Legal & Incorporation Services

Business Formation

Assist clients who wish to start a business to determine which legal structure is best for their needs (the decision has important legal and tax consequences) and guide them in establishing the business.

Each state has rules and regulations for establishing legal business entities.

We can help clients to set up a sole proprietorship, a partnership, a corporation (S or C), an LLC (limited liability company) or a non-profit organization.

• A sole proprietorship is an unincorporated business with one owner who pays personal income tax on profits from the business. There is no separate legal entity created by a sole proprietorship, unlike corporations and limited partnerships. Therefore, the sole proprietor is not safe from liabilities incurred by the business.
• A partnership is a business organization in which two or more individuals manage and operate the business. All the partners are equally and personally liable for the debts of the business.
• A corporation (S or C) is a legal entity that is separate and distinct from its owners. A corporation is created (incorporated) by a group of shareholders who have ownership of the corporation, represented by their holding of common stock. The most important aspect of a corporation is limited liability. That is, shareholders have the right to participate in the profits, through dividends and/or the appreciation of stock, but are not held personally liable for the company’s debts.
  • In a C corporation (most corporations are in this category), income is taxed at the corporate level and is taxed again when it is distributed to owners.
  • In an S corporation, the business can pass income directly to shareholders and avoid the double taxation that is inherent with the dividends of public companies. In order to qualify—a corporation must be a domestic corporation, must not have more than 100 shareholders, must include only eligible shareholders and must have only one class of stock.
• An LLC (limited liability company) is a business structure that offers its owners protection from personal liability for business debts, like a corporation. However, unlike a corporation, which must pay its own taxes, an LLC is a pass-through tax entity: The profits and losses of the business pass through to its owners, who report them on their personal tax returns just as they would if they owned a partnership or sole proprietorship.
• A non-profit organization is a business entity that is granted tax-exempt status by the Internal Revenue Service—it is not required to pay income tax on the money earned from fundraising activities or donations. Donations to a nonprofit organization are often tax deductible to the individuals and businesses making the contributions. Nonprofit organizations are also called 501(c)(3) organizations after the section of the tax code that allows them.
  • To qualify for tax-exempt status, an organization must further a religious, charitable, scientific, literary, educational, public safety, amateur sports or cruelty prevention purpose. It must also provide a public benefit.

Licensing

Assist clients to apply for business licenses to operate in New York City. Such as a general vendor license (to sell or lease goods or services in a public place that is not a store); a tow truck driver license; a Taxi and Limousine Commission license to drive a yellow Medallion taxicab in New York City; or the variety of licenses required for a restaurant: business license, health permit, liquor license (if you plan to serve alcohol), music license (if you plan to play copyrighted music) etc.

Contracts

Assist clients who need contracts drafted for deals between owners of a business entity.

Stock Transfers

Assist shareholders to sell stocks, either back to the company or to other individuals.

Sports Law

Assist clients—who are athletes—by securing, negotiating and drafting contracts on their behalf.

A contract is a legally binding agreement which represents a meeting of the minds of the parties. Contracts in sports are subject to the same principles of contract formation as any other form of employment agreement.

Sports contracts for athletes can be divided into three general categories:

• Professional services contracts (sometimes called standard player contracts)- agreements under which individuals are employed, or agree to render services, as players on professional sports teams, with professional sports organizations or as professional.
• Endorsement contracts- agreements which grant sponsors the right to use (i.e., license) athletes’ names, images, or likenesses in connection with advertising the sponsors’ products or services.

Appearance contracts- agreements which compensate athletes for appearing at public events, sports camps, golf tournaments, etc.

Fashion Law

Assist clients who are fashion designers or fashion industry professionals and advise fashion and accessories businesses.

We negotiate and draft:

• Licensing agreements- licensing is the process of “renting” a fashion company’s intellectual property (generally trademarks) to another entity for use in conjunction with a product or service, for a sum of money called royalties. It is based on a contractual agreement between the owner of the property, known as the licensor, and the manufacturer or retailer, known as the licensee.
• Manufacturing agreements- contracts between a designer or a company that has developed a product, such as an article of clothing, accessory, or footwear, and a manufacturer. The agreement often includes the following terms: quantity, shipment, payment, delivery dates, product specifications (quality), manufacturer’s know-how, ownership of intellectual property, and the liability of the parties.
• International manufacturing contracts are used when a company arranges for another company in a different country to manufacture its products.
• Distribution agreements- contracts to distribute a product made by a company to the dealers and remarketers of the product.

We arrange the registration of trademarks, copyrights and design patents to protect a brand from counterfeiting, brand dilution and infringement.

• Trademarks protect words, logos, and symbols that identify and distinguish a brand’s products.
• Copyrights protect original artistic works, such as images and patterns.
• Design patents protect new, original, and ornamental designs, such as shoes.

The Legal Department of the Romanian American Business Council, Inc. in New York supports Romanian and American companies in out-of-court settlements.

Mediation – An Alternative to Litigation

Business often involves conflict, but also allows different possibilities of conflict resolution. Besides legal proceedings held in a state court, business mediation is a good way to efficiently settle disputes between business partners, clients or among employees. It is also cost-effective and can uphold the positive company image.

Mediation proceedings can be conducted at any stage of a conflict, even if court proceedings are already pending. During mediation, with the support of a neutral third party (the mediator), conflicting parties voluntarily attempt to find an amicable resolution to a conflict.

Mediation allows both parties to resolve a conflict quickly and to get back to business.

Your Advantages at a Glance

• Time & cost-saving – compared to lengthy and costly court proceedings in the U.S., mediation service is a time- and cost-saving alternative. Aside from a basic fee that is determined by the amount in dispute, mediator’s remuneration is only incurred in the event of a successful outcome of the mediation proceedings.
• Future-oriented & image-saving – Business relations are kept alive while damage to the companies’ reputations is avoided.
• Self-determined & confidential – you will determine the beginning and the conclusion of the mediation proceedings, as well as content and outcome.
  Confidentiality is guaranteed at all times.
• Knowledge & experience – you benefit from our knowledge and the many years of experience in the U.S. and Romanian business and negotiations culture, eliminating uncertainties and misunderstandings which are often the cause of conflicts.

The Legal Department of the Romanian American Business Council, Inc. in New York assists you with obtaining Company Certificates in the United States.

Our Service at a Glance

Unlike the comprehensive company registration required in Romania there is, in principle, no system of company registration in the United States.

The individual states, however, issue several certificates regarding incorporated companies, including the Articles of Incorporation and the Certificate of Good Standing, thereby allowing potential business partners to verify company details.

The Certificate of Good Standing can be used as proof that a company has been incorporated at a certain date according to the provisions of a certain state, that it has been registered with the proper authorities and that it has regularly paid its due franchise tax.

Our members and Board Certified doctors will offer others members and their families first-class medical advice and counseling through their clinics and hospital affiliations throughout the Tri-State area as well as in Bucharest, Romania.

BUYING

We provide representation of the buyer interested in purchasing real estate for residential or commercial purposes, including:

• reviewing and analyzing the contract and contract rider;
• negotiating and drafting modifications to documents initiated by the seller;
• negotiating and drafting the buyer’s contract rider;
• assisting clients, interested in buying a co-op apartment, to prepare a board application for submission to the building’s board of directors.
  • A typical board application includes a detailed financial statement (with supporting documents) and reference letters, but may include other documents and information at the board’s discretion. The board is also likely to conduct a background check and interview. A co-op cannot be purchased without buyer approval from a building’s board.
• ordering, reviewing, and analyzing the title search and survey
  • A title search is an examination of public records to determine and confirm a property’s legal ownership, and whether legal claims against the property exist.
  • A survey is an assessment of property lines to determine the exact amount of land that a homeowner owns, and whether easements (legal right to use) exist on the property;
• reviewing and analyzing the terms of any lease(s) on the property;
• negotiating any issues which may arise regarding the title search, any lease(s) on the property, and buyer’s request for mortgage;
• drafting the breakdown of closing costs;
• negotiating a date of closing and representing the client at closing, including review and discussions regarding closing documents
  • On the Closing date (also referred to as completion or settlement), the ownership of the property is transferred to the buyer;
  • Most closings are actually two closings: closing on the purchase of real estate, and closing on a mortgage loan to buy the real estate.
• Providing notice(s) of the ownership change to any tenant(s).

