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Know Your Rights

By: Rajat Shankar      Feb ,23, 2017       12:05 pm

  • You have the right to remain silent.  In certain states you must to identify yourself.  Make your right to remain silent known.  It is not enough to just remain silent.  You must state that, “You are invoking your right to remain silent.”
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What to do if you are arrested or Detained?

By: Rajat Shankar      Jan ,14, 2016       11:13 am

The Obama Administration announced that they will start to deport more people in the coming weeks. As more and more families are detained here are some rights that people should be aware of.  Be aware that these rights can change if you are arrested or detained at the border or at the airport.

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Importance of Estate Planning

By: Rajat Shankar      Dec ,8, 2015       11:48 am

In the famous words of Benjamin Franklin, “In this world nothing can be said to be certain, except death and taxes.” There is nothing that can be done to prevent death. But a lot can be done to control a person’s assets after their death. Yet, a large majority of people fail to plan their estate. The most common reason is “It’s only for the wealthy.”

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Immigration and Piercing The Corporate Veil

By: Rajat Shankar      Dec ,8, 2015       11:46 am

The Sixth Circuit affirmed the Administrative Law Judge, Administrative Review Board, and district court decisions finding the employer personally liable and the medical clinics corporately liable for back wages, the costs of obtaining J-1 waivers and H-1B visas, failing to make LCAs available for public examination, failing to maintain payroll records, and retaliating against nine of the physicians for engaging in protected activity under the INA. (more…)

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Employment Based Permanent Residents

By: Rajat Shankar      Dec ,8, 2015       11:42 am

Permanent residents are non-US citizens who have the authority to live and work in the US indefinitely. There are multiple ways to become a Permanent Resident (green card holder). The two most common ways to become a green card holder are through family based petitions and/or employment based petitions. The other common means to obtain permanent resident status are through Political Asylum, Refugee, Adoption and Diversity Lottery.

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Legal Authority of the President to Act on Immigration

By: Rajat Shankar      Dec ,8, 2015       11:39 am

Recently, there has been a lot of news about President Obama acting unilaterally to fix the Immigration Crisis. The question everybody is asking is whether the President has the authority under the Constitution to bypass the Congress.

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Employment Based Immigration – EB1

By: Rajat Shankar      Dec ,8, 2015       11:36 am

This is a continuation of the previous blog: Employment Based Permanent Residents.

Just to reiterate, each year, the Department of Homeland Security (DHS) allocates 140,000 petitions that may be awarded green cards through EB categories. Each country, no matter the size or the population, gets seven percent (7%) of the 140,000 available petitions. Meaning, each country gets 9,800. This number is further divided into the five categories. This section will discuss the EB – 1 Category.

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TPS and Legal Permanent Residents

By: Rajat Shankar      Dec ,8, 2015       11:27 am

There are several thousand individuals, currently, who have been given TPS Status. TPS stands for Temporary Protected Status. What this means is that people from certain countries are given temporary relief from deportation. These individuals can acquire a work authorization and work here without the fear of deportation. However, in a large majority of the country people under TPS are not allowed to change their status to become Legal Permanent Residents (LPR).

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Children from Central America.

By: Rajat Shankar      Dec ,8, 2015       11:22 am

With the huge influx of children from Central America, the question a lot of people have is “what will happen next?”

Unfortunately, it is very hard to give a simple answer. This link provides a decent overview of what the families might be facing.

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Unauthorized Immigrant Workers and Social Security

By: Rajat Shankar      Dec ,8, 2015       11:18 am

There have been a lot of myths circulating about Unauthorized Immigrant Workers. One of the biggest myths is Unauthorized Immigrant Workers do not pay taxes.

According to an Actuarial Note issued by the Social Security Administration, Unauthorized Workers in 2010 paid an estimated $12 Billion into Social Security. This number is only expected to rise in the coming years.

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