Kravitz & Guerra,PA - bLAWg

U.S citizenship and immigration services grants temporary relief measures to Japanese nationals

Mon, 28 Mar 2011 09:01:50 -0400

Japanese nationals residing in the United States will be granted new immigration benefits due to the severity of damages caused by the recent tsunami and earthquakes in Japan.

The Law Offices of Kravitz and Guerra would like to offer support for Japanese nationals suffering from recent crises and commend the efforts of the USCIS.

At the law firm, our expertise in work visas, student visas, adjustment of status, and all other immigration matters will be able to help Japanese nationals make a smooth transition- claiming the United States as their new home, as their country deals with tragic events. Our office will help Japanese nationals with the opportunity to stay in the United States- with the freedom to work, study, and create a better life for them selves. An expert team of lawyers and paralegals will advise them and show them what is needed for their particular case; the law firm will prepare all documents needed, and will expedite their process to ensure an immediate outcome.

Kravitz and Guerra’s team of professionals will assist with the new temporary measures of the USCIS for Japanese nationals and victims of recent catastrophic events.

For more info on these new temporary measures, go to: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d219c337ab5ce210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Law offices of Kravitz & Guerra PA expanded their services to Europe

Wed, 16 Feb 2011 16:00:10 -0500

Lawyer Genilde Guerra became a fully licensed attorney under British law. With her European (Italian) citizenship and now a new license to practice law in many other areas of the world, Attorney Guerra has expanded her expertise to better serve the international community in other continents.

This British and Welsh license lets the law office practice in many places under British law. This in turn gives them the right to practice in many commonwealths- from Hong Kong to the Caribbean to countries in Africa.

This also gives her the right to practice under the provisions of the European Union in member states including: Austria, Belgium, Denmark, Germany, Greece, France, Ireland, Italy, Luxembourg, the Netherlands, Finland, Sweden, Spain, and Portugal.

The Law Offices of Kravitz and Guerra. P.A. has made an association with Brazilian Firm, Decio Freire and Associates

Mon, 14 Feb 2011 11:10:24 -0500

The Law Offices of Kravitz and Guerra have affiliated with the acclaimed South American firm, Decio Freire. This affiliation will serve to help their international clientele better conduct business, bridging the gap between Brazil and the United States. Brazil is the leading trade partner for the state of Florida.

The Law Offices of Kravitz and Guerra have been internationally recognized for their work in immigration, real estate and international business. They are located in Miami, Florida serving the global community. Partner Genilde Guerra of Kravitz and Guerra is herself Brazilian. She is fully versed in Portuguese and English, and well-connected in Brazil.

Decio Freire and associates has fourteen offices in all of Brazil’s major cities. They have varied expertise in conducting business and work closely with many national and multi-national companies.

This affiliation will be great for both companies. It will work to serve both The Law Office of Kravitz and Guerra, P.A. and Decio Freire’s clientele and network by combining their resources.

Kravitz & Guerra, P.A. a South Florida Top 100 Small Business

Thu, 13 Jan 2011 14:41:00 -0500

Miami,FL. Business Leader Media has selected the Law Offices of Kravitz & Guerra, P.A. as a 2010 Top 100 Small Businesses in South Florida for the second year in a row. Business Leader limited the criteria to include only companies (1) with less than 100 employees and (2) that do a majority of their business in South Florida. Each company’s revenue growth, business achievements and community involvement were evaluated.

The Law Offices of Kravitz & Guerra, P.A., a Miami firm, assists the international community in matters related to international expansions, immigration, global planning, real estate and others. The firm is led by two of the most prominent lawyers in the industry – one is Genilde Guerra. She is well-versed in five languages and her wealth of knowledge coupled with rich education background from prestigious universities has been her investment in providing quality legal service. As she leads, the firm has successfully opened new business entities for foreign clients in the U.S., U.S. Visas and multiple Real Estate closings of million dollar properties. In behalf of the firm, she is also actively engaged in rendering legal services in the immigrant community. She will be an honoree at the Top 100 Small Business in South Florida award ceremony at which Business Leader Media will be presenting her with the award.

