California Mechanic Liens

A mechanic lien is like a “judgement” lien to protect “construction interest in a property”.

For a mechanic lien to be enforceable, the beneficiary must follow the procedure established by mechanic lien laws. Similar as when we have a judicial foreclosure of a defaulted mortgage.

Anyone who completes a building project at the request of the property owner ( or anyone working on behalf of the owner) may claim the lien.

Anyone including but not limited to “laborers, engineers, architects, material suppliers, surveyors, equipment renters, contractors, subcontractors who made contribution to the “physical work” of “improvement”.

The lien not only can be done by the workers but those who benefit from workers or give workers some sort of benefits. For example “ a Union Trust Fund which is involved in payment benefit” for those who worked in the property and are entitled to a claim of lien.

Its important to know that “ordinary creditors of the contractor or workers” are not entitled to claim the lien because the didn’t “directly” benefited the property.

It is worthy to mention that “direct supplies who supplied to the subcontractor” has the right to mechanic lien, but “material supplier” to a “material supplier” has no “mechanic lien rights”.

To determine who has the rights of a “mechanic lien”, the court determines whether the person claiming is a “statutory agent” of the owner. The statutory agent here is one who can perform the work based on owners’ request and indeed does a “physical improvement” to the property.

A mechanic lien must be recorded, then a “lawsuit” must be filed to “enforce the lien”.

The California constitution provides that “contractors and material suppliers” have the lien rights. The courts are generally sympathetic over these rights, but payments are not always reflecting the original payments. California homeowners may sometimes have to pay twice when the lien rights disputes get to the court.

If you need to have a lien against a property and receive compensations, or need to defend against an unjust claim contact an attorney to know your rights.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Attorney Ramona Kennedy is a licensed attorney in California.

Ramona Kennedy is a lifetime, honorary member of Bar Association of the United States Supreme Court.

Ramona Kennedy is fluent in English and Farsi (Persian).

Website: http://www.bestlawyerusa.com

Email: Kennedycounsel@gmail.com

Phones: +1(949) 677-0063 & 1(310)623-0080

Business blog http://www.kennedylawblog2.wordpress.com

Office Locations:

Los Angeles (Westwood) Location-Oppenheimer tower: 10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024

Orange County Locations:

 Irvine: 7700 Irvine Center Dr. Suite 800 Irvine, CA, 92618

Newport Beach Location 5000 Birch St, Suite 3000 Newport Beach, CA 92660

Eb5 Capital in Direct and Indirect Investment Visas

Can you request to get your money back from Regional Center after your second Green Card is arrived?

The short answer is no! And this is another reason to have your Eb5 investment run by you (direct investment instead of regional center).

The regulatory definitions in an Eb5 visa including “invest” and your capital to be at risk”  wouldnot allow a “redemption language” in your capital. And that is when the capital is written or contracted or agreed upon to be in exchange for a bond, note, obligation, convertible debt” and similar arrangements.

Any contract between “Eb5 business” and investor” that gives the investor “contractual right” to request for the contribution of the “funds” is against “Eb5 investment”.  That is why the Eb5 regional center (when an investor gives his money to a third party) is a very attractive offer for “regional centers” but not so much for the Eb5 investor.

Eb5 investor must place his “capital at risk”. A regular business run by a business owner is “inherently at risk”. They are multiple factors that would cause ups and downs in the business and this multi-faceted work of business adventure would not make the owner, solely responsible for all positive or negative cash flow. This is in direct Eb5 investment.

In Investments through regional centers, the third party regional centers are responsible for management of the business and capital. The regulations make it so clear that “investor” cannot enter into any agreement with the “center” to receive the funds, or any portion of it or returns. Any such agreements would “disqualify” the investment as “capital” and renders the Green Card application not approvable.

The laws make any provisions of “redemption rights” for an Eb5 investor at any given time “impermissible”. This “impermissible debt arrangement cannot be cured” by any other clauses whether mandatory, contingency, optional, etc. Any clause that provides the rights for the buyer would not be in compliance with Eb5 regulations.

In Eb5 direct, the money stays with the investor and the risk is “inherent”. The immigrant investor must provide evidence of “actual undertaking” of the business activity. Only registering a business is NOT enough. Only signing a commercial lease is not enough.

