About Justin Lum

A. Justin Lum, Esq. has over 25 years experience as an attorney in the Greater Los Angeles area, specifically helping small business owners like himself, budding entrepreneurs, and anyone in need of assistance with intellectual property matters.

Green Card Holders - Get naturalized now!

By Justin Lum 0

If you’ve been a permanent resident (green card holder) for five years or longer, why have you not applied for citizenship yet?

Our immigration attorneys are always encouraging people to apply for naturalization–relatives, friends, and clients alike! We don’t encourage you to apply for citizenship to collect attorney fees, rather, we encourage you to obtain your citizenship for your own sake. We’re just Good Samaritans looking out for you and your family.

“Of course I want to be a U.S. Citizen”

If you understand why we encourage permanent residents to apply for citizenship–that’s great! Stop reading right now and go file your application immediately! These days, filing your N-400 Application for Naturalization couldn’t be easier–you can apply via mobile app and even pay with a credit card.

However, due to a great number of permanent residents realizing the importance of citizenship, United States Citizenship and Immigration Services (USCIS) is behind in processing and the entire process may take a year–or longer! All the more reason why you should get started on your naturalization process today (See our article: Want to get Naturalized? Here’s everything you need to know!)

“But, <insert your excuse>”

If you’re not sure why we’re strongly encouraging green card holders to apply for naturalization, then keep reading, because we have an important message for you.

Here’s the message:

As a U.S. permanent resident, your residency permit is not guaranteed.

What this means is that you may lose your green card at any moment. It could be caused by a change in laws, an unforeseen arrest, or perhaps you’ve had too many DUIs. You could lose your green card if you decided to study abroad, work abroad, or visit relatives for an extended period of time. You could have your permanent resident card revoked at the border for any one of the above reasons, and in the extreme, you may even be placed in a detention center or deported.

In other words, your “right” to remain in the U.S. is conditional, meaning it can be taken away from you.

With many changes being made under the new administration where current laws and regulations are being followed more closely than ever before, it’s important to review your history and decide if it’s time to naturalize.  Green card holders with criminal records are being detained and deported. The amount of time a permanent resident stays in the U.S. versus abroad is closely scrutinized.  Border control inspect green card holders carefully, checking their “permanent residence” category, flagging suspicious looking residents, and running FBI background checks.

If our message doesn’t convince you to apply for citizenship, then consider USCIS’ Top 10 Reasons Why You Should Get Naturalized:

  1. Voting Rights – The right to vote for gov’t representatives.
  2. The Right to Serve on a Jury – The right to participate in justice.
  3. U.S. Passport – The ability to travel with a U.S. passport and be protected in the U.S. embassies of foreign countries.
  4. Bring Relatives to the U.S. – The right to petition for relatives to immigrate to the U.S.
  5. Children under 18 can become U.S. Citizens – For your children, even if born abroad, to (likely) have automatic citizenship.
  6. Apply for Federal jobs – The right to apply to the many federal positions that are limited to U.S. citizens.
  7. Run for Public Office – The right to become a politician and represent your community.
  8. Maintain Residency – The right to leave the U.S. for as long as you want and still be welcome back.
  9. Eligibility for Federal grants and scholarships – The right to apply for federal student grants and scholarships.
  10. Eligibility for Government benefits – The right to apply for certain gov’t benefits that are limited to citizens.

If you’re convinced, head over to the USCIS N-400 page to read more about the naturalization process, or read our summary here.

If you have still have questions, send us a message or give us a call!

Getting married? Prepare for immigration

By Justin Lum 0

Many of our clients come to us for assistance with their Adjustment of Status (I-485), better known as green card, applications, thinking it will be as simple as filling out a form and paying the filing fee.  It is not.

Those who come to us after receiving a Request for Evidence (RFE) or worse–an Intent to Deny know this to be true.  They tried to file an adjustment application on their own, DIY style, and soon found that USCIS requires more from a spouse petitioning for the other than a marriage certificate.

When love needs proof

In fact, USCIS requires several items in order to prove a bona fide (genuine) marriage.  You can prove that your relationship is true, and not formed for the purpose of obtaining immigration benefits (marriage fraud) by showing the emotional, romantic aspect of your relationship, but also the practical, future-planning aspects of your relationship.  For immigration purposes, you have the burden of proof, meaning it is your duty to show the immigration officer that your marriage is real and it is the immigration officer’s duty to assume your marriage is fake. A good rule to keep in mind while preparing your applications.

