Hire the best attorney for successful Green card immigration

Are you in search of a competent green card lawyer? Well then you should behaving idea about how important this professional can be. Migration is difficult process but in case you need permanent citizenship of a country then you must have profile that comply all the lawful aspect regarding citizenship of that country. Green card immigration lawyer can help you handle the process which eventually allows you to become citizen of country. Getting green card is not an easy thing and if you don’t know rule and eligibility criterions then you may not get the desired results. So it is better that you hire an attorney who is a green card lawyer and have successfully helped people in this regard. But then how will you determine who is the lawyer that can be best for your needs?

For green card immigration a lawyer holds great value and you will be sharing many confidential details so looking for a trusted. Talk to people in your neighborhood, discuss with friends and colleagues and ask whether they know any Green card immigration attorney who specializes in green card processing. Getting referrals can actually be of great help since someone has already taken satisfactory service from that attorney so you will be left with only discussions related to fees. If at all you don’t find any good references for green card attorney then you can inquire in local attorney’s firm and start talks with lawyers. You can do bit of homework at home so while the lawyer discusses things with you understand them and you can also keep all the documents ready that are required in immigration.

You need to be eligible for getting green card and that criterion can be understood by a lawyer only, it will be wise if you study on that but if you lack with any parameters then, only a pro can help you out with the process. Many times people who are qualified are deferred green card only because their plea is not effective or they lack with documents so you surely don’t want this to happen with you. Today lawyers who are expert in green card immigration get clients through their personalized blogs and websites and they also put certain relevant information about immigration. So you can find such sites and go through the contents, you may like the rates and competence of lawyer as most of the attorneys display their profile so you can directly contact them if you think of hiring

Florida Phosphate Industry Practices Severely Disturb Navigable Waterways

Florida is known as the “Sunshine State”, but interestingly receives more rainfall than most states in the Union. Florida receives enormous amounts of yearly rainfall from north to south every year. About fifty percent of the annual rainfall is absorbed into the ground and “contained” in watersheds. Central Floridas watersheds as a whole cover an area the size of the great state of Rhode Island.

The Florida landscape certainly contains or “holds” enough rainwater on a yearly average to naturally recharge local freshwater aquifers, rivers, streams, springs, lakes, watersheds, and lowlands. The central peninsular region of Florida “contains” about fifty percent of yearly rainwater for west central Floridas, including the Tampa Bay area, drinking water.

Curiously, enough rain falls in Florida annually to cover the entire state in five and a half feet of rainwater. The volume of rain described above continues naturally year after year. However, central Florida is not known for flooding by summers usual daily tropical downpours, or when tropical storms drop heavy rain, the water just seems to disappear right before your eyes.

How and where is all that water contained you may ask? The Florida landscape and sub-surface is made up of a particular hydrogeological material called karst rock (limestone based), along with other types of porous sands and clays. These materials are naturally porous so gravity can move ground water as though the water is being mechanically pumped through the grounds sub-surface. Without this type of landscape, Floridas citizens would not have enough natural drinking water resources.

Floridan Aquifer Floats On Saltwater Base
Florida land floats on a bubble of freshwater called the Floridan aquifer which in turn supports multiple levels of smaller aquifers one upon another in the central Florida earths sub-surface. All of which are fed with rainwater by gravity through the many conduits of earthen materials into the Florida landscape refilled by yearly average rainfall amounts.

The Floridan (1) aquifer precariously floats on a saltwater base hydraulically held in place by the Gulf of Mexico on the west and the Atlantic Ocean to the east. Saltwater infiltrates the limestone base of Floridas sub-surface where the Floridan aquifer bubble is resting or “floating” on a saltwater base.

The mass of the freshwater contained in the earths sub-surface compresses the saltwater base. When the weight of the freshwater bubble contained in the sub-surface falls below a particular level, saltwater intrusion makes up the differences in contained water pressure. Lower freshwater mass causes saltwater to infiltrate Floridas freshwater resources causing degraded fresh drinking water quality and quantity. These symptoms are affecting drinking water for millions of Florida taxpayers daily.

