An LA Visa Lawyer Explains: How Does the J-1 Visa Help You Train in the U.S.?

By Greco Neyland | August 17, 2018 | 0 Comments

The U.S. is an incredibly popular place for students and trainees to improve their skills and start a career. For a very long time, the U.S. has actively promoted its reputation as the most popular student destination in the world, with over 500,000 foreign students accepted under the F-1 student visa in the early 2000’s. Less is said about the opportunities for foreign nationals to gain valuable work experience in the U.S. The J-1 visa scheme allows foreigners to enter the U.S. as temporary workers, including in paid positions, for the purpose of training or cultural exchange. This could be new information to you, as an LA visa lawyer will encounter many people each year that doesn’t know this path to job training and experience exists. How does the J-1 visa work and what is the process for application? We’ll explain here in this blog post! What Is a J-1 Visa?  The J-1 visa is a non-immigrant visa that can be approved with the assistance of an LA visa immigration lawyer. Similar to other schemes for work and student visas, this means the J-1 visa doesn’t allow for permanent residency in the U.S. or offer a path to citizenship. Rather, a J-1 visa allows a foreign national to come to California, or elsewhere in the U.S. on a temporary basis. All non-immigration visas are approved for a particular purpose and specific period of time. It is illegal to engage in activities outside the scope of your J-1 visa. As an LA visa lawyer can tell you, more specifically, the J-1 visa is appropriate for non-immigrants that want to visit LA for a study or work exchange. Inherent in these experiences is the temporary nature of the program and the explicit purpose. Recipients of the J-1 visa and their hosts are expected to provide an explanation of the exchange program and receive approval on the explicit details of that program. Therefore, changes in the program are difficult to have approved or modified once the visa is issued. However, at the heart of the J-1 visa isn’t work or study. While these…

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ICE Hits a Record High for Worker Enforcement Actions in U.S.

By Greco Neyland | August 10, 2018 | 0 Comments

If you want proof that the government’s mentality and approach to immigration have shifted in the past 18 months, look no further than a recent report on actions by Immigration and Customs Enforcement or ICE. The National Law Review reported that between January 2018 and the first week of August, ICE served a record 5,200 enforcement noticed on business owners in the U.S. Many of these enforcement actions were carried out in California and required immediate action and assistance of a California immigration lawyer. Through these extensive enforcement actions, ICE made a total of 93 arrests. Each of these 93 people was accused of working illegally in the U.S. and detained. While the eventual fate of these individuals is unknown, it can safely be assumed that most were quickly served with deportation papers and removed from the U.S. Often, individuals detained through these actions aren’t aware of the option for counsel or ability of a California deportation lawyer to provide assistance. Enforcement actions show no sign of slowing during the last part of 2018. Therefore, it is time employers and immigrants become better educated with the enforcement powers of ICE, how to handle notice of an immigration audit, and what to do if you are detained or accused of working illegally in the U.S. How Does ICE Identify Individuals Working Illegally? There are several stats that indicate ICE is increasing the number of enforcement actions across several channels. For example, ICE has increased the number of arrests made at court hearings, hospitals, and county jails in California. Therefore, last week’s report that investigation and detection through employers aren’t shocking or unnerving, but it is still informative. In certain instances, employers are approached by ICE and fully cooperate with enforcement actions. This can include allowing ICE onto private property without a warrant or allowing ICE to stop employees as they report for work. In other instances, ICE must take additional measures to identify illegal immigrants in California. One means for starting these investigations is through an I-9 audit notice. It is these I-9 audit notices that hit record numbers at the…

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Complexities of Seeking Refugee Status in the United States

