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Yearly Archives: 2017
ICE Agents Making Arrests in California Courtrooms
Following reports that United States Immigration and Customs Enforcement (ICE) agents are now going to courthouses to arrest undocumented immigrants, attorneys, and prosecutors are worried about the chilling impact this could have on people’s willingness to report crimes or come forward to testify in a judicial proceeding. The issue has attracted the attention of the chief justice of the California Supreme Court, who has written a letter to federal officials asking them to reconsider the tactic in light of the risks.
Whether or not a person is in the country illegally, he or she can file for protective orders to keep abusers away, appear as a witness in various criminal proceedings, be a complainant in criminal cases, and even be a plaintiff in lawsuits. The ability to access the judicial system in this way can be a life saver for a group of people who may otherwise be victimized or taken advantage of with no recourse. This is why this ICE tactic is seen as being so dangerous to communities.
This is not the first time ICE has engaged in this kind of policing and arresting tactic, but in the past, it was used mainly as a last recourse in cases where no home or work address could be found on a certain person, or where the risk of making the arrest elsewhere was high for the ICE agents. However, now it seems that it may be applicable in more situations.
Immigrants Assisting in Criminal Prosecutions
This tactic has support from some people because there is an assumption that at least some of the immigrants arrested in courthouses are there as criminal defendants. While this is true, there is also the risk of deporting those who are helping prosecute criminals regardless of their immigration status. The federal government has long recognized the role that can be played by immigrants in assisting law enforcement agents solve crimes and prosecute high level criminals, for example through the use of the U-Visa program.
Generally, non-U.S. citizens who are victims of certain crimes, who have suffered mental or physical abuse, and who are willing to help law enforcement officials in the investigation and prosecution of criminal activity are eligible for a nonimmigrant visa known as a U-Visa. This visa was introduced as a way to protect crime victims and ensure that crimes from domestic violence to human trafficking could be effectively investigated with the help of victims who are not U.S. citizens. While U-Visas are generally only applicable to immigrants who are admissible into the U.S., those who are inadmissible may apply for a waiver in order to meet the requirement.
Be Prepared
It is difficult to know what areas may be targeted by ICE agents for raids to arrest undocumented immigrants for deportation proceedings. It is important to remember that you still have rights when it comes to immigration agents coming into your home to make an arrest, and a warrant is generally required.
If you are arrested at a protest rally, courthouse, church, or any other unexpected location, it is important to have a contingency plan in place if you have young children, remain calm at all times, do not resist arrest, and always carry a number for an immigration attorney just in case.
Contact Us for Legal Help
For legal assistance with your immigration issues, contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California for a consultation.
Undocumented Immigrants and Business Ownership
While some immigrants come to the United States to escape dangerous conditions in their countries, a great number of immigrants also come to the United States to seek economic opportunities through better jobs and sometimes owning their own businesses. Undocumented immigrants who want to start their own businesses may find the process straightforward, although it does not ultimately change their immigration status.
An undocumented immigrant starting a business is not something that is technically sanctioned by the law, and in some ways successfully opening the business as an immigrant is a matter of using certain loopholes in the law. Immigrants who want to open a business in the United States are required to obtain an EB-5 visa, which allows the immigrant to apply for a green card in exchange for investing anywhere from half a million to a million or more dollars in a business in the United States. Not many people can afford this type of visa, and therefore undocumented immigrants opt to go through other avenues.
The first and most obvious challenge to starting a business as an undocumented immigrant is the lack of a social security number. However, most undocumented immigrants overcome this by applying for an individual taxpayer identification number (ITIN). In order to apply for a ITIN, a person has to submit some identifying documentation, such as birth certificate or a foreign passport.
ITINs are issued regardless of a person’s immigration status for purposes of filing taxes. This number cannot give a person work authorization in the United States in the same manner as a social security number. Once a person has an ITIN, he can apply for an employer identification number and set up a business.
With these numbers, an undocumented immigrant can apply for city and state licenses to ensure that the business is in compliance with local laws. However, even business owners who have otherwise followed the law on opening the business and paid all required taxes can be deported as easily as non-business owners who are in the country illegally.
An undocumented immigrant who chooses to open a business takes a chance that he or she can be deported at any time. For example, if the business is robbed, or an employee is attacked and the police are called in, the business owner takes the chance that his or her immigration status will come up, resulting in deportation. Business owners must also make sure that they pay all required taxes on the business income in order to avoid legal issues related to the nonpayment of taxes.