Since 1989, Business Leader has provided information, tools, and resources for business executives/owners. The magazine is found on newsstands worldwide with local editions available in certain markets. They hosts events for business professionals, including a breakfast speaker series, topical business events and events to honor business leaders making a difference in their business communities, such as the Law Office of Kravitz and Guerra. In addition, Business Leader Media manages a network of local business websites. The sites offer local business news, business rankings, business and leader profiles, business articles and directory of local businesses.

This year the recipients of the South Florida Top 100 Business will be honored at a ceremony on Monday, January 31, 2011 at the Intercontinental Hotel and will be featured in the January 2011 issue of Business Leader magazine.

Latest Immigration Debate: Birthright Citizenship According to...

Mon, 10 Jan 2011 15:18:00 -0500

Latest Immigration Debate: Birthright Citizenship

According to an article by the Associated Press, a group of Republics believe there is an erroneous interpretation of the 14th Amendment and have triggered its review by the Supreme Court. This has become the new immigration battle in the United States, after the failure to pass the Dream ACT late last year.

This attempt is following the lead of Arizona, which passed a controversial law last year, granting the police for greater power to question people about their legal status. Lawmakers have portrayed their states as under siege of an ïllegal alien invasion.” They have been accused of being derogatory, calling children of illegal immigrants “anchor babies”. They argue that they are standing up for victims of crime commited by illegal immigrants.

Above, is the video coverage of the debate via CNN. What are your opinions on birthright citizenship and immigration reform?

Today, Rick Scott becomes Florida’s 45th Governor Elect.

Tue, 04 Jan 2011 13:42:50 -0500

Today, Rick Scott becomes Florida’s 45th Governor Elect.

President Obama signs “Don’t Ask’, Don’t...

Wed, 22 Dec 2010 10:29:57 -0500

President Obama signs “Don’t Ask’, Don’t Tell” Repeal.

Happy Holidays from all of us at the Law Offices of Kravitz...

Thu, 16 Dec 2010 11:41:00 -0500

Happy Holidays from all of us at the Law Offices of Kravitz & Guerra!

Immigration Through Investment

Wed, 15 Dec 2010 11:55:26 -0500

Under U.S. Law, an immigrant investor visa (called the EB-5 visa) is available to qualified individuals seeking permanent resident status on the basis of their investment in a commercial enterprise. The amount of investment is either $500,000 or $1 million depending upon the geographical area of the investment. However, the investment must be in an active business that will directly employ ten full-time U.S. citizen, permanent resident workers, or other certain authorized workers. Approximately 10,000 EB-5 green cards are available each year – a number which has never been used up.

A potential investor may invest in their own commercial enterprise, or in a commercial enterprise owned by other parties. The investor may also choose to invest in a pre-approved “Regional Center.” Regional Centers are geographical areas for which the U.S. Immigration Service has determined that investments will create the necessary 10 jobs per investor, whether directly or indirectly, in the geographical area. Virtually all of the regional centers are in geographical areas where $500,000 is the required amount of investment. Most of the regional centers involve limited partnership investments for which having the rights of a limited partner is considered sufficient to make the investor not completely passive.

The major advantage investing in a regional center (as compared with a personally owned business created as an EB-5 investment) is that the investment has been pre-approved by the U.S. Immigration Service with respect to the qualifying amount of the investment and with respect to the job creation requirement.

How to Qualify to be an Investor?

1. Establish a new commercial enterprise by creating an original business, purchasing an existing business or reorganizing the business such that a new commercial enterprise results. Or, if investment is in an pre-approved Regional Center, by investing in a regional center.

2. Invested – or who are actively in the process of investing – in a new commercial enterprise at least $500,000 or $1,000,000. For a Regional Center investment, your money will be held in escrow and not released to the Regional Center unless your initial green card is approved.

3. Invest in a commercial enterprise which will benefit the United States economy and create full-time employment for not fewer than 10 qualified individuals.

4. Prove the investment comes from a lawful source of funds.

Once your petition is approved, immigrant investors may obtain status as a conditional resident by filing a separate Application to Register Permanent Residence or Adjust Status, if residing within the United States, or by applying for a visa at a U.S. consulate. Within 90 days before the second anniversary of an Investor’s admission to the United States as a conditional resident, a petition must be filed to remove the conditions. Your Regional Center will provide you with the documentation necessary to file the petition to remove the conditions on your green card.

