• 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

Is it a DREAM come true

On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action to “DREAMers.” For all the promising undocumented youth who call America home this represents the opportunity to come out of the shadows and fully embrace the only country they know. AILA embraces this bold action provide relief and enable these young people to actively contribute to our society and economy.

Eligible individuals must:

Be 15-30 years old, and have entered before age 16
Have been present in the U.S. for 5 years as of June 15, 2012
Have maintained continuous residence
Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors
Be currently in school, graduated or have a GED, or is an honorably discharged veteran
The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively.

State of dreamers

Dream act overview

Action against dreamers

Dreamers

I was raped. Now can I get a visa?

I am a victim of crime. Can I get a Visa?

Question: I was raped years ago. I heard there is some type of visa. Can I get this visa?

Answer: You may be eligible for a U nonimmigrant visa. If You are the victim of qualifying criminal activity. You have to have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.You must have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf. You had to be helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.

Question: Where must the crime have occurred?

Answer: The crime had to occur in the United States or violated U.S. Laws.

Question: Must I have been admissible to the U.S.?

Answer: Yes, You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant. Many more types of Waivers are applicable to a U Visa applicant than with other types of visas.

Question: What types of crimes qualify for the U Visa?

Answer: Qualifying Criminal Activities are: Abduction, Abusive Sexual Content, Blackmail, Domestic Violence,Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trade, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint and Other Related Crimes.

Even if the particular crime the person was convicted of is not under these items, it is likely that the perpetrator of the crime committed one or more of the above items with you as the victim.

Question: What form is used?

Answer: Form I-918, Petition for U Nonimmigrant Status.

Question: Can I petition for a family member?

Answer: Certain qualifying family members are eligible for a derivative U visa. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.

To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Immediate Family Member of U-1 Recipient, at the same time as your application or at a later time.

Immigration and crime

Crime meaning

Violent crime

Victim of crime? Get a U visa

Can I appeal this horrible decision?

Can I appeal this horrible decision?

Question: I lost at the immigration Court level. Can I appeal?

Answer: Yes, you can appeal. You can appeal it to the Board of Immigration Appeals in Virginia.

Question: When do I appeal and what happens if I don’t appeal on time?

Answer: You must appeal to the BIA within the 30 days after the decision by the Immigration Judge. That means that the Notice of Appeal must be physically at the Board of Immigration Appeals by the deadline. If it is 5 minutes late, it will be rejected and returned. Your appeal will be over and you will likely have a deportation order and be physically deported from the United States. Clearly, it would be in your interest to make sure the Notice of Appeal is timely filed.

Question: What happens if I just found out about doing the appeal and it is due tomorrow and I can’t even have time to send it to Virginia on time?

Answer: There is actually a company in Virginia that you can send the Notice of Appeal up until 10:00 a.m the day that it is due. They will then physically go to the Board of Immigration Appeals and file the Notice of Appeal. It is not cheap, but it saves the appeal at the last minute. It is well worth the price if you are in that unfortunate situation.

Question: Do I have to do the Opening Brief when I send in the Notice of Appeal?

Answer: No. You will get a notice from the BIA as to when it is due. You will have considerable time to have it properly prepared and to develop your arguments and to make your case. Once the Opening Brief is submitted, you will then receive the reply brief from the Government. They will argue as to why the appeal should be denied and why the Government made the correct decision. Afterwards, you will have about 14 days to submit the reasons you believe the reply brief is incorrect and what points need to be made. Afterwards, the BIA will make a decision on your case.

Question: Should I have an attorney help me?

Answer: It would most definitely be in your best interest. Appeals are won and lost on the legal points that are made. They are not won by simply rehashing the facts. If you want any real chance of winning, you should not only hire an attorney, but one that specialized in Immigration Laws, has years of experience doing appeals and knows the immigration laws backwards and forwards.

https://atomic-temporary-10880024.wpcomstaging.com/tag/9th-circuit-court-of-appeals/

https://atomic-temporary-10880024.wpcomstaging.com/tag/appeal/

https://atomic-temporary-10880024.wpcomstaging.com/tag/administrative-appeals-office-aao-2/

https://californiaimmigration.us/dont-give-up-do-a-petition-for-review-to-the-ninth-circuit-court-of-appeal/

The new Electronic Filing System at USCIS

The NEW Electronic Filing System

Question: I have heard that there is a new electronic filing system at USCIS. Is that true?

