Immigration - The Justice Firm

Post-Conviction Relief

The Justice Firm — Fri, 12 Jul 2024 20:33:47 GMT

There are different ways a person can challenge their conviction and seek post-conviction relief. In the past few years, the California legislature has made significant changes to the state’s sentencing laws in an effort to rectify the devastating results caused by the state’s tough on crime policies, which have led to harsh and excessively punitive sentences and have had an extremely harmful effect on poor and minority communities. Some of the most often used legal ways to challenge a conviction include direct appeals, Habeas Corpus petitions, and motions to vacate a conviction or a sentence among others.

Following a conviction, the first avenue to seek relief is a direct appeal. Simply put, a direct appeal is a request for a review of the trial record to determine if any errors were committed during the trial. Appeals are very complex and the likelihood of success is very low. However, direct appeals are far from the only option to challenge a conviction or a sentence.

If your appeal has been unsuccessful and you are in either actual or constructive (parole or probation) custody, you can still seek post-conviction relief through a Habeas Corpus petition. The petition can be used to challenge a conviction, sentence, or the conditions of incarceration. Habeas petitions do not have the same strict timelines as a direct appeal and can be filed even years after a conviction. Furthermore, a Habeas petition allows for the introduction of new evidence or information that was not part of the trial record.

For people who are no longer in custody, having a conviction on the record can have a severe impact on their lives and can present a serious challenge to moving on and being able to build a decent life. Moreover, for non-citizens, even a minor or a very old conviction can lead to their removal from the country. Fortunately, in 2016, the state legislature passed SB 813, which allowed people who are no longer in custody to challenge the validity of their convictions and to seek post-conviction relief by filing a motion to vacate. A motion to vacate can be filed on three separate grounds including 1) if a prejudicial error had occurred, which damaged the defendant’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence; 2) if evidence of actual innocence had been discovered; and 3) if the conviction or sentence was based on a person’s race, ethnicity, or national origin.

In addition, as part of its ongoing criminal justice reform, the state legislature, recognizing the need for more equitable sentencing, enacted two seminal bills, SB 1437 and SB 775, which effectively eliminated the role of the natural and probable consequences doctrine in murder cases and dramatically limited who can be charged with murder, manslaughter, or attempted murder under the felony murder doctrine. Both bills are retroactive and allow people who have been convicted under the old rules to petition the courts to have their convictions vacated and sentences recalled.

Finally, in an effort to eliminate some of the harshest sentencing enhancements in California, which have added years to countless individuals’ sentences, the state lawmakers have passed several important bills that could serve as a basis to petition the court for resentencing. Some of those laws include, SB 81, AB 2942, SB 1393, and AB 256 among others.

At the Justice Firm, we fight zealously to protect our clients’ rights and we believe that everyone is entitled to the opportunity to build a better future. If you or a loved one is facing criminal charges, or needs assistance with a post-conviction relief, our highly skilled and compassionate attorneys are here to help and to answer any questions you might have. You can contact our experienced California Criminal and Immigration attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

PC 1473.7 Motion To Vacate

The Justice Firm — Sun, 07 May 2023 21:55:57 GMT

Non-citizens, including lawful permanent residents, can experience profound immigration consequences for even minor or very old criminal convictions. Prior to 2017, California law only allowed defendants to challenge their conviction while they were in actual or constructive custody, i.e. parole or probation. As a result, countless people were left with no recourse and way of challenging their convictions. This gap has had a particularly devastating impact on the state’s immigrant community.

Throughout the years, many immigrants in California have entered a plea or have been convicted at trial, without being properly informed of the immigration consequences of a criminal conviction. And for most non-citizens, the immigration consequences of a conviction only come to light when they find themselves in immigration court facing deportation, which, in many instances, can be years after they had completed their criminal sentence. In most of those cases, the only way for a non-citizen to avoid deportation and to remain in the United States is to challenge their criminal conviction. However, because California law did not provide a post-conviction relief for people who were no longer in custody, many people have been unjustly deported, or at best, have been stuck in the backlogged immigration system for years.

Recognizing that there are a large number of immigrants in California who have already finished serving their sentences, but who have not received the proper legal advice about the impact their convictions could have on their immigration status, the California legislature enacted Assembly Bill 813, which was codified as PC 1473.7, and became effective on January 1, 2017. Essentially, the new law gave people who were no longer in custody the ability to challenge their criminal convictions and vacate their judgments. Initially, the law was limited to convictions that were the result of a plea of guilty or nolo contendere. However, in 2021, the state legislature passed AB 1259, which amended PC 1473.7. As a result, as of January 1, 2022, the law now also provides a post-conviction relief for non-citizens who were convicted at trial.

A PC 1473.7 motion to vacate can be filed on two grounds: (1) if a prejudicial error had occurred, which damaged the defendant’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence, or (2) if evidence of actual innocence had been discovered. Notably, the prejudicial error ground for filing a successful motion to vacate does not require a finding of ineffective assistance of counsel. Moreover, in order to establish prejudice, the moving party does not have to prove that he or she would have obtained a more favorable result in the absence of the error.

PC 1473.7 includes a timing requirement that such motions be filed with “reasonable diligence” after receiving a notice to appear in immigration court, other notice from immigration authorities, or after a notice of final removal order, whichever is later.

All PC 1473.7 motions are entitled to a hearing, and if the moving party successfully establishes by a preponderance of the evidence that he or she is entitled to a relief, the motion will be granted, and the conviction will be vacated and erased from the person’s criminal record. However, that does not guarantee that the case will be dismissed. The case will only be dismissed, if the prosecution agrees to dismiss it. In the alternative, the prosecution may offer a different plea, and if not, the case will proceed to trial.

If an individual has a criminal record, obtaining a permanent legal status or citizenship is extremely difficult, if not impossible. At the Justice Firm we fight zealously to protect our clients’ rights and we believe that everyone is entitled to the opportunity to build a better future.

If you or a loved one is facing criminal charges, or needs assistance with a post-conviction relief, our highly skilled and compassionate attorneys are here to help and to answer any questions you might have. You can contact our experienced California Criminal and Immigration attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

The Los Angeles District Attorney’s New Immigration Policy

The Justice Firm — Thu, 15 Dec 2022 21:01:47 GMT

A criminal conviction can have a life changing and potentially devastating impact on anyone. However, under federal law, certain offenses are considered deportable, including controlled substance offenses, crimes of moral turpitude, and aggravated felonies. So, for noncitizens, a criminal conviction brings with it potentially very grave collateral immigration consequences. In many instances, the individuals who are convicted of qualifying offenses, have spent their entire adulthood in the United States, have build their lives and have families here, and have no other place they would call home. Yet, following a criminal conviction, noncitizens face the threat of ending up in immigration court to face a potential removal and deportation to a strange country and permanent separation from their families.