Can my spouse and children also receive “green cards” under the EB5 visa program?

Yes. Your spouse and minor children are eligible for the conditional immigrant visas.

Financial Documentation to Prove Lawful Source of Funds

The U.S. Immigration Service requires that investors to demonstrate that their assets were gained in a lawful manner. This requires the investor to prove their investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means. This may be accomplished through certificates by the investor’s licensed accountants, lawyers, court records, salary statements, tax statements, real estate documents, including:

Profit and earnings from a business
Profits or proceeds from the sale of real estate
Profits or earnings from stock or other investments.
Bank statements
Investment account statements
Documents showing ownership in real estate or a company, accompanied by an appraisal of value and registration of ownership, loan or mortgage, promissory note, security agreement, or other evidence of borrowing which is secured by assets of applicant.
Tax returns from the last 5 years. (If applicable)

Personal Documents

In addition to financial documents, the foreign investor must provide the following documentation:

Legible Copies of passports (including blank pages). Passports must be valid for at least 6 months from the date the visa was issued. This requirement applies to those foreign investors and their spouses and children (under the age of 21 at the time of application) filing for a green card through this program.
Investor’s Resume (Curriculum Vitae) which should include personal and contact information, educational background, professional experience, and employment history (please include name of supervisor and company’s address and phone number).
Copies of academic diplomas.
Articles of organization (if owner of a company).

For Green Card or Immigrant Visa Processing (Not needed for initial phase):

Certified copies of birth certificates, copies of marriage certificates, and/or divorce decrees and death certificates, if applicable.
Certified copy of any military record should be submitted.
Certified copy of police record from the city where the applicant has resided for at least 6 months since turning 16. These records may include but not limited to information on former arrests, crimes, court, regardless of amnesty, pardon, or other clemency.

NOTE: There may be additional documentation necessary depending on an individual case-by-case basis.

Regional Center Information

To qualify as an investor under U.S. Securities Law, you need to be an accreditedinvestors, as defined by various security laws that describes investors permitted to invest in certain types of higher risk investments, limitedpartnerships, and more. In the U.S. an individual is considered to be an accredited investor if he or she has a net worth of at least $1 millionor has made at least $200,000 each year for the last two years ($300,000 with spouse if married).

Additional documentation will be provided to you by the Regional Center upon its receipt of your escrowed funds. The Law Offices of Kravitz & Guerra, P.A., will assist you and will communicate on your behalf with the Regional Center in order to request the Regional Center’s qualifying information.

The hiring of an attorney is an important decision, which should not be solely based on this article alone. Before hiring an attorney, be sure to verify information regarding their experience and qualifications.

Generation Debt to Generation Earn via usnews.com

Wed, 08 Dec 2010 10:59:34 -0500

Generation Debt to Generation Earn

via usnews.com

Non-Disclose Agreements for Small Businesses

Tue, 07 Dec 2010 10:53:00 -0500

Starting a small business is a very complex process. It is important that you take every step necessary to protect your business idea. The preeminent way is by having your attorney draw up a non-disclosure agreement. These agreements protect you business plans and ideas. Listed below are few instances in which you should consider presenting a non-disclosure agreement:

Before presenting idea to a potential partner. The best way to protect your new invention or idea before presenting it to a potential partner or investor is requiring them to sign the non-disclosure agreement. This will legally prevent them from sharing your ideas with the public. This includes any future developments, new products, or updated technologies.

When sharing financial information. Before sharing any financial information with any potential buyer or co-venturer, including marketing, advertising, manufacturing and all other business cost, is another good time to protect your company by contacting an attorney and presenting a confidentiality agreement.

New Hires. Most likely each employee, to a varying degree, will have access to confidential and proprietary information throughout the course of their job. There is different private information in each department, the employee will have this information regarding you business available to them. Therefore, at time of hire each employee should be required to sign a non-disclosure agreement.

These are just a few instances in which a small business owner may want to choose to protect their business by presenting such confidentiality agreements. There is a broad range of material that you can consider confidential. It is important that you consider this carefully and seek legal advice from your attorney to properly protect your innovations and your business.

Small Business Jobs Act Of 2010 In late September, President...

