Do I Need to Speak English to Naturalize and Become a United States Citizen?

If you are eligible to naturalize and become a United States citizen, one of the requirements of the application process is that you pass a series of reading, writing and speaking prompts to show that you have a basic understanding of the English language. When you arrive to your naturalization interview, the immigration officer will speak to you in English. They will ask you basic questions about yourself, such as your name, address and other identifying information. Similarly, they will walk through your application and will likely ask you questions pertaining to the information you provided. In doing so, they are testing your ability to carry a conversation and prove that you're capable of speaking the English language.

Immigration LawMichael CarboneMay 19, 2021Carbone Law, LLCImmigration, NaturalizationComment

5 Reasons to Get That Next Contract in Writing

Although verbal contracts are just as enforceable as written ones, the benefits of putting your agreement in writing far outweigh the costs. The days of shaking hands and hoping for the best are behind us, and COVID may have helped put an end to this relic of the past. Written contracts are far more common today and have become pivotal in -- facilitating business transactions, creating mortgages, transferring ownership of property, and securing employment.

Do I Need A Shareholders' Agreement for My Corporation (If So, What Are Some Common Clauses)?

Whether you've recently formed a corporation or are considering doing so in the coming months, a shareholders' agreement is a useful tool to aid in managing the operations of the company, most especially, if there are multiple shareholders of the Corporation. If you are the sole shareholder then you do not need this type of agreement. However, if you have one or more business partners/investors, then entering into a shareholders' agreement might make a lot of sense for your new company.

Immigration Basics: What is "Unlawful Presence," How Does it Affect My Application and What Are the Consequences?

On April 1, 1997, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), a harsh and extremely restrictive anti-immigration law took effect, which has left a dramatic impact on families and businesses for decades to come. Amongst the many restrictive provisions of IIRIRA, Congress established the concept of unlawful presence, which is defined as the period of time when you are in the United States without being admitted or paroled or when you are not in a "period of stay authorized by the Secretary."

How Does New York Determine Whether I'm An Employee or An Independent Contractor?

When it comes to determining your status as an employee or an independent contractor, New York courts have relied upon a variety of factors to help draw a distinction between these classifications. Although New York and federal employment laws rely upon a series of different tests to classify workers, the main focus amongst each of these is typically the level of control that the employer has over the worker's means and methods of completing the job for which they were hired.

Employment LawMichael CarboneApril 16, 2021Carbone Law, LLCEmployers, Employees, Independent ContractorsComment

Understanding Your Residential Lease Agreement: What is the Implied Warranty of Habitability?

Regardless of whether your lease actually mentions the Implied Warranty of Habitability, this right is automatically built into every single lease in New York City. All landlords are required by law to provide tenants with a safe, clean and livable apartment that does not have any conditions that would be dangerous, hazardous or detrimental to your life, health or safety. Furthermore, if you live in an apartment building, this right extends to the common areas as well. Most importantly, this right can never be waived, so if there is a clause in your lease stating such, it is considered null and void.

If I Move From New York to New Jersey: What Do I Need to Do to Keep My Business Running Legally?

Moving out of New York City comes with some immediate perks, like more space, a lawn, a bigger home and lower taxes. So for most people thinking about moving to New Jersey, the benefits most often outweigh the costs and crossing the bridge becomes a simple choice. However, for business owners, there is one extra item that needs to be addressed during your move in order to ensure that you may continue legally operating your business in your new home state.

I-130 Applications: Here's the Best Evidence to Prove You're in a Bona Fide Marital Relationship, No Matter How Long You've Been Married.

In a previous post, I shared some of the basics of what evidence you must submit with your I-130 Application when attempting to secure immigration benefits for your non-citizen spouse. One of the most heavily scrutinized aspects of the I-130 application, particularly when it comes to immigrating via marriage to a U.S. citizen, is the bona fide marital relationship requirement. Under this requirement, you must prove that your marriage is authentic and not a sham used to fraudulently obtain a greencard for someone else.

Non-Compete Agreements: Can My Employer Really Prevent Me From Working For Their Competitors After I Leave?

Although generally disfavored by New York Courts, non-compete clauses/agreements are still considered enforceable in New York, so long as they meet some basic guidelines. For the most part, any restriction on a person's ability to earn a livelihood will be heavily scrutinized by courts; however, there are equally legitimate interests that employers have a right to protect.

I Just Filed the Certificate of Incorporation . . . Is My Business Ready to Go?

Not quite. Filing the Certificate of Incorporation is the first of several steps towards setting up and running a legitimate business corporation. In a previous blog post, I discussed the basics of avoiding personal liability when it comes to running an LLC or corporation. What follows after filing the certificate of incorporation, helps to protect against exposing yourself to liability and lays the foundation for a successful venture, should you decide to start your own business. For the purposes of this post, I'll cover the basics of what comes after you file the initial organizing documentation for your corporation.

