Lawyers

Citizenship Immigration Lawyer Unless you are a U.S. resident by birth, you should get citizenship through a process known as naturalization. Consistently, individuals from each side of the world apply for naturalization to enjoy the rights and advantages of U.S. citizenship. If you, as well, are looking for citizenship, having a skilled immigration attorney on your side can improve your odds of accomplishment. U.S. Citizenship and Immigration Services – Shankar & Associates, PC At Shankar & Associates, PC, we comprehend that people starting the way toward citizenship benefit from the compassionate help and informed direction of our citizenship immigration lawyer. We serve clients throughout the country in their endeavors to become citizens. The Naturalization Process Naturalization unfolds citizenship rights for a lot of American immigrants. While strict rules apply, the rewards of U.S. citizenship are worth the wait. When naturalized, foreign-bor...

  How to Find the Best Lawyer Determine the area of law that is relevant to your problem. Within the broad field of law, attorneys specialize in specific practice areas centered on legal issues. Seek referrals from friends, family, and coworkers. A successful attorney or practice will usually have several satisfied clients. Find an attorney who is a good fit for your needs. Do You Get Paid for Overtime? Employees are paid one and a half times their regular hourly rate for each hour worked over 40 in a workweek. If you are paid, you are not automatically disqualified from working overtime. The analysis is far more intricate. These kinds of misunderstandings result in underpaid or unpaid overtime premiums. If your overtime hours have gone unpaid or underpaid, you may have a serious wage theft claim. The chart below illustrates how overtime is calculated by using the New York State minimum wage rate as an example – you may be entitled to more than the amount shown in the ...

  FIGHTING FOR WORKERS’ RIGHTS Discrimination. Wages that are not paid. Termination without Cause Providing legal services to Nassau County residents in the areas of advising, transactional, and litigation. Employers and employees in Nassau County look to Yale Pollack’s experienced employment law attorneys for sound legal advice and representation. In cases of employment discrimination, sexual harassment, wrongful termination, defamation of character, and whistleblowing retribution, we intervene. Contact a Nassau County employment lawyer at Yale Pollack Law Office to schedule a consultation about workplace environmental policies or any other work-related legal matter. Our employment lawyers in New York are frequently relied upon to assist businesses in avoiding employment lawsuits by aiding with the formulation and communication of anti-discrimination and anti-harassment policies. We help start-up companies create employee manuals, severance packages, separati...

 The Program Electronic Review Management (PERM) system is used to conduct labor certifications, which are the first stage in obtaining an EB-2 or EB-3 visa immigrant visa for certain foreign people. Overview All labor certification applications must now be filed through PERM, which was initially implemented on March 28, 2005. For new labor certification filings, forms such as ETA Form 750 and Reduction in Recruitment (RIR) are no longer available. EB-2 (with the exception of National Interest Waivers) and EB-3 are the employment-based preference categories that need PERM labor certifications. Purpose The Department of Labor (DOL) must issue a labor certification before a U.S. firm can file an immigration petition for a foreign worker in most EB-2 and EB-3 visa positions. To this aim, the employer files ETA Form 9089 to the Department of Labor, which validates the employee's eligibility that 1) There are not enough American workers who are able, qualified, and...

What's The deal with ERAP? In the event that you live in New York, and are either a property manager or an occupant, you might in any case be holding back to catch wind of your ERAP application. Here are a few things you'll have to be aware. A Quick ERAP Refresher The Emergency Rental Assistance Program (ERAP) is a New York State program to assist occupants and property managers with missed lease installments because of the COVID-19 pandemic. Qualified occupants who are supported can get as long as a year of back lease for missing installments on or after March 13, 2020. ERAP applications can be finished up by either an occupant or their landowner. All assets from an endorsed application will be sent straightforwardly to the property manager. Might You at any point Still Apply? As of March 31, 2022 subsidizing in New York State has been depleted. In any case, occupants in many towns in New York can in any case apply through the OTDA entryway , as new cash might open up when th...

  New York Adds Domestic Violence as a New Factor to Consider for Equitable Distribution Homegrown Relations Law §236 now incorporates aggressive behavior at home as a component to consider while deciding impartial dissemination in New York. The councils corrected the Domestic Relations Law (DRL) §236B(5)(d) in April 2020 by adding another element that the court should consider in conveying properties between separating from mates. The revised regulation basically commands that the court consider "whether either party has committed a demonstration or demonstrations of aggressive behavior at home, as depicted in [Social Services Law §459-a] against the other party and the nature, degree, span, and effect of such demonstration or acts." DRL §236B(5)(d)(14). Aggressive behavior at home causes physical, profound, and mental consequences for the person in question. Hence, the councils accepted that maltreatment inside a marriage should be considered to properly d...

