Carlos Gamino, Author at Gamino Law Offices, LLC

What is an EB-5 Visa?

If you’re an investor, you could be eligible to apply for an EB-5 visa, which falls under a special program to stimulate the U.S. economy.

What is an EB-5 Visa?

The EB-5 visa is a pathway to permanent residency in the United States. With an EB-5 visa, you can make an investment in a U.S. business to obtain a green card; then, you can apply for naturalization and become a U.S. citizen.

Requirements for Commercial Enterprises in the EB-5 Immigrant Investor Program

You can only qualify for an EB-5 visa if you invest in a new commercial enterprise that was established after November 29, 1990, or on or before that date if it was an existing business that’s been restructured or reorganized to the extent that a new commercial enterprise results or that’s been expanded through the investment so much that it results in at least a 40 percent increase in the business’s net worth or number of employees.

You must also invest the required amount of capital in a new commercial enterprise to create full-time positions for at least ten qualifying employees.

Capital Investment Requirements

You must have capital to qualify for an EB-5 visa, and you must invest that capital – which can be cash, equipment, inventory, tangible property, cash equivalents or indebtedness secured by assets you already own. The minimum investment amount depends on where you’re investing, whether it’s in a typical area, a Targeted Employment Area (TEA), or a high-employment area. If you are filing for the first time after November 21, 2019, you must invest:

$1,800,000 in a typical investment area
$900,000 in a targeted employment area
$1,800,000 in a high-employment area

Do You Need to Talk to an Attorney About Securing an EB-5 Visa?

If you’re considering immigrating to the U.S. as an investor, you may want to have an experienced and knowledgeable immigration attorney on your side. Call us at 414-383-6700 to set up your consultation – we will be happy to answer your questions and give you the case-specific legal advice you need.

Carlos Gamino

By Carlos Gamino|2021-03-20T13:08:28-05:00April 5th, 2021|Immigration Law|Comments Off

What is the Penalty for Computer Hacking?

By Carlos Gamino

Computer hacking – the act of getting into someone else’s digital data without authorization, even if you don’t do anything with the data you find – is a serious crime in Wisconsin. In fact, it can even be a federal crime. It’s often a good idea to work with a computer crime defense attorney if you’re in this type of trouble; the penalties can be extremely harsh and even include prison time.

Computer Hacking Laws in Wisconsin

Under Wisconsin law, the state can charge you with a hacking crime if you do any of the following:

Modify data, computer programs or supporting documentation
Destroy data, computer programs or supporting documentation
Access computer programs or supporting documentation
Take possession of data, computer programs or supporting documentation
Copy data, computer programs or supporting documentation
Disclose restricted access codes or other restricted access information to unauthorized persons

Likewise, the state can charge you with a hacking crime if you intentionally cause an interruption in service by submitting a message (or multiple messages) to a computer, program, system or network that exceeds its processing capacity (such as a DDOS attack).

As you can see, you don’t have to know anything about computer coding to be charged as a hacker; you can get into trouble by changing or deleting files, accessing programs with another person’s password or even copying data that doesn’t belong to you.

Related: Computer sex crime charges

Penalties for Computer Hacking in Wisconsin

The penalties for computer hacking in Wisconsin vary based on the circumstances of the case. If you commit the offense to defraud or obtain property, it’s a Class I felony. However, it’s a Class F felony if:

The offense results in damage valued at more than $2,500
Interrupts or impairs government operations or public communication, transportation, or a supply of water, gas or any other public service
Creates a substantial and unreasonable risk of death or great bodily harm to another person

Even worse, if you try to hide the identity or location of the computer you use to commit the crime, your penalties will increase.

Do You Need to Speak With an Attorney About Computer Hacking Charges in Wisconsin?

If you’ve been accused of any hacking offense, we may be able to help you. Call us at 414-383-6700 now – we can provide you with a free consultation. We’ll be glad to answer your questions and help you get things moving in the right direction.

