California

California Health and Safety Codes 11377-11379.6 HS make it a crime to possess, sell, transport, or manufacture controlled substances such as methamphetamine. Simple possession is typically a misdemeanor charge that can get dismissed without jail if you complete drug diversion. Most other meth charges are felonies, though judges may grant probation instead of incarceration. California …

California Health and Safety Code 11362.5 is better known as Prop. 215, the California Compassionate Use Act (“CUA”). The CUA was passed into law by voter approval in 1996.1 It allows you to legally possess, cultivate or transport marijuana in California if: The marijuana is used to treat a serious medical condition2 It is for …

Under California law, “loitering” itself is not a crime. However, it can be charged as an offense under certain California Penal Code sections if it is done with certain other acts. Some of these penal code sections include: PC 647h, loitering to commit a crime PC 602, trespass, PC 416, failing to disperse, PC 653.22, …

Penal Code 1170.9 is the California statute that allows qualified veterans to undergo treatment as a consequence of a criminal conviction, instead of serving time in county jail or California state prison. In contrast to other statutes like Penal Code 1001.80, allowing for military diversion in lieu of trial, PC 1170.9 is a form of …

As a cop, you’re trained to investigate crimes and put away bad guys. But what happens when it’s you who’s accused of being the bad guy?  Where can you turn for protection when Internal Affairs and criminal prosecutors come calling? Our California internal affairs defense attorneys can help.  We’re former cops and prosecutors. So we …

Penal Code 978.5 PC is the California statute that authorizes a judge to issue a bench warrant for your arrest whenever you fail to appear in court. The full text of the statute is as follows: 978.5. (a) A bench warrant of arrest may be issued whenever a defendant fails to appear in court as …

Foreign students who wish to travel to the U.S. to study in California need an F-1 student visa. The three main requirements for getting an F-1 visa are getting accepted to an academic institution, having enough money to pay for tuition and living expenses in the U.S., and intending on leaving the U.S. after school ends. The F-1 visa …

A visa is a passport endorsement that permits foreigners to enter the U.S. The majority of visa-holders in California are sponsored by U.S.-based relatives or employers. The U.S. offers about 185 different classes of visas. Each has its own application requirements, costs, processing times, and expiration dates. Immigrant visas are for foreigners seeking legal permanent …

Under California Penal Code 801.1 PC, prosecutors must file charges for certain sex-related felonies: By the victim’s 40th birthday, if the victim was under 18 years of age when the offense occurred; or, Within 10 years of the offense, in cases involving adult victims. There are two exceptions to the laws in Penal Code 801.1. …

Aliens residing in California may be eligible to “adjust status” to legal permanent residence (LPR) without leaving the U.S.  Adjustment of status is only available to immigrants who are qualified to get a green card, and on U.S. soil. Non-citizens who wish to get green cards while outside of the U.S. instead have to go …

3 steps to becoming a U.S. citizen in CaliforniaWatch this video on YouTube Legal permanent residents (green card holders) living in California may be able to naturalize to become U.S. citizens. Naturalized citizens enjoy the same rights and privileges as U.S.-born citizens. The naturalization process requires filling out the N-400 form, attending an interview, passing the citizenship test, and taking the …

An immigrant whose application to the U.S. Citizenship and Immigration Services (USCIS) is denied can appeal the decision to the Administrative Appeals Office (AAO).1 The AAO considers appeals of some 50 types of immigration applications and petitions. These include most employment-based and non-immigrant visa applications and permission to reapply for admission to the U.S. after deportation (I-212 waiver). Appeals …

Advance Parole is permission granted to qualified foreign nationals to re-enter the United States after temporarily traveling abroad. Non-citizens who can apply for advance parole are those who do not have valid immigrant visas and: Have pending applications for adjustment of status (“green card”) or Have pending applications for or have been granted: Asylum in the United …

Aggravated felonies are a class of crimes that carry serious immigration consequences for non-U.S. citizens who suffer convictions. Federal law designates some 30 crimes as aggravated felonies. These include violent felonies such as murder, rape and kidnapping. But a crime does not need to be a felony to be considered an aggravated felony. It doesn’t …

7 Best Ways to Stop Deportation in Immigration Court — Top Defense Lawyer ExplainsWatch this video on YouTube Even though the mass deportations under the Trump Administration have been dominating the news, there are numerous ways to stop removal (deportation) in immigration court. Both federal law and California law provide various protections for documented and …

An immigrant who loses an immigration court hearing, or whose immigration application is denied, has the right to appeal the decision. Our immigration appeals lawyers handle appeals of all types of immigration matters – from deportation orders to denials of visas or requests for asylum. Removal (deportation) orders and other decisions by immigration judges are appealed …

3 things you must prove to get U.S. asylumWatch this video on YouTube Aliens in California may be able to get asylum to stay in the U.S. if they face persecution in their home country for their: race, religion, nationality, membership in a particular social group, and/or political opinion It is free to apply for …

In immigration court, a bond is a deposit of money that lets an alien return home while his or her deportation case proceeds. Bond works the same way as bail does after a criminal arrest. If the immigrant does not appear in immigration court when required, the bond money is forfeited. To help you better understand …

The Board of Immigration Appeals (BIA) hears appeals from decisions by immigration judges.1 This contrasts with determinations made by officers from U.S. Citizenship and Immigration Services (USCIS), which must be usually appealed to the Administrative Appeals Office (AAO). Matters that can be appealed to the BIA include, among others: Final removal (deportation) orders, Denial of …

Cancellation of removal is a way that aliens in California facing deportation or removal may be able to remain in the U.S. Green card-holders may be eligible for cancellation of removal if they: have had green cards for five (5) years, have been living legally in the U.S. for seven (7) years, and have no convictions for an aggravated felony. Non-permanent residents …

“CAT” is short for the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. CAT prohibits the U.S. government from returning an alien to any country in which the alien would most likely be tortured. CAT protection is also known as “deferral of removal.” It is similar to asylum and …

U.S. citizens in California may sponsor their foreign fiancé(e)’s children to come to the U.S. on K-2 visas.  In order to qualify for a K-2 visa, the foreigner must be unmarried, under age 21, and the child of a K-1 visa-holder. In this article, our California immigration lawyers answer frequently-asked-questions about K-2 visas in California, including eligibility, …

Californians may sponsor their foreign spouse’s children to come to the U.S. on a K-4 visa. In order to qualify for a K-4 visa, the child must be (1) unmarried, (2) under 21, and (3) the child of a K-3 visa applicant. In this article, our California immigration lawyers answer frequently-asked-questions about K-4 visas in California, including …