When love is not enough

Many young couples focus on the romance, providing photo after photo, love messages, photos with joint friends, declarations, love letters, love emails, and even proof of milestones celebrated together.  If you have such evidence, they should definitely be submitted, but a romantic relationship is not the same as marriage.  The immigration officer wants to see proof that your “boyfriend” or “girlfriend” is not just your crush, but is also your “life partner”.

Examples of proof:

  • You both have State Drivers Licence with the same shared address
  • You’re the “emergency contact” for each other at work
  • You’re both listed on your lease (and you should live together)
  • You’re both listed on each other’s auto insurance (or you share a policy)
  • You have an add-on gym membership for one or the other

Money trumps love

How do you prove that you’re entwined for the long haul? You share money. USCIS wants to see married couples enmesh their finances from the day they get married.  If you plan on applying for adjustment right after getting married, it might be a good idea to get started while still engaged as USCIS prefers to see continuity.

Examples of proof of joint finances:

  • Joint bank account
  • Joint credit card (or a side card)
  • Joint debt
  • Joint phone lines
  • Joint car ownership
  • Joint property ownership
  • Joint medical insurance policy
  • Joint rental/home insurance policy
  • Joint auto insurance policy
  • Joint utility bills
  • Joint tax returns
  • Trust where you’re both beneficiaries

When you have a love child

If you’re expecting a child, or have already given birth to one, then birth certificates and photos of your child will be proof of a love relationship as well.

 

As you can tell from the list, some of these take time to create and change, some take time to apply, and others take time to obtain. It doesn’t help to create a joint bank account today and submit a statement tomorrow as there will be little to no transactions on the statement (a detail many forget!)  Be sure to start preparing for your marriage-based adjustment as early as you can to avoid time wasted on RFEs or just your lawyer, asking you for these things before submitting.

 

Diversity Lottery

By Justin Lum 1

Deadline: November 22, 2017

Where to register: U.S. Department of State website

Cost: Free

Instructions: Download here

Despite recent headlines, the 2019 Diversity Lottery is still available! If you would like to register for the diversity lottery, you still have time.  At least 50,000 green cards will be available to those born in foreign countries, that meet only TWO conditions:

#1. Born in any foreign country EXCEPT the following ineligible countries:

Bangladesh

Brazil

Canada

China (mainland-born)

Colombia, Dominican Republic

El Salvador

Haiti

India

Jamaica

Mexico

Nigeria

Pakistan

Peru

Philippines

South Korea

United Kingdom (except Northern Ireland) and its dependent territories

Vietnam

 

HOWEVER, persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

According to instructions, if you were born in one of the above countries, you can still qualify if your spouse is born in another country or if your parents were originally from another country (not listed as ineligible).

#2. Education or Work experience

The U.S. requires Diversity Lottery participants to have at least twelve years of schooling OR five years of work experience that required at least two years of vocational training.

 

If you decide you’d like to try your luck with the Diversity Lottery, we would adviseyou to fill out the application carefully! We have known clients who won the Diversity Lottery but failed to account for all their children, failed to mention a pregnant wife, or some other minor mistake that later caused a lot of trouble, requiring legal representation.

Is EB-5 the only option?

By Justin Lum 2

Scenario:

You have a real estate client who wants to come to the United States and stay here. Maybe not now, but he wants to eventually immigrate here.  The question is how does he do it?  How can real estate contribute to his desire to immigrate to the U.S.?  Is it part of his plan to immigrate or to finance his project in the U.S. (commercial) and/or a result that desire to immigrate (residential)?

Why do we have this situation?

  1. Recently, we have had a large influx of Immigrants or Foreign Nationals who are purchasing homes or commercial real estate for investment or for their business.
  2. Often times these individuals are assessing how they can take advantage of U.S. immigration to either (1) allow them to immigrate themselves, or (2) like other developers, to give other foreign investors an additional incentive to invest in the individual’s project.

Main point to remember for any project under any immigration category, the business that is started here is for the purpose of opening a business, not for the purpose of just obtaining immigration benefits.  Not only grounds to not approve application, but business will not be successful, which may affect ability to receive approval based on business anyway.

There are two main immigration categories that best satisfy this need.

