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As a lawyer, as a private citizen, you see a lot of injustice. You see a lot of people who should have been punished and are not, and people who were punished wrongfully are not vindicated.

Immigration Law

Our areas of practice include:

  • 601 & 601 A Waiver
  • Stay of Removal
  • Immigrant Visas
  • Family Immigration
  • Employment Immigration
  • Non Immigrant Visas
  • Deportation Defense
  • Immigration Crimes
  • Immigration Appeals
  • Asylum
  • Cancellation of Removal
  • Motions To Vacate
  • Padilla Claims
  • Fiancé(e) Visas
  • ICE Detainers
  • Immigration Detainers
  • Naturalization Citizenship
  • Same Sex Immigration
  • Immigration FAQ
  • 2014 Immigration Reform
  • Special Immigration Juvenile Status
  • Immigration Appeals

The attorneys at Kapitonov & Kapitonova, P.C. have a deep understanding and expertise in immigration law with over ten years of combined experience.  We understand that the Immigration law in the United States is constantly evolving and we thus possess a deep understanding of the regulations and of the different avenues immigrants have in order to adjust their legal status in the United States of America.  Laws and regulations determine the status of anyone who wants to visit, live or work in the United States and dictate what rights and responsibilities those people have while in the country. We at Kapitonov & Kapitonova, P.C. help individuals and businesses throughout the country navigate these complex laws for entering and remaining in the country legally. We also assist those who entered the country without documentation, overstayed their visas, or otherwise violated U.S. immigration laws.

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CRIMINAL DEFENSE

If you have been charged with a crime, it is essential that you take the necessary steps to defend yourself effectively and promptly.  We are equipped to handle all types of criminal cases, including those that may seem minor, to complex criminal appeals in the federal and state courts. It is important to remember that trying to navigate the criminal justice system on your own puts you at the mercy of prosecutors and judges who are often more concerned with getting a conviction. We provide you with aggressive representation, concentrating in protecting your rights and have the resources and tenacity to help secure the most preferable outcomes possible.

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Some of the cases we handle, include:

  • Drug related crimes (possession, manufacturing, distribution, sales)
  • Violent crimes (murder, attempted murder, assault, robbery, kidnapping, extortion)
  • White collar crimes (fraud, embezzlement, extortion, computer crimes)
  • Sex crimes
  • Juvenile crimes
  • Criminal Appeals (State and Federal Levels)
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FAMILY LAW

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Family law is a legal practice area that focuses on issues involving family relationships, such as divorce and child custody, among others. At Kapitonov & Kapitonova, P.C. our attorneys represent clients from no fault divorces to complex International Child abduction cases under the Hague Convention.

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Our practice areas include:

  • International Child Custody Disputes under The Hague Convention
    • We represent parents with lawful custody rights who wish to prevent the return of a child to another Hague Convention or non-signatory country. The Hague Convention is a treaty designed to expedite the return of abducted children to their home countries.  We also represent parents with lawful rights whose children have been adbucted and brought to the United States of America without their permission.
  • Divorce Law
    • We represent clients from no fault divorces to complex divorces including custody arrangements, separation of assets and alimony.
  • Custody Disputes
    • We mediate and represent clients in custody disputes from full child custody to negotiating agreements for share child custody.
  • Pre-Nuptial Agreements
    • We draft pre-nuptial contracts on behalf of our clients to be entered into prior to marriage, civil union, or any agreement prior to the main agreement by the people intending to marry or contract with each other.
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Employment Law

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Many employers fail to comply with their legal obligations to employees. Employer misconduct may involve discrimination, harassment or retaliation against workers who belong to protected classes, or failing to pay employees according to minimum wage and overtime laws.  If you work in New York and your employer is treating you unfairly or illegally, the attorneys of Kapitonov & Kapitonova, P.C. may be able to help you.  Our attorneys are well seasoned in all kind of employment litigation matters and provide aggressive representation in state and federal courts.

