• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Past Blog Posts

  • https://api.whatsapp.com/send?phone=13104885414

When is the CSPA Applies?

CSPA applies when an I-130 is filed for : 1) Child of an LPR under 18 years old; 2) Parent is a USC (by birth or naturalization); 3) Parent has legal and physical custody and 4) child is residing in the U.S.; 5) the child is under 18 when the parent naturalizes. You can see specifics at section 320(a)

TPS Child can apply based upon the parents initial registration

A  Temporary Protected Status (TPS) Child can apply for TPS based upon the parents initial registration

Mandatory Detention is not so Mandatory

Question: I have a friend who is in detention and I am being told he cannot get out because of mandatory detention. Can you elaborate what this is and why is he not permitted to exit?

Answer:  After 1996, the Immigration Laws were much more severe, including a very wide based mandatory detention policy. However, and finally, a case has just been issued by the BIA (Board of Immigration Appeals) which softens and narrows the mandatory detention policy.

The basic facts of the case is as follows. Luis Felipe Garcia-Arreola is a long-time permanent resident with a drug conviction.  This conviction makes Mr. Garcia-Arreola deportable but eligible for 212(c) relief.  After getting arrested on a domestic assault and transferred to ICE custody, ICE sought mandatory detention pursuant to INA § 236(c) and Matter of Saysana, the case which originated the mandatory detention policy.

In a brave decision, Immigration Judge Teresa Holmes-Simmons distinguished Saysana with the facts of Mr. Garcia Arreola’s case and recognized that Saysana had been universally rejected by Federal District Courts.  DHS appealed and during this time, the Saysana case itself was rejected by the First Circuit Court of Appeals.  DHS then changed its position and retreated.  Finally, the BIA overruled Saysana!

The good news:  the holding specifically states that mandatory detention applies where there has been a (a) release (b) from non-DHS custody (c) after October 8, 1998, (d) that is “directly tied” to the basis for detention under INA §§ 236(c)(1)(A)–(D).

The bad news:  Primarily because it was unaddressed by the parties, the Board left standing another horrible mandatory detention decision – Matter of Rojas, 23 I&N Dec. 117 (BIA 2001), a deeply-divided Board decision which concluded mandatory detention applies even if ICE fails to assume custody of an alien “when released.”

The Board’s “resort to contortions” in Rojas and Saysana has only resulted in creating more chaos in our immigration detention system and wasted hours and resources on needless litigation, all in an effort to prevent an Immigration Judge from exercising discretion in bond redetermination decisions.  See Rojas, 23 I&N Dec. at 130 (dissent).

Thus, while there is good news in the issuance of this decision of narrowing the mandatory detention policies, there is work to do and we should continue to fight in the courts and the BIA to get other similarly bad decisions vacated or overruled.

USCIS receipted 27,778 H-2B petitions for the 2nd half of FY 2010

As of 6/11/10, USCIS receipted 27,778 H-2B petitions, including approved and pending, towards the 47,000 beneficiaries target for the 2nd half of FY 2010. Beneficiaries target is the estimated number of petitions needed to reach the cap and is higher than the actual cap.

Enjoy Life

This article will be a bit of a different article than normal. As you know, I am an Immigration Attorney. I am always helping families reunite and stay in the United States. I know how important it is to be with your family and to enjoy the time you have with them. This is one of the  main reasons I chose Immigration Law. I did not like seeing families being torn apart and living in separate countries from their spouses, children and other loved ones. I needed to do something to help the despair that I saw people experiencing. That is why I have been practicing law for nearly 20 years.

Last week my father-in-law passed away. Since I grew up without a dad, my father-in-law was my father for almost the 20 years I have been married. His passing was quite difficult for me. I have never had someone as close as him pass away and I had an emptiness and sadness in me that I had never experienced before.  The last week has emphasized what I do to help the immigration community was the right path for me to take. It has shown me that helping families through use of Immigration Law is the best path I could have taken.

