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Orange County Immigration & Naturalization Law Blog

Family Preparedness: Having the Tough Conversation with Spouses, Children and Loved Ones

Are you or an immediate family member (meaning spouse, child or parent) undocumented? If so, you belong to a group of an estimated 16 million people in the United States who have "mixed-status" families. If so, know that you are not alone and you have options.

Questions for immigration attorney:

Q: What are my rights if immigration officers ("ICE") come to my house?Even if you are in this country without valid status or are undocumented, the U.S. Constitution affords certain rights. You don't have to open the door or let the officers into your home unless the immigration officers have a valid search warrant, signed by a judge. A warrant is a document signed by a court or authorized government agency. Keep in mind that an ICE deportation/removal warrant or arrest warrant is not the same as a search warrant. The officers cannot enter your house without the search warrant unless you give them verbal permission to come inside. Your verbal permission is called "consent." You have the right to see the search warrant before the officers enter your house (for example, you can ask them to slide it under the door). You can also talk with the officers at the door, without letting them inside.

Making an Immigration Plan

Recent executive orders signed by President Trump, have sparked widespread discussion within the immigrant community. U.S. immigration laws and policy are centerstage. Much of what is being discussed within the immigrant community, although well intentioned, can often be misguided and misleading. In this current situation, having an immigration expert educate you so you can make an informed decision is of course a wise plan.

Immigration: International Students & Post-Graduation Options

Talent transcends borders. It permeates through all obstacles because there is a global demand for skilled labor. The United States is no exception. American corporations need access to the best minds to remain competitive. That is why the United States allows international students with college degrees to remain here after graduation. America is not interested in watching talent leave its shores-it wants to keep it for itself.

Individuals with DACA

Individuals with DACA (Deferred Action for Childhood Arrivals) are able to apply for travel permits ("advance parole") under very specific sets of circumstances: visiting sick relative(s), school or work related travel. If you currently have DACA or believe you might qualify for DACA, reach out to us so we can help determine if you may obtain a travel permit. Returning to the U.S. with advance parole may entitle you to apply for immigration beneficts if you are otherwise eligible. Contact us to schedule an appointment to discuss your options. 

What you need to know about the new memo issued this week by Homeland Security Secretary John F. Kelly

On February 20, 2017 The U.S. Department of Homeland Security issued a Memo outlining the new enforcement priorities for ICE. People that are priority for removal are those that:

The importance of having a qualified immigration attorney in these uncertain times

Immigration policy and enforcement continues to evolve undergoing a large shift and uncertainty abounds. Undocumented immigrants fear ICE knocking at their door and those with lawful immigration status, but who are not yet U.S. citizens, are also uncertain. Concern is understandable, and in times like this it is of the utmost importance that you have the highest level of legal representation in your immigration matters. We hope this brief article alleviates some of those concerns.

H-1B Season is coming

Amidst the seemingly countless waves of change following President Trump's installation, staying informed and proactive is prudent. One particularly useful thing to keep an eye on this time of the year is the H-1B visa. There have been talks of revisions to the H-1B program. President Trump has yet to take any formal action beyond his proposals. H-1B visa season is fast approaching, and the best thing to do now is to understand what the visa is and begin preparations if necessary.

International Entrepreneur Rule

On January 17, 2017, the Department of Homeland Security published the (final) International Entrepreneur Rule. Effective July, 17, 2017, international entrepreneurs should have an easier time starting or continuing a new (started within 5 years proceeding the application) in the United States, if among other things, they can demonstrate that: 1. A new start-up entity was formed; 2. the foreigner owns at least 10% of the entity and has an active or central role in the operations; 3. at least $250,000 has been invested by established U.S. investors or has received at least $100,000 in government grants; or 4. partial combination of the above factors coupled with the ability to provide a significant public benefit to the United States.

CHINESE NEW YEAR BRINGS CHANGE TO IMMIGRATION LAW

Around this time every year, we receive many inquiries regarding the possibility of immigrating to the U.S., work visas, investment visas, and information regarding possible changes in U.S. immigration laws. With a new year and a new Administration upon us, this year is no exception. Many proposed changes have already taken effect and more changes are on the horizon which might change your options. Here are some examples:

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