The explanation above on how ground water moves through the Florida earth is given to help the reader understand why phosphate strip mining is detrimental to safe drinking water statewide. Knowing how the ground beneath ones feet holds and moves fresh water is paramount to understanding why phosphate strip mining is so invasive that it threatens an entire region of Floridas drinking water quantity and quality.

Phosphate mining removes the earths surface fabric including natural tributaries, streams, springs, aquifers, and the like which naturally holds central Floridas drinking water. Phosphate industry practices create these severe environmental impacts that cannot be reversed because the technology to do so does not exist.

Once the mighty dragline strips the karst rock formations from the earth surface, all the once “contained water” now inundates the local area flooding the mined spoil piles and pits with unmeasured wasted amounts of Floridas public aquifer water drinking resources. Some of these pits are a square mile in surface area and can be two-hundred feet in height. That is equivalent to a twenty story building spanning one square mile.

Aquifer Water Wasted Daily

Daily, billions of gallons of fresh drinking water from local aquifers is completely wasted in the mined pits for an indefinite amount of time or until the water evaporates. Either way, unmetered aquifer water is being wasted daily by Floridas phosphate industry and paid for by Floridas taxpayers. This is shown by Google Maps looking at the central Florida landscape around Fort Meade and Polk County. All the severe environmental impacts can be seen by all who seek.

Central Florida watersheds supply over six million people with safe drinking water. Almost five million of those people live near the greater Tampa Bay area, which is the largest estuary in the state. More freshwater resources flow from area watersheds into Tampa Bay than anywhere else in central Florida. The Tampa Bay Estuary contains over 200 species of fish, including big game fish such as tarpon, snook, redfish, and sea bass or grouper. Numerous mangrove islands support a diverse set of waterfowl nesting areas. Charlotte Harbor is just eighty miles south and is the second largest estuary in the state with as many freshwater resources in danger from the phosphate industry as well.

Unfortunately, Central Florida is where phosphate mega-mining occurs daily. Phosphate industry officials want phosphate ore (2) that sits beneath the richest environmentally challenged hydrological freshwater producing, earthen framework on the face of the earth.

Central Florida contains the lions share of the 27 phosphate mines located in Florida as a whole. Over a half million acres of isolated riparian wetlands and riparian wetlands linked to state (public) navigable waters are at the mercy of Floridas phosphate officials. Curiously, state (public) navigable waterways seem to be severely disturbed by strip mining the central Florida landscape.

Historically, phosphate officials appear to refuse to be good environmental stewards and are intent on removing anything or anyone in their quest for phosphate, including Central Floridas (public) navigable waterways and drinking water resources.

The central Florida areas mentioned above being strip mined are riparian in nature and contain navigable waterways as well. If so, then state officials may step in and curtail any illegal practices and secure funds from phosphate officials to repair severely damaged landscapes caused by phosphate industry practices. However, there are no publically mentioned plans to do so.

Read more from Davey Crockett @ Florida Mines Directory

Reference
1.Natural history. – swfwmd.state.fl.us/education/interactive/peaceriver/natural.php.
2.Phosphate Mines. – dep.state.fl.us/water/mines/manpho.htm.

Lead India – Displaying the traits of a leader – Mr. Devang Nanavati

Mr. Devang Nanavati is a Bachelor of Arts from Pepperdine University, California, U.S.A and an LLB from Sir LA Shah Law College, Ahmedabad his academic years have always been a perfect synonym of excellence with over 15 Gold Medals in various areas of Academics and pursuits like elocutions as well as public speaking. In addition to these he has attended various programs in the areas of International Finance and Law, Private power projects and Foreign Collaborations.

Mr. Devang is always leading initiatives directed towards betterment of the society and has taken a keen interest in the area of Human Rights and also has been actively involved in various Clubs where he has assumed a very active role of a Decision Maker and established standards of governance. He believes that the Real freedom is like freedom from Corruption, injustices of the system, social insecurity, poverty, illiteracy and Laws play an important role to achieve true freedom. It is a fact that for removing such problems we need to choose a true leader who can lead India; a leader who has the vision and energy to carry forward the spirit of a Progressive Nation.

