你为什么要注册商标？

当客户对你的产品和服务很满意的时候，你希望他们不知道如何在推荐你的产品和服务的时候不知道如何称呼它们吗？你希望你的产品有如此独特的名称，人们提起来朗朗上口？这就像每个人都必须有一个名字一样，每个产品和服务也必须有一个名称。这个名称就叫做商标。

有人和你同名同姓不是什么问题。 但一个平平凡凡的产品和服务用一个成功的品牌名称可能意味着巨额的利润得失。想象一下，如果有人可以打苹果的品牌销售他自己生产的电脑，他可以有多么富有？不仅如此，如果有人生产打印机，并以苹果的牌子销售，他可以不付吹灰之力成为百万，千万甚至亿万富翁。

因此，在你进行推广之前很必要搜索注册商标。

保障你的权益的方式之一就是在美国专利商标局（USPTO）注册商标。通过注册，知会全国你的商标拥有权，如果有人侵权，你有权利索赔。请注意，你只在你的产品种类或法院或专利局认为你可能经营的产品收到侵害时受到保护。 另外，值得指出的是，如果你注册了商标但又一直没有用，你也失去了阻止别人使用这个商标的权利。 

WHY DO YOU BOTHER TO REGISTER TRADEMARK?

WHY DO YOU BOTHER TO REGISTER TRADEMARK?

When customers are satisfied with your product and services, do you want them refer them to other customers without difficulty in naming your products and services? Do you want your products and services to be identified by such a unique slogan that customers have no problem remembering them? It is like everybody has to have a name, each product and service must also have a name. This name is called trademark. 

It may not be a big deal when somebody happens to have the same name with you, but sharing a successful name brands could mean great deal of profit loss or unlawful gain. Imagine somebody other than Apple Computer sells his computer under the brand name of Apple now, if it is lawful, how rich he can be?  

Therefore, it can’t be overly emphasized how important it is to conduct search of trademark and register trademark before you start promoting them. 

One way to protect your rights is to federally register your name with the U.S. Patent and Trademark Office (USPTO). Your registration places the rest of the country on notice that you are the owner and it provides you with special rights to go after those who copy your mark. Note, your rights extend only to the class of goods or services which you offer as well as to those goods or services that a court or the USPTO might consider that you are likely to offer. However, it is worthy to point out that a business that claims to own a trademark cannot stop others from using the same or a similar trademark unless it is actively using the trademark.

需要签订婚前协议的另一个原因

很多人都打电话来希望订立婚前协议。 但他们普遍以为婚前财产协议可以一两行字解决，只需要明示双方婚前财产在离婚时的所有权。  然而，他们没有意识的是，在没有婚前或婚后财产协议的前提下，如果一方不幸去世，各州的婚姻法给予另一半很多财产权利。 

这些权利之一是已故配偶的主要住宅的产权。未亡的配偶有权要么住在已故配偶的主要住宅直到她去世， 或者选择继承主要住宅的1／2产权。 

此外，根据法律规定，未亡配偶可以选择接收亡偶的某些资产的百分之三十（30％），包括房地产，现金，有价证券，可撤销信托资产，有些不可撤销的信托资产，人寿保险，养老保险和退休计划。这些份额是额外于主要住宅的产权。 

基于上面的分析，婚前或婚后的财产协议是非常重要的。 一方面，它保护离婚时候配偶在的财产权，而在另一方面，它保护配偶子女和其他家庭成员的权利。 如果未亡配偶在协议中明文放弃他或她就主要住宅，选择性财产分配权， 亡偶的遗书才有真正的意义。 

Another reason you need a prenuptial agreement or postnuptial agreement

Many people have called to express their willingness to enter into a prenuptial agreement but assume all they need to mention in their agreement is ownership of  the personal assets they have prior to marriage. However, what they fail to realize is that State family law gives rights to personal property of the other spouse just by virtue of the fact that they have walked down the aisle unless the surviving spouse expressly waive them in an agreement. 

What are these rights?

One of these rights is the right to an interest in the deceased spouse’s homestead property. A surviving spouse is entitled either to the right to live in the deceased spouse’s homestead for his or her life  or to an undivided one half (1/2) interest in the deceased spouse’s homestead, even if the surviving spouse does not own an interest in the homestead property. 

In addition, by law, the surviving spouse can elect to receive thirty percent (30%) of all of the deceased spouse’s assets, including real estate, cash, securities, revocable trust assets, some irrevocable trust assets, life insurance policies, pension and retirement plans. The elective share is in addition to the surviving spouse’s right to the deceased spouse’s homestead property. 

