Immigration Reform Seminar

immigrants

Immigration reform for 2013

  • When will it happen?
  • Will it help me and my relatives?
  • What can I do to get my case ready in advance?
  • What other forms of immigration relief might I be able to get before reform passes?
  • What impact will criminal convictions have on my case?

Come to this free seminar to learn about the different immigration reform proposals that Congress is considering.   We will also tell you who it might help and what you can do know to get your case ready now so that you can apply as early as possible.  Learn how to make sure you are not taken advantage of.

Anyone who attends this seminar will get a savings card for 15% all future immigration services with our office.

Preparing for Possible Immigration Reform:

An immigration reform plan has not been approved yet and it could take many months. If Congress approves an immigration reform, start collecting the documents listed below now because you may need to provide proof of:

Identity

  • Birth certificate and a photo identification (ID) or,
  • Passport, school or military ID,identification document from your country of origin like a Matricula Consular, or anyU.S. document with your name and photo, like a Driver’s License or ID.

Entry to the United States Before a Particular Date

  • Immigration record or documents with your date of entry, passport with admission stamp (Form I-94/I-95/I-94W), or travel records.
  • You can also use medical records (including immunization record) or school records.

Presence and Residence in the United States From a Particular Date

  • Proof of presence with dates and addresses using immigration documents, government records, medical records, military records, employment records, religious or community organizations records, insurance policies, tax records, etc.
  • Bank receipts, financial records, credit card receipts, money order receipts, rentalagreements, deeds, mortgages, utility bills, club memberships, etc.

Tax Filings

  • If you do not have copies of your past filings, call the Internal Revenue Service (IRS)at 1-800-908-9946 to order a transcript for free.
  • If you have not filed your taxes, ask for an Individual Taxpayer Identification Number (ITIN) by calling 1-800-829-1040 and file them.

Employment History

  • Record dates, names, and addresses of the places where you have worked.

Possible English Knowledge Requirement

  • You may have to take a basic English course or exam.

Application Fee and Fines

  • Start saving money for the application fee and for any fines.
  • Also save money in case you need it for an attorney.

Record Keeping

  • Record all of this information in a notebook, keep the original documents, and store them in a safe place.

PROTECT YOURSELF FROM FRAUD

An attorney has to have a license from a state bar association. Don’t believe anyone who tells you that there is already a new immigration program in place. A proposal has been introduced in Congress but it may change or not ever become law. Don’t trust anyone who says that they can guarantee you a visa or a green card. If you suspect fraud, report it to your consulate or the police.

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Senate Bill: Registered Provisional Immigrant Status “RPI”

Immigrant Family

Senate Bill- Registered Provisional Immigrant Status (“RPI”)

I. Adjustment of Status to RPI Status

· Individuals in unlawful status may apply to adjust their status to the legal status of Registered Provisional Immigrant Status.

II. Eligibility Criteria:

1. Residence in the United States prior to December 31, 2011 and maintenance of
continuous physical presence since then.
2. Paid a $500 penalty fee (except for DREAM Act eligible students), and assessed taxes,
per adult applicant in addition to all applicable fees required to pay for the cost of
processing the application.
3. Ineligible if:
- Convicted of an aggravated felony;
- Convicted of a felony;
- Convicted of 3 or more misdemeanors;
- Convicted of an offense under foreign law;
- Unlawfully Voted; and
- Inadmissible for Criminal, National Security, Public Health, or other morality
grounds.

III. Spouses and children of people in RPI status can be petitioned for as derivatives of the
principal applicant (but must be in the United States at the time).

1. Immigrants in RPI status can work for any employer and travel outside of the United States

Individuals outside of the United States who were previously here before December 31, 2011 and were deported for non-criminal reasons can apply to re-enter the United States in RPI status if they are the spouse, of or parent of a child who is, United States citizen or lawful permanent resident; or are a childhood arrival who is eligible for the DREAM Act.

2. The Application period will be for 1 year with the possibility of extension by the Secretary for an additional 1 year.

3. Individuals with removal orders will be permitted to apply as will aliens currently in removal proceedings.

4. RPI status shall last for a 6-year term that is renewable if the immigrant does not commit any acts that would render the alien deportable. Another $500 penalty fee is applicable at this time.

5. The Secretary may collect a processing fee from individuals who register for RPI status in an amount that is sufficient to recover all of the costs of implementing the registration program.

An individual who has been granted RPI status is not eligible for any Federal means-tested
public benefit (as such term is defined in section 403 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).

6. A non-citizen granted registered provisional immigrant status under this section shall be considered lawfully present in the United States for all purposes, while such noncitizen remains in such status, except that the noncitizen is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986; and shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071).

