Moving money between the United States and Brazil is a routine process for expats, investors, and families. However, both the IRS and the Central Bank of Brazil (Banco Central do Brasil, or Bacen) monitor international capital flows closely to prevent tax evasion and money laundering.

The secret to moving money without triggering an audit isn’t flying under the radar—it’s radical transparency. Here is exactly how to navigate cross-border transfers safely, legally, and efficiently.

1. The $10,000 Illusion and the Crime of “Structuring”

Many people mistakenly believe that if they keep their international transfers under $10,000, the IRS won’t notice. Attempting to exploit this is the fastest way to trigger a federal investigation.

• The CTR Rule: Under the Bank Secrecy Act, U.S. financial institutions must automatically file a Currency Transaction Report (CTR) for any transaction over $10,000. This is standard protocol and is not a tax. It simply creates a paper trail.
• The Smurfing Trap: If you need to send $24,000 and deliberately break it into three $8,000 transfers to avoid the CTR threshold, you are committing a federal crime known as “structuring” (or smurfing).
• The Consequence: Bank algorithms easily detect structuring and will automatically file a Suspicious Activity Report (SAR). A SAR goes directly to the Financial Crimes Enforcement Network (FinCEN) and the IRS, virtually guaranteeing an audit.

The Fix: Send the exact amount you need in a single transfer. If the money was earned legally and taxes were paid, a CTR is harmless

2. U.S. Reporting: The Forms You Cannot Ignore

Transferring your own money between your U.S. and Brazilian accounts is not a taxable event. However, having money overseas triggers strict reporting requirements. Failing to file the following forms carries devastating penalties, often starting at $10,000 per violation.

3. Brazilian Rules and the IOF Tax

Money entering or leaving Brazil cannot simply be wired; it must be justified with an approved “economic reason” (natureza da operação) under Bacen rules.

• The IOF Tax: Almost every foreign exchange transaction in Brazil is subject to the Imposto sobre Operações Financeiras (IOF). The rate depends on the transfer type. For example, transferring money to your own checking account abroad typically incurs a 1.1% IOF, while sending money to a third party (like a family member’s account) is taxed at 0.38%.
• Proof of Origin: For transfers entering Brazil exceeding $10,000 USD (or the Reais equivalent), Brazilian banks will freeze the funds until you provide documentation. You will need to show your U.S. tax returns, pay stubs, or property sale contracts to prove the money was earned legally and is not subject to additional Brazilian income tax (like the Carnê-Leão).

4. Taxes on the U.S. Side: What You Actually Owe

It is crucial to distinguish between a reporting requirement and an actual tax liability.

• Principal is Not Income: Moving your own post-tax savings across borders does not generate new income tax.
• Currency Gains: If you hold Reais in a Brazilian account, the currency significantly appreciates against the dollar, and you convert it back, that gain could technically be taxable as ordinary income in the U.S.
• The 2026 Remittance Tax (OBBB Act): Starting January 1, 2026, the U.S. implemented a 1% federal excise tax on international money transfers funded by physical instruments (cash, money orders, or cashier’s checks). To avoid this extra tax legally, ensure you fund your transfers purely electronically via ACH or direct bank wire, as digital transfers are entirely exempt.

5. The Safest Ways to Transfer Funds

1. Digital Transfer Services (Wise, Remitly): Best for transfers under $50,000. They offer mid-market exchange rates, transparent fees, and handle the regulatory compliance seamlessly on both the U.S. and Brazilian sides.
2. Bank SWIFT Wires: Best for massive transfers (e.g., buying real estate). Traditional banks offer worse exchange rates, but they provide the highest security for six-figure sums and handle the Bacen exchange contracts directly with Brazilian correspondent banks.
3. Avoid Physical Cash: Never carry more than $10,000 in physical currency across the border without declaring it on FinCEN Form 105. Customs agents regularly confiscate undeclared cash.

The IRS does not care that you are moving money to or from Brazil; they care where you got it, why you are moving it, and whether you are reporting it. Keep meticulous records, never split up payments to avoid tracking, and file your international forms on time to protect your wealth.

Disclaimer: This article is for informational purposes only and does not constitute formal legal or tax advice. Always consult with a CPA or international tax attorney regarding your specific financial situation.

Navigating USCIS policies can often feel overwhelming, but understanding the legal reality of your options is the first step toward securing your future. If you are deciding how to apply for your green card, you must understand how the government views your application.

Applying for lawful permanent residence in the United States is a life-changing step, but the path you take matters immensely to the U.S. government. On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a critical Policy Memorandum (PM-602-0199) that strictly clarified how adjudicators must evaluate green card applications.

If you are deciding between an Adjustment of Status and Consular Processing, it is essential to understand that USCIS does not view these two options equally. Here is a breakdown of how adjustment of status differs from ordinary consular processing and what it means for your case.

A Quick Comparison: How the Processes Differ

To understand how USCIS evaluates your application, we must first look at the fundamental differences between these two pathways.

The Practical Difference: Location and Convenience

The most distinct practical difference between the two pathways is where the process takes place.

• Adjustment of status allows an alien applicant to obtain lawful permanent residence without ever leaving the United States.
• Consular processing applies to individuals who are seeking immigrant visas and admission from outside of the United States.

While avoiding international travel is highly convenient for applicants, the U.S. government views this convenience as a privilege, not a right.

“Extraordinary Relief” vs. “Regular Processing”

Many applicants mistakenly believe that if they meet the basic eligibility requirements, an adjustment of status is guaranteed. The recent USCIS memo aggressively corrects this misconception.

• Consular processing is considered the regular and expected orderly method for immigrating to the United States.
• Adjustment of status is not an entitlement; rather, it is an extraordinary form of relief.
• Adjustment under most provisions is granted only as a matter of discretion and administrative grace.
• The adjustment process was explicitly not designed to supersede the regular consular visa-issuing process.

Strict Statutory Limitations

Because adjustment of status is an extraordinary benefit, Congress has placed significant limitations on eligibility that do not apply to aliens seeking immigrant visas from abroad.

• Individuals physically present in the U.S. generally must have been inspected and admitted or paroled to be eligible for adjustment of status.
• Specific classes of noncitizens are completely precluded from even accessing adjustment of status under section 245(a) of the INA, despite otherwise proper inspection and admission or parole.

These strict barriers further highlight Congress’s preference for the ordinary consular process.

Discretion, Intent, and the Burden of Proof

Perhaps the most critical difference lies in the burden of proof. Because adjustment of status is a discretionary benefit, the applicant bears the burden of showing why administrative discretion should be favorably exercised.

Congress generally expects that individuals paroled or admitted temporarily as nonimmigrants will depart the U.S. once the purpose of their admission or parole has been accomplished.

Such aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country.

Attempting to bypass the ordinary consular process by pursuing adjustment of status can be considered an adverse factor.

This is especially true if accompanied by a violation of immigration laws, such as overstaying a visa.

To overcome these negative factors, an applicant may need to demonstrate unusual or even outstanding equities.

The absence of adverse factors, by itself, does not demonstrate such unusual or outstanding equities.

Secure Your Future with a Trusted NYC Immigration Lawyer

The May 2026 USCIS policy update makes one thing abundantly clear: an adjustment of status is never guaranteed. Because adjudicators weigh every positive and negative factor on a case-by-case basis, presenting a flawless, compelling application is more important than ever.

Do not leave your administrative grace up to chance. If you are unsure whether you should pursue an Adjustment of Status or Consular Processing, we are here to provide candid, strategic legal guidance tailored to your specific history.

Contact our New York City office today at 212-258-0713 to schedule a comprehensive case evaluation and take the first step toward your permanent future in the United States.

The New York Dream Requires a Concrete Legal Strategy

New York City is the financial and cultural capital of the world. For foreign professionals, entrepreneurs, and investors, establishing a presence in Manhattan is the ultimate milestone.

But what many ambitious individuals don’t realize is that one misstep on an immigration application can delay their plans by years—or result in a permanent ban.

As a dual-licensed attorney in New York and Brazil, I have spent decades helping high-net-worth individuals and top-tier professionals successfully navigate the complex U.S. immigration system. Because I emigrated from Brazil to New York myself, I know exactly what is at stake.

If you are looking to fast-track your relocation to the United States, here are the strategic visa pathways you need to know about.

1. Expanding Your Business: The L-1 Intracompany Transferee Visa

If you already own a successful business in your home country—such as Brazil—and want to open a branch, subsidiary, or affiliate in New York, the L-1 visa is often the most effective route.

• Who it is for: Executives, managers, and employees with specialized knowledge.
• The Advantage: It allows you to legally work in the U.S. to build your new office. Furthermore, spouses of L-1 visa holders can obtain employment authorization, allowing them to work anywhere in the U.S.
• The Pathway to Permanent Residency: For executives and managers (L-1A), this visa provides a relatively seamless transition to an EB-1C Green Card once the U.S. branch is established and successful.

2. The Direct Green Card Route: The EB-5 Investor Program

For high-net-worth individuals who want a direct path to permanent U.S. residency without relying on a corporate sponsor, the EB-5 Immigrant Investor Program is the gold standard.

• Who it is for: Investors who can deploy a minimum of $800,000 (in Targeted Employment Areas) or $1,050,000 into a qualifying U.S. commercial enterprise.
• The Advantage: It grants a Green Card not just to the investor, but to their spouse and unmarried children under 21.
• The Requirement: The investment must create or preserve at least 10 full-time jobs for U.S. workers.

