Fresno Immigration Attorney

Yearly Archive August 15, 2012

ByPhillip Kim
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Work Permit for Dreamers and Deferred Action Dream Act

Work Permit for Dreamers and Deferred Action Dream Act

Ask DREAM ACT Attorney – Call (559) 448-8500

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.

According to USCIS an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit required documents and fees.
Even If you are currently in immigration detention or face imminent removal, you might be still eligible for Deferred Action.

For more information, please contact:
Phillip Kim, esq.
Phillip Kim Law Center
Tel. (559) 448-8500
Tel. (619) 752-5379

ByPhillip Kim
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Work Permit for Dreamers and Deferred Action Dream Act Immigration Reform

Work Permit for Dreamers and Deferred Action Dream Act

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.
According to USCIS an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit required documents and fees.
Even If you are currently in immigration detention or face imminent removal, you might be still eligible for Deferred Action.
For more information, please contact:
Phillip Kim, esq.
Phillip Kim Law Center
Tel. (559) 448-8500
Tel. (619) 752-5379

[email protected]
www.PhillipKimLaw.com
www.PKimmigration.com

Keywords: Dream Act, Dreamers, Immigration Reform, Work Permit, Deportation, Removal, Detention, Immigration Attorney, Immigration Lawyer, Deferred Action

ByPhillip Kim

Work Permit & Deferred Action of Removal & Deportation by DHS under new Immigration Law President Obama

Work Permit & Deferred Action of Removal & Deportation by DHS under new Immigration Law President Obama

DHS Outlines Deferred Action for Childhood Arrivals Process

USCIS to begin accepting requests for consideration of deferred action on August 15, 2012

WASHINGTON—The Department of Homeland Security today provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date.

On June 15, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.

USCIS expects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.

Information shared during today’s call includes the following highlights:

Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
Requestors will use a form developed for this specific purpose.
Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
All requestors must provide biometrics and undergo background checks.
Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
The four USCIS Service Centers will review requests.

ByPhillip Kim
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How President Obama’s New Immigration Law Can Benefit Immigrants

The Obama Administration’s latest new immigration law could benefit many immigrants.

Effective June 15th, 2012, President Obama’s new immigration law will do two things for young immigrants: prevent deportation and grant work permits.

The Obama Administration decided it was time to address the needs of thousands of struggling, young immigrants. Many of these immigrants were brought the United States at a young age and have significant ties to this country – some have lived here since they were children and only speak English. The new law is meant to provide these immigrants with a solution that would prevent them from being deported and would also allow them to work legally in the U.S.

The law is tailored for immigrants who are currently under the age of 30. The immigrant must prove that he is not a threat to the country. Good moral character will also be taken into account. This means that if the immigrant has a history of crime or criminal offenses, he may be denied under this new law.

The new law is meant for young immigrants who came to the U.S. under the age of 16. As minors, these immigrants had no choice in coming to this country. Now that they are here, they should be allowed to stay and get work legally.

Finally, the last requirements under this law are that the immigrant is currently in school or has graduated from high school. If you have received some form of a G.E.D., then that would be acceptable as well. You must also have been living in the U.S. since 2007. If you left at any time within the past 5 years or are currently NOT in the U.S., then you might not be eligible to apply under this law.

Even though you meet these minimum requirements, you may not be eligible for the benefits of this new law. For example, documents must be submitted as proof or evidence that you meet the requirements. If you fail to provide the government with proper documents, your case may be denied.

Furthermore, there may be more requirements for specific cases. A certain criminal offense might still mean that you are eligible for some protection under this law, while other offenses will bar you from benefits altogether.

For these reasons, it is important to discuss your options with a specialized immigration lawyer. Contact Attorney Phillip Kim for more information about Obama’s new law and how it will affect you.

Phillip Kim, esq.
Phillip Kim Law Center

Fresno Office
(559) 448-8500
PhillipKimLaw.com

San Diego Office
(619) 752-5379
PKimmigration.com

ByStaff
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How to Apply for a Work Permit under New Immigration Law

The Obama Administration’s latest new immigration law could benefit many immigrants.

Effective June 15th, 2012, President Obama’s new immigration law will do two things for young immigrants: prevent deportation and grant work permits.

The Obama Administration decided it was time to address the needs of thousands of struggling, young immigrants. Many of these immigrants were brought the United States at a young age and have significant ties to this country – some have lived here since they were children and only speak English. The new law is meant to provide these immigrants with a solution that would prevent them from being deported and would also allow them to work legally in the U.S.