IV. After 10 years, aliens in RPI status may adjust to Lawful Permanent Resident Status through the same Merit Based System everyone else must use to earn a green card (described below) if the following things have occurred:

1. The alien maintained continuous physical presence
2. They paid all taxes owed during the period that they are in status as an RPI
3. They worked in the United States regularly;
4. And demonstrated knowledge of Civics and English

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Immigration Benefits Gay Marriage Green Card

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Support Gay Marriage Green Card

The Supreme Court should make a ruling as to whether the California’s Proposition 8, which bans same sex marriage, is constitutional.  If the law is struck down and deemed unconstitutional, it could be the big moment for same sex partners who seek to receive the same rights and benefits of heterosexual married couples.

One of the most pressing issues for immigration practitioners is whether or not a United States Citizen would be permitted to sponsor his or her same sex spouse for Permanent Resident status (Green Card). If the law banning same sex marriage is said to be unconstitutional, it would follow that same sex marriage is a legal right and same sex couples cannot be discriminated against by the federal government.  If there is a federally recognized right to marry, then there is no logical reason to deny a U.S. Citizen from sponsoring his or her same sex spouse for a gay marriage Green Card in order to reside together in the United States.

http://www.newyorker.com/online/blogs/closeread/2013/03/why-doma-is-doomed.html

photo credit: ismael villafranco via photopin cc

Posted in Immigration News | Tagged , | 1 Comment

Canadians ahead of United States in implementing Startup Visa

medium_223020271The Canadian government just launched its own version of the Startup visa and thus potentially beating the United States to the punch in attracting some of the new wave of technically savvy entrepreneurs from such foreign countries as India, China, Western Europe, and more recently from even Latin America who want to start new enterprises in countries with more modern infrastructures than their home countries.  A similar Visa option is currently being mentioned in the United States and tagged with the same name, the Startup Visa, which is an option that will be part of the broader immigration reform package that is expected to come to a vote with the United States Congress during the summer.

Under the current U.S. Immigration system, it is primarily just entrepreneurs with significant capital on hand who are generally afforded the opportunity to pursue visas in the United States for the sake of starting a new business.  The E2 Investor Visa is one common option for individuals from certain treaty bearing countries where an initial investment of at least $100,000 is made just for the right to manage a business on a temporary basis in the United States.  Whereas the L-1A intra-company Executive Visa also requires that the individual previously manage an existing foreign home company for one of the past three years, and the EB-5 Investor Visa which requires a 500,000 or $1 million initial investment from the individual’s own pocket.  The Startup Visa, on the other hand, is a proposed amendment to the U.S. immigration law to create a visa category for foreign entrepreneurs who have raised capital from qualified American investors. It aims at addressing the absence of a visa category for entrepreneurs to raise outside funding.

The Startup Visa is proposed as a temporary Immigrant Visa, or Conditional Permanent Resident Visa (conditional green card) which converts to a permanent residency (green card) after two years if certain conditions are met. The prospective Startup Visa is classified as an “Employment Based” visa, under a newly created EB-6 category.  Many believe it should furthermore have the effect of freeing up foreign talent, many of whom have graduated from top U.S.  universities, to pursue their business ideas with much less constraint than they’ve experienced in the past.

photo credit: David Chilstrom via photopin cc

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Introducing Latin American businesses to E2 Investor Visa

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SVLinks’ Silicon Valley Immersion Programs;

SVLinks, a Palo Alto based non-profit organization founded two years ago by Mr. Miguel Casillas, regularly brings high level corporate executives and entrepreneurs from Mexico and other Latin American countries to introduce them to the opportunities in Silicon Valley.  Over the past weekend, the organization hosted an immersion trip of leading entrpreneurs, executives and CXO’s from Mexico, Colombia, Peru, Chile Spain and Argentina.

In the picture, Silicon Valley based immigration attorney Gabriel Jack discusses the various opportunities to start businesses in the United States by utilizing the visas created under the NAFTA agreement with Mexico as well as E2 Investor Visa and L-1A  visa options that are available to those interested in building business with the United States.

Posted in Immigration News | 1 Comment

“Startup” Visas could be next Green Card for foreign born Entrepreneurs

The current visa options for Entrepreneurs is limited to the E2 Visa (at least 100k initial investment requirement) or the L-1A which includes a requirement that the individual already lead a successful company overseas.  This has the effect of limiting innovation and job creation in the United States.

Startup Visa article at Salon.com

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MJ Law has new office in San Mateo


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New announcement for MJ Law is that we just opened an office location in San Mateo, California. Opening this office location in San Mateo is an effort to serve clients in San Mateo county in such cities as Redwood City, Palo Alto, Menlo Park, Daly City, and San Mateo. Feel free to call now for a consultation. 650.532.3324

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L1A Visas, an Option for Foreign Startups

The L1A visa offers a good option for foreign small or startup companies to expand their business and services into the United States. Although the L1 visa was designed for large multinational corporations, it can also be used by smaller companies to send upper level personnel to the United States. The L1A visa does not have a substantial investment requirement like the E-2 visa does, and the L1A can be used for most any venture.

The USCIS will approve an L1A visa for a new office valid for only one year.  After the first year, the visa can be extended for up to seven years so long as it can be evidenced that there has been significant business activity, and that the U.S. company continues to require the services of the L1A applicant.

