Have additional questions? Please contact us.

General Questions

Why should I hire an attorney?

Some legal matters do not require the assistance of an attorney. However, the processing of legal documents for even simple matters can prove unwieldy for a person without legal guidance. Depending on the type or complexity of the matter you have, hiring an attorney to help you can be your best chance at a satisfactory resolution.

How much do you charge for a consultation? And what are your fees?

Any initial consultation with our attorneys is free. When you meet with us, we will review the needs of your case, discuss your options and what your legal recourse may be, and review with you the costs associated with our firm doing that work on your behalf and court’s required filing fees. An initial consultation does not in any way obligate you to retaining this firm for representation.

How many times will I meet with my attorney?

The number of times you meet with your attorney will depend entirely upon the nature of your case, the speed with which all necessary information is provided to us, and (in the case of bankruptcy matters) the court’s schedule for required hearings. There is no ‘set’ number of times you will meet with your attorney, though we strive for efficiency and always try to minimize the impact on your schedule wherever possible.

Debt Resolution

I am in trouble, what are my options?

We will evaluate your case and determine whether a bankruptcy filing is the best option or if there are other directions to explore.

What is bankruptcy?

Bankruptcy is a court procedure, depending on the type of bankruptcy filed, it is possible to have some debts discharged while others are repaid.

What are the differences between Chapter 7 and Chapter 13?

Chapter 7 (liquidation) bankruptcy allows for property to be sold in order to pay back creditors. Chapter 13 (reorganization), on the other hand, allows the consumer to keep their property but they must establish a repayment play to their creditors.

Does my spouse have to file for bankruptcy too?

You and your spouse are not required to file together. However if you share responsibility for the debt, you may want to file bankruptcy jointly.

Will this stop creditors from calling?

Yes, a bankruptcy will temporarily stop creditors from calling and means they will have to go through court proceedings in order to resolve the debt.

Will filing bankruptcy affect my credit score?

Yes, filing bankruptcy will have a negative impact on your credit score in the short term. However in many instances, discharging some of your debt can be an opportunity to rebuild credit and with time and good financial practices, this can be repaired.

Matrimonial

What are grounds for divorce?

In New York State, there are both “fault” and “no-fault” grounds for divorce.  In a “fault” divorce, one or both of the spouses have engaged in misconduct that led to divorce proceedings.  In a “no-fault” divorce, no misconduct needs to be proven.  We can help you decide the best course of action for your particular situation.

What is an uncontested divorce?

An uncontested divorce where both parties are in agreement and consent to the dissolution of the marriage. This takes an average of 3 months.

Can you help with annulments?

The process for annulments is different than regular divorce proceedings. We are happy to consult with you on your situation to figure out the best way forward.

I am not able to locate my spouse, but want to dissolve my marriage. Can you help?

Yes, we are able to help you resolve this situation from a legal standpoint so you can put this behind you.

How much will my divorce cost?

It is difficult to say, as this depends on many factors, including number of assets, complexity of case and how quickly the parties can agree. We will work with you to find the best possible resolution for your unique situation.

Does New York recognize common law marriages?

Although common law marriage cannot happen within the State of New York, it could happen outside of New York; and if it is valid in that state, the State of New York may also recognize such out-of-state common law marriage.

Do I have to be a New York resident to get a divorce in New York? Is living in New York enough?

If at least one spouse lived in New York for at least two years, they can get a divorce in New York.

If at least one spouse lived in New York for at least one year, and either (1) got married in New York, or (2) lived in New York as married couple, or (3) grounds for divorce happened in New York, they can get a divorce in New York.

If both spouses are New York residents and the grounds for divorce happened in New York, they can get a divorce in New York.

Is agreeing to the divorce enough to get a divorce? What about cheating? Deserting the marriage?

There are seven grounds for divorce: (1) no-fault, (2) cruel and inhumane treatment, (3) abandonment, (4) imprisonment, (5) adultery, (6) divorce after a legal separation agreement, and (7) divorce after a judgment of separation. Each of these grounds have their own requirements, and those requirements must be met, even for a no-fault divorce that spouses both want.

What happens if one spouse wants a divorce and the other does not want a divorce?

If one spouse wants a divorce and the other does not, the court can decide to give them a divorce.

If both spouses want a divorce but they cannot agree about the details of the divorce such as child support, the court can decide for them and give them a divorce.

When the court must get involved and decide for the divorce and its details, it is called a contested divorce. When the spouses agree on all details of their divorce and the court needs to only approve those details, it is called an uncontested divorce.

Real Estate

I bought a property and found problems with it after the purchase closed. What can I do?

If you have a warranty policy on the property, consult that first to see if your issue is covered. If not, you should contact an experienced real estate attorney.

Why do I need a lawyer to buy or sell a home?

Since there are multiple parties, numerous steps and large amounts of money involved in the process, it is important you protect yourself legally by hiring an attorney to ensure the process goes smoothly.

Are there any steps I should take before purchasing a property?

It is always a good idea to research the title to make sure there are no liens or claims on it. We can help with this process to make sure there are no surprises waiting.