SELLING

We provide representation of the seller interested in selling real estate for residential or commercial purposes, including:

• drafting the contract and contract rider;
• reviewing, analyzing, and negotiating modifications to documents requested by the buyer;
• reviewing and analyzing the buyer’s contract rider;
• analyzing the title search and survey;
• providing assistance and advice (not including real estate litigation) regarding title issues;
• reviewing and analyzing the terms of any lease(s) on the property;
• analyzing the closing costs;
• negotiating a date of closing and representing the client at closing, including drafting of closing documents and payment.

LEASING

A residential lease agreement is a contract between an individual tenant and the landlord to use of property for living. A commercial lease is a contract between a business tenant and landlord for use of commercial property to generate a profit through the sale of goods, services, or manufacture of a product. We provide representation of the owners or tenants of residential and commercial properties, including:

• negotiating the terms of commercial and residential leases between owner(s)/landlord(s) and tenant(s);
• drafting leases and riders on behalf of the owner(s)/landlord(s);
• reviewing leases and riders on behalf of the tenant(s), and drafting additional riders, as needed;
• negotiating the terms of commercial and residential leases between owner(s)/landlord(s) and tenant(s).

LANDLORD-TENANT

We provide representation of the owners or tenants of residential and commercial properties, from the inception of legal issues through the completion of trial in non-payment and eviction matters.

Note: We work with non-Romanian attorneys handling real estate matters in Florida, California, and the European Union.

Commercial and Residential Leases

Assist clients by drafting either commercial or residential leases.

Each state has its own rules and regulations on commercial and residential leases. A residential lease agreement is a contract between an individual(s) tenant and the landlord to use of property for living. A commercial lease is a contract between a business tenant and landlord for use of commercial property to generate a profit through the sale of goods, services, or manufacture of a product.

Closing and Title Searches

Assist clients who are purchasing property by arranging for a title search—prior to the closing— to ensure that there are no problems with the title and that the seller really owns the property. Once the title search is complete, we evaluate the report and advise our clients accordingly.

Representing our clients throughout the process of closing on a piece of property. Most closings are actually two closings: closing on the purchase of real estate, and closing on a mortgage loan to buy the real estate.

Board Applications

Assist clients, interested in buying a co-op apartment, to prepare a board application to submit to the building’s board of directors. Without approval from a building’s board it’s impossible to purchase a co-op.

A typical board application includes a detailed financial statement (with supporting documents) and reference letters. The board is also likely to conduct a background check and interview.

Trusts

Assist clients to create trusts.

• A trust agreement is a document which describes the wishes of an individual for property held in trust for his beneficiaries.
• Common objectives for trusts are to reduce the estate tax liability, to protect property in an estate, and to avoid probate.

There are several types of trusts, the most popular is a revocable trust.

• A revocable trust is a legal document created by an individual (the grantor) during his lifetime. Just like a will, a trust states exactly what the person’s desires are with regard to his assets, dependents, and heirs. The big difference is that a will becomes effective only after a person dies and his will has been entered into probate. A trust bypasses the process of probate, enabling an individual’s successor trustee (who fills a similar role as an executor of a will) to carry out his instructions as documented in his trust at his death, and also if he is unable to manage his financial, healthcare, and legal affairs due to incapacity.
• There are two types of trusts:
  • Revocable trust: an individual transfers his assets into the ownership of the trust. He retains control of those assets as the trustee. He can change or revoke the trust at any time. The assets in the trust pass directly to his beneficiaries without going through probate upon his death.
  • Irrevocable trust: allows an individual to permanently and irrevocably give away his assets during his lifetime. After he gives away these assets, he has relinquished all control and interest in these assets. Therefore, these assets are no longer considered part of his estate and aren’t subject to estate taxes.