With these being said, prenuptial or postnuptial agreement is on one hand to protect a spouse’s property right at time of divorce, and on the other hand to protect children and other family members’ right to estate property. If the surviving spouse waives his or her right to homestead property and elective share in such an agreement, the deceased spouse may legally devise his or her assets to whomever he or she chooses without limitation.

什么情况下有了麻烦后还能留在美国

很多人来电和Email， 咨询他们在有了违法的记录后， 甚至有了驱逐令后还能不能留在美国。 答案是， 这要看情况。以下是解释。

不是所有的人都可以自如地出入美国。 只有满足一定的法律条件后，你才会得到签证或绿卡。 如果你在你的国家或在美国犯下某些罪行，你将被视为不可以进入美国的人。 然而，在某些情况下，美国政府愿意不计较你的有污点的历史，仍然允许你进入。这就是所谓的Waiver, 一种原谅。 

当然，这种原谅不是政府会主动给你的。你必须申请，而且有足够的有说服力的证据证明你的处境， 才可能。 不过，如果犯的罪是谋杀，残酷折磨，重罪，洗钱或贩毒等，你无论如何都不会得到这种原谅。

一般来说，为了获得原谅，申请人需要证明如果他们不能在美国，他（她）的美国公民或绿卡家属生活会极度困难。 注意，美国移民法没有定义什么样的困难是极度困难。 审查你的申请的官员有很广的自由裁量权。还有，单纯的分离是不能构成极度困难。每个申请都是不一样的。 这就是为什么一定要让有经验的移民律师花时间认识和了解你的家庭。只有通过信任和理解，移民律师才可以帮你提出最有说服力的理由。 

What is immigration waiver

Many people have called or written to ask whether they can stay in U.S after they were in trouble with laws, even after they have had a deportation order. The answer is as always, it depends. Here is why. 

You must meet certain requirements of laws if you want to enter the U.S. to live, work or study.    If you committed certain crimes in your home country or in the U.S. you will be considered not qualified, or in legal term,  inadmissible. However, under certain circumstances, US government is willing to overlook your bad history and still allow you to enter. This is called a waiver. 

Of course, the waiver is not given automatically and you have to apply for with preponderance of evidence that you are worthy. Nevertheless, if your crime(s) are murder, torture, aggravated felonies, money laundering or for violations of any other law regarding controlled substances (including trafficking), no waiver will be given to you regardless. 

Generally, most applicants will need to show extreme hardship to a U.S. citizen or LPR family member. Note,  the INA does not define extreme hardship and the officer reviewing your case has broad discretion in deciding whether your qualifying relative’s circumstances constitute extreme hardship. Mere separation is not enough to show extreme hardship. Every case is unique and this is why it is important to have an immigration attorney that will take the time to know and understand your family. It is only through a relationship of trust and understanding that the best arguments can be made in your waiver application.

你需要签订婚前协议吗？

很多人现在在经济条件和挣钱能力相差很多的情况下结婚。 比如， 年龄相差比较大，或第二次或第三次婚姻。 很多人听说过而且向我们咨询婚前协议。他们的问题实际上是，“我需不需要一个婚前财产协议呢？”

最好的回答方式是反问，如果你没有一个婚前财产协议， 你的财产分配在离婚或一方过世的时候会是怎样？ 如果你不作婚前协议，你所在的州的法律决定谁拥有您在婚姻存续期间取得的财产，以及该财产在离婚或死亡的分配方式。有的州法甚至对你结婚前的拥有的财产做了规定。根据法律规定，婚姻被认为是夫妇之间的合同。 伴之合同，夫妻双方自动获得了一些财产权利。 例如，如果没有婚前协议，否则，一配偶通常有以下权利：

1. 在婚姻期间获得的财产的所有权； 
2. 婚姻存续期间双方产生的债务； 
3. 对共同财产的管理权，对转让的决定权； 

如果这些法律不是你所喜欢的，那么就是考虑婚前协议的时候。 你可以通过婚前协议来规定你的财产的管理转让和在离婚或死亡的情况下的分配。 

Do I Need Prenup?

Prenup is not a foreign word to a lot of people. It is a common questions to newly wed, especially those with relatively big difference in age or those who are not married for the first time. 

A prenuptial agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.

Do I need a Prenup? 

The best way to answer this question is to ask yourself, what is going to happen if I don’t have a Prenup? 

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death.  State law may even have a say in what happens to some of the property you owned before you were married.