It has taught me that we need to enjoy the time that we have with those whom we love. The reality is that we never know when our loved ones will pass on. My father-in-law had a headache and went to the hospital. At that time, he had brain hemmorages and 3 days later he passed away. While there is always things we can say we wished we had done, I was happy that I did spend a lot of time with him and played tennis and just sat and talked about many things with my father-in-law. Since his passing, I have come to a new realization about life. We really need to enjoy living itself. For example, the joy of seeing the sun rise, smelling a flower, walking the dog, playing a card game with your child. These joys and simple pleasures should not be taken for granted, but rather, relished and experienced. Never get tired of spending time with your loved ones. You will never say at the end that you wish you worked more. Make the time to do what you want to do with your loved ones while they are still living so that you do not have regrets when they pass away.

Don’t let the small stuff bother you. Don’t get mad because someone is driving too slow, or the bus is 5 minutes late. Don’t let the small stuff in life distract you from what is really important. When there is hardship and suffering, learn to work through it. For example, should you be separated because of a deportation, fight to get your loved one back. They are still here with you and if you fight hard enough, they will eventually be able to come back and be with you.

We all only have a limited time here. Let’s make the best of it and let’s make a positive impact on our families and society. Enjoy what you have. Enjoy your families and do not sweat the small stuff.

Get the Best Deportation Lawyer to help you with your Deportation Case

Best Deportation Lawyer needed for Removal Proceedings

Question: I am in deportation proceedings and I have no idea what to do. Can you help me?

Answer: First, you want to make sure to hire the best deportation lawyer. There is a myriad of things that can go wrong. You have to remember that the Immigration Judge and the attorney representing the ‘other side’ are not there to help you. In fact, you are just a number to them. You must find a knowledgeable and reputable deportation attorney who you believe is the best deportation lawyer available for the job. Keep in mind that the difference between a win and a lose could very well fall on the tactics that the immigration lawyer does and the manner in which he or she does it.

Question: I would like to find the best deportation lawyer. However, I just do not know what to look for in that particular immigration attorney. Can you help?

Answer: First, you want to make sure that the best deportation lawyer is actually an attorney. Unfortunately, there are some very unscrupulous people out there that could try to come off as an attorney and only end up taking your money. You can find out if they are in fact an attorney, they will be listed on the website for the attorneys for that particular State. Next, make sure the best deportation lawyer actually specializes in Immigration Law. If you will do a small inquiry, you will note what kind of law the immigration attorney does. If this immigration attorney only does a few immigration cases and takes multiple other cases per year of other areas of law, then it is a pretty good assumption that this particular immigration lawyer is not the best deportation lawyer for the job and probably does not know the details and complexities of immigration law. Many States actually have exams and other requirements for the immigration lawyer to take if that particular immigration lawyer wants to become a certified specialist in Immigration and Nationality Law. If your particular State has such a program for the licensed attorneys, it would be a good idea to see if this attorney is a certified specialist. If so, then you are one step closer to finding the best deportation lawyer for your case. Next, you certainly want to find out if this immigration attorney emphasizes deportation and removal law. Believe it or not, an immigration attorney can be a certified specialist in immigration law and still not specialize specifically in deportation law. If that is the case, then you have a very qualified immigration lawyer, but do not have the best deportation lawyer.

Question: How do I know if this immigration lawyer emphasizes deportation law.

Answer: You can certainly ask the immigration attorney what is their emphasis in immigration law. Alternatively, go on websites like Avvo.co, or Linkedin.com or other similar sites that allow you to view a detailed profile of the immigration attorney and ho that particular immigration attorney presents himself or herself. You should be able to notice that there is an emphasis in a particular area. For example, in deportation law, you will find discussions on Cancellation of Removal, Asylum, Convention Against Torture, Withholding of Removal, Adjustment of Status, Waivers and other items of a similar nature.

Getting the best deportation lawyer will give you a better chance of winning your case. It will give you a better chance of not being deported and if you win, you will be able to stay in the United States with your loved ones and your family. So, the bottom line, is do your homework and interview your immigration attorney, and then you can proceed with finding the best deportation lawyer for your case.

Immigration Reform Hopefully Coming

Immigration Reform is actually coming. There are other bills which are in front of Immigration Reform, but not for long.

It appears that will Immigration Reform might not exactly happen this year. However, it is going to be important of which people call your current congressional representatives and your current immigration attorney to be able to try to give your own opinion. There are generally 12 million illegal immigrants here from the U.S. and several would say in which the system is going to be broken. The deportations are generally up, illegal aliens keep arriving and employers employ the service of many folks illegally. A new system of which takes the reality associated with immigration and is going to be not basically an enforcement tool would help all involved. Harry Reid is going to be moving forward using the Immigration Reform. The Arizona Law is so obtrusive that a California Senator has been reported to want to have contracts torn up with Arizona. Immigration Rallies are happening.