Insider Strategy — The E-2 Visa Nuance: The E-2 Treaty Investor Visa is another incredible tool that allows you to live in the U.S. by investing a substantial amount in a U.S. business. While Brazil does not have an E-2 treaty with the U.S., many of our clients legally access this visa by utilizing their dual citizenship (such as Italian, Spanish, or German passports).

3. For the Highly Skilled: The EB-2 NIW and O-1 Visas

Many successful professionals leave massive opportunities on the table because they incorrectly assume they don’t qualify for merit-based visas. If you are at the top of your field in tech, medicine, business, or the arts, these two options are powerful.

The EB-2 National Interest Waiver (NIW)

Normally, an EB-2 visa requires a U.S. employer to sponsor you and prove there are no qualified U.S. workers available (the PERM process). The National Interest Waiver bypasses this entirely.

• If your work has “substantial merit and national importance” to the United States, you can self-sponsor and secure a Green Card. We frequently successfully utilize this for engineers, researchers, and specialized tech founders.

The O-1 Visa for Extraordinary Ability

If you have sustained national or international acclaim—meaning you are in the small percentage who have risen to the very top of your field—the O-1 visa allows you to live and work in the U.S.

• Unlike the H-1B visa, there is no annual cap or lottery system for the O-1.

The Crucial Cross-Border Step Most Lawyers Miss

Securing the visa is only half the battle. When high-net-worth individuals move to New York, their global assets suddenly become subject to the IRS and U.S. tax laws.

As a firm practicing both New York and International Law, we do not just process your visa. We ensure that before you step foot in the United States, your international assets, Brazilian holdings, and corporate structures are legally protected and optimized for U.S. tax compliance.

Ready to Build Your Life in New York?

Stop relying on generic advice and start building a secure legal strategy.

📺 Watch the Full Breakdown: Check out my latest YouTube video, “How to Fast-Track Your Move to New York” on my channel @Lawschell, where I dive even deeper into these requirements. Click here: The Error Proof Pathway 2026 L 1 Visa Requirements for Tech Fo

If you are a professional or investor ready to make the move, my team is here to protect your interests across borders.

Schedule Your Confidential Strategy Session Today. Contact Us | New York Immigration Lawyer The Law Offices of Norka M. Schell, LLC

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration law is subject to frequent changes. Always consult with a qualified attorney regarding your specific situation.

If your child traveled from Brazil to the United States for a “temporary visit” and the other parent refuses to return them, you are not just facing a family disagreement—you are dealing with international child abduction. Here is what you need to know to get your child back.

Imagine this: You agree to let your child travel from Brazil to New York to visit family or take a short vacation. You have the round-trip tickets booked, and everything seems fine. But then, you get the call. Your ex has changed their mind, decided to stay in the United States, and is refusing to send your child home.

Panic sets in. You might think your first step is to file a custody petition in a local US family court. That is the biggest mistake you can make.

As a trilingual attorney licensed in both the United States and Brazil, I regularly see parents lose precious time fighting in the wrong courts. If your child has been wrongfully kept in the US, local family courts do not have the power to help you. Instead, you need a powerful federal strategy: The Hague Convention.

Here is exactly how this international law works and the strategy we use in Federal Court to compel the immediate return of abducted children.

What is the “Temporary Visit” Trap?

Most international child abductions do not happen in the dead of night. They start with legal travel—a B-2 tourist visa and a promise to return.

Under international law, keeping a child in a foreign country past the agreed-upon date without the other parent’s consent is called wrongful retention. Even if the other parent claims they are just “staying in New York for a better life,” the law treats this as child abduction. (Quote from Ronald kauffman).

What is the Hague Convention?

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty signed by both the United States and Brazil. Its primary rule is simple: Custody battles must be decided in the child’s home country. When we file a Hague Convention petition in US Federal Court, we are not asking the American judge to decide who is the “better parent.” We are asking the judge to rule on jurisdiction. If we can prove your child’s home is Brazil, the federal judge will order the child to be sent back on the next plane, leaving the actual custody fight to the Brazilian courts.

The 3-Step Strategy to Win in Federal Court

When I represent left-behind parents, we build an aggressive, fact-based case around three pillars:

1. Proving “Habitual Residence”

We must prove that before the trip, Brazil was the center of your child’s world. We do this by presenting translated Brazilian school records, pediatric medical files, and proof of their day-to-day routine, establishing Brazil as their exclusive legal “home state.”

2. Proving Lack of Consent

We must prove you never agreed to a permanent move. We will use the original round-trip flight itineraries, the conditions of the temporary US tourist visa, and any WhatsApp messages or emails where you demanded the child’s return.

3. Beating the Clock (The 1-Year Rule)

Time is your absolute worst enemy. Under the Hague Convention, if you wait more than one year from the date of the wrongful retention to file your federal petition, the abducting parent can argue that the child is now “well-settled” in the US. If the court agrees, they may refuse to send the child back. You must act immediately.

Why You Need a Dual-Licensed Attorney

International abduction cases are not standard family law. They require navigating complex treaties, federal court rules of evidence, and cross-cultural communication.

Because I am licensed to practice law in both the United States and Brazil—and speak English, Portuguese, and Spanish—my firm does not need to rely on outside translators or foreign co-counsel to understand the nuances of your Brazilian documents or the American legal system. We bridge the gap, ensuring your case is presented flawlessly to the federal judge.

Take Action Today

If your child has been wrongfully retained in the United States, do not wait for the local courts to figure it out. You need an aggressive federal strategy right now.

Contact our office today to schedule a confidential consultation. We will review your case, explain your rights under the Hague Convention, and build a strategy to bring your child home.

Hablamos Español. Falamos Português.

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Frequently Asked Questions: The Hague Convention & Cross-Border Abduction

1. Does it matter that my child entered the United States legally on a tourist visa?

No, it does not matter. Many parents mistakenly believe that because they agreed to a temporary visit and the child traveled on a valid visa (such as a B-2), it is not legally considered abduction. Under the Hague Convention, this is called wrongful retention. The abduction occurred the moment the other parent refused to return the child at the end of the agreed-upon visitation period.

Do I need a formal custody order from a Brazilian court before I can file a Hague petition in the US?

No, you do not need a pre-existing court order. The Hague Convention protects “rights of custody,” which can arise simply by operation of law in your home country. For example, under Brazilian law, biological parents generally share joint parental authority (poder familiar). As long as you were exercising those rights before the child traveled, you have the legal standing to file a petition in US Federal Court.

What if my ex files for custody in a New York state court before I can file my federal case?

This is a common, high-pressure tactic used by abducting parents. They attempt to use the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in state court to legitimize their actions. However, under the Hague Convention, once we file your federal petition, the state family court is legally required to pause all custody proceedings until the federal judge decides on the international abduction issue. We use the federal treaty to override their state court strategy.

My ex claims the child is better off in the US because the schools are better and it is safer. Will the US judge agree with them?

This is the most common defense used by abducting parents, and it is usually entirely irrelevant in a Hague Convention case. A Hague proceeding is not a custody trial. The federal judge is not permitted to decide which country has better schools or a higher standard of living. The only question the judge must answer is: Where was this child’s habitual residence before the trip? If the answer is Brazil, the child must be returned. (There is a very narrow exception for “grave risk of physical or psychological harm,” but a general preference for US living conditions does not qualify).

How long do I have to file my case?

You must act as quickly as possible. The Hague Convention contains a strict one-year rule. If you wait more than one year from the exact date your ex wrongfully retained the child, they can argue to the judge that the child is now “well-settled” in the United States. If the court agrees, they may deny the return of the child. Do not wait for local family courts to figure it out—the clock is ticking.

Why should I hire a dual-licensed attorney instead of a standard US family lawyer?

Standard US family lawyers usually do not litigate in Federal Court, nor are they familiar with international treaties. Furthermore, they will have to rely heavily on paid translators or foreign co-counsel to understand your Brazilian documents, legal rights, and communications. Because I am licensed in both the US and Brazil, and fluent in English, Portuguese, and Spanish, I cut out the middleman. We can build your case faster, present your evidence to the federal judge accurately, and avoid costly translation misunderstandings.

“Time is working against you. Click here to schedule an emergency consultation with our bilingual legal team today.”

Repensando o Acordo Pré-Nupcial: Uma Prova de Amor e Transparência

Ficar noivo é, sem dúvida, um dos momentos mais mágicos na vida de um casal. Entre a escolha do local perfeito, a degustação de bolos e a elaboração da lista de convidados, os meses que antecedem o casamento são repletos de planejamento e alegria. No entanto, em meio a tantas decisões empolgantes, há uma conversa crucial que muitos casais evitam até o último minuto: o Acordo Pré-Nupcial.

Por muito tempo, o acordo pré-nupcial carregou um estigma injusto. Muitos acreditam erroneamente que assinar esse documento significa “planejar o divórcio” ou duvidar do futuro do relacionamento. No escritório Law Offices of Norka M. Schell, LLC, acreditamos que é hora de mudar essa narrativa.

É hora de repensar o pré-nupcial não como uma barreira, mas como uma ferramenta de construção de confiança.

Quebrando o Tabu: Por que o Pré-Nupcial é um Ato de Amor?

Quando você se casa, não está apenas unindo duas vidas emocionalmente; está unindo duas realidades financeiras. Um acordo pré-nupcial é, em sua essência, um plano de negócios para a parceria mais importante da sua vida.