 

Employer/Business Representation

We represent businesses with respect to labor and employment and wage/hour law. If your company is confronted with a charge of discrimination or a lawsuit, we can provide a vigorous and strategic defense whether your case is in state or federal court, on an appeal level. Of equal import, we provide preventative counseling and compliance policies to business owners in order to help them anticipate and prevent unnecessary litigation. For example, we can assist clients in drafting employment contracts, reviewing handbooks, and related policies to ensure that their workplace is efficient and lawful. We can also provide training to employees and supervisors to make sure they understand the law and maintain a successful work team

 

Employee Representation

Many employers fail to comply with their legal obligations to employees. Employer misconduct may involve discrimination, harassment or retaliation against workers who belong to protected classes, or failing to pay employees according to minimum wage and overtime laws.  If you work in New York and your employer is treating you unfairly or illegally, we may be able to help you.  Our attorneys are well seasoned in all kinds of employment litigation matters and provide aggressive representation in state and federal courts.

Some of the cases we handle, include:

  • Discrimination (age, race, gender, disability, pregnancy, national origin, religion, sexual orientation, family status)
  • Retaliation
  • Sexual Harassment
  • Wages
  • Overtime
  • Cease and Desist letters

We are also experienced Appellate Attorney and provide representation in the following:

  • Administrative Appeals
  • Appeals in the New York State, Appellate Divisions
  • Appeals in the United States Court, Second Circuit
  • Appeals to the Supreme Court of the United States
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Insurance Law

Insurance law is the practice of law surrounding insurance, including insurance policies and claims.  Typically, when people are covered by insurance, they maintain their policies in order to be protected in case of disaster, illness, long term care, etc.  Unfortunately, often insurance companies fail to live up to their own terms of their policies and your claims start to be denied, hitting you with enormous expenses, not to mention the cost of your premiums over your insurance policies lifetime.  At Kapitonov & Kapitonova, P.C., we represent individual policy holders against large insurance companies.

Some of our areas of practice include:

  • ERISA litigation– The Employee Retirement Income Security Act (“ERISA”) typically dictates long term disability claims. Many individuals purchase long-term disabilities policies through their employer and therefore are subject to restrictive ERISA regulations. Since ERISA is incredibly complicated and complex only a specialized attorney with experience can assure your needs are met. We represent individuals against Insurance companies in Federal Court challenging ERISA violations and wrongful denial of benefits.
  • Denial of Insurance Claims– Our attorneys understand that when a policyholder who has paid insurance premiums submits a claim to their insurance company, they expect the company will act in good faith and honor the validity of the claim. However, many times the insurance company does not do what is right and honor the claim. Disputes often arise after an insurance company denies a valid claim, many times without a legitimate reason or explanation. Our attorneys challenge large insurance companies to honor their policies.
  • Medical and Property Claims-Our attorneys can help you to obtain your claims approved, stop your claim from being terminated, negotiate a policy settlement or handle your law suit or appeal. We also help professionals who have been unfairly denied insurance benefits.
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Education Law

Student’s Representation

The attorneys at Kapitonov & Kapitonova, P.C. focus on the representation of students who have been discharged from colleges and graduate schools, or who are facing disciplinary proceedings. We also provide representation of students with special needs including seeking reasonable accommodations for the SAT, ACT, GMAT, licensing exams, among others.  We also challenge the revocation of standardized test scores.

Teacher’s Representation

We represent teachers and administrators through collective bargaining process, hearings and appeals including 3020a hearings, representation in disciplinary proceedings, Due Process Hearings and Appeals to Federal and State Court.

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ADMIRALTY and MARITIME LAW

 Admiralty law or Maritime law is a body of law that governs nautical issues and private maritime disputes.  Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships.  At Kapitonov & Kapitonova, P.C., we focus on marine insurance litigation from complex international matters and reinsurance contracts, to the dispute resolution of breach of contract and denial of insurance coverage matters in New York.

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Need help with any kind of legal issues? Contact us now.