Carlos Gamino

By Carlos Gamino|2021-01-17T07:05:19-06:00April 5th, 2021|Criminal Law|Comments Off

What to Know Before Getting a Divorce

By Carlos Gamino

If you’re like many people contemplating divorce, you know that it pays to prepare – but where do you even begin? Check out these three things you should know before you divorce your spouse; they may surprise you.

What to Know Before Getting a Divorce

Divorce is one of the hardest things you’ll ever go through, and because you’ll most likely be making the decision during a time of emotional upheaval, it’s easy to let logic fall by the wayside. However, there are three things you need to know before you split from your spouse:

Divorce isn’t a “win or lose” proposition
The legal system isn’t built for revenge
You must be financially prepared to leave

Here’s a closer look at each.

#1. Divorce Isn’t a Win-or-Lose Proposition

There are two types of divorce: Successful and unsuccessful. That doesn’t mean that it’s a win-or-lose situation, though – nobody “wins” or “loses.” It does mean, however, that you can have a successful or unsuccessful divorce. A successful divorce is one in which you walk away reasonably satisfied with the outcome, and the outcome sets you up for a successful future.

#2. The Legal System Isn’t Built for Revenge

When you divorce your spouse, what you’re really doing is dissolving a legal partnership. It’s fine to be angry with your soon-to-be ex, but it’s not fine to try to use the legal system to get vengeance. The courts simply aren’t set up that way, so don’t think that you’re going to “take him for all he’s worth” or “prevent her from getting a cent,” regardless of what your spouse did during your marriage. The law looks at divorce like a business transaction; both parties are entitled to walk away with a fair and reasonable outcome.

#3. You Must Be Financially Prepared to Leave

Going from a dual-income household to a single-income household is an adjustment, even if you make a significant enough amount of money that you don’t need any from your spouse. Depending on your situation, you may need to find a new place to live; you’ll certainly be responsible for your own living expenses (unless a judge orders spousal support, and even then, it’s not unlimited), and you’ll have to adjust your schedule to meet your children’s needs. It’s absolutely essential that you’re financially prepared before you file for divorce.

Do You Need to Talk to a Divorce Attorney?

If you’re thinking about divorce, or if your spouse has already filed, we may be able to help you. Call us at 414-383-6700 now to talk about your case – we’ll answer your questions and give you the guidance you need.

Carlos Gamino

By Carlos Gamino|2021-01-17T07:02:55-06:00March 28th, 2021|Family Law|Comments Off

What is an Attempted Crime?

By Carlos Gamino

In the state of Wisconsin, you can get in trouble for trying to commit a crime – even if you never actually go through with the crime. And even worse, the penalties can be nearly as severe for attempted crime as they are for the actual commission of a crime.

Here’s what you need to know.

What is an Attempted Crime?

The state of Wisconsin can charge you with attempted crime if you had the intent to perform certain acts that would constitute a crime, even if something prevents you from committing the crime. Here’s an example: Let’s say you reach into a car’s open window to steal something, but the car’s owner comes out and chases you off before you can grab the object you intended to steal. The state of Wisconsin can charge you with an attempted crime because you tried to steal something – you just didn’t actually get it.

Under Wisconsin law, the state can charge you with an attempted crime if you had the intent to commit a crime – and you would have committed a crime if your plans hadn’t been interrupted by another person or some other factor.

What Kinds of Attempted Crimes Can You Be Charged With?

You can be charged attempted crime for anything in the Wisconsin Statutes. You can be charged with attempted:

What Are the Penalties for Attempted Crime?

Although every case is different, the penalty for an attempted crime is half the penalty for a completed crime. If you would have been sentenced to 6 months in jail for actually something out of the car in the example above, you might be looking at a 3-month jail sentence for attempting to steal something.

Do You Need to Talk to an Attorney About Attempted Crime Charges?

If you’ve been charged with attempting a crime – any crime – we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation. We’ll be happy to answer your questions and give you the legal advice you need to get the best possible outcome in your case.

Carlos Gamino

By Carlos Gamino|2021-01-17T07:01:04-06:00March 24th, 2021|Criminal Law|Comments Off

How to Beat a Possession With Intent Charge

By Carlos Gamino

Possession with intent charges can result in felony convictions, so for most people, the best course of action is to get in touch with a Wisconsin drug crime attorney who can help. The bottom line is that if you’re convicted of possession with intent to deliver – for any drug – you could be looking at years in prison. But is it possible to beat a possession with intent charge? Here’s what you need to know.