Aqui estão alguns motivos pelos quais você deve repensar a utilidade desse documento:

• Transparência Total: O processo exige que ambos os parceiros coloquem suas finanças, dívidas e expectativas na mesa. Isso elimina surpresas futuras e constrói uma base de honestidade.
• Proteção Mútua: O acordo não serve apenas para proteger o parceiro com mais bens. Ele pode ser elaborado para garantir que ambos sejam tratados de forma justa, independentemente do que aconteça no futuro.
• Menos Estresse Financeiro: O dinheiro é uma das maiores causas de atrito no casamento. Definir as regras financeiras desde o início permite que vocês foquem no que realmente importa: construir a vida a dois.

O Perigo do “Descompasso do Tempo”

Um dos maiores erros que vemos os casais cometerem é o que chamamos de “The Timeline Disconnect” (O Descompasso do Tempo). Eles passam meses planejando a festa, mas deixam o acordo pré-nupcial para semanas — ou até dias — antes do casamento.

Por que isso é perigoso? Deixar essa conversa para a última hora não apenas adiciona um estresse desnecessário às vésperas do seu grande dia, mas também ameaça a validade legal do próprio documento. Se um acordo for assinado sob a pressão de um casamento iminente, isso abre margem para contestações legais no futuro, como alegações de coerção ou falta de tempo para a divulgação financeira completa.

Como “Blindar” o seu Acordo e o seu Relacionamento

Para garantir que o seu acordo seja sólido, justo e legalmente vinculativo, é essencial seguir algumas práticas recomendadas:

1. Comece a conversa cedo: Aborde o assunto meses antes do casamento, para que ambos tenham tempo de refletir, discutir e negociar sem pressão.
2. Seja 100% honesto: A ocultação de bens ou dívidas é um dos principais motivos pelos quais os acordos são invalidados pelos tribunais.
3. Busque representação legal independente: Ambos os parceiros devem ter seu próprio advogado para revisar o documento, garantindo que os interesses de cada um sejam protegidos.

Dê o Próximo Passo com Segurança

Trazer à tona a ideia de um acordo pré-nupcial no início do seu relacionamento é uma das decisões mais inteligentes e amorosas que você pode tomar. Ao remover a incerteza financeira, vocês estarão livres para focar no amor e na vida que estão construindo juntos.

Precisa de ajuda para elaborar ou revisar o seu Acordo Pré-nupcial? > A equipe do Law Offices of Norka M. Schell, LLC está aqui para guiar você por esse processo com empatia, clareza e excelência jurídica.

Entre em contato conosco hoje mesmo para agendar uma consulta:

• 🌐 Site: [Link para a página de contato do site]
• 📞 Telefone: [Seu número de telefone]
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Planeje seu casamento com alegria e o seu futuro com segurança.

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Getting engaged is one of the most exciting milestones in a couple’s life. Between picking out venues, tasting cakes, and drafting guest lists, the months leading up to a wedding are filled with joyful planning. However, there is one crucial conversation that many couples avoid until the very last minute: the Prenuptial Agreement.

At the Law Offices of Norka M. Schell, LLC, we frequently see clients who wait until weeks—or even days—before their wedding to bring up the idea of a prenup. While we are always here to help, bringing up a prenuptial agreement early in your relationship is one of the smartest and most loving decisions you can make.

Here is why you should start the prenup conversation sooner rather than later.

1. It Removes the “Wedding Countdown” Pressure

Drafting a legally sound, fair, and comprehensive prenuptial agreement takes time. Both parties need to disclose their assets, consult with their respective attorneys, negotiate terms, and review the final document. If you start this process a month before the wedding, it adds immense stress to an already stressful time. Furthermore, from a legal standpoint, courts look for agreements signed voluntarily and with plenty of time for review. Last-minute prenups can sometimes be challenged later under the premise of “coercion” or “duress.” Starting early protects the legal integrity of your agreement.

2. It Removes the “Wedding Countdown” Pressure

Drafting a legally sound, fair, and comprehensive prenuptial agreement takes time. Both parties need to disclose their assets, consult with their respective attorneys, negotiate terms, and review the final document. If you start this process a month before the wedding, it adds immense stress to an already stressful time. Furthermore, from a legal standpoint, courts look for agreements signed voluntarily and with plenty of time for review. Last-minute prenups can sometimes be challenged later under the premise of “coercion” or “duress.” Starting early protects the legal integrity of your agreement.

3. It Builds a Foundation of Financial Honesty

Money is notoriously one of the leading causes of marital friction. Bringing up a prenup forces a couple to sit down and have a completely transparent conversation about their financial realities. You will discuss your assets, debts (such as student loans or credit cards), spending habits, and financial goals.

Having this financial intimacy before you walk down the aisle ensures that there are no surprises later. It transforms money from a taboo topic into a shared team strategy.

4. It Shifts the Narrative from “Divorce” to “Partnership”

Many people mistakenly believe that asking for a prenup means you are anticipating a divorce. In reality, a prenuptial agreement is simply a roadmap for how you will handle your finances as a married couple.

Every state has default laws that dictate how property is divided or how alimony is awarded if a marriage ends. When you create a prenuptial agreement, you are essentially opting out of the state’s default laws and choosing to write your own rules—rules that reflect your unique relationship, values, and mutual respect.

4. It Provides Peace of Mind for Both Partners

Prenups are no longer just for the ultra-wealthy. Today, millennials, entrepreneurs, and professionals are using prenuptial agreements to:

• Protect one spouse from assuming the other’s pre-marital debt.
• Safeguard a small business or intellectual property.
• Ensure children from a previous relationship are financially protected.
• Establish clear expectations regarding spousal support or career sacrifices (such as one partner paying for the other’s professional licensing).

When these expectations are clearly defined on paper, the “what-ifs” of the future are resolved. This allows you to enter your marriage with total peace of mind, focusing entirely on your love and commitment to one another.

How to Start the Conversation

Approach the topic with love, empathy, and framing it as a tool to protect both of you. Choose a quiet, low-stress time to talk—not in the middle of an argument or right after a stressful wedding planning session. Make it clear that this is about building a secure foundation for your future together.

Secure Your Future Together

A prenuptial agreement is an act of love, transparency, and mature planning. If you are considering a prenuptial agreement, you need experienced legal counsel to ensure the process is handled smoothly, fairly, and professionally.

At the Law Offices of Norka M. Schell, LLC, we are dedicated to helping couples navigate these important conversations and draft agreements that provide lasting security.

Ready to get started? Contact us today to schedule a consultation and learn how we can help you protect your future. Visit us at www.thelawschell.com to learn more about our family law services.

The H-1B visa has long been the gold standard for high-skilled professionals in the U.S. However, as of May 2026, the “standard” has shifted. With recent reporting from Forbes highlighting a wave of upcoming restrictions for 2026 and 2027, the margin for error has vanished.

Success in this new era requires a two-pronged strategy: you must not only prove you are a highly specialized professional, but you must also navigate a lottery system that now rewards higher salaries.

1. The “Weighted Lottery”: Why Your Salary Now Matters More Than Luck

The most significant shift this year is the end of the “pure luck” random lottery. As of February 27, 2026, USCIS has implemented a weighted selection system based on Department of Labor (DOL) wage levels.

In this new system, your odds are directly tied to the salary level offered for the role:

• Wage Level IV: 4 entries in the lottery (Highest odds)
• Wage Level III: 3 entries
• Wage Level II: 2 entries
• Wage Level I: 1 entry (Standard odds)

The Strategic Takeaway: Employers and candidates are no longer just fighting for a spot; they are competing on value. To maximize selection odds, it is vital to accurately classify job duties to support the highest defensible wage level.

2. Do You Meet the “Specialty Occupation” Bar?

Even if you win the lottery, your petition will fail if you cannot prove the role is a “Specialty Occupation.” USCIS defines this as a role requiring a U.S. Bachelor’s degree (or higher) in a specific specialty.

During our consultations, two critical questions often arise:

“Does my job title and degree qualify?”

It isn’t enough to simply have a degree; it must be the right degree. USCIS is increasingly skeptical of general degrees (like Business Administration) for technical roles. We must demonstrate a direct “surgical link” between your specific coursework and your daily professional responsibilities.

“Can my work experience substitute for a degree?”

If your degree is in a different field or you lack a four-year degree, you can use the “3-for-1 Rule”:

3 years of specialized work experience = 1 year of university training. We frequently assist candidates with significant professional experience in securing “Expert Evaluation Letters” that translate years of expertise into a recognized U.S. degree equivalent.

3. New Financial & Regulatory Hurdles

Beyond the lottery, the 2025 Presidential Proclamation has introduced a massive financial hurdle: a $100,000 supplemental fee for certain new H-1B petitions. While this primarily impacts those currently outside the U.S., it has fundamentally changed how companies budget for international talent.

Furthermore, with Stuart Anderson’s recent report in Forbes warning of new restrictions on student visas and fixed “Duration of Status” rules, the window to transition from a student visa (F-1) to an H-1B is becoming more complex and time-sensitive.

How to Prepare for the 2026-2027 Filing Seasons

Navigating the H-1B process today is high-stakes chess. To succeed, you need:

1. Precise Duty Mapping: To survive “Specialty Occupation” scrutiny.
2. Wage Optimization: To maximize your entries in the weighted lottery.
3. Proactive Timing: To beat up coming 2027 regulatory shifts.

Don’t Leave Your U.S. Future to a Lottery Algorithm

With H-1B regulations tightening and the shift toward a weighted, wage-based selection system, the “wait and see” approach is no longer a viable legal strategy. Whether you are navigating the 3-for-1 experience rule or trying to bypass the new $100,000 supplemental fee through a Change of Status, expert timing is your greatest asset.