Fortunately, in light of the adverse immigration consequences noncitizens face, some district attorneys are starting to adjust their offices’ immigration-related policies, including the Los Angeles District Attorney, George Gascon. On December 6, 2022, Mr. Gascon issued a new special directive outlining the new immigration policies of the LA District Attorney’s Office, which, among other things, is aiming to address the overly punitive consequences accused noncitizens could face.

First, according to the new policy, prior to when a charging decision is made, any person who is under investigation or their attorney, can present information demonstrating the potential adverse immigration consequences that could follow. In such cases, all charging determinations by the DA office should be made with the goal of avoiding or mitigating any adverse consequences a charge could have, and if there are possible alternatives to charges being filed, the DA office should pursue those alternatives. In addition, the new policy encourages prosecutors to expand the use of pretrial diversion programs that do not require an admission of guilt.

Second, in line with section 1016.3 of the California Penal Code, which requires that in all plea negotiations, the prosecution has to consider the avoidance of adverse immigration consequences as a factor in reaching a resolution, the new directive makes clear that “it is in the interest of justice to endeavor to avoid or mitigate immigration consequences of criminal convictions whenever possible.” Accordingly, the new directive lays out a comprehensive plan for plea bargaining, including:

Allowing for flexibility in sentencing, including splitting sentences across counts, as well as flexibility in sentencing for a probation violation; and
Avoiding sentence enhancements that would turn a neutral offense into an immigration damaging one.

Furthermore, the new directive lays out the Office’s policy on post-conviction relief. In 2016, the California legislature passed section 1473.7 of the California Penal Code, which created a vehicle for noncitizens, who are no longer in criminal custody, to seek post-conviction relief by allowing them to move to vacate prior convictions when there is a “prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence.” In accordance with this, the new immigration policy directs prosecutors to concede without delay all motions to vacate, where it is clear from the record that a defendant was not able to comprehend, defend against, or knowingly accept the immigration consequences of a plea or a sentence.

Moreover, the new policy lists several type of cases in which it can be expected that a motion to vacate would not be opposed by prosecutors. These cases include:

Motions to bring a sentence down from 365 to 364 days;
Proposition 36 cases, where the defendant has completed the drug treatment diversion program;
Post-plea deferred entry of judgment cases;
Marijuana cases, which have been dismissed as part of the mass cannabis record clearance;
As well as cases where the defendant has been in the military and has been honorably discharged.

In general, the new policy makes clear, that regardless of the type of case, in all motions to vacate based on immigration consequences, prosecutors should consider all mitigating factors, including whether the defendant was a juvenile; how old the conviction is; the severity of the crime and the facts of the case; as well as the defendant’s character, including family history, work history, and contributions to the community. And, in cases where it is determined that a different resolution would have been reached, if the adverse immigration consequences had been raised initially, the prosecution should stipulate to a motion to vacate.

At the Justice Firm, we know that the attorney-client relationship is an important aspect of your legal journey and we work hard for all of our clients to achieve the best outcome possible.

If you or a loved one is facing criminal charges, or is seeking post-conviction relief, or needs help with any criminal matter, our highly skilled and reliable attorneys are here to help and to answer any questions you might have. You can contact our experienced California Criminal and Immigration attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

Who Are “DREAMers” And What Is DACA?

The Justice Firm — Thu, 30 Jun 2022 15:47:25 GMT

The “DREAM Act,” first introduced into Congress in 2001, was intended to grant United States citizenship to immigrant children at risk of deportation. The Act stands for Development, Relief, and Education for Alien Minors, and the children it would protect are often called “Dreamers.” The idea behind “Dreamers” is based on the “American dream.” By offering the American dream to so many individuals who spent part of their childhoods in the United States, they will have opportunities they may not otherwise have in their home countries. Although several bill versions have been introduced in Congress, the DREAM Act has never fully passed or become law.

2021 Versions Of The Bill

For the 2021-2022 legislative session, both the House of Representatives and Senate have introduced versions of the DREAM Act. The Senate introduced The Dream Act of 2021 (S. 264), and the House of Representatives introduced The Dream and Promise Act of 2021 (H.R. 6). The current version of the bill has passed in the House of Representatives. The bills differ, but their significant elements are generally the same. Both bills ultimately provide Dreamers an easier pathway to U.S. citizenship.

The Path To Citizenship

Before taking steps to qualify for citizenship, children must have graduated from high school or obtained a GED in the United States. Additional basic eligibility requirements include age requirements, the amount of time you have been present in the United States, and the time required to remain on conditional permanent residence. Unfortunately, it is not clear what these requirements will be until one of the bills passes.

After obtaining a diploma or GED certificate, there are three steps to obtaining full citizenship:

Conditional permanent residence,
Lawful permanent residence, and

Conditional Permanent Residence

To obtain conditional residence, you must either provide proof that you have qualified for DACA, or you must at least be enrolled in high school and not have any criminal convictions for certain crimes. If the DREAM Act passes, about three million people will qualify for conditional residence.

Lawful Permanent Residence

If you have already qualified for conditional residence, you can be eligible for permanent residency by showing that you have done at least one of the following:

Attended at least two years of college,
Joined the United States military, or
Three years of work performance.

To prove any of the above, you must provide documentation showing that you are in school, are in the military, or were honorably discharged. There are exceptions for people if they have experienced hardships or if not receiving permanent residency would cause hardship. If the DREAM Act passes, about two million people would qualify for permanent residence.

Naturalization

After being a lawful permanent resident for five years, you can apply to become a U.S. citizen through the normal naturalization process.

Criminal History

Certain crimes may prevent you from obtaining citizenship under the DREAM Act. Felonies, domestic violence, multiple misdemeanors, and drug-related offenses can prevent you from obtaining citizenship. Generally, applications for citizenship can also be denied if the person is believed to be a threat to public safety or is involved in gangs. Both bills make an exception for crimes related to immigration status.

Because there are many rules regarding criminal history and immigration status, it is essential to speak to a qualified immigration attorney. Sometimes certain crimes can be waived during the application process, and you can still qualify for citizenship. If you have questions about how criminal history might impact your status under the DREAM Act, please contact The Justice Firm locally at (310) 914-2444 or our Toll-Free number at (866) 695-6714, or visit us on our website.

