a surplus when in reality, they had a deficit! This could result in an investigations for ...
Discharging Tax Debt
So you owe federal income taxes. Generally, you will hear they cannot be discharged in Bankruptcy; however, that is not always the case. In fact, filing a Bankruptcy may initiate the automatic stay which could stop IRS bank account levies and wage garnishments. Check out our previous blog for more information on the automatic stay. Personal income taxes are considered a ...
DHS to Offer Deferred Action to DREAMers
GREAT NEWS! The Department of Homeland Security (DHS) announced that it would defer action against individuals who meet the following criteria: Came to the United States under the age of sixteen; has continuously resided in the United States for a least five years preceding June 15, 2012 and is present in the United States on the date of this memorandum; is currently in school, has graduated from high ...
Taxes on my short-sale!?!?!
Do you have a home equity line or a second mortgage? Are you considering a short-sale or letting your house go through foreclosure? Hold those thoughts and read on... If you borrow money and the lender later cancels or forgives the debt, the cancelled amount may be a taxable event. Cancelled or forgiven debt is considered income because you received a benefit from it. Therefore, you may have ...
8 SHOCKING Truths About Undocumented Workers!
An article recently released by InsuranceQuotes.org provides us with "eight facts about undocumented workers that may run counter to the anti-immigrant rhetoric that continues to cloud intelligent debate." They can solve the country's unemployment problem. Most undocumented workers come to the U.S. to work, not to take advantage of free government services. Undocumented workers do pay taxes, including sales tax on things they buy, property tax if they rent or own a home, and income ...
US Trusted Traveler Program Extended to South Korea and Singapore
US Customs and Border Protection agency's Trusted Traveler Program allows "the travel process faster, easier, and more secure for travelers." Eligible travelers are pre-screened and allowed to bypass immigration and customs at automated kiosks sited at over 20 major US airports. This program has recently been extended to South Korean and Singaporean nationals who travel frequently to the US. This bilateral agreement and program requires collection of biometric information, such as fingerprints, ...
Crowdfunding? Kickstarter? I just want to start a business!!
I am frequently asked questions about how to start a business and how to get funding. I have done several seminars on the subject and decided to share some of my favorite websites and give a general overview. What is crowdfunding? In April, the President signed in to law Jumpstart Our Business Startups (JOBS) Act. The Act reduces the barriers for funding small startups and changes restrictions, ...
Carson and Kyung Out and About
Mark Montgomery, Trevor Carson, Peter Kyung Dr. Tom Bhe, Peter Kyung, Trevor Carson Trevor Carson, Alex Medina, Peter Kyung, Dennis Chappabitty, Linda Amelia Assembly Member Jeff Miller, Roger Niello, Trevor Carson, Peter Kyung, Dr. Tom Bhe
Yelp Extortion Continues
As I previously discussed in the post Yelp Extortion, there was recently a Sacramento business owner who was blatantly extorted through Yelp. This story has picked up steam and is receiving a lot of attention. The Huffington Post recently wrote an article on the business and the business owner will be appearing on a national news television show this week to ...
Jamal Lewis Files Bankruptcy
In 2003, Jamal Lewis broke the single-day rushing record: he ran 295 yards. Now, Jamal Lewis is filing Chapter 11 Bankruptcy. He listed $14.5 million in assets and $10.6 million in debt. It appears that multiple houses, expensive cars, and failed real estate ventures, caused the economic downfall of Jamal Lewis. Check out Jamal Lewis' Chapter 11 Bankruptcy petition here. An article by Sports ...
Yelp Extortion
The Sacramento Bee had an article this week shedding light on extortion tactics through Yelp. You can read the Sacramento Bee's article here or check out CBS's article. The article discusses co-owner Sonny Mayugba's Red Rabbit Kitchen and Bar at 2718 J Street and his recent experience with Yelp Extortion. In essence, this type of extortion is not accomplished through traditional threats of violence, but ...
U.S. Suffering from Brain Drain: Take Your Graduate Degree and GTFO!
The world's brightest minds are leaving the US, taking their highly technical skills and knowledge to Chile, Russia, Singapore, India, China, and other countries that want to create their own Silicon Valley. So what is causing this large-scale emigration of the world's most talented and entrepreneurial individuals, thereby hurting our economy? Our unreasonably rigid immigration laws. Recently, lawmakers have proposed the F-4 nonimmigrant visa to help the US remain globally competitive in science ...
‘Octomom’ Bankruptcy Thrown Out by Court
Nadya Suleman filed Chapter 7 Bankruptcy on April 30, 2012. According to the court documents, Suleman estimated her debts to be between $500,001 and $1 million; however, her assets were only around $50,000. Suleman's house was also in foreclosure proceedings and was scheduled to be sold to the highest bidder on May 7, 2012. When she filed Bankruptcy, an "automatic stay" was placed on ...