Displaying the traits of a leader, Mr. Devang Nanavati has always been representing the state of Gujarat and the University in competitions such as Late Shri I.M. Nanavati All India Inter University Moot Court Competition for Law Students and Bar Council of India Trusts XIth All India Inter University Moot Court Competition 1993.He has participated into and won various state and national level contests in the areas of Elocutions, Public Speaking, Dramatics, Speech and other literary Competitions.

In addition to these he shares diverse interests in the field of Sports such as Billiard, Snooker, Cricket, Football, Tennis etc and is deeply involved with organizations like Gujarat State Billiards Association & Ahmedabad Chess Association as their President and as a Vice President of Billiards and Snooker Federation of India.

Mr. Devang Nanavati would like to launch a project to improve traffic infrastructure. His project would also aim at training authorities and departments who hand over driving licenses so that the new driver is cautioned at the very beginning With zeal to lead the nation and set benchmarks in Governance.

Mr. Devang Nanavati has deservingly been ranked amongst the Top 3 nominees out of Gujarats Super Eight in the LEAD INDIA Campaign promoted by the Times of India.

Let Us congratulate Devang Nanavati on being ranked highest by the Expert and Audience Jury and creating a deserving space amongst the Top 3 leaders in the Lead India Campaign.

Tourist Visa 9A Philippines

This visa is issued to foreigners (restricted and non-restricted) for the purpose of pleasure, business and/or medical treatment.

Foreigners who intend to stay in the Philippines longer than 21 days must obtain a fifty-nine day visa at the Philippine Embassy or Consulate before travelling to the Philippines. However, if a foreigner enters the country on an entry stamp and intends to stay longer, he can apply for a 38-day visa waiver at the Bureau of Immigration in Intramuros (Manila) or at any Immigration sub-office in the country to obtain a total of 59 day stay in the country. Please refer to the illustration below:

entry stamp for 21 days + 38 day waiver = 59 days

Note: A tourist visa 9A holder is prohibited to obtain any form of employment, to engage in business or to study in any learning institution in the country.

Requirements

Duly filled application form (BI Form No. MCL-07-01)

Passport valid for at least six months before the intended travel to the Philippines

One 2″ x 2″ photograph taken within the last six (6) months with the applicants signature on the front side of the picture

A photocopy of the applicants air ticket or confirmed itinerary.

Proof of financial capacity (e.g. travellers cheques, latest print-out of credit card account(s), latest print-out of bank statements, ownership of real estate properties, and other documents showing the applicants capacity to financially support himself for his stay in the Philippines)

Note: If the application is made by an agent or a representative, the application form must be notarized by a notary public, a lawyer or a solicitor.

Fees in Pesos (if applying in the Philippines)

For the extension of 21 day entry stamp for another 38 days

Visa Waiver 500.00

Visa Waiver Application Fee

1,000.00

Certification Fee

500.00

Express fee (Certification)

500.00

Express fee (For processing)

500.00

Legal Research Fee (LRF) for each item

20.00

Total

3,020.00

Note: The application fee/s for the temporary visitors visa (tourist visa) abroad vary from the Philippine Embassy or Consulate or the currency of the host country. Please contact the Embassy or Consulate for information.

Further Extensions: Tourists visas can be extended beyond 59 days. Please see our visa extensions page.

The Temporary Visitors Visa can be converted to another form of non-immigrant or immigrant visa. Below is the list of all non-immigrant and immigrant visas which can be obtained through the Temporary Visitors Visa.

Student Visa

Pre-Arranged Employee Visa Commercial

Pre-Arranged Employee Visa Missionary

Treaty Traders Visa

Returning Resident

Children of the Resident Immigrants

Returning Former Filipino Resident

Immigrant Quota (13)

Permanent Resident Visa (13A)

Temporary Resident Visa (13A)

Australia Immigration From Singapore

Australia is one of the fastest developing economies of the planet. Blessed with vast natural resources and low population, the Australian Government welcomes people from various parts of the world to make Australia their home. Ntrust is a trustworthy Australia immigration agency that can help you successfully migrate to Australia! There are several opportunities for migrating to Australia from sg depending on the purpose of immigration. Here is a brief overview of these choices and options.