Breaking Down Five Common Contract Clauses (With Sample Language)

While no two contracts are alike, most will include boilerplate clauses that can be found in a wide variety of agreements. These common clauses are usually located towards the end of a contract and cover some basic understandings between the parties. Knowing the impact these clauses have on the overall effectiveness and longevity of an agreement can best prepare you to negotiate effectively. Below you will find a breakdown of the five most common contract clauses, as well as some sample clause language:

The Affidavit of Support: What are the Requirements and My Responsibilities as a Sponsor?

For anyone going through the process of filing for immigration benefits for a family member, the Affidavit of Support is a necessary step before the United States Citizenship and Immigration Services ("USCIS") can fully consider your application for approval. As the sponsor for your non-citizen relative's application, you must sign a contract with the U.S. Government where you agree to use your financial resources to support your relative if and when they are given authorization to enter, live and work in the United States. This contract is known as the Affidavit of Support.

How Do I Prepare for An Effective Legal Consultation With A Lawyer?

If you're lucky enough, you might make it through your entire life without ever having to hire a lawyer. Unfortunately, lawyers are everywhere and we've embedded ourselves in many aspects of society, so that it's practically impossible to avoid hiring us for something. If you want to avoid any troubles with buying your first house, you hire a lawyer. If you want to write a will and ensure that your assets and family are protected, you hire a lawyer. So, when the day finally arrives that you've found yourself in a situation that requires a lawyer, it's important that you come prepared to your first legal consultation, so that the lawyer is in the best position possible to provide the advice, counsel and support that you're seeking.

How to Avoid Personal Liability When Running an LLC or Corporation?

In order to discuss this topic, it's important to gain a basic understanding of the legal concept of "piercing the corporate veil." What this means is that in certain circumstances, when properly invoked, a court may "pierce the veil" of a corporate entity and hold the owners personally liable for the obligations of their corporation or LLC. It allows for a corporation's separate legal existence to be disregarded in order to prevent fraud and achieve fairness. This doctrine is often invoked by a third-party seeking to circumvent the limited liability that is afforded to owners and hold them liable for corporate obligations.

I-130 Application Basics: What Are The Supporting Documents That I Need for My Spouse?

The I-130, Petition for Alien Relative, is the first form that will be filed with the United States Citizenship and Immigration Services (“USCIS”) by all U.S. citizens and Legal Permanent Residents who intend to establish legal residency status for their family members here in the United States. For the purposes of this post, we will focus on applications pertaining to spouses of U.S. citizens, as these are the most common types of cases.

Can I Break My Wedding Venue Contract If COVID Gets In the Way?

The last eight months have changed all of our lives in ways we never could have imagined. More people are working from home, schooling your children over zoom is a nightmare and trying to plan otherwise celebratory events like weddings has become a complete and total mess. For those who planned on getting married this year, they were quickly confronted with the complications that accompany COVID, most especially, the state and local mandated shut downs and now, the indoor occupancy limits.

Started an Etsy Business? Here's How to Make it Legitimate.

So, you’ve started a business on Etsy. Whether you’re creating screen printed shirts, custom leather goods, pottery or furniture, you made the decision to bring your talent, skills and keen eye for design to the masses and sell your products online. Congratulations! Etsy is a great place for those that are looking to turn a hobby into a money making opportunity or grow a business that has quickly jumped out of the idea phase and into reality. If you’ve ever had the thought, “what do I need to do to make this Etsy business legitimate,” this post is for you.

Workplace Screenings After Stay-At-Home is Lifted: Can My Employer Take My Temperature?

Despite the impending deadline of the May 15th stay-at-home order, which will undoubtedly be extended, New Yorkers are starting to imagine what life will be like when the order is fully lifted and people start returning to work. While it’s wishful thinking that things will just return to normal, the reality of this pandemic is that we are very far off from what normal use to look like. Until an effective vaccine is developed and mass produced, we will continue to live in a world of glove wearing, masks and facial coverings and life under the guidelines of the buzz word of 2020 . . . social distancing.

Force Majeure Clauses: Does the Coronavirus Excuse Me From Performing My Contractual Obligations?

Black’s Law Dictionary defines “force majeure clause” as “a contractual provision allocating the risk if performance becomes impossible or impracticable as a result of an event or effect that the parties could not have anticipated or controlled.” Among the countless questions that have been raised during the coronavirus pandemic, one that seems to pop up frequently is whether the coronavirus is grounds for allowing a party to avoid performing their obligations under a contract. The answer really depends on the language in the contract and how New York law interprets these clauses, which unfortunately, is quite narrowly.

Stress + Coronavirus: Tools for Coping While in Isolation

These last few weeks have been quite the test for staying calm while in isolation and apart from friends, family and loved ones. Not being able to live our lives as we normally do definitely has its toll on our sanity. With all of us confined to our homes, normal every day activities like, frequenting our favorite restaurants, traveling on vacation and celebrating special occasions seem like things of the past. Whether you’re struggling financially, juggling work and homeschooling your children or just trying to keep it all together amidst the chaos of this pandemic, managing stress is crucial to maintaining the stability needed to withstand this extended period of isolation.

Michael CarboneApril 3, 2020Carbone Law, LLCCoronavirus, StressComment

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