Practice Areas AREAS OF PRACTICE

Our Practice areas are focused on providing legal solutions for all your Immigration and Business needs. Please see below for area specific details.

Plus LITIGATION

We represent clients confronted with disputes, which can arise from breach of contract, negligence, unfair trade practices, fraud, misrepresentation, non-competes’, Eminent Domain, Torts and Product liability litigation in Federal Courts.

Our areas of representation include :

  • Product Liability
  • Personal Injury
  • Condemnation
  • Breach of contract
  • Breach of employee non-disclosure agreements
  • Breach of fiduciary duty
  • Breach of non-competition or non-solicitation agreements
  • Intellectual property rights issues
  • Negligent misrepresentation
  • Slander and libel
  • Tortious interference or intentional damage of a business relationship
  • Unfair competition
  • Business disputes
  • Collections
  • Franchise issues
  • Warranty problems for homes, autos and equipment
  • Fraud and misrepresentation

Plus BUSINESS LAW

ENTITY CHOICE AND FORMATION

General corporate legal services are provided, including Entity formation, corporation acquisitions and transactions. This firm also provides advice regarding other types of entity formations, such as Series LLC’s, Sub S Corporations etc.,

An entity may be formed to start a new business, combine existing businesses, invest in real estate are just to name a few. Some of the common entities are described below:

SOLE PROPREITORSHIP OR GENERAL PARTNERSHIP: These two are the most basic entity and is simply formed when one or more persons join to carry on a business for profit. Each partner is individually liable for the obligations and no formalities are required. If business is conducted under the assumed name than an assumed name certificate must be obtained

LIMITED PARTNERSHIP: A limited partnership is a partnership with one or more general partners and one or more limited partners. This entity is designed to protect the limited partner’s assets at the expense of control over the partnership’s day-to-day operations. The general partner(s) are treated the same as a general partnership while the limited partner(s) are protected from liability for the partnership’s obligations.

LIMITED LIABILITY PARTNERSHIP: A limited liability partnership is a partnership in which the individual liability of the partners is limited. Generally, the partners are not liable for the partnership’s obligations.

CORPORATION: A corporation is a separate and distinct entity from its owners, or shareholders. In Texas a Corporation can only be filed by filing articles of incorporation. The shareholders are insulated from liability for the corporation’s obligations and may or may not participate in management of the business.

SUBCHAPTER S CORPORATION: A subchapter S corporation, or S-Corp, is simply a corporation whose owners have elected to treat the company’s profits as partnership profits under Subchapter S of the tax code.

PROFESSIONAL CORPORATION: A professional corporation is similar to the corporation described above. However, a professional Corporation does not offer limited liability protection for the professional malpractice of its member shareholders.

LIMITED LIABILITY COMPANY: A limited liability company is a separate entity from the business owners, much like a corporation. However, the rules governing them are much more flexible and the entity can be designed to operate how the owner’s choose. A Series Limited Liability Company (“SLLC”) is another good entity. A SLLC is basically multiple entities within one company and each entity has its own identity and existence. So if you are an investor, instead of having multiple entities for multiple properties, you could have a one series LLC and each component within Series LLC could each own a property without having to go through forming multiple entities. Each Series within a company can have its own business purpose, own assets, separate liabilities and need not even have same members for all Series all this comes with the protection of limited liability for each individual Series

The choice of entity depends on many factors like goals of business, liability protection, number and type of owners, risks involved in business, minimization of income and related taxes, availability of capital etc.

CONTRACTS

A well-drafted contract can avoid many legal pitfalls. An ambiguity in the construction of the contract will always be construed against the party who drafted the contract. It is imperative that apart from legal boilerplates you must include and tailor the terms to your needs. We can assist you with contracts listed below or any other contract.