1. Skilled migration
Australian Department of Employment and Workplace Relations has published a list of skilled occupations. Any individual under the age of 45 possessing those skills and having 1-2 years of relevant work experience can apply for immigration to Australia provided the candidate proves his proficiency in an assessment test and the English language called IELTS.

2. Resident Return immigration
Any individual who has resided in Australia for 2 years in the period of the past 5 years as a PR can apply for a RRV for Australia. The RRV can also help to renew visas which are about to expire in order to continue the Australian PR status. Even if the residency requirements are not met but the individual has significant business or cultural ties with Australia, the Resident Return Visa can be applied for.

3. Business Skills immigration
Australia invites individuals with a proven track record of managing businesses to immigrate to Australia. A successful business career, relevant skills, expertise and a commitment to work in Australia are the requirements for applying for a Business Skills Visa.

4. Family immigration
Under this program, an Australian permanent resident over 18 years of age can sponsor one of his relative or a family member. Family Migration includes partner immigration, parent immigration, child Migration, relative Migration and care taker immigration. In each case, documentary evidence must be presented to ascertain a continuing relationship.

5. Employer Sponsored immigration
An employer can nominate an employee for migration to Australia if the employee fulfills any of the following criteria highly skilled with a certain minimum salary, already possessing a temporary visa, a position which cannot be filled locally, an offer of more than 3 years and being a key executive for the organization.

6. Student Visa
Students who wish to study a full time registered course in Australia can apply for a student visa. Students from certain countries called Gazetted Countries can get this visa easily. It is a fact that almost a quarter of the population of Australia has been born overseas thus making migration to Australia a very exciting proposition.

Why is Australia Best?
(a) Deregulated economy with a beneficial tax system.
(b) Enormous natural resources exploited by superior technical proficiency.
(c) World standard education at schools and universities.
(d) Premium healthcare systems.
(e) Affordable and high quality housing.

The Main 4 Reasons Why You Have To Hire An Immigration Lawyer

Every nation have their own legal guidelines on how immigrants can acquire legal citizenship or long term residence. Many times, folks will have to file records and perhaps even show up in court to show their case as to the reasons they wish to be in that country. The entire process of attaining residence or citizenship often is difficult, and also the ever-changing rules encircling it can be difficult to know. As a result, a variety of reasons exist that support the concept of a person’s acquiring a lawyer as he or she does apply for citizenship.

The following are the top 4 factors why immigrants will need to retain the services of an immigration law firm:

1) Immigration Regulations Regularly Alter. Lawmakers usually look for strategies to improve or modify the protocols that dictate how men and women receive citizenship or residence in the country. The laws could be loosened or intended to be stricter, dependant upon the political climate. For the reason that rules alter with lawmakers’ preferences, the actions to become a citizen or legal resident might be a challenge. Immigration legal professionals will help customers navigate this procedure.

2) The Process Could be Lengthy. It may take years before one is allowed to secure their citizenship. Frequently, immigration guidelines mandate just how long someone must live and be employed in a country before they might submit an application for citizenship. That person might even be asked to pass a language and citizenship evaluation to indicate his / her cultural competence. Nonetheless, ones immigration lawyer will always be by that individuals side and guide the client regarding how to complete these tests and establish that this individual is worthy of citizenship.

3) Legal Professionals Represent Customers at Legal Proceedings. When immigrants are called to show up before immigration authorities, their legal professionals are along with them and represent them before people that determine the case. An immigration lawyer will speak for the client and provide information of why that individual should live in the nation. The lawyer can also help prepare that individual prior to hearing and could advise the client in tips on how to answer inquiries in the most effective method.

4) Regardless Of Results, Legal Professionals Will Be There To Help. Whether an individual’s application form is denied or accredited, the customer’s immigration legal professional is there to assist that individual. Oftentimes, individuals are confused about the most effective decisions to make. Their emotions may impair their judgment. Legal representatives help these individuals make the best choices possible during the complete operation.

Rather than take on the troubles of immigration laws, individuals could do better to employ Mesa immigration lawyers. Attorneys that are experts in this area of law are aware of the multitudes of requirements and realize how to present cases correctly before authorities.

