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Northern California Immigration Law Blog

Employment immigration changes possible for H-1B visas

When individuals want to come to the United States for employment reasons, they still have to follow the proper legal steps. Employment immigration is immensely popular as prospective employers and employees alike want to find the best opportunities. Certain visas, like the H-1B, allow individuals to come to California and other parts of the country for specialty occupations.

Currently, federal law allows the United States to issue 65,000 H-1B visas each year, and that limit tends to reach capacity quickly. These visas are used by employers to hire foreign graduate-level workers in industries like medicine, mathematics, information technology and engineering. The president used social media recently to issue a statement indicating that changes would be coming to the H-1B visa program.

Shutdown results in hardships for US immigration law cases

The process of entering the United States as an immigrant or dealing with other immigration-related issues is already long and difficult. Unfortunately, many circumstances outside of immigrants' control may only make their journeys an even greater struggle. Numerous individuals in California and across the country are certainly experiencing such issues with U.S. immigration law at the current time.

It was recently reported that the government shutdown currently underway is having a major impact on the immigration system. The shutdown resulted due to the presidential administration trying to obtain $5 billion for a wall along the Mexican border, and claims have been issued that the shutdown will continue until the funds are approved. However, the shutdown has affected approximately 800,000 federal employees, resulting in many working without pay or being furloughed.

Understanding the K-1 visa

Due to the popular television show "90 Day Fiancé," many Americans have become more informed about the K-1 visa. Fans of the show may have seen the couple Steven Frend and Olga Koshimbetova get approval for Olga's visa got approval. 

There are numerous visas available, and immigrants should review all their options to see which is best for them. You may already know a lot about the K-1 visa due to the show, but here are some of the basic facts to give you a better understanding of the practice. 

Benefits of obtaining US citizenship

Many people call California and other parts of the United States their home even though they were born elsewhere. Though numerous individuals have a different country of origin, they have lived in the United States, built their lives and developed a loyalty that has made them want to stay permanently. Additionally, a considerable number of these people also want to obtain citizenship.

Being a citizen of the United States offers benefits that having legal permanent residency does not. For instance, individuals who complete the naturalization process obtain the ability to vote in federal elections and become eligible to apply for jobs with government agencies if they wish. A citizen could also run for office in hopes of becoming an elected official.

Administration looking to appeal restraining order on asylum ban

Many people live their lives in fear. In some cases, individuals take drastic actions in hopes of escaping imminent danger, like leaving their home countries to seek asylum elsewhere. While numerous people come to the United States in hopes of finding safety in California or other states, they often face roadblocks along the way.

The current presidential administration is trying to put up even more roadblocks for asylum seekers, but the stps taken are not going into effect immediately. The administration issued a presidential proclamation last month to ban individuals who illegally come into the United States from its southern border from pursuing asylum unless they utilized official ports of entry. However, a federal district judge determined that the ban would conflict with immigration law.

US immigration law: Citizens often held in ICE custody

Dealing with any type of immigration issue can be difficult for people in California and elsewhere. It can be even more challenging to find a resolution to an issue if a person is working alone. Unfortunately, even citizens may find themselves at odds with or even detained by immigration authorities, which is a violation of U.S. immigration law.

The U.S. Immigration and Customs Enforcement does not have the jurisdiction to take U.S. citizens into custody and detain them. However, reports indicate that ICE agents commonly detain U.S. citizens. In fact, since 2012, over 1,400 citizens have been released from ICE custody. Officers are supposed to look into claims of U.S. citizenship, but those claims may not be looked at immediately, which could result in wrongful detainment.

It can take decades for individuals to become US citizens

Most people in California and around the world have dreams they hope to one day achieve. In some cases, those dreams can be turned into a reality much quicker than others, especially if certain procedures must be followed for the others. In particular, individuals dreaming to become citizens of the United States often have to wait several years before completing the process.

One woman recently gave her account of becoming a citizen after almost 18 years. She stated that she came to the United States with her husband from Pakistan due to fear that they would be harmed for their religious beliefs. After their daughter was married and had a child in the United States, the woman and her husband moved to the country and applied for green cards in 2001. However, they did not receive those cards until a decade later.

Are you ready to file a Petition for a Nonimmigrant Worker?

Let us say your company has won the bid for building a water distribution system and you need a civil engineer to work in the design phase of the project. Your boss has someone in mind, a foreign national who has the experience to handle this kind of project. To begin the hiring process, you must file Form I-129 to bring this person to the U.S. on the H-1B visa.

About the H-1B visa

Proposed plan may keep those seeking asylum out of the country

Lately, it seems as if there are new plans in the works every day to address certain aspects of immigration. In particular, changes to policies involving asylum have many individuals in California and elsewhere immensely concerned. Any change to immigration policies can significantly impact people who are simply trying to find a safe haven.

It was recently reported that individuals who are trying to come to the United States from Central America may not be able to enter the country while they await asylum. Currently, immigrants hoping to obtain protections in the United States are able to stay in the country while officials review and process their cases. However, a proposed plan called "Remain in Mexico" is under consideration by the U.S. government.

Trying to comply with US immigration law leads to man's arrest

Numerous people face a great deal of turmoil and uncertainty when it comes to their immigration status. Unfortunately, U.S. immigration law is complicated, and even when parties think they are complying with the law, they could end up facing negative repercussions. In some scenarios, they could even be arrested or deported.

California residents may be interested in one out-of-state man's case. Reports indicated that the man, who is a native of Mexico, had remained in a church for over a year while taking sanctuary there. However, he recently left the church in order to attend an appointment he had with the U.S. Citizenship and Immigration office in relation to a petition for deferred action he had submitted. Upon his arrival at the USCIS office, he was taken into custody by agents who were not in uniform.

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