  • Buy-Sell Agreements
  • Business start-up agreements
  • Entity Formation documents
  • Operating agreements
  • Shareholder agreements
  • Confidentiality agreements
  • Independent Contractor agreements
  • Employment contracts
  • Intellectual Property licensing agreements
  • Software licensing agreements
  • Construction contracts

Plus REAL ESTATE

We can help you with development, acquisition or disposition, or leases of Office, Retail, Industrial, and Hotels. We review, draft and negotiate Real estate purchase agreements, Commercial leases, 1031 exchange documents.

Plus IMMIGRATION

EMPLOYMENT BASED VISAS

Employment Based Non-Immigrant Visa:

  • E-1 - Treaty Trader Visa
  • E-2 - Treaty Investor Visa
  • E-3-Certain "specialty occupation" professionals from Australia.
  • H-1B - Specialty Occupation (Professional) Visa
  • H-2A - Seasonal Agricultural Visa
  • H-2B-Temporary non-agricultural workers
  • H-3-Trainees other than medical or academic.
  • I-Representatives of foreign press, radio, film or other foreign information media.
  • J-1 - Exchange Visitor Visa
  • L-1A - Intracompany Transferee Visa for Managerial Positions
  • L-1B - Intracompany Transferee Visa for Specialized Knowledge Positions
  • O-1 - Extraordinary Ability Visa
  • P-1 - Athletes and Group Entertainer Visa
  • P-3 -Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.
  • Q-1-Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien's home country.
  • R-1 - Religious Worker Visa
  • TN - North American Free Trade Agreement Visa

Employment based Immigrant Visa:

  • EB-1–i. Persons of Extraordinary Ability in the arts, sciences, athletics, education, or business, ii. Outstanding Professors and Researchers and iii. Multinational Executives and Managers
  • EB-2–i. Members of professions with advanced degrees, meaning a Master’s degree or equivalent. Candidates must complete a labor certification process. ii. Exceptional ability in the sciences, arts, or business, iii. National Interest Waivers– Individuals who can show national significance to their skills. Candidates do not have to complete the labor certification process.
  • EB-3–i. Skilled workers, ii. Professionals, and iii. other workers subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature. Labor certification process is required.
  • EB-4 –Special immigrants:
    • Religious Ministers and Workers
    • Broadcasters
    • Iraqi/Afghan Translators
    • Iraqis Who Have Assisted the United States
    • International Organization Employees
    • Physicians
    • Armed Forces Members
    • Panama Canal Zone Employees
    • Retired NATO-6 employees
    • Spouses and Children of Deceased NATO-6 employees
  • EB-5 –Investment visa, this category is for those who have invested at least $500,000 in a target investment area or at least $1 million in a non-target investment area.

VISAS FOR VICTIMS OF CRIME

Victims are not required to be in legal immigrant status but they must have been a victim of crime. Depending on the circumstances, their options include:

  • Violence Against Women’s Act (VAWA): This option is for victims of domestic violence for child, parent, current or former spouse of U.S. Citizen or permanent resident.
  • U Non-immigrant Status: This option is for victims of criminal activity that violated a U.S. Law and suffered physical or mental abuse or injuries.
  • T Non-immigrant Status: This option for victims of severe forms of trafficking in person who assist law enforcement for investigation and prosecution of trafficking cases.

FAMILY BASED VISAS

Non - Immigrant Visa

  • K-1 Fiance(e) Visa
  • K-3 Spouse of U.S. Citizen
  • V visa for spouse and children of Lawfull permanent resident to travel to the United States to wait for processing of the immigrant visa.