Excellent Fiancee Visa Service for My Thai Fiancee by USA Immigration Law Thailand

Brian Wrights USA Immigration Law Thailand service was really great for us when I was a several thousand miles away from my Thai Fiancee in Thailand and we needed our Fiancee Visa processed to be done. Brian Wright made everything completely manageable though the stumbling blocks of the fiancee visa process seemed almost insurmountable considering the distance and language barriers. Brian Wright and his staff took the time to make sure we understood the fiancee visa process and kept us from making any mistakes that would have cost us time. Brian Wright even took the time to help us after we returned to the United States and DHS screwed up our paperwork for the Change of Status.

My Thai Fiancee is happily in America I want to thank Brian Wright for the excellent fiance visa service he provided. Everything went very smoothly and he took care of everything exactly as Brian Wright promised.

Having lived and worked around the world, I knew upfront the process for getting a fiance visa was not going to be easy. There are many obstacles to overcome such as the following:

The many documents the Thai applicant must obtain.

The Medical and Police report.

The form in English that need to be completed by the Thai applicant.

Knowledge of the Embassy and the process and customs for a successful application.

The many documents that must be supplied by the petitioner.

Brian Wrights fiance visa service was excellent and he helped make the whole fiancee visa process very simple for both of us. My Fiancee commented many times that she fell very comfortable with the way he was handling the fiance visa application. This helped her to relax and be less anxious through the fiancee visa process.

USA Immigration Law Thailand firms sole area of practice is fiancee visa, marriage visa & CR-1 marriage visa from Thailand to the United States. USA Immigration Law Thailand does not process other types of visas to America, nor does process visas to other countries.

The only additional services USA Immigration Law Thailand provides support the fiancee visa and marriage visa application process.

As a result of USA Immigration Law Thailand firms sole focus on processing fiancee visa and marriage visa from Thailand to the USA, USA Immigration Law Thailand have processed more visas to the USA from Thailand than all other Thailand based and US based immigration attorneys and visa service companies, combined. This has earned USA Immigration Law Thailand firm the distinction of being the most experienced and knowledgeable in this field.

USA Immigration Law Thailand firm, which is based in Thailand and America, is headquartered in Thailand as the primary focus of the visa application process is with your Thai fiance or Thai wife.

I (Anthony S., Pennsylvania, USA) would surely recommend USA Immigration Law Thailand by Brian Wright to anyone trying to get a Visa to the United States from Thailand for Thai Fiance.

Again, thank you for your excellent fiancee visa service.

Canberra Reports Rise In 457 Visa Candidates Keen On Queensland Immigration

Immigration Australia has disclosed that 2,500 overseas workers moved to its Queensland province during the last year to cover the regions job openings across its mining and construction sectors. The existing data show that during the concerned period, 34% of workers from abroad–who turned-up on the soils of the province using 457 permits–were involved with these sunshine industries, which, presently, are facing crucial scarcities of labor. That there is huge demand for trained workers, having relevant experience, in the resources industries of Queensland, is no secret.

Meanwhile, a concerned person was quoted as saying that during the year gone by, 2011, and over the course of three months, Queensland immigration received as many as 50,000 expressions of interest (EOI) from the interested people.

Coming back to the immigration body of the country, it reportedly said that the demand for talented overseas workers is only heading north, with British workers being in a rather high demand. Workers from the US and India come next. It added that close to 1,360 construction workers turned-up during the past one year, using 457 Temporary Business Permits, even as this number is over 200% of the 670 construction workers who had turned-up during the year gone by. Besides, overseas workers entering the mining industry headed north. While earlier it was 560, it became 1,180 during the same duration.

Despite these inspiring developments, not everyone really believes that this is a positive development for Down Under or migrant workers. In this connection, a critic was quoted as saying that the use of the 457 Permits of Australia is a method to usher-in overseas workers who (companies) may take advantage of by paying not-too-impressive salaries to them. He continued that the employers of such employees may well issue a warning that they would cancel their permits before they send them back home, in case they raised any fears of safety or salary conditions.

Available data shows that, by and large, the overseas construction employees, doing jobs across the province of Queensland, have been pocketing around $124,400 per annum. Besides, on an average, the mine employees on the Australian 457 permit pocketed close to $131,900 per annum.

