Friday, September 18, 2009

Green Cards and Permanent Residency

What is a Green Card?

A green card is a common way to refer to the government-issued card provided to individuals with lawful permanent residence status in the United States. The name is based on the fact that the card was initially green. Throughout the years the card has taken different forms and colors, but the term “Green Card” has remained in use. You must carry your Green Card, or “Permanent Resident Card,” with you at all times

What is Permanent Residency?

Official immigration status is held in the form of Lawful Permanent Residency, commonly called “Green Card.” There are generally three avenues to obtaining Lawful Permanent Residency: through family members, through employment, and through the diversity lottery.

Some Travel Concerns for the Permanent Resident.

If you have a green card (i.e. a Lawful Permanent Residence Card), it is important to be aware of some issues that may arise as a result of traveling outside the United States. A person with a green card is free to travel outside the U.S., although a passport from their country of citizenship is generally necessary. When you return to the U.S. you usually simply show your green card at the time of re-entry. However, if you are going to be outside the United States for more than one year, but less than two years, you will want to obtain a “reentry permit.” Be aware that if you are outside the U.S. for more than 180 days (about 6 months) and attempt to re-enter, you may be deemed to have abandoned or relinquished your status.

Monday, September 14, 2009

The Wealthlawblog's "The Low Hanging Fruit of Asset Protection"

With all of the wealth protection strategies available to attorneys and their clients today it is common for us to lose sight of the simple ways to protect assets. Yesterday I came across a great post by Ted Simpson on which succintly mentioned some important yet vital wealth protection strategies such as education savings accounts and strategic titling of property. The list is brief but serves as a timely refresher for advocates and clients alike during these tough economic times.

Understanding Postadoptive Contact Agreements

In 2005 the Nevada legislature added Nevada Revised Statutes 127.187 through 127.1895, which collectively codified the rules surrounding treatment of Postadoptive Contact Agreements in Nevada. Whether you are giving a child up for adoption or adopting a child yourself, it is important to understand the implications these agreements have and your rights under them.

How do Postadoptive Contact Agreements become enforceable?

According to NRS 127.187, for Postadoptive Contact Agreements to be enforceable they must be in writing and signed by the birth parents and adoptive parents as well as incorporated into an order or decree of adoption. Once these steps have been followed the agreement will stay in effect until either the child reaches the age of 18, is emancipated, or the agreement is terminated.

What if a party to the agreement does not comply?

According to NRS 127.189, if a party fails to comply with the agreement it will not allow them to set it aside or get damages; the most common remedy is for the Court to enforce the terms of the agreement. What is especially important to remember is the fairly brief statute of limitations attached to actions for enforcement. An action to enforce an agreement must be brought within 120 days after the date of breach.

What if the visits become a problem for the child or family?

According to NRS 127.1895, there are some circumstances in which an adoptive parent may petition the Court to have the postadoptive contact agreement modified or terminated. To do so the parent must petition the Court which entered the order or decree and show that, 1) a change in circumstances warrants modification or termination, or 2) the contract required by the agreement is no longer in the best interests of the child.

The best interests of the child are paramount in the Court’s decision making process. In fact, according to the statute, if the adoptive parents petition the Court to terminate or modify the agreement it is presumed by the Court that modification or termination are in the best interests of the child. Then it becomes the opponent’s burden to show the agreement is in the child’s best interests, a difficult burden to overcome.

Another important thing to remember for adoptive parents is that according to NRS 127.1895(3), any order issued to modify an agreement may not expand or increase contact between the child and other parties involved, or place any new obligation on the adoptive parent.

If you would like more information or need help resolving an issue with a postadoptive contact agreement, contact Ellsworth, Moody & Bennion today.

Search Nevada Businesses Online

There are numerous reasons why individuals and their counsel would need to look up vital information regarding Nevada business entities, but many fail to realize this information is available at their fingertips. The Nevada Secretary of State's Website has a convenient Business Entity Search which allows you to easily search for NV entities by name, entity number, officer(s), or the entity registered agent.

After finding the appropriate business, the search results provide access to important information such as the status of the business, its filing date, information regarding their registered agent, the business's public financial information, the company officers, as well as any actions and amendments taken since the business's formation.

Feel free to contact Ellsworth, Moody & Bennion for more information about forming your own Nevada Business Entity.

Friday, September 11, 2009

How to Register a Nevada Business Entity in Another State

As local businesses struggle in the current Las Vegas economy, many of them are looking to do business out of state where the grass appears somewhat greener. While not always necessary, it is usually beneficial for these businesses to register in the states where they plan on having an established presence.

Registration of a NV entity such as a limited liability company can be complicated, and if done incorrectly, it can lead to costly consequences for a business. For this reason it is always best to consult with competent legal counsel before forming or registering any business entity in Nevada or abroad.

There are a few items and pieces of information your attorney will likely need before you can register your NV entity in another state:

  • The name of your company, or a fictitious name if the name already belongs to another entity in the state.
  • The names and addresses of the entity officers.
  • The name and address of the statutory or registered agent for the entity. The person usually must have an address within the state. If the agent prefers to receive correspondence at a post office box they are usually required to provide an alternate physical address.
  • A Certificate of Existence or Good Standing for the respective entity from the Secretary of State.
  • The appropriate filing fee for the state.

While this list is by no means exhaustive, it is fairly representative of what most states require. The requirements vary between entity types, but are generally quite similar.

If you would like to learn more about foreign registration of Nevada entities, contact Ellsworth, Moody & Bennion for a consultation.