Financial challenges may also affect an undocumented immigrant’s ability to open a business. Because of his or her status, the person may not be able to qualify for a business loan or government grant, and has to rely on savings alone. This may mean that it could take a long time to raise the money it would take to launch a business, and therefore, it means deferring the dream of business ownership.
Let Us Help You with Your Immigration Problem
If you are in the country illegally, own a business, and are facing deportation, you need to consult with an experienced immigration attorney. Business ownership does not have to act against you in a deportation proceeding. Contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California for a consultation.
Applying to Remove Conditions of Permanent Residency After a Divorce
When a foreign national marries an American citizen, he or she may want to apply for lawful permanent residence and eventually U.S. citizenship, with the American spouse as a sponsor. Initially, a spouse seeking permanent resident status on the basis of a marriage that is less than two years old receives conditional permanent resident status, which may be adjusted to permanent status after a period of time. If the couple divorce before the conditional period is over, the conditional permanent resident may still be able to get permanent residence under certain circumstances.
A conditional permanent resident generally needs to file a joint petition with his or her spouse in order to remove the conditions on his or her residency and become a permanent resident. However, if you are divorced from your spouse, you may not be able to file a joint petition. The U.S. Citizenship and Immigration Services (USCIS) allows a conditional permanent resident in this situation to apply for a waiver of the joint filing requirement, and apply for the removal of the conditions alone.
The most important factor in analyzing an application for a waiver on the joint filing requirement is that the couple has entered into the marriage in good faith, and did not commit marriage fraud. This means that if USCIS investigates and determines that the marriage was a sham, in other words, really an arrangement for the foreign national to get permanent residency and citizenship, the waiver will not be granted.
A domestic violence survivor who was battered, or had a child who was battered by an American spouse during the course of the marriage can also apply for a waiver without being divorced. This again requires the couple to have entered the marriage in good faith.
There are many things that can be considered indicators of a sham marriage, for example, if the couple never lived together or does not know details about each other’s lives. In order to prove that the marriage started out as a real marriage or in good faith, a conditional resident seeking a waiver can send in bank statements, evidence of having jointly owned property with the ex-spouse, and birth certificates of children born to the couple. Sometimes, if the couple went through marriage counselling before the divorce, letters from the counsellor or therapist may be helpful. Statements from friends and neighbors who can attest to the legitimacy of your marriage before the divorce may also be helpful.
Let Us Help You File Your Petition
If you fail to file a petition for the removal of conditional status by the time your conditional permanent resident status expires, USCIS can start removal proceedings against you. If you have a valid claim for a waiver, you may still be able to receive permanent resident status even if you are divorced or widowed.
To preserve your rights, make sure you file your petition before your time is up. For more information and assistance on filing a petition for the removal of the conditions on your residency, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
H-1B Visa Premium Processing Suspension
The United States Customs and Immigration Services (USCIS) has recently announced that it will temporarily suspend premium processing of H-1B work visas starting in April 2017. The temporary suspension is supposed to only affect the premium processing service, which guarantees that an H-1B application is processed within 15 days.
USCIS explained that it was suspending premium processing in order to go through a backlog of other applications and improve the overall processing times. An ordinary application can take six months or longer. The suspension of premium processing is worrying for workers who may need an approved visa faster in order to have their work continue uninterrupted from another visa, such as a J-Visa.
The suspension of premium processing can also affect how a company or business plans for foreign workers. Without the certainty of this faster processing of H-1B visas, a business may not be able to adequately plan projects that require certain foreign workers with specific expertise.
However, even with the suspension in place, applicants who need to have their H-1B work visas processed more quickly than the time it takes to process a visa in regular time can request expedited processing. However, the applicant has to show that he or she meets the expedited processing criteria.
Changes to the Law
The move by USCIS to suspend premium processing follows H-1B visa changes proposed through the H-1B and L-1 Visa Reform Act of 2017, which was introduced in the U.S. Senate in January 2017. This bill proposes several changes to how H-1B visas are awarded, for example, moving away from a lottery system to one where workers are given visas based on USCIS established preferences. The bill would also reduce the length of time an H-1B visa would be valid, and have more reporting requirements for employers. There would be more focus and investigation on work visa fraud.
The use of H-1B visas has been criticized as making it easy for some companies to abuse the system and take advantage of foreign workers. Some outsourcing companies apply for visas on behalf of workers and then pass them on to other companies, taking a large percentage of the worker’s salary afterwards. The changes proposed in the bill are supposed to address issues of fraud and abuse such as these.
However, if the bill becomes law, it will mean significant changes in the way some foreign employees receive working opportunities in the United States. It may also reduce the employment opportunities available for foreign workers because it will be harder or less cost effective for employers to assist foreign workers get work visas.
For some workers who have been working in the country under previous policies need to ensure that they are in compliance with any new rules or laws that may be announced in the coming months or years.
Contact an Experienced Immigration Attorney
If you need assistance with a visa application or immigration status change, an experienced immigration attorney may be able to assist you. Contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California and schedule a consultation.
Asylum Seekers and Undocumented Immigrants Held in Detention Centers
An immigration policy that allowed asylum seekers to be released pending a hearing before an immigration judge is about to end. The policy, sometimes referred to as catch and release, allowed immigration officials to release asylum seekers into the United States and sometimes track them using ankle monitors until their hearings.
This policy was mainly put in place in response to the shortage in suitable places to hold asylum seekers waiting for hearings. Critics of the policy argued that it made the immigration problem worse because people who were released could simply disappear into society and not reappear for hearings or be otherwise tracked.
Ending the policy now and seeking to detain all asylum seekers as they come into the United States while they wait for a hearing could mean longer detention times for the asylum seekers. Currently, immigration detention centers are often overcrowded, and the conditions are not ideal. Adding more people into the detention system may make these problematic conditions worse than they already are. Asylum seekers have rights that should be honored even in detention, although sometimes this does not happen.
If your loved one is held in a detention center, you can try and locate him or her using the detainee locator on the Immigration and Customs Enforcement (ICE) website. You can also speak to immigration officials and try to get into contact with the detained person. In communicating with immigration officials, you should be careful about what information you provide, as it may be used against the detained person. Even something as simple as providing the person’s country of origin and information on what they are doing the United States can make matters worse for the detainee. Ensuring that the detained person has an experienced attorney could be the best help you can give him or her.
An immigrant held in a detention center can be released if a judge grants the asylum claim or otherwise allows his or her release. Immigration officials may also offer to release the detained person if he signs paperwork for voluntary departure. However, signing these forms can mean that the detained person, who may have a good legal claim for asylum, loses that opportunity and has to leave the country.
Bond is sometimes available for some detained immigrants, and if they can pay the bond, they can wait for their hearing without being in a detention center. If the detainee has been convicted of a criminal offense, bond may not be possible in their case. This is especially true if the convictions are for aggravated felonies involving violence or for drug crimes.
Contact an Experienced Immigration Attorney
If someone you know is detained and waiting for an immigration hearing, it is important that they be represented by an attorney during this hearing. Having an attorney during a hearing for an asylum claim or during an appeal increases the applicant’s chances of being granted asylum. For legal assistance, contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
Making a Plan for Your Children in Case You are Deported
When you are an undocumented immigrant living in the United States, you may live in constant fear of deportation and wonder what will happen to your family if you are separated. This fear can be increased if you have minor children and you are the only parent they have to take care of them. While you cannot predict when you will be deported, you can come up with a plan to give you more control over what happens to your children if you are deported.
In California, the parents of a minor child can grant another person the power of attorney over that child by completing a Caregiver’s Authorization Affidavit. This person can be named as the child’s caregiver and be allowed to make legal decisions on behalf of the child. After filing paperwork with a court, the caregiver can enroll the child in school as well as make medical decisions for the child.
This arrangement is not adoption, and the parent does not give up parental rights to the child. If you have someone you trust who is legally in the country and who would be willing to care for your children if you were deported, you should talk to them and decide how they would care for your child.
If you sign a power of attorney or a Caregiver’s Authorization Affidavit granting rights to make decisions for your child to another person, you can cancel it at any time. You also do not have to make the power of attorney immediate, you can have your lawyer write the documents in such a way that it becomes effective if you are deported or if something else happens to you, and you are unable to take care of your children.
You can choose to arrange for your children to join you in your home country once you are deported, but if you want them to remain in the United States, and your children are U.S. citizens or otherwise legally in the country, you may have to make more permanent arrangements for their custody. You can discuss your options with an attorney in order to make the best choice for your family.
Keep in mind that a power of attorney can give the person you grant it to a wide range of authority. You can give the person the right to sell your house, business, and take care of your other financial matters to wrap up your affairs in the United States if you do not anticipate returning after some time. You can also give a different person the power of attorney over your financial matters than the one who will care for your children. You may want to make sure they can work together so that your children have everything they will need in terms of food, clothing, shelter, and other basic needs in your absence.
Contact Us for Legal Assistance
For more information on how you can put together a plan to take care of your children in case you are deported, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
Leaving the United States Voluntarily as an Undocumented Immigrant
With the increased pressure to deport immigrants, some immigrants have begun to consider a voluntary return to their countries of origin in order to leave the United States on their own terms. This voluntary departure is sometimes called self-deportation or attrition through enforcement. While self-deportation is presented as a choice, it is not always so, and is often more like a forced choice.
Government policies can target immigrants and try to encourage self-deportation by limiting access to social services or benefits, work options, and educational opportunities. Essentially, by taking away these benefits and opportunities, the government seeks to make life difficult for immigrants until they choose to leave the United States on their own. Proponents of self-deportation support the process because it is cheaper than government deportation and because deportations by the government are unpopular with many voters.
An immigrant who has been arrested for being in the country illegally and put through removal proceedings may sometimes be given an opportunity to leave the country voluntary, making his or her own travel arrangements and getting an opportunity to finalize matters in the United States before leaving. An immigrant who has been given an opportunity for voluntary departure is given a certain date by which to leave the country, and if he or she has not left by that date, a deportation order (an order of removal) is entered against him or her. If an immigrant accepts the voluntary departure option, the 10-year ban on later returning to the United States legally may not apply.
Unfortunately, voluntary departure or self-deportation is not an easy choice for many immigrants no matter how tough the climate in the United States becomes. For some, there is no home to return to, having spent decades in the United States, which is the only true home they know. Additionally, returning to the United States after self-deportation is not as easy as applying for a new visa.
Strangely enough, when some immigrants attempt to leave the United States voluntarily through a border checkpoint, they may be arrested, prosecuted for being in the country illegally and formally deported. Having a formal record of deportation is worse for the immigrant because once the person goes through a formal deportation process it becomes increasingly harder for the person to return to the country. If a deported person later returns to the country illegally, and is again arrested, he or she can face criminal charges for the reentry after deportation. Prosecution for reentry after deportation can lead to a fine and prison time, as well as a permanent ban on returning to the United States.
Contact an Experienced Immigration Attorney
Voluntarily choosing to leave the United States, whether you are undocumented or of legal status, can have legal repercussions in terms of your ability to return to the United States at a later date. You may have legal options to adjust your status while in the United States, before you decide to leave, so contact an experienced immigration attorney for a consultation. Contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
Denial of Entry into the United States Despite Valid Visa or Immigration Status
The executive order on immigration signed by President Trump on January 27, 2017, affected many immigrants headed to the United States from seven particular countries, until a temporary pause was placed on it by a federal judge. This nationwide pause was upheld on appeal on February 4, 2017, and immigrants from the seven countries are now allowed to continue coming to the United States as further appeals are made to higher courts. The confusion caused by the executive order raised the question of what discretion United States customs and border protection agents have to refuse entry to travelers who have valid visas previously issued through the Department of State.
United States customs and border protection agents have to follow the policies and rules issued under law and through executive orders. Therefore, if the ban on the president’s executive order is lifted, these agents will again follow the language of that order. However, with or without the executive order, United States customs and border protection agents have broad powers to conduct searches and conduct inquiries of the people seeking to enter the country.
United States customs and border protection agents also have discretion when admitting people into the country, and in some cases they can refuse a person entry despite the person’s possession of a valid visa. Denial of entry usually happens for reasons such as possession of improper travel documents, stated travel activities that do not match those given for the visa application, smuggling prohibited items, and a history of criminal activity or immigration violations. A person who holds an expired visa will also be denied entry under that visa.
A nonimmigrant travelling to the United States who is refused entry and has his visa cancelled at the port of entry is usually limited in the way he can appeal the denial of entry. Denial of entry usually results in the person being returned to his home country, where he can try to get another visa through the United States embassy there. Immigrants with valid green cards, and who have not been away from the Unites States for long periods of time, have more avenues to seek an appeal of denial of entry based on a United States customs and border protection agent’s discretion.
The ultimate validity of the executive order on immigration is unknown at this time, and may keep changing until the case is heard before the United States Supreme Court. In the meantime, people with valid visas to travel to the United States should make plans to travel as soon as possible in case the executive order’s ban is reinstated.
Contact Us for Legal Assistance
Any green card holder who was detained under the Executive Order and signed paperwork unknowingly, relinquishing his or her green card status can challenge the loss of rights, especially if the green card holder signed paperwork following false representation by border agents. For more information on what rights you have to challenge cancelled visas or a loss of lawful permanent resident status, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
Do You Have the Right to Stop Immigration Enforcement Agents From Entering Your Home if You are in the Country Illegally?
The Fourth Amendment to the U.S. Constitution guarantees that people have a right to be free from unreasonable searches and seizures. The limits of this guarantee have been tested in numerous court cases, and the basic rules are clear. Unless government agents have a reason that fits into a few narrow exceptions, they cannot enter your home without a valid search warrant issued based on probable cause. The question most immigrants living in the U.S. may ask themselves is, does the protection of the Fourth Amendment extend to them?
The possibility of immigration enforcement agents increasing raids to look for undocumented immigrants is one reason for this question. Immigration raids, where immigration enforcement agents go to businesses and even homes, looking for people who are in the country illegally are allowed under current immigration laws. Undocumented workers who find themselves in the midst of a raid or who are visited by agents should be aware that the U.S. Constitution and other U.S. laws do offer some protections, even to undocumented immigrants.
The Fourth Amendment protections are guaranteed to all people living within the U.S., both citizens and noncitizens. A person’s immigration status does not affect this basic protection. This Fourth Amendment protection is one more right that is aimed at ensuring the government follows due process in arresting and deporting an immigrant. These rights apply whether a person is in his or her car or home when stopped for a search. Police officers and immigration enforcement agents also cannot stop your car for a search based on your race or religion.
Therefore, if immigration enforcement agents arrive at your home and demand entry, ask to see a search warrant. If the agents ask your permission to enter, and you grant them permission to enter, then they do not need a warrant. Your permission satisfies the requirements of the Fourth Amendment because it makes the agents’ entry reasonable. There are other ways in which the Fourth Amendment may not protect you, and if you find yourself in a situation in which you believe your rights are being violated, it is better not to do anything such as resisting arrest or presenting false papers. It is best to wait for an opportunity to speak to your attorney.
There are some constitutional protections that are reserved for U.S. citizens only, such as the right to vote. Immigrants who are in the country illegally can make their immigration situation worse by exercising rights that are reserved for U.S. citizens only.
Contact Us for Legal Advice
Regardless of your immigration status, it is important to remember that there are laws that protect your rights. If your home is searched and you are arrested by immigration enforcement agents or local police officers, you should avoid making any statements or admissions before speaking to your attorney. You should also avoid signing any documents they present you with, even if they promise it will lead to your release. Be prepared by learning more about how the law can protect you as an immigrant; contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California for a consultation.
A Green Card Does Not Always Prevent Deportation
Getting a permanent residency card can signal a new beginning for many immigrants seeking to settle in the United States. It sometimes takes years to get through the application process and can be expensive, depending on the circumstances of the applicant. Unfortunately, while legal or lawful permanent residency guarantees more for immigrants in the country, it is not a guarantee against deportation. In some instances, even legal permanent residents can be deported.
A person who is granted lawful permanent residency is allowed to live and work in the United States permanently. A person can become a lawful permanent resident through an application by an eligible family member, a job, as an asylum seeker or refugee, and through a few other special categories. Some applicants receive conditional permanent residency, for example if applying through marriage. After some time, the conditional status can be removed. Once permanent residency has been granted, a lawful permanent resident can go on to complete the naturalization process and become a citizen.
For an immigrant on conditional permanent residency status, committing crimes such as fraud can lead to removal proceedings and deportation. For example, if your conditional status is based on marriage, and the government learns that your marriage was a sham entered into for the sole purpose of getting you a green card, the government can terminate your conditional status and begin removal proceedings. During removal proceedings, you have a chance to seek a review of your case in order to prove that you are not guilty of fraud.
A lawful permanent resident can also lose permanent residency by being absent from the United States for a long period of time. If a person is gone for about six months or more without re-entry into the United States, he or she may not be allowed back into the country. To avoid this result, a lawful permanent resident can apply for a special re-entry permit before leaving the United States, or make sure that he or she is not absent from the country for an extended period of time.
Removal proceedings for lawful permanent residents can be initiated if the lawful permanent resident is convicted of what is described as a crime of violence. A person who is convicted of murder is permanently barred from naturalization. The definition of what constitutes a crime of violence is hard to pin down because in some instances it could mean that someone who commits a robbery and is convicted may be deported, and yet someone with an unregistered gun may not. This sort of ambiguity is being challenged in front of the United States Supreme Court, and a decision is awaited that will hopefully set out more clear guidelines as to which crimes may make a lawful permanent resident eligible for deportation.
Lawful permanent residents can also voluntarily choose to relinquish their status by filing United States citizenship and Immigration Services (USCIS) Form I-407.
Contact an Experienced Immigration Attorney
Receiving a green card is a significant step towards gaining citizenship. If you are a lawful permanent resident facing removal proceedings you can fight your removal at the hearing. For more information, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP.
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