These two categories are generally referred to as (1) EB-5 or immigrant investor programs and (2) L-1 or EB-1C Intracompany transfers

  1. EB-5 Program

The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Initially, these programs were by direct investment.  Under a pilot immigration program first enacted in 1992 certain EB-5 visas also are set aside for investors in Regional Centers designated by U.S. Citizenship and Immigration Service (“USCIS”) based on proposals for promoting economic growth, utilizing both direct investment and indirect investment.  In either case, the immigrant investor obtains permanent resident status through investment in the United States.

The entire program is currently approved through September of this year.  USCIS and Congress are debating reauthorization of the program with changes to some of the requirements which I’ll note throughout our discussion later.

 

Requirements

Investment from the individual must be at least $500,000 or $1,000,000.  If the investment is in what is called a Targeted Employment Area (“TEA”) where the unemployment rate is 150% of the National Unemployment rate, or $1,000,000 if not in a TEA.  A TEA designation can be determined by both federal and state measurements.

However, this amount may go up in the near future as USCIS has requested that Congress.  USCIS has requested, and Congress is considering, raising the TEA amount to $800,000 and the non-TEA amount to $1.2 million.  This could start as early as October of this year, or could start later, if Congress decides to make these changes.

Create 10 full time jobs in a new business, or save 10 old jobs from a business that is losing money.  The employees must be U.S. Citizens, permanent residents, or other immigrants authorized to work and but cannot be an investor’s spouse or children.

Initially, after filing an application, an Investor receives a 2 year conditional, or temporary, permanent resident card, or “green” card as it is commonly known.  After the 2 year conditional period, the investor must demonstrate the business continues to operate, is continuing along with the plan provided to USCIS, and/or has met its goals, at which time the investor will receive a permanent green card.

 

Traditional EB-5

A traditional EB-5 investment is a direct investment by an investor into a new business or a business that is losing money.  The money is invested directly into the business, and the business must hire at least 10 full time employees.  In addition, the investor must have an “active” role in the business.

 

Pilot Program – Regional Center – EB-5

Under the “regional center” model, an investor may invest in a project that is created under the umbrella of a third party “regional center”.   Under this model, an investor may be a passive investor that invests his/her money into a project, which has created sufficient direct and indirect jobs sufficient to cover however many EB-5 investors are planned for the project.

 

Differences between the two EB-5 programs?

  1. Direct investment (traditional) vs. Direct and Indirect investment (regional center)

Indirect investment – Jobs that will be created by project, but be employed by other companies involved in the project

  1. Direct involvement (traditional) vs. no involvement (regional center) in activities of company

 

Advantage of EB-5 investment

  1. Both programs – Does not matter what the company does, it does not have to be related to the background of the individual, individual just has to have sufficient money to invest and must have job creation.
  2. Investor has direct control of how investment money is spent.
  3. Regional center- does not require any involvement in operations of business.

 

Disadvantage of EB-5 investment

  1. Both programs

– Is an investment, money is at risk

– “Priority date exist for investors from China, meaning that after investing in a project, there may be a lag time before the investor can actually apply for a green card.  If the investor is in the United States, he must have legal status under another visa.  Otherwise must return to home country after prior authorization to stay expires before becomes out of status.

– limited number of visas per year (10,000), although number of investors is increasing.

– Long processing times- 13.4 months for processing initial application (I-526) for investor approval  and 13.4 months processing time for approval of final application (I-824) for “permanent” permanent resident card.

  1. Traditional EB-5

– Investor must operate the company for a long period of time, which means there are employees to pay for a long period of time.  Since the goal is to increase jobs, this only becomes an issue if company is losing money.  No investor is expected to run a losing operation for an extended period of time, but since the EB-5 goal is to create jobs, any business that is closed down less than a year after the investor receives his permanent green card has a greater risk of being audited and the green card taken away.

  1. Regional Center EB-5

– No control over the investment.

– If the project is not completed or project deviates from purpose, conditional green card can be taken away.

L-1

The L-1 visa is a nonimmigrant visa that allows a foreign corporation to transfer executives or managers to U.S. subsidiaries to operate the U.S. subsidiary on behalf of the foreign corporation. Initial period is 6 (L-1B) or 7 (L1-A) years.

L1-A – managers and executives

L1-B – professional managerial person (Engineers, accountants, etc.)

If the U.S. subsidiary has operated for at least one year in the United States, the company may petition for managers or executives to obtain permanent resident status (EB-1C)

Of course, the likelihood of the company to successfully petition for their employee to obtain permanent resident status can be highly dependent on the success of the foreign company and the subsidiary, the number of employees, and the revenue generated by the subsidiary.