Spouses and children of the L1A visa holder may obtain an L2 visa to enter and remain in the US. L2 Spouses may apply for a work permit while residing in the United States in L2 nonimmigrant status. L2 spouses and children may also attend school in the US.

An applicant cannot apply for an L1A visa as an individual. An employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on the applicant’s behalf. To qualify for an L-1A visa, the applicant must be:

  • An executive or a manager
  • The applicant must have worked for the company overseas for at least 1 of the past 3 years before applying for the L1A visa.
  • A qualifying relationship (such as parent-subsidiary, branch or affiliate) must exist between the foreign and the U.S. business entities.
  • Both the foreign company and the U.S company must remain open, active and viable for the entire duration of the applicants employment in the U.S.

***

Contact us to let our attorneys assist you in efficiently finding the suitable visa petition for you individually or for your intra-company transfer. Our legal team with help you throughout this process, from discussing your options, to gathering and preparing the requisite evidentiary materials, helping you incorportating the company, preparing your visa petition, and being available for any questions you may have throughout the process.

(408) 293 2026  -  [email protected]

Posted in Immigration News | 1 Comment

En qué consiste el perdón I-601A waiver dentro de Estados Unidos – 04 Marzo 2013

Hemos recibido muchas llamadas y correos solicitando información acerca de los llamados “perdones” o “waivers” I-601A para aquellos inmigrantes que estén casados con su esposo / esposa con ciudadanía de los Estados Unidos, o hijos de Ciudadanos Estadounidenses que se encuentren ilegalmente en los Estados Unidos.

I-601A waiver

Por favor, tómese 5 o 10 minutos de su tiempo para leer esta información cuidadosamente. Si necesita consultar con nuestros abogados de inmigración para ver si usted califica, puede llamarnos al (408) 293-2026.

Los “perdones” I-601 dentro de los Estados Unidos, no son una reforma migratoria. Tampoco son una “Amnistía”. Personas con historial criminal o con deportaciones previas, no califican.

¿Quién o quienes califican para el perdón migratorio dentro de los Estados Unidos?

- Sólo califican el esposo o esposa, o hijos del Ciudadano de los Estados Unidos, siempre y cuando no tengan deportaciones anteriores y puedan demostrar que su separación de los Estados Unidos causará un sufrimiento extremo a su familiar Estadounidense.

¿Cómo se solicita el perdón?

- Se tiene que enviar el formulario al apartado postal de la ciudad de Phoenix, AZ que el USCIS ha designado para iniciar el proceso.

Por ningún motivo envíe o inicie el trámite del “perdón” sin antes consultar con un Abogado de Inmigración, o si no tiene manera de comprobar que la ausencia de su familiar resultará en un sufrimiento extremo para el Ciudadano de Estados Unidos.

Contacte con nuestros Abogados de Inmigración y solicite una consulta confidencial para responder sus preguntas personalmente:

En San Francisco, CA: (415) 300-0174
En San José, CA: (408) 293-2026
En Los Angeles/Pasadena, CA: (626) 398-1992

Posted in I-601 Waivers | 3 Comments

E2 Investor Visa – Application

E2 Visa Immigration Lawyers

E2 Investor Visa for Entrepreneurs and Start Up Companies:

Foreign Investors/Entrepreneurs who make a “substantial Investment” in an existing US business or Start Up company, and who wish to enter the United States to develop and operate the business, may apply for the E2 Investor Visa. Foreign companies whose owners are nationals of a treaty country and “E2 Visa eligible” themselves may also petition their “Essential Employees” for the E2 visa.

The Investor/Entrepreneur

  • Must be a national of an E2 treaty country. (list of E-2 treaty countries ).
  • Must be coming to the U.S. to develop and direct the business.
  • If the applicant is not the Investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Substantial Investment

The investment must be “Substantial” in relation to the overall value of the business. No specific dollar amount is mentioned in the department regulations, but it must at least be sufficient to ensure the business’s successful operation.

The percentage of investment for a low-cost business must be higher than the percentage of investment in a high-cost business.

At Risk Investment

  • Idle, passive Investments do not qualify.
  • The Investor or Entrepreneur must have already invested or be in the process of investing his or her capital or property in the U.S. business prior to his or her pursuit of the E2 visa.

Business must be more than marginal

  • The E2 Visa petition should include a business plan that provides either historic or projected revenue figures that show it will generate significantly more income than solely to provide an individual living to the investor or Entrepreneur.

E2 Investor/Entrepreneur must have Control

  • The Investor/Entrepreneur must demonstrate that he or she has ownership of at least 50 percent of the business and possesses operational control over the enterprise.

Non immigrant Intent

  • Means the E2 Investor must intend to depart the United States when the E2 status expires.
  • Nevertheless, E2 visa holders are permitted to renew their visas indefinitely so long as they continue to operate and maintain majority ownership of their E2 business, or those who continue to be employed by a qualifying E2 business in the case of an employee.
Posted in E2 Visa | 3 Comments