Differences Between H.R. 6 and S. 264

Although both bills offer more immigrant children the opportunity to become U.S. citizens, the bills differ in critical ways. The Senate bill applies to children ages 17 and under, while the House bill pertains to children ages 18 and under. The likely result is that three million Dreamers could qualify for conditional permanent residence under the House bill, while two million would be eligible under the Senate bill.

Another difference between the bills pertains to criminal convictions that would generally disqualify Dreamers from obtaining citizenship. The House bill makes exceptions for several crimes, including minor traffic offenses, some marijuana-related crimes, nonviolent civil disobedience, and domestic violence when the Dreamer was the victim.

The House bill also contains two additions to give Dreamers greater access to education and U.S. citizenship. First, any eligible Dreamers deported under the Trump administration would be allowed to apply for relief in their home countries. The second benefit of the house bill pertains to a 1996 federal law that penalizes states for offering in-state tuition to undocumented students. If the House bill passes, the law would be repealed, and U.S. states could offer in-state tuition prices.

The change to offer in-state tuition prices to undocumented students is significant considering the rising costs of higher education. Several states have not enacted legislation at the state level to allow undocumented students the in-state tuition cost. Thankfully, California is one of approximately 20 states that have passed legislation so undocumented students can receive the lower tuition cost.

Unfortunately, if the House bill passes, it would not impact states that have taken action against offering in-state tuition to undocumented students. The states of Arizona, Indiana, and Georgia passed their own state bills that disqualify undocumented students from receiving in-state tuition. The bill also does not impact any states that have or plan to create laws that ban undocumented students from attending public higher education institutions. Thankfully, there are very few states with this type of legislation.

DACA: A COMPROMISE

In response to Congress’s repeated rejection of the DREAM Act, former President Barack Obama started a Deferred Action for Childhood Arrivals program in 2012, usually referred to as “DACA.” Like the DREAM Act, DACA protects undocumented immigrants from deportation if they arrive in the United States as children. DACA does not grant legal status to anyone. Instead, it temporarily stops a governmental official, like a prosecutor, from starting a deportation proceeding.

Qualifying for DACA

Immigrants who arrived in the United States as children can be protected by DACA. If you hope to receive protection, you must apply and meet several requirements. The number of requirements might seem daunting, but they can be easier to understand when separated into three categories: Basic Requirements, Criminal History and Education, and Lawful or Parole Status.

Basic Requirements

If you wish to apply, you must meet the following criteria:

On June 15, 2012, you were under age 31;
You arrived in the United States before your 16^th birthday;
You have continuously lived in the United States since June 15, 2007;
You were physically present in the United States on June 15, 2012; and
You were physically present in the United States when you made the DACA request.

Although it is required that you have “continuously” lived in the United States since June 15, 2007, it does not necessarily mean that you can never have traveled anywhere outside the United States since that date. You must consult a qualified immigration attorney in California who can determine whether your travels outside the United States prevent you from applying for DACA.

You must provide documentation to prove your age and physical presence in the United States. Many documents can work, including passports, travel records, bank statements, birth certificates of children born in the United States, vehicle license receipts or registrations, apartment contracts, or mortgages. However, many other documents can also prove your age and presence in the United States.

Criminal History And Education Requirements

DACA cannot protect undocumented immigrants with certain crimes on their records, including:

Felonies;
Significant misdemeanors; and
Three or more non-significant misdemeanors from different dates and different circumstances.

Felonies are crimes that are punishable by greater than one year in prison. If you have one or more misdemeanors on your record, the type of crime impacts whether you qualify for DACA.

Additionally, DACA requires everyone who qualifies to have an educational background or history in the United States Armed Forces. You must currently be in high school, be a high school graduate, have a General Education Development (GED certificate), or be a veteran with an honorable discharge.

Lawful Or Parole Status Requirements

Your legal status or parole status also impacts whether you can qualify for DACA. You must meet one of the following two criteria:

You had never lived in the United States legally on or before June 15, 2012; or
You were legally living in the United States or with parole status, but it expired by June 15, 2012.

Court Decision Adds Difficulty To DACA Application Process

Once you have your documents proving you qualify, you can fill out the application form online. When you apply for DACA, you are also required to submit an Application for Employment Authorization at the same time. It costs about $410 to file these applications.

On July 16, 2021, the United States District Court for the Southern District of Texas decided that DACA policies are illegal. The court determined that immigrants can still apply and file initial applications, but the government cannot grant the applications. The Biden Administration claims it will appeal the court’s decision so that immigrants can continue applying and receiving DACA protections. Over 650,000 applicants to the DACA program are waiting to see if their applications will be granted or denied.

Avoiding Immigration Scams

Unfortunately, many people want to take advantage of innocent immigrants by promising DACA protections. However, the scammers promising DACA protections usually ask for money and personal information. The result is that the immigrant and even the immigrant’s family have less money, possibly stolen identities, and no DACA protections. If you hope to receive DACA protections, it is essential to stay away from those who want to harm you or your family.

The truth about DACA protections is that only the federal government can tell you whether you can receive them. Otherwise, no person can make promises to you about DACA protections. Additionally, only government officials or websites such as U.S. Citizenship and Immigration Services or a qualified immigration attorney can provide information about DACA requirements and the application process. Individuals you do not know or are not part of a government organization or a law firm should not be filing DACA applications for you or your family.

Renewal Requests

If you have already applied and qualified for DACA protections, you can extend your stay in the United States. It is highly suggested that you place your renewal request four to five months before your current DACA expires. If you complete your renewal request on time, you will not have to provide as much information as you would if you were applying the first time.

If your DACA has expired for over one year and you wish to renew, instead, you will have to re-apply as though you were applying for the first time.

The court decision that prevents new applications from being granted does not apply to renewal requests. You can still file your renewal request and have it granted.

Hiring A California Immigration Attorney

Applying for DACA protections can feel overwhelming, but having an immigration attorney on your side can make the application process much simpler and quicker. If you have questions or are ready to apply, please contact The Justice Firm locally at (310) 914-2444 or our Toll-Free number at (866) 695-6714, or visit us on our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Find out more about immigration in the U.S. and how the immigration lawyers at The Justice Firm can help you.

Employment Visas: Working In The United States

The Justice Firm — Wed, 29 Jun 2022 15:39:33 GMT

If you plan to visit the United States but do not intend to live within the county permanently, you will still need documentation authorizing your presence in the country. A visa is a type of authorization that grants nonimmigrant travelers the ability to remain in California and the United States for a brief period. Visas do not give foreign workers legal residence status or citizenship in the United States. However, they provide employment opportunities in the United States that workers may not have in their home countries.