Under the law, marriage is considered to be a contract between the marrying couple, and with that contract comes certain automatic property rights for each spouse. For example, in the absence of a prenup stating otherwise, a spouse usually has the right to:

1. Share ownership of property acquired during marriage; 
2. Incur debts during marriage of the other spouse, and
3. share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.

Therefore, the answer to the initial question is, if these laws aren't to your liking, it's time to think about a prenup, which in most cases lets you decide for yourselves how your property should be handled.

Myths about Investment Immigration Part II

Many clients asked us whether they can obtain green card through acquiring an existing US business. Our answers have always been, yet, but it is rather difficult. Foreign investors may obtain green cards for them and their families through investment of  a minimum of $1 million in creating a new U.S. business or restructuring or expanding one that already exists.

If you want to buy an existing business and expand it to get green cards,  you would need to increase either the number of employees or the net worth of the business by at least 40%. You would also need to make the full required investment ($1 million or $500,000 depending on location) and you would still need to show that your investment created at least ten full-time jobs for U.S. workers.

If you want to obtain green card by buying a troubled business and save it from going under. To do this, you would need to show that the business has been around for at least two years and has had an annual loss of 20% of the company’s net worth at some point over the 24 months leading up to the purchase. You must still invest the full required amount, but you are not required to show that you created ten jobs. Instead, you would need to show that for two years from the date of purchase, you employed at least as many people as were employed at the time of the investment.

What implication does prenuptial agreement in a family-based immigration petition?

It is important to note that the petitioner has the responsibility to prove to the satisfaction of the adjudicator in USCIS that they entered into the marriage for love, not solely for obtaining immigration benefit, green card, K-visa etc. USCIS officers expect proof of commingled assets including jointly held and actively used bank accounts, CDs, and stocks, housing held in joint tenancy, joint car loans and mortgages, and joint health, life, and car insurance. Therefore, the couples that keeps their financial lives primarily separate with a prenuptial agreement may have a much tougher case to make. 

Marital and prenuptial agreements may also muck up the waters with potentially compromising provisions to the immigrant that could appear as if there is a financial arrangement in exchange for the U.S. citizen’s compliance with the immigration process 

Often time, in the event of lacking commingled fund,  marital and prenuptial agreements have been used by the petitioning U.S. citizen spouses as proof of the immigrant’s intent to marry only for a green card (permanent residency status) if the US citizen spouse to maintain control throughout the immigration process and especially, the finances.  For this reason and due to the fact that these agreements are naturally suspect by immigration, they must be carefully drafted. Both parties should always consult a family lawyer and the immigrant should consult an immigration lawyer in addition before signing any kind of prenuptial agreement.

通过加盟连锁店办理投资移民

EB5对希望投资移民到美国的外国人早就不是陌生的概念了。 事实上，在过去几年中， 80％通过投资移民到美国的外国人来自中国。 当然很多人还在观望， 因为随着投资移民规模的扩大， 提供投资项目的区域中心也是鱼龙混杂。 上当受骗的也多。 可以理解，有些外国投资者面临机会也举步不前。

除了聘请专业认识对投资项目进行全面细致的调查研究外，还有个办法就是独立投资。 对于没有美国经营经验的外国投资者，加盟连锁店就是一条出路。 

加盟连锁店是指获得使用知名品牌，商标， 提供产品线或服务的合法权利。很多时候，加盟连锁店意味者公司跳跃式的开始，因为加盟商享受公司之前的市场营销和品牌推广工作的结果，并在加盟后继续收益于公司的持续营销和品牌宣传。不用说，这节约了加盟商无以数计的市场开拓成本和时间。 当然，加盟商要对该好处付加盟费。 加盟费的多少因公司而异。事实上，加盟连锁店经营是美国繁荣经济的支柱。仅举几有影响力的例子，他们是Pizza Hutt，麦当劳，赛百味，肯德基。 ...

由于加盟专营公司提供广泛的培训和营运指导，希望通过直接投资移民美国的外国投资者，只要在美国有一两个信得过的人，不需要美国经营经验就可以达到投资移民的目的。 总的说来，只要外国投资者使用从合法获得的资金，创造至少10个全职就业岗位，就可以通过加盟专营申请EB-5签证（投资移民绿卡）。

EB5 and Franchise

EB5 is not foreign concept to most Chinese immigrant-to-be. 80% EB5 immigrants have been Chinese. Those who are still wondering have legitimate concerns as to the safety of funds if invested to EB5 regional centers, commercial companies whose business plans are pre-approved by USCIS as eligibility of designation. 