Can You Beat a Possession With Intent Charge?

People have successfully beaten possession with intent charges in Wisconsin. However, every case is different, and there’s no way to predict how the judge will rule in your case.

Your attorney will look carefully at the circumstances of your case. He or she will ask you several questions, examine police evidence and find a way to get you the best possible outcome. Your lawyer will fight to preserve your rights in court, too.

Penalties for Possession With Intent to Deliver

The state can charge you with drug possession with intent to deliver even if you don’t come out and say, “Yes, I was going to sell those drugs.” Usually, the amount of the drug that you have shows the authorities that you weren’t hanging on to it for personal use.

The penalties for possession with intent to deliver depend on the drug and the amount you have. The following tables break down the most common drugs and their penalties.

Possession of Marijuana With Intent to Deliver

<200 Grams	200 – 1,000 grams	1,000 – 2,500 grams	2,500 grams – 10,000 grams	>10,000 Grams
Class I felony	Class H felony	Class G felony	Class F felony	Class E felony

Possession of Cocaine With Intent to Deliver

<1 gram	1 – 5 grams	5 – 15 grams	15 – 40 grams	>40 grams
Class G felony	Class F felony	Class E felony	Class D felony	Class C felony

Possession of Methamphetamine With Intent to Deliver

<3 grams	3 – 10 grams	10 – 50 grams	>50 grams
Class F felony	Class E felony	Class D felony	Class C felony

Possession of Heroin With Intent to Deliver

<3 grams	3 – 10 grams	10 – 50 grams	>50 grams
Class F felony	Class E felony	Class D felony	Class C felony

Do You Need to Talk to an Attorney About Beating a Possession With Intent to Deliver Charge?

If you’ve been charged with possession with intent to deliver for any drug, we may be able to help you. Call us at 414-383-6700 for your free consultation today.

Carlos Gamino

By Carlos Gamino|2021-01-17T06:51:45-06:00March 22nd, 2021|Criminal Law|Comments Off

Are You Financially Responsible for Your Child’s Crimes?

By Carlos Gamino

If your child commits a crime and causes property damage (or a crime that comes with other types of financial liability), you could be on the hook for paying for it. Here’s what you need to know about Wisconsin’s parent financial responsibility laws.

Are You Financially Responsible for Your Child’s Crimes?

As a parent, you’re subject to Wisconsin’s parent financial responsibility laws. If your child acts willfully, maliciously or wantonly, or even negligently, the state can hold you liable. A parent’s financial responsibility is currently limited under the law (although that can change at any time, so you should consult with an attorney for the most current information) – but it can be as high as $20,000 for damages in some cases.

The state can hold you liable for things like:

Property damage
Repairing or replacing damaged property
Removing graffiti
The value of unrecovered stolen property
Harm resulting from personal injury to another person

There’s another statute that imposes liability on criminal cases involving motor vehicles. Wisconsin Statute § 343.15(2)(b) says that if your child (or a child you’re responsible for) uses a motor vehicle in a negligent and willful manner, you face unlimited liability.

Related: CHIPS in Wisconsin

Which Parents Can Face Liability?

The state can hold you liable if you have legal custody of the child through a court order, custody that’s agreed upon under a legal stipulation or actual physical custody of a child. Obviously, if you didn’t have the reasonable ability to exercise supervision and control of the child (because the child is uncontrollable or because someone interfered with your ability), the law provides you with certain protections.

Has Your Child Gotten Into Trouble With the Law?

If your child has been accused of committing a crime, we may be able to help. Call our office at 414-383-6700 today to talk about your situation – we’ll answer your questions and give you the guidance you need.

Carlos Gamino

By Carlos Gamino|2021-01-17T06:58:51-06:00March 17th, 2021|Criminal Law, Juvenile Law|Comments Off

What is Criminal Damage to Property in Wisconsin?

By Carlos Gamino

In Wisconsin, criminal damage to property can be a misdemeanor or a felony – it depends on the type of property involved in the incident. One thing is for sure, though: If you’re convicted of a crime, it goes on your permanent criminal record, and if you can avoid a conviction, you probably should.

What is Criminal Damage to Property in Wisconsin?

Any court in Wisconsin can convict you of criminal damage to property if the prosecutor can show that you:

Intentionally caused damage to physical property that belonged to another person
Caused the damage without the owner’s consent
Knew that the property belonged to someone else and that the property’s owner did not consent to you damaging it

Let’s say you and your friend want to smash an old copy machine in the middle of a field. The copier belongs to your friend, and you’re out there together. He hands you a baseball bat and you smash the copier. Yes, you intentionally caused damage to physical property that belongs to another person – but you did so with the property owner’s consent, so it wasn’t a crime.

Now let’s say you and your friend want to smash a copy machine that belongs to your employer. You take it out to the field and smash it, but you never asked your employer for permission. Your employer didn’t know you were doing it, and nobody gave you consent – so in that case, you committed a crime.

When is Criminal Damage to Property a Misdemeanor in Wisconsin?

Criminal damage to property is a misdemeanor in many cases. In fact, it’s often a Class A misdemeanor, which is punishable by up to 9 months of imprisonment and fines of up to $10,000.

When is Criminal Damage to Property a Felony in Wisconsin?

In some cases, criminal damage to property is a felony. There are certain special circumstances, such as damage to or graffiti on religious property, at a cemetery or at some schools, that make it a felony crime. Damage that disrupts public utilities or puts travelers on the highway at risk are also felony charges.

Do You Need to Talk to a Property Crime Defense Attorney?

If you’re in trouble for property damage, we may be able to help you. Call our office at 414-383-6700 to set up your free consultation with a property crime defense attorney. We’ll ask you some questions, discuss your situation, and look at possible outcomes – and we’ll give you the case-specific legal advice you need.

Carlos Gamino

By Carlos Gamino|2021-01-17T06:48:59-06:00March 10th, 2021|Criminal Law|Comments Off

What Happens if You Divorce Before Getting a Green Card?

By Carlos Gamino

When you marry a U.S. citizen, you’re entitled to a green card. Your green card allows you to live and work anywhere in the United States. But what happens if you divorce before getting a green card? Here’s what you need to know.

What Happens if You Divorce Before Getting a Green Card?

Divorce can affect your green card status, but it depends on what stage of the process you’re currently in when you choose to split from your spouse. You’ll have a different outcome if you divorce:

After you apply, but before you receive your green card
After you receive a conditional green card
After you have the conditions removed from your green card

Divorce After Applying for, but Before Receiving, a Green Card

If you divorce before the U.S. government approves your green card, your entire immigration process comes to a halt. Your divorce ends the relationship that made you eligible for a green card, so you can’t continue your application.

Related: New green card rules

Divorce With a Conditional Green Card

If you’ve been married for fewer than two years and still have conditions on your green card, your divorce can affect the process. You’ll most likely have to work with your Wisconsin immigration attorney to ask the government to waive the joint filing requirement, and you’ll have to prove that you entered into your marriage in good faith (rather than simply for the immigration benefit).

Divorce With a Conditions Removed From Your Green Card

If you no longer have conditions on your green card and divorce your spouse, there’s a good chance that your process will be unaffected. You can typically remain in the U.S. on your green card and renew it when necessary. You can even change your name on your green card after filing the appropriate forms. However, you do need to know that if you later apply for citizenship, U.S. Customs and Immigration Services will reevaluate your entire case.

Do You Need to Talk to a Wisconsin Immigration Attorney About Your Green Card?

If you’re an immigrant considering divorce, we may be able to help you – both with the divorce and with your immigration process. Call our office at 414-383-6700 now to talk to someone who can answer your questions and help you start moving forward in the right direction.

Carlos Gamino

By Carlos Gamino|2021-01-17T07:11:39-06:00March 8th, 2021|Family Law, Immigration Law|Comments Off

Receiving Stolen Property: What You Need to Know

By Carlos Gamino

Receiving stolen property is a crime in Wisconsin – but what will happen to you if you’re caught buying or taking something that you know has been stolen? Can you go to jail if you didn’t know the property was stolen in the first place? Here’s what you need to know.

3 Things You Don’t Know About Receiving Stolen Property in Wisconsin

The crime of receiving stolen property can put you behind bars for years, so if you’ve been accused of this type of crime, it’s probably a good idea for you to talk to a criminal defense attorney. You should also learn a little bit about the charges your facing. Here are three things most people don’t know:

Receiving stolen property can be a misdemeanor or a felony, depending on the property’s value.
You must intentionally receive the stolen property (and know it was stolen) in order for this to be a criminal act.
Receiving stolen property goes on your permanent criminal record.

Here’s a closer look at each.

#1. Receiving Stolen Property Can Be a Misdemeanor or Felony

The property’s value determines whether you’re facing a misdemeanor or a felony charge. It’s a Class A misdemeanor of the property’s value is $2,500 or less. However, if the property’s value is:

between $2,500 and $5,000, it’s a Class I felony.
between $5,000 and $10,000, it’s a Class H felony.
over $10,000, it’s a Class G felony.

Related: What is petty theft?

#2. You Must Intentionally Receive Stolen Property (and Know it Was Stolen) to Commit a Crime

You must have intentionally taken or purchased the stolen property when knowing that it was stolen in order for the court to convict you of this crime. The state has to prove that you actually knew it, beyond a reasonable doubt. For many people, a lack of knowledge is a solid defense – if you had known the property was stolen, you wouldn’t have taken or purchased it from the person who gave it to you.

#3. Receiving Stolen Property Becomes Part of Your Permanent Criminal Record

If you’re convicted of a crime in Wisconsin, it goes on your permanent criminal record. It’s not like a driving record, where “bad behavior” disappears after a certain amount of time elapsed; criminal convictions will remain on your record unless you later take steps to clear them (and there’s no guarantee a judge will ever agree to wipe your record clean).

Do You Need to Talk to a Criminal Defense Attorney?

If you’re accused of receiving stolen property, we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation with a criminal defense attorney who can answer your questions and give you legal advice.

Carlos Gamino

By Carlos Gamino|2021-01-17T06:46:39-06:00March 8th, 2021|Criminal Law|Comments Off

What is Aiding and Abetting?

By Carlos Gamino

Aiding and abetting is against the law in Wisconsin, which you may already know if you’re facing these charges. It’s generally referred to as being party to a crime in Wisconsin, so here’s what you need to know.

What is Aiding and Abetting?

Aiding, abetting and being an accessory are three separate terms under Wisconsin law:

Aiding is helping or supporting another person to commit a crime.
Abetting is encouraging, inciting or inducing another person to commit a crime.
An accessory is someone who aids or abets (or aids and abets) in support of someone else committing a crime.

Aiding and Abetting Examples

Here’s an example of aiding someone in the commission of a crime:

Carlos knows Tedia is going to rob a bank. He provides her with a ski mask and a large bag she can use to carry money, and he tells her that he’ll be outside waiting in the getaway car to drive her away from the scene before police arrive. Carlos is aiding Tedia, so he can be charged as a party to the crime.

Here’s an example of abetting:

Carlos and Tedia are walking down the street and see a parked Ferrari with the windows down. There’s a briefcase on the passenger seat, and Carlos tells Tedia she should reach in and grab it because there’s probably something valuable inside. Tedia grabs it, and they’ve both committed a crime – Carlos is in trouble for abetting, and Tedia is in trouble for theft.

In both of these cases, Carlos is an accessory to the crime that Tedia committed.

Do You Need to Talk to a Criminal Defense Attorney About Aiding and Abetting?

If you’ve been accused of aiding and abetting or being party to a crime, we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation – we’ll answer your questions and explain possible outcomes for your case.

Carlos Gamino

By Carlos Gamino|2021-01-17T06:43:53-06:00March 3rd, 2021|Criminal Law|Comments Off

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About Carlos Gamino