Our firm specializes in high-stakes H-1B petitions and Naturalization pathways. We don’t just file forms; we build comprehensive legal arguments that stand up to 2026 USCIS scrutiny.

Take the Next Step:

• Case Evaluation: Speak directly with an immigration attorney to map your “Specialty Occupation” duties.
• Wage Analysis: Determine your optimal wage level to increase your lottery entries.
• Naturalization Roadmap: Ensure your H-1B history sets a clean path for future citizenship.

Call our office at (212) 258-0713 to speak with our team.

In high-conflict divorce cases involving business owners, the financial narrative presented on paper is often a carefully curated illusion. A spouse may claim limited income or plead an inability to pay support, providing financial disclosures that appear—at first glance—to be entirely legitimate.

Yet, behind the scenes, that same individual often continues to fund a lifestyle that tells a very different story.

If you are a business owner or married to one, you understand that income is not always “earned” in the traditional sense; it is often structured within the business itself. Uncovering the reality requires more than just a standard attorney; it requires a strategist who understands the intersection of corporate structure, forensic accounting, and matrimonial law.

At the Manhattan Law Offices of Norka M. Schell, LLC, we specialize in navigating these complex financial webs, whether your case involves assets in New York, Brazil, or across borders.

The Illusion of Income: How Control Shapes the Numbers

Unlike a salaried employee, a business owner operates with a level of control that fundamentally changes how income is perceived by the Courts.

A business owner can:

• Defer compensation or retain earnings within the company to minimize personal cash flow.
• Characterize personal expenditures as legitimate business deductions (e.g., travel, housing, or vehicle expenses).
• Time income and expenses to create an artificial “low-profit” year specially during the divorce process.

The Risk: If your attorney accepts these tax returns at face value, you are likely leaving significant spousal or child support—and your fair share of marital assets—on the table.

Our Approach: Following the Money Across Borders

As an attorney practicing in both New York and Brazil, I am uniquely positioned to handle cases where finances are obscured by international structures or complex corporate entities.

My approach focuses on reconstruction, not just review. We do not wait for the other side to volunteer the truth. We utilize:

• Forensic Lifestyle Analysis: We compare the reported income against actual spending patterns to identify discrepancies.
• Expense Reclassification: We aggressively argue to “add back” personal expenses hidden as business costs to ensure support is calculated on your spouse’s true earning capacity.
• Cross-Border Discovery: We navigate the nuances of both NY and Brazilian law to ensure that hidden assets or offshore entities are brought to light.

Why Experience Matters in High-Conflict Cases

In family law, money rarely disappears; it moves. The party who understands the true financial picture controls the narrative and the settlement leverage.

When financial reality is exposed, support calculations increase, and the strategic balance of the case shifts in your favor. Conversely, if you are a business owner seeking to protect your company from aggressive, unfounded claims, you need a defense that understands the legitimate necessity of retained earnings and corporate reinvestment.

Protect Your Future

You deserve a legal strategy that is as sophisticated as the financial issues you are facing. Do not leave your financial future to chance or to attorneys who lack experience in complex business valuation and discovery.

Are you facing a complex divorce involving business assets in NY or Brazil? Schedule a Confidential Consultation today. Call (212)258-0713.

Disclaimer: This article provides general information and does not constitute legal advice. Every case is unique. Contact [Your Firm Name] to discuss the specifics of your situation.

The Digital Wall: An Introduction

For years, the promise of a modernized U.S. immigration system was sold through the “clean aesthetic” of digital-first platforms—sleek interfaces designed to humanize a monolithic bureaucracy. By mid-2026, however, that digital door has been replaced by a “Digital Wall.” For thousands of asylum seekers, the first point of contact with the American dream is no longer a statue in a harbor, but a stark “Access Denied” screen.

The friction is deliberate. Key administrative tools that once provided a lifeline are now frequently unreachable. Whether navigating the virtual assistant “Emma,” accessing a USCIS Online Account, or consulting the agency’s Policy Manual, users are met with a digital blackout and cryptic reference codes. This technological gatekeeping is the front line of a systemic transformation triggered by the One Big Beautiful Bill Act (H.R.1). Passed in July 2025, H.R.1 has turned the asylum process into a high-stakes obstacle course where safety is no longer just a legal standard—it is a subscription service.

1. The “Subscription Model”: The Annual Asylum Fee

Under 8 U.S.C. 1808, the U.S. has introduced a counter-intuitive requirement that treats legal protection as a recurring service. The Annual Asylum Fee (AAF) mandates that every applicant pay a minimum $100 fee for every calendar year their application remains pending.

Historically, asylum was a one-time filing process; today, it is an ongoing financial obligation to “keep the clock running.” The government’s intent, codified in the Federal Register, is clear:

“Congress intended H.R.1 to ensure that aliens… bear more of the costs of administering the immigration system, shifting the financial burden from taxpayers to the aliens themselves.”

The Cost of Pendency:

2. High-Stakes Non-Payment: The Administrative “Kill Switch”

Failure to remit the AAF within the strict 30-day notice period functions as an automated “kill switch” for the underlying legal claim.

The Lifecycle of an Administrative Termination:

• Non-Payment: Deadline passes without fee receipt.
• Automatic Rejection: Form I-589 is terminated.
• Clock Stoppage: Asylum clock for work authorization ceases immediately.
• EAD Voiding: Existing Employment Authorization Documents are instantly invalidated.
• Enforcement: For those lacking other lawful status, an NTA (Notice to Appear) is triggered.

This policy ensures that the “right” to seek asylum is strictly contingent on the continuous ability to pay for its administration.

3. The Incredible Shrinking Work Permit

The 2026 landscape has effectively dismantled the era of long-term work authorization. H.R.1 has slashed validity periods, creating a “renewal trap” that forces more frequent filings and increases the risk of gaps in legal employment. Crucially, the removal of “Automatic Extensions” means that once a permit expires, the right to work vanishes until the new application is fully adjudicated.

4. Operation PARRIS and the New Panopticon

Following the partial lift of the asylum freeze in March 2026, the government introduced Operation PARRIS—a “Strengthened Screening and Vetting” regime. USCIS now operates under the assumption that past vetting was “wholly inadequate.”

The new investigative standard includes:

• Deep-Dive Audits: Surveillance of social media history and private financial records.
• Community Interviews: On-the-ground “merit reviews” involving questioning of neighbors and peers.
• Database Integration: Mandatory, real-time vetting through the USCIS Vetting Center and the Department of State’s Consular Consolidated Database.

This approach signifies that a “granted” case is no longer final; even past approvals are subject to retroactive scrutiny.

5. The Frozen 39: Selective Justice

Despite the system’s “reopening,” it remains a total blackout for tens of thousands based on their nationality. Under Presidential Proclamations 10949 and 10998, a “Partial Lift” was enacted, but it explicitly excludes 39 countries designated as “high-risk”—including Afghanistan, Syria, Somalia, Yemen, and Libya.

Applicants from these nations exist in a state of permanent legal limbo: they are required to pay their AAF to maintain their claims, yet they are barred from having those claims heard. It is a system of selective justice where the “Access Denied” screen has become a permanent feature of their legal existence.

Conclusion: A Pay-to-Play Future

The updates of 2026 have fundamentally transformed asylum from a humanitarian protection into a high-cost, high-scrutiny administrative hurdle. By implementing H.R.1, the government has signaled that it views the pursuit of safety with deep skepticism.

When the price of seeking safety includes annual fees, invasive social media audits, and the constant threat of an automated “kill switch,” we must ask: Has the right to asylum become a luxury rather than a legal standard?

As we pass the first-year mark of the second Trump administration, the legal terrain for noncitizens, employers, and families has undergone a profound transformation. For legal practitioners and those navigating the system, the central lesson of 2025 and early 2026 is clear: immigration law is no longer a discrete procedural silo—it is now a complex, data-driven compliance environment integrated into every facet of American life.

At the Manhattan Law Offices of Norka M. Schell, LLC, we are committed to providing our clients with the authoritative guidance needed to manage the risks and uncertainties of this “Trump 2.0” Trump 2.0 Immigration Policy Updates. Trump v. Barbara | Oyez

The Shift from Legislation to Executive Assertiveness

What has defined the past year is not a change in statutory law, but the expansive use of executive authority and administrative discretion. Policies are being reshaped in real-time through executive orders, agency memoranda, and shifts in enforcement priorities.

Birthright Citizenship Challenges: On January 20, 2025, Executive Order 14160 sought to end birthright citizenship for children of undocumented parents or those on temporary visas. While currently embroiled in litigation and subject to preliminary injunctions, it signals a major shift in the administration’s challenge to long-standing precedent.

Expansion of Section 212(f): The administration has frequently invoked the President’s broad authority to restrict the entry of noncitizens deemed detrimental to U.S. interests.

Data-Driven Enforcement: The “Digital Border”

Enforcement has moved well beyond the border and into the interior of the country. Immigration and Customs Enforcement (ICE) has expanded its reach into workplaces, courthouses, and routine administrative encounters.

Integrated Compliance: Federal agencies (DHS, IRS, SSA, and State Dept.) are now utilizing interconnected databases to cross-check information. Discrepancies between payroll records submitted to tax authorities and information in immigration filings can now trigger audits and penalties without the need for a physical site visit.

Approval Does Not Equal Security: A critical takeaway from the past year is that the approval of an immigration petition does not confer immunity from enforcement. Continuous vetting means that status is subjected to ongoing scrutiny.