Types Of Employment Visas For Nonimmigrants

There are several employment visas for nonimmigrants, two of which include H-1B and H-2B visas. Unlike other visas, employment visas require employers, rather than foreign employees, to submit applications and complete a considerable amount of paperwork. Immigration law is known for being very complex, but the immigration attorneys at The Justice Firm have the experience to help employers file the correct paperwork the first time.

H-1B Visas For Specialty Occupations, Department Of Defense Research And Development Projects, And Fashion Models

As the name suggests, H-1B visas are required for specific foreign workers who have employment obligations in the United States for the following types of employment:

Specialty occupations;
Department of Defense (“DOD”) research and development; and
Fashion models.

Specialty Occupations

To apply for an H-1B visa for a specialty occupation, the foreign employee must have theoretical and practical application of a type of highly specialized knowledge and a bachelor’s degree. Additionally, the jobs themselves must meet one of the following criteria:

The job usually requires a bachelor’s degree or higher;
The degree required by the job is usually found in the industry, or the job is so complex that someone can only do it with a specialized degree;
The employer typically requires a degree for the job; or
The knowledge required to complete the job’s duties is associated with a degree of some kind.

Employees must also have special education or a license to complete the specialized work.

Although specialty occupations usually require a bachelor’s degree or higher, the law makes room for specialty occupations that may not necessarily require a bachelor’s degree. In these cases, the employee must have the comparable experience required by the specific occupation.

DOD Research And Development

H-1B2 visas pertain to foreign employees who have work projects in research and development with the DOD, and the work is located in the United States. The employee must have a bachelor’s degree or higher. Additionally, the visa application requires one of the following:

Verification letter from the appropriate DOD project manager for the particular project;
General description of the employee’s duties on the project and dates of employment; or
A statement with names of employees on the project with their dates of employment and names of employees whose employment on the project ended within the past year.

Like specialty occupations, research and development work with the DOD requires that employees have the education or skills needed to perform the job but may not necessarily require a bachelor’s degree or higher to have the necessary skills.

Fashion Models

H-1B3 visas pertain to specific foreign fashion models who have work obligations in the United States. To qualify for an H-1B3 visa, the model must meet the following criteria:

The job or services must require a fashion model of prominence; and
A model of distinguished merit and ability.

If you are a California employer in the Los Angeles, Riverside, Orange, Ventura, or San Bernadino counties and you would like to help a foreign employee work in a specialty occupation, DOD research, and development, or as a fashion model, the immigration attorneys at The Justice Firm can answer your questions about the visa application process.

Application Process For H-1B Visas

The application process for H-1B visas should not be underestimated. The process is typically time-consuming, lengthy, and includes the employer and potential employee working together to obtain the visa. Employers and potential employees must follow all steps, and completing them correctly the first time will significantly reduce the potential for delays and frustrations.

Employers’ Obligations

Applying for H-1B and H-1B3 visas requires the employer and employee to complete several steps. Employers must become certified by the Department of Labor. A certification requires employers to submit a Labor Condition Application. Employers provide several attestations regarding employee wages, working conditions, and strikes in these applications. The employer must either notify a union if it applies or post the certified application at the place of employment. H-1B2 visas do not require that employers become certified with the Department of Labor. Regardless of the visa type, the employer must file Form I-129 to U.S. Citizenship and Immigration Services.

Employees’ Obligations

Employees are required to complete two steps. Once Form I-129 has been approved, employees must apply for a visa with the U.S. Department of State at a U.S. Embassy or consulate in their home countries. Employees must also apply with U.S. Customs and Border Control for entry into the United States.

Length Of Stay And Extensions For H-1B And H-1B3 Visas

Fashion models and workers in specialty occupations are eligible to remain in the United States for up to three years, but stays can be extended to six years. Applying for extensions is similar to applying for an initial H-1B or H-1B3 visa. An employer is required to submit a new Form I-129 for each employee.

Extending beyond the six-year limitation is difficult and often limited to employees hoping to obtain permanent legal residence. Suppose you are an employer or current employee in the United States and would like information about obtaining permanent legal residency. In that case, it is best to consult a qualified immigration attorney to assist with the process.

H-2B Visas For Temporary Non-Agricultural Workers

The COVID-19 pandemic has led to a significant labor shortage in the United States. Like in many states, California employers are scrambling to find temporary workers to perform the jobs that U.S. employees cannot or choose not to perform. Hiring foreign employees has been a partial solution to worker shortage. However, the pandemic has led to other practical problems, including a severe backlog in reviewing and granting work visa applications. Many United States embassies and consulates worldwide temporarily closed their doors or reduced their hours, leaving many employers and potential employees unable to apply for work in the United States.

Although the backlog is being addressed, the process is slower than it otherwise would be under normal, non-pandemic circumstances. At The Justice Firm, our immigration attorneys are helping our California clients think ahead about their employment needs, which can reduce their wait times and fill their employment needs.

Showing Temporary Need

Unlike H-1B visas, H-2B visas can pertain to many more types of jobs. H-2B visas usually include labor-intensive but temporary jobs in the hospitality, construction, retail, and warehousing industries. If you are an employer, your job needs must meet several requirements before you can hire foreign workers. To apply, you must show that:

There are not currently enough U.S. workers available who are able, willing, or qualified to complete your job needs;
Employing foreign workers under an H-2B visa will not be harmful to U.S. employees in similar positions; and
Your job needs for foreign employees are temporary, even if the job itself is not temporary.

To show that your need for foreign employees is temporary, you must show that the need is either a one-time occurrence or that the work is seasonal. One-time occurrences include:

Your job needs or work that is usually permanent, but a temporary event of short duration has created the need for a temporary worker; or
You have not employed workers to complete the work in the past, and you will not need workers to complete the work in the future.

Examples of temporary jobs might include seasonal work at ski resorts, amusement parks, cabin resorts, summer camps, or construction projects in northern climates. Employers who usually have permanent jobs in places like restaurants, manufacturing plants, automotive or mechanic shops, and other service or labor-based industries can also use this type of visa to hire temporary workers.

Peak Load Or Intermittent Needs

Some employers may not define their work needs as “seasonal.” Instead, their needs might be associated with a peak load or intermittent needs. Employers with needs not qualifying as seasonal can show a “peak load” need must prove:

Permanent workers are typically hired for the type of work at the place of employment;
A need exists to supplement permanent staff due to the temporary needs; and
The temporary employees will not become part of the permanent staff.