Other than retaining professionals to conduct thorough research about the EB5 regional centers and their offerings, there is a solution to immigration visa for some of foreign investors. This solution is to open a franchise company.

Franchise is a legal right to use an established brand, trademark, and product line or service of a company. Many times franchise means a jump start of business adventure because franchisees are handed result of marketing and branding work and enjoy ongoing marketing efforts of the company. Of course, the price for such is to pay royalty fee, which varies from company to company.  As a matter of fact, franchise is backbone of prosperous economy of US. To name a few influential franchises, they are Pizza Hutt, McDonald, Subway, KFC. ... 

Because franchise companies provide extensive training and operating guidance, foreign investors who want to invest directly with help of a couple trusted hands,  but who do not have extensive prior business experience in US, a franchise can be a helpful way to establish a business and invest in the United States while pursuing permanent resident status. As long as an alien makes the required investment amount from lawfully obtained funds and creates at least 10 full-time employment positions, a franchise may qualify for an EB-5 visa.

我到底能在美国待多久？

很多人都搞不清楚他们到底能在美国合法逗留多久。 有的人签证还没有到期就回国了。 有的人呢直到碰了钉子， 甚至被逮捕了， 才知道自己违法超期逗留了。 这样的超期逗留靠解释是无法解脱的。 超期逗留的后果是被驱逐出境，并在今后若干年后不能回到美国。

签证持有人不知道他们的逗留期限的常见原因是他们混淆了签证页上的日期和I-94表上的日期。 签证是美国领事馆在和外国入境申请者面谈后颁发允许进入美国的文件。 这个文件是印在护照上的签证页。 签证页上有个合法至的日期。 签证持有人需要在入境处（通常在美国机场检查）的美国海关将该文件交给海关官员。如果外国公民所成述的此行的目的是与非移民签证上是一致的，海关官员就会放行。 

如果海关官员批准外国公民进入美国， 他就会发放I-94表格。 I-94表列出了外国公民可以在美国的法定期限。 一旦有了I-94表，I-94表决定外国人多久可以留在美国。 而在签证页上显示的“期间”不代表外国公民多长时间可以留下来，​​相反，它告知外籍人士一定时间内进入。

如果外国人的I-94表过期了，而签证持有人没有延期或没有调整身份，他的签证就会根据根据移民与国籍法第222（条）自动作废。这意味着，即使在签证本身还没有过期，但它会自动失效。 签证持有人必须重新获得新签证，新I-94后进入美国。  有了这样的认识，签证持有人应慎重保管自己的I-94表， 注意它的到期日。 他们也需要了解清楚签证有效期和在该签证下可合法逗留期之间的差异。

How long can I really Stay?

Many people are confused as to how long can they actually stay. When they were told they overstayed their visas, it could be too late because they could have been arrested by immigration officers and no explanation will be heard.  The consequence of such ignorance could be multl-folded. The most serious one will be deportation and barred from coming back to US in years to come. 

The common reason Visa holders don’t know the legal duration of their stay is that they confuse dates on Visa pages as duration dates.  As a matter of fact, They have a time stamp on Visa page and a I-94 card on passport that shows a time period. The underlined difference is actually that of a Visa and a I-94 card. 

A visa is a permission of entry issued by US consulate after interviewing applicants.  Visa holders are supposed to present this document to an immigration officer from the U.S. Customs and Border Protection agency at a port of entry (typically at a U.S. airport inspection). The foreign national will only be admitted to the United States if the stated purpose of his trip is consistent with the non-immigrant visa in his passport. 

If the US customs officers grant entry to the foreign national holding the visa, this person is given a Form  I-94 that lists the foreign national’s authorized period of stay. 

While the foreign national is in the United States, the controlling document is the Form I-94, not the visa. The Form I-94 dictates how long the foreign national can stay in the United States and in what status he is allowed to remain. The “period” shown on the Visa page is not indication as to how long the foreign national can stay, instead, it permits foreign nationals to enter within certain period of time. 

With this understanding in mind, nonimmigrants should carefully keep the expiration dates of their Form I-94, their E-2 Visas (if any) and their passports. They also need to clearly understand the difference between Visa Status and E-2 Valid Dates.  

Possible Delay for EB5 Immigration Visa for Chinese Nationals

Based upon the demand for EB-5 visa numbers and the volume of approved I-526 Petitions, the Department of State has issued a preliminary warning that a cut-off date may need to be established for China. No other countries in the EB-5 category will be impacted. If a cut-off date is established, it will not take effect until sometime after July 2014. This will only affect those born in mainland China and does not apply to those born in Hong Kong, Macau or Taiwan.