Employment and Business: Heightened Scrutiny

For my corporate clients and investors, the “routine” has become a complex risk-management exercise.

• H-1B and L-1 Trends: While existing legal standards remain, we are seeing sustained scrutiny regarding job duties and wage levels. Notably, as of February 27, 2026, the random H-1B lottery has been replaced by a weighted salary system that favors applicants with higher prevailing wages.

• EB-5 and E-2 Investors: Adjudications for investor visas now place much greater emphasis on the “lawful source” and “path of funds,” often requiring multi-year tax filings and banking histories.

Fragility in Humanitarian Programs

Humanitarian relief remains one of the most legally volatile areas. The termination of Temporary Protected Status (TPS) for various communities and the cessation of certain humanitarian parole programs have left over a million individuals facing a “suddenly uncertain legal landscape”.

Moving Forward:

In this environment, “wait and see” is rarely a viable strategy. Effective legal protection now requires:

1. Early Planning: Identifying immigration implications in corporate transactions, family settlements, or employment changes before they arise.
2. Meticulous Documentation: Ensuring total consistency across all records—tax, employment, and immigration.
3. Proactive Monitoring: Staying abreast of litigation that may pause or redirect executive actions on short notice.

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At the Manhattan Law Offices of Norka M. Schell, LLC, we combine decades of expertise with a sharp focus on these real-time developments to protect your interests.

Contact us today at the Manhattan Office at 212-258-0713/ norka@lawschell.com or visit httsp://www.thelawschell.com to schedule a consultation.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the publication of this information. Immigration law is highly fact-specific and subject to rapid change; always consult with a qualified attorney regarding your specific case.

1. How do I modify a New York Divorce Decree?

To successfully pursue a New York divorce modification, the moving party must demonstrate a substantial change in circumstances. This legal standard applies to merged agreements and typically involves significant shifts in income, loss of employment, or a drastic change in a child’s needs.

2. What is the difference between a “merged” and a “surviving” agreement?

The distinction between these two determines how easily your divorce terms can be changed in the future:

• Merged Agreements: These are fused directly into the final divorce judgment. They cease to exist as independent contracts and become court orders. Consequently, they are easier to modify if a party can show a substantial change in circumstances.
• Surviving Agreements: These exist as independent legal contracts even after the divorce is final. Because they are private contracts, New York courts are very reluctant to change them. They are only modified under exceptional circumstances.

3. Can I change my New York divorce decree after it is finalized?

Yes, but the requirements are strict. To modify a court decree, you typically must demonstrate a substantial change in circumstances. Common examples include:

• A significant shift in income (loss of a job or a major promotion).
• Changes in a child’s specific needs or healthcare requirements.
• Relocation or changes in custody arrangements.

4. On what grounds can a New York court “set aside” a settlement?

New York courts generally favor marital agreements and will not throw them out easily. However, an agreement may be set aside if it is proven to be the result of:

• Fraud: One party intentionally misrepresented facts (like hiding assets).
• Duress or Coercion: One party was forced or pressured into signing.
• Overreaching: One party took unfair advantage of the other (e.g., one party’s lawyer was chosen and paid for by the other spouse).
• Unconscionability: The terms are so one-sided or unfair that no reasonable person would agree to them.

5. Do I have to go to the New York Supreme Court to settle my divorce?

No. Many couples utilize mediation as a flexible alternative to litigation. Mediation allows you to:

• Create custom terms for spousal maintenance that deviate from standard state formulas.
• Maintain privacy and foster a less contentious environment.
• Ensure that settlements are fair and reasonable through transparent financial disclosure.

6. Are oral agreements made in court legally binding?

This is a complex area of New York law. There is an ongoing legal conflict regarding whether oral stipulations made in open court are enforceable without the formal written documentation and acknowledgments usually required by the Domestic Relations Law. To ensure your agreement is airtight, it is always safest to have it properly documented and signed.

Financial Transparency & Enforcement

7. What is a “Statement of Net Worth,” and why is it required?

In New York, a Statement of Net Worth is a mandatory, sworn document that provides a comprehensive overview of your financial life. It includes:

• Income: W-2s, 1099s, and investment returns.
• Assets: Bank accounts, real estate, retirement funds, and even business interests.
• Expenses: Monthly costs for housing, food, and healthcare.
• Liabilities: Mortgages, loans, and credit card debt.

Why it matters: Without “financial transparency,” a settlement can be challenged as unfair. If a spouse hides assets, the court may later set aside the agreement on the grounds of fraud.

8. Are oral agreements made “on the record” in court binding?

This is currently a gray area in New York law. While judges often encourage parties to settle “on the record” (speaking their agreement in open court), the Domestic Relations Law typically requires marital agreements to be in writing, signed, and acknowledged (notarized).

• The Conflict: Some courts argue that if you say it in front of a judge, it’s a binding “stipulation.”
• The Risk: Others argue that without the formal “written and acknowledged” steps, the agreement isn’t legally binding. To be safe, always ensure your oral agreement is immediately followed by a formal written document.

9. Can New York child support be modified even if we have a “Surviving Agreement”?

Generally, yes. A New York child support can be modified even if you have a “surviving agreement”. While spousal maintenance in a surviving agreement is very difficult to change, New York law treats child support differently because the “best interests of the child” take priority over a private contract. You can usually seek a modification if:

• Three years have passed since the last order.
• There has been an involuntary change in either parent’s gross income of 15% or more.
• There is a substantial change in circumstances (e.g., a child developing special medical needs).

The Role of Mediation & Custom Terms

10. How does mediation help with spousal maintenance?

New York has a standard mathematical formula for calculating spousal maintenance. However, many couples find this formula doesn’t fit their unique lifestyle.

• Flexibility: Through mediation, couples can negotiate “custom” terms that deviate from the state formula.
• Control: You can decide on a different duration or amount that feels “fair and reasonable” to both of you, rather than letting a judge decide based on a rigid template.

11. What happens if my spouse changes the agreement after I’ve signed it?

As seen in recent New York case law, if one party makes significant changes to an agreement after the other party has already signed, the court may find grounds to set aside the agreement. This is considered a form of “overreaching” or “fraud.” Always review the final version of any document with your own attorney before it is submitted to the court.

12. I lost my job; do I still have to pay support while my modification is pending?

Yes. In New York, you must continue to pay the amount specified in your current decree until the court officially signs a new order.

• Crucial Step: File your motion for a “downward modification” as soon as your circumstances change. The court cannot retroactively cancel debt (arrears) that built up before you filed your motion.

Navigating divorce and the modification of marital agreements in New York requires more than just legal knowledge—it requires a localized strategy. At the Law Offices of Norka M. Schell, LLC, we provide trilingual legal support (English, Portuguese, and Spanish) to clients throughout Manhattan, Brooklyn, Queens, Nassau, and the Bronx, as well as Westchester County.

Whether you are dealing with complex asset division or need to set aside an unfair agreement, our Financial District office is here to help. Contact us today at 212-258-0713 or visit us at 11 Broadway to schedule your consultation with an experienced New York divorce attorney.

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As we move through 2026, wealth managers are increasingly advocating for Domestic Asset Protection Trusts (DAPTs) as a more “romantic” and streamlined alternative.

Why DAPTs are Gaining Ground

• Unilateral Setup: Unlike a prenup, a DAPT can be created and funded by one fiancé without requiring the other’s signature.
• Privacy: It removes the need for awkward full financial disclosures during the engagement.
• Asset Insulation: It allows individuals to shield assets quietly and effectively.

Protecting Generational Wealth

For families focused on legacy, third-party discretionary spendthrift trusts remain the gold standard. By granting a trustee absolute discretion over distributions:

1. The beneficiary holds a “mere expectancy” rather than a guaranteed right to funds.
2. Family assets remain outside the marital estate.
3. Assets are kept safe from a divorcing spouse’s claims.

The “Gray Marriage” Exception: In later-life unions, protecting adult children’s inheritance is paramount. In these cases, Qualified Terminable Interest Property (QTIP) trusts are essential—they provide for a new spouse during their lifetime while ensuring the principal eventually passes to children from prior relationships.

Equitable Distribution in New York: Fair, Not Equal

New York operates under equitable distribution laws. This does not mandate a 50/50 split; rather, assets are divided based on “fairness.”

How Courts Calculate “Fair”

Judges analyze several statutory factors to determine the split:

• Duration of the marriage.
• Age and health of both parties.
• Direct and indirect contributions (e.g., a spouse leaving the workforce to raise children).

Valuing the Estate

Uncovering the true value of a marital estate often requires forensic accountants to identify unreported cash or value closely held businesses and professional degrees. To manage costs on less contentious items, spouses can utilize joint experts or opinion letters from specialized trade appraisers to establish value without astronomical legal fees.

The Digital Frontier: New York Divorces in 2026

The technological landscape has fundamentally shifted the focus of discovery to digital footprints. In 2026, evidence is found in cryptocurrency wallets, smart home data, and smartwatch GPS histories.

⚠️ Critical Legal Warning: United States v. Heppner (2026)

A landmark ruling this year established that using free, public AI tools for legal strategy waives attorney-client privilege. If you use a public AI chatbot to vent or strategize about your divorce, that record is discoverable and can be subpoenaed by opposing counsel.

Furthermore, digital surveillance—such as unauthorized GPS tracking—is now classified as stalking and domestic violence. New York courts weigh these actions heavily when determining distribution, maintenance, and custody.

Maintenance, Support, and the “Gray Divorce”

New York utilizes strict statutory formulas and income caps, updated every two years.