Answer: It is called USCIS ELIS.USCIS ELIS is a user-friendly system created to streamline the application process for immigration benefits. It allows immigration benefit seekers and their legal representatives to create an account and file benefit requests online. USCIS ELIS provides more accurate and secure customer service. It also allows USCIS to process cases in a more efficient, consistent and secure environment.

Question: Who will be able to use USCIS ELIS?

Answer: In the initial release, certain applicants can electronically file Form I-539, Application to Extend/Change Nonimmigrant Status. Over time, USCIS ELIS will include more benefit types and increased functions.

Question: Why open a USCIS ELIS account?

Answer: Open an account online that you may use to interact with USCIS; Sign up to receive email notifications and text messages Manage your account preferences and contact information in real time;Manage your interactions with USCIS securely and electronically; Electronically file (e-file) benefit requests from your account;Submit evidence electronically; Use a credit card or bank account (from a U.S. institution) to submit payment; Have an attorney or accredited representative file benefit requests in USCIS ELIS on your behalf; Get detailed help and current case status; File a benefit request with step-by-step help from an online setup assistant; Access online help in the “Tips” and “Help” sections of the setup assistant; and Obtain real-time, detailed case status information.

Question: Who can currently use this ELIS?

Answer: If you are currently a B-1, B-2, F-1, M-1 or M-2 and want to extend your status; If you want to change your status to want to B-1, B-2, F-1, F-2, J-1, J-2, M-1 or M-2 ; or if you want to reinstate your status to F-1, F-2, M-1 or M-2.

Question: What about other types of applications?

Answer: Since this is a new system, USCIS is testing the waters out with these petitions only. As the system becomes more useable, more petitions will be added.

Question: What Should I Know Before Filing?

Answer: Before USCIS can grant your benefit request, you must establish your eligibility. You will be required to answer questions. USCIS will review your answers to determine if you are

eligible. If you must provide additional evidence, USCIS ELIS allows you to scan and upload evidence at the time you initially file your benefit request or in response to a Request for Evidence (RFE). If you have evidence that you believe supports your case, scan and upload it into USCIS ELIS before submitting your request. If you have trouble scanning and uploading documents and evidence after you have electronically submitted your application, you may mail the additional evidence to USCIS. However, mailing documents will add to the time it takes to process your application, so it is strongly encouraged you to scan and upload documents, if possible. If you must mail documents to USCIS, please provide the USCIS ELIS receipt number on the cover page and submit them to:

Vermont Service Center

75 Lower Weldon St.

St Albans, VT 05479

USCIS may deny a benefit request submitted with false documents, misrepresentations of facts, or other fraudulent content. Persons involved in such fraudulent activity may lose the right to file for current and/or future immigration benefits and services. They may also face severe penalties, criminal and/or civil prosecution, fines, and/or imprisonment.

However, the system does appear to finally get into the 21st century and allow and make it possible to begin filing everything electronically.

https://atomic-temporary-10880024.wpcomstaging.com/tag/electronic-filing-system/

https://atomic-temporary-10880024.wpcomstaging.com/tag/filing/

https://atomic-temporary-10880024.wpcomstaging.com/tag/filing-fees/

https://californiaimmigration.us/dont-even-think-filing-fraudulent-asylum-application/

Immigration questions

Can I become a U.S. Citizen?

Question: I would like to become a U.S. Citizen. What can I do and what are the basic requirements?

Answer: These are the basic requirements: Be 18 or older; Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization; Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application; Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application; Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application; Reside continuously within the United States from the date of application for naturalization up to the time of naturalization; Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics); and be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law.

Question: When does my time as a Permanent Resident begin?

Answer: Your time as a Permanent Resident begins on the date you were granted permanent
resident status. This date is on your Permanent Resident Card (formerly known as an Alien
Registration Card or “Green Card”). The sample cards on this page show where you can find
important information such as the date your Permanent Residence began.