  1. Requirements for L-1.

– U.S. company is owned at least 51% by a foreign company.

– Manager/executive transferring must have been a manager/executive with

relevant experience at foreign company for at least 1 year out of the previous 3

years

– Manager/executive transferring must be employed by subsidiary in an appropriate managerial position

  1. Advantages.
  2. Allows managers/executive to be transferred fairly quickly, processing time can be as quick as 1 month, but more likely 4-5 months if additional evidence is requested.
  3. Processing time for obtaining permanent resident status also is fast, approximately 8 – 12 months once the petition is filed by the company.
  4. When starting a company, less money must be invested in order to start the company and allow for L-1 applicant.
  5. Disadvantages.
  6. Person being transferred must have been shown to have worked in parent foreign company for the required period of time as a manager/executive.
  7. Work experience and/or educational experience must be related to new position in U.S. company.
  8. Generally more stringent regulation by USCIS.
clothing copyright zipper denim

By Justin Lum 0

Do you or your company make designs that are used in fabrics for sale to companies that export to the United States either fabric, or finished clothing companies in the United States?  Or are you a buyer of designs made by people outside the U.S.?  What you may not realize is that there may be companies in the United States that see those same designs and are then making slight variations of those designs and then registering copyrights in the United States on those variations to then accuse the imported fabrics of infringing the variations.

This may impact your company’s ability to sell fabric and/or garments in the United States.

How can you prevent this from happening?  By filing a U.S. copyright registration first.  Our office can help you to register copyrights for your designs in the United States.  This will not only protect your designs from being copied by companies in the United States, but provide assurances to your buyers in the United States and enhance your company’s reputation within the industry drawing companies to use your copyrighted designs because they know they are protected in the United States.  Contact us so we can determine what is the best and most economical way to protect your intellectual property.

Family immigration

By Justin Lum 0

Did you know that children born to US citizens living outside the US are no longer automatically considered US citizens? As US citizenship is no longer automatic for children born to one or more US citizens overseas, it’s important to prepare for the process of obtaining a Consular Report of Birth Abroad (CRBA) for your child.

Under the Child Citizenship Act (CCA),

 “…the U.S. citizen parent of a child living abroad must have five years of physical presence in the United States or its outlying possessions with at least two years occurring after age 14, in order to apply for citizenship on behalf of the child.”

After you make an appointment with the embassy, gather evidence of your citizenship and US residence. You will have to provide that information in person. But what kind of evidence are they looking for? Proof of citizenship is explained on the US Embassy, Beijing as follows:

“Physical presence is the actual time when the parent was physically within the borders of the United States. This means that any travel outside the United States, including vacation, should be excluded. Maintaining a residence in the U.S. does not constitute physical presence. You may submit tax returns, wage statements (W2s), school transcripts, utility bills, rental/lease agreements, etc. as evidence of your physical presence in the United States. If you submit W-2s as evidence of physical presence, please also submit a letter from the employer stating your period of stay in the U.S. If a parent is a naturalized U.S. citizen, previous Chinese passports can be used as evidence of physical presence.”

The CRBA form (FS-240) requires applicants, both US citizen and foreign national parents, to cite when and where they were in the US, which other countries they’ve been in, and what the purpose of their stay in the US had been.  Hard evidence supporting the exact dates is necessary for the interview.

For more information on how we can help you, please contact our office.

Man and woman

By Justin Lum 1

Family Based I-130 – Reminder to parents!

It is important to keep records of the care you give your children, even when divorced.

We recently helped a client to obtain permanent resident status based on a petition from the U.S. citizen child as a divorced parent who did not have custody of the child.

A commonly overlooked requirement for a U.S. citizen child petitioning for a parent to adjust the parent’s status to a permanent resident is that the parent must demonstrate parental support of the child. This support can take many forms:

  • monetary support to the family,
  • payment of school fees,
  • other kinds of support, even signing off on a report card.

All these items demonstrate evidence of parental support that is required for approval of a such a petition. So, keep your records:

  • keep receipts,
  • if you wire cash, keep copies of the wiring instructions,
  • receipts from payments to schools,
  • purchases of clothing.

All these could mean the different between an approved petition and denied petition for your adjustment of status. At Lum Law Group it is the small things to which we pay attention in order to help you achieve your immigration goals.

