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Difference between Chapter 15 foreign main and nonmain proceeding

A foreign “main” insolvency proceeding is a foreign proceeding pending in
the country where the debtor has the center of its main interests. The debtor’s registered office or habitual residence (domicile) is presumed to be the center of the debtor’s main interests. A foreign “nonmain” proceeding is a foreign proceeding pending in a country where the debtor maintains an establishment (persistent economic activity).

The distinction is an important one as recognition of a foreign main proceeding provides for certain rights that are not applicable to a foreign nonmain proceeding.

If the U.S. Bankruptcy court recognizes the foreign insolvency proceeding as the main proceeding, the stay of all collection efforts, foreclosures, and lawsuits against the debtor and his or her assets is triggered automatically. In addition, any sales outside the ordinary course need to be approved by the Bankruptcy Court, certain transfers of assets can be avoided and the foreign representative has additional powers. If the foreign proceeding is recognized as a nonmain proceeding, the foreign representative can request powers such as staying collection efforts against debtor’s assets, preventing debtor to transfer his or her assets, interview witnesses, and administering debtor’s assets located in the United States.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about Chapter 15 bankruptcy.  If you would like to discuss if Chapter 15 bankruptcy will help in your situation, schedule a consultation with an experienced bankruptcy lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009.

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What is a conditional green card (permanent residence)?

A conditional green card is valid for only 2 years and is issued (1) to a spouse who has been married for less than 2 years at the time of green card approval and (2) to a foreign EB-5 investor and to his or her dependents.

A conditional green card holder must file a petition to “remove the conditions” within the 90-day period before the conditional green card expires. The conditional green card holder based on marriage needs to show that he has been married during those two years (with certain exceptions). The conditional green card holder based on EB-5 investment needs to show that (s)he invested $1,8 million (or $900,000 in certain areas), (s)he sustained the investment during those 2 years, and that (s)he created 10 new full-time jobs for U.S. workers.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information to outline the conditional resident status and conditional green card.  If you would like to discuss how to obtain a conditional green card or need help with the removal of conditions on residency, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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Can I enter the U.S. with my green card after one year abroad?

If you have a green card and stayed outside the United States due to circumstances beyond your control for longer than one year or beyond the validity of the re-entry permit, you may need a returning resident (SB-1) special immigrant visa to enter the United States and resume permanent residence. You will need to prove that you did not abandon your residency.

If your application for returning resident status is not approved, a new green card petition will need to be filed.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information about green card use and validity after an extended stay abroad.  If you plan extended stay abroad or stayed abroad due to unforeseen circumstances and would like to discuss your situation and how we can help you, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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What is an abandonment of a green card?

If a green card holder remains outside the United States for more than a year, the regulations require invalidation of his green card (legal permanent resident status). The Department of Homeland Security takes the position that residency has been abandoned. Residency can be deemed abandoned even where a person lives and works abroad and visits the United States every year. What is relevant to determine if the green card was abandoned is the purpose of the departure, the existence of a fixed termination date for a visit abroad, and the objective intention to return to the United States as a place of permanent employment and actual home. A person may be abroad for several years and not abandon his residency if (s)he has a continuous uninterrupted intention to return to the United States. For example, a child is out of the United States for six years due to father’s heart condition.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information about the abandonment of a green card.  If you would like to discuss if you have abandoned your green card and what can be done in your situation, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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H-1B approval in 1 day!

Our client, an established engineering and OEM company, wanted to hire a Controls Software Engineer, an Indian national currently on an H-1B visa. We obtained a certified labor condition application and worked with a client to document fully the eligibility for H-1B classification. The petition was filed with a request for premium processing. The USCIS received the petition on Monday and we received approval on Tuesday.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one H-1B case.  If you would like to H-1B petition approved fast, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!

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Cross-border insolvency and assets in the United States

Foreign representatives of pending insolvencies abroad contact our office seeking help with reaching debtor’s assets in the United States. Depending on the concrete situation, Chapter 15 under the U.S. Bankruptcy Code may be appropriate. Chapter 15 was added to the U.S. Bankruptcy Code in 2005 and helps courts in different countries to cooperate and coordinate the administration of debtor’s assets located in different countries.

