California

Under former section 212(c) of the Immigration and Nationality Act (“INA”), immigrants who were found guilty of or pleaded guilty to serious crimes before 1997 may be eligible to apply for discretionary relief from inadmissibility or deportation. To qualify, an immigrant must: Be present in the U.S. lawfully; Be a lawful permanent resident (green card …

L-2 visas are issued to the family of foreigners on L-1 employment visas in California. Family members eligible for L-2 visas include: the spouse of the L-1 visa holder, and/or the unmarried child (under age 21) of the L-1 visa holder L-2 visas cost $190 and take up to one month to obtain. L-2 visa …

Voluntary departure is a way that non-citizens facing removal in California may leave the U.S. without a removal order. Unlike removal orders, voluntary departure does not prevent aliens from returning to the U.S. at a later time. Aliens may request voluntary departure from either: Immigration and Customs Enforcement (ICE) (prior to any legal proceedings), or …

Foreigners with M-1 visas may come into the U.S. to attend vocational schools in California. The two main requirements for getting an M-1 visa are being accepted to a vocational/technical school, and having sufficient funds to study full-time. M-1 visas cost a total of $510. Foreigners with M-1 visas must take a full course load and …

An alien who has lost an immigration court proceeding can often ask the immigration court to reconsider the case.1 A motion to reconsider a case in immigration court can be filed when the immigrant believes the judge incorrectly applied: The law, Existing facts or Federal immigration policy. If, on the other hand, there are new …

People who lose their immigration court proceedings may be able to ask the court to reopen or reconsider their case.1 A motion to reopen a case in immigration court is based on new facts that were not known or in existence at the time of the original hearing. A motion to reconsider is based on …

California Penal Code § 1473.7 PC allows you – if you are no longer in criminal custody – to file a motion to vacate a judgment in a criminal case. The motion can be based on either: A prejudicial error which damaged your ability to meaningfully understand, defend against, or knowingly accept the actual or …

The Violence Against Women Act (VAWA) allows a battered immigrant spouse, child or parent of either gender to file an immigration petition without their abuser’s knowledge. If approved, a VAWA petition lets the applicant work in the United States and become a legal permanent resident (“green card” holder). To help you better understand VAWA petitions and …

Non-U.S. residents who are convicted of a serious crime or in the country unlawfully may be served with a Notice to Appear (NTA) in immigration court. Receiving an NTA does not necessarily mean an immigrant will be deported. It means the immigrant must go through the immigration court process in front of an immigration judge. …

O-1 visas permit foreigners to take a temporary job in California if they have an “extraordinary ability” in either: the arts, movies or TV, or sciences, education, business and athletics In California, O-1 visas are common for foreign film actors, athletes, visiting professors, and technology executives. O-1 visas usually last no longer than three (3) …

"Padilla Motions" (vacate a guilty plea & avoid deportation)Watch this video on YouTube A Padilla motion is a motion to reverse a guilty or no-contest plea for non-US-citizens whose attorney did not properly advise them of the immigration consequences of pleading guilty to a crime. If successful, it can potentially undo a conviction and allow the defendant …

“Parole in place” (“PIP”) allows certain aliens who entered the U.S. without inspection to obtain an unlawful presence waiver and adjust their status to lawful without leaving the country. An alien is eligible for PIP if he or she: Entered the United States without permission, AND Is the spouse, child or parent of a U.S. citizen who: Is on active duty …

Non-U.S. citizens at risk of deportation are often able to claim asylum in the U.S. or “withholding of removal.” They can do so if they would face persecution or torture in their home country. An alien is not eligible for such relief, however, if he or she has been convicted of an offense considered a “particularly serious …

H-2B visas allow California companies to sponsor foreigners to work for them in the U.S. for one (1) year. H-2B visas may be granted to non-agricultural laborers, skilled or unskilled. The three central requirements for H-2B visa-holders are: They have a job offer, They plan to leave the U.S. once the job ends, and There …

Citizens and lawful permanent residents of the United States (green card holders) may file petitions for immigrant visas for certain close relatives. They can do this with Form I-130, Petition for Alien Relative. Relatives eligible for visas through an I-130 include spouses, children and unmarried siblings. The cost to file a Form I-130 is $535 for …

Aliens whose countries are too dangerous for them to return to may be able to get Temporary Protected Status (TPS) in the United States. TPS allows aliens to live and work in the U.S. until it is safe for them to return home. To help you better understand how to get Temporary Protected Status, our …

5 Ways to Get "Post-Conviction Relief" for Immigration PurposesWatch this video on YouTube If you are not a US citizen, a California criminal conviction can lead to deportation or other dire immigration consequences.1 But it may be possible to petition a court to grant you post-conviction relief by, for example, vacating or modifying your conviction. This, in turn, may …

“Provisional unlawful presence waivers” waive inadmissibility to obtain a U.S. green card because of unlawful presence in the United States.1 They do not apply to any other grounds of inadmissibility – such as the commission of an aggravated felony or other inadmissible crime. 601a waivers are available to immediate family members of U.S. citizens and lawful permanent …

Since 2000, California has welcomed well over 100,000 refugees. A refugee is a foreign national currently outside the United States who cannot return to his/her home country due to fear of persecution for his/her: race, religion, nationality, membership in a particular social group, and/or political opinion There is no fee to apply for refugee status …

Immigrants to the United States who obtained conditional permanent resident status through marriage can use an I-751 petition to remove conditions on residence. To help you better understand how to remove conditions with an I-751 waiver, our California immigration lawyers discuss, below: 1. Who can use Form I-751? 2. Do I need to file jointly …

Spousal visas permit Californians to sponsor their foreign husbands or wives to come to the U.S. Also called marriage visas, spousal visas extend legal permanent resident status to non-citizen spouses of (1) U.S. citizens or (2) green card-holders. The process of petitioning for a spousal visa takes up to a year, and the fee is $535. Foreign spouses may be eligible for spousal …

Foreigners may get L-1 visas to work temporarily for their employer in California if they: are managers, executives, or have specialized knowledge, and worked abroad for their employer for at least one (1) year within the previous three (3) years. Examples of companies that sponsor these foreign “intracompany transferees” to work in California on L-1 …

A Truvada lawsuit is a claim against the pharmaceutical company Gilead Sciences, Inc. for the dangerous side effects of Truvada. Truvada is an antiviral medication prescribed to treat and prevent HIV and AIDS. But it has been linked to kidney disease and bone damage. The pending lawsuits allege that: Gilead delayed a safer drug for a decade in order to boost profits …

DMV probation can be imposed when a motorist is found to be a negligent operator. The Department issues an Order of Probation to inform the driver that it has started the process to suspend the motorist’s license. The order is sent per California’s Negligent Operator Treatment System. Once a license is suspended, the driver is put …

The “Criminal Court Process” in California – How It WorksWatch this video on YouTube California’s “criminal court process” refers to how a criminal case proceeds, from arrest to sentencing and possibly appeal. The criminal court process may differ slightly depending on if you are charged with an infraction, misdemeanor, or felony offense. Infractions – which …