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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

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

ByStaff
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Are You a Mexican Professional Worker? Learn How to Apply for a TN NAFTA Visa

 

The TN NAFTA visa is meant for professional workers from Mexico and Canada. This visa allows Mexican citizens to come to the U.S. and work for at a professional job that meets NAFTA requirements. To learn more about those requirements, see our past articles.

You must have a TN NAFTA visa before entering the U.S.

The process of applying involves proving that your employment is on par with NAFTA requirements. Required documents are: Form DS-160 (Nonimmigrant Visa Application, $140), a valid passport, a 2×2 photo of you, and a letter or statement from your boss or future employer in the U.S. This letter should outline the following information: facts about your profession (stating that the profession requires someone with professional ability), evidence that you will be hired (how the employer will pay your salary, full time or part time), and a detailed statement, letter, or contract that explains the business activities that your employer will provide.

This letter or contract will explain why you are entering the U.S. and your new job with the U.S. employer. The employer should also describe how long you plan to stay in the U.S. for, as well as your educational background and qualifications that show your status as a professional worker. Your employer must also explain that he or she complies with state law and DHS regulations that concern the business or place of employment. The employer should explain how he or she is going to pay your salary.

If you choose to bring your family with you, they will need to submit paperwork as well. Your spouse and any children under the age of 21 can join you in the United States. First and foremost, they must prove their relationship to you. They must also provide proof of their citizenship in Mexico and copies of your entry documents (in other words, the family must show that the TN NAFTA visa holder is obeying legal requirements). Also, the family does not have to have Mexican citizenship. They can be citizens of another country.
Your family will be allowed to study but not work. If you are already in the United States and want your family to join you, they will need copies of your I-94 papers (Arrival-Departure Record) to show that you are still maintaining your status.

Basically, all of this means that you must establish that the job you will be employed for is a legitimate one that belongs to a NAFTA list category. You have to show that your intended stay is only temporary (show that you have a stable home in Mexico). Your employer has to demonstrate that you, the applicant, meet all the minimum degree requirements for the job you are going to take. Degrees, diplomas, educational certificates, and professional licenses or membership to professional organizations are all examples of your educational status.

You should translate documents that are written in Spanish. And include validation of your documents by a credible outside source – there are some companies that offer professional validation of documents. You may need to contact one of these agencies.
Also show your work experience or business records if you were self-employed. All of these documents will help demonstrate that you are coming to the U.S. to work in a special field. One note: you do NOT need to prove that you are licensed to work in a certain field.

Every state has different laws relating to this issue. If you want to learn more, contact Immigration Attorney Phillip Kim. He has expertise in immigration law and can help you determine if the NAFTA Visa is the right type of visa for you.

(559) 761-9742

ByStaff
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How to Get an E-2 Visa as the Employee of a New Investor

The E-2 visa for foreign investors is designed to promote investment in U.S. companies for people not looking to immigrate permanently. If your employer is in the U.S. on an E-2 “treaty investors” visa, you may also be eligible to travel on an E-2 visa for work in a new business enterprise or U.S. investment.

Your employer must already be a foreign investor with E-2 status living on a treaty investors visa in order for you, the employee, to also qualify for the E-2 visa. If you are looking to work in the U.S. but do not qualify for the E-2 visa, you may be eligible for other visas. Further, the E-2 visa is a non-immigrant, temporary visa. If you are looking to become a permanent resident of the U.S., look into information on the green card process.

To qualify for the E-2 visa, you need to be the same nationality as the employer who holds E-2 status. Your position in the enterprise should either hold some seniority or your skills should be considered irreplaceable to the firm. Things to keep in mind about this requirement can be whether or not you will be performing a unique or individual skill in the job, whether or not these skills are found elsewhere in the U.S., and whether or not your skills will garner a compensating wage.

If you think you are eligible for the E-2 visa, you can file for status as the employee of an investor. If you are not currently in the U.S., you should contact the state department for your visa and petition for E-2 status when you enter the country.

The E-2 visa lasts for an initial period of 2 years. If your skills are still necessary and your investor employer extends his or her stay in the country to grow the investment, your E-2 employee visa can also be extended. However, you should remember that skills considered necessary at one time may not be considered so at a later time. This means that there is no guarantee that you will be able to extend your E-2 visa performing the same job duties that got you that visa originally. The E-2 visa does allow for travel abroad and you are generally granted your 2 year stay upon returning to the country.

For more information and help about getting a visa, contact Immigration Attorney Phillip Kim.

ByStaff
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Learn About the E-2 Investor Visa

The Investors visa can be a very broad category. If you are interested in investing a large sum of capital in a U.S. company you, your employees, and your family may be eligible for a visa of up to 2 years. When 2 years is up, your visa is eligible to be extended if your stay remains temporary. That means that the E-2 visa is considered non-immigrant and you should intend to leave the country in the future. If you are interested in fully immigrating to invest in a U.S. company and becoming a permanent resident, look into the green card process for investors.

To be eligible for an E-2 visa, you should see a list of countries from which investors have been approved for temporary stay in the U.S. These countries are called treaty countries, and the E-2 visa is also referred to as the treaty investors visa. If you are a national from an eligible country and are currently in the U.S., you can file for E-2 status as an investor. From outside the U.S., the U.S. state department can issue you a visa and you can declare investor status when you enter the U.S.

To be an eligible investor, you should own at least half of the commercial enterprise and plan to oversee, direct, and advance its further growth. The enterprise must present a substantial investment, meaning that it can financially sustain the investor and his or her family and aims to generate new jobs, goods, or services.

However, the investment should still meet traditional business standards of being at risk for loss and aimed at making profit. The investment should meet legal requirements and the investment capital must be gotten lawfully. That means that money flowing into the enterprise cannot have involved criminal activity on any level.

Spouses and children of investors can also travel on the E-2 visa, and they are not subject to the same nationality requirements as the investor. The children must be unmarried and under the age of 21.

If you are the family member of an investor already in the U.S. and would like to change your status to the E-2 visa, you can file to change your status. Immediate family members of investors are generally given an E-2 visa for the same amount of time as the investor and can usually be similarly renewed.

For more information and help with getting a visa, contact immigration attorney Phillip Kim.

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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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