For income exceeding these caps, judges exercise broad discretion based on the pre-divorce standard of living.

The Complexity of “Gray Divorces”

For couples over age 50, the stakes change:

• Duration of Support: Marriages over 20 years can result in maintenance lasting 30% to 40% of the marriage’s length, often extending past retirement age.
• Asset Untangling: These cases require complex evaluation of Social Security benefits and the division of hidden tax loss carry-forwards.

International Dynamics: When Wealth Crosses Borders

High-net-worth families with global ties face unique jurisdictional hurdles.

• Equitable Offsetting: Since New York courts cannot directly divide foreign real estate, they may award a spouse a larger share of domestic assets to balance the value of overseas holdings.
• The Hague Convention: In international custody disputes, the 1980 Hague Convention dictates that a child must be returned to their country of “habitual residence.” This prevents parents from “forum shopping” for more favorable rulings in different countries.

Navigating the complexities of a high-net-worth divorce in New York requires more than just a standard legal strategy; it demands a forward-thinking approach to asset protection and digital privacy. Whether you are considering a DAPT to safeguard your legacy or untangling the international interests of a long-term marriage, the decisions you make today will define your financial autonomy for decades to come. In this rapidly evolving landscape—where even a casual conversation with an AI can impact your case—securing sophisticated, discreet counsel is your most valuable asset. Protect your future by staying informed and choosing the right tools to shield your wealth and your peace of mind.

Secure Your Legacy Today

The intersection of high-net-worth asset protection and evolving New York law is increasingly complex. Don’t leave your financial future or family legacy to chance in an era of digital discovery and shifting legal precedents.

Whether you are preparing for a new marriage or navigating the complexities of a “gray divorce,” our team provides the sophisticated, discreet strategy you need to protect what you’ve built.

Schedule a confidential consultation with our experts to fortify your wealth and plan your next steps.

Call the Law Offices of Norka M. Schell LLC at 212-258-0713 or email us at norka@lawschell.com

Attorney Norka M. Schell, founding attorney of the Law Offices of Norka M. Schell, LLC, specializes in guiding men through this high-tech legal environment. With over 30 years of experience, Attorney Schell combines traditional legal mastery with a sharp focus on modern digital discovery to protect her clients’ parental rights and financial legacies.

Digital Evidence: Your Smartphone is the Primary Witness

In Manhattan’s courts, your digital life is an open book. Under current New York evidentiary standards, almost everything on your devices is discoverable.

“Many men mistakenly believe that privacy settings or ‘disappearing’ messages offer protection,” says Norka M. Schell. “In reality, forensic technology has made it easier than ever to recover deleted data. In a custody dispute, a single impulsive text sent at 2:00 AM can be more influential than ten character witnesses.”

Key Tech Precautions for Men:

• Assume Permanence: Write every text and email as if a judge will eventually read it aloud.
• Social Media Blackout: Posts showing extravagant spending or late-night outings can be used to challenge your financial claims or your fitness as a parent.
• Avoid Surveillance: Never hack into a spouse’s accounts. Evidence obtained illegally is not only inadmissible but can lead to criminal charges.

The New Frontier of Marital Assets: Crypto and NFTs

As of late 2025, New York updated its financial disclosure forms to explicitly require the listing of digital assets. A house and a 401(k) are no longer the only assets on the table.

Attorney Schell emphasizes that equitable distribution (DRL Section 236(B)) now applies to:

• Cryptocurrency: Bitcoin, Ethereum, and altcoins stored in digital wallets or exchanges.
• NFTs: Digital art or tokens with market value.
• NFTs: Digital art or tokens with market value.
• Digital Income: Revenue from blockchain-linked ventures or token-based compensation.

“If you suspect your spouse is hiding assets in a digital wallet, we utilize forensic accountants to trace the blockchain trail,” says Schell. “Conversely, if you hold these assets, transparency is your best defense against accusations of fraud.”

AI and Efficiency in the 2026 Legal Process

The Law Offices of Norka M. Schell, LLC leverages modern tools to streamline the divorce process, which can often be slow and costly.

• AI-Powered Document Analysis: We use intelligent software to scan years of financial records, identifying inconsistencies or hidden patterns in minutes.
• Virtual Mediation: Whenever possible, we utilize secure platforms to resolve disputes remotely, saving our clients time and reducing the emotional friction of in-person confrontations.

Custody in the Age of Constant Connectivity

The “best interests of the child” standard (DRL Section 240) now includes how parents handle technology. New York courts look unfavorably on “digital parental alienation”—using tracking apps to monitor a child’s time with the other parent or engaging in hostile social media campaigns.

Strategic Advice: Use specialized co-parenting apps (like OurFamilyWizard) for all communications. This creates a transparent, time-stamped record that demonstrates your commitment to healthy, conflict-free parenting.

About the Law Offices of Norka M. Schell, LLC

Located in the heart of Manhattan, the Law Offices of Norka M. Schell, LLC provides sophisticated representation for men facing complex divorces. Attorney Norka M. Schell’s “dual-lens” approach—balancing aggressive asset protection with a nuanced understanding of modern technology—ensures that her clients emerge from the process with their rights and futures intact.

Connect with Us:

• Phone: (212) 258-0713
• Website: thelawschell.com
• Areas of Focus: High-Net-Worth Divorce, International Assets, and Digital Discovery.

Note: Navigating a divorce in today’s technological world requires more than a lawyer; it requires a strategist who understands the intersection of law and technology.

As a global mobility strategist, I have seen even the most seasoned executives tripped up by the “hidden” logic of the Foreign Affairs Manual (FAM). To leverage the TN status effectively, one must look past the job title and understand the underlying regulatory framework that governs this unique classification.

1. The Degree Trap: Why 20 Years of Experience Might Not Count

In many U.S. immigration categories, a distinguished career can often serve as a proxy for formal education. Under the TN classification, this paradigm shifts entirely. According to 9 FAM 402.17-4(A), the TN is a “stand-alone” category, independent of the rules governing H-1B status. For the vast majority of the 60+ professions listed in the USMCA, a baccalaureate degree is a mandatory, non-negotiable entry-level requirement.

If the regulations specify a degree, twenty years of veteran experience cannot be substituted for that credential. Furthermore, the “title” on your offer letter is secondary to the actual duties performed. Adjudicating officers are trained to look past the label to ensure the role doesn’t align with a non-TN profession. For example, a “Computer System Analyst” whose duties are found to be primarily data entry or computer programming will face an immediate denial (9 FAM 402.17-6(c)(2)(b)).

“The profession of economist must not primarily include the activity of other occupations, such as, but not limited to, those performed by financial analysts, market research analysts, and marketing specialists… the focus should be on the nature of the duties of the occupation itself, rather than job title used.” (9 FAM 402.17-4(A)(c))

2. The “No Boss” Rule: The Hidden Barrier to Self-Employment

The TN visa offers exceptional professional mobility, but it demands a specific sacrifice: entrepreneurial autonomy. Under 9 FAM 402.17-5(A)(3), the TN classification is strictly prohibited for those who wish to establish a business or practice where they are the “sole or controlling shareholder or owner.”

The status is reserved for individuals engaging in prearranged business activities for a bona fide U.S. or foreign employer. If your strategic goal is to establish a startup or maintain a controlling interest in the entity where you work, the TN is not your vehicle. In these instances, regulatory frameworks suggest pursuing the Treaty Trader (E-1) or Investor (E-2) classifications, which are designed to support self-employment and investment.

3. Procedural Friction and the Administrative Advantage

While the TN offers a faster track than the H-1B, it is not a monolith; the experience varies significantly based on your citizenship. Under 9 FAM 402.17-6, a distinct “administrative friction” exists for Mexican citizens, who are mandated to apply for and be issued a physical visa. Conversely, Canadian citizens can often forgo the visa application entirely, seeking adjudication directly at a Port of Entry (POE).

Despite these procedural differences, the TN provides two strategic advantages that lower the barrier for U.S. employers:

• No Prevailing Wage Requirement: Unlike the H-1B, there is no statutory “prevailing wage” mandate (9 FAM 402.17-6(c)). While the remuneration arrangements must reflect professional-level work, the absence of this requirement removes a massive layer of administrative burden.
• The J-1 Waiver Exemption: Many former exchange visitors are barred from H or L status by the “two-year home residency” requirement. However, 9 FAM 402.17-11 explicitly exempts TN applicants from this restriction, making it a vital “bridge” for talent already integrated into the U.S. ecosystem.

4. Telework and the “Primary Purpose of Travel” Test

Regulatory frameworks often lag behind the decentralized nature of the digital economy. While telework is permitted under 9 FAM 402.17-5(A)(6), it is subject to a strict “legitimate business need” test. Telework cannot be authorized solely for the “convenience of the employee.”

The strategist must consider the “Primary Purpose of Travel” test (9 FAM 402.17-5(A)(5)). If a professional intends to reside in the U.S. but works primarily for a foreign entity, or if their U.S. employment is merely “incidental” to their desire to reside in the country, they may fail the test for TN status. The visa requires a tangible connection to a U.S. business entity that justifies your presence on American soil.

5. The Licensure Paradox and the Nurse Exception

A common misconception among professionals is that they must hold a U.S. state license before applying for a visa. The FAM clarifies that licensure is generally a “post-entry” requirement. However, an important “expert” nuance exists for healthcare professionals. While general licensure can wait, 9 FAM 402.17-4(B)(c) mandates that Nurses must possess specific credentialing (such as CGFNS certification) in addition to their degree before they can qualify for the visa.

“Requirements for admission or classification as a USMCA professional do not include licensure in the United States. Licensure to practice a given profession in the United States is a post-entry requirement… admission/classification must not be denied based solely on the fact that the applicant does not already hold a license to practice in the United States.” (9 FAM 402.17-4(B))

Conclusion: The “Temporary” Perpetual Status

The TN is defined by its “non-immigrant intent,” requiring applicants to demonstrate that their stay has a “reasonable, finite end” (9 FAM 402.17-7). However, here lies the paradox: unlike the H-1B or L-1, which have hard statutory limitations on stay, the TN has no limit on the number of times it can be renewed.

So long as the professional maintains a residence abroad and can demonstrate that their current assignment is not a disguise for permanent residence, the TN can be a long-term solution for North American mobility. In an era where the lines between local and global talent are blurring, the TN remains the most agile tool for professionals—provided they respect the “hidden” rules of the road.

Watch our video here.

By: Norka M. Schell, Esq.

The Future of Birthright Citizenship in America

Navigating the 14th Amendment, Executive Order 14160, and the Supreme Court’s Upcoming Decision

Birthright citizenship is a bedrock principle of the American legal system, but it is currently facing an unprecedented constitutional challenge. With the Supreme Court preparing to hear oral arguments in April 2026 regarding Executive Order 14160, the definition of who qualifies as a United States citizen at birth is under intense scrutiny.

To help break down this complex legal battle, watch this comprehensive analysis from our NYC Immigration Law channel. We dive into the statutory history, the “Foundling Provision,” and what this historic clash means for the future of immigration law.

YouTube Video Click here https://youtu.be/w6SO5SEqcNk?si=k5Pj1N75QIv3UYay

The Core Legal Conflict: Jus Soli vs. Executive Action

Executive Order 14160, signed in January 2025, attempts to deny U.S. citizenship to children born on American soil to undocumented immigrants or parents holding temporary visas. This directive directly challenges long-standing interpretations of the 14th Amendment, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.”

The administration argues that birthright citizenship requires parents to have a legal domicile and recognized status in the U.S. However, a century of legal precedent—alongside the explicit text of the 1952 Immigration and Nationality Act (Title 8, U.S.C. § 1401(a))—tells a different story. The statute deliberately omits any mention of parentage or domicile, relying instead on Jus Soli, the law of the soil.

Why the “Foundling Provision” Matters

One of the strongest arguments against the executive order is the “Foundling Provision” found within the 1952 Act. This provision automatically presumes that a child of unknown parentage found in the U.S. is a citizen. If citizenship strictly required legal parental status, a foundling could never be a citizen, as their parentage is a blank slate. This demonstrates a clear legislative intent that birthplace, not bloodline, is the determining factor.

The Core Legal Conflict: Jus Soli vs. Executive Action

Executive Order 14160, signed in January 2025, attempts to deny U.S. citizenship to children born on American soil to undocumented immigrants or parents holding temporary visas. This directive directly challenges long-standing interpretations of the 14th Amendment, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.”

The administration argues that birthright citizenship requires parents to have a legal domicile and recognized status in the U.S. However, a century of legal precedent—alongside the explicit text of the 1952 Immigration and Nationality Act (Title 8, U.S.C. § 1401(a))—tells a different story. The statute deliberately omits any mention of parentage or domicile, relying instead on Jus Soli, the law of the soil.

Why the “Foundling Provision” Matters

One of the strongest arguments against the executive order is the “Foundling Provision” found within the 1952 Act. This provision automatically presumes that a child of unknown parentage found in the U.S. is a citizen. If citizenship strictly required legal parental status, a foundling could never be a citizen, as their parentage is a blank slate. This demonstrates a clear legislative intent that birthplace, not bloodline, is the determining factor.

What This Means for You

As the Supreme Court prepares to issue a definitive ruling, the implications for immigrant families are profound. The Law Offices of Norka M. Schell, LLC is closely monitoring these developments to provide accurate, up-to-date counsel in a rapidly shifting legal environment.

Practicing since 2000, we understand the anxieties and complexities these sweeping policy changes bring to our community. If you have questions about your family’s citizenship status, visa options, or how this upcoming decision may impact your loved ones, our team is here to help.

Contact the Law Offices of Norka M. Schell, LLC today to schedule a consultation.

• New York Office: 11 Broadway, Suite 615, New York, NY 10004
• Tel. (212) 258-0713
• Languages: Proudly serving clients in English, Portuguese, and Spanish.

While technology makes parts of the process faster, a recent landmark court ruling in New York (United States v. Heppner) has changed the rules on privacy. Here is what the digital age means for the legal profession and, more importantly, for you.

1. The Legal Profession: From Advocates to Data Guardian

For divorce attorneys, the job has moved far beyond the courtroom. We are now digital investigators and protectors of your private information.

• The “Privilege Bubble”: Thanks to the Heppner decision, we now know that using free, public AI tools to plan a case can actually destroy your legal privacy. Attorneys must now act as gatekeepers, ensuring that any technology used in your case is a secure, “Enterprise-grade” system that doesn’t share your data with the world.
• The End of Paper Trails: In 2026, the most critical evidence isn’t in a filing cabinet. It’s in the metadata of a photo or a hidden digital wallet. Lawyers must now be as tech-savvy as they are law-savvy to ensure an equitable distribution of modern assets like Bitcoin or NFTs.
• AI as an Assistant, Not a Judge: While we use AI to find hidden spending patterns quickly, the “human element” is more vital than ever. An algorithm can’t understand the nuances of your family’s needs—only an experienced attorney can.

2. What it Means for Clients: The Privacy Trap

For clients, the digital age is a double-edged sword. It offers convenience, but it also creates a permanent record that can be used against you.

• Public AI is Not a Confessional: Many people use free AI chatbots to “vent” or organize their thoughts before meeting a lawyer. Warning: The court has ruled that these conversations are not privileged. If you type your divorce strategy into a free AI, your spouse’s lawyer may be able to subpoena that information.
• The “Permanent Record” is Real: From Alexa recordings to GPS history on your smartwatch, your digital footprint is discoverable. In 2026, there is no “he said, she said”—there is only what the data shows.
• The Danger of “Self-Help”: Trying to save money by using AI to draft your own legal documents can backfire. Without “Attorney Direction,” these documents aren’t protected by the Work Product Doctrine, meaning they are open for the other side to see.

Conclusion: Protecting Your Future in a Binary World

The tools we use to get a divorce have changed, but the goal remains the same: protecting your rights and your future. In this digital landscape, the most valuable asset you have is an attorney who knows how to shield your private life from the prying eyes of technology.

Legal Disclaimer & Privacy Warning

Not Legal Advice: This article is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Privacy Alert: Per United States v. Heppner (S.D.N.Y. 2026), using free AI tools for legal matters can waive your attorney-client privilege. Never input sensitive case details into a public AI platform. Always consult with a licensed attorney for legal strategy.

With the September 30, 2026, grandfathering deadline approaching, here is what you need to know to secure your family’s future.

EB-5 Investment Amounts in 2026

Current EB-5 thresholds remain steady until the Jan 1, 2027, inflation adjustment.

• $800,000: For projects in Rural TEAs, High Unemployment Areas (HUA), or Infrastructure.
• $1,050,000: For standard projects in non-targeted areas.

Set-asides from TEA/Infrastructure projects save $250k and let investors skip the queue.

1. Rural Targeted Employment Areas (TEAs): The Fast Track

For investors speed, Rural TEAs are currently the “gold standard.”

2. High Unemployment Areas (HUA): The Urban Option

High Unemployment Areas are typically urban projects—think luxury apartments, hotels, or commercial spaces in major cities.

• High-Unemployment Criteria: Located in a census tract with at least 150% of the national unemployment average.
• The Trade-off: While HUA projects allow for the $800,000 investment level, they do not receive priority processing. Due to high demand, urban set-asides (10%) exhaust much quicker than rural ones.

3. Infrastructure Projects: The Emerging Alternative

A newer category gaining significant traction in 2026 is the Infrastructure Project. These involve public-benefit developments like transit hubs, bridges, or utility upgrades administered by a government entity.

• Geographic Flexibility: Infrastructure projects qualify for the $800,000 threshold anywhere, regardless of local unemployment or rural status.

• Public-Private Partnership: Government-backed debt can lower financial risk, though standard job creation requirements still apply.

Strategic Advantages for 2026 Applicants

Concurrent Filing

U.S.-based H-1B, L-1, and F-1 holders can now concurrently file for their Green Card and Work Authorization alongside their EB-5 application.

Grandfathering Protection

The RIA provides “grandfathering” for petitions filed before September 30, 2026. This means that even if the program faces future legislative changes or temporary expirations, your petition should remain protected and continue to be processed.

Check our video: Selecting Your New York Visa A Strategic Analysis for Brazilia

Conclusion

In 2026, the “where” determines the “when.” Choosing a Rural TEA or Infrastructure project isn’t just about saving $250,000—it’s about cutting years off your immigration timeline.

Introduction: The Modern Marital Asset

Imagine spending years building a thriving online business or a massive social media following, only to face the terrifying prospect of losing your digital identity—your literal “brand”—in a divorce. This is no longer a niche legal issue; it is a modern crisis that feels intensely personal to everyone from viral mega-influencers to local small business owners.

As I frequently highlight for international creators on my NYC Immigration Law YouTube page: If you are migrating your life and your business across borders, protecting your digital assets is just as critical as securing your physical ones. Over my 35 years of practicing law, I have watched the definition of a “marital asset” dramatically evolve. We are now taking traditional, centuries-old legal concepts like “business goodwill” and “intellectual property” and applying them directly to modern, high-value assets like “social media handles” and “follower counts.” Furthermore, dividing these assets becomes exponentially more complex when international borders are involved. As an attorney licensed to practice in both New York and Brazil, I bring a dual-lens perspective to these disputes, helping clients navigate exactly what happens when a lucrative digital brand created in one country becomes the center of a divorce proceeding in another.

The Anatomy of a Digital Asset: Followers as “Goodwill”

n traditional family law, when a couple owns a brick-and-mortar business, a major component of its valuation is “goodwill”—the intangible value of the business’s reputation, customer loyalty, and brand recognition. Today, courts are applying that exact same concept to social media.

A TikTok, Instagram, or YouTube handle is no longer just a profile; it is digital real estate. Its value is calculated by examining:

• Intellectual Property & Branding: The handle itself, the trademarked catchphrases, and the specific aesthetic that draws an audience.
• Digital Goodwill: The engagement rate and the loyalty of the follower base, which directly translates to purchasing power.
• Direct & Indirect Revenue Streams: Monetization through platform creator funds, brand sponsorships, affiliate marketing, and funneling traffic to off-platform businesses or merchandise sales.

If this digital real estate was cultivated during the marriage—even if only one spouse is the “face” of the brand—it is highly likely to be classified as marital property subject to equitable distribution. If the non-creator spouse contributed by managing finances, editing videos, or simply handling household duties to give the creator time to build the platform, they often have a legally recognized stake in the account’s value.

The Cross-Border Complication

The valuation and division of a social media empire become uniquely complex when the creators are international citizens or expatriates. Because the internet is borderless, a digital brand might be registered in one country, monetized in another, and consumed globally.

Consider a couple who launches a successful YouTube channel while living in Brazil, but later relocates and files for divorce in New York. Which jurisdiction’s property laws apply to the digital asset? How do you assess the value of advertising revenue paid in Reais versus Dollars? What happens if the intellectual property was registered under Brazilian law, but the primary business operations are now in the US?

Navigating these jurisdictional overlaps requires a sophisticated legal strategy. My dual licensure in New York and Brazil (OAB/MG) allows me to untangle these cross-border complexities, ensuring that digital assets are properly valued and that international intellectual property rights are fiercely protected during the dissolution of the marriage.

Protecting Your Digital Real Estate

Because a social media account’s value is intrinsically tied to one specific person’s likeness and personality, it is rarely practical to co-manage the account post-divorce or force a sale. Typically, the creator retains the account, and the non-creator spouse is awarded an “offset”—meaning they receive a larger share of other marital assets (like cash or real estate) to compensate for their share of the digital brand.

However, the best offense is a good defense. To protect your digital identity, proactive legal measures are essential:

• Prenuptial and Postnuptial Agreements: Explicitly define who owns the social media handles, how future growth will be categorized (separate vs. marital), and how the brand will be valued in the event of a split.
• Formalize Your Business Structure: Treat your platform like the business it is by establishing an LLC or corporate entity with clear operating agreements, separating personal marital funds from business revenue.

If you are an influencer, a creator, or an entrepreneur whose brand is your livelihood, your digital assets are far too valuable to leave to chance.

Contact us to schedule a consultation: 📍 11 Broadway, Suite 615, New York, NY 10004 📞 212-258-0713 ✉️ norka@lawschell.com

At the Law Offices of Norka M. Schell LLC, we guide clients through the procedural requirements of the New York Supreme Court while ensuring their global interests remain protected.

1. The Residency Requirement: Can You File in NY?

In 2026, New York courts maintain strict standards for “habitual residence.” To file for divorce here, you must generally meet one of the following under Domestic Relations Law § 230:

• One spouse has lived in NY continuously for two years prior to filing.
• One spouse has lived in NY for one year AND you were married in the state, lived here as a couple, or the grounds for divorce occurred here.
• Both spouses are residents on the day of filing and the grounds occurred in New York.

2. Choosing Your Jurisdiction: New York vs. Brazil

As a dually licensed attorney (New York and Brazil OAB/MG), founding attorney Norka M. Schell emphasizes that where you file first is critical.

• The “First to File” Rule: Often, multiple countries can claim jurisdiction. In 2026, the first spouse to file usually establishes the legal authority to handle the case, making prompt action vital.
• Strategic Advantage: New York follows Equitable Distribution (a “fair” but not always 50/50 split), whereas Brazil often follows strict Community Property regimes (like Comunhão Parcial de Bens). We help you determine which jurisdiction offers the best strategic advantage for your specific assets.

3. Filing the Summons and Establishing “No-Fault” Grounds

New York is a “No-Fault” state. Most divorces are filed under Irretrievable Breakdown, meaning the relationship has been broken for at least six months.+1

• Initial Steps: You must file a Summons with Notice or Summons and Complaint in the Supreme Court of your county (e.g., New York, Queens, or Westchester).
• The Index Number: You must pay a $210 filing fee to obtain your Index Number, which officially starts the clock on your case.

4. Global Asset Division and Offsetting

In 2026, courts are taking a harder line on transparency. The use of forensic accountants to trace digital assets (cryptocurrency) and foreign bank accounts is now standard.

• Offsetting Value: To avoid the difficulty of enforcing a sale of property in Brazil, NY courts often use “offsetting.” For example, one spouse may be awarded the foreign Brazilian real estate, while the other receives domestic New York assets (like a 401k or home equity) of equivalent value.
• Homologação: We ensure your New York decree is drafted to meet the requirements for recognition by the Superior Court of Justice (STJ) in Brazil, ensuring the judgment is enforceable abroad.

5. Serving the Defendant Internationally

Serving papers to a spouse living in Brazil or another foreign country requires strict adherence to international rules, such as the Hague Service Convention. Failure to serve papers correctly can lead to your case being dismissed or the final judgment being contested years later.

Why Professional Guidance is Essential

International family law is technically profound. Between managing Hague Convention custody issues and navigating the 2026 statutory caps on spousal maintenance (such as the $228,000 payor income cap), you need an advocate who speaks the language of both legal systems.

Take the first step toward a resolution. Contact the Law Offices of Norka M. Schell LLC at (212) 258-0713 to schedule a confidential consultation. We provide bilingual representation in English, Portuguese, and Spanish.

At the Law Offices of Norka M. Schell LLC, we guide clients through every phase of the New York divorce process, ensuring that your rights are protected from the first filing to the final judgment.

Step 1: Meeting the Residency Requirements

Before you can step foot in a New York courtroom, you must prove that the state has jurisdiction over your marriage. Under Domestic Relations Law § 230, you must meet one of the following criteria:

• The Two-Year Rule: Either you or your spouse has lived in NY continuously for at least two years immediately before filing.
• The One-Year Rule: Either you or your spouse has lived in NY for at least one year, AND:
  • You were married in New York; OR
  • You lived in New York as a married couple; OR
  • The “grounds” (reason) for divorce happened in New York.
• The Continuous Resident Rule: Both spouses are residents of New York on the day the divorce starts AND the grounds happened in New York.

Step 2: Establishing Grounds for Divorce

New York is a “no-fault” state, but you must still state a legal reason (grounds) for the filing. The most common ground used in 2026 is:

• Irretrievable Breakdown: The relationship has broken down irretrievably for at least six months.

Other “fault” grounds include cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more years, or adultery.

Step 3: Choosing the Right Court Location

In New York, only the Supreme Court handles divorce cases. Unlike custody or support-only issues which may start in Family Court, the dissolution of a marriage must happen in the Supreme Court in the county where either spouse resides.

• New York County (Manhattan): 60 Centre Street, New York, NY.
• Westchester County: 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY.
• Electronic Filing: Most New York counties now use the NYSCEF (New York State Courts Electronic Filing) system, allowing for a more streamlined, paperless process.

Step 4: The Initial Filing and the “Index Number”

To officially begin, you (the Plaintiff) must file a Summons with Notice or a Summons and Complaint with the County Clerk.

• The Fee: You must pay a $210 filing fee to obtain an Index Number, which is the unique identifier for your case.
• Automatic Orders: Upon filing, “Automatic Orders” go into effect, preventing either spouse from hiding assets, transferring property, or changing insurance policies while the divorce is pending.

Step 5: Serving the Defendant

Once filed, the papers must be “served” to your spouse (the Defendant) within 120 days.

• The Rule: You cannot serve the papers yourself. You must hire a process server or have a friend over 18 (who is a NY resident) deliver the papers in person.
• Affidavit of Service: The person who serves the papers must sign an Affidavit of Service, which is then filed with the court as proof.

Step 6: Finalizing the Divorce

If the divorce is uncontested (meaning you agree on property, debt, and custody), you will file a “divorce packet” including the Findings of Fact and Judgment of Divorce. If the case is contested, the court will schedule a Preliminary Conference to set a timeline for “discovery”—the exchange of financial and personal information.

Why Legal Counsel is Critical for International Families

For clients of the Law Offices of Norka M. Schell LLC, divorce often involves more than just New York law. If you have children or property in Brazil, or if your spouse is a foreign national, a “DIY” divorce can lead to disastrous consequences regarding international treaty compliance (such as the Hague Convention) or the enforceability of your decree abroad.

Are you ready to start the process? Navigating the New York Supreme Court system requires precision. Contact our office today at (212) 258-0713 or visit us in Manhattan to ensure your divorce is handled correctly from day one.