Prolonged Immigration Detention
In October 2015 the American Civil Liberties Union won a seminal case in the 9th Circuit Court of Appeals, relating to the prolonged detention of foreign nationals in immigration detention centers. Essentially, the court stated that even if a foreign national is subject to mandatory detention under U.S. federal statute, the foreign national is entitled […]
Fraud and Misrepresentation
The U.S. immigration laws prohibit any fraud or willful, material misrepresentation by a foreign national in order to obtain immigration benefits. Any foreign national that is guilty of this is inadmissible from the U.S. The scope of what constitutes fraud and what constitutes a willful misrepresentation is not specifically defined. Moreover, “immigration benefits” are not […]
New CA Marijuana Laws and Non-Citizens
There have been many changes to California state laws on marijuana use in the last several years. First, marijuana use for medicinal purposes became legalized. More recently, Proposition 64 legalized the possession and use of marijuana for persons age 21 and over. Other states such as Colorado and Massachusetts, have their own version of these […]
H-2A Visas
The U.S. offers a H-2A visa for temporary agricultural workers from different parts of the world, to fill seasonal, agricultural jobs. A U.S. employer must petition the worker and prove that it is offering a job that is of temporary nature; demonstrate that there are not enough U.S. works that are able, willing, qualified, and […]
January Visa Bulletin
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-january-2018.html
Visas for Victims of Crimes
Being the victim of a crime is terrifying, and for someone who does not have lawful immigration status, it can be even more frightening. A resident or citizen would have no question about reporting a crime, whereas an undocumented person would wonder if they report the crime, if they can be reported to the immigration […]
Bringing a Fiancé to the U.S.
The decision to get married is one that is generally celebrated and is the stepping stone to the actual act of getting married. The engagement is exciting for all parties, including family who want to participate in the wedding festivities. However, when one of the parties that are getting married is not from the U.S., […]
November Visa Bulletin
Check if your visa is now available! https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-november-2017.html
Getting Married While on a Visitor Visa
On September 1, 2017, the Department of State updated the legal standard in determining what behavior constitutes a “misrepresentation” for purposes of determining inadmissibility. The U.S. immigration laws state that “any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure a visa, other documentation, or admission into the United States or […]
The End of DACA
On September 5, 2017, President Trump’s administration announced that they would be cancelling the DACA program, which was introduced by President Obama in 2012. This announcement was made after much uncertainty about the president’s position on the program throughout his candidacy for president, as well as during his presidency. DACA, or Deferred Action for Childhood […]
