Tag: Queens

I-485 Adjustment of Status

On July 5, 2011, in Immigration, by John A. Weber IV, ESQ.

I-485 Adjustment of Status

Recently, we have been receiving questions concerning the adjustment of status requirement for obtaining a Green Card.  When applying for a Green Card, you must first adjust your status from that of non-immigrant to permanent resident of the United States by filing an I-485 Application.  Where one files is determined by their category of eligibility.  Depending on their situation, one may have to file in Chicago, Vermont, Phoenix, Dallas or Nebraska.  The usual filing fee is over $1000 unless you fall under an exception such as age, refugee status, etc.  It is difficult to determine how long it will take to receive approval for an I-485 Application.  The process depends on many factors including petition category and security background checks.  You can check the status of your I-485 Application online, by phone/email or in person.  Not everyone is eligible to apply for Adjustment of Status including but not limited to persons not admitted or paroled following inspection by an immigration officer or someone whose authorized stay expired before filing their I-485 or cases of unauthorized employment.  Although not essential, it may often be beneficial for applicants to attain an Employment Authorization Document (EAD) or Advance Parole (AP) travel document.  In addition, drug or alcohol related offenses as well as arrests must be reported on the I-485 application.  If all of the paperwork is in order and satisfactory, it shouldn’t be long before one may receive their Green Card.   As always, if you have any questions regarding the immigration process, please feel free to call us at (516) 858-2620!

Same Sex Marriage in New York

On June 29, 2011, in Family Law, by John A. Weber IV, ESQ.

Same Sex Marriage in New York

As I am sure you have all heard that New York has become the most recent state to allow same sex marriage (which was long overdue).  There may be some “old” concerns for “new” couples hoping to take advantage of the new law.  Issues of pre nuptial and post nuptial agreements need to be considered.  There will also be issues involving divorces and estate planning which need to be considered.  With all of the excitement that is surrounding the passing of this new same sex marriage bill, it may benefit those effected to take a step back and plan accordingly.  Pre nuptial agreements are an excellent way to protect assets and clarify the intentions of both spouses ahead of time (before the marriage) so that there are no surprises later.  Post nuptial agreements are a way for couples to draw a line and add stabilization to a wavering marriage.  Either way, with all of the excitement over the new same sex marriage bill, there are sure to be some questions on the horizon.  As always, if you have any questions about how to design a pre or post nuptial agreement to meet your specific needs, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

Squatter or Holdover Tenant

On June 22, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Squatter or Holdover

Figuring out if the occupant is a squatter or holdover tenant is easier than you would think.  Recently we have received a lot of phone calls regarding situations where landlords are having difficulty with people in their rental properties that they have never signed  a lease with.  In this situation, the first thing that seems to come to the minds of most people is that they are dealing with a squatter.  A quick reference is to look to the amount of time that the intruder is on the property for.  If they are on the property for more than 30 days, then the easiest way to remove them from the premises is via a holdover proceeding.  If the intruder is there for less time, then they may be ejected as a squatter.  Often times, a holdover proceeding seems to give the landlord a more guaranteed approach to recovering their property.  The tradeoff is that with a holdover proceeding, the time to evict is often a little longer.

If you have questions regarding your landlord or tenant and whether or not the situation in which you are involved should be dealt with as a holdover or ejectment, then feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

Power of Attorney for Debt Settlement

On May 12, 2011, in Debt settlement, by John A. Weber IV, ESQ.

We have recently encountered some issues during debt settlement negotiations with creditors.  It now seems to be  an increasing trend that creditors are requiring a power of attorney form, even from your attorney, to discuss the creditors accounts.  Generally, a letter of representation or an authorization form is sufficient.  Don’t be shocked however when they refuse to speak with  any person who has not been given an effective power of attorney.  Although it seems to be a little redundant to have an attorney given such powers (which the retainer has seemingly already given him), the hurdle is minor and is generally easier to comply with than to challenge.  If there are any questions or concerns regarding whether or not granting your attorney the power of attorney is a wise decision, then feel free to call us at (516) 858-2620!

We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their debt issues.

Call (516) 858-2620 to arrange a FREE  consultation with a Debt Settlement attorney!

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