LAW CORNER WITH JC 29 ธันวาคม 2561

HAPPY NEW YEAR!

WELCOME 2019!!! Merry Christmas and Happy New Year, everyone! I hope you all are having a great time during the holidays. And with all the fun, please be sure to stay safe! I wish you all much peace, love and happiness in 2019. As good as 2018 was, let's make 2019 even better! For those that can, let's strive to not only do more and make more, but to give more. This year I intend to expand on what I successfully did last year; that is, to continue to present new, informative content here in my weekly column, as well as on my website, WWW.JC4LAW.COM. Although some of the topics I have covered and will cover may be somewhat controversial, I only present them to inform, warn and hopefully provoke you to think about, and openly discuss these topics with others. If an issue effects your life, your future, your family or others that you love, I am here to discuss them. I may present inside information and advice that may be contrary to popular view, or even taboo, but I don't care if it is the right thing to do. By doing so, I hope it helps those presently facing the same problems, as well as help those to avoid these problems in the future.

TOP 7 MISCONCEPTIONS OF 2016

It is common for people to create resolutions for the new year, hence the term "New Year's Resolution". People do this because they want to change something that they are not fully happy or content with. For example, someone who feels out of shape makes a New Year's resolution to exercise more, eat better and to lose weight. Another person may feel like they are lonely, so they their resolution is to be more socially active, join some clubs and meet people. However, before every new resolution, the person must reflect on the current state of their discontent or unhappiness. They have to determine where they can improve. They have to determine where they made mistakes. Therefore, before we can make our New Year's Resolutions for 2019, let's take a look at last year's top 7 misconceptions so that hopefully, we don't repeat them this year.

1. Immigration

Misconception: People with "conditional" 2 year lawful permanent residency status (Green card) cannot get divorced before they renew and receive their 10 year Green card.

Truth: There is no law that restricts a person's freedom to get divorced. Just as you are, for the most part, allowed to marry anyone you wish to, there is no law against getting a divorce. It is not true that you must stay married to your spouse in order to remove conditions on your green card - If you feel that you and your spouse, from whom you received your green card, no longer can live together in happy matrimony and wish to get divorced, you are free to dissolve this marriage (i.e., divorce). You can still petition for removal of conditions on your green card after you get divorced! Check out my website – I’ve posted numerous client letters regarding this very issue.

2. Immigration

Misconception: After getting a divorce you have to wait for a certain period before you get remarried.

Truth: Once a divorce is finalized, you have the right to remarry as soon as you wish here in California. There is no 'waiting period' to get remarried. Of course, you do have to obtain a marriage license and have the ceremony and do all the other requirements to have a legally-recognized marriage, but there is no actual 'waiting period'.

3. Immigration

Misconception: All immigration cases are the same. All lawyers are the same.

Truth: For both instances, this is definitely not true. Every immigration case is not the same. If it were, you would have every case being approved, or every case being denied. An immigration case where the sought-after-benefit might be the same (i.e., Person A and Person B both applying for a green card), may have diabolically opposing results because the facts of the case are different (i.e, Person A has no criminal record or visa overstay, while Person B has one DUI and has overstayed their B-2 visitor's visa). And in regards to all lawyers being the same; this too, is false. How many lawyers do you know would advise you to do something that doesn't make them money? At my office, we only advise you to do what is in your best interest, regardless of whether or not we can bill for it. That means, between Choice A and Choice B, where if you pick Choice A, we charge you $50, and Choice B where we don't charge you anything, we would recommend Choice A if it was actually in your best interest. If you're a first time reader of my articles and know nothing of me, you would probably find this hard to believe and I wouldn't blame you. After all, it seems like everyone is out to make a quick buck. But for those that are reading this and actually know me on a personal level and who have been clients of mine, I think you would agree that I am different. I didn't become a lawyer to get rich. I became one in order to help others. Read my bio at WWW.JC4LAW.COM

4. Business/Property

Misconception: You have to accept every term a Landlord provides you in order to secure your lease.

Truth: The key to securing a lease is compromise during the negotiating phase. That is, during the period you and the landlord are negotiating, both sides must agree to terms that both parties are comfortable with. When a landlord provides you with a lease, you are not bound by every provision, clause, requirement, etc, that is included. You are not forced to sign this contract. In fact, because you are "negotiating", you are allowed to counter-offer and/or strike out certain provisions, clauses, requirements, etc, that you don't agree with or feel comfortable with. Depending on business factors such as the market, your leverage, your creditworthiness, etc, the landlord may or may not choose to budge. That is his right. He can stick to his terms without any compromise...but so too, it is your right to not sign and look elsewhere. Besides, why would you want to enter into a long term business relationship with a landlord who is not willing to compromise? To me, a landlord that is not willing to compromise on any term of a lease, is a hardhead and should be avoided. You’ll only have problems with them later!

5. Business

Misconception: Forming an LLC or Corporation will protect me against personal liability.

Truth: For the most part, yes. Limited Liability Companies (LLC) and Corporations are established in order to limit the personal liability of owners and shareholders. This means that if the business itself can't pay a creditor -- such as a supplier, a lender, or a landlord -- the creditor cannot legally come after an LLC or corporate member's house, car, or other personal possessions. However, there are instances where the owners and shareholders may not be protected. These instances allow the creditors to "pierce the corporate veil" of protection and find an LLC or Corporation owner personally liable if he or she:

• Personally guarantees a bank loan or a business debt on which the LLC defaults

• Intentionally does something fraudulent, illegal, or reckless that causes harm to the company or to someone else, or

• Treats the LLC as an extension of his or her personal affairs, rather than as a separate legal entity.

Therefore, just because you form a corporation or and LLC, does not mean you are absolutely protected against personal liability. Even after the formation, you must be sure to adhere to any requirements to maintain the protections afforded under the business entity.

6. Immigration

Misconception: If you have a 2 year "conditional" green card and are petitioning for your 10 year green card, you must have life insurance in order to show immigration that you have a real marriage.

Truth: Having life insurance is great, but you should not go out and get it just for immigration purposes. Not only is this fraudulent, it isn't necessary. There are countless married couples where both husbands and wives are U.S. citizens, have been married 10-20-30 years, yet do not have life insurance! Life insurance is just one example of evidence tending to show a bona fide marital relationship, but it is not the only one. Question why these people tell you that you need life insurance: It’s either because they are (1) misinformed themselves and honestly don't know the truth, or (2) get a “commission” for the referral! I know this because in the past I've been approached by an insurance agent who offered me a "commission" for my referrals. Be reassured that I've never referred a client to anyone in exchange for any "commission". If and whenever I recommend or refer someone, it is because I truly believe they are competent and trustworthy. I don't seek anything in return for my referrals.

7. Immigration

Misconception: Having a baby (aka "Anchor Baby") in the United States will confer legal immigration status to the parents.

Truth: Illegal parent(s) who have children here in the United States are still "illegal". Having a child here in the United States does not automatically confer immigration benefits for the parent(s). However, having a baby born in the United States may possibly help his or her parents if the US-born child is aged 21 or over and then applies to adjust his or her parents' immigration status, or in the case of a removal proceeding where the removal of the illegal parent(s) would result in exceptional and extremely unusual hardship to the U.S. citizen child.

So there you are - 7 of the top misconceptions. Now that we know the truth, let's make 2019 a better, more knowledgeable year. Stay tuned for future articles: I've only just begun! And as always, I am here for you. If you have any questions you would like to be answered in future articles or would just like to give me a comment or message, please feel free to email me at: JC4LAW@HOTMAIL.COM. And for more information about Immigration, Business, Family Law, Property, or others areas of the law, visit my website at: WWW.JC4LAW.COM. To contact me for a consultation, please call my office at (818) 846-5639, or my Thai-direct line at (818) 505-4921. And for those with FACEBOOK, like and follow me at: https://www.facebook.com/ThaiAttorney for the most recent updates in the law!


Disclaimer: The information contained herein have been prepared for informational purposes only and are not to be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact us directly at the Law Offices of Joseph Chitmongran for a full consultation.