Question: If I have been convicted of a crime but my record has been
expunged, do I need to write that on my application or tell a
USCIS officer?

Answer: Yes. You should always be honest with USCIS about all:
Arrests (even if you were not charged or convicted);
Convictions (even if your record was cleared or expunged); Crimes you have committed for which you were not arrested or convicted; and any countervailing evidence, or evidence in your favor concerning the
circumstances of your arrests, and/or convictions or offenses that you would like
USCIS to consider.

Even if you have committed a minor crime, USCIS may deny your application if you
do not tell the USCIS officer about the incident. Note that unless a traffic incident was
alcohol or drug related, you do not need to submit documentation for traffic fines and
incidents that did not involve an actual arrest if the only penalty was a fine less than
$500 and/or points on your driver’s license.

However, if you have any of the above, you should definitely get the help of an immigration attorney to best protect you in this situation.

Question: Will USCIS help me, or make accommodations for me, if I have a
disability?

Answer: USCIS will make every effort to make reasonable accommodations for applicants with
disabilities who need modifications to the naturalization process in order to demonstrate
their eligibility. For example, if you use a wheelchair, we will make sure you can be
fingerprinted, interviewed, and sworn in at a location that is wheelchair accessible. If
you are hearing impaired, the officer conducting your interview will speak loudly and
slowly, or we will work with you to arrange for an American sign language interpreter.
If you require an American sign language interpreter at the oath ceremony, please
indicate that in your Form N-400 in the section where you are asked if you need
accommodation for a disability. If you use a service animal such as a guide dog, your
animal may come with you to your interview and oath ceremony.

Question: How long will it take to become naturalized?

Answer: The time it takes to be naturalized varies by location. USCIS is continuing to
modernize and improve the naturalization process and would like to decrease the
time it takes to an average of 6 months after the Form N-400 is filed.

Question: What can I do if USCIS denies my application?

Answer: If you think that USCIS was wrong to deny your naturalization application, you may
request a hearing with an immigration officer. Your denial letter will explain how to
request a hearing and will include the form you need. The form for filing an appeal is
the “Request for Hearing on a Decision in Naturalization Proceedings under Section
336 of the INA” (Form N-336). You must file the form, including the correct fee, to
USCIS within 30 days after you receive a denial letter.
If, after an appeal hearing with USCIS, you still believe you have been wrongly denied
naturalization, you may file a petition for a new review of your application in U.S.
District Court.

Question: Can I reapply for naturalization if USCIS denies my application?

Answer: In many cases, you may reapply. If you reapply, you will need to complete and resubmit
a new Form N-400 and pay the fee again. You will also need to have your fingerprints
and photographs taken again. If your application is denied, the denial letter should
indicate the date you may reapply for citizenship.
If you are denied because you failed the English or civics test, you may reapply for
naturalization as soon as you want. You should reapply whenever you believe you have
learned enough English or civics to pass both tests.

https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationlawyer/

https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationattorney/

https://atomic-temporary-10880024.wpcomstaging.com/tag/best-immigration-

https://californiaimmigration.us/our-immigration-law-firm/

Los Angeles Immigration Attorney gets big win

Los Angeles Immigration Attorney gets big win

http://ping.fm/HGCdP

https://atomic-temporary-10880024.wpcomstaging.com/tag/best-immigration-attorney/

https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationattorney/

https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationlawyer/

https://californiaimmigration.us/our-immigration-law-firm/

Can I get an H-1B finally?

Can I get an H-1B finally?

Question: I have an employer willing to sponsor me. What is a ‘specialty occupation’ and can I get an H-1B?

Answer: The job must meet one of the following criteria to qualify as a specialty occupation:
Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position. The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree. The employer normally requires a degree or its equivalent for the position. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Question: How must I qualify for the H-1B?

Answer: For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria: Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university. Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty. Of course this last option would be used only when there is no B.S degree.

Question: Must I file the Labor Condition Application?

Answer: Yes. The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.

