Category Archive Green Card Attorney Fresno Immigration Lawyer

ByPhillip Kim

Tips for Passing the Naturalization Test

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Part of the process of becoming a U.S. citizen is passing the naturalization test which will be administered at your naturalization interview. You will be tested on the components English and Civics, although you may be eligible for an exemption or waiver. Be prepared to answer questions about your background and know your application front to back.

At your interview, you will be asked 10 questions out of the prepared list of 100 questions in English, and you must be able to answer six out of the 10 correctly to pass the civics portion of the test. You may be qualified to take the civics test in the language of your choice if you meet specific requirements.

The English part of the test incorporates reading, writing, and speaking. You must be able to write one out of the three sentences correctly, and the USCIS will determine your English proficiency based on your applications.

Repetition, interaction, and practice are keys to performing well on Civics and English. You will be given two chances to take the naturalization test and must be retested within 60 – 90 days of your first examination. To ensure success, it is important to familiarize yourself with the test and prepare with a qualified immigration attorney.

ByPhillip Kim

Obama to Appear on Spanish TV for Immigration Reform

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There are four television interviews scheduled for Spanish television networks this week by President Obama to discuss the matters of immigration reform. He will be using the Spanish network as a platform to stress the importance of passing the immigration reform bill by discussing its benefits to our nation’s economy.

The Congressional Budget Office and President Obama agree that the immigration reform bill will help reduce the nation’s deficits and improve the economy. By appearing on Spanish television, he hopes to gain support of the Hispanic population and push Republicans to come on board as well. Republican John McCain defends Obama and says he believes the president would be willing to work with Republicans to reach a compromise.

ByPhillip Kim

Will Democrats and Republicans Agree on Immigration Reform?

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Both Democrats and Republicans agree that America needs a solution to the illegal immigration problem, but each party has a different opinion on the new immigration reform bill, a measure to eventually grant citizenship to the 11 million undocumented immigrants.

Democrats believe undocumented citizens should be able to obtain citizenship if, after ten years, they register, pay taxes, do not received government benefits, and have no severe criminal records. They agree that if illegal immigrants are able to fulfill those requirements, then their citizenship will not be considered amnesty.

Republicans stress the importance of one criterion—to tighten border security. They claim that we would not have such a serious immigration issue if we had enforced border security back when illegal immigrants were 3 million, much less than what we have today. Some say they cannot agree with the immigration reform bill proposed because although they claim border security will be bolstered, it may not be actually enforced.

Although both parties may not agree with each other’s points, they both agree that something needs to be done about illegal immigration now.

ByPhillip Kim

How to Get a Green Card through a Job Offer

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There are several steps to apply for a green card, also known as permanent residency, if you believe you qualify through a job opportunity in the United States, and if you are an employer, you may help sponsor an employee for permanent residency.

If you live outside the U.S., you must go through a consular processing where you will be issued a visa, if available, when your petition gets approved. If you reside in the United States, you can obtain a green card by adjusting your status.

There will be several documents required when filing for your petition. Supporting documents include evidence of inspection during entry into the United States, copy of approval notice by the USCIS, proof of employment offer, two colored passport photos, biographic information, medical examination, affidavits, and other forms pertaining to your eligibility.

ByPhillip Kim

Immigration With the Temporary Work Visa

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The H-1B visa is for qualified workers wanting to enter the U.S. for a limited time in order to work. This visa is designed for migrants who already have a prospective employer in the U.S. who can file some necessary forms on the worker’s behalf. The H1-B program is only allotted 65,000 visas each year, so there is no guarantee that in any given year you will be granted an H-1B visa.

Before submitting the H-1B application, H-1B qualified occupations and H-1B3 fashion models must have the Labor Certification Application approved. Your prospective U.S. employer must file the LCA on your behalf with the U.S. Department of Labor. If you are granted certification, your employer can then file a petition for alien employee on your behalf. Both the certification and petition are necessary and mandatory for all H-1B1 and H-1B3 applicants. If you are being represented by an immigration attorney during your visa process, you must submit your consent to your lawyer’s interference. You will also need to include proper documentation of your identity, admissibility to the U.S., educational attainment, and relevant work experience necessary to your specific subcategory of the H-1B. Foreign language documents should include a full English translation to ensure proper review.

Alien workers applying to extend the time on their H-1B visa must reapply following the same guidelines.

ByPhillip Kim

Getting a Fiance(e) Visa

The fiancé(e) visa, also known as the K-1 nonimmigrant visa) allows your fiancé(e) to enter the U.S. for 90 days to get married. Once your marriage takes place, your spouse may apply for permanent residence and stay in the U.S. while USCIS processes the application.

To be eligible, you (the petitioner) must be a U.S. citizen, you must marry your fiancé(e) within 90 days of entry, any previous marriages must have been legally terminated, and you must have met your spouse at least once within 2 years of filing your petition (with exceptions).

If your fiancé(e) has a child under 21 and unmarried, a K-2 nonimmigrant visa may also be available. After admission of your fiancé(e), he or she may immediately apply for permission to work by filing an application for employment.

ByPhillip Kim

Immigration Reform 2013: Piecemeal Proposal

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House Speaker John Boehner rejects introducing the Senate’s immigration reform bill for debate on the House floor. He justifies by stating that the majority of GOP House members would not vote to allow 11 million undocumented people get citizenship. Instead, GOP members propose single-issue, “piecemeal” bills which reflect conservative ideals.

Democrats oppose this “piecemeal” idea on immigration because it is insufficient for illegal immigrants seeking legalization. However, Democratic House members see it as the only way for the Senate to even consider the bill in the House.

House Republicans drafted three immigration bills that are opposed by Democrats: Strengthen and Fortify Enforcement Act, Legal Workforce Act, and Agricultural Guestworker Act. The Strengthen and Fortify Enforcement Act allow law enforcement to crack down on illegal immigration. The Legal Workforce Act requires employers to use E-Verify within two years to verify the work eligibility status of employees. The Agricultural Guestworker Act creates a farm work program for foreign labor but does not include worker protection.

ByPhillip Kim

Facing Deportation and Removal—What You Can Do

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If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

Getting U.S. Citizenship Through Naturalization

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U.S. citizenship provides many rights, but also involves many responsibilities. Thus, the decision to become a U.S. citizen through naturalization is important. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. To be eligible for naturalization, you must first meet certain requirements set by U.S. law.

Requirements to be eligible for naturalization include being age 18 or older, being a permanent resident for a certain time period, having good moral character, having a basic knowledge of the U.S. government, having continuous residence in the U.S., and being able to communicate English (with some exceptions).

So when is it possible to apply for naturalization?

One may be able to apply for naturalization if he/she is at least 18 years of age and have been a permanent resident either for at least 5 years, at least 3 years (during which you have been in a marriage relationship with your U.S. citizen husband or wife), or have honorable service in the U.S. military. Certain spouses of U.S. citizens and/or members of the military may be able to file for naturalization sooner than noted above.

To learn more about the naturalization process and take the first step in applying for U.S. citizenship, contact attorney Phillip Kim for specialized help tailored to your needs.

ByPhillip Kim

Supreme Court Bolsters Gay Marriage With Two Major Rulings

From New York Times:
WASHINGTON — In a pair of major victories for the gay rights movement, the Supreme Court on Wednesday ruled that married same-sex couples were entitled to federal benefits and, by declining to decide a case from California, effectively allowed same-sex marriages there.
The rulings leave in place laws banning same-sex marriage around the nation, and the court declined to say whether there was a constitutional right to such unions. But in clearing the way for same-sex marriage in California, the nation’s most populous state, the court effectively increased to 13 the number of states that allow it.
The decisions will only intensify the fast-moving debate over same-sex marriage, and the clash in the Supreme Court reflected the one around the nation. In the hushed courtroom Wednesday morning, Justice Anthony M. Kennedy announced the majority opinion striking down the federal law in a stately tone that indicated he was delivering a civil rights landmark. After he finished, he sat stonily, looking straight ahead, while Justice Antonin Scalia unleashed a cutting dissent.
The vote in the case striking down the federal Defense of Marriage Act was 5 to 4, and Justice Kennedy was joined by the four members of the court’s liberal wing. The ruling will immediately extend many benefits to couples married in the states that allow such unions, and it will allow the Obama administration to broaden other benefits through executive actions.
The case concerning California’s ban on same-sex marriage, enacted in a ballot initiative known as Proposition 8, was decided on technical grounds, with the majority saying that it was not properly before the court. Because officials in California had declined to appeal a trial court’s decision against them, and because the proponents of the ban were not entitled to step into the state’s shoes to appeal the decision, the court said, it was powerless to issue a decision. That left in place a trial court victory for two same-sex couples who had sought to marry.
The vote in the California case was also 5 to 4, but with a different and very unusual alignment of justices. Chief Justice John G. Roberts Jr. wrote the majority opinion, and he was joined by Justice Scalia and Justices Ruth Bader Ginsburg, Stephen G. Breyer and Elena Kagan. The four dissenters — Justice Kennedy and Justices Clarence Thomas, Samuel A. Alito Jr. and Sonia Sotomayor — said they would have decided whether Proposition 8 was constitutional. But they did not say how they would have voted.
The case on the federal law was the more important one from a legal perspective, setting the terms for challenges to state bans on same-sex marriage. Justice Kennedy’s reasoning, as Justice Scalia noted at length in dissent, could just as easily have applied to state laws as to the federal one.
“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the state, by its marriage laws, sought to protect in personhood and dignity,” Justice Kennedy wrote. “By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.”
He said the law was motivated by a desire to harm gay and lesbian couples and their families, demeaning the “moral and sexual choices” of such couples and humiliating “tens of thousands of children now being raised by same-sex couples.”
The constitutional basis for striking down the law was not entirely clear, as it had elements of federalism, equal protection and due process. Justice Kennedy said the law’s basic flaw was in its “deprivation of the liberty of the person protected by the Fifth Amendment.”
He added that the ruling applied only to marriages from states that allowed gay and lesbian couples to wed.
Dissenting from the bench, Justice Scalia said that that declaration took “real cheek.”
“By formally declaring anyone opposed to same-sex marriage an enemy of human decency,” Justice Scalia said, “the majority arms well every challenger to a state law restricting marriage to its traditional definition.”
Exactly 10 years ago, Justice Scalia issued a similar dissent in Lawrence v. Texas, which struck down laws making gay sex a crime. He predicted that the ruling would lead to the legal recognition of same-sex marriage, and he turned out to be right.
The court’s four more conservative justices — Chief Justice Roberts and Justices Scalia, Thomas and Alito — issued three dissents between them in the case on the federal law. They differed in some of their rationales and predictions, but all agreed that the law, which passed with bipartisan support and which President Bill Clinton signed, was constitutional.
Chief Justice Roberts said that he “would not tar the political branches with the brush of bigotry,” and that “interests in uniformity and stability amply justified Congress’s decision” in 1996, which, “at that point, had been adopted by every state in our nation, and every nation in the world.”
Justice Scalia wrote that the majority had simplified a complex question that should be decided democratically and not by judges.
“In the majority’s telling, this story is black-and-white: Hate your neighbor or come along with us,” he wrote. “The truth is more complicated.”
The decision will raise a series of major questions for the Obama administration about how to overhaul federal programs involving marriage. Justice Scalia noted some of the difficult problems created by the decision in the case,United States v. Windsor, No. 12-307. “Imagine a pair of women who marry in Albany and then move to Alabama,” he wrote. May they file a joint federal income tax return? Does the answer turn on where they were married or where they live?
The case before the justices concerned two New York City women, Edith Windsor and Thea Clara Spyer, who married in 2007 in Canada. Ms. Spyer died in 2009, and Ms. Windsor inherited her property. The federal law did not allow the Internal Revenue Service to treat Ms. Windsor as a surviving spouse, and she faced a tax bill of about $360,000, which a spouse in an opposite-sex marriage would not have had to pay. Ms. Windsor sued, and last year the United States Court of Appeals for the Second Circuit, in New York, struck down the federal law.

The Obama administration continued to enforce the federal law, but it urged the justices to strike it down as unconstitutional, prompting House Republicans to step in to defend it. The justices differed on whether the case’s odd procedural posture deprived the court of jurisdiction, much as the machinations in the Proposition 8 case had.
Justice Kennedy said that the federal government retained a stake in the case, and that the lawyers for House Republicans had made “a sharp adversarial presentation of the issues.” Because the “rights and privileges of hundreds of thousands of persons” were at stake, Justice Kennedy wrote, it was urgent that the court act.
In the California case, Chief Justice Roberts said that the failure of state officials to appeal the trial court decision against them was the end of the matter. Proponents of Proposition 8 had suffered only a “generalized grievance” when the ballot initiative they had sponsored was struck down, the chief justice wrote, and they were not entitled to represent the state’s interests on appeal. The ruling in the case, Hollingsworth v. Perry, No. 12-144, erased the appeals court’s decision striking down Proposition 8.
As a formal matter, the decision sent the case back to the appeals court, the United States Court of Appeals for the Ninth Circuit, in San Francisco, “with instructions to dismiss the appeal for lack of jurisdiction.” That means the trial court’s decision stands.
Lawyers for the two sides had different interpretations of the legal consequences of the Supreme Court’s ruling. Supporters of Proposition 8 said it remained the law in California because the trial court’s decision applied only to the two couples who had challenged the law. The lawyers who filed the challenge to Proposition 8, Theodore B. Olson and David Boies, said the trial court decision was binding in all of California.
As a practical matter, Gov. Jerry Brown, a Democrat, instructed officials to start issuing marriage licenses to same-sex couples as soon as the Ninth Circuit acts.
If California becomes the 13th state to allow same-sex marriage, about 30 percent of Americans will live in jurisdictions where it is legal. Until last year, when four states voted in favor of same-sex marriage at the ballot box, it had failed — or bans on it had succeeded — every time it had appeared on a statewide initiative.