Estate Tax Planning

Guide clients, who possess property in the U.S. and/or overseas, through the process of estate planning—coordinating financial affairs to secure the greatest economic security for clients and their families.

• A well-designed estate plan provides not only for the orderly transfer of assets at the estate owner’s death, but also takes into account the need for retirement income and the possibility of mental or physical disability.
• The size of an estate has some impact on the complexity of the procedures, but the importance of planning is no greater for large estates than for those of modest size.

Assist individuals, who possess property in the U.S. and/or overseas, to determine whether they will need to pay estate taxes.

If clients would be required to pay estate taxes, we can offer suggestions about how to minimize or avoid those taxes.

Wills

Assist individuals to draft a will.

• Each state has statutes which establish the requirements for a valid will. Most states require that a will be written or typed, signed by the testator, and attested by two or three witnesses.
• Generally, execution of a valid will requires that the testator be a minimum age and possess testamentary capacity. In most states, the minimum age is eighteen. The testator also must be of sound mind at the time the will is executed. Sound mind requires that the testator:
  • Know that he or she is executing a will.
  • Know the general nature and extent of his or her property.
  • Know his descendants or other relatives that would ordinarily be expected to share in the estate.

The intention of the decedent as expressed in the will is to be given effect by the courts, unless contrary to law or public policy. Will takes effect at the testator’s death.

Act as Executor or Administrator for Probating Wills

Assist beneficiaries and/or heirs of a decedent by acting as the executor or administrator of a will either by legal or testamentary proceeding.

• Probate is the legal process by which a person’s final debts are settled and legal title to property is passed from the deceased to his beneficiaries and heirs.

The first step is for the person named in a will as executor to file papers in the local probate court.

• The executor proves the validity of the will and presents the court with lists of the decedent’s property, debts, and who is to inherit what remains. Then, relatives and creditors must be notified of the proceedings.
• The executor must find, secure, and manage the decedent’s assets during the probate process, which commonly takes a few months to a year.
• The court grants the executor permission to pay the decedent’s debts and taxes and divide the rest among the people or organizations named in the will.

If there is not any will (a person dies intestate), or the will fails to name an executor, the probate court names an administrator (legal probate).

• The distribution of estates of intestate decedents is a matter for state regulation. The property is distributed according to state law.

Health Care Proxy

The cost of administering an estate may be significantly greater when there is no will.

Assist clients to prepare a health care proxy.

• A Health Care Proxy allows a person to appoint someone — for example, a family member or close friend – to make health care decisions on their behalf in case the person became unable to make that decision. Only with a Health Care Proxy an agent is allowed to discuss medical issues with a health care provider.

There are two situations in which a health care agent is needed:

• Temporary inability to make health care decisions. For example, before having an outpatient surgical procedure and are under general anesthesia. In case something unexpected happens the health care agent is there to take the decision that the principal would make.
• Permanent inability to make health care decisions. This would arise if the client has a terminal illness and has specific medical wishes such as treatment, medication or surgeries. If a health care agent is appointed, then the health care agent will make the principal’s health care decisions according to own wishes, or your best interests.

Power of Attorney and Guardianship

Assist clients to create a Power of Attorney. A POA is a legal instrument that is used to delegate legal authority to another on your behalf to make property, financial and other legal decisions.

A person can give another person broad legal authority, or very limited authority. The Power of Attorney is frequently used to help in the event of a Principal’s illness or disability, or in legal transactions where the principal cannot be present to sign necessary legal documents.

POAs are also helpful in avoiding the expense of having a court appoint a Guardian to handle the Principal’s affairs in the event of incompetence or disability.

Translations to and from English, Spanish, French, Romanian

Apostille services from the Department of State

Obtain certified copies of birth, death, marriage certificates

Notary public, legalization of documents

NATURALIZATION / U.S. CITIZENSHIP

Assist legal permanent residents to apply for naturalization – the process by which immigrants become U.S. citizens.

