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August 2016 Archives

Prosecutorial discretion in immigration cases

California residents are likely familiar with the legal doctrine of prosecutorial discretion. Authorities simply do not have the resources to prosecute all of the cases brought before them to the fullest extent of the law, and those considered less of a threat to society or the United States may sometimes find their cases delayed or dropped altogether. The concept of prosecutorial discretion forms the basis of some immigration policies, but its use in visa, asylum and green card cases was not widely known before John Lennon's brush with the federal government in the 1970s.

Prosecutorial discretion in immigration cases

California residents are likely familiar with the legal doctrine of prosecutorial discretion. Authorities simply do not have the resources to prosecute all of the cases brought before them to the fullest extent of the law, and those considered less of a threat to society or the United States may sometimes find their cases delayed or dropped altogether. The concept of prosecutorial discretion forms the basis of some immigration policies, but its use in visa, asylum and green card cases was not widely known before John Lennon's brush with the federal government in the 1970s.

Suspected gang activity and deportation

A California mother and grandmother who has lived in the United States since the age of 11 but who is undocumented was taken into custody in February 2016 on suspicion of being a gang member. The new focus of the Obama administration is on deporting people who are involved in criminal activity. While it seems as though this would protect law-abiding noncitizens, this is not necessarily the case.

Loss of citizenship after naturalization

Some California residents might wonder whether their citizenship can be revoked. It is not possible to revoke the citizenship of a natural-born U.S. citizen, although they can renounce it. However, in a few very rare cases, a naturalized citizen may have that citizenship revoked.

DOJ increases immigration violation fines for employers

The fines imposed on employers in California and around the country found to be in violation of federal immigration laws increased sharply on Aug. 1. The previous fine schedule will remain in place for violations that occurred prior to Nov. 2, 2015. The Department of Justice penalties apply to offenses such as hiring undocumented workers, unlawful employment practices and paperwork violations.

E-2 Investor visas can promote economic growth and create jobs

Foreign nationals who hold a majority stake in a business in California or any other U.S. state may be eligible to receive an E-2 Treaty Investor visa. The business concerned must be a U.S. company, and the investor must be a citizen of a country that has signed a treaty of commerce and navigation with the United States. Investments in startup companies must be sufficient to cover the costs of getting the business up and running, and investors are able to renew their E-2 visas every two years for an indefinite period.

E-2 Investor visas can promote economic growth and create jobs

Foreign nationals who hold a majority stake in a business in California or any other U.S. state may be eligible to receive an E-2 Treaty Investor visa. The business concerned must be a U.S. company, and the investor must be a citizen of a country that has signed a treaty of commerce and navigation with the United States. Investments in startup companies must be sufficient to cover the costs of getting the business up and running, and investors are able to renew their E-2 visas every two years for an indefinite period.

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