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Irvine Immigration Law Blog

The possibility of losing U.S. citizenship over a lie

What a foreign national desiring to become a citizen of the U.S. includes in their citizenship application and does during the naturalization process can have many major impacts. It could impact how quickly the process ends up going. It could also influence how likely the person is to achieve their goal of becoming a U.S. citizen.

There are even some types of actions during the naturalization process that could put a person at risk of someday losing their citizenship after being granted it. One of these is lying during the naturalization process. The U.S. Supreme Court recently issued a decision regarding what kinds of lies during this process can put a person who receives U.S. citizenship in danger of having their citizenship stripped from them.

Recently approved state budget touches on immigration detention

A state budget was recently approved by California’s legislature. The budget is expected to be signed by the governor. It has the potential to have impacts in many areas in the state, including immigration detention.

Among the provisions related to immigration detention in the budget are provisions:

Please help us congratulate Angelica Navarro Sigala in her recent victory!

In Ramirez-Contreras v. Sessions, the U.S. Court of Appeals for the Ninth Circuit held that California's Vehicle code section 2800.2 is not categorically a crime of moral turpitude, and thus, Petitioner is not statutorily ineligible for cancellation of removal. Mr. Ramirez-Contreras' application for EOIR 42B Cancellation of Removal for Nonpermanent Residents had been denied by the Immigration Judge on the basis that his conviction for California Vehicle Code 2800.2 rendered him ineligible.

Challenges immigrant military families face

Many people immigrate to the United States to escape the challenges of life back home, but for you, they had just begun. For the better part of three months, you faced the tests of military boot camp to earn your citizenship or green card. At the end of your training, you stood on a parade ground at the position of attention, raised your right hand and swore to uphold the principles of a country that you had just begun to know.

The pride you felt that day extended to your family members abroad, even if they weren't there to see it themselves. Now that you have found your place in the country, you want to extend the same opportunity to your loved ones back home. Service members who want to sponsor immediate family members such as parents, spouses and unmarried children may do so under the law.

Upped work visa fraud enforcement announced

Recently, a U.S. government agency made an announcement that could have implications for companies that hire immigrants on work visas.

The agency in question is the U.S. Department of Labor. Last week, the agency announced that it would be increasing its enforcement efforts related to work visa fraud. Among the things it noted that this would include are ramps-ups in investigations and criminal referrals. Reportedly, these increased efforts will be directed towards all federal work visa programs. This includes programs such as the H-1B, H-2A and H-2B programs.

Family-based green cards a common green card route

Under U.S. law, certain relatives of U.S. citizens or permanent residents can be eligible for a green card if their family member sponsors them.

How common are family-based green cards here in the United States. According to federal data, in recent times, people granted family-based green cards have made up a majority of new green card holders.

Federal data points to H-2A visa use growing

Among the employment immigration issues that can arise for U.S. businesses and foreign workers in the farming industry are issues connected to H-2A visas. These are temporary U.S. work visas for farm workers from other countries.

This work visa program has many special rules attached to it. This includes special rules on the rights H-2A workers have and the restrictions they are subject to. It also includes special requirements for employers of H-2A workers. These special rules can raise a range of unique legal issues for workers and employers alike. When a foreign worker or a U.S. employer is responding to legal issues related to an H-2A visa, they may find it helpful to get assistance with the matter from an attorney knowledgeable on employment immigration matters.

Data points to immigration arrests being up in the U.S.

In the wake of last year’s election, one thing many may have wondered is if the U.S. would be seeing big changes in immigration enforcement, such as changes in immigration arrest levels. Recent federal data indicates that such arrests have gone up in the period following President Trump being sworn in.

The data involves immigration arrests by U.S. Immigration and Customs Enforcement between Jan. 20 and April 29 of this year.

What is the difference between the refugee and asylum processes?

Asylum and refugee are terms that many might hear together. So, one thing one might wonder is: Are the asylum process and refugee process two different processes in U.S. immigration law, or just different names for the same process?

While the asylum process and the refugee process both regard foreign nationals seeking special immigration status in the U.S. in relation to facing persecution in their home country, they are two distinct processes under federal immigration law aimed at handling different situations.

The H-2B visa cap

Among the types of visas a U.S. company might turn to for hiring foreign workers is the H-2B visa. As we mentioned in a previous post, the H-2B visa is one of the H-2 work visas available for temporary workers. Specifically, it is for non-agricultural seasonal workers.

Now, there are challenges that can arise for U.S. companies when it comes to trying to use this type of work visa to meet their workforce needs. One is that a range of complex legal issues can come up in connection to petitioning for H-2B visas for foreign workers. So, legal guidance on the steps of the petition process and the legal issues related to these steps can be an important thing for a California company to have when it is looking to bring in foreign seasonal workers through the H-2B program.

  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber