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The transaction should be ratified by minutes or resolutions of the participating entities.
There are some cases where this approach is not possible.
As from that date, customers may have been invoiced by the transferee, employees may have been paid by the transferee, and accounting entries may have been made to reflect the purchase price payable for the assets.
Together, these factors may indicate that the beneficial interest in the relevant assets has passed from a legal point of view.
In this situation, it may be possible to create a document after the event which recites what actually happened, and which records the key terms of the transaction.
The document should be dated when it is actually signed, but it can refer to the historic effective date of the transaction.
Entering the United States without approval is illegal. Even violating the terms of a legal entry can make your stay illegal. If you are in the United States illegally because you stayed past the expiration date on a valid visa, rather than having entered illegally (without inspection), consider yourself lucky: Your legal entry qualifies you for an exception, under which you should be able to apply for your green card without leaving the United States, using a procedure called “adjustment of status.” If, however, your most recent entry into the United States was illegal; for example, you crossed the U. border in secret, without stopping at an inspection point; you have very little chance of adjusting your status to permanent resident based on your marriage. resident (rather than a citizen) will also technically make you eligible for a U. green card, but because you face a long wait before a visa becomes available to you, your chances of adjusting status are even less. It is available only if you are already in immigration court (removal) proceedings and facing deportation. if you qualify for asylum and apply within one year of your entry or the expiration of your authorized stay.
without permission after your visa or other authorized stay has expired. immigration law offers very few options to go from being illegal or undocumented immigrant to a U. Entering into a valid, bona fide (real, not sham) marriage with a U. citizen (of the same or opposite sex) makes you an “immediate relative” under the U. However, your current illegal status could create problems. citizenship include: Don’t attempt to apply for cancellation of removal on your own.
So any attempt to rely on the reduction before registration would be ineffective.
However, at that point the consulate could penalize you for your illegal U. stay, with a time bar on returning to the United States. If you haven’t yet been in the United States illegally for six months or more, you might want to leave right away in order to make use of the consular processing possibility. territory, such as the Canal Zone, American Samoa, Swains Island, or a noncommercial U. The process involves submitting USCIS Form I-589, together with detailed documentation of your membership in the group that you claim and the persecution that you faced or fear. (If denied, you could be deported, unless you can show that you would likely face torture upon return.) If you come from a country that has recently had a civil war, environmental or natural disaster, or other trouble that makes it unsafe for its citizens to return there, the United States might offer what’s known as Temporary Protected Status or “TPS.” This is not a green card, nor does it lead to a green card.
The penalty is either to spend three years outside the United States if you stayed in the U. illegally for six months (180 days) or more; or to spend ten years outside the United States if you stayed in the U. If you have already spent more than six months in the United States illegally, then talk to an immigration lawyer. You don’t have to go through the usual step of applying for a green card first. If you are granted asylum, you can apply for a green card one year after your approval, and for U. However, TPS would allow you to stay in the United States legally for a set amount of time (maximum 18 months), and to receive a work permit while you’re here.
The same considerations as regards legal and other due diligence would apply so as to manage the risk of any unintended liabilities being triggered, and to make sure that the legal transfer of the relevant assets is completed.
Conclusion It can be very tempting just to ‘backdate’ documents, with the intention of making life easier. With a bit of thought and investigation, is it often possible to achieve a result which gets close to the desired result and also lets you sleep at night.
We briefly describe the most likely possibilities below, but you should see an attorney for further help. An immediate relative is theoretically eligible for a U. green card just as soon as you can get through the application process.