To prove intermittent needs, an employer must show that:

The employer has not typically hired full-time or permanent staff to complete the work; and
Temporary workers are occasionally needed to perform a particular job.

Confusing Agricultural With Non-Agricultural Work

H-2B visas give employers considerable leeway to apply for foreign employees if the work is temporary. As the name implies, H-2B visas do not apply to agricultural jobs. It can be challenging to determine whether a job requires an H-2B visa or another employment visa. If you are an employer and are unsure which visa applies to your job needs, don’t hesitate to contact The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714 or visit us at our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Requirements For Employers Before Seeking Foreign Workers

The United States federal government prefers hiring U.S.-based employees rather than foreign employees. Because of this, the Department of Labor has additional requirements for employers before they can recruit foreign employees. These requirements ensure that there are not already U.S. employees available to fill the employer’s current needs.

A brief list of these additional requirements includes:

Accepting U.S. worker referrals until 21 days before the date of employment needs;
Phone interviews for both foreign and U.S. employees, if the employer requires an interview;
Providing a detailed recruitment report to The Office of Foreign Labor Certification. The report must include the names and contact information of all U.S. applicants, whether they were accepted or rejected for the position, and work-related reasons for rejections;
Extensive rules with advertising generally and in newspapers;
Obligations to contact former U.S. employees before hiring H-2B workers; and
Obligations to bargaining units if the job is normally guided by a union.

Although the above list may seem tedious, employers who do not follow the laws and regulations under the Department of Labor are subject to penalties. To avoid problems with the law, it is best to follow the requirements and submit all necessary documents correctly the first time.

Application Process For H-2B Visas

As with H-1B visas, California employers and potential foreign employees have steps to complete before an employee can be admitted into California or the United States for work.

Employer’s Obligations

Before the employee can take any actions, a California employer must apply for a temporary labor certification with the U.S. Department of Labor. After receiving the certificate, the employer must submit Form I-129 to U.S. Citizenship and Immigration Services.

Employees’ Obligations

Employees are required to complete two steps. Once Form I-129 has been approved, employees must first apply for a visa with the U.S. Department of State at a U.S. Embassy or consulate in their home countries. Second, employees must also apply with U.S. Customs and Border Control for entry into the United States. In countries where H-2B visas are not required, employees only need to seek admission into the United States at a Customs and Border Control place of entry.

Period Of Stay

The labor certification generally determines the length of an employee’s visa. However, H-2B visas can permit employees to remain in the United States for up to three years. After three years, the employee must leave the United States for at least three months before returning to the United States under a new H-2B visa.

Hiring A California Immigration Attorney

If you are ready to apply for a visitor visa or are an employer trying to help an employee obtain a visa, please contact The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or visit us at our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Discover more on immigration and how The Justice Firm immigration lawyers can help you.

Visitor Visas: Traveling To The United States For Business And Tourism

The Justice Firm — Sun, 26 Jun 2022 15:30:11 GMT

If you plan to visit the United States but do not intend to live within the county permanently, you will still need documentation authorizing your presence in the country. A visa is a type of authorization that grants nonimmigrant travelers the ability to remain in the United States for a brief period. Visas do not give legal residence status or citizenship to visitors. However, they provide travelers many of the same opportunities as U.S. citizens to experience the United States.

Types Of Visas For Nonimmigrants

There are several types of visas for nonimmigrants, two of which include B-1 and B-2 visas. Both visas allow travelers to lawfully remain for up to six months in the United States.

B-1 Visas For Temporary Business Visitors

As the name suggests, B-1 visas are used for foreign visitors who need to address business activities in the United States. “Business activities” can include:

Meeting with business associates;
Traveling for a convention or conference on specific dates;
Settling an estate;
Contract negotiations;
Participating in training activities for work; and
Transiting or deadheading through the United States.

Although “business activities” can seem like a broad category, you will still be obligated to apply and prove that you plan to enter the United States for business and ultimately intend to leave. A B-1 visa application requires proof of the following information:

Your trip must be for business activity;
The business activity must be legitimate (legal);
You have enough money to cover the costs of the trip;
A home outside the United States and ties to a community; and
There is no other reason preventing you from entering the United States.

Suppose you are a California employer in the Los Angeles, Riverside, Orange, Ventura, or San Bernadino counties and are looking to host a foreign employee. In that case, the employee may meet the qualifications for a B-1 visa. The immigration attorneys at The Justice Firm can work with you and answer questions about the visa application process.

B-2 Visas For Tourism And Medical Treatment

Every year, the United States welcomes millions of visitors. Some visit for school, work, and business, but others travel simply to enjoy tourism. Individuals from other countries travel to the United States for medical care in other situations. In addition to seeking medical care and tourism, B-2 visas are required for activities including:

Vacations (holidays);
Visits with family and friends;
Social events for service organizations, fraternities, or other social groups;
Unpaid participation in performances or contests; and
Participation in short recreational classes.

You must also provide proof that you have the financial ability to pay for your trip and intend to leave after your visa expires. B-2 visas cannot be used to take classes for credit at universities, colleges, or trade schools.

Combination B-1/B-2 Visas

If you are traveling for business, especially for an extended period, you will likely want to do more with your time than just business. Even if you are traveling for a few days, you may wish to visit as many sites as you can while in a specific region of the United States. The visitor visa application includes both B-1 and B-2 options. If you wish to apply for both simultaneously, the application allows you to do that.

Length Of Stay And Extension Requests

Once you receive your visa, it is valid for ten years. However, this does not mean you can remain in the United States for ten years. Although your initial visa term can only last six months, you can apply for an extension using Form I-539. If your application is approved, you can remain in the United States for six more months. After one year, you must leave the United States. You can return to the United States within ten years, so long as you do not remain longer than six months without requesting an extension.

In addition to filing form I-539, an application for an extension requires that meet the following requirements:

Your current visa has not expired;
Avoidance of criminal activity that impacts eligibility;
Avoidance of violated conditions of your stay; and
Your nonimmigrant visa status remains the same.

If you would like to extend your stay but picked up criminal charges or have had poor experiences with immigration officials, please contact the Justice Firm locally at (310) 914-2444 or our Toll-Free number at (866) 695-6714, or visit us at our website.

The fee to apply for an extension for visitor visas is $370. Additionally, an extension will likely require you to complete a biometric screening for an additional cost. A biometric screening keeps track of all persons in the United States with visitors. Screenings include fingerprinting, taking your photograph, and a security check. If you are traveling with a spouse or children who want to extend their visas, they may also need to complete biometric screenings.

