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Undocumented Students Access to Financial Aid
Generally, undocumented students are not eligible for federal financial aid to help pay for the cost of a college degree or other forms of higher education. This does not mean that the students do not have other options, and these come mainly in the form of institutional aid and state assistance.
In California, undocumented students who meet certain criteria qualify to pay in-state tuition in California schools. This can make a big difference, with students saving thousands or tens of thousands a year in tuition costs. Undocumented students who attended a California high school for at least three years may be eligible.
Additionally, California provides undocumented students with an opportunity to borrow money to pay for their educational costs. This loan, known as a DREAM loan, has a relatively low interest rate and allows a student to borrow a maximum of $20,000. Students who receive scholarships and other grants and aid can use the DREAM loan to bridge any gap in aid and pay for their education in full, even though the student has to pay the loan back.
Undocumented students have to complete annual applications in order to apply for aid and certify their eligibility for paying lower tuition fees. This does require providing a lot of identifying information to the state and to the school the student is attending. This may make some undocumented students or their parents hesitate because of a fear that this information may be used to target them for deportation.
Generally, the information that students provide for student aid purposes is not shared with federal immigration officials. Additionally, several cities and schools in California have declared they are sanctuary cities and schools, and would not likely share this information with immigration officials except in serious circumstances, or where it is required by law.
Students who have registered under DACA, sometimes referred to as DACA-mented, are not eligible for federal financial aid in the form of either loans or grants. These students still have an advantage of being able to work in the U.S. legally, which could help them earn money to help them pay for the cost of tuition and room and board. DACA-mented students can also apply for in-state tuition and the DREAM loan discussed above.
The opportunities discussed above do not generally apply to students who are seeking to attend school in California under a nonimmigrant student visa such as a J-visa or F-1 visa. Students who are on a non-immigrant visa generally pay nonresident tuition rates, and are restricted in the forms of financial aid they receive. These students typically receive private or school grants and scholarships.
Contact Us for Legal Advice
If you are the parent of an undocumented student and are worried that enrollment in school could cause problems for the student and put him or her at risk for deportation, you need to discuss what legal options your child has with an experienced immigration attorney. Contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
The Responsibility of Sponsorship
United States citizens with family members who want to emigrate from another country sometimes make the decision to support an application for an immigrant visa or for legal permanent residency. In supporting such an application, the U.S. citizen has to attest that he or she will support the applicant financially. Most people who are supporting a family member’s application do not necessarily think of the implications of the promise to support the application, but the promise is legally enforceable.
The document that the U.S. citizen signs to support a person applying for permanent residence is known as an affidavit of support. The affidavit of support requires the U.S. citizen, who is referred to as a sponsor for purposes of the affidavit, to promise that he or she will support the person making the application for a period of time. This time period can be 10 years or longer. The affidavit of support is legally enforceable and is relied on when the government makes the decision on the application.
The sponsor is required to provide a copy of his or her tax return and proof of income when filing the affidavit of support. The spouse has to show that he or she has income that is equal to 125% of the U.S. poverty level for his household size. If the sponsor does not have the required income, he or she can count the value of assets, and the income of others in his household. If the sponsor does not meet the income and assets requirements, it is possible that the application will be denied unless there is a co-sponsor.
If the applicant is granted legal permanent residence or an immigrant visa that allows him or her to live and work in the U.S., the sponsor does not really provide the person’s day-to-day support. The legal permanent resident works towards supporting him or herself, and at the same time accumulates work credits. When enough work credits are earned, the sponsor is released from the obligation to support the person.
The sponsor is also released from the obligation when the sponsored person leaves the country or becomes a U.S. citizen. However, divorce does not mean that the sponsor is no longer financially responsible. A sponsor can still be held financially responsible for a former spouse.
However, if the legal permanent resident falls on hard times and has to apply for means tested public assistance, the sponsor can be asked to repay any benefits paid to the legal permanent resident. In some cases, the government agency that paid out the benefits may sue the sponsor to recover the benefits.