 

亲属移民申请（I-130）。即使离异，你对孩子的关爱也是一种重要记录。我们最近帮助一名客户获得了美国永久居住证，而这名客户离了婚并且没有孩子的监护权。但是通常忽略了美国孩子为父母申请永久居住权时，需要证明父母对孩子的支持帮助。这种证明要填写很多表格，家庭收入、学费支付、甚至离职报告卡;所有这些项目都是证明父母愿意抚养孩子必要的证据。所以保存好你的想送记录，比如收据，汇款单据复印件、学费单据、买衣服的发票。这些可能意味着申请通过还是被拒绝。

林律师集团致力于每一件小事，帮助您达到移民的目标。

House of Representatives

By Justin Lum 1

Yesterday the Supreme Court made it easier for patent litigation winners to obtain their attorney fees from the losing party in “exceptional” cases.

Although there are standards to be met, the Supreme Court has, in overturning the Federal Circuit, given more power to both plaintiffs and defendants when there is misconduct by either party during the litigation, regardless of whether it is sanctionable.  The Supreme Court has stated that a case with merit-less claims or (rather than “and”) brought in subjective bad faith, may warrant an attorney fees award. Ocean Fitness v. Icon Health.

 

昨天最高法院推进了一项法例，在特殊专利诉讼中，获胜方可以从败诉方获得律师费。尽管条例标准即将出台，最高法院已经赋予原告和被告更多权力，当在诉讼中他们中的一方因另一方的不端行（无论是否该受到制裁）而受损害时。最高法院已经表明在案件中，其中一方无价值的陈述或着带入主观错误观点，可能会奖励另一方律师费。

Choose someone professional

By Justin Lum 3

IMMIGRATION – ASYLUM APPEAL
Recently I appeared before the Ninth Circuit for oral argument on a immigration appeal where my client was originally granted asylum, but the case was reopened on a motion by the government and subsequently the trial court found he had filed a frivolous asylum application but still granted him withholding of removal. After appeals by both my client and the government, the Board of Immigration Appeals affirmed the frivolous asylum filing but overturned the withholding of removal grant, which led us to the Ninth Circuit. Right now it is uncertain how the Ninth Circuit will rule. But the main lessons from this case? Use a competent immigration attorney to prepare your immigration documents and know what is in your document before you sign it.

In the situation above, the problem was that when my client first decided to apply for asylum, he didn’t know anyone, so he was referred to a “service” that helped prepare asylum applications. My client provided a statement, but the company decided to alter it and then told him he had to abide by the altered statement or else. My client, a new immigrant, was terrified and didn’t know to whom to turn, and thus, from fear, did what he was told to do.

In the end, the principals of that “service” went to jail for a some years, and my client…faces a lifetime ban on living in the United States with his U.S. citizen wife and U.S. born child. All this because he relied on a “service” that skirted the laws and didn’t really care about the effects on those it was supposedly there to help.

And that is why for any immigration issues you need to use a competent immigration attorney. The attorney has his own license and reputation to worry about. Because of that he is going to honest and open with you and do what is necessary for your case, without putting you in a position where they can lose everything, as happened in this.

In the end the victim of persecution has become a victim of those who are supposed to be helping him, possibly preventing him from even finding any legal alternative to obtaining lawful status in the United States.

在第九巡回法庭展开一场关于移民诉讼的辩论，我的一名客户原本获得了庇护，但政府和预审法庭后来发现他填写的庇护申请过于草率时请求重新审理案件，但依然给予了暂缓递解。后来客户和政府进行了多轮申诉。移民委员会上诉证实了草率庇护，取消了暂缓递解。因此我们只能寻求第九巡回法庭。现在不确定第九巡回法庭会如何判定。但我们可以从这个案件中认识到，找一个有能力的移民律师来帮助准备你的移民文件，让你在签下这些文件前知道这些文件是干什么的。

在上面的情况中，问题出在当客户决定申请庇护时，他不认识任何人可以估这件事，因此他找了一个可以帮助他准备庇护申请的服务机构。客户提供材料，但这家服务公司决定篡改材料，然后告诉他必须承受篡改文件的后果。我的客户是一名新移民，听到这些就吓坏了，也不知道可以向谁寻求帮助，别人叫他做什么他就做什么。

最后，这家服务机构的负责人坐牢去了，同时我的客户面临着在美国终身监禁，他和他的美国妻子已经生了孩子。所有这些都是因为他找到的这家服务机构在跟法律打擦边球，而且不真的关心那些可能会产生什么后果。