The USCIS wants to assure that the business of the commercial enterprise would be continued and unless such business has come to a certain point, validity of such assurance does not appear to be reasonable.

Remember, Capital must be Available

The full amount which is either $900,000 or $1,800,000 in some zip codes must be available to the business and if there is an entity that is responsible as “job creation” entity within the “new enterprise” any associated fees, filings, attorney fees, administrative fees must be in addition to the minimum requirement for the payment.

Remember, the Investor’s Money cannot be in his Own Account

There must be “escrow accounts” which petitioner does not exercise sole control, otherwise the funds do not satisfy the “at-risk requirement”. The money maybe held in escrow accounts in the foreign country but it is highly recommended that this money to be transferred to the US at the beginning to avoid the issues of transferability, currency fluctuations, sanctions, etc.

Employment based immigrant visa category 5 or as is called “Eb5” contain complex business process. In particular, the financial procedures must be handled in detail and with extreme accuracy. The calculated and planned steps are substantially more than “mere opening up a business”. The thorough assessment of the situation will need to be diligent and careful. Any deviation of the proper procedure would cause the investor’s petition to be denied. Yu must consult with an experienced lawyer to receive proper consultation before you decide to engage in any business activity in the US.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California, licensed by California Supreme Court (USA).Ramona Kennedy is the  lifetime, honorary member of the US Supreme Court’s Bar Association and a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).

Website: http://www.bestlawyerusa.com Email: Kennedycounsel@gmail.com Phones: +19496770063 & +13106230080Telegram & WhatsApp: 1949677006 Website: www.bestlawyerusa.comwww.topsuperlawyer.com Immigration Law Blog in English:www.kennedylawblog.wordpress.com Immigration Law Blog in Farsi:www.kennedylawblog1.wordpress.com Business Law Blog in English:www.kennedylawblog2.wordpress.com Telegram Channel in Farsi: https://t.me/USA_LAWYEROffice Locations: Los Angeles (Westwood) Location-Oppenheimer tower10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024Phone: 13106230080 Orange County

Investment in a new business or an old “in trouble” business can give Eb5 applicants a “Green Card”

Investment category 5th of employment visa (Eb5), requires

  • “Investment of Capitals,
  •  in a “new” enterprise,   
  •  which creates “jobs” for American market.

The Eb5 has two types

  • Regional Center Program, which means investing in a company
  • Stand-alone, none-regional program, which means investing in investor’s company

What constitutes the “Capital”?

But what is Capital? Congress has created the immigrant investment visa for the economic benefit of the US. The regulations set forth by congress regarding this visa, also defines Capital.

Capital is not only cash. Capital includes cash, inventory, tangible properties, indebtedness secured by assets owned by immigrant investor.

The immigrant investor should be personally and primarily liable and the assets of the “Eb-5 enterprise” is not used as collateral to secure the “indebtedness”.

Capitals value is “US Fair Market Values” of it.

Immigrant Investor must prove he is the “legal owner” of the Capital. Only portion of what has been earned through “lawful means” is considered “capital”.

To show the “Capital” is within the lawful means, one may introduce

Foreign business, corporate, partnership registration records, previous tax records,  income, personal or business properties, licenses within the last “5 years”.

Evidentiary documents establishing the “sources of the capital”

Certified copies of formal court documents including but not limited to all pending civil or criminal actions, administrative proceedings withing the last “15 years”.

Capital may partly be a loan to the investors, secured by promissory note. But the promissory note can not use part of the “immigrant US Eb5” company to secure the debt. The person should be personally and primarily be liable for the debt. The note must be “recoverable” and “amenable”. The money must be payable within “2 years”, no extension is accepted. And the value of the note is the “present market value”.

What constitutes an “Investment”:

Investment of his or her own capital s the key. The paths of the funds or the future paths of the funds must be fully documented.

The meaning of invest means “contribution”. Many prior investment Eb5 visas have not been resulted in receiving a visa because the capital can not be used as “loan” to fund the investment project. The funds actually must be placed at “risk”. A loan against assets of the “Eb5” subject, even if is initiated by the “investor” himself, is mean to secure the assets against the loan and therefore won’t work.