Wed, 24 Nov 2010 12:52:00 -0500

Small Business Jobs Act Of 2010

In late September, President Obama signed The Small Business Jobs Act which includes a series of small business proposals that he had put forth earlier this year. This legislation will provide critical resources to small businesses making it the most significant piece of small business legislation in over a decade with a lending fund of $30 billion. It will offer entrepreneurs and small businesses $1.5 billion to support state-run small business lending programs, tax cuts, and other provisions.

Listed below are the key benefits and enhancements. Contact your attorney for legal advice on acquiring these loans and setting up your small business.

Highlights:

Extension of Successful SBA Recovery Loan Provisions:

Immediately supports loans to over 1,400 small businesses.

Double’s the Maximum Loan Size for The Largest SBA Programs:

Also temporarily increases the maximum loan size for SBA Express.

New $30 Billion Small Business Lending Fund:

Provides capital to small banks with incentives for small business lending.

Promotes Small Business Exporting, Building:

Turns Export Express pilot loan program into a permanent program.
State and Trade Export Promotion Grant Pilot will provide over $90 million in competitive grants.
Strengthened Export Counseling Services.

$12 Billion in Tax Relief to Help Small Businesses Invest in Firms & Create New Jobs:

Eight Extension Expansion Tax Cuts.

Strengthens Small Businesses Ability to Compete for Contracts:

Equal Treatment across Federal Contracting Programs.
Eliminates the Competitive Demonstration Program.
Combats fraud, waste and abuse by holding prime contractors more accountable for their own subcontracting plans.
Puts in place a legal standing of “presumption of loss”.

Equal Pay For Women: Paycheck Fairness Act Voted Out

Thu, 18 Nov 2010 16:17:00 -0500

On Wednesday, the Senate voted out the Paycheck Fairness Act, 58-41, an update to the Equal Pay Act of 1963. The bill would have ended gender discrimination and the infamous wage gab between men and women.

The bill captured only 58 votes out of the 60 needed to bring it to the Senate floor for consideration. It had been passed by the House of Representatives nearly two years ago.

Barack Obama has stated that he is “deeply disappointed that a minority of Senators prevented the Paycheck Fairness Act from finally being brought up for a debate and receiving a vote.”

Gender discrimination in the workplace occurs more often than reported. Should you have any questions regarding the legality of the workplace discrimination, contact your attorney for a consultation.

It has been reported that women earn the majority of bachelor’s degrees, master’s degrees, and now Ph.D’s. Consequently, their earnings have increased and so has their purchasing power. Women have become the lead buyers of everything from everyday goods such as groceries to cars.

However, full-time women workers on average earn only about 80% of what men take home. When they first enter the workforce, the gap is relatively small, however, the gab increases substantially as men and women progress in their careers.

Some argue that the passing of the bill will skew the labor market and therefore increase the liability and potential of lawsuits for employers, and ultimatly increasing the cost of employing women. Moreover, it has also been speculated that it would limit each side’s ability to negotiate or defend legitimate pay differences and it would cause the implementation of more rigid and less merit-based pay practices.

Anger over Immigration.

Tue, 16 Nov 2010 11:37:00 -0500

Anger over Immigration.

Naturalization Through Military Service

Fri, 12 Nov 2010 12:46:12 -0500

The Immigration and Nationality Act (INA) expedites the application process for current member of the U.S. armed forces (Army, Navy, Air Force, Marine Corps, Coast Guard, components of National Guard and Selected Reserve of the Ready Reserve) and recently discharged members. Spouses of members of the U.S. armed forces may also be eligible for expedited naturalization. In order to determine eligibility you should contact a qualified immigration attorney. Listed below are some general qualifications provided by the U.S. Citizenship and Immigration Services (USCIS).

Qualifications

A member of the U.S. armed forces must meet the requirements and qualifications to become a citizen of the United States. He or she must demonstrate:
- Good moral character,
- Knowledge of the English language,
- Knowledge of U.S. government and history (civics), and
- Attachment to the United States by taking an Oath of Allegiance to the U.S. Constitution.
Qualified members of the U.S. armed forces are exempt from other naturalization requirements, including residence and physical presence in the United States. These exceptions are listed in Sections 328 and 329 of the INA.
All aspects of the naturalization process, including applications, interviews and ceremonies are available overseas to members of the U.S. armed forces and certain “command-sponsored” spouses.
A person who obtains U.S. citizenship through his or her military service and separates from the military under “other than honorable conditions” before completing five years of honorable service may have his or her citizenship revoked.