Considerations Before You Apply

Where To Apply

You must apply for a United States visitor visa in your home country. Because each country has its own procedure, you must contact the U.S. Embassy or Consulate in your home country for your application’s exact steps and deadlines. Regardless of where you live, a visitor’s visa requires an application, Form DS-160, to be filed online. After you complete the application, you may be required to complete an interview, depending on your age. If you are between 14-79, you will likely need to complete an interview. Individuals between ages 13 and younger and 80 and older typically do not have to complete an interview. After submitting your online application form, print it and have a physical copy available at your interview.

Interviews are completed at U.S. embassies and consulates. The wait time can vary depending on the country. Ideally, the embassy or consulate in your home country will complete your interview. Otherwise, scheduling an interview in a different country can cause delays. Regardless of where you live, apply and schedule your interview as early as possible to avoid frustrating delays.

Although immigration attorneys in the United States cannot attend interviews in foreign countries, the attorneys at The Justice Firm can prepare documents and communicate with the embassy or consulate in your home country.

Traveling With Family

If you are traveling to the United States for business, especially for a more extended period, it is understandable that you might want to bring your spouse and children. Each family member must file a separate B-2 visa application if this is the case. Unlike other forms of immigration, you cannot add your spouse or children as dependents on your application.

Perhaps you have a trip planned to the United States, and your family wants to join you at a later time. There is no requirement that your family travels with you. As long as each person applies separately, your family members can use their visas to visit at any time. Of course, they are still limited to a six-month stay unless they receive an extension.

Limitations For Visitor Visas

Although visiting the United States for tourism and business offers unique opportunities, they have a few limitations. If you hold a B-1 or B-2 visa, you cannot participate in these activities:

Take classes or study;
Work or find employment;
Be paid for a professional performance;
Work as a foreign journalist or other foreign media;
Seek permanent residence; or
Arrive as a crew member on a ship or aircraft.

Additionally, it is not allowed to seek a visitor visa purely to give birth and attain U.S. citizenship for the baby.

For information on obtaining student visas, employment visas, or permanent residence, please contact The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or visit us on our website.

Passport Expiration Date

If your passport expires during your visa’s 10-year period, you do not necessarily need to apply for a new visa. Generally, you can travel with your old and new passports if you renew your passport. The visa attached to your old passport can connect to your new passport. The country that issued the old passport should be the same country that issued the new passport.

Some countries will allow you to transfer a visa from an expired passport to a new visa. Because not all countries do this, it is best to think about expiration dates well in advance to avoid frustrations with your travel plans.

If you know that your passport will expire while in the United States, it is best to know how long it will take you to obtain a new passport. Because you cannot reside in the United States after your visa expires, traveling back to your home country with an expired visa and expired passport would likely create significant problems for your current and future travels. Thinking ahead will probably save you months of frustration.

Overstaying Your Visa

The consequences of remaining in the United States after your visa has expired can be severe. If you overstay your visa, it is unlikely that you can extend your stay, and your visa can be revoked. Additionally, an expired visa can significantly harm your ability to change from “nonimmigrant” status to “immigrant” status. If you had long-term plans to become a U.S. citizen, an expired visa would likely make that more difficult.

Visa Waiver Program

The United States allows 40 countries’ citizens to travel to the United States for business and tourism activities without a visa. In the Visa Waiver Program, most citizens and nationals of these countries can remain in the United States for up to 90 days. In exchange, American citizens can travel to those countries for business and tourism for a similar length of time. The waiver program does not apply to individuals visiting California or the United States to work or student at a college or university.

Avoid Immigration Scams

Unfortunately, people and illegitimate businesses prevent individuals from safely and legally obtaining visas. These “scammers” often promote their fake businesses online and offer promises and guarantees for visas. Online scammers typically require payment of a fee and your personal information. The potential consequences can be disastrous, including identifying theft and losing money for the fake fee.

Online or even in-person sources who make promises, guarantees, or claim to have connections to government officials are unlikely to be legitimate or trustworthy. The truth is that only the United States Citizenship and Immigration Services (“USCIS”) can admit or deny your application. No individual or website source can obtain a visa quickly once you apply.

When looking for guidance on applying for a visa, it is essential to use reputable sources. Government organization websites like USCIS, the Department of State, and qualified immigration attorneys can answer your questions about the application process and give you advice about obtaining a visa.

Hiring A California Immigration Attorney

Learn more about immigration law and how The Justice Firm’s immigration lawyers can help you.

Legal Pathways For Ukrainians Already In The US

The Justice Firm — Sat, 25 Jun 2022 20:33:32 GMT

On February 24, 2022, Russia declared an invasion of Ukraine, leading many leaders worldwide to welcome Ukrainians into their countries. The United States has several options available for Ukrainians who currently live in the United States and want to avoid returning to Ukraine. They include

Temporary Protected Status (“TPS”);
Asylum;
Petitions for eligible relatives; and
Visa extensions.

Temporary Protected Status

The United States Department of Homeland Security has the authority to grant TPS to any county. These reasons include political unrest, like war or similar violent conflicts. Fewer than ten days after the Russian invasion, the United States Department of Homeland Security granted Temporary Protected Status, or “TPS,” to many Ukrainians who fled Ukraine for the United States. The TPS registration period for Ukraine started on April 19, 2022, and continues through October 19, 2023. To qualify for TPS, you must meet the following criteria:

Continuously resided in the United States since April 11, 2022;
Apply during the registration period of April 19, 2022-October 19, 2023;

If you are granted TPS, you receive several protections, including employment authorization, and you cannot be deported.

For assistance in applying for TPS, please call The Justice Firm locally at (310) 914-2444 or Toll-Free at (866) 695-6714.

Asylum

Seeking asylum in the United States offers many of the same protections as TPS, but the process and purpose are different. People from all over the world seek asylum in the United States because they have been persecuted or fear persecution by their home countries. Persecution can be for many reasons, including:

Race;
Religion;
Nationality;
Membership in a specific social group; or
Political opinion.

If you want to apply for asylum, you must file an I-589 Form within one year of your arrival in the United States. If you bring a spouse and child with you, they can be included in the application. Like TPS, asylum will prevent you and your family from being deported, and you will be authorized to work in the United States.

Petitions For Eligible Relatives

There are a couple of options available for Ukrainians living outside the United States. One of these options involves a family member already living in the United States helping a Ukrainian family member immigrate to the United States.