Tech Startup Hacks US Immigration System
Most, if not all, tech companies face challenging obstacles when having to deal with the immigration process, which quite often proves detrimental to the US economy. A new start-up company called Blueseed hopes to circumvent the limitations of US immigration law by buying a ship and turning it into an island to be anchored 12 miles off the coast of California in international waters. Currently, US immigration laws make ...
USCIS Announced Re-Designation of Somalia for TPS
On May 1, 2012, USCIS announced a re-designation of Somalia for temporary protected status (TPS) and an extension for existing TPS designations, which allows qualifying Somali nationals in the US to (re-)register for TPS. Re-registration is required from May 1, 2012 to July 2, 2012. In order to be eligible, the applicant must: Be a national of Somalia, or a person without nationality who last habitually resided in Somalia; File during the open initial registration period (May 1, ...
SCOTUS Grants Certiorari in Padilla Retroactivity Case
The US Supreme Court recently announced its decision granting certiorari (review) of Chaidez v. US. The Court will consider whether Padilla v. Kentucky applies to individuals whose convictions became final prior to Padilla. In Padilla, the Court held that criminal defense attorneys have a duty to advise their non-citizen criminal defendant clients that a criminal conviction will subject them to deportation - a failure to do so would be a violation of the non-citizen criminal ...
The New Flexible Purpose Corporation
As of January 1, 2012, California added two new subtypes of stock corporations: the flexible purpose corporation and the benefit corporation. Flexible purpose corporations permit companies to pursue both economic profit and social objectives. Traditionally, an organization needed to be either nonprofit or for-profit. This new stock corporation subtype will allow for a hybrid of nonprofits and for-profits. One of the primary benefits ...
Bankruptcy: The Automatic Stay
The automatic stay is a fundamental protective measure for debtors. This protective shield is automatically initiated when the bankruptcy is commenced. Generally, the stay prevents actions against the debtor, the debtor's property, or the property of the estate. The Bankruptcy Code prevents the commencement or continuation of a case against a debtor. Therefore, an entity would be violating the Bankruptcy Code if, ...
K-Visas: Fiancé(e)s, Spouses and Children of U.S. Citizens
The K-1 nonimmigrant visa allows a US citizen to petition for a fiancé to enter the US in order to marry the US citizen petitioner. In order to qualify, the couple must show that (1) they have met at least once in person within the past 2 years, (2) they have a bona fide intention to marry, and (3) they are legally able and willing to marry in the US ...
The Answer to a Complaint
You received a complaint that says you're being sued. Now what? The first step is to respond. This will let the court know you're contesting the lawsuit. Generally, you're given 30 calendar days to file a written response with the court. If you fail to respond within those 30 calendar days, the other party may get a default judgment against ...
New Practice Tests for Naturalization Interview
On April 10, 2012, the Office of Citizenship released three new practice tests for the naturalization interview. Please refer here. Call Us: (916) 241-3336 By: Peter Kyung Google+ | Twitter | LinkedIn | Avvo | Facebook
What is a Reaffirmation Agreement?
Although debt may be dischargeable, there may be reasons for you to continue making payments. The most typical example would be your vehicle. The money you owe on your vehicle is secured by the vehicle itself. Without signing a reaffirmation agreement, the lender may have the legal right to repossess your vehicle. A reaffirmation agreement is essentially a new contract between ...
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USCIS Now Accepting TPS Applications for Syrians
USCIS is accepting Temporary Protected Status (TPS) applications for Syrians in the US as of March 29, 2012. In order to be eligible, the applicant must: Be a national of Syria, or a person without nationality who last habitually resided in Syria File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation (March 29, ...
Waivers of Inadmissibility Process Change Proposed by USCIS
The US Citizenship and Immigration Services (USCIS) posted a proposal in the Federal Register that would allow spouses, children, and parents (ie: immediate relatives) of US citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the US. This would reduce the time immediate relatives are separated from their US citizen sponsor since immediate relatives would otherwise be required to ...
Business Formation: What’s in a name?
Choosing a name for your business is one of the first steps in incorporating, and one of the most important. The name sets the stage for your branding. Is the name easy to remember? Consider the length of the name. For example, depending on your type of business, a shorter name may be cheaper. Fewer letters in the signage, stationary, labeling, and ...
The Importance of a Properly Drafted Commercial Lease
Several rights and liabilities originate from the lease agreement; hence, it is essential that you properly review every line in your commercial lease agreement. Here are a few considerations: The lease governs whether the landlord may enter the premises. If the landlord is permitted entry, for what purposes are they allowed and does s/he need to provide notice prior to entry? If there is no ...
Applications for Syrians Seeking Temporary Protected Status
Syria was recently a designated country for Temporary Protected Status (TPS) by USCIS due to the political instability in Syria. Under TPS, Syrians who are now in the US will soon be able to apply for an 18 month initial TPS and employment authorizations with extensions thereafter. Though USCIS has instructed applicants not to submit applications yet, with more guidance in the following weeks, now is the time for ...