Meanwhile, another involved person was quoted as saying that Queensland requires additional workersthe reason being most of the trained workers of Australia are reluctant to shift to regional places. He added that such employees prefer the eastern seaboard against the west, even while they are not very enthusiastic about shifting to Queensland. He reportedly continued that the entire involved process is rather complex, adding that it is rather impossible to bring in a worker from overseas on 457 permit, in case there are local workers to cover the opening.

Mediation – Stages of Mediation

Mediation will usually happen in five different stages;

1) The initial meeting
2) Joint meeting
3) Working with the mediator
4) Evaluation of the mediation
5) The settlement

The initial meeting is where each party is assisted by a mediator in exploring and clarifying the issues and feelings involved and decide if mediation would be a positive option in resolving the difficulties. The Joint meeting will start the parties concerned in the dispute by working towards and create a workable settlement or agreement about the future. This meeting will build a mutual understanding of the parties ongoing working relationship. The acting mediator will need to interact constructively with the parties while at the same time be completely impartial at all stages even within the parties company. Evaluating the mediation process would look at the contribution and results that both parties involved have given with a concept of improving the relationship for both parties interest. It will then be vital to ensure that both parties have recognised that they have developed various new techniques to resolve disputes through mediation which could be very helpful in relation to work in the future.

Every mediator will conduct the mediation process differently, it all depends on the mediator, the dispute and the parties involved. There are generally some key stages which help to set out the basic structure of the mediation process. A mediator would be appointed by both parties who have agreed on the choice, this is usually done either independently or through their personal legal advisers. The mediation date would then be set by both parties with an agreed neutral place for the mediation to take place. The venue should have at least three separate rooms so private discussions can be held, one for each party to the dispute and one room that is used for the face to face negotiations between parties.

The mediator should receive all documentation and a case summary from both parties before the mediation can take place. This allow the mediator to be ready for the mediation and should allow them to understand the dispute more fully. The mediator can also contact both parties or their legal advisers before mediation begins in order to clarify any points about the case. Mediation is an informal process, but all involved will have a legal duty to sign a mediation agreement that states the basic rules and procedures that will applying to the mediation process.

On the mediation date, each party will have an initial private meeting with the mediator followed by a joint meeting with both parties and their legal advisers. This allows each party to share their own views and point out the main issues that they have. Once this has happened there is a session of private and confidential meetings that take place during the day, these meeting will generally consist of the mediators seperate meetings with each party that look into the main issues in order to completely understand both parties needs. Towards the end of the day, the mediator will encourage the parties to start constructive and fair negotiations.

Guatemala and Enforcement of Foreign Judgements

Executive Summary What we are going to discuss here is whether or not a creditor can come to Guatemala with a judgment from a foreign (Non Guatemala) court and enforce it or make it collectible in Guatemala. We will look at the complications involved and the chances of success which are miniscule at best. I would like to point out that this is a topic not covered by our competition. There are collection law firms that discuss international judgement collection but they are trying to sell their services. In spite of this I have never seen one collection law firm getting enthusiastic about collecting foreign judgements. It is best done through a treaty which Guatemala does not have with any country. We will discuss the matter in depth below.
What is a Judgement A judgement is a decision from a court based on a trial or it could be based on a summary judgment where there was not trial held because the odds of success for the defendant were so small the court just goes ahead and railroads him. Sometimes this happens because the defendant can not afford a legal defense. This is prevalent in the USA. In this discourse we are addressing judgments for money damages. A judgement can have other aspects to it like an eviction proceeding ordering one to leave a house. It does not matter if it is a local court or a national court for this discourse. This is because Guatemala has no treaties for enforcement of foreign judgments but more on this later. The court would need to be contained in a country that Guatemala has diplomatic relations with. Guatemala also insists that the country of the judgement allows Guatemala judgements to be enforced in that country.
What is Not a Judgement A tax lien is not a judgment. Tax liens can come from local or national governments. There is normally no trial preceding a tax lien. There was no judge, no jury, no due process, no right to defend yourself, no attorney present for the defendant, no right to examine your accuser, no chance of jury nullification, etc. This is a government administrative procedure that is not enforceable offshore in other countries. A tax lien would need to be reduced to a judgement by filing a lawsuit in a court of appropriate jurisdiction in the home country. It would be like any other lawsuit. The defendant would have the right to present a defense and have a jury trail. Such a judgement would also then be dischargeable in an ordinary bankruptcy case. Tax liens are practically never converted into a judgement for these reasons and of course the expense involved, time delay to go to trail and so forth.
Guatemala Has No Treaty for the Enforcement of Foreign Judgements It is good that Guatemala has no such treaty. If a treaty like this was present the process of collecting a foreign judgment would be simplified. The judgment itself would be sufficient evidence to proceed with collection. With Guatemala, foreign judgements are anything but a cost effective easy thing to collect on.
Guatemala Corporations and Foreign Judgements Before we get into the ins and outs of the nightmares associated with collecting foreign judgments in Guatemala lets look at the initial problem a judgment creditor would face. We always have our clients use corporations for asset protection. This applies to banking, real estate, cars etc. We prefer to start with fresh corporations formed in the jurisdiction as long as they are anonymous bearer share corporations. Guatemala has very anonymous bearer share corporations. The names of the owners of the corporation do not appear in any public registry, database and the government does not know who owns the corporation. In places like the USA where the legal system has run amuck you will hear a lot of talk concerning piercing the corporate veil. This piercing the corporate veil tactic is nasty and effective in the USA. Try it in Guatemala and you will fail and have one angry judge to deal with who will be less than appreciative of your attempts to import sleazy legal tactics from the USA into his or her courtroom. The corporate veil is not going to be pierced for foreign cvil judgement collection matters. So how does the creditor attack real estate or a bank account owned by a corporation in Guatemala? He doesn’t! You are the owner of the corporation but he does not know that and cannot prove that. Ownership of Guatemala corporations is not in any public registry or database. Going to court and saying well the judgment debtor wired funds from his home country bank account to a bank account owned by this corporation, is not going to prove a single thing in Guatemala regarding corporate ownership. The judgment debtor may have invested in this corporation, he may have bought real estate from this corporation or bought a boat, a plane a car, etc. It does not prove any ownership. The judgement creditor is not going to be able to get into any Guatemala banking records using a foreign judgment as grounds. Guatemala has serious bank secrecy. You must understand that in Guatemala a corporation is a free standing judicial person (artificial person) that has its own assets and liabilities. Your liabilities are not the liabilities of the corporation. This means personal debts do not transfer over to a corporation.
Fraudulent Conveyance The catchall used to attack offshore bank accounts is fraudulent conveyance. A fraudulent conveyance references activity where funds or assets were removed from a jurisdiction to prevent a creditor from recovering the debt. The term can also apply to transferring title of real estate or a car to another to keep it from being attached by a creditor. Panama allows a creditor to pursue a fraudulent conveyance action based on a foreign judgment and this even applies to their foundations. As a comparison Guatemala is not a fraudulent conveyance friendly jurisdiction. Such cases are seldom ever heard of in Guatemala because the chances of success are extremely slight. The plaintiff would need to show that the transfer was specifically designed or intended to remove the assets from the reach of the creditor. If the defendant could show this was not the case then there is no fraudulent conveyance. The money could have been moved to say a Guatemala corporation to pay for services, goods, make an investment, buy a residence, invest in real estate, buy a boat, and so forth. Please bear in mind that in Guatemala the creditor is in the dark. He cannot just subpoena bank records like in other countries. He has no idea who owns the corporation. There are a lot of just about insurmountable obstacles in the path the creditor has to follow. This is why we do not really see these cases in Guatemala.