I have a landlord/tenant dispute, can you help?

Unfortunately this is not a service we offer at this time. Our practice focuses on real estate sales only.

What is the difference between commercial and residential property?

Commercial property is zoned for business or industrial use, while residential property is a structure or land used for private housing. Both have their own unique processes and complications, and we are prepared to navigate both types of property.

Foreclosure

What is foreclosure?

Foreclosure is the process by which a bank or financial institution reclaims a property that is behind on payments. After a certain period, if payments are missed the financial institution may take you to court to reclaim ownership of the property.

I received a foreclosure summons, what do I do?

You should contact an experienced foreclosure attorney as soon as possible so that you can get help in fighting to keep your home.

What are my options to avoid foreclosure?

There are multiple options, and we can help you determine the best way to proceed.  Some of these options are loan modifications, short sales, deed in lieu or filing bankruptcy.

O-1 Visa

What type of employers can I work for on the O-1?

Depending on the type of O-1 sponsorship , you have the flexibility to work for either one employer as a full/part-time employee or multiple employers as a freelancer. Your role with each employer must be within your designated field of expertise.

How long can I stay in the U.S. on the O-1?

You may stay in the U.S. on the O-1 visa for the period of time necessary to complete the event or activity, which should not exceed an initial period of three years.

Can I extend my stay on the O-1?

Yes, you may apply for an unlimited number of O-1 visa extensions of stay. Each extension is valid for one year increments, as long as you continue in the same or similar role within your designated field of expertise for which you were originally granted O-1 status.

What does the O-1 preparation process involve?

1. CV/RESUME: Send us your detailed CV/resume
2. TIMELINE: Set up a timeline of each of the preparation steps to follow
3. SPONSORSHIP: Decide on sponsorship type (employer, agent or agency)
4. RECOMMENDATION LETTERS: Provide a list of at least seven references who can provide recommendation letters with regard to your professional experience, qualifications and skills.
5. SUPPORTING DOCUMENTS: Prepare supporting documentation (media articles related to professional projects, copies of awards/publications, 3-year itinerary, employment letter(s), portfolio, signed recommendation letters, etc.)
6. ADVISORY OPINION: Obtain advisory opinion from the appropriate consulting entity
7. FORMS & FEES: Obtain signed immigration forms and filing fees
8. SUBMISSION: Submit O-1 package
9. RFE RESPONSE: Respond to any Request for Further Evidence (“RFE”)
10. STATUS/VISA: Change of status (if in the US already, status change occurs upon approval) or consular processing to obtain O-1 visa (in your home country)

What kinds of documentation are needed to apply for the O-1?

The supporting documentation is to establish that the alien qualifies as an alien of extraordinary ability, and that the alien is going to be employed in activities using his or her extraordinary abilities.

The following are some of the common types of supporting documentation –

  • Degree certificates and evaluation reports of the alien;
  • Publications, presentations, abstracts, invitations to conferences for the alien as well as citations of such publications;
  • Comments on the alien’s work by others in the alien’s field;
  • Requests for reprints of alien’s publications;
  • Evidence of awards or honors received;
  • Evidence of membership in professional associations;
  • Documents of alien’s participation, either individually or on a panel, as the judge of the work of others in the field;
  • Critical reviews, advertisements, press releases, publications contracts, or endorsements;
  • Box office receipts or record, cassette, compact disk, or video sales;
  • Alien’s Curriculum Vitae; and
  • Recommendation letters from experts in the alien’s field explaining his standing as an “alien of extraordinary ability”.
  • Documentation of receipt of lesser nationally (not necessarily U.S.) or internationally recognized prizes or awards for excellence in the field of endeavor.

What evidence must I provide as O-1 alien of extraordinary ability in the field of Science, Education, Business, or Athletics?

You must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of either:

Receipt of a major, internationally recognized award, such as the Nobel Prize, or

At least three of the following:

  • Documentation of receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Documentation of membership in associations in the field for which classification is sought. The membership must require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
  • Published material in professional or major trade publications or major media about your work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation
  • Evidence of participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought
  • Evidence of original scientific, scholarly, or business-related contributions of major significance in the field
  • Evidence of authorship of scholarly articles in the field, in professional journals, or other major media
  • Evidence that you have been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation
  • Evidence that you have either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence

What evidence must I provide as O-1 alien of extraordinary ability in the Arts?

You must be recognized as being prominent in your field of endeavor by providing either:

Evidence that you have been nominated for, or have been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award, or

Evidence that you have:

  • Performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements
  • Achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications
  • Performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials
  • Records of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers,or other publications
  • Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which you are engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of your achievements
  • Commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence

What evidence must I provide as O-1 alien of extraordinary ability in the Motion Picture or Television industry?

You must be recognized as being prominent in your field of endeavor by providing:

Evidence that you have been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award or

Evidence that you have:

  • Performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
  • Achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications
  • Performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
  • Records of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications
  • Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements or
  • Commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence