Discover the latest immigration law advice and articles from the Attorney Referral Service of San Fernando Valley Bar Association.
Learn more about immigration law, including asylum, family immigration, and green cards.
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We write about the immigration regularly and invite you to take a look at the archive below for our latest articles.
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DACA, short for Deferred Action for Childhood Arrivals, is a U.S immigration policy that allows foreign nationals who came to the U.S. as minors to defer action from deportation – for two years. This program no longer accepts new applications. However, those who have been approved can apply for DACA renewal.
Continue reading.
How does the family based immigration process work exactly? If this is something you want more information on, then this is the place to learn more about what to expect and how to receive legal help.
Read further for details.
Immigration law is one of the most complicated areas of law in the United States. The process is extensive and requires attention to detail in order to succeed, so it’s a good idea to find an immigration attorney who has experience with this area of the law.
In this article, you will discover how to find the best immigration attorney in Los Angeles.
Immigration is a complicated area of law that can quickly become overwhelming without an experienced lawyer. An attorney will be able to guide you through the process of applying for a work visa, green card, and other immigration-related issues.
In this article, you will discover how to find a good immigration attorney.
Immigration law covers a wide range of issues relating to immigration into and deportation from the United States. It’s a complicated area of law involving statutes, regulations, and legal precedents.
So, what does an immigration lawyer do exactly?
If you’ve been living in the United States without citizenship documentation, you may want to explore the option of filing for asylum.
Asylum is a protection granted to foreign nationals who meet the international definition of a “refugee” and demonstrate a well-founded fear of persecution based on one of five criteria: race, religion, nationality, political opinion, or membership in a particular social group (including most LGBTQ group).
Filing for asylum is a complex process, so we recommend connecting with an experienced asylum lawyer.
Today, we’re taking a closer look at asylum so you understand your options.
Let’s get started …
These foreign residents coming to the U.S. for business are often staying for relatively short visits rather than moving here permanently. Nationwide, the State Department issued almost 10.9 million nonimmigrant visas — a 10 percent increase over the previous year. Most were temporary business or tourist visas.
There are numerous regulations governing the types of visas available for non-citizens to enter the country. Here are some of the regulations business visitors need to know about traveling to the U.S.
B-1 visas are available to non-immigrant foreign visitors who will be in the U.S. for a short-term visit for a specific activity. Those admitted on this visa will be able to stay in the country for a reasonable length of time to complete their business, with a maximum stay of six months.
Applicants must meet three requirements:
In order to show the stay is for a short time period, the applicant must show he or she intends to remain for a limited time, has enough money to cover the stay, and maintains a residence abroad and can demonstrate other social or economic ties to their home country to indicate their intention of returning to their home abroad at the end of their visit.
Evidence that the applicant intends to remain in the U.S. for only a limited time and maintains compelling ties abroad can include a return ticket for travel; time-sensitive activities abroad; contractual or legal commitments; and property ownership, bank accounts, family ties, and continued employment in their home country.
The B-1 visa is intended for business activities that are related to business activity abroad. For example, an applicant can travel for meetings, conferences, negotiations, consultations with associates, taking orders for goods produced outside the U.S., or researching options for opening a business in the U.S. Applicants cannot perform any activity that would constitute local employment.
Finally, the applicant can conduct business on behalf of a foreign employer, but no salary can come from a U.S. source. However, he or she may receive reimbursement from a U.S. source for reasonable incidental expenses.
Businessmen or women from certain countries are exempt from the need to obtain a B-1 visa in order to enter and do business in the U.S. if they are from a visa waiver country. A list of the participating countries is available online. Travelers using this route to enter the U.S. are limited to a 90-day stay.
See also: Employment Visas in California: What You Need to Know
A foreign businessperson can apply for an E-2 visa if he or she is investing a substantial amount of money in a new or existing U.S. business enterprise. The applicant must show the business is active and bona fide; that the investment is substantial and he or she is able to provide the source of the money to be invested; and that he or she is coming to the U.S. to direct or develop the business.
The E-2 visa is available for up to two years and can be renewed for subsequent two-year periods.
There are other visa options as well that are available for business entrepreneurs. They include:
If you’re struggling to obtain a business visa in California, our qualified immigration law attorneys may be able to help. We handle cases that range from everything like applying for a visa, obtaining citizenship or a green card, and obtaining work authorization to removal and deportation proceedings, applying for Deferred Action for Childhood Arrivals, and employer sanctions defense.
Immigration law is pretty complicated, but the lawyers of the San Fernando Valley Bar Association Attorney Referral Service have expertise in these areas and more. Contact us today for a free consultation by calling 818-213-1564 or filling out our online contact form.
See also:
It’s a problem for California companies like Veritas. Executives note there are not enough qualified applicants in Silicon Valley, making access to H-1B visas essential not just to the company’s growth but to its very survival. The American Competitiveness Alliance previously stated that strict immigration rules or the continued inability to get workers through the H-1B visa lottery could force companies to move overseas. A recent study conducted by that group found that 71 percent of U.S. businesses would consider relocation if it becomes too hard to find talent within U.S. borders.
While the H-1B visa isn’t the only opportunity for someone to enter the U.S. on employment grounds, it’s one of the most popular in California. Below, we’ll go over some of the basics of employment-based visas, how they work, what’s in store for the future of visas, and how to get help applying for an employment-based visa.
There are several different employment-based visa categories in the United States. These visa categories have been approved by the federal government due to a belief that admitting foreign employees with valuable skills is beneficial to the U.S. economy.
Immigration law in the United States currently allows several different paths for individuals to enter the United States on a temporary or more permanent basis for employment purposes. In general, the total count for temporary employment-based visas awarded has grown since fiscal year 2000. Currently there are nearly 800,000 temporary employment-based visas issued on an annual basis.
These are split among those in religious occupations, foreign media, temporary workers, treaty investors, those with extraordinary abilities, intra-company transferees and artists, athletes, and performers. The five major types of temporary employment-based visa classifications are H-1B, H-2A, H-2B, and L-1A and L-1B.
H-1B visas are available to foreign professionals in certain occupations. There are 65,000 of these limited every single year and 20,000 more for individuals who have the equivalent of a U.S. master’s degree or higher. Individuals are approved for up to three years.
H-2A visas are eligible for agricultural workers coming on a temporary basis from particular countries; there is no annual limit. They are limited to the period of employment and can get renewed for qualifying occupations.
H-2B visas refer to seasonal non-agricultural temporary workers — up to 66,000 per year. Initially, individuals are admitted for up to one year and can get renewed twice for a maximum of three years.
Other foreign workers who are employed by particular entities related to U.S. employers may be eligible to come in under L-1A and L-1B visas. There are no limits to these; an individual may be approved for up to three years.
Immigration has become a hot-button issue from a public policy perspective in recent years. President Trump recently signed an executive order being referred to as the “Hire American” order that could affect company abilities to hire foreign professionals.
While no immediate changes have yet to be presented to existing visa programs, Trump has suggested that the random lottery system for H-1B visa applicants is too random. Government agencies will now be instructed to ensure that the visas go to applicants earning the highest pay and with the best skills. Previous data from the Labor Department shows that up to 40 percent of those getting visas in the lottery are for entry-level employees. Up to 70 percent of H-1B visas from fiscal year 2015 went to Indian workers, and the biggest hiring sector for those workers has been technology outsourcing.
Every April, the government receives hundreds of thousands of H-1B visa applications for the year ahead. In 2017, they received 199,000 for the 65,000 available. Companies like Facebook and Qualcomm rely heavily on H-1B visas to ensure they are able to function and grow. The H-1B visa program requires that companies show they have tried to hire an American first and failed.
While the removal of the lottery could mean good news for California-based firms who need top talent, international students at UCLA are concerned about Trump’s review of the program and being able to find jobs in the U.S.
Anyone who uses H-1B visas and employees concerned about their future should continue to pay attention to the news as further information is revealed about employment-based visas. You also can speak to a qualified immigration law attorney who handles employment visa applications, along with everything else from obtaining citizenship to deportation proceedings.
Update: Is Street Vending Legal In Los Angeles?
After facing an uphill battle for years to run their businesses, street vendors will soon be allowed to operate on the sidewalks of Los Angeles.
The L.A. City Council voted in February to decriminalize street vendors, though there are still a few i’s to dot and t’s to cross. It’s estimated that nearly 10,000 street vendors operate on Los Angeles sidewalks, although it’s a misdemeanor offense under Los Angeles Municipal Code 42.00(b).
Now that street vending is legal, what does it mean for the city of Los Angeles? Here are five things to know.
Just because it’s now allowed doesn’t mean that everything’s final. The City Council also voted to approve a series of proposed concepts on how to regulate street vending, as a compromise from an initial position of a blanket set of rules for every vendor in the city. A majority of business and property owners would be able to petition to have street vending blocked from certain areas. An additional provision would require vendors to have majority support of businesses in the area before setting up shop.
What does this mean for street vendors? While the ordinance to decriminalize their work was a huge victory, they will need to continue to work with the community and government agencies on approving their particular business in the location they want to sell in.
The City Attorney’s Office and city staff are working on developing a detailed ordinance that should return to the City Council for approval by summer 2017.
As mentioned above, street vendors will be at the mercy of other local businesses before they are allowed to operate in their vicinity. Additionally, proposals to the City Council would require the city to set permit fees at a high enough level that it can cover the cost of enforcing the regulations (aka, pay for police work).
Business owners in a particular area, or the cost of the fees themselves, could be a potential barrier to street vendors. Many lack the capital to set up a brick and mortar, so it’s unclear how the permit process will affect some vendors. Businesses that had opposed earlier legislation proposals, however, are happy they have a say in determining what types of businesses and how many operate on sidewalks outside their front doors.
A Community Impact Statement by the Encino Neighborhood Council, for example, suggests a maximum of four vendors per mile, limited to commercial streets, parks, and transit hubs. Vending also shouldn’t be allowed within 500 feet of schools or on strictly residential streets, the organization says.
Because the rules around street vending are still being determined, vendors can still be cited and fined for violating the municipal code, but wouldn’t face criminal convictions. This is a heated issue, as immigrant advocates have argued that street vendors shouldn’t face criminal charges that could place them at risk of being deported. A few L.A. City Council members brought up the decriminalization of street vendors in January, fearing a national crackdown of immigrants after President Trump took office.
A first-offense citation of street vending is a $250 fee, a second offense is $500, and further offenses rack up $1,000 each. According to the city attorney’s office, about 22 people were convicted or pled guilty to a misdemeanor for engaging in illegal street vending in the last year; 13 cases are still pending, and there are additional cases where the defendant failed to appear in court. The fates of those vendors could still be up in the air.
Street vendors previously could also get jail time for offenses. The amended ordinance, however, makes the violation only punishable by a citation, per the reason of police needing to devote their resources to more serious crimes.
Because street vending hasn’t been legal, it hasn’t been regulated. Food trucks and carts, while seen as on a similar level to street vendors by some, are regulated as a Mobile Food Facility by the LA County Health Department. The health department’s Vehicle Inspection Program conducts annual certification inspections, routine graded inspections, and complaint inspections, while Mobile Food Facility operators must provide updates to their route and location or risk losing their public health permit.
Mobile Food Facilities include some smaller operations, such as hot dog carts, coffee carts, and churro carts.
The East LA Community Corporation, which advocates for street vendors, hopes to develop a nonprofit infrastructure to support these entrepreneurs, along with creating spaces for vendors to work legitimately at farmers markets or within the Boyle Heights New Community Plan Update.
Street vendors don’t just sell food, but also goods. It’s important to know that if you buy something from a street vendor, what you’re going to eat or take home is safe.
Selling food on a sidewalk in L.A. was still illegal before the amended ordinance, after all, despite many vendors complying with LA County Health Department’s food preparation standards. Some consumers continue to be concerned with safety.
According to a Community Impact Statement submitted by Empowerment Congress Southwest Area Neighborhood Council, a survey of the 8th District found that the majority of constituents did not want street vending and were not in favor of vendor district designations. Ninety-five percent of respondents were concerned with regulation, enforcement, health, and safety of the general public. Many also felt that street vending would be a community eyesore, contributing to traffic and litter problems.
If you are a street vendor who has faced misdemeanor charges and you also are an immigrant, the San Fernando Valley Bar Attorney Referral Service can help you find an attorney to handle your immigration case. Immigration law deals with everything from deportation proceedings to obtaining citizenship or work authorization, obtaining a green card, applying for asylum, and more.
Immigration law is complicated. You have rights, and a safe way to speak to an attorney. Contact us today for a free case evaluation.
People facing persecution in their home countries may seek “political asylum” in the US. Essentially, they’re asking for the right to stay in the country because of that persecution. Technically, political asylum only applies to people that have already made it to the US; people that are still outside the US and are applying to move to the country are refugees rather than asylum-seekers. The rules for refugees are different.
In order to claim political asylum, you must prove that you were persecuted in your home country or that you have a well-founded fear of being persecuted in the future. In addition, the central reason for that persecution must be one or more of these categories:
In recent years, persecution based on gender has been recognized in some cases as well.
Only one type of persecution – coercive population control programs like forced abortions or sterilization – is defined. Otherwise, persecution generally means you have suffered or been harmed, or you have a well-founded fear of those things happening to you in the future. Note that economic suffering alone does not qualify as persecution, but interference in your privacy, family life, ability to get identification documents, education, and other non-physical harm can qualify.
If you haven’t actually suffered harm, it’s a little bit harder to meet the persecution requirement. You’ll need to offer proof such as death threats based on your political views. You can also show evidence that other people in your category are being persecuted; you don’t have to show that you have personally been threatened.
In order to claim asylum, the threat to your safety must be national – you can’t claim asylum if you could find safety by moving to a different area of the country.
In order to claim asylum, you can fill out an application online through US Citizenship and Immigration Services. You can still apply if you’re in the country illegally, as long as you’re not currently involved in removal proceedings. In general, you need to apply within a year of arriving in the US. However, there are exceptions to that rule for extraordinary circumstances, changed circumstances, or problems with your legal representation.
Once you file your application, you’ll need to go in for at least one interview with USCIS to talk about your circumstances. Decisions are usually made within 180 days. You can’t apply to work at the same time as you apply for asylum, but you can apply to work if it has been at least 150 days since you applied and you still haven’t received a decision. Once your application is approved, you can start working right away.
You can typically apply for a green card one year after being granted asylum. However, you may be denied if you no longer fit the criteria for an asylee. For example, a change in circumstances in your home country may wipe out the threat to your safety.
When you apply for political asylum, you can include your spouse and children in your application. You’ll need to fill out an additional petition along with your asylum application. You can do that at the same time as you apply for asylum or at any time before a decision is made about your application.
Applying for political asylum can be a complicated and confusing process – not to mention the fact that you’re already stressed about your circumstances. The help of an experienced immigration lawyer can make all the difference in the success of your application. We can help match you with an experienced local attorney to take a look at your case and help you decide how to proceed.