Let us look at the problem more closely. If you look at just what exactly passed the legislature in Arizona, it almost makes one believe you actually are usually reading a fictional book. The only item left to be able to make it law is going to be for the Governor associated with Arizona to be able to sign the bill. It in essence allows the local police to be able to ‘stop and arrest’ men and women who ‘look suspicious’. Exactly how can someone look suspicious? Is actually that a way regarding stating which an individual looks hispanic or even illegal or maybe out regarding status? There is without a doubt no realistic or maybe real way that will a person basically ‘looks’ suspicious. Exactly what is actually means is actually that it is without a doubt giving the law enforcement authorities associated with Arizona the power to do racial profiling. Consequently, if someone looks ‘hispanic’ and maybe not a ‘resident’ or even ‘U.S. Citizen’, they can easily merely be stopped, questioned and harassed. This is going to be a severe intrusion into the privacy of the individual. Maybe they ought to just simply go door to door and ask to see someones Green Card or perhaps Birth Certificate. It is unconstitutional and even if your governor signs it, there will likely end up being lawsuits ready to be able to end up being filed the same day or shorty thereafter showing precisely how the law is without a doubt unconstitutional and should end up being stricken and invalidated. It is without a doubt curious precisely how the congressional representatives might have passed such an overtly racial and unconstitutional bill. Tend to be they afraid of which they will not end up being reelected back in office? Exactly how can easily they justify such a anti constitutional bill?

It is without a doubt this exact type of immigrat bashing and unconstitutionality of which mandates we ought to have immigration reform. We need complete immigration reform coming from the enforcement side associated with immigration in order to the visa and residency side. It should be where some laws will possibly be enacted in order to permit the over 12 million illegal immigrants to be able to get out associated with hiding and get some manner in order to obtain legal residency. The reality is going to be they tend to be part associated with this economy and they have integrated into out society. It will not have in order to possibly be an amnesty, yet a clear path to legalization. Naturally, the enforcement side regarding immigration really should additionally be amended so of which folks tend to be not deported for minor crimes and so that there are ways for those people persons to request waivers or maybe in order to not end up being seperated for several years from their families.

Immigration Reform is going to be definitely about the table as President Obama has indicated he wants to be able to obtain Bill passed. Democrat Charles E. Schumer of New York and Republican Lindsey Graham associated with South Carolina are usually working to be able to help craft an Immigration Reform Bill. There tend to be Bills that will are generally being presented in Congress, television coverage regarding Congressional Representatives moving forward on Immigration Reform and debate among a number of groups are generally to come. We being a nation of individuals really should call, e-mail and write our representatives in Congress to be able to move forward upon getting Immigration Reform.

Pro Bono Attorney needed from American Immigration Lawyers Association

There are organizations which will permit an Immigration Attorney to be pro bono and to help those in need. The hope is that more Immigration Attorneys will step up to the plate and help those in need, especially children. Our Immigration Law system is difficult enough. Can you imagine what a child must think when they immigrate to the U.S. and don’t even speak our language. American Immigration Lawyers Association is a great organization of over 10,000 immigration lawyers of which many do volunteer and help those in need.

The validity of the Alien’s appproved employment visa

Immigration Judges have authority to determine whether the validity of an alien’s approved employment-based visa petition is preserved under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2006), after the alien’s change in jobs or employers. Matter of Perez Vargas, 23 I&N Dec. 829 (BIA 2005), overruled.

https://cbocalbos.wordpress.com/tag/employment-visa/

https://cbocalbos.wordpress.com/tag/employment-visas/

https://cbocalbos.wordpress.com/tag/work-employment-visa/

https://californiaimmigration.us/regulations-on-agricultural-employment-visa-h-2a-will-receive-a-final-ruling-of-it%e2%80%99s-amended-regulation/

IJ have authority to determine the validity of the Alien’s appproved employment visa

Immigration Judges have authority to determine whether the validity of an alien’s approved employment-based visa petition is preserved under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2006), after the alien’s change in jobs or employers. Matter of Perez Vargas, 23 I&N Dec. 829 (BIA 2005), overruled.