If you are interested in helping a Ukrainian family member move to California or the United States generally, you will be responsible for much of the planning. You must be either a U.S. citizen or a lawful permanent resident to qualify. Your family member must be an eligible relative who wants to permanently live in the United States and get a Permanent Resident Card, also known as a “Green Card.” Determining who is an eligible relative depends on whether you are a U.S. citizen or a permanent resident.

Assuming your family member qualifies as an eligible relative, you must file an I-130 Form called a Petition for Alien Relative.

Extend Your Visa

If you are in the United States on a student or work visa, you can apply to extend your stay in the United States. For either visa, you will need to file Form I-539 and provide evidence of your reasons for extending your visa. You can be eligible to remain in the United States if you have:

Your current visa is valid;
Nonimmigrant visa status is active;
Avoided criminal activity that impacts eligibility;
Not violated conditions of your stay; and
A valid passport.

Extending your visa can be a creative solution to avoiding returning to conflict areas in Ukraine.

Hiring A California Immigration Attorney

If you have questions or are ready to apply for any of the options discussed, please contact The Justice Firm locally at (310) 914-2444 or our Toll-Free number at (866) 695-6714, or visit us on our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Learn more about immigration law.

How Does A Criminal Conviction Impact Immigration Status?

The Justice Firm — Fri, 24 Jun 2022 20:37:22 GMT

If you are living in California on a visa, as a permanent resident, or you are undocumented, a criminal charge or conviction can have severe consequences on your immigration status. However, some crimes minimally impact immigration status. Suppose you have been charged with a crime in California. In that case, it is essential to speak with a qualified immigration attorney who can explain how your immigration status will be impacted if you are convicted.

The Importance Of Hiring A Criminal And Immigration Law Attorney

Your California criminal conviction can directly impact whether you are deported and whether you can return to the United States in the future. Hiring an attorney with a strong understanding of federal and state criminal and immigration laws can significantly improve the outcome of your particular situation.

If you know you are at risk of criminal charges, please contact The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or visit us on our website. Our immigration and criminal law attorneys are prepared to represent you using negotiation skills and preparing for trials. Our attorneys know the laws, and we are dedicated to advocating for your best interests so you can make the best decisions for your future.

Crimes That Can Lead To Deportation

When foreign visitors travel to the United States, the threat of deportation often looms in the background. Federal law has a lengthy list of crimes that, if an immigrant is convicted, must result in deportation. Immigrants can also be deported for other listed crimes, but courts have more discretion to decide whether deportation is part of the punishment of the conviction.

State-level and federal-level crimes can result in deportation, making it easier for the government to deport immigrants for low-level and more severe convictions. The crimes discussed below are not a complete list of crimes that can impact immigration status.

Crimes Of Moral Turpitude

Federal law states that immigrants shall be deported if convicted of “crimes of moral turpitude” (“CMT”). Unfortunately, the law does not define a CMT. Although courts can review criminal convictions on a case-by-case basis, CMTs are often described as morally depraved, vile, or severe acts. These types of crimes typically include:

Physically violent crimes, including murder, manslaughter, battery, and assault;
Sexual violence, including rape and sexual assault;
Kidnapping;
Human trafficking;
Specific theft crimes; and
Specific drug crimes.

If the crime was committed within five years of being admitted into the country, courts are more likely to find the crime a deportable offense. The courts are likely to consider these crimes as deportable offenses for permanent residents if the crime occurred within ten years of being admitted into the United States.

Finally, deportation for CMTs can result only if the possible prison sentence is at least a year or longer. This does not mean that the court’s actual sentence lasts a year or longer. It means that the sentence, under law, has the potential to last a year or longer.

Multiple Criminal Convictions For CMTs

Even if a CMT was committed five years after entering the United States or within ten years of becoming a permanent resident, courts could still deport immigrants who committed two or more CMTs. However, the CMTs must have occurred separately. Specifically, the CMTs cannot have happened from the same events of criminal activity. Unlike CMTs committed within the five or ten-year timeframe, courts may not necessarily deport the person convicted of the crimes.

Other Crimes Where Convictions Could Result In Deportation

California courts can decide whether to deport immigrants convicted of the following crimes:

Aggravated felonies;
High speed chases from immigration checkpoints; and
Failure to register as a sex offender.

Aggravated Felonies

Immigrants convicted of aggravated felonies can be deported regardless of when the crime was committed in the United States. Aggravated felonies can include crimes defined as aggravated felonies under federal or California law. Many of these crimes are similar to CMT crimes, but they can consist of additional crimes such as gun or drug trafficking, tax evasion, fraud, and passport counterfeiting.

Aggravated felonies can also include regular felonies that have aggravating factors, including:

No showing of remorse for victims;
Amount of harm to victims; and
Committing a crime when a child is present.

These factors allow what would otherwise be relatively low-level crimes, such as drug possession, to become deportable crimes. Because many felony convictions, even nonviolent convictions, can lead to deportation. Any person with immigrant status should contact a skilled criminal and immigration attorney who can advocate for their interests. If you have been charged or convicted of a felony or a crime determined to be a Crime of Moral Turpitude, don’t hesitate to get in touch with The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or visit us at our website.

High Speed Chases At Immigration Checkpoints

Criminal convictions for using a vehicle to avoid or flee a federal or state officer at an immigration checkpoint can also result in deportation. This particular crime often occurs when an immigrant entering the United States quickly drives away at the checkpoint or tries to avoid the checkpoint altogether. However, federal law defines “high speed” as any speed above the legal speed limit. If you face this criminal charge and believe that your speed was reasonable, the law is not forgiving when federal or state officers claim that you fled or avoided the immigration checkpoint.

Drug Crimes

Unfortunately, drug convictions are often why immigrants are deported, even if the crime did not result in physical harm to any other person. Under federal law, deportation is possible regardless of when the crime occurred, and the rule applies to all controlled substances. Drug convictions can even include conspiracy and an attempt to commit a crime. If you face a possible drug conviction, you can be deported even if you have never come into contact with drugs.

Possession of marijuana is particularly damaging and unfair to immigrants. Possessing marijuana under California state law is legal, but possessing marijuana remains illegal under federal law. This means that, even if you are in California and possess marijuana, the federal government still has the authority to prosecute you for drug possession. This can be confusing and unfair to immigrants who may not understand the laws. Ultimately, the court has the authority to determine whether possession of marijuana results in deportation.

Federal law makes an exception for a single offense of marijuana possession if there are 30 grams or less and the marijuana is for personal use.