We help with every step in the process – from establishing the individual’s eligibility, to guiding preparation for the English and civics test and the interview (which takes place at a local office of the U.S. Citizenship and Immigration Service).

There are exceptions and modifications to the requirements for those who qualify as well as accommodations for individuals with disabilities.

WAIVERS:

WAIVER OF GROUNDS OF INADMISSIBILITY (I-601):

• Assist individuals who are not eligible to be admitted to the U.S. as immigrants or to adjust status in the U.S. and certain nonimmigrant applicants who are inadmissible (for reasons such as criminal convictions or immigration fraud) to seek a waiver of the grounds of inadmissibility.
• For certain grounds, you may be approved if you can demonstrate that your qualifying U.S. citizen or legal permanent resident relative (spouse or parent) would experience extreme hardship if you were denied admission.

PROVISIONAL UNLAWFUL PRESENCE WAIVER (I-601A)

• Assist certain immigrant visa applicants who are immediate relatives of U.S. citizens (spouses, children (unmarried and under 21) and parents) to request a provisional waiver of the unlawful presence grounds of inadmissibility (unlawful presence for more than 180 days during a single stay) prior to departing from the U.S. to appear at a U.S. embassy or consulate for an immigrant visa interview.
• The applicant must demonstrate that a U.S. citizen spouse or parent would experience extreme hardship if the applicant were refused admission to the U.S.

WAIVER FOR REAPPLICATION FOR ADMISSION TO U.S. AFTER DEPORTATION OR REMOVAL (I-212):

• Assist an alien who is barred from admission to the U.S. (for example because he was removed from the U.S. as a deportable alien) to apply for readmission by filing a waiver.
• The applicant can submit material on factors which weigh in his favor such as close family ties in the U.S. and evidence of reformation and rehabilitation.

EMPLOYMENT VISAS:

Assist professionals with university degrees, researchers, investors, entertainers, artists, individuals with extraordinary abilities and others to apply for employment based nonimmigrant visas.

SPECIALTY OCCUPATION (H1B)

• Assist qualified aliens to file petitions to perform services in a specialty occupation.
• Prior to employing an H-1B temporary worker, the U.S. employer must first file a Labor Condition Application (LCA) with the Department of Labor (DOL) and then file an H-1B petition with the U.S. Citizenship and Immigration Service (USCIS). The LCA specifies the job, salary, length, and geographic location of employment. The employer must agree to pay the alien the greater of the actual or prevailing wage for the position.

INTRACOMPANY TRANSFEREE EXECUTIVE OR MANAGER (L-1)

• Assist U.S. employers to transfer an executive or manager from one of their affiliated foreign offices to one of their offices in the United States or assist foreign companies which don’t yet have an affiliated U.S. office to send an executive or manager to the U.S. with the purpose of establishing one.

EXTRAORDINARY ABILITY VISA (O1A and O1B):

• Assist individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements to apply for visas to be admitted to the U.S. temporarily to work in the area of their extraordinary ability.

RELIGIOUS WORKER VISA (R-1):

• Assist foreign nationals, sponsored by a 501(c) (3) non-profit organization (or an organization which is affiliated with the religious denomination in the U.S.) to work as ministers or in religious occupations or vocations at least part time, to file for R-1 visas.

TREATY TRADER/INVESTOR VISA (E-1 and E-2):

Assist nationals of treaty countries (country with which the United States maintains a treaty of commerce and navigation) interested in investing in a business enterprise in the U.S.

E-1 visa allows a national of a treaty country to be admitted to the U.S. solely to engage in international trade (such as goods, services and international banking) on his own behalf.

E-2 visa allows a national of a treaty country to be admitted to the U.S. when investing a substantial amount of capital in a bona fide U.S. business.

FIANCÉ (E) VISAS (K-1):

Assist U.S. citizens to apply for a K-1 nonimmigrant visa to bring a foreign national fiancé (e) living abroad to the United States to marry.

If you petition for a fiancé (e) visa, you must show, among other things, that you intend to marry within 90 days of your fiancé(e) entering the U.S.