Despite this preliminary warning, EB-5 investors should think hard before delaying the filing of an I-526 Petition or taking any other actions directly related to the possibility of EB-5 retrogression in China. In December 2012 the Department of State also predicted the establishment of a cut-off for China, but then reversed itself in February 2013. New EB-5 visas will become available on the first day of the next fiscal year, October 1, 2014, and the extremely slow processing of I-526 Petitions could spread the demand for EB-5 visas into the next fiscal year. It is important to note, the slow I-526 Petition processing times has also impaired the ability of the Department of State to predict whether EB-5 visa retrogression will occur.

On the flip side, if U.S. Citizenship & Immigration Services (USCIS) speeds up I-526 processing the possibility of EB-5 visa retrogression will increase. As we have noted before, whether or not EB-5 visa retrogression takes place will have no effect on the processing of I-526 Petitions by USCIS. If the EB-5 visa does retrogress, it will likely delay individuals with approved I-526 Petitions from entering the U.S. and obtaining conditional permanent residency. This also may affect the way jobs are allocated to those EB-5 investors in the regional center context. Furthermore, once an I-526 Petition is approved, a child who is a derivative beneficiary of that I-526 Petition does not receive protection under the Child Status Protection Act. This could result in some children of EB-5 investors “aging out” if an I-526 Petition is approved but there are no EB-5 visas available.

申请EB-5投资移民签证的中国人可能会被延迟获得绿卡

基于对EB-5签证和批准的I-526申请量的需求，国务院颁布有可能对来自中国申请人的移民签证的年度配额的警告。美国移民局是批准移民签证申请的政府机构，国务院签证办公室根据美国移民局的批文负责发放签证。美国移民法对几乎每一种签证都有一个签发上限，EB5的上线是10,000个一年。众所周知，EB5的签证批准在过去两年内年年呈现极度上升趋势。 考虑到这一点，国务院做出这样的预测。 如果该年度配额一旦确定，将在2014年7月生效。 

尽管这是个初步的警告，不是最后的决定，EB-5投资者应认真思考拖延的I-526申请的后果因为这不是国务院第一次考虑这种方案。 早在2012年12月国务院就计划限制每年颁发给中国申请人的签证。 注意，不是不批给你， 是批文下达后，等待签证号。 如果当年签证号用完了， 申请人要等到第二年或更就才能入境。 

这种限制的后果要严重地多。 90％的中国投资者移民都是为了孩子。 一般情况下，当主投资人被批准后，家属随后可以一起申请签证。 但如果签证有年度限额，I-526申请被批准后，却没有足够的签证，申请人的孩子可能就会在等待的过程中超龄。 鉴于对该配额建立的可能性，美国移民律师协会EB-5委员会建议那些因为子女而要申请移民，而子女接近21岁， 要尽快开始申请， 不能再左顾右盼。 

How is property divided in divorce?

What is “Property” Anyways?

When it comes to property, many people can think of real estate, bank accounts and jewelry. As a matter of fact, legally, assets actually includes assets, liabilities, and income.Assets include not only real estate, bank accounts and other tangible valuable stuff, assets also include retirement accounts, accrued sick and vacation pay, intellectual property such as patents, trademarks, and copyrights),  stock options, businesses and business interests. Liabilities include any kind of debt such as a mortgage, student loan, credit card debt, tax liens, car loan, etc.

Who Gets What?

The law will not intervene couple’s mutual decision if there is one.  All is fair in love and war, right? However, unfortunately, in many cases, spouses fight about their properties so hard that they make each other a hell. There is a saying, you see the worst side of a good person in divorce proceeding. If spouses fail to reach an agreement, the judge will decide for them. The judge will not divide 50-50, neither will the judge will consider who is at fault in the divorce. The judge will hear the facts and determine the scope and value of marital assets and divide accordingly. It is important to note, once the judge decides upon the division of property, it is final, there will be no way to change. 

How Expensive Can Divorce Be?

We all have heard nightmare-creating divorce battle where all money seem to have all gone to divorce lawyers as the battle dragging along. However, you don’t have to hire an attorney if you can manage to reach a marital dissolution agreement yourself. Theoretically, you cost to divorce can be as low as only court fee to infinitely high amount.  

How to Minimize My Divorce Expense and Headache? 

