Visa Lawyer Blog

Articles Posted in First Time Clients

by

513153112_79ea77011e_z
On October 28, 2014 the U.S. Department of Homeland Security issued a policy memo regarding the effect of assisted reproductive technology (ART) on Immigration and the Acquisition of Citizenship under the INA (Immigration and Nationality Act) in an effort to shed light on the issue of genetic relationships between parents and children.

The memo outlines that under the INA, if a non-genetic gestational mother has carried and given birth to a child, and is also the child’s legal mother, that mother would possess the same legal status as that of a genetic legal mother’s under the Immigration and Nationality Act. This is groundbreaking news given that prior to this policy change, a genetic relationship between a U.S. Citizen parent and their child was required in order for the child to gain an immigration benefit and acquire citizenship at birth via their parents.

Under this policy for the purposes of immigration the following has changed:

Continue reading

by

6886069226_c51dae64e0_z

According to new reports released by the U.S. Border Patrol, the surge in Central Americans crossing into the United States is dropping at an alarming rate—approximately 60% fewer unaccompanied minors were apprehended during the month of August, in comparison to the summer months, a time when the migration crisis was in full effect in Central America. These unaccompanied minors make the perilous trek north from their Central American countries due to the violence they have encountered right at home.

The report suggests that the primary reason for the sudden drop is owed to the Mexican government’s crackdown on Central American immigrants. According to the report, increasing pressure on Mexico to instill effective deterrents has resulted in increased arrests and deportations of thousands of Central Americans, making it harder for such migrants to reach the American border.

Bowing to American pressure, the Mexican government recently announced a plan to militarize the southern border by placing federal forces along it. As part of these plans, the government will be setting up interior checkpoints, whereby authorities can inspect buses and vans carrying passengers into northern Mexico. Setting up checkpoint will also allow the authorities to ID passengers and question them. Additionally, Mexican authorities have forbidden migrants to board the infamous lumbering freight train known as ‘La Bestia,’ or the Beast in English. Many Central Americans and children have died while attempting to board such freight trains bound for the United States border. What does this mean for Central American immigrants journeying north? A longer and more dangerous journey ahead of them. According to the Mexican interior ministry, since the crackdown, approximately 30,000 Central Americans have been apprehended and sent back home; 20,000 of which were minors. Central Americans who have sought shelter from authorities in Mexico say that they are afraid of being turned in by Mexican authorities, according to news reports by NPR. Pro-immigrant activists argue that the work being done by Mexican authorities should be done by United States authorities which are better staffed and have better resources. Moreover, they argue, that despite the crackdown, nothing has changed in Central America. Central American countries remain impoverished, and innocent children are left to suffer the consequences of living in a country where impunity and violence run rampant. These critics argue that much more must be done and the issue is much more complex than the American and Mexican government are admitting. Critics insist that the issue is bilateral and humanitarian in nature. Congressional oversight will be necessary to tackle the issue.

Continue reading

by

Prospective clients often ask our law office, how long does the adjustment of status to permanent resident usually take? At what point can I legally work in the United States? How can I obtain my social security number and driver’s license? When can I travel internationally?

Below is an approximate timeline that will give you an idea on what the current wait times are for the adjustment of status process, based on your marriage to a U.S. Citizen:

Capture
During the 2-3 month mark, the applicant will receive a very important document in the mail, known as the employment authorization card. The employment authorization card is important for a variety of reasons:

Continue reading

by

Creative Company Conference 2011

Start-up companies face several legal concerns when first starting out, from choosing the best legal entity option to drafting airtight contracts. Below is a list of some of the common legal concerns and pitfalls that start-up companies should consider and address when opening its doors in the United States.

Immigration and Visa Issues

The most important concern of any U.S. start-up company should be making sure that its founder can stay in the U.S. Without the presence of the founder, the company will suffer or even fail. Therefore, it is imperative that start-up company founders ensure that the proper immigration procedures have been followed and that a proper visa application has been submitted and approved. Hiring an immigration attorney offers you the best chance of success and alleviates the concern of a minor error delaying or causing a denial of your application. There are several immigration visa options available to entrepreneurs and business owners wishing to come to the U.S. It is important that you understand the benefits and downsides of each one and chose the best visa that fits you. In addition, the founder should keep track of the expiration date of his or her visa and request an extension as necessary.