By Greco Neyland | August 3, 2018 | 0 Comments

Through the first half of 2018, the United States is on track to accept the fewest number of refugees in 40 years. This statistic represents both a recent change in the public’s attitude toward refugees and changes to actual policies. Both are driving down the number of refugees arriving in the United States, even as the number of refugees and displaced persons worldwide continues to climb. The decreasing number of refugees to the United States is a quantifiable representation of the difficulties foreign nationals faces to secure refugee status. How complicated is it for someone seeking refugee status in the United States to succeed and what can a Los Angeles immigration lawyer do to make this route to immigration possible? Who Is a Refugee? We should probably take a step backward and clearly define what is meant by the term “refugee.” The U.S. Citizenship and Immigration Services (USCIS) says that a refugee is any person that was persecuted or fears persecution on the basis of race, religion, nationality, or membership to a political group. The formal definition of “refugee” is found in the Immigration and Nationality Act, passed by Congress in 1965. Practically speaking, this definition usually applies to individuals impacted by war, famine, or political unrest in their home country, and more importantly because of these events at home they are unable to return home. The United States, along with most other countries around the world, accepts refugees as a form of humanitarian aid. Individuals that are eligible as refugees, due to the above circumstances, are granted special protection in a foreign county, either for a limited period of time or as permanent residents. An individual becomes a refugee once displaced from his or her country of nationality, but it is possible to apply for refugee status while still at home. Who Is Successful in Securing Refugee Status? The United States imposes several eligibility and procedural requirements on a foreign national seeking refugee status. A Los Angeles immigration lawyer can help you navigate many of these hurdles or explain the likelihood that your case will qualify for review by…

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After the Deadline: What Happens to Families Deemed Ineligible for Reunification?

By Greco Neyland | July 27, 2018 | 0 Comments

Summer 2018 will be remembered for many major stories on immigration and immigration policy. Several of these stories centered on events in California. Among these events are two crucial decisions by California judges. The first was a decision by Judge John Mendez in Sacramento, who made the initial ruling against the federal government in its takedown of California’s sanctuary laws. The second decision was by a judge in San Diego, requiring the federal government to reunite immigrant families separated at the border. It’s this second decision we focus on today, as the deadline to reunite these families came and went on Thursday, July 26th and 711 children weren’t reunited with their parents. These children remain in the custody of the federal government, deemed ineligible for reunification. From the perspective of a California deportation lawyer, we ask: what does the federal government mean by the term ineligible for reunification and what happens to these 711 children following this July deadline? Reuniting Families Separated at the Border Over a month ago, a U.S. district court judge in San Diego ordered the federal government to reunite minor children separated from their parents at the U.S. border. The judge imposed two deadlines on these reunifications. The initial deadline, set for two weeks ago required the government to reunite all children under the age of five. The latter deadline was yesterday, July 26th, when the government was required to reunite all remaining children in their custody. The federal government was able to meet this deadline for reunification, with one glaring exception. As of today, July 27th there are still 711 children in federal custody. The families of these children were deemed ineligible for reunification. It’s a term that the federal government has applied broadly to several different situations and circumstances. What Does the Government Mean by “Ineligible for Reunification?” In some instances, the federal government found criminal records for the individual claiming responsibility and guardianship over a child. While other guardians were deemed ineligible because DNA conflicted their story or proposed relationship to the child. The federal government concluded that these circumstances created safety concerns…

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Reality TV to Real-Life: How to Become 90 Day Fiancé

By Greco Neyland | July 19, 2018 | 0 Comments

Few things make better television than new romantic relationships. This is part of the thinking behind the TLC network’s reality/documentary show 90 Day Fiancé. The show follows several couples that have applied for or received a K-1 visa in the United States. This particular visa scheme allows an engaged couple to spend 90 days living in the United States before they must get married and change their visa status. The premise of the show is to chronicle the ups and downs, frustrations and happy moments, and the eventual marriage of these international lovers. As you watch the drama unfold, you can be fooled into thinking that the K-1 visa and concept of a 90-day fiancé is mere myth, designed for television ratings. This isn’t the case. Beyond the TV show, many real-life couples are contacting a California spousal visa lawyer and using the K-1 visa scheme to advance their relationship and legally marry in the United States. Unlike the TV show, many real-life couples make it through their 90-day trial period and to the altar. Which probably leaves you wondering, what are the requirements of the K-1 visa and how does the visa scheme work? What Is the 90-Day Fiancé Visa? Even before there was a television show, the K-1 visa was often nicknamed the 90-day fiancé visa because of its structure and requirements. It is a non-immigrant visa, which means that recipients of the K-1 visa are only permitted in the United States for a specific purpose and period of time. You can’t remain in the United States indefinitely and if your eligibility status for the K-1 visa changes, you must return to your country of origin. The specific purpose of a K-1 visa is to allow foreign fiancés of United States citizens to travel to the United States to get married. Under the conditions of the visa, the United States citizen and K-1 visa recipient must be married within 90 days of the recipient’s arrival in the United States. Immigration officials strictly enforce the 90-day timeframe, and if a wedding is called off or delayed, the foreign national…

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What Are the Ramifications Now That Trump’s Travel Ban Stands?