To qualify, the investment must actually be placed at risk. A mere intention of “wanting to be at risk” is not sufficient for this purpose.

Purchasing a “share of a business” from a previous investor will not qualify for the purpose of Eb5, because the funds are not directly injected as “capital” to the Eb5 firm. It is paid to the shareholder, not to the business.

There should be no language of “guaranteed return”. According to the USCIS (United State’s Citizenship and Immigration Services” : “if the investor is guaranteed the right to eventual ownership or use of a particular asset in consideration of the investor’s contribution of capital into the new commercial enterprise, the expected present value of the guaranteed ownership or use of such asset will count against the total amount of the investor’s capital contribution in determining how much money was placed at risk”.

Eb5 Business can generate profit. Profits can be used by the investor. Profits, if not otherwise prohibited can be distributed to the investor during his “conditional residency period” and even before the required jobs have been created. The distribution of the profits from the new commercial enterprise cannot be a portion of the investors initial minimum required qualifying investment. It can not be guaranteed to the investor.

For example, if the immigrant investor is given a right of ownership or use of real estate, the present value of that real estate will not be counted as investment capital put at risk of loss.”

Nothing prevents an immigrant investor from receiving a return on his or her capital in the form of a distribution of profits from the new commercial enterprise. This distribution of profits may happen during the conditional residency period and may happen before creating the required jobs. However, the distribution cannot be a portion of the investor’s minimum qualifying investment and cannot have been guaranteed to the investor. 

The investment of the capital must be in a new or an existing “in trouble business” and the terms to apply are complicated and open to interpretations. To succeed in receiving a Green Card, an investor must first to consult with a lawyer. Third party businesses in America are eager to solicit and provide terms that appears attractive, but not all of those businesses will lead to a green card. Engagement in a business activity or contract must be secondary to full consultation, investigation, assessment and primarily approvals of compliance with all EB5 immigration requirements. Such laws can not be waived, changed, modified to suit a business. A business investor must assure the “compliance” with the help of an experienced lawyer.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship.For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California, licensed by California Supreme Court (USA).Ramona Kennedy is a lifetime, honorary member of Bar Association of United States Supreme Court, and a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA).Ramona Kennedy is fluent in English and Farsi (Persian). Website: http://www.bestlawyerusa.com Email: Kennedycounsel@gmail.com Phones: +19496770063 & +13106230080Telegram & WhatsApp: 1949677006 Website: www.bestlawyerusa.comwww.topsuperlawyer.com Immigration Law Blog in English:www.kennedylawblog.wordpress.com Immigration Law Blog in Farsi:www.kennedylawblog1.wordpress.com Business Law Blog in English:www.kennedylawblog2.wordpress.com Telegram Channel in Farsi: https://t.me/USA_LAWYEROffice Locations: Los Angeles (Westwood) Location-Oppenheimer tower10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024Phone: 13106230080 Orange County Locations: Irvine:-7700 Irvine

New Rules are Set to Create Additional “Asylum Bars”

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The new rules currently being challenged in court by advocates will set new asylum bar.

This means whoever is convicted of these crimes will not be eligible to apply for asylum after November 20th, 2020. The crimes must have been committed after Nov 20th, 2020.

These crimes will cause a granted asylee to lose his status–termination of asylum status. These crimes will NOT cause a granted refugee lose his/her status, however generally refugees are subject to removal under INA § 237, if they receive criminal convictions or conduct after being admitted.

The new bars are “additional limitation” to asylum under INA § 208(b)(2)(C). But what are the new categories of crime that affect asylum?Under 8 CFR §§ 208.13(6)(c), 1208.13(6)(c) these crimes are as followed:

1- Any felony offense

2- DUI that caused injury

3- Repeating DUI (California wet reckless—reckless driving– may or may not qualify)

4- Possession or use of false identity documents (Except for using documents to board a carrier to escape persecution, if one turns oneself in immediately upon arrival to the United States)

5- Possession or sale of a controlled substance or paraphernalia (Except for a single incident involving possession of 30 grams or less of marijuana

6- Wrongful use of public benefits

7- A crime involving a conduct relating or resulting to a crime of domestic violence for example, a crime of  Child abuse Child neglect Child abandonment Stalking (does not need to be a deportable offense under the domestic violence rules) There is an exception for a person who is not the primary perpetrator or violence and is otherwise qualified under INA 237(a)(7), 8 USC 1227(a)(7).

