California Immigration Legal Questions

The U.S. (IT start up) entity must be at least 50% owned and controlled by a foreign organization or foreign national(s) from the treaty country (Korea qualifies for the E-2 Treaty Investor status). There are various tests to determine what amount of capital is considered "substantial" thereby qualifying for the E-2. For a service based company, $500K