Question: Is there a limit on H-1B’s per year?

Answer: Yes, there are only 65,000 for regular H-1B’s and 20,000 for advanced degree H-1B’s. U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2013 cap. The agency began accepting these petitions on April 2, 2012.

USCIS has received approximately 17,400 H-1B petitions counting toward the 65,000 cap, and approximately 8,200 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

USCIS will provide regular updates on the processing of FY 2013 H-1B petitions. These updates and helpful filing information can be found at USCIS’s website highlighting the H-1B program. Should USCIS receive the number of petitions needed to meet the cap, it will issue an update advising the public that the FY 2013 H-1B cap has been met as of a certain date, known as the “final receipt date.” The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

If necessary, USCIS may randomly select the number of petitions received on the final receipt date that will be considered for final inclusion within the cap. The agency will reject petitions subject to the cap that are not selected, as well as those received after the final receipt date. Whether a petition is received by the final receipt date will be based on the date USCIS physically receives the properly filed petition, not the date that the petition is postmarked.

Cases for premium processing (faster processing of certain employment-based petitions and applications) of H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

Meanwhile, petitions filed by employers who are exempt from the cap, as well as petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years, will not count toward the cap.

U.S.businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, among others.

The bottom line is to get your H-1B filed right away so you are included in this years cap.

https://atomic-temporary-10880024.wpcomstaging.com/tag/h1b-2/

https://atomic-temporary-10880024.wpcomstaging.com/tag/h1b/

https://atomic-temporary-10880024.wpcomstaging.com/tag/h1b-cap/

https://californiaimmigration.us/h-1b-work-visa-for-specialty-occupation-visa/

The New Waiver Procedure

What about the new Waiver Law?

Question: I have been married for 12 years to a U.S. Citizen, but have always been afraid to file anything. I heard that I will have to file the Waiver of the 3/10 year bar, but did not want to chance leaving the U.S. What is the current status of the new Waiver regulations?

Answer: U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship.

Question: Does this mean it will make it easier to get the Waiver?

Answer: No. Definitely not. Rather, it will change the procedure upon where the Waiver is filed and how it is adjudicated. It is just as hard as before to get the Waiver approved, so you should have it prepared professionally and support it with lots of evidence.

Question: Why is this happening now? What is the purpose of the new regulations on the Waiver of the 3/10 year bar?

Answer: “The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this proposed rule will more effectively achieve,” said USCIS Director Alejandro Mayorkas. “The current process can subject U.S. citizens to months or years of separation from family members who are waiting for their cases to be processed overseas. The proposed change will have tremendous impact on families by significantly reducing the time of separation.

USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition.

Keep in mind that the form will be different, but the supporting documentation and declaration and evidence will all remain the same. In fact, many times, I suggest getting a hardship evaluation from a qualified psychologist.

Question: Are the regulations in effect?

Answer: The proposed process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. USCIS will consider all public comments on the proposed rule announced before publishing the final rule in the coming months. Individuals at this time should not to submit an application for a provisional unlawful presence waiver, or allow anyone to submit one on their behalf because it will be rejected.

However, the case can be started now and then submitted as soon as the regulations become final.

https://atomic-temporary-10880024.wpcomstaging.com/tag/212c-waiver-application/

https://atomic-temporary-10880024.wpcomstaging.com/tag/212d3-waiver/

https://atomic-temporary-10880024.wpcomstaging.com/tag/fee-waiver/

https://californiaimmigration.us/waivers/

How can I save 15 years of waiting for my Green Card?

How can I save 15 years of waiting for my Green Card? – YouTube http://ping.fm/s0EL3

Green card extension

Green card application

Get your green card

Derivative green card

DOS press release announcing that in January 2012, U.S. Mission Brazil processed more than 86,000 visa applications

DOS press release announcing that in January 2012, U.S. Mission Brazil processed more than 86,000 visa applications, an increase of 60% over January 2011. Visa interview wait times in Sao Paulo, the Department’s busiest NIV processing post, are less than 30 days.

Visa interview

A visa

What do you need to know about visas

How to get a visa