Breach of Duty of Good Faith and Fair Dealing
"There is an implied covenant of good faith and fair dealing in every contract that neither party will do anything which will injure the right of the other to receive the benefits of the agreement."1 In essence, the covenant is designed to ensure parties to a contract deal with each other honesty and fairly. For example, Party X guarantees a minimum amount ...
Business Services Radio Advertisement
Have you heard our Business Services radio advertisement? Check it out below or online on Vimeo or Youtube! Carson and Kyung Sacramento Attorney Business from Carson & Kyung Sacramento on Vimeo.
The Consequences of DOMA in Immigration
The Defense of Marriage Act (DOMA) was passed by Congress in 1996, which defines marriage as a legal union between one man and one woman. Since the federal government has the sole power to regulate all aspects of immigration, immigration agencies apply DOMA's definition of marriage. As of today, a number of states and foreign countries permit same-sex marriages; however, lawfully married gay and lesbian spouses cannot successfully petition for their spouse for the same ...
100 Civics Questions & Answers for Naturalization Exam
The 100 civics questions is given orally and the USCIS Officer will ask up to 10 questions. The applicant must answer 6 out of 10 questions correctly to pass. If the applicant is 65 years of age or older and has been a lawful permanent resident for 20 or more years, (s)he may just study the questions marked with an asterisk. These questions are available in audio here. AMERICAN GOVERNMENT A: Principles ...
Should You Form a Limited Liability Company?
A Limited Liability Company (LLC) is basically a hybrid of a partnership and a corporation, taking all of the good elements from each entity and leaving the bad ones. We have listed a few of the positive aspects related to forming an LLC in this post; however, your particular situation may vary and you should contact us for a consultation to ensure you form the best entity for ...
What entity should my nonprofit corporation be?
When forming a Nonprofit California Corporation, you must decide what type of entity your corporation will be: public benefit, mutual benefit, or religious. This decision is incredibly important because each entity effects, for example, it's members, directors, investment standards, Attorney General investigations, and filing and reporting requirements differently. Moreover, choosing the wrong entity may result in the Government rejecting your incorporation documents or your tax exemption status. Here is a ...
Carson & Kyung’s Office
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Are you eligible for a Chapter 7 Bankruptcy? The “Means Test”
As briefly discussed in our last post, Are you eligible for a Chapter 7 Bankruptcy? The Income Factor, if your current monthly income is more than the median income, you will have to successfully pass the "means test" in order to file a Chapter 7 Bankruptcy petition. The means test is a tool designed to prevent high earners from filing Chapter 7 Bankruptcy. In practice, if your current monthly ...
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Bankruptcy Animoto Advertisement
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Are you eligible for a Chapter 7 Bankruptcy? The Income Factor
The Bankruptcy Court will consider several factors and criteria when determining whether to grant your petition for Chapter 7 Bankruptcy. This post will discuss the most fundamental factor, income. In essence, your income cannot exceed a certain amount set by Department of Justice and the U.S. Trustee Program. This amount frequently changes and is based on Census Bureau Data. The Bankruptcy Court weighs income heavily because it's an indication of whether you can repay your debts and whether ...
Immigrant Founders Behind 46% of America’s Top Venture-Funded Companies
Foreign investors and professionals struggle to obtain US visas due to the US’s immigration policies, thereby hindering economic growth. The National Foundation for American Policy (NFAP) recently released a report demonstrating the important role immigrants play in economic growth. Among these findings include: 46 percent of America's top venture-funded companies had at least one immigrant founder 74 percent had at least one immigrant holding a top-level management position (the positions of CEO, CTO, and VP were most ...
US Deports 46,000 Parents of Citizen Children in Six Months
According to the Applied Research Center (ARC), the US deported more than 46,000 parents of US-citizen children between January and June of 2011. Though the data does not reveal the precise details of each family affected, the ARC estimates that there are at least 5,100 children in foster care due to these deportations. Further, the ARC projects that at the current rate, this number could reach a staggering 15,000 in the next five years. This ...
Morton’s Prosecutorial Discretion Memoranda
In June of 2011, US Immigration and Customs Enforcement (ICE) Director John Morton released two memoranda on ICE’s authority to not enforce immigration laws, otherwise known as prosecutorial discretion. The memo aims to direct ICE’s limited resources to target recent undocumented immigrants, persons who pose a danger to national security or public safety, and individuals with a repeated record of immigration violations. Most notably, the primary memorandum calls on ICE attorneys and employees to avoid pursuing ...
Benefits of Filing a Joint Bankruptcy
A married couple may file a single petition for bankruptcy, but the couple must be legally married at the time the petition is submitted. The benefits of filing a joint case include, among many others, less attorney’s fees and potentially more beneficial exemptions under the Bankruptcy Code. Furthermore, filing a joint case reduces the administrative headache with trying to file multiple petitions and reduces the filing fees. For example, each petition filed requires the payment ...
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