Let’s face it. If couples may communicate well, they wouldn’t reach the stage of divorce to begin with. Experienced divorce lawyers all understand that divorce actually brings out the worst side of the best people, which is the root reason for expensive and ugly divorce. Middle ground solution: 

Find a mediator, who is a trained third party and who is often a lawyer, to be the middle person to guide your and your spouse through the issues that matter the most to reach to your divorce in a timely manner. Mediators , although most of them are lawyers, don’t represent either party’s interest, during mediation and will help either one of you to face the consequence of stubbornness and distinguish matters at hand and emotional distraction. Chances are you and your soon-to-be-ex will avoid breaking of bank accounts and emotional distraught as a result of the dragging fight.  

If you have any questions or need any help at all for mediated divorce. It would be our honor to assist you. Please do not hesitate to get in touch via phone 954-8925517 or email attorney@lindaliangandassociates.com to schedule a consultation.

离婚中的财产是如何分配的？

什么是财产？

当说到财产，很多人能想到的是房地产，银行账户的存款和珠宝。事实上，法律眼中的资产包括资产，负债，以及收入。资产不仅包括房地产，银行帐户及其他有形有价值的东西，还包括退休金，累计病假和假期工资，知识产权如专利，商标和版权），股票期权，企业和商业利益。负债包括任何种类的债务，如抵押贷款，学生贷款，信用卡债务，税收优先权，汽车贷款等。

你将得到什么？

当夫妻双方能达成协议的时候， 法律不会干涉你们的共同决定。然而，不幸的是，在许多情况下，配偶在离婚阶段恨不得让对方下地狱。 有句话说得好，你在离婚诉讼中看到的是好人最坏的一面。在这样的情况下，夫妻之间当然达不成协议，那么法官将为他们的决定。一般情况下，法官不会平分财产。 法官会听取事实，决定婚姻财产的范围和价值，并据此划分。要注意的是，法官决定财产分割的判决自做出时立即生效，不得申诉。 

我们都听说过离婚过程中钱都到了离婚律师的口袋里。 但你可能不知道的是你可以不聘请律师，如果你和你的配偶能就财产分割达成离婚协议， 你的离婚可以低至只有法庭费。

让我们面对现实吧。如果夫妻可以沟通，他们就不会离婚。这是离婚之所以昂贵的根本原因。那么，有没有中间解决方案呢？ 答案是有的。

离婚协调人是一个训练有素的第三方。 他们的工作是做为中间中立方指导你和你的配偶就事关重要的事项达成协议。 这些离婚协调人虽然大多是律师，并不代表任何一方的利益，他们将帮助你和你的配偶暂时抛开感情的因素，冷静地处理当前最重要的事务。 在他们的帮助下，你和你的配偶有可能有效地讨论并达成协议， 并避免破财。 

如果您愿意考虑在协调人的帮助下离婚，我们将荣幸地为您提供帮助。请不要犹豫，通过电话954-8925517或电attorney@lindaliangandassociates.com取得联系，预约咨询。

离婚要多少钱？

离婚是个痛苦的过程。 做离婚的决定已经是非常艰难了， 有的人的离婚过程拖得很长， 充满的争吵和怨恨， 加上成千上万的律师费，无疑给生活带来额外的压力。 然而，有的人也可以做到真正的好说好散， 没有硝烟， 也不用把银行账户掏空。这样的离婚有什么不同之处？ 

离婚的艰难程度取决于当事人的性格，牵涉的利益关系对当事人的重要性和复杂性。 有的时候当事人多多少少要靠律师和法院来帮忙解决问题。然而，一般情况下，越少依靠法院和律师，心痛程度和花销就越低。 

事实上，离婚的核心过程就是双方就同意离婚外的关键问题达成协议。 该文件是婚姻解散协议。不管事情多么复杂，只要夫妻都愿意谈判和妥协，法院不用当事人出庭即可接受的婚姻解散协议可以与受过训练的第三者，既专业调解人的帮助下达成。

许多专业调解人都是经验丰富的律师。然而，在调解过程中，他们不以律师的身份做事，也就是说，他们并不代表任何配偶的利益。相反，调解人的工作是帮助你和你的配偶克服情感障碍，谈判和协商，以达成符合法律条件，而且满足双方需求的离婚协议。在有经验的调解人的帮助下达成的协议可以被法院接受的，你和对方不需要请律师出庭辩护。 即使你需要出庭， 也可能是5分钟的确认过程。

所以离婚可以耗时耗力。 但在有经验的中间调解人的帮助小，精神和物质成本可以减小到最少。 

How much do you need to divorce?