Immigrant Visa

You may be able to get a green card as an immediate relative or as a family member in a preference category. Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate. Immediate relatives are Child, Spouse or parent if a U.S. Citizen. A permanent resident may petition for his/her spouse and unmarried child(ren) of any age to immigrate to the United States. Categories are:

  • Immediate Relatives -Parents, spouses and children under 21 of U.S. Citizen
  • First Preference - Adult unmarried sons and daughters over 21 of U.S. Citizen
  • Second Preference -
    (a) Spouses and minor children of Legal Permanent Resident
    (b) Unmarried adult sons and daughters over 21 of Legal Permanent Resident
  • Third Preference - Married sons and daughters of U.S. Citizen
  • Fourth Preference - Brothers and sisters of U.S. Citizen
  • VAWA - Battered spouse or child of U.S. Citizen or Legal Permanent Resident
  • Military parent, spouse or child
  • Adopted children

I-9 COMLPIANCE

Employers must fill out and keep a Form I-9 for every employee hired on or after November 6, 1986. Employers must do an I-9 form for every employee, not just those who appear to be non-citizens. The Form I-9 must be completed within three business days of the date employment begins. The Law provides for penalties from $100 to $1,000 for each incorrect or missing I-9. The employer is required to verify documents for both identity and authorization to work in the United States.

  • List A documents establish both identity and authorization to work in the United States.

    List A Documents

    These documents establish both identity and employment eligibility. The applicant may show any one of these documents to complete the I-9 Form.

    • U.S. Passport (unexpired or expired)
    • Certificate of U.S. Citizenship (INS Form N-560 or N-561)
    • Certificate of Naturalization (INS Form N-550 or N-570)
    • Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization
    • Alien Registration Receipt Card with photograph (INS Form I-151 or I-551)
    • Unexpired Temporary Resident Card (INS Form I-688)
    • Unexpired Employment Authorization Card (INS Form I-688A)
    • Unexpired Reentry Permit (INS Form I-327)
    • Unexpired Refugee Travel Document (INS Form I-571)
    • Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B)

    If the applicant does not provide one of the documents specified in List A, the person may show a document described in List B and a document described in List C.

  • List B documents only establish identity.

    List B Documents

    These documents establish identity.Unless the person has provided a document from List A (above), the applicant must show a document in both List B and List C to complete the I-9 Form.

    • Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address
    • ID card issued by federal, state or local government agencies or entities provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address
    • School ID card with a photograph
    • Voter's registration card
    • U.S. Military card or draft record
    • Military dependent’s ID card
    • U.S. Coast Guard Merchant Mariner Card
    • Native American tribal document
    • Driver's license issued by a Canadian government authority.

    For persons under age 18 who are unable to present a document listed above:

    • School record or report card
    • Clinic, doctor, or hospital record
    • Day-care or nursery school record
  • List C documents only establish employment eligibility, meaning the person is authorized to work in the United States.

    List C Documents

    These documents establish employment eligibility.

    • U.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for employment)
    • Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)
    • Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal
    • Native American tribal document
    • U.S. Citizen ID Card (INS Form I-197)
    • ID Card for use of Resident Citizen in the United States (INS Form I-179)
    • Unexpired employment authorization document issued by the INS (other than those listed under List A)

Federal contractors and subcontractors are required to use E-Verify as of September 8, 2009. E-Verify is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of that employee to work in the United States. For most employers, the use of E-Verify is voluntary and limited to determining the employment eligibility of new hires only. The law also obliges U.S. employers not to discriminate against individuals on the basis of national origin or citizenship, or require different documents from an individual

Proper completion of I-9 forms is one of the best ways to avoid legal penalties for hiring unauthorized workers. We help companies verify compliance measures company-wide. We review clients' current practices for verifying employees' work authorization, including precautionary audits of all I-9 forms held by the company. We help training company’s personnel in proper preparation and maintenance of Form I-9 records. We also represent clients in audits by the Department of Labor, and defend claims of immigration-related discrimination in court.

NATURALIZATION

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national. Except for certain U.S. military members and their dependents, naturalization can only be granted in the United States. There are many benefits of obtaining citizenship like:

  • The right to live and work permanently in the United States
  • The right to participate in federal programs such as Social Security.
  • The right to obtain a United States passport.
  • Citizens cannot be deported or denied entry into the United States.