VISITOR VISAS- BUSINESS (B-2) /PLEASURE (B-1):

Assist foreign nationals to apply for visas to temporarily visit the U.S. for business and/or pleasure, or to help extend their stay.

Business visitors (B-1 visa) are only authorized to enter the U.S. for the temporary duration needed to complete a specified business task of a commercial or professional nature.

Pleasure (tourist) visitors (B-2 visa): Travelers from certain countries may be exempt from this requirement. For more information, see the Department of State website. http://travel.state.gov/content/visas/english/visit/visitor.html

STUDENT VISAS (F and M):

Assist foreign individuals to arrange visas in order to study in the U.S.

To enter on an F-1 (academic student) visa or an M-1 visa (vocational student), certain criteria must be met, such as being enrolled as a full-time student and having sufficient funds for self-support during the entire proposed course of study

EXCHANGE VISITOR VISAS (J-1):

Assisting potential exchange visitors (for example, professors, teachers and au pairs) to pursue J-1 visas. Such visas are authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

GREEN CARDS / FAMILY

Assist United States (U.S.) citizens and Legal Permanent Residents (green card holders) to submit family-based visa petitions to sponsor relatives for legal permanent residence status.

S. citizens can sponsor spouses, minor children (under age 21 and unmarried), parents, adult and married children and siblings.

Spouses, minor children and parents of U.S. citizens are in the immediate relative (IR) preference category—which means that they can immediately apply for their green card. The remaining family-based categories are divided into preference categories which determine how long the relative must wait before he can apply for a green card. Each month, the U.S. Department of State issues a Visa Bulletin (http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html) with updated information on the waiting times for individuals in each category.

Legal Permanent Residents can sponsor spouses and unmarried children.

GREEN CARDS / EMPLOYMENT

Assist clients who are eligible in an employment-based (EB) category:

Foreign nationals seeking to immigrate permanently to the U.S.in order to work may pursue permanent status through employment-based immigrant visas. Each EB category has different educational and experiential requirements and limitations.

There are also preference categories for employment-based visas which determine when the foreign national can apply for a green card. The information on waiting times is also listed in the U.S. Department of State Visa Bulletin.

• First preference, EB-1: Priority Workers
  • Extraordinary Abilities- in sciences, arts, education, business or athletics which have been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
  • Outstanding Professors or Researchers- recognized internationally as outstanding in a specific academic arena, have three years of experience in teaching or research in the academic area.
  • Multinational Executives and Managers- employed abroad for one year (in last three years) by a firm or corporation or other legal entity or an affiliate or subsidiary and seeks to enter the U.S. to continue to render services to the same employer, or subsidiary or affiliate, in a managerial or executive capacity.
• Second preference, EB-2: Members of the Professions Holding Advanced Degrees or Aliens of Exceptional Ability
  • Members of the professions holding an advanced degree or the equivalent or who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
• Third preference, EB-3: Professionals, Skilled and Other Workers.
  • Professionals- individuals who hold a baccalaureate degree (or foreign university equivalent) and persons who are members of the professions
  • Skilled Workers- individuals with full-time permanent jobs requiring at least 2 years training or work experience.
  • Other Workers includes foreign workers with less than two years of training and work experience.
• Fifth preference, EB-5: Immigrant Investor:
  • Basic program- investors who invest at least $1,000,000 (or in certain circumstances 500,000) in new commercial enterprises that employ at least 10 qualifying U.S. workers full-time within two years of the immigrant investor’s admission to the U.S. as a Conditional Permanent Resident, and engage in business through day-to-day management or policy formation.
    If the project is in a Targeted Employment Area (TEA) then the investment amount may be a minimum of $500,000.
  • Regional Center Program- permits investment through regional centers and relaxes the job creation requirements so that jobs may be proven through direct or indirect employment.

REFUGEES / ASYLEES:

Assist individuals who have been admitted to the U.S. as refugees – and have lived in the country for a year – to apply for a green card.
According to the Immigration & Nationality Act (INA), a refugee is a person outside of his or her country of nationality who, because of a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion,” is unable or unwilling to return to that country and is unable or unwilling to avail him or herself of the protection of that country.

