Families First Coronavirus Response Act: Employer Paid Sick Leave & Expanded Family/Medical Leave — Do I Qualify for Relief?

On March 18, 2020, President Trump signed into law, the Families First Coronavirus Response Act, which requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to the novel coronavirus (COVID-19). Unfortunately, this new law excludes at least half of private-sector workers, including those working at the country’s largest employers. More specifically, this law does not apply to private companies with more than 500 employees.

Immigration Application Basics: What is a Request For Evidence and How Should I Respond?

Whether you’ve hired an attorney to file your request for immigration benefits or you’ve decided to take on the task yourself, no amount of planning and preparation can prevent a Request for Evidence (“RFE”). Even for the most diligent person among us, despite careful planning, checking over all the paperwork, and making sure everything looks right, the immigration officer reviewing your application may still send an RFE.

Does My LLC Need An Operating Agreement?

Plain and simple . . . the New York Limited Liability Company Law requires at a minimum, that all LLCs adopt an operating agreement within 90 days of filing their articles of organization. However, despite this requirement, many LLCs operate on a daily basis without an agreement. While the NY LLC law is strict in its requirements, it is not explicit as to whether a business faces any fines or other consequences for failure to adopt an operating agreement. Given the lax enforcement of these provisions, businesses continue to run without fulfilling this simple requirement.

The Child Citizenship Act of 2000: International Adoptions and Automatic U.S. Citizenship

On October 30, 2000, Former President Bill Clinton signed into law the Child Citizenship Act of 2000, which contains provisions that allow foreign-born, biological and adopted children of U.S. citizens to acquire U.S. citizenship automatically, if they satisfy certain requirements before the age of 18.

Bargaining Power: How To Tell If You Have An Advantage In Contract Negotiations

Bargaining power is often discussed in terms of: who has more leverage? or who has the upper hand? Better said, a party has bargaining power if he/she has the ability to cause a preferred outcome in a transaction. In general, it can be the difference between controlling the entire transaction to terms of your liking and “having no other choice, but to sign the agreement.” There are many factors that can come into play, such as, time, money, influence, authority, etc., that can shift the bargaining power between the parties. Knowing when you have the upper hand is crucial when faced with the challenges that come with negotiating a contract.

I Overstayed My Visa, Can I Still Get A Greencard Through Marriage to A U.S. Citizen?

For those that came to the U.S. on a valid non-immigrant visa, and then through the course of their studies or while working at their job they met someone, got engaged and are now married, it might come as quite a surprise that the immigration laws are very forgiving to people who overstay their visas under these circumstances. In fact, this happens quite regularly in the U.S.

Immigration LawMichael CarboneFebruary 7, 2020Carbone Law, LLCVisa Overstay, Greencard, Immigration, VisasComment

Do I Need An LLC to Start My Business?

So you’ve made the decision to start your own business. Congratulations! For many people, this major life decision often comes with more questions than answers. One question that I hear regularly is, “my friend recently started a new business and she registered as an LLC, do I need an LLC to start my business?”

Don't Sign a Contract If It’s Missing These Five Clauses!

While no two contracts are exactly the same, there are five common clauses that should be found in any well-written contract. No matter the complexity of the contract terms, the five clauses discussed below cover important aspects of the agreement between the parties, including, what happens if the contract is breached, which State law decides how the contract terms are interpreted if the contract is disputed in court, and whether the contract includes any side conversations related to specific terms in the contract.

Contract Law, General Legal PrinciplesMichael CarboneJanuary 7, 2020Carbone Law, LLCContract ClausesComment

Engagement, Marriage and Legal U.S. Immigration Status

Engagement and marriage to a U.S. Citizen is by far the most direct and immediate path to securing legal immigration status in the United States. For that very reason, the United States Citizenship and Immigration Service (“USCIS”) reviews each and every application under a heightened level of scrutiny in an attempt to uncover any evidence of immigration fraud or misrepresentation. Since the path to citizenship is shortened and simplified for individuals who are married to U.S. citizens, the potential for abuse of the system is intensified. Our current immigration laws were written favorably towards fiancés and spouses in an effort to not only promote family unity, but also to ensure that the law was not a direct obstacle to keeping families together. Given the public policy interests for providing this fast track to fiancés and spouses, it is important to note that, despite increased scrutiny, bona fide relationships and marriages will easily overcome any hurdles faced during the application process.

Are Verbal Contracts or "Handshake Agreements" Valid?

Every valid, enforceable contract has three key components: (1) An offer, (2) an acceptance of that offer, and (3) consideration, i.e., a benefit which must be bargained for between the parties. The benefit can be money, a promise to do something or a promise to refrain from doing something. When two parties discuss entering into a contract, most people picture a large stack of paper with all the specifics and details hammered out, the attorneys are in the room and the parties are there to sign that paperwork, which is the physical embodiment of their months of long, drawn out negotiations.

Immigration Law Overview: Who Can Legally Live, Work and Travel Within the United States?

The Immigration and Nationality Act (“INA”) was originally enacted in 1952 and although it has been amended numerous times, it addresses all aspects of our immigration system, including, birthright citizenship, asylum, deportation, travel visas, and legal authorizations to live and work in the United States.

Due to the immense complexity of our immigration laws, it’s quite easy to misunderstand the different ways that someone is legally authorized to live, work and travel within the United States.

Should I Use a Will or Contract Template that I Downloaded Off the Internet?

So, you want to write your own will or you’re in a bind and need a contract, should you use a template that you downloaded off the internet? Maybe, but your safest option is to proceed with caution.

While the internet has made it easier than ever before to have access to free legal templates, it has also created an outlet for increased exposure to legal liability. Besides the ease and affordability of downloading a template, the risks often outweigh the benefits. Choosing to prepare your own will or contract is certainly legal; however, that doesn’t mean you shouldn’t still consider the risks of dismissing professional legal assistance.

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