By Greco Neyland | July 14, 2018 | 0 Comments

It’s only mid-July, yet this summer already feels like a series of immigration policy changes. We’ve seen the Trump Administration ramp up its stance on zero tolerance for illegal immigration, make announcements on asylum policies and changes to the asylum system, and even take the drastic step to separate minor children from their parents or guardians along the United States’ southern border. Amidst all of this news, the United States Supreme Court ruled on the Trump Administration’s implementation of travel restrictions on foreign nationals from certain countries. This decision by the Supreme Court could have dominated the news cycles for weeks or even a month, but with the onslaught of other political and immigration news, it has almost faded into the background. Today, we want to take a look at what the Supreme Court’s decision means and what it doesn’t say. As immigration lawyers in California, the team at Greco Neyland also consider what this final decision means for individuals wanting to visit the United States. What Did the Supreme Court Decide? If you missed the news reports at the end of June, the Supreme Court decided that the federal government’s decision to ban visitors, immigrants, and permanent residency applications of foreign nationals from specific countries was constitutional. In practical terms, this means the Trump Administration’s travel ban will stand, for the time being, and individuals from North Korea, Syria, Libya, Chad, Yemen, Iran, and certain individuals from Venezuela and Somalia will not be admitted to the United States. The written decision by the Supreme Court specified the basis for upholding the visitor and immigration restrictions against these countries. Among its reasoning, the Court said that it was well within the presidential authority to impose restrictions on immigration. It is assumed these restrictions must be non-discriminatory towards a specific religion, race, gender, or protected class, although the Court did not directly address this issue. Rather, the Supreme Court found that there was no mention or indication of religion or direct discrimination within the Trump Administration’s ban. In the 5-4 decision, the Supreme Court stated that the immigration restriction in place…

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Feds vs. California: What Will Happen to California’s Sanctuary Laws?

By Greco Neyland | July 6, 2018 | 0 Comments

The battle between the federal government and the State of California began early on in 2018. What began as a verbal spat regarding the federal government’s immigration policies and California’s support for sanctuary cities, quickly escalated in March 2018. It was back in March that the federal government sued California over its sanctuary laws, claiming the laws put federal agents in danger and prevented the enforcement of federal laws. Since March, California immigration lawyers, lawmakers, and citizens have watched the exchange of court filings and motions from a relative distance. Then, this week a decision by a California judge provided the first blow to the federal government’s arguments against the state’s sanctuary laws. What does this first decision mean and what does it mean for the future of California’s sanctuary status? What Are California’s Sanctuary Laws? What is commonly referred to as California’s sanctuary law, is legally named SB54. The law was passed in early 2017 as a means to reassure and lend support to California’s large immigrant population. It was also a direct response to the Trump Administration’s rhetoric that it intended to crack down on sanctuary cities across the United States. SB54 is a statewide law that forbids municipalities and other local governments from using their resources to investigate and detain people on the basis of federal immigration enforcement. The law further prevents local governments from demanding information on a person’s immigration status, holding an individual in jail past their normal release date at the request of Immigration and Customs Enforcement (ICE), and providing space to federal agencies to use for federal immigration detainment. While the law outlines these specific prohibitions, it’s underlying intention is far broader. The law is meant to build on California’s legal support for sanctuary cities across the state. With these prohibitions in place, cities that might be vulnerable to sway or retaliatory actions by the Trump Administration can continue welcoming and reassuring their immigrant population. What Was the Basis for the Federal Lawsuit? The California laws directly forbid local governments in the state from supporting or assisting federal efforts to detect and detain…

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What’s the Immigration Law Behind a Policy of Separating Children from Parents at the Border?