  What befalls the conjugal home in a Brooklyn separate from continuing? At The Louis Law Firm, PLLC , we comprehend that individuals have concerns with respect to what will befall the conjugal home when they go through a separation. Certain individuals need to safeguard the conjugal home and their companion's portion of the home, yet others need to continue to reside in the home and not be compelled to sell it. Let The Louis Law Firm, PLLC make sense of what could befall your home would it be a good idea for you go through a separation. New York is an impartial appropriation State. The expression "impartial appropriation" doesn't be guaranteed to mean equivalent. For the most part, land property that is gained during the marriage is parted similarly between the Husband and Wife. In a Brooklyn separate, the issue of isolating land property can get confounded. For instance, what happens when one party buys land property while the gatherings are genuinely isola...

 If you are an individual attempting to declare Chapter 7 bankruptcy in New York, you may have to pass a series of tests in order to make sure you are eligible. If You Want to Declare Personal Bankruptcy If you are drowning in consumer debt  https://www.ny-bankruptcy.com/is-chapter-7-bankruptcy-right-for-you/  and you decide to declare personal bankruptcy, the first thing a trustee will look at is which classification you are eligible for. To do this, there is a series of tests to determine how best to deal with your case. For a Chapter 7 case, if the majority of your debt is “consumer debt”, you must complete what is known as a “Means Test”. The Bankruptcy Code defines “consumer debt” as debt incurred by an individual primarily for a personal, family or household purpose. Consumer vs Non-Consumer Debt One item the trustee will look at is what types of debt you have. Most personal bankruptcies are based on consumer debt (credit cards, home mortga...

 Labor Certification Requirements Both the employer and the employee must meet certain conditions when submitting a PERM labor certification application . The petitioner is the employer, and the beneficiary is the potential employee. Requirements of the Employer The petitioning employer must show that the following facts are true: The work is a full-time position in the United States. The role is a legitimate job opportunity for Americans. The job requirements are not suited to the qualifications of the alien worker. In other words, unless such requirements can be proved to emerge out of business necessity, the employer must establish that the job's criteria are not overly restrictive. The provided wage is in line with industry standards. To meet this requirement, the wage must be equal to or greater than the prevailing wage in the intended employment region for the occupation. (Previously, the US Department of Labor (DOL) accepted a 5% deviation; however, this is ...

  When is the best time to get legal advice? It is always preferable to get legal help early in the process, no matter what your legal issue is. An attorney can assist you in achieving the best possible solution for your circumstance while also avoiding unnecessary complications and errors. How to Prepare for an Initial Attorney Consultation Take advantage of the consultation to acquire a better knowledge of your legal situation. Inquire about the attorney’s experience in situations comparable to yours. The experience and knowledge of an attorney might speak to their expertise (or lack thereof) in dealing with your case. Your lawyer should be able to give you an estimate of how long your case will take to resolve and what procedures to expect. Determine whether or not you feel at ease working with the attorney and/or law company. What is the cost of hiring an attorney? In general, the cost of an attorney is determined by four factors: billing sy...

  WHO NEEDS PERM? Many employment-based petitions, such as visa applications for professionals with advanced degrees or exceptional abilities (i.e. EB-2, excluding National Interest Waivers) and visa applications for professionals with a bachelor's degree, skilled workers, and unskilled workers, require PERM labor certification (i.e. EB-3). Labor Certification is Required for Certain Immigration Categories If you are eligible for one of the following visas, you must first receive an authorized work certification before proceeding with your immigration process. EB-2: Employment-based immigration petitions with a second preference, omitting NIW. EB-3 petitions are for third-preference, employment-based immigration. NO LABOR CERTIFICATION IS REQUIRED FOR THESE IMMIGRATION CATEGORIES If you are eligible for one of the following visas, your immigration process is not contingent on obtaining a labor certification. EB-1: immigration petitions for Ali...

 EMPLOYMENT LAWYERS LONG ISLAND NY People Empowered To Overcome Life’s Legal Issues We represent people from many areas of life, including those who have been treated unfairly by their bosses and those who have had their faith in a trusted legal expert betrayed. We want to empower our clients so that they can accomplish great outcomes and progress toward a brighter future. Our Purpose At Yale Pollack, P.C. we are dedicated to providing our clients with competent legal representation. Our attorneys collaborate closely with clients and devise innovative practical solutions to safeguard their interests. At all levels of state and federal court, we represent a diverse range of clients, including consumers and professionals. We represent clients on a contingency fee basis or an hourly fee basis, depending on the type of case. Our Core Values The Yale Pollack Law Firm focuses its practice on consumer litigation and aims to protect the public’s trust in t...

What are Contested Bankruptcy Motions?  Chapter 11 cases seldom run as expected and without any problem. Assuming that you live in New York and are going to go through the liquidation cycle, here is something to have to be aware. At the point when the Courts Need to Step In While a significant part of the liquidation cycle is regulatory (took care of by a chapter 11 legal administrator), you can wind up before an appointed authority for various reasons (which is the reason having the right insolvency lawyer is so significant). Assuming there are any worries that something deceitful is going on, you might end up in an Adversary Proceeding , which is taken care of in simultaneousness with your chapter 11 case.. If not, you might end up managing Contested Motions. The contrast between the two include: Contested Motions Adversary Proceeding Usually are routine matters that come up in regular bankruptcy proceedings Non-routine, serious matters including charges of f...