You May Qualify for Naturalization if:

  • You are over 18 years old and have been a permanent resident for at least 5 years and meet all other eligibility requirements like you did not take any trips abroad for more than six months, and were present in the United States for not less than half of the entire period (two-and-a-half years).
  • You have been a permanent resident and a spouse of a U.S. citizen for 3 years or more are and meet all eligibility like you did not take any trips abroad for more than six months, and were present in the United States for not less than half of the entire period (one-and-a-half years).
  • You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.
  • Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

While preparing citizenship application you must take into account the effects of marriage or US Armed Forces service on your citizenship application, proper documentation of your whereabouts during the required 3- or 5-year US residency time period, the effects of any criminal record that you may have, either in your country or in the US on your naturalization application and the effects of your parents’ citizenship on your naturalization.

The permanent resident status can be revoked. A green card holder can first become aware of their deportability only after submitting fingerprints for a replacement green card (I-90), removal of conditions (I-751) or Citizenship. The only way to avoid such a situation is to have never applied for the benefit in the first place. If your situation makes the application process more complicated, but not necessarily impossible, we can help prepare the evidence or legal arguments necessary to help you win your case.

REMOVAL PROCEEDINGS, ASYLUM & TPS

Removal

A typical removal proceedings starts with a Notice to Appear (NTA). Apart from undocumented aliens, aliens with permanent legal status and nonimmigrant status may also be deported. Removal could be a result of a overstay of visa, failing to register, crime by a foreign national perhaps several years ago including the crime of misrepresentation on a visa application or fraudulent preparation of a USCIS document. Even if you were not convicted of a crime, being charged with a crime can have blistering immigration consequences. Whatever the reason for your situation, we are here to help you. Depending on your circumstances we can help you ascertain eligibility for any of the below stated reliefs:

  • Cancellation of Removal
  • INA 212(c)
  • Asylum
  • Withholding of Removal
  • Adjustment of Status
  • Waivers
  • Convention Against Torture
  • Voluntary Departure
  • Motions to Reopen
  • Relief under VAWA, U visa, T Visa
  • Temporary Protected Status (TPS)
  • Appeals

Asylum

Asylum is available to individuals who fear returning to their home country because they will be persecuted based on their race, nationality, religion, political opinion, or membership in a particular social group. If an individual has experienced past persecution, it is presumed that individual will be persecuted again if returned to the home country. If an alien is granted asylum or admitted to the United States as a refugee, individual may request that the spouse and unmarried children under 21 years of age be granted admission to the United States. If your asylum application is granted, you cannot be removed to any country as long as your status is valid. You may apply for a green card one year after being granted asylum. Asylum applications require careful and though preparation. We can help you with assessing your eligibility, devising strategy and helping you gather necessary documentation, and represent you at your interview.

Temporary Protected Status(TPS)

TPS is different from asylum in that it is based on the country, not your individual circumstances. A country may be designated for TPS by the Secretary of Homeland Security based on certain conditions in the country that temporarily prevent the country’s nationals from being able to return safely, or in certain circumstances, the country’s government from being able to handle their return adequately. It may be due to political instability, warfare or natural disaster. Once your country is designated, you are eligible to stay in the U.S. and you cannot be deported. Once you are granted TPS, you must re-register during each re-registration period to maintain TPS benefits. During a country's TPS designation, nationals of the TPS country may remain in the United States and may obtain work authorization. After the TPS designation is removed, the alien returns to the immigration status maintained before the TPS approval. We can help you file for TPS. If you have any questions about your eligibility for TPS or would like to apply for TPS, please contact us.

Plus ESTATE PLANNING

We can help you draft documents to safeguard your interests and to carry your wishes through Estate Planning documents including Will, Power of Attorney-Medical and Durable, and Advanced Medical Directives (Living Will).

SERVICES

Choice of Entity Litigation

Drafting Contracts Business Law

Business Litigation Real Estate

Employment Based Visas Immigration

Visas for Victims of crime Estate Planning