What is a “green card” ?

Lawful permanent resident status permits a foreign national to live and work in the United States indefinitely. An “LPR” is issued a Form I-551 Permanent Resident Card as evidence of his or her immigrant status in the United States. Once upon a time, the card was indeed the color green, and to this day, it is colloquially referred to as a “green card.”

The process to become an LPR is complex, generally involving a petition by a family member or a prospective employer, and requires an understanding of applicable law and procedures.

What kinds of wishes can I put into a living will?

A living will primarily exists to state and certify your medical wishes in the event you’re not able to do so yourself. It’s often done in tandem with a power of attorney document and will likely name someone to act on your behalf.

A living will is important to outline your wishes pertaining to: life-prolonging medical care, intravenous food and water and ongoing palliative care. This is a document where you can specify how long you’d like to remain in certain medical conditions should your situation be serious enough.

Why is it important to have legal representation in a real estate transaction?

Even in simple, low-value real estate transactions, having an attorney review the details of a contract and do a deeper dive into a property’s history could save a lot of time and money later on.

Attorneys can act on your behalf in an ongoing negotiation and may be able to advise on additional engineering, inspection or other details that you may not have thought of on your own. For higher-value properties, an attorney can also advise how to list those properties in a will or trust.

Can you be deported if you commit a crime?

A non-citizen can be deported if convicted of a “crime involving moral turpitude.” Such crimes generally include fraud, theft, and harming a person or property. There are some limitations to this rule and a “petty offence” exception. However, the term is not defined by the law, so a crime must be analyzed in accordance with court decisions about what constitutes a deportable offense. Even if found deportable, a person may be eligible to apply for relief before an Immigration Judge in removal proceedings.

What documentation do I need to show that I am authorized to work in the United States?

All employers in the United States must ask their employees – including United States citizens – to show that they are authorized to work in this country. The law provides which documents or combinations of documents may be accepted to establish identity and work authorization. For example, a U.S. citizen can present a U.S. passport to establish both and a lawful permanent resident alien, an I-551 Permanent Resident Card. For non-immigrants, authorization to work is determined by an individual’s non-immigrant or intending immigrant status. Some people may obtain an employment authorization document that must be presented to an employer with an identity document, such as a valid passport.

How severe does my disability need to be to qualify for Supplemental Security Income?

The Social Security Administration outlines the severity of the disability as the following: “(The disability) results in the inability to do any substantial gainful activity (income-producing employment over a certain amount), can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months”.

In most cases, applications need to be supported by significant medical and personal documentation specifically showing how and why a disability prevents someone from working on a regular basis.

Are there common New York City-specific legal issues your team works on regularly?

As one of the most vibrant and international cities in the world, New York City residents face unique legal challenges that our decades of experience makes us uniquely positioned to handle.

We help clients through the city’s unique real estate ecosystem, new immigrants find a lawful path to residency and much more. We also understand that the world is changing at a frenetic pace and that affects residents throughout the five boroughs. We’re here to help individuals and businesses alike adjust to new changes and regulations coming from the events of 2020 and beyond.

What is Temporary Protected Status?

Temporary Protected Status (TPS) allows nationals from countries affected by conflict, natural disasters, or other threats to live and work in the United States for a limited amount of time. TPS eligibility requirements include being a national of a country currently designated for TPS, meeting all registration and filing deadlines, continuously being physically present in the United States since the specified date, and continuously maintaining a residence in the United States. Other factors, such as criminal history, may prevent you from qualifying for TPS. If you think you may be eligible for TPS, contact an immigration attorney to discuss your situation.

Download the latest TPS Flyer

What is deferred action for childhood arrival?

The Department of Homeland Security (DHS) views individuals who arrived in the United States as children as low priority cases, preferring to expend its resources elsewhere. Those who meet the requirements for deferred action for childhood arrivals (DACA) may receive this designation for a two-year period, which is subject to renewal.

In order to qualify for DACA, you must fulfill several eligibility requirements, such as demonstrating that you came to the U.S. before you turned 16, showing that you’ve continuously resided in the U.S. since 2007, and proving that you have no felony convictions, among other considerations. Once you receive deferred action, you become eligible to receive employment authorization for the specified period. Learn more about whether you’re eligible for deferred action by contacting an attorney today.

USCIShttps://www.uscis.gov/humanitarian/renew-your-daca

Have a different legal question? Call our offices today at (212) 264-7500 to schedule a consultation.

(212) 264-7500