Domestic Violence, Stalking, And Crimes Against Children

Drug convictions, domestic violence, stalking, and crimes against children are often reasons immigrants are deported. Domestic violence crimes are broadly defined and can often include misdemeanor-level offenses. These incidences typically involve a spouse, current or former partners who live or have lived in the same home, or individuals who share a child. Even if the conviction resulted from one situation where both you and the other person involved made poor choices, the law allows for a single domestic violence conviction to lead to deportation.

Domestic violence crimes can also include violations of a protective order. If you have a protective order against you, contacting that person can result in a charge and conviction. This is true even if the other person contacted you first. Because domestic violence situations are particularly prone to charges and convictions, it is essential to have a qualified attorney who can advocate on your behalf.

Crimes against children typically include child abuse, neglect, abandonment, and even crimes committed in the presence of children.

Impact Of Deportation On Residency, Visas, And Re-Entering The United States

Deportation, regardless of the criminal conviction, usually results in losing residency and having a visa revoked. If convictions are for crimes of moral turpitude, the immigrant convicted is often permanently banned from re-entering the United States. For lesser crimes resulting in deportation, the government will usually place a temporary ban on immigrants’ ability to re-enter the United States.

Hiring A California Immigration Attorney

You do not need to face criminal charges and the risk of deportation alone. We strongly encourage you to contact The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714 or visit us on our website. Our immigration attorneys are ready to review the facts of your case and advocate for you to remain in California. We serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Learn more about immigration law.

Helping Ukrainian Citizens And Their Families To Come To The US

The Justice Firm — Mon, 20 Jun 2022 20:32:47 GMT

Since Vladimir Putin announced the Russian invasion of Ukraine on February 24, 2022, many countries worldwide have shown their support for Ukraine. President Biden has been vocal about the United States’ commitment to helping Ukrainian refugees. On April 21, 2022, he announced Uniting for Ukraine, a program that provides temporary support for Ukrainian citizens and their immediate family members hoping to flee the Russian invasion. If you would like to help Ukrainian citizens come to the United States, a general understanding of the processes can help you decide if the program is right for you.

Who Can Support Ukrainians And Their Families?

If you decide you would like to apply to become a supporter of a Ukrainian citizen or family, you must fill out and submit an I-134 Form. Uniting for Ukraine requires supporters to have the financial ability to provide aid to Ukrainians, so the Form will require you to provide proof that you have the necessary financial resources. Proof of financial ability will require you to show that you can support the person or family for up to two years. Having “financial ability” does not mean you need extraordinary resources and unlimited money. It does mean that you should consider whether you can ensure the following needs are met for the individual or family:

Receive the individual or family when they arrive;
Transport them to their initial housing and provide for initial basic needs;
Appropriate housing and healthcare needs are available for the duration of the stay;
Assist with social security card (if applicable) and employment authorization; and
Finding English language or other education courses; enrolling children in school; finding employment; assisting with other program eligibility.

You and other supporters must be located in the United States and also be at least one of the following:

United States citizens or nationals;
Lawful permanent or temporary residents;
Conditional permanent residents;
Nonimmigrants in lawful status;
Refugees, Asylees, or Parolees;
Beneficiaries of deferred action or Deferred Enforced Departure; and
Temporary Protected Status holders.

If you would like to help Ukrainians and are unsure of your status or whether you could financially qualify, please contact The Justice Firm locally at (310) 914-2444 or Toll-Free at (866) 695-6714, or visit us on our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Who Can Come To The United States?

Uniting for Ukraine has several eligibility requirements for Ukrainians interested in coming to the United States. Ukrainian citizens qualify if they:

Possess a valid Ukrainian passport;
Currently live outside the United States;
Lived in Ukraine immediately before the invasion;
Were forced out of their homes or otherwise displaced because of the invasion;
Have a supporter in the United States who has filed an I-134-Form; and
Pass a security check.

Immediate family members can also qualify, even if the family members are not Ukrainian. Eligibility for immediate family members can be a:

Spouse or common-law partner of the eligible Ukrainian citizen; or
Children who are unmarried and under age 21.

Spouses or common-law partners are also required to have valid passports.

Immigration Attorneys In California

When you are ready to learn more about Uniting for Ukraine or other programs that serve immigrants, please call The Justice Firm locally at (310) 914-2444 or Toll-Free at (866) 695-6714. With offices located in Norwalk, Los Angeles, Beverly Hills, and Woodland Hills, California, we are ideally situated to serve you where it is convenient for you. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Learn more about immigration and applying for legal residency in the United States.

Bernie Sanders’ Tweet, and the Sad Reminder That Even on Thanksgiving, Families are Divided Due to Immigration

The Justice Firm — Fri, 04 Dec 2015 14:19:39 GMT

Just over a week ago, Vermont Senator and presidential candidate Bernie Sanders tweeted a sad Thanksgiving message reminding voters that thanks to immigration policies in the U.S., not all families get to spend Thanksgiving together. Sanders had just released an immigration plan two days prior to the tweet, which calls for policies that reform detention programs and deportation, welcome immigrants into our country, and provide a “legislative roadmap to citizenship” for immigrants. According to the article at Bustle.com, there are currently 11 million undocumented immigrants in the United States.

Sanders’ plan supports uniting families instead of tearing them apart. According to his website, Sanders believes we are a nation of immigrants. As the son of an immigrant, Sanders’ father came to the U.S. from Poland, completely broke. Sanders says that his family’s story is an example of the story of America, one in which families come to the U.S. to work hard and provide a better future and freedom for their children. In his plan, Sanders wants to bring back undocumented immigrants who have been deported if they have immediate family living in the country; this is according to USA Today.

Sanders’ plan includes six specific reforms designed to assist immigrants, which some have called radical. Among these reforms Sanders wants to respect local communities while making certain our border remains secure, dismantle detention centers and deportation programs which he calls “inhumane,” help the 11 million undocumented immigrants in the U.S. obtain citizenship via a fair and swift legislative roadmap, and reverse the criminalization of immigrants while making access to justice easier.

Ultimately, Sanders hopes that under this plan there will be a less radical view of immigrants, and the government as well as U.S. citizens will understand why and how immigrants are an asset economically to the U.S., and should be welcomed, absorbed and integrated into our society.

As Los Angeles Immigration attorneys, we understand that immigrants face countless issues in the U.S., whether applying for legal residency, obtaining a Visa, changing status, or facing deportation proceedings. No matter what issue you are facing, we can help through intense investigation, the uncovering of vital legalities, and legal guidance support. Let us help resolve any immigration issues you are facing.