这就是为什么任何移民都应该找一个有能力的移民律师。并且应该关心律师是否有自己的执照和声誉。因这样的律师才会诚实做事，全力帮助你做你关心的事，不会将你置于他们可能会失败的情况中。

最后这名受迫害的人已经成了他曾寻求帮助的人的受害者，可能阻碍他在美国寻求法律途径获得合法身份。

Intellectual Property Rights - What's Mine Is Mine

By Justin Lum 2

It’s been stated that “good artists borrow and great artists steal”. Whether or not that’s true is irrelevant but what is relevant is that if you’ve invented or created something, it’s yours. Even if others disagree, you’re protected under the legal statutes of intellectual property rights. However, creative ideas, no matter how original, are intangible and proving that something was yours first can become murky and difficult to prove. In some instances it becomes necessary to hire an attorney to ensure that you and your creation are properly safeguarded against potential thieves. Especially if your idea has the possibility of generating capital, certain legal defenses need to be in place to assure you, the inventor, that what you’ve created is yours and not to be copied, identically designed, or otherwise stolen all together.

There are two types of intellectual property rights, copyright and industrial, that defend against different aspects of intellectual property. Copyright law states that anything artistic in nature, such as literary or musical works, are protected against duplication. Industrial property, which consists of distinctive things like trademarks and symbols, are similarly secured. No one can copy the logo or symbol of a corporation without being held accountable for infringement, nor can anyone pass off a hit song as their own. Intellectual property rights protect both individuals and companies as a whole.

With the rapid rate of technological expansion, copyright and industrial infringements are becoming evermore prevalent and it’s more important to know your rights as a creator. These laws are in place to ensure the growth and expansion of our arts communities and to protect those who participate. To guarantee the fullest and most thorough protection available it may become necessary to hire an attorney. After all, no one knows the law better than a lawyer and to make sure that you’re getting the maximum level of defense our legal system can offer, hiring a lawyer is the safest bet.

It’s not difficult to steal ideas and if your idea is bankable or otherwise important to you then you may need the aid of a lawyer to confirm that your property is protected under the law. The likelihood is that what you’ve created is important to you, and possibly profitable to others. If it’s important enough to protect legally from potential thieves then hiring a lawyer is a concrete way to create peace of mind. Never has the phrase “a mind is a terrible thing to waste” had more meaning and relevance than when discussing intellectual property.http://www.lusmile.com

 

This article was written by Roger Brent Hatcher, an attorney at Smith, Gilliam, Williams & Miles, a leading Atlanta Law Firm since 1928.

Article Source: http://EzineArticles.com/?expert=Roger_Brent_Hatcher
Article Source: http://EzineArticles.com/6729508

 

常言道:好艺术家借鉴，伟大的艺术家剽窃。这句话是真是假与我们无关，但如果我们发明，或着创造一件完全属于自己的东西的时候就与我们有关了。即使别人不同意，但你还是被知识产权法保护。然而，无论多么原始的创意都是无形的资产。但要证明那些创意是你首先提出来的也非常困难。在某些情况下你需要雇一位律师来确保你和你的创意能合适地被保护，并对抗潜在的剽窃。尤其是如果你的创造可能会转变为资本，必然要适当的法律保护来确保你是发明者：那属于我，不可复制，不可模仿，不可剽窃！

知识产权有两种类型：著作权和商业权，分别用于保护知识产权的两个不同方面。本质上著作权是指艺术类作品，例如文学和音乐作品，是受保护不可被复制的。商业资产是由类似商标和标志可区分的事物组成，商业资产也一样受到保护。没有人能在没有授权的情况下复制一个企业的标志或商标。当然任何人也不应该忽视自己创造的流行歌曲。总地来说，知识产权同时保护个人和企业。

随着科学技术的急剧发展。侵权行为也比以往更普遍，创作者了解自己的权益也愈发重要。那些法律可以适当地确保我们作品累积和保护那些参与者。为了确保最完整和最彻底的有效保护，这可能就需要雇一位专业律师。毕竟，没人会比律师更懂法律，也能得到法律系统提供的最大化防护，所以雇一位律师是最安全的投入。

要剽窃一个创意并不难，如果你的创意可能产生经济效益，否者你可能需要律师的帮助，来确保你的资产受法律保护是很重要的。可能你创造的东西与你而言很重要，但也可能对其他人来说也有利可图。足够的法律保护避免潜在的剽窃，而雇一位律师正是一个让你后顾无忧的具体方式。当说到智力财富的时候，不再让谚语“浪费心智是一件可怕的事”跟自己有更多关系。

 

 

    *本文由罗杰*布伦特*哈切撰写，他供职于创建于1928年的斯密斯*吉利姆*威廉姆斯&米勒律师事务所
Happy Immigrant

By Justin Lum 0

Immigration procedures are long and complicated, and they usually take a lot of time to complete. Even after you’ve completed the form filling, the time you have to wait for approval is an exceptionally long one. In some cases, the approval may take a few months or even several years. At other times, people have their immigration application rejected because they haven’t completed the procedures properly or because their immigration application was lacked something.