Assist individuals to apply for asylum in the U.S.
An asylee is a person who meets the definition of a refugee in the INA, but who is either physically present in the U.S. or at a land border or port of entry of the U.S. at the time that he seeks refuge.

ADDITIONAL TEMPORARY AND PERMANENT VISAS:

We have also assisted foreign nationals …

• To determine if they’re eligible for the DAPA (Deferred Action for Parental Accountability) program, recently announced by President Obama and preparing them to apply.
• Who came to the U.S. before age 16 (and meet several other criteria) to apply for DACA (Deferred Action for Childhood Arrivals).
• Who are under age 21 (and meet several other criteria), to apply for SIJ (Special Immigrant Juvenile status).
• Who are in deportation proceedings yet are eligible for immigration relief which would enable them to remain in the U.S.
• Who are eligible to apply for Temporary Protected Status (TPS).
• Who were victims of abuse to submit Violence Against Women Act (VAWA) self-petitions.
• Who were victims of certain crimes – who cooperate with the police – to file for U visas.
• Who were trafficked to apply for T Visas.
• Who are members of a same-sex couple to pursue immigration benefits.

ROMANIAN IMMIGRATION LAW:

As a Romanian myself, RABC has been well positioned to assist numerous Romanians and Americans with immigration issues related to Romania.

RABC have assisted Romanians to regain Romanian citizenship or to initially establish citizenship and Americans to apply for various types of visas as well as to extend their stay in Romania or to apply for a temporary residence permit.

In the Legal & Tax Newsletter, our Member Law Firms and Member CPAs inform a broad readership about recent legal and tax issues.

The Newsletter is published on a quarterly basis and distributed to our member companies, to local Chambers of Commerce (IHKs) in Germany, and to other interested parties. Previous editions can be found on this site.

If you would like to receive our Legal & Tax Newsletter or if you are a Member Lawyer or Member CPA interested in contributing to the Newsletter, please do not hesitate to contact us.

Prenuptial Agreements

Assist clients by drafting a prenuptial agreement— a written contract created by a couple before they are married. The contract usually lists the property owned by each member of the couple (as well as any debts) and specifies what each person’s property rights will be if the marriage ends.

Separation Agreements

Assist clients in creating an agreement entered into without court intervention and voluntarily by two spouses who have decided to live separately. In the agreement, the spouses can determine—without divorcing—issues including child support, child custody and visitation, spousal maintenance, division of property and assets.

Marital Settlement Agreements

Assist a divorcing client by drafting a formal, voluntary, written agreement (also called a “stipulation of settlement”) in which a couple, wishing to divorce, settle all the issues that might be raised in a divorce proceeding and all other rights and duties that might be decided in divorce court. A marital settlement agreement can facilitate an uncontested decree of divorce issued by a court.

Contested / Uncontested Divorces

Represent clients in contested and uncontested divorces (divorce is the final, legal ending of a marriage by court order).

A divorce is contested if either member of the couple does not wish to get divorced, disagrees about the grounds (legal reasons) for the divorce or disagrees about what will happen with their children, finances and/or property after the divorce. In a contested divorce situation, the couple must go to court and after a trial, a judge makes determinations about the disputed issues.

An uncontested divorce is when both parties agree to the divorce, division of property and all other issues including but not limited to child support and custody.

Child Custody, Visitation and Support

Representing clients in protecting children rights. With or without a divorce children’s rights must be protected. There are 3 main issues when it comes to children: custody, visitation and support.

Custody can be legal, physical or both and refers to the living arrangements of minor children, the legal supervision and protection of the child until he or she reached a majority. Custody can be joint where both parents contribute to the upbringing of the child equally and equal rights and responsibilities. Sole custody rests with only one parent, however the other parent must contribute to the duties and responsibilities to compensate.

Visitation refers to a schedule of designated times — and sometimes conditions — under which the noncustodial parent sees his or her children apart from the custodial parent.

Child support describes the payments made by the noncustodial parent to the custodial parent for the support of children.