Service in Peacetime

Section 328 of the INA applies to all members of the U.S. armed forces and those already discharged from service. An individual may qualify for naturalization if he or she has:

Served honorably in the U.S. armed forces for at least one year,
Obtained lawful permanent resident status, and
Filed an application while still in the service or within six months of separation.

USCIS: Fee Adjustments

Thu, 11 Nov 2010 17:07:00 -0500

The United Sates Citizenship and Immigration Services have adjusted fees for immigration applications and petitions. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application. There are also reducing the fees for six individual applications and petitions and will expand the availability of fee waivers to new categories. The adjusted fees will go into effect on November 23, 2010. Please feel free to contact the Law Offices of Kravitz and Guerra, PA to speak to one of our immigration attorneys with any questions or concerns.

GreenBiz: Making Your Small Business Energy Efficient and Eco-friendly.

Tue, 09 Nov 2010 12:01:00 -0500

Improving the energy efficiency of your small business can be done easily and cost effectively. There are a wide variety of resources available from a broad range of organizations. The United States Environmental Protection Agency and EnergyStar have compiled a list of sources for each step of making your business green.

The first step is identifying the projects to pursue to make the proper efficiency upgrades. You may find free or inexpensive energy audits and/or rebates for energy-efficiency upgrades. Moreover, you should invite several contractors to your facility to suggest upgrades and provide free estimates. The following links may in this step:

The next step to kick starting your energy sufficient, environmentally friendly business is to find the funds to move your projects along. To help you locate special offers and rebates, Energy Star provides an online driven tool. More links for funding information and opportunities via Energy Star:

The Office of Small Business Development Centers (SBDC) is affiliated with the U.S. Small Business Administration (SBA), and has offices in all states offering free services to help small firms develop conventional loan applications for loans backed by the SBA. SBA loan programs include business start-up, expansion, property and disaster recovery.
Energy Star’s Resources: Finance, Products & Services
Energy Star’s Directory of Energy Efficiency Programs (DEEP)
EPA Small Business Gateway
DOE’s Energy Efficiency and Renewable Energy’s Financing Solutions & Incentives
National Association of State Energy Officials and Territory Energy Offices
Alliance to Save Energy’s Financing Energy Sufficiency
Local Government Commission’s Funding Opportunities

The third step to getting an energy-efficiency project on its way is to hire an experience, competent contractor. Before hiring an contractor, you should consider having your attorney review any contracts. There are many contractor associations that offer valuable information on hiring the right contractor, and offer directory listings. Amongst these, Energy Star provides:

Once you have identified your projects, acquired the proper funding, and hired an experienced contractor, you will need to prioritize and manage your projects. Your contractor may help you prioritize your energy-efficiency projects. For complex projects you may need someone that has experience managing that type of project. The key factor of implementing energy-sufficient projects is to asses the energy performance to ensure that saving are being achieved.

The Black's Annual Gala: "That's What Friends Are For"

Thu, 04 Nov 2010 10:59:00 -0400

The Black’s Annual Gala will take place next spring on April 2, 2011 at The Fontainebleau in Miami Beach. It will be benefiting The Consequences Charity, a 501(c)(3) non-profit organization dedicated to fundraising for at-risk youth. The charity, founded by Lea Black, has been working with the Juvenile Services Department for over 15 years providing assets for families. Additionally, they develop programs to support inventive and cost effective community resources, including after school activities, counseling and intervention.

The gala promises to be Miami’s top charitable event. The theme for the 16^thyear installment will be, “That’s What Friends Are For””. It will feature performances by Pharell & Friends and Dionne Warwick. As part of the entertainment there will be a cocktail reception, a luxury couture shopping event benefiting the charity, a fashion show and a four course gourmet fine dining experience. Can’t make it out for the fun? You may still show your generosity by donating at: www.theblacksannualgala.com

Photo

Wed, 03 Nov 2010 16:53:00 -0400

Know Your Amendments! Candidates aren’t the only things on...

Tue, 02 Nov 2010 09:41:07 -0400

Know Your Amendments! Candidates aren’t the only things on the ballot.

Via NBC MIAMI