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If you are considering acting as a sponsor for a relative, it is important to understand the obligation of sponsorship. However, in many cases, the sponsored applicant who receives the opportunity to work in the U.S. can provide this or her own support and even provide support to the sponsor. For more information on how to sponsor a relative’s application for an immigrant visa or for legal permanent residence, you should contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
Does the United States Allow Dual Citizenship?
Immigrants who become United States citizens through naturalization sometimes end up holding dual citizenship automatically. This means they remain citizens of their country of birth, as well as citizens of the United States at the same time. Sometimes, these new citizens may be worried that they are jeopardizing their American citizenship by continuing to hold on to their prior citizenship, and as a result, they renounce their other nationality.
While United States law does not specifically allow for dual citizenship, it also does not specifically prohibit it, and many American citizens do hold dual citizenship. There are some ways in which a person who was born a U.S. citizen can lose U.S. citizenship by specifically applying for citizenship in another country with the intention of renouncing their U.S. citizenship.
The oath immigrants take upon becoming American citizens sometimes causes some confusion as to the consequences of becoming a citizen. This is because it requires immigrants to pledge their allegiance to the United States and renounce all loyalty and allegiance to another sovereign. However, for citizens of other countries, the oath they take upon becoming a U.S. citizen does not change their status in their home countries unless the laws in those countries say that taking the oath renounces the other country’s citizenship.
There are numerous advantages of dual citizenship, with travel being the greatest. Dual citizens may be able to travel to various countries without requiring visas and advanced approval either by using their U.S. passport, or the passport of their other nationality. Dual citizens should consider which passport affords them more advantages in the country to which they are travelling beforehand.
Sometimes, having dual citizenship can affect how the U.S. government may be able to help citizens abroad in a country where they hold citizenship. This is why the State Department discourages dual citizenship. Additionally, citizens of other countries may be required to pay taxes and meet other obligations even if they live primarily in the United States. Depending on the law of that other country, failure to meet these obligations may mean legal problems if the person seeks to later take advantage of their citizenship to buy real property or engage in other business in that country.
U.S. citizens who live abroad as citizens of other countries are also required to pay taxes on their foreign investments, and meet other obligations of their American citizenship. Failing to pay taxes owed under U.S. law can subject a U.S. citizen to charges of tax evasion, no matter where he or she lives or works. Sometimes, the high rate of taxes required of foreign earners has led some American citizens to renounce their citizenship, although there are also other tax implications for people who renounce their citizenship.
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If you hold dual citizenship and are concerned about how your status as a citizen of another country and how actions you take as a citizen of that other country can affect your American citizenship, you can seek more information from an experienced immigration attorney. For a consultation, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California for a consultation.
DACA Recipients and the Fear of Deportation
Undocumented immigrants who were brought into the country illegally as children were given an opportunity to apply for protection from deportation through the Deferred Action for Childhood Arrivals (DACA) program implemented under the Obama Administration in 2012. Under this program, DACA recipients, also known as Dreamers, were allowed to work legally and go to school as long they registered with immigration officials and met other conditions. It has generally been understood that DACA recipients would not be subject to deportation if they consistently met their requirements.
Recent news of a California resident who is reportedly the first DACA recipient to be deported since the change in government may have other DACA recipients worried that the safety afforded by the program may soon become a liability because registration make it easier for them to be found by immigration officials. However, while the news of DACA recipients being deported may be surprising, nothing has changed in the law to specifically allow for the deportation.
Deportation was always possible under the DACA program, but a DACA recipient was eligible for deportation if he posed a threat to national security or public safety. This means that for the most part, as long as the DACA recipient did not get into major trouble with the law, the chance of deportation was low. This also means that currently immigration officials may exercise more discretion to deport more DACA recipients based on a more relaxed definition of who poses a threat. However, there has been no public announcement of a shift in policy to increase the deportation of DACA recipients.
