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Northern California Immigration Law Blog

US immigration law may allow deported parents' kids to be adopted

No one in California or elsewhere wants to lose a child under any circumstances. However, many immigrants who came into the country through illegal means found themselves separated from their children at the border. A number of those parents were even deported from the country while their children were kept in the United States. Now, U.S. immigration law may allow those children to be put up for adoption.

Though there was an order issued to reunite children with their parents, over 200 children still remain in custody. Now, there is concern that those children could potentially be put up for adoption without notifying their parents. This type of situation is not new as there are a number of instances of such adoptions taking place in the past.

US immigration law: Waivers may help some looking to obtain visas

Some people may come to California or other parts of the United States without following the proper immigration steps. Still, they may build lives here and even find love that results in their marrying U.S. citizens. While marrying a citizen can impact a person's immigration status, a waiver may be needed under U.S. immigration law if the person has an unlawful presence in the country and hopes to obtain a visa.

The waiver a person may need is referred to as a provisional unlawful presence waiver. When approved, this waiver allows unlawfully present individuals who have an eligibility for an immigration visa, such as those married to U.S. citizens, to waive the restrictions placed on unlawfully present parties before they can come back to the country. Even with an approved waiver, parties must still leave the country and attend a visa interview.

Judge stops deportations for some immigrants

Immigration reform is a complex issue that has escalated across the country over the past few months. On Oct. 3, 2018, a judge in San Francisco ruled that a new policy would cause "irreparable harm and great hardship" to the immigrants it affects. What would this new policy change and how might it affect immigrants in the area?

What is the existing policy?

Potential caregivers detained for US immigration law violations

The fact that children of individuals looking to enter the United States have been separated from their parents and detained is not particularly new information. Many parents and other family members have struggled with this situation, and numerous children have been left without their loved ones. Though individuals can come forward to provide care for these undocumented children, officials are now reportedly using that opportunity to detain individuals in violation of U.S. immigration law.

California readers may be interested in a recent report that stated that Immigration and Customs Enforcement officials have taken numerous individuals into custody who wanted to care for immigrant children. Apparently, in order for parties to be approved as sponsors, they must now go through a background check and fingerprinting process. As a result of this policy, 41 individuals have been arrested by ICE.

Dates are important when seeking adjustment of status

Wanting to become a permanent resident in the United States may have been a lifelong dream. Of course, the process for those in California and other states can be immensely complex, and knowing the right time to take certain steps is not always clear. Unfortunately, if a person fails to file an adjustment of status petition or take another step of the process at the right time, he or she could face difficulties.

When it comes to adjusting immigration status, there are a number of steps that need to be taken. If an immediate relative who is already a citizen -- like a spouse -- has filed an immigration petition, the person seeking an adjustment can file his or her adjustment of status application at the same time as the relative's immigration petition. The date to file the application is known as the priority date.

Proposed agreement could help parents seek asylum

At some point, many individuals want to change their lives or seek a new life somewhere else. Commonly, people utilize immigration channels in order to reach their desired destinations. However, it is also common for parties to have difficult times crossing the border into the United States, especially if they are trying to seek asylum.

Most California residents have undoubtedly heard stories of parents and children being separated at the border as they try to enter the country. The separations have been the center of much outcry, and some parents were even sent from the country without their children after being detained. Recent reports stated that the American Civil Liberties Union has come to a proposed agreement with the current presidential administration that addresses these families.

Fingerprinting is part of the citizenship process

Many people on their immigration journeys in California and across the country are easily overwhelmed by the many steps of the process. They may even come across certain requirements that they were not expecting. However, they know that these steps are important as they work toward obtaining citizenship.

One action that some individuals may not have been expecting to go through is a fingerprinting process. This action takes place after a person has filed a citizenship application. The applicant will receive a letter from the U.S. Citizenship and Immigration Services requesting the fingerprinting, which must be done at an authorized fingerprint site. Fortunately, there are numerous authorized sites where this part of the process can take place. Additionally, applicants will have to pay an $85 fee for the service unless otherwise stated.

Tips for staying on the right side of U.S. immigration law

Immigrating to the United States is a goal of many people. Of course, it is not an easy journey to take as there are many particular steps to address in regard to U.S. immigration law. Luckily, individuals in California and elsewhere can make efforts to help themselves along the way.

One step that parties may want to take is to prepare for delays. Though a person may put in his or her application in a timely manner, the U.S. Citizenship and Immigration Services often have a backlog of applications to review. As a result, it can take years to complete one part of the process. It makes sense to have a plan in case a delay affects the validity of a visa or green card.

The increase of ICE arrests in courtrooms

There has been a sharp increase in the number of arrests Immigration and Customs Enforcement has conducted over the last year. The agency has utilized new methods to track down and arrest undocumented immigrants, especially in sanctuary states, such as California. Recently, ICE has taken to arresting undocumented immigrants in courtrooms. 

Take a recent case in Sacramento as an example. The defendant pled not guilty to felony charges, and at the end, his attorney had instructed him he would be able to go home afterward. That is not what transpired. Instead, an ICE agent was at the courtroom and arrested him for unlawful re-entry into the United States. 

Employment immigration can be beneficial and complex

Immigrating to a new country for any reason can be complicated. There are many rules and steps that need to be followed, and in some cases, the person looking to immigrate and someone from the country the person is immigrating to may need to take actions. This scenario is particularly true for employment immigration.

For California employers looking to obtain temporary workers from foreign countries, petitions typically need to be filed with the U.S. Citizenship and Immigration Services because of the limited number of visa approvals offered. Employers may also need to obtain certifications or approval that the job warrants the use of foreign workers. There are also various categories and stipulations that apply to the use of temporary foreign workers, so employers may want to make sure they have the right information.

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