Foreign Judgement Enforcement Complications in Guatemala There are a lot of conditions that need to be met to enforce a judgment in Guatemala from another country.
Default judgments are not enforceable in Guatemala. The defendant must have been served personally. This means a live process server gave them the legal papers. If the service was by mail, by courier, by publication it invalidates the entire lawsuit and judgement as far as Guatemala is concerned. Dropping the papers on the doorstep or taping them to the door is not going to work. This right off the top eliminates a large amount of judgements.
The judgment must be final in that there is no more room for appeals. This is usually going to mean a few months in most cases.
The court that issued the judgment has to have had proper jurisdiction over the matter. Frivolous cases filed in foreign jurisdictions with incorrect venue or authority are not going to be enforceable. The debtor can always argue that the jurisdiction or authority the court asserted is incorrect. This can then make it a triable issue of fact in the Guatemala courts. The defendant would try to get the plaintiff to retry the entire case in Guatemala if he could not find another way to dispose of the matter. To do this means two sets of lawyers for the plaintiff, one in Guatemala and one from the foreign country. Think big money. Remember that Guatemala has no treaties for the enforcement of foreign judgments. This opens up the playing field to counter attack the plaintiff attempting to collect the judgement. When there is a treaty the judgment itself stands as admissible evidence and the grounds for objecting are most limited.
There is no enforcement if no such claim would be possible under Guatemala law. Guatemala will refuse to enforce the foreign money judgment if the claim on which the foreign judgment is based could not have been brought in Guatemala. The foreign case has to be consistent with Guatemala law. Guatemala law is not as crazy as USA, UK law. If you were sued for sending out faxes that were unsolicited, this judgment would be void in Guatemala since they have no such law in Guatemala. Many USA lawsuits are for civil violations that are absent from Guatemala law and thus not enforceable in Guatemala. This means the foreign attorney will have to retain foreign counsel to review the case and see it is consistent with Guatemala law. Can be expensive. He may have to have the entire matter translated into Spanish by a certified translator at a cost of $10 to $15 a page. Some cases are hundreds of pages. Then the Guatemala lawyer has to read the case which means billable hours. He will ask questions to the foreign attorney so now we get into double billable hours. In any event to enter the judgment into the Guatemala court system in an effort to collect there would need to be a translation of the judgment into Spanish. Then when the debtor started making objections the entire case file would most likely need to be translated into Spanish.
If the judgment was for contempt of court it makes the judgment not valid in Guatemala. This sort of judgment would not be collectible in Guatemala.
The judgment has to not be for default. In other words if you failed to respond to a foreign court action and were in domicile in Guatemala and they got a summary judgment that would not be a valid judgment.
More Foreign Judgment Collection Obstacles in Guatemala The creditor wishing to collect on a foreign judgment in Guatemala is basically on a financial mission, to collect funds. His path is like walking through a minefield. He can hit a number of unexpected or hidden tactics presented by the debtor that will make a financial recovery very unlikely.
First, we have to look at the appeals process open to the defendant. These are the things a creditor will be advised to consider before proceeding with an expensive and time consuming foreign judgment matter in Guatemala. Please bear in mind the defendant (debtor) can appeal any negative decision from a lower court two ways. The defendant can appeal to the Supreme Court claiming the law was not followed correctly applying any of the above noted objections, or all of them. He can also claim procedures were not followed correctly. He can claim the case is not consistent with Guatemala law. He can attack the way he was served. There are many things he can do. He can even file a counter claim against the creditor. The other appeals option is to appeal to the special Constitutional Courts Guatemala has to just decide constitutional issues. How hard would it be to argue that the defendant had some constitutional rights violated in the process somewhere.
If all that fails after years of waiting for the process to work its way through the courts, then there is the bankruptcy option. Guatemala has a complex bankruptcy court system that could be utilized for shelter from creditors. Using these appellate processes is going to run up the bill for the plaintiff substantially. Without the appeals system, the time required for cases can run up to the 3-5 year mark easily. Then add in appeals. and the bankruptcy for even more years. The plaintiff could conceivably go broke or die of old age before the appeals process runs out. They might recover nothing especially if a bankruptcy is used. The plaintiff might never prevail. The expenses involved could be more than the amount of the judgment. By the time all the appeals are used, the time limit for the judgment may have expired (7-10 years usually) and then the case could be dismissed because the judgment is not longer valid, thus not enforceable. And on and on it goes. Such collection efforts are indeed rarely ever seen in Guatemala.
Summary If you have read this you are looking for a secure offshore asset protection jurisdiction and structure. We have several excellent options. Please bear in mind the perfect jurisdiction and structure does not exist. There is always going to be a give and take scenario. We have managed to isolate a few excellent options but there is no perfect solution that meets the needs of everyone. We do try though!