The Law Office of Robert J. Maher, PC – #1 Immigration, Estate Planning NYC

Immigration FAQs

What is the difference between a visa and a Green Card?

A visa is a temporary authorization to enter the U.S. for a specific purpose (like tourism, study, or work) and for a limited period. A Green Card (officially a Permanent Resident Card) grants an individual lawful permanent residency, allowing them to live and work permanently anywhere in the U.S. and offering a path to citizenship.

Can I apply for a Green Card if I entered the U.S. without inspection (crossed the border illegally)?

Generally, individuals who entered the U.S. without inspection are not eligible to “adjust status” to a Green Card from within the U.S. They would typically need to leave the country for consular processing, which can trigger re-entry bars based on unlawful presence. However, specific exceptions, like “Parole in Place” for certain military family members or qualifying for U/T visas, may exist. Consultation with an immigration attorney is crucial.

How does a criminal conviction impact my immigration status or application?

A criminal conviction, even a minor one, can have severe immigration consequences, potentially leading to inadmissibility (preventing entry), deportability (leading to removal), or denial of a visa or Green Card application. The specific impact depends on the nature of the crime, the sentence, and the immigration benefit sought. It’s vital to consult with an immigration lawyer immediately if you have any criminal history.

What is the “public charge” rule and how might it affect my Green Card application?

The “public charge” rule is a ground of inadmissibility for individuals who are deemed likely to primarily depend on certain government benefits. While the interpretation and enforcement of this rule have varied, an applicant must generally demonstrate they have sufficient financial resources or support (often through an Affidavit of Support from a sponsor) to avoid becoming a public charge in the U.S.

How long does the U.S. naturalization process typically take?

The naturalization process, which grants U.S. citizenship, typically takes anywhere from 6 months to over 2 years, or sometimes even longer. This timeframe can vary significantly based on the applicant’s specific circumstances, the complexity of their case, processing times at the USCIS service centers, and the volume of applications.

Estate Planning FAQs

What is the role of the executor?

(Male) or Executrix (female) of a Will makes sure that the dictates of a Will are carried out and is responsible for the administration of a decedent’s Estate. A Decedent is a person who has died. A decedent is usually referred to as a Testator (male) or Testatrix (female) in a will. An Estate is the property owned by a decedent at death that passes to beneficiaries under a will. It can include cash, jewelry, a house, co-op and any other property owned by a decedent. It does not include property owned jointly with another, like a home owned jointly by two spouses, or the proceeds of a life insurance policy.

The Executor gathers the assets of the decedent and manages them while the estate is probated. Probate means to file the original will with the court and to notify those required by law of the filing of the will. The Executor then pays the decedent’s outstanding debts. If there is a co-op apartment or other property, the Executor may have to sell the property. The Executor is also responsible for filing the decedent’s final income tax return and a tax return for the estate. After all of the decedent’s expenses are paid, the Executor distributes the remainder of the decedent’s assets in accordance with the decedent’s will. Finally, the executor may be required to file an accounting with the court. An accounting includes a description of all of the income and expenses of the estate and lists any distributions made to the beneficiaries by the executor.

Whom Shall I choose?

An Executor can be a friend or family member of the decedent. In many cases, the spouse of the decedent is the executor of the estate, unless the spouse is unable or unwilling to carry out the duties of the executor. It is a generally helpful to choose a person who is able to make financial decisions, is organized, trustworthy and efficient. Although the amount of work required of depends to a degree on the size and complexity of the estate, the role of executor can require a considerable amount of work. Executors are entitled to collect fees for their work. They can also be held liable if they mismanage the estate. So, it is important that the executor seek assistance in administering a decedent’s estate.

Why do I need an estate plan if I’m not wealthy or don’t have many assets?

Estate planning isn’t just for the wealthy. It’s essential for everyone to ensure your wishes are followed regarding your healthcare, finances, and the care of minor children if you become incapacitated or pass away. Without a plan, state laws dictate who receives your assets and who cares for your dependents, which might not align with your desires.

What is the primary purpose of a “Living Will” or “Advance Directive for Healthcare”?

A Living Will, also known as an Advance Directive for Healthcare, is a legal document that allows you to state your wishes regarding medical treatment and end-of-life care if you’re unable to communicate them yourself. It specifies what medical interventions you would or would not want, empowering you to maintain control over your healthcare decisions even when incapacitated.

How often should I review and update my existing estate plan?

Your estate plan isn’t a one-time setup. It’s crucial to review and update it periodically, ideally every 3-5 years, or whenever a significant life event occurs. Major life events include marriage, divorce, birth or adoption of a child, death of a beneficiary or executor, significant changes in assets or liabilities, or changes in tax laws.

Can I completely avoid probate with proper estate planning?

While it’s often a goal, completely avoiding probate depends on the types of assets you own and how your estate plan is structured. Assets held in a properly funded living trust, those with beneficiary designations (like life insurance or retirement accounts), and jointly owned property with rights of survivorship typically bypass probate. However, some assets might still require a limited probate process.

What are the key differences between a “Durable Power of Attorney” and a “Healthcare Power of Attorney”?

A Durable Power of Attorney (DPOA) appoints someone to manage your financial and legal affairs if you become incapacitated. This person can pay bills, manage investments, and sign legal documents on your behalf. A Healthcare Power of Attorney (also called a Healthcare Proxy or Medical Power of Attorney) specifically designates someone to make medical decisions for you if you’re unable to do so yourself. While both grant authority to an agent, their scopes are distinct – one for finances, one for health.