8- Gang crime. A “crime” that the judge “knows or has reason to believe the offense was committed in support, promotion, or furtherance of activity of a criminal street gang” as defined under the convicting jurisdiction or under 18 USC 521(a).

9- Federal conviction for the following Transporting, harboring, or smuggling, even if it is to help close family escape persecution and Illegal re-entry after removal10- Conduct, without conviction, committed on or after the 11/20/2020. Adjudicator knows or has reason to believe that the applicant engaged in acts of battery or extreme cruelty as defined at 8 CFR § 204.2(c)(1)(vi) (the extremely broad definition that is used for VAWA), in a domestic relationship. Criminal immigration is a complex subject.

It allows the government to implement multiple restrictions and take away many privileges that an asylee or refugee may receive under protection of the United States government. Sometimes the situation is not “black and white”.

There were “mitigating circumstances” or “events” that may be considered. Sometimes this was a onetime act and the perpetrator is extremely sorry for what he/she has done under circumstances.

Whatever the reasons , it is very important to get in contact with an attorney who understands the relevance of criminal laws and immigration consequences. You may lose your Green Card, asylum status, or may even jeopardize your chances of becoming a “citizen” if you just plead guilty or agree to terms that can’t be taken back.

An immigration system wants “model immigrants” to come in and stay. But sometimes the “second chances” are appropriate. If you, your friends or your loved ones have been in “trouble with the law” contact an attorney that understands your position.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship.For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California, licensed by California Supreme Court (USA).Ramona Kennedy is a lifetime, honorary member of Bar Association of United States Supreme Court, and a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA).Ramona Kennedy is fluent in English and Farsi (Persian).

Website: http://www.bestlawyerusa.com Email: Kennedycounsel@gmail.com Phones: +19496770063 & +13106230080Telegram & WhatsApp: 1949677006 Website: www.bestlawyerusa.comwww.topsuperlawyer.com Immigration Law Blog in English:www.kennedylawblog.wordpress.com Immigration Law Blog in Farsi:www.kennedylawblog1.wordpress.com Business Law Blog in English:www.kennedylawblog2.wordpress.com Telegram Channel in Farsi: https://t.me/USA_LAWYEROffice Locations: Los Angeles (Westwood) Location-Oppenheimer tower10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024Phone: 13106230080 Orange County Locations: Irvine:-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618Newport Beach:-5000 Birch St, Suite 3000Newport Beach CA 92660

What Is Immigration Inadmissibility and What are the Solutions?

Admission means allowing a person outside of the US enter to the US or allowing a person within the US get a Green Card.

Inadmissible, means someone who does not receive that permission.

Grounds of inadmissibility means reasons through which one person can become inadmissible.

Different eligible categories may have various grounds of inadmissibility. For example a person whose asylum request has been granted may not be inadmissible because of illegal entry to the US, but a person who marries a US citizen and wants to receive a Green Card, but has entered the US illegally may have to apply for “waiver of inadmissibility” to be able to receive a Green Card.

Inadmissibility is a complex and wide issue. And it does not apply for US citizens, whether they are born in the US or have received their citizenship through immigration lawful process.

Inadmissibility sometimes goes hand in hand with “unlawful presence”. Someone has entered illegally and stayed in the US without permission, or someone has entered legally and overstayed his visa or applied for asylum and his asylum has not been approved. In all the above cases someone is called to have “unlawful presence”.

When an asylum seeker receives asylum approval, the illegal entry and unlawful presence are forgiven, but if he commits a crime, for example “drug trafficking” or an “aggravated felony”, he becomes inadmissible. A type of inadmissibility that may not easily be forgiven or waived.

In a recent decision of October 8th, 2020, the BIA (board of Immigration Appeal) limited the use of “drug trafficking” to the first time of adjudication (28 I&N Dec. 107, Matter of Bernardita Maria VOSS, Respondent, Interim Decision #3997, U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals,October 8, 2020)

       The Court published its opinion stating that “If a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a) (2018), that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings.

The BIA disagreed with the IJ (immigration judge)  when “he held that the doctrine of res judicata does not preclude the DHS from charging the respondent with removability under section 237(a)(2)(B)(i) based on the same conviction that provided the basis for the previous finding of inadmissibility under section 212(a)(2)(A)(i)(II).3…” See Matter of G-A-, 7 I&N Dec. at 275; cf. Matter of Balderas, 20 I&N Dec. at 393 (basing a finding of deportability on an additional conviction in subsequent proceedings).

“Applying this holding”, the BIA concluded that “the respondent’s 2013 conviction for an offense relating to a controlled substance, for which she was granted cancellation of removal in 2014, cannot serve as the sole basis for the current charge of removability.”

An asylee can apply for a waiver in case of fraud or misrepresentation. Waiver maybe granted if humanitarian reasons, family unities, public interests or national interest has been established. Also undue hardship to family members can help here.

If the crime becomes more serious—such as aggravated felony, then the chance for granting a waiver becomes substantially less.

One of the grounds of inadmissibility that has recently (Feb 20, 2020 and then Sept 24,2020 ) been implemented and exercised by President Trump is “Public Charge”.

Public Charge inadmissibility means if someone within the US (and a federal judge has by far blocked this for applicant outside of the US and President Trump has not appealed it yet), is determined based on “age, health status, financial status, education” to likely become a “welfare user”, then government would deny its entry to the US.

Some of the grounds of inadmissibility are listed in section 212 of the INA. When a non-citizen applies for a visa to travel to the U.S., the consular officer makes an independent determination of considers whether any of these grounds apply, Also a CBP (Customs and Borer Protection officer makes another evaluation. Immigration officers make an independent determination of a non-citizen’s admissibility when he or she arrives at a port of entry.

Grounds of inadmissibility apply only to non-citizens seeking admission to the United States. It also does apply to Green Card Holders. Green Card Holders or Visa holders are considered applicants for admission when they arrive at a port of entry to the United States.

INA § 245, nonimmigrants applying to adjust to permanent resident status are also considered to be seeking admission. They are then subject to the grounds of inadmissibility.

INA § 237(a)(1), persons lawfully admitted to the U.S. as nonimmigrants could become inadmissible for permanent residence if they have violated US laws, while in the U.S. and could be subject to removal if they apply to adjust status.

A very important point to remember is since the grounds of inadmissibility and removal are different from each other, the same individuals might not be removable if they remain nonimmigrants.

Laws of immigration inadmissibility are complex and not knowing what to do may have serious negative consequences. The waivers for the grounds of inadmissibility are even more complicated and “case specific”. We highly recommend that you contact an immigration lawyer to consult about your case.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship.

For further information please contact the law offices of attorney Ramona Kennedy. Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California, licensed by California Supreme Court (USA).Ramona Kennedy is a lifetime, honorary member of Bar Association of United States Supreme Court, and a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA).Ramona Kennedy is fluent in English and Farsi (Persian).

Website: http://www.bestlawyerusa.com Email: Kennedycounsel@gmail.com Phones: +19496770063 & +13106230080Telegram & WhatsApp: 1949677006 Website: www.bestlawyerusa.comwww.topsuperlawyer.com Immigration Law Blog in English:www.kennedylawblog.wordpress.com Immigration Law Blog in Farsi:www.kennedylawblog1.wordpress.com Business Law Blog in English:www.kennedylawblog2.wordpress.com Telegram Channel in Farsi: https://t.me/USA_LAWYER

Office Locations: Los Angeles (Westwood) Location-Oppenheimer tower10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024Phone: 13106230080 Orange County Locations: Irvine:-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618Newport Beach:-5000 Birch St, Suite 3000Newport Beach CA 92660

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Kennedy Law Ramona Kennedy, Esq. (949)677-0063

KENNEDY LAW IMMIGRATION ENGLISH BLOG

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate(Doctorate in law) in America. Ramona Kennedy is a licensed Attorney in California (USA) and a member of the American Immigration Lawyers Association (AILA). Ms. Kennedy's areas of practice are US Immigration law, US federal Laws and California State Laws. This is an immigration law blog. It is not intended to be used as legal advise. For further information please contact the law offices of Attorney Ramona Kennedy.