Another complicated aspect about immigration is that the immigration laws are constantly reviewed an updated on a regular basis. These laws change frequently depending on the political state of the country, and the country’s stance on immigration. Without knowing about these law updates, it’s very risky to apply for immigration on your own. You might end up in a mess if you haven’t read the latest immigration laws of the country and that might result in deportation or legal action against you as well.

In such cases, it’s necessary for people to hire an immigration law attorney for themselves. These immigration law attorneys are well-versed with the immigration laws of your country and they know all about the immigration application procedure. These immigration attorneys dedicate ample of time to help you get your immigration approval and are a good source of guidance when it comes  filling out the immigration application.

Some people might also need to provide referrals for the immigration application. Individuals who have something lacking in their application might need to do so. Even in such special cases, the immigration law attorney can help you by providing you with the references you need for the application. These attorneys will also be able to refer you to some prep courses that you will need to take in order to pass the citizenship test you’ll have to sit for, once you’ve handed in your immigration application.

When you have an immigration law attorney involved with your immigration application procedure, and your application is rejected, the attorney will be able to appeal against the rejection. The lawyer can complete all the paperwork promptly and you’re even safe from the risk of being deported immediately. The lawyer will try to do everything he/she can to ensure that the decision is entirely in your favor and the court verdict is positive for you.

When filing for an appeal against a denied application, people might have to present themselves in front of immigration authorities. The immigration law attorney will be able to guide you about how you need to present yourself, while focusing on representing you to the authorities as well. The lawyer will be able to keep you updated about the progress of your appeal and will inform you about any hearings that you will have to attend.

These are just some of the general reasons why one might need to hire an immigration law attorney for themselves. Everyone has different reasons for hiring an attorney to represent them, but the bottom line is that an attorney’s assistance in immigration applications can save you from a lot of trouble and might even speed up the approval process for you.

 

移民流程不但漫长，而且复杂，通长要花很多时间才能完成。甚至在填写完文件之后，等待审核的时间也相当漫长。在某些情况下，审核可能要花上数月甚至数年。其它时候，有些人的移民申请被拒绝是因为没有正确完成移民手续，或着因为缺失一些文件。

另一个复杂的事情就是与移民相关的法律经常更新，和对更新后的法律解读。这些法律会根据国家的 政治形势和国家移民立场经常改变。如果不知道法律已经更新，自己去申请移民是一件风险的事情。如果没有了解国家最新的移民法，可能最后你会感觉一团遭，还会导致被驱逐出境或着引起不必要的法律麻烦。

在这种情况下就需要雇一位移民律师。这些移民律师对你国家的移民法非常精通，他们了解所有关于移民申请的步骤。而且他们愿意奉献大量时间来帮助您的移民申请能过获得通过，在填写移民申请的表单时也能给予好的指导。

有部分人的移民申请可能需要提供一些参考资料。他们缺少了一些申请可能会需要的东西。甚至在特别的情况下，移民律师能助你提供移民申请会用到的参考资料。一旦移民申请被接受了，律师也会给您推荐一些准备课程，帮助通过公民入籍考试。

当有移民律师参与到你的移民申请过程中来，就算申请被拒绝，律师也有会帮你上诉要求驳回拒绝。律师能书快速帮你完成文书工作，甚至让你立即避免被遣返的风险。他们也会尽最大努力做对你有利的任何事情，让法院做出对你有益的裁决。

当申诉拒绝申请时，当事人可能需要在移民局上出席，移民律师会指导你怎样在法庭上陈述自己的观点;当然，也可以代表你出席。’律师会留意申诉的最新进展，需要出席听证会时也会尽快通知你。

这里只列举了雇一位移民律师的常见理由。每个人雇律师的原因不一样，除了可以在移民申请提供专业法律援助外，也可以帮你省去很多麻烦，甚至提高申请审核速度。

If you’re looking for the services of a a reliable immigration law attorney, you should visit Verdin Law. Verdin Law will be able to provide you with all the information you need in this regard, on their website http://www.verdinlaw.com

Article Source: http://EzineArticles.com/?expert=Aisha_A_Rahman
Article Source: http://EzineArticles.com/7307754

American flag and man

By Justin Lum 0

You may qualify for government benefits, whether it’s low-cost insurance, food stamps, rent-control housing, etc. (check if you qualify here), but what you should be asking yourself is whether you need government assistance.