A foreign representative may petition U.S. bankruptcy court for recognition of foreign insolvency proceeding. Once the foreign main insolvency proceeding is recognized, all collections, executions against debtor’s assets and lawsuits are stopped, foreign representative may sell debtor’s assets, recover certain transfer and have other powers that allow him or her to administer debtor’s assets.

While number of Chapter 15 insolvencies increased from six in 2005 to 136 in 2009, the highest number of Chapter 15s (179) was filed in 2016. During years 2010-2019, the average number of Chapter 15 is 103.5 per years

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about Chapter 15 bankruptcy.  If you would like to discuss if Chapter 15 bankruptcy will help in your situation, schedule a consultation with an experienced bankruptcy lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009.

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Will undocumented individuals get legal status under President Biden?

President Biden announced his immigration plan:

1. An 8-year pathway to citizenship for all undocumented immigrants.

Biden’s plan provides a 5-year path to permanent residence for all undocumented individuals present in the United States on January 1, 2021, followed by a 3-year wait for U.S. citizenship. Certain individuals’ path would be shorter, including DACA dreamers and agricultural workers.

2. Eliminating the 3-year and 10-year bars.

Individuals who are in the United States illegally for 180 days and depart are prohibited from returning for 3 years and individuals who are in the United States illegally for 1 year are prohibited from returning for 10 years if they depart. President Biden’s proposal would remove those bars and allow certain individuals to gain legal status in the United States without traveling abroad.

3. Expanding legal immigration.

Biden’s proposal would make significant changes to the legal immigration system. It will reduce green card backlogs, eliminate per-country limits on visas, and provide fast paths to a green card for children and spouses of green card holders.

President’s proposal will need to be approved by Congress.

Please note that this article does not constitute legal advice.  We simplified President Biden’s proposal to provide general information.  If you would like to obtain a visa or green card, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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What are President Biden’s immigration executive orders?

President Biden issued several immigration executive orders that revoked the travel bans, stopped the construction of the border wall, protect the Dreamers from deportation, include undocumented individuals in the census that affects the apportionment of Congressional representatives, protect Liberians from immigration enforcement and extend their work authorizations and paused deportations for 100 days.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about President Biden’s immigration executive orders.  If you would like to discuss how President Biden’s immigration executive orders affect your situation, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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How can my nanny stay in the U.S. permanently?

Many clients hire foreign nannies through one of the international au pair program. Then, when they are happy with their performance and their children got used to them, they are looking for ways to have their nannies stay in the U.S. permanently. They contact our immigration lawyers for help.

The family member may, in certain circumstance, be able to have her/his nanny stay, live and work in the U.S. permanently (help her get a green card). The process involves placing job advertisements, reviewing applicants’ resumes and interviewing applicants. If there are no U.S. workers able, willing, qualified and available to take the job, and the family member complied with all regulations, the process may lead to nanny’s green card and her ability to stay in the U.S. permanently.

Please note that this article does not constitute a legal advice.   We simplified the law to provide only general information. The process of getting a green card for your foreign nanny and help her stay in the U.S. permanently is heavily regulated process with lots of cases governing each aspect of the process. One mistake means that you have to start from the beginning and loose lots of time and ultimately not be able to have your nanny stay in the U.S. permanently.   If you would like to help your foreign nanny stay in the U.S. permanently and would like to discuss what is the best way to accomplish that, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.

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How do I employ a foreign worker?

First, it depends, if you are hiring for a temporary or permanent position.  There are a few visa categories for temporary positions.  For example, an employer wanted to hire someone for a position of engineer with a Master’s degree, we applied for H-1B.  Employer was selected at the H-1B lottery and the petition was approved in three weeks.  For workers with less education, H-2A or H-2B may be the best option. If the worker has been working abroad for an affiliated company, L visa may be the best option.

With respect to a permanent position, you have to test the market (advertise the position) and get a labor certification that there are no U.S. workers able, willing, qualified and available to accept the job. There are some exceptions, such as the National Interest Waiver or Schedule A pre-certification.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information applicable in most cases.  If you would like to hire a foreign worker and would like to discuss what is the best way to do that legally, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.