Divorce has always had a painful sound to it. Everyone seems to have experienced or at least have witnessed one friend who suffered through a long and nasty divorce process, needless to say thousands of dollars burned in the process.  

Yet, good news is some divorces are quite amicable and sensible too. What are the differences?

The differences lie in various factors, including the personalities of the people involved, the importance of what's at stake, and sometimes on how much you rely on lawyers and courts to resolve troublesome issues. The rule of thumb is, the less you use the courts and attorneys, the less cost and heartache you'll have. 

As a matter of fact, the center piece of divorce documents is Marriage Dissolution Agreement. No matter how complicated the matters are, as long as couples are willing to negotiate and compromise, Marriage Dissolution Agreement that will be accepted by court can be reached with the help of a trained third party, which is called mediators. 

How Divorce Mediation Can Help

Many mediators are experienced lawyers themselves. However, in mediation, they don’t act in the capacity of a lawyer, i.e, they don’t represent any individual spouse’s interests. Instead, Mediators’s job is to help you and your spouse get over the emotional barriers to negotiation and negotiate a sensible divorce agreement that meets both of your needs.  The agreement reached with the help of an experienced mediator will most likely accepted by the court at ease and so you are not likely to be called to a hearing to judge. Even if you do, there will be only 5 minute session purposed to confirm. 

Green Card Holders’ Tax Liability Levied on Foreign Income

Many permanent resident-wanna-be scratch their head because they are afraid of paying tax for income and property overseas. Whereas immigration is a rather complicated life decision and cautions should be taken, since so many express their worries and concerns over this topic,  for what is worth, we would like to explore the real damage here. 

United States is one of two countries in the world that impose tax on foreign income of permanent resident. However, it took possibility of double taxation into consideration. That is to say,  if you paid or accrued foreign taxes to a foreign country on foreign source income and are subject to U.S. tax on the same income, you may be able to take either a credit or an itemized deduction for those taxes. 

What is a Tax Credit?

The foreign tax credit is intended to reduce the double tax burden that would otherwise arise when foreign source income is taxed by both the United States and the foreign country from which the income is derived. Tax credits directly reduce a person’s tax liability. 

What is itemized deduction?

Tax deductions reduce taxable income; their value thus depends on the taxpayer’s marginal tax rate, which rises with income.

What is Tax Exemption?

Certain types of income as nontaxable. There are many types of income that qualify under this rule, such as life insurance death benefit proceeds, child support, welfare and municipal bond income.

Therefore,, it is safe to say, under US Taxation Law , chance that permanent resident will be double taxed is minimum. Many concerns are not necessary.  

对美国永久居民海外收入需要在美国上税的担忧是否必要？

许多考虑争取绿卡的外国公民都表达了对海外收入要交美国税的担忧。当然移民是一个相当复杂的决定， 决策应当谨慎。 但我们愿意就他们的担忧做一定的解释。 希望能在一定程度上简化思维过程。

美国是世界上两个国家中的一个要对永久居民的海外收入征收税收的国家之一。但是，美国税法将双重征税的可能性考虑在内。也就是说，如果你支付了或有义务支付一定的外国税，虽然你也有义务告知美国政府这些收入，但你有一些途径可以减免。 这些途径包括， 外国税收抵免， 收入减免或免征。 

什么是税收抵免？ 

外国税收抵免是通过直接减掉在国外已经交过的税来减少双重税收负担。举例来说， 如果一个人的应交税额总额是2万， 在国外交了1万的税，减掉了该税收， 总欠的税是1万。 

什么是列举扣除？ 

列举扣除是指已交的税收直接用于减少应纳税收入， 因此纳税人的纳税率可能因此改变。 比如， 如果一个人的总收入是5万美金， 其收入的纳税额可能是15％。 因为其在国外交了2万美金的税，那么，他的应纳税收入就是3万美金， 其纳税率可能是10％。

什么是免税？ 

某些类型的收入其实是免税的。如寿险身故赔偿，子女抚养费，福利和市政债券的收益等等是不用上税的。 

因此，可以安全地说，根据美国税法，永久居民被双重征税的几率是很低的。许多担忧是没有必要的。这是本律师事务所的看法， 不代表美国政府立场。 如果有什么疑问，欢迎来电垂询。 电话号码是9548925517。 

如果您在经营进出口企业，你应该读下去

很多企业家移民后， 通过把原来海外的业务扩大到美国， 或重新开始新的公司来开始他们的美国生活。进出口业务是自然的选择。如果你做了如此的选择， 商标是一个必须要优先考虑的问题。 