The law is tailored for immigrants who are currently under the age of 30. The immigrant must prove that he is not a threat to the country. Good moral character will also be taken into account. This means that if the immigrant has a history of crime or criminal offenses, he may be denied under this new law.

The new law is meant for young immigrants who came to the U.S. under the age of 16. As minors, these immigrants had no choice in coming to this country. Now that they are here, they should be allowed to stay and get work legally.

Finally, the last requirements under this law are that the immigrant is currently in school or has graduated from high school. If you have received some form of a G.E.D., then that would be acceptable as well. You must also have been living in the U.S. since 2007. If you left at any time within the past 5 years or are currently NOT in the U.S., then you might not be eligible to apply under this law.

Even though you meet these minimum requirements, you may not be eligible for the benefits of this new law. For example, documents must be submitted as proof or evidence that you meet the requirements. If you fail to provide the government with proper documents, your case may be denied.

Furthermore, there may be more requirements for specific cases. A certain criminal offense might still mean that you are eligible for some protection under this law, while other offenses will bar you from benefits altogether.

For these reasons, it is important to discuss your options with a specialized immigration lawyer. Contact Attorney Phillip Kim for more information about Obama’s new law and how it will affect you.

Phillip Kim, esq.
Phillip Kim Law Center

Fresno Office
(559) 448-8500
PhillipKimLaw.com

ByStaff

California Immigration Bill May Help Undocumented Workers

Democratic Assemblyman Manuel Perez introduced a legislative bill in California that would have a serious, positive impact for many hardworking immigrants here. The bill is known as the California Agricultural Jobs and Industry Stabilization Act of 2012.

Also known by its more formal name of AB 1544, this bill would allow certain working immigrants to work legally in California. If an immigrant has been working for at least 150 days and is making true efforts to learn the English language, then, for a fee, that same immigrant may qualify for employment authorization papers. Not only the immigrant, but his or her spouse and children may also be eligible to obtain permission to live in the United States legally. Of course, any criminals would not be permitted to apply for legal status under this bill. If the bill is passed, all applicants must send in a fingerprint and background check.

This law demonstrates the importance that hard working immigrants have for the Californian economy. Currently, California has a $37.5 billion agricultural economy that rests on immigrant workers in fields who spend long hours harvesting and picking crops. If immigrants were not willing to endure the heat, long hours, and back breaking labor, then California’s agricultural economy would sink because US citizens would be less willing to take on these jobs.

In addition to agriculture workers, immigrants also take on other types of jobs like domestic services including housekeeping and janitors, as well as work in many fast food restaurants. This new bill would also apply to these immigrants.

So far, AB 1544 has been passed by the Assembly of Labor and Employment Committee by a majority vote. Now, an appropriations committee must approve the bill. After that, it will reach Assembly floor where assembly members will vote on whether or not to pass the act.

The bill faces certain obstacles. For example, it is not enough if the California state legislature approves the bill. The federal government must also approve the bill. Also, those who support the bill must find a way to prove that the difficult jobs that are taken by immigrants would not be taken by American workers. The employment rate in California is 11%; in order for the bill to pass, it must be proven that those unemployed Americans in California would not accept the jobs that immigrants currently take.

There are high hopes for AB 1544. The California economy cannot afford to lose its labor force, and the reality is that the agricultural sector relies on labor that immigrants offer. Even if this bill does not make it past the federal government, it will still have an important impact on our immigration policies. Other states may realize the impact that immigrants have on their economies, prompting further action from state assemblies to increase pathways to legalization for immigrants.

ByStaff
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Working in the US Without Your Papers? This Legislative Bill May Help You

Led by Congressman Felipe Fuentes (D-Los Angeles), The California Opportunity and Prosperity Act (COPA) is a law that focuses on making California a stronger, wealthier nation with less illegal immigration issues.

COPA would do two things for illegal immigrants:

  1. 1. They would be allowed to work in California legally (even though they may not have their papers)
  2. They would not be given harsh punishment if they are caught by federal officers (some immigrants will be placed on the bottom of the “deportation list”, other immigrants could be forgiven and might avoid deportation altogether)

COPA is called a prosperity act because, if immigrants are allowed to legally work in the California, it is possible that the state will gain $325 millions of dollars per year.

Registering some immigrants that are currently working will mean that there are more tax dollars entering California’s budget. The money we would gain from these immigrants would help fund safety and educational programs in California.

Currently, immigrants are usually detained right away and forced to sign papers that guarantee their deportation. Under COPA, immigrants will be given time to get their papers together if they are ever caught by federal officials.

