Tag Archive Law

ByStaff

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

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

Getting a Green Card: Who Qualifies For the LIFE Act?

The Legal Immigration Family Equity (LIFE) Act allows some people to change their status to permanent resident even if they would not be otherwise eligible. Protection under the LIFE Act is called Section 245 adjustment of status and it might be able to help you get a green card.

To get a green card under the LIFE act, someone needs to have petitioned for you as an alien worker or relative or have a labor certification filed before April 30, 2001. If you have one of these petitions in your name, you may qualify for a green card through the LIFE act. Section 245 needs you to have a visa readily available to you, so file your form when one becomes available. If you have a visa available and the proper certification (listed above) the LIFE Act can provide permanent residence regardless of unlawful presence in the U.S., working illegally in the U.S., or leaving the U.S. during your stay, which disrupts your continuous stay. This means you can file for Section 245 residence under the LIFE Act if you are currently present in the U.S. unlawfully or have been working without a permanent work visa.

In order to receive a green card under section 245, you must be admissible to the U.S. This means you should be careful not to trigger inadmissibility. For example, you should not depart the country after unlawful stay in the U.S. because you will be barred from re-entry. Look into INA law for instructions on avoiding inadmissibility.

Children and spouses of section 245 green card holders may also be offered protection from removal if they have been living in the U.S. and can be granted employment lawfully under your LIFE Act residence card.

You should check the dates that section 245 requires you or your family to have been in the U.S. because they are often changing. Always be careful to file the most current forms with the most current information to avoid delays in your application process.

For more information and help with getting a green card, contact immigration attorney Phillip Kim!

(559) 761-9742