商标是任何让消费者区别自己和别人的产品或服务的文字，符号或其组合使用。例如，当你听到有人说Nike，你知道是特定的鞋子，衬衫和运动服装。或者苹果的产品是以被咬过的苹果和别的产品区分开来。 

如果你进口的货物的商标和已经登记注册的其他商标相同或相似到会造成混淆 ，你的整个货物将被查封和没收。任何指导，协助或教唆该货物进口的人会受到等于商品原来的价值的罚款。海关政策不会因为当时人声称不知道而区别对待。

如果您的货物恰巧通过了海关， 已经在美国出售， 你不能说是自己就安全了。 如果其他商标持有人在联邦法庭证明该侵权使用很可能会迷惑消费者， 致使其遭受了经济上损失，您要负责赔偿该损失。 如果法院认定你是故意复制他人的商标，或者至少应该知道他人的商标，你还要放弃因使用该商标而获得的利润，支付罚款和对方的律师费。

因此，怎样强调在你开始销售之前，做好商标的调查研究和在美国注册商标的重要性都不会为过。 与往常一样，我们的服务离你是一个电话的距离。如有需要，欢迎致电我们：954－892, 5517。

IF YOU ARE IN IMPORTING AND EXPORTING BUSINESS, YOU SHOULD READ THIS

Many immigrant entrepreneurs start their US life by expanding their foreign businesses to US or establishing a new business with their connection. Import and Export business is natural choice for them. If this is the case for you, trademark is one must aspect of business to get yourself familiar with. 

What is Trademark?

Trademark is any word, symbol device or combination thereof used in connection with a product and service to help consumers identify that product or service as different from those of others. For example, when you hear people say Nike, you believe of shoes, shirts and sports apparel. Or the Apple  products are differentiated from the others by the sign of bitten apple.

If trademark of imported goods is identical or confusingly similar to those recorded with US customs and enforcement, your entire goods are subject to seizure and forfeiture. Any person who ““directs, assists financially or otherwise,

or aids or abets the importation of goods is subject to a civil fine equal to the value of the merchandise had it been original. Customs policy does not discriminate between knowing and unknowing importers for the purpose of assessment of a fine. 

If your goods happen to pass the customs and are sold in US, if other trademark holders can prove in federal court that the infringing use is likely to confuse consumers and that the business has suffered economically as a result of the infringement, you may have to pay them money damages based on the loss.

If the court finds that you intentionally copied the trademark, or at least should have known about the existing trademark, you may have to give up the profits you made by using the mark as well as pay other damages, such as punitive damages, fines, or attorney fees.

Therefore, it can’t be stressed enough to set the record straight on trademark issue before you start your sales work, which means run your research and register your own trademark with US Trademark Office. 

As always, we are one phone call away. Dial 954 892 5517 and ask for Attorney Linda Liang for further assistance!

Do you need a lawyer for H1B Visa Petition?

H1B is well-known way to start a life in USA after school. while H1B season is around the corner, more new graduates are looking into DIY tips for H1B. This article tends to provide some tips of this sort yet will arrive at the conclusion that H1B is not as easy as other people say and a professional help is must. 

The H-1B visa category is for noncitizens who will work in the United States in a "specialty occupation," The "specialty occupation" refers to jobs for which the usual requirement is a U.S. bachelor's degree or the equivalent in a specific field and for which the foreign national employee has a relevant degree or the equivalent. There is a cap of 85,000 visas for first-time applicants each federal fiscal year, which runs October 1 to September 30.

Other features of H1B include that the employer must pay the H-1B employee the higher of the actual wage or prevailing wage and When the H-1B employment ends, the employer must notify USCIS and have the petition revoked. As long as the H-1B petition remains in effect, the employer must pay the worker's wages.

The requirements are straight forward, However, the burden of proof is on the petitioner and the burden is nothing but light. For jobs such as accounting, engineering, and many information technology professions, it's clear that the applicant needs a specific bachelor's degree to get the job. For other jobs, it's less clear. For example, marketing and sales jobs often present challenges in the H-1B visa category, because employers typically accept a wide range of degrees. For example, Sales Representatives might have degrees in business, marketing, psychology, history, communications, political science or other fields. This makes it difficult to demonstrate that a specific bachelor's degree is required.

It takes great knowledge of inner training of USCIS to understand how to be persuasive to prove this aspect of requirements alone, needless to say, when any minor complication is involved, an experienced immigration lawyer’s help is absolutely necessary. You are welcome to contact us at 954 892 5517 if you have any questions.