COPA would only apply to certain qualifying immigrants in California. In order to qualify, you must meet the following requirements:

  1.  You must be paying state taxes and have an Individual Taxpayer Identification Number (ITIN)
  2. You must have NO felonies (NO convictions for felonies either)
  3. If you are a suspected terrorist, you do not qualify
  4. You must know English, or at least be learning it
  5. You must pay a fee and provide a photo of yourself
  6. You must have NO public charges against you
  7. You must have lived here since before Janurary 1, 2008

There is much heated debate about COPA. It was defeated 15 times in Washington D.C. because of political fights between Republicans and Democrats. That’s why it is now a Californian bill.

Some say that this Act should be passed because states have a right to determine their immigration policy. Others disagree and want to leave it up to the federal government.

There are also possible drawbacks of this bill. What if the 2013 California administration is more conservative than the one we have right now? If used the wrong way, this bill could be used as a tool to root out illegal immigrants and register their names in the system. It would become much easier to find and convict immigrants if they willingly sign themselves up as undocumented immigrants.

Of course, if the bill is used for purposes it was meant for, it could mean a sigh of relief for almost 1 million undocumented immigrants in California.

We will keep you updated about the progress of this bill. As on now, the bill needs more than 500,000 signatures to appear on the ballot.

To learn more about COPA, please visit the official website, here.

ByStaff
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Working in the U.S. Without a Green Card? Learn How to Apply for One

There are many ways to obtain a green card as a worker. Some of the categories that may be approved for a worker’s green card are: offer of permanent employment, entrepreneurship, investment, special or particular skills. There are also certain fields of work currently allowing green card applications as workers. If you have a job offer for permanent work, you can apply for your green card from both inside and outside the U.S. but the procedure does differ.

If you are living in the U.S., you must first submit a petition for status as an immigrant worker. After your petition there is a waiting period for a visa. After your visa becomes available, you can apply for your green card as a permanent worker. Your ability to prove your eligibility as a permanent worker with a job offer will aid in the green card process.

If you are not yet living in the United States, submit your petition as a worker from your country of origin. After your application is submitted, there will be a waiting period for an available visa. Once your visa is approved, you may travel to the U.S. for residence.

For more information on obtaining a green card, contact immigration attorney Phillip Kim.

(559) 761-9472

ByStaff
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Related to a U.S. Citizen? Learn How to Get a Green Card!

There are multiple ways to get a green card as a relative of a U.S. citizen. As the spouse, unmarried child, or parent of an adult citizen (over 21 years old) you qualify as an immediate relative. Green cards for immediate relatives are unlimited, so there is no waiting for a visa as an immediate family member. Receiving a green card will allow you to live and work in the U.S. as a permanent resident.

If you are already in the United States, to receive a green card, you will file need to file for permanent residence. Second, you will petition for your status as an immediate relative of a citizen. For immediate relatives of U.S., these two steps can be done at the same time or you can submit your petition and then file for residence.

If you are not yet living in the U.S., you must submit your petition for residence as a family member of a citizen first. After your petition is submitted, there is a waiting period for a visa to allow you to travel to the U.S. This process is the same for immediate and non-immediate family members of citizens.

Your status as a child will most likely be counted from the date of your petition, and that to keep the status of child you must be 21 years old or younger. Also, children under 21 must be unmarried through the green card process in order to count as immediate relatives. If you are the married child of a U.S. citizen you do not count as an immediate relative, but can still petition for residence as a family member of a U.S. citizen.

For more information and help with getting a green card, contact attorney Phillip Kim in Fresno, California.

(559) 761-9742

ByStaff

The LIFE Act: All About the I-130, the I-140, and the Labor Certification

The Legal Immigration Family Equity (LIFE) Act allows some people to get a permanent residence card regardless of history of illegal presence in the U.S. In order to be eligible for the LIFE Act, you need to have had a petition for alien worker or relative (I-130 or I-140) filed on your behalf before April 30, 2001. You can also qualify to get a green card under the LIFE act if you have or have had labor certification.

The I-130 can be filed by U.S. citizens and legal residents on behalf of a relative who hopes to immigrate to the U.S. The petition for alien relative demonstrates a relationship between the pending immigrant and a lawful U.S. resident. The citizen or resident relative petitioner does not need to be present in the U.S. to file the petition for alien relative.
The I-140 Petition for Alien Worker must be filed by a U.S. employer on behalf of a future employee wishing to become a permanent resident.

You can also use a labor certification to get Section 245 protection. Labor certification is given through the U.S. Department of Labor to skilled workers or to unskilled workers who will be performing unfilled jobs in the U.S. market. Labor certification is filed by a petitioner, your U.S. employer. If your petition for Labor Certification was revoked or denied by Immigration and Naturalization Services (INS) at any time since you filed (before April 30, 2001) the LIFE Act may still allow you to use this petition to gain permanent residence.

Denial of your petition for labor certification does not automatically disqualify you from getting section 245 protection, as long as you filed before April 30, 2001. If your labor certification petitioner is no longer able to be responsible for your petition when you attempt to get a green card, you may still be eligible to be included. Examples could include the death of your petitioner, a divorce from your petitioner, your employer is no longer in business, and so on.

If you have petitioned for the proper immigration provisions or have petitioned for labor certification, you may be eligible to get a green card for permanent residence under the LIFE act.

For more information and help with petitioning for residence and other immigration services, contact immigration attorney Phillip Kim.

(559) 761-9742

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Testimonials


"My family member recommended Attorney Phillip Kim. My whole experience with Attorney Kim's office was pleasant. Attorney Kim was thorough in preparing my case and assured me answering all of my questions throughout the process. I got my Green Card in a little over 3 months from filing and the entire process took less than one year. I would definitely recommend Attorney Phillip Kim to anyone who wants to fix their immigration status." Gina & Edgar from the Central Valley

"Amazing service. Great communication. My case was approved a little over three months. I have been recommending Mr. Kim to my family and friends." Alexa & Abraham from the Central Valley
"I am a DENTIST busy managing two offices and hired Attorney Kim recently. Alex Denes, DDS, PhD. Mr. Phillip Kim is a very knowledgeable and efficient immigration attorney. I was extremely pleased on how he handled the immigration of my father-in-law. His office staff is courteous and always returned my calls and email inquiries in a timely fashion. His Fresno office is very clean and he has extremely good knowledge of the US immigration law. I felt very safe having him handle our case. I am confident that you will not benefit of the same level of professionalism elsewhere. I am a busy professional, dentist with 2 offices and time and efficiency matters more. All that said, I found his fees to be extremely reasonable relative to the kind of service that he provides. I congratulate him on his knowledge and dedication as well as I congratulate his office staff for their professionalism. Dr. Alex Denes, DDS, PhD."
“I am a REGISTERED NURSE and My father just went through very lengthy difficult deportation proceedings. We hired our first lawyer, who lost our case. That’s when we hired Attorney Kim, who appealed and took our case to San Francisco Immigration Court. He attended our hearings in Court and finally won our case. My father now has a Green Card. If you have a Deportation Case or are about to be deported, please call me. I will tell you how Attorney Kim helped my father with his Deportation case. My Cell # is (559) 802-7124.” – by Nalleli Medina, RN; Tulare, CA.
"I am an ENGINEER. Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"
“I am a REGISTERED NURSE. We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA, RN and Family; Fresno, CA.

 

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Testimonials

"I am a DENTIST busy managing two offices and hired Attorney Kim recently. Alex Denes, DDS, PhD. Mr. Phillip Kim is a very knowledgeable and efficient immigration attorney. I was extremely pleased on how he handled the immigration of my father-in-law. His office staff is courteous and always returned my calls and email inquiries in a timely fashion. His Fresno office is very clean and he has extremely good knowledge of the US immigration law. I felt very safe having him handle our case. I am confident that you will not benefit of the same level of professionalism elsewhere. I am a busy professional, dentist with 2 offices and time and efficiency matters more. All that said, I found his fees to be extremely reasonable relative to the kind of service that he provides. I congratulate him on his knowledge and dedication as well as I congratulate his office staff for their professionalism. Dr. Alex Denes, DDS, PhD."
“I am a REGISTERED NURSE and My father just went through very lengthy difficult deportation proceedings. We hired our first lawyer, who lost our case. That’s when we hired Attorney Kim, who appealed and took our case to San Francisco Immigration Court. He attended our hearings in Court and finally won our case. My father now has a Green Card. If you have a Deportation Case or are about to be deported, please call me. I will tell you how Attorney Kim helped my father with his Deportation case. My Cell # is (559) 802-7124.” – by Nalleli Medina, RN; Tulare, CA.
"Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"
“We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA and Family; Fresno, CA.
“I hired two other lawyers before Mr. Kim. They could not do it. It was denied. Finally, my third attorney, Mr. Kim helped me to get my green card even after my husband died. Please call me at (559) 283-5636. (ask for Reagan). We will tell you more about how Mr. Kim helped us.” – by Sochinda Nguon & Reagan; Fresno, CA"

 

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