 

You might be inadmissible…

Every immigrant application asks if you will become a public charge, which means a public burden (someone who relies on public assistance/benefits).  If you select “yes”, you may become inadmissible. This is also why you need a sponsor to adjust status (I-485).

 

But I already have a green card…

If you have already received your green card, it’s important to note that under the Immigration and Nationality Act, Section 237(a)(5) it states:

 “Any alien who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.”

This means that even if you have a Permanent Resident Card (green card), you cannot relax and assume that you have the same rights as US citizens.

US Flag and Justice

By Justin Lum 1

A waiver is “legal forgiveness”, which can be requested if you have a condition, a record, or any other reason why you may be considered “inadmissible” or if you’re in the US “unlawfully” (out of status).

If you’re deemed inadmissible, find the I-601 form and information here.

If you’re unlawfully present (illegal), find the I-601A form and information here.

 

To file either form, the key is to provide enough evidence (proof) that you should be allowed to enter/stay in the US. If you’re not sure how present your case to USCIS, or if you’ve filed the form and received a Request For Evidence (RFE), contact Lum Law Group for legal assistance.

Waiting in the Airport Lounge

By Justin Lum 0

If you are out of status and deemed “removable”, you will be placed in “removal proceedings” and scheduled for a “Removal Hearing” with U.S. Immigration court.

You will receive a “Notice to Appear” (NTA) which informs you when and where your hearing will take place.

The government will provide proof as to why you are “removable” (can be deported) and present it to the Executive Office of Immigration Review (“EOIR”) Office of the Immigration Court. This is also where you can defend yourself by proving you are not removable or request “relief” from removal.

The first hearing is a “Master hearing” where everyone will determine how to move forward with your case.

Many aliens will give up at this point and request “Voluntary Departure”, which means you will leave the US of your own accord. Keep in mind that even if you leave voluntarily, you will still be subject to penalties (such as a travel ban).

If you do not wish to leave voluntarily, you can go through the motions and prepare for your next hearing (sometimes a “merits” hearing).

Each case is different and each alien has their own circumstances. If you aren’t sure if you can handle court cases on your own, contact Lum Law Group for legal assistance.

 

Attorney with laptop

By Justin Lum 3

Choosing an attorney is a personal decision.  No one can tell you who you should hire. Having said that, here’s a few factors that people often consider when choosing an attorney.

Fame

You can definitely think of at least one “famous” attorney. Maybe you’ve seen his billboard ad. Perhaps you saw his many ads in the newspaper, on top of a Google search, or on a website you were browsing. A famous attorney may even have given an interview on the radio or purchased television ads on your favorite TV station.

You probably feel very comfortable going to a famous attorney because it feels like you already know him. You’ve seen his face, you’ve seen his office, and you’ve heard his voice. He feels familiar.  However, it’s important to note that you’ve only seen the side of him he wants to show you.

Also, most well-known attorneys have several attorneys and paralegals on payroll, and there is no guarantee that he will personally take your case rather than assign you to someone else.  It could be that you never even see his face.

Finally, a famous attorney receives multiple client leads a day and can pick and choose which cases he takes on. He might choose to take a case because it will pay well. Or a case that is “easy”. Or maybe just because he finds it “exciting”. The bottom line is, he might not take your case.

 

Referrals

You might’ve been referred to this page by a friend, family member, or acquaintance. The attorneys at Lum Law Group have primarily relied on referrals over the years as we choose not to market ourselves. Instead, we service our clients with lower fees and better customer service since we rely on your word-of-mouth for our next business.

 

Special Offers

Many law offices will offer a “free consultation” or a reduced cost consultation in an effort to get clients “in the door”.  Although there are perfectly qualified and honest attorneys who advertise such special offers, many will end up over-promising or over-charging.  Many of our clients initially went for these special offers thinking they could save money, but ended up needing to hire us to “fix” the problems that arose.