By Greco Neyland | June 15, 2018 | 0 Comments

This year U.S. immigration laws, processes, and policies have dominated the headlines. We started 2018 with a divisive debate on how or whether to protect the young Dreamers under DACA. Since we’ve seen issue after issue emerges from the press and White House. Immigration in the Headlines and Under the Radar Just in the past six months, we’ve discussed overhauling the entire U.S. immigration policy. We noted an uptick in the number of people deported from the U.S., and a drop in the number of people detained at the U.S. border, followed by a steep rise in the number of individuals attempting an illegal border crossing. We heard the Trump Administration announce the end of Temporary Protected Status for Hondurans in the U.S., on top of earlier announcements to end similar protection for people from Haiti, El Salvador, Nicaragua, Sudan, and Nepal. Less noticeably, a California immigration lawyer has seen changes to student visas, policy shifts towards legal foreign workers, and the end of asylum for victims of domestic violence. All of these policy and legal changes have an impact on how easy or difficult it is to navigate the U.S. immigration system. Currently, it’s complicated and unreliable, and the advice of a California immigration lawyer even more valuable. What Are We Talking About Today? Now, the country is fully focused on another issue. The Trump Administration announced that in April and May nearly 2,000 children were separated from their parents at the U.S. border. These migrant families were separated on the basis of the parents’ undocumented status in the U.S. What laws and policies are behind these headlines and how can they impact other immigrants and migrants in California? When Did a Policy of Separating Families Begin? The dilemma of how to deter illegal immigration on the U.S.’s southern border with Mexico is nothing new. Past presidents have faced the same question and developed different policies to try and curtail and contain the issue. However, neither Republicans nor Democrats have relied on the same rhetoric or strict policies as the Trump Administration. Soon after his inauguration, President Trump’s team…

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What Does It Take to Get an Entertainment Visa in California?

By Greco Neyland | June 8, 2018 | 0 Comments

Musicians and artists from around the world dream of coming to California for concerts or performances. Each year, thousands of these creative individuals put in their application for an entertainment visa from the United States government, but only a small percentage are approved. Working with an entertainment visa lawyer can assist with this process, but if you are seeking one of these elusive visas to perform in California, you should understand the entertainment visa process. The steps to obtain an entertainment visa in California are specific and detailed. Even when you meet all the eligibility requirements, your entertainment visa can be denied by the United States Department of State. For example, if you don’t follow the immigration process, including the order of payment, application and supporting documents, then your application will likely be rejected. What do you need to know for a successful entertainment visa application? Here’s what it takes. #1: Meet Each of the Eligibility Requirements of an Entertainment Visa? There are several different visa schemes for an entertainer to come to California. All entertainment visas are issued for a set and limited duration; often, approval of the visa is tied to your performance at a specific event. Each of these visa schemes has different eligibility requirements that an applicant must meet. If you can’t show evidence of meeting or exceeding each requirement, your visa won’t be approved. Throughout this process gathering your supporting documents is essential, a step that requires additional support from a California immigration lawyer. The first entertainment visa is the O1 visa. Only individuals can apply for this visa, not performing groups or bands. This visa scheme is meant to allow international performers of a very high caliber perform in the United States. A performer or artist must show they have an extraordinary ability in his or her field that is demonstrated by a high level of achievement in the individual’s home country. Groups, teams, bands, and dance troupes apply under the P visa scheme for performing or playing in the United States. While eligible to groups, the P visa has its own set of…

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What Actually Happened to the 1,500 Missing Immigrant Children?

By Greco Neyland | May 30, 2018 | 0 Comments

Over the weekend an immigration story was shared across the U.S. It was a story that certainly caught the attention of more people than an immigration lawyer in California. In social media posts and news outlets, there were reports that the U.S. government, specifically the Department of Health and Human Services (HHS), had “lost” nearly 1,500 immigrant children. The various posts and reports escalated from Friday through Sunday, with much uncertainty as to the exact status of these children or how the government managed to lose track of their whereabouts. Then, as Monday came to a close, people were left with many questions and a lot of concern over government policy regarding minor children crossing the U.S. border. People were asking a wide range of questions from, “How do you lose that many vulnerable children?” to, “What immigration policies led to this problem?” These questions were politically and socially important to answer. Also, learning the truth behind who these 1,500 children were and the circumstances behind their disappearance in the U.S. would shine new light on other procedures unfolding the current U.S. immigration policy. The Original Story of These 1,500 Children The original story about these missing 1,500 children broke back in April. Over a month ago, the Acting Assistant Secretary of the Department of Health and Human Services testified before the U.S. Senate. As part of this testimony, Steven Wagner stated that the Office of Refugee Resettlement, a division of HHS, did not know the whereabouts or location of 1,475 children who arrived in the U.S. as unaccompanied minors. More specifically, The Acting Assistant Secretary stated, that the Office of Refugee Resettlement could not, “determine with certainty,” the whereabouts of these unaccompanied minors. This inability to locate the children was more an inability to reach their current caretakers, who may or may not be undocumented individuals themselves. Soon after this testimony, the New York Times reported the story of 1,500 unaccompanied minors, who arrived at the U.S. border, were placed with family members or sponsors in the country, and now could not be accounted for. One Month Later a…

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