California

On October 5, 2022, the Fifth Circuit Court of Appeals affirmed a lower court ruling holding that DACA is against the law. If you are a current DACA recipient, you may retain and renew your status while this case continues to work through the legal system. However, no new DACA applicants are being accepted. Read …

The U.S. Immigration and Nationality Act (“INA”) sets forth numerous grounds for the deportation (“removal”) of non-citizens. Common grounds for deportation from the United States include (but are not limited to): Criminal convictions, Being in the U.S. unlawfully, and Fraud. People who are in the U.S. unlawfully have few rights. They can be sent back …

A conviction for a crime of domestic violence or related offense can subject a non-U.S. citizen to deportation (removal). In some cases, it can also make an immigrant inadmissible for re-entry to the United States and ineligible for U.S. citizenship or a green card.Crimes of “domestic violence” affecting immigration include: A “crime of violence” against a current …

Non-U.S. citizens who are convicted of drug crimes face stiff immigration consequences. Simply possessing a controlled substance for personal use (other than a small amount of marijuana) can get an alien deported. And aliens convicted of selling controlled substances or possessing drugs with intent to sell often face mandatory deportation with no chance for lawful …

California is home to many foreigners who earned EB-1 (employment-based, preference 1) visas due to their “extraordinary ability” in science, art, education, business, or sports. EB-1 visas holders have legal permanent status (green cards). Therefore, they may eventually apply to become United States citizens. In California, the EB-1 visa immigrant population includes renowned Stanford or …

EB-2 (employment-based, preference 2) visas allow foreign workers with (1) advanced degrees or (2) exceptional abilities to immigrate to California for a job. Common professions that fall under the EB-2 category in California include UC professors, actors, and nurses. The biggest benefit of EB-2 visas is that they come with green card status. Therefore, the …

Foreigners with full-time job offers in California may be able to immigrate to the U.S. on an EB-3 (employment-based, preference 3) visa if they qualify as either: skilled workers, professionals, or other workers, such as unskilled workers. In California, common occupations for immigrants with EB-3 visas are teachers, graphic designers, and housekeepers. EB-3 visas cost …

Foreigners in California holding an EB-4 (employment-based, preference 4) visa belong to one of the following ten categories: religious workers, doctors broadcasters, military members, International organization employees, Iraqi/Afghan translators, retired NATO-6 employees, Panama Canal Zone employees, Iraqis who have provided assistance to the U.S., or spouses and children of deceased NATO-6 employees. California maintains several …

Foreign entrepreneurs may be able to come to California on EB-5 (employment-based, preference 5) visas if they invest sufficient capital in an American commercial enterprise, and intend to create or sustain permanent, full-time employment for no fewer than ten (10) U.S. workers As the world’s sixth largest economy, California is a hotbed for extensive, international …

Certain aliens who are temporarily in the United States may qualify for a work permit. They can request work authorization using Form I-765, Application for Employment Authorization. Once approved, these aliens will receive an Employment Authorization Document (EAD). There is a fee of $410 for most applicants to file a Form I-765 for an initial …

"Expedited Removal" in US Immigration CasesWatch this video on YouTube Expedited removal is a form of “summary” deportation. It allows the Department of Homeland Security (“DHS”) to deport non-U.S. citizens immediately and without a formal hearing.Under U.S. immigration law, people who can be deported by expedited removal are those who: Entered the U.S. without valid …

Some types of immigration waivers can be granted only if the applicant can show that denial would result in “extreme hardship”. The “extreme hardship” must be to a qualifying immediate family member who is a U.S. citizen or lawful permanent resident (“green card” holder). Depending on the waiver being sought, a qualifying family member is usually …

U.S. citizens in California may sponsor their foreign fiancé(e)s to come to the U.S. on a fiancé/ fiancée visa. These visas are also called K-1 visas. K-1 visas give couples only 90 days to get married after the foreigner comes to the U.S. Following the wedding, the alien fiancé(e) may adjust status to a legal permanent resident. In this article, our California …

Under U.S. immigration law, a conviction for a firearm offense can lead to deportation or other immigration consequences for non-U.S. citizens. For practical purposes, however, convictions for unlawful possession of a firearm in California seldom leads to deportation. California gun crimes usually only carry immigration consequences when the offense also qualifies as: A crime involving moral turpitude (“CIMT”), …

California is home to more than three million foreigners with green cards, also called legal permanent residents (LPR).1 Green card holders may lawfully live and work in America. In California, the main way non-citizens achieve LPR status is through either (1) employment sponsorship or (2) family sponsorship. Ultimately, legal permanent residents may even be eligible to naturalize as U.S. citizens. In this article, our California green …

H-1B visas permit California companies to sponsor foreigners to work for them in the United States. In order to qualify for an H-1B visa, the foreigner has to have a specialized occupation requiring an undergraduate degree. As “non-immigrant visas,” H-1B visas last for no more than six (6) years. However, it may be possible for …

“Withholding of removal” is a mandatory form of protection from deportation for many refugees. It prohibits the U.S. government from deporting a non-citizen to a country in which the immigrant’s life would be in danger because of his or her: Race, Religion, Nationality, Political opinion, or Membership in a particular social group.1 Withholding of removal …

Humanitarian parole allows an alien who is ineligible for admission to the United States to enter temporarily due to a compelling emergency. With humanitarian parole, an otherwise ineligible alien (the “beneficiary”) can get a one-time entry for a specific purpose, such as: Obtaining medical treatment, Visiting an ill family member, Attending a family member’s funeral, …

Section § 212(d)(3) of the Immigration and Nationality Act (“INA”) allows the U.S. Attorney General to waive most grounds of inadmissibility for non-immigrants seeking to enter the U.S. on a temporary basis. Examples include people seeking a B-1 or B-2 visitor visa, an F-1 student visa, or an H-1B worker visa. This waiver is not available to …

Updated March 8, 2022 People who have been deported or ordered removed from the U.S. may not lawfully return to the U.S. for a specified period of time.1 If they wish to do so before that time period is up they must seek a waiver from the U.S. government. This waiver is known as an …

8 U.S. Code § 1326 makes it a crime to enter, re-enter or attempt to re-enter the United States if you have: Been denied admission to the U.S., Been removed, deported or excluded from the U.S., or Left the U.S. while under an order of removal or deportation (other than by voluntary departure with permission …

Section 212(h) of the Immigration and Nationality Act (“INA”) authorizes discretionary waivers of certain “inadmissible” crimes (offenses that prevent lawful admission to the U.S.1 There are four general circumstances in which an alien can request a 212h waiver: When denial of admissibility would result in extreme hardship to the immigrant’s spouse, children or parent who …

Immigration Law: 4 Crimes Making You Inadmissible to the USWatch this video on YouTube Convictions for certain crimes can make a non-US citizen “inadmissible” to the United States. While inadmissibility is not as serious an immigration consequence as deportability, it still has a serious impact on an immigrant’s life and future in the United States.1 If you are inadmissible, …

Foreigners with K-3 visas may live in California with their American spouses while their spousal visa application is pending. In order to obtain a K-3 visa, non-citizens must (1) submit to a medical exam, (2) have a consular interview, and (3) pay a visa fee of $265. In this article, our California immigration law attorneys …