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...
Irvine Immigration Law Blog
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...
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...
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...
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...
H-1B employees must receive proper pay
Economic downswings and tough times are not valid excuses for failing to pay H-1B employees properly, according to a administrative ruling that could set an important precedent for California workers. In July, an administrative law judge for the U.S. Department of...
Foreign-born adoptees eligible for automatic citizenship
Many parents in California have adopted children that were born in foreign countries. Under the Child Citizenship Act of 2000, foreign-born adopted children become U.S. citizens as soon as they enter the U.S. with their adoptive parents. Adoptive parents do not need...
Loophole may be available for some foreign students
Foreign college graduates in California who want to start their own business might be able to obtain an H-1B visa with the help of a university. Usually, the H-1B visa is awarded through a lottery system. Only 85,000 visas are awarded to people who must have...
California’s law opens up work to many
Unauthorized California immigrants may be wondering how to obtain work permits now that President Obama's immigration plan has been placed in limbo by a deadlocked U.S. Supreme Court. However, some people could begin working thanks to a state law that allows...
U.S. Supreme Court to hear gender-based citizenship case
Some California residents may be aware the U.S. Supreme Court announced on June 28 that it will consider whether U.S. immigration laws unfairly favor unwed American mothers over unwed American fathers, which would be a violation of the equal protection provision of...
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