If you are a DACA recipient and your status is not expired, you can take some steps to ensure that you are not immediately deported if immigration officials pick you up on another matter. The most important thing is to make sure you carry your DACA documentation with you at all times. This will not protect you in every case, and you may still get detained for a period of time. However, immediate deportation will be less likely if you can show you have current DACA status.
Another key step is to know your rights. Police cannot stop you to question you about your immigration status without probable cause or a warrant. You also have the right to remain silent if you are arrested, and you should exercise that right. Do not give the police details that could hurt you later. Finally, if you are picked up and detained, do not sign any paperwork presented by immigration officials without your attorney.
The feeling of security that DACA may have given some may be decreasing, and eligible dreamers who had not yet filed applications for DACA status may be more reluctant to do so now. There are benefits to applying for and updating DACA status, however, before applying, it may be best to talk to an immigration attorney and decide if it is the best move for you.
Contact an Experienced Immigration Attorney
If you have an immigration related issue, or have received a removal order for your deportation, you should contact us for legal assistance. Contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP today.
Can Undocumented Workers Receive Workers’ Compensation?
Undocumented workers are just as likely to be injured on the job as other workers who are legally allowed to work in the United States. However, when they are injured, undocumented workers may be hesitant to apply for the workers’ compensation benefits they are entitled to because they are afraid that will lead to them losing their jobs or being deported. Some workers also argue that undocumented workers should not receive benefits because they are not really employees, as they are not legally permitted to work.
States have their own laws governing workers’ compensation, and can include undocumented employees into the definition of qualifying employees under the law. California’s workers’ compensation law does this, and therefore, undocumented workers who are qualifying employees are eligible for workers’ compensation benefits.
If the undocumented worker is an independent contractor, he or she cannot receive these benefits because they are only available to workers who qualify as employees. In some cases, the employer may improperly label an employee as an independent contractor. In those cases, a court can determine if the employee is properly classified.
If an undocumented worker does not qualify as an employee for workers’ compensation purposes, he or she may still file a personal injury lawsuit against the employer and anyone else who is liable for injuries sustained in a workplace accident. As with workers’ compensation benefits, a person’s immigration status is not a factor in who is allowed to file a personal injury lawsuit in California, and undocumented immigrants can legally file lawsuits.
While the law allows undocumented workers to collect workers’ compensation benefits, it may be difficult to do so in reality. Some employers may threaten to report workers who claim these benefits to immigration officials. This can force workers to forgo important rights in order to avoid deportation. Unfortunately, undocumented workers may be deported even if they have a valid claim against their employer, and the employer’s action in trying to blackmail the worker would not be applicable as a defense to deportation.
However, workers should remember that the employer also faces fines under the federal law for hiring undocumented workers. The employer’s threat may be just that, a threat, because the employer may not want to bring attention to his or her employment practices. Undocumented workers who believe they have a workers’ compensation case should seek advice from a workers’ compensation attorney.
Undocumented workers have additional workplace rights regardless of their immigration status. If an undocumented worker feels unsafe due to workplace conditions, he can file a complaint with the California Department of Industrial Relations.
Contact Us for Employment Related Immigration Issues
All workers should be protected and offered a safety net in case they get injured on the job. Being an undocumented worker in California does not mean that you do not have workplace rights. If you have any immigration issues related to working in the United States illegally, we may be able to provide legal assistance. 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.
Birthright Citizenship and Immigration
Birthright citizenship has at times been a controversial topic when discussed in the context of immigration. This is because critics argue that allowing children born in the United States to automatically become citizens encourages illegal immigration. However, birthright citizenship is guaranteed under the United States constitution and cannot be changed without a constitutional amendment.
What does this mean for foreign citizens who are in the country, legally or illegally, when they give birth? Generally, the immigration status of the mother and father of a child born in the United States does not change the minute the child is born and acquires automatic citizenship. In some cases, the child may also automatically acquire the citizenship of the parents’ country upon birth, but this does not mean that the child is not also an American.
Parents cannot renounce American citizenship on behalf of their children. Therefore, a parent who does not wish for his or her child to gain automatic citizenship should not give birth to the child in the United States. There are many benefits to citizenship, so it is rare for a parent to want to renounce the child’s American citizenship.
This is part of the reason that there is a booming business in what is known as birth tourism. This term is used to describe travel to the United States, generally on tourist visas, by foreign women who are pregnant with the goal of having their children in the country. Once the child is born, the parents return to their country of origin and raise their children there.
When the child grows up, he can apply for lawful permanent resident status for his parents if he so chooses. In addition, the child can access other opportunities that would be difficult for a foreigner to get, for example, a better chance at admission to a university, employment in the country, or owning property.
Pregnant women traveling to the United States for the sole purpose of giving birth here may run into some issues gaining a visa and being allowed into the country. Immigration officials may require evidence that the woman does not intend to stay permanently within the country, if she is applying for a nonimmigrant visa. The parents may also be expected to prove that they will be able to pay for the cost of the delivery and any other medical complications that may arise. This is because immigration officials do not want the mother and child to be dependent on government resources.
It is important to remember that even if the consulate or embassy in your home country approves a visa, the border patrol agent at the border could still deny you entry into the country. It is therefore best to have a backup plan.
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If you are an American citizen seeking to sponsor an application for lawful permanent residence on behalf of your parents or siblings, contact us for assistance with the process, and to learn more about what information you will be required to provide in the application. Contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
How an Arrest or Conviction Affects Immigration Status
The fact that a potential immigrant has engaged in criminal activity can have far-reaching, negative consequences for him or her. A person’s immigration status and ability to apply for a visa can be affected by an arrest or a conviction, even for what some may consider minor crimes. A delay in a visa application can mean a cancelled trip or a missed semester from school.
Other than the risk of conviction and having a criminal record, immigrants who find themselves in legal trouble can lose the ability to stay in the United States. Even immigrants who are in the country legally at the time of the arrest are subject to what are called collateral consequences, which are changes to their immigration status based on a conviction in an unrelated criminal case.
When a person is arrested, he or she gets fingerprinted and otherwise processed through a national system, National Crime Information Center (NCIC), and therefore, if he or she applies for a change in immigration status or a visa, the arrest can raise a red flag and delay the application. If convicted for a crime following the arrest, there is a higher risk of deportation. Plea bargains, by which the immigrant pleads guilty to a crime in return for a more lenient sentence, are also counted against the immigrant much in the same way as a conviction.
Lawful permanent residents can be deported after a criminal conviction much in the same way as an undocumented immigrant, and the Supreme Court has held that a person’s criminal defense attorney is required to advise him or her of this fact. If your defense attorney failed to advise you of this fact, you can appeal your conviction on the grounds of ineffective assistance of counsel, and ask for a new trial.
While there are a wide range of crimes that could result in deportation, lawful permanent residents should pay attention to one class of crimes in particular – crimes involving moral turpitude. A lawful permanent resident becomes eligible for deportation if he or she commits a crime involving moral turpitude within five years of entry into the country, and receives a sentence of at least one year imprisonment.
Crimes involving moral turpitude are not defined under United States immigration law, and can be a property crime such as theft, or a crime against a person such as murder or aggravated battery. It is up to a court to determine if the crime a lawful permanent resident is convicted of qualifies as a crime of moral turpitude, and can therefore be the basis for deportation.
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In some cases, the consequences of a criminal conviction are less serious and simply result in a delay in the processing of a visa. However, for other immigrants, a criminal conviction could result in deportation. Therefore, if you were arrested or convicted in relation to a criminal matter, and you are worried about how that will affect your immigration status, you need to talk to an experienced immigration attorney. Contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
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.
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