Intellectual Property

Start-up companies need to address and protect their intellectual property at the very outset of their business. This avoids the prospect of getting a couple years into the company only to realize that it must change its name or the name of a popular product or service because another person realized the company is using a variation of their name and wishes to sue you. Therefore, you should trademark your company’s name and products at the beginning. You should also address any patent, service marks, or copyright concerns, if applicable to your start-up, for the same reasons.

Continue reading

by

wedding-1353829_1920If you are adjusting your status to permanent residency, based on your marriage to a United States citizen, chances are you are already thinking and may even be dreading your interview.

All green card applicants, who have filed Form I-485 Application to Register Permanent Residence or Adjust Status, based on their marriage to a US citizen, can expect to receive an initial interview notice scheduling both the green card applicant and their US Citizen Spouse to appear at a local office on the date and time indicated on the appointment notice. The initial interview notice typically arrives in the applicant’s mailbox about 3-4 months from the receipt date. The actual interview takes place about one month after receiving the initial interview notice.

Many of our clients begin to wonder about the marriage interview early on and it is a reoccurring topic in our consultations with couples who are ready to start the process. Couples have asked us countless times ‘so are they going to ask me what side of the bed my spouse sleeps on, what color my spouse’s toothbrush is, or about the last time we were intimate.’ The answer to this question is no, not at the initial marriage interview. Like the thousands of couples who have already gone through the interview process, and the thousands more who will go through the very same process in the future, your interview will also be successful with the right preparation and representation.

Continue reading

by

2583548876_29ce8b50e7_o

By Lupe Lopez

Just a few weeks ago, Maria Elena came in to get information for her parents.  Her brother, a U.S. citizen, had just turned 21 and they wanted to know if the parents would be able to get their green cards when their son filed a petition for them.

While discussing the issues related to their parents’ case, we spoke to Maria Elena about her status as well.  We found that Maria Elena was 29 years old and had been in the U.S. since she was 5 years old.  She did attend school in the U.S. her entire life and was just a few credits short of fulfilling the requirements for her high school diploma when she had to drop out of high school due to pregnancy.

Maria Elena was now married to Jorge, her baby’s father but he, too, had entered the country illegally as a child and has not obtained legal status.  Jorge graduated two years before Maria Elena and was able to finish two years of community college before he had to stop going to school so he could support Maria Elena and the baby.  Even though Jorge had an Associate’s Degree in biology, he could not get a job.  His friends who had graduated with him were able to get jobs at local biotech firms, but he did not have a social security number or legal work authorization.  Both he and Maria Elena struggled to find consistent and meaningful work.

Continue reading

by

5939055612_9312bc2cab_z

Start-up entrepreneurs who wish to come to the U.S. to open a business have several immigration options. It is important that you understand the requirements, benefits, and downsides of each and choose the one that best fits your situation.

B-1 Business Visa

A B-1 business visa is a non-immigrant visa issued to those who wish to enter the United States for a business purposes. You are eligible to apply for a B-1 visa if you want to consult with a business associates, participate in a required medical clerkship without any remuneration, embark on independent research which does not benefit any U.S. institution, or participate in educational, professional scientific or business conventions, seminars, or conferences.

The validity period for this visa will differ depending on your country of origin. If you are seeking entry into the U.S. for business reasons for the first time, you may be allowed to stay in the U.S. for a period of time long enough to enable you conduct your business. However, the maximum period of stay allowed per visit is 6 months. But you can also apply for another six-month extension if you needed. A B-1 visa can be used for multiple entries in so far as it has not expired.

There are certain tasks that you are and are not allowed to do while in the U.S. on a B-1 visa. If you are in the U.S. with a B-1 visa, you are allowed to negotiate business, discuss planned purchases or investment, solicit sales or investment, attend and participate fully in meetings, conduct business research, and interview and hire staff. You are not allowed to look for employment, run a business in the U.S., or to take part in sporting and entertainment events as a professional.

Continue reading

by

5208219087_7d6882778f_z

The O-1 visa is a great option for those who have a demonstrated record of extraordinary achievement in their field. In order to obtain an O-1 visa, one must be an alien with a proven track record of extraordinary ability in the sciences, arts, education, business, or athletics. Proving that you are extraordinary in your field is not always an easy task. However, there are several steps you can take to help ensure that your application for an O-1 visa is approved.

Include all required documentation

First, you need to ensure that you completely and accurately fill out the O-1 visa application, Form I-129. Next, you need to make sure that you include in your application package all of the other required documentation, such as a written advisory opinion from a peer group, a copy of the written contract between you and your employer, and your itinerary. If you accidentally forget to include these documents, you risk having your application delayed or even denied.

Provide sufficient and convincing evidence

The most important step in filing your O-1 visa application, however, is including sufficient and convincing evidence that you are an alien of extraordinary ability in your field. The evidence you include needs to prove that you have received a major, internationally-recognized award or, if you have not done so, you need to prove at least three other listed achievements.

Continue reading

by

By Lupe Lopez

8463683689_baa33ca431_z

Richard and Micaelina met when they both first started attending school at the University of California, San Diego (UCSD).  It was easy to see why Richard had fallen in love with Micaelina, an articulate and funny Italian beauty.  After two years of dating they decided to get married and begin the immigration process for Micaelina.  They had everything in order except one little thing; well, maybe not so little.  Being a full time student, Richard did not earn enough money to fulfill the requirements for the Affidavit of Support.  They would need a joint sponsor; that is, a person with enough annual earnings or assets to qualify for the affidavit.

Richard had not thought of this.  Both he and Micaelina had depended upon student loans and their parents for most of their expenses.  Although Micaelina’s parents were well off and could continue to help the young couple, they were foreigners with no legal status in the U.S. thus disqualifying them as joint sponsors.  Richard’s parents are hard-working middle class people with other children they need to support.  They are not poor, but because they already claim several dependents, they, too, did not qualify.  Most of Richard and Micaelina’s friends were students just like them and they did not earn sufficient money to help the young couple.  After many months of searching for a suitable sponsor and one who was willing to sign the Affidavit of Support contract between the sponsor and the U.S. government, Richard and Micaelina finally found a person willing to help them.

Richard and Micaelina are not alone.  In our constantly busy office, there is not a single week that goes by where we do not run into this same problem.  When the Petitioner, in this case Richard, does not earn enough or have enough assets to fulfill the requirements for the Affidavit of Support it can be more difficult than expected to find a joint sponsor.

Continue reading

by

14274156283_bc0dd91ef0_z

On September 19, 2014 the California Department of Motor Vehicles released a statement detailing the progress it has made to date in order to implement Assembly Bill 60, operative January 01, 2015. Assembly Bill 60 was signed into law by Governor Edmund G. Brown Jr on October 2013 for the benefit of all California residents. The bill promises to improve public safety, for all Californians, by requiring undocumented persons to go through the same licensure requirements as legal permanent residents and U.S. Citizens, residing in the state of California. In addition, applicants will be required to provide satisfactory proof of identity and California residency, though exact documentation requirements are still being deliberated and have not officially been made public. To view the proposals on documentation required please click here. The fee for the AB 60 driver’s license will remain the same as the fee for original driver’s licenses at $33.00. Before AB 60, applicants could not apply for a California driver’s license because of their inability to submit the required proof of legal presence in the United States. The Department of Homeland Security recently notified the DMV that the state’s most recent AB 60 driver’s license design had met the standard required to move forward to the production stage.

Since its adoption, the California Department of Motor Vehicles has held over 80 public outreach events throughout California, educating local communities on the implementation of the new law. Additionally the DMV has hired new staff, organized department-wide training, and opened temporary offices, with the purpose of facilitating extra appointments for the nearly 1.4 million anticipated new driver’s that will apply during just the first three years of AB 60’s implementation.

The DMV has launched such outreach events with the support of foreign consulate offices, community and church organizations, law enforcement, and other local officials. At these events the DMV has explained the licensing requirements under the new law, encouraged the undocumented community to study for the written driver’s license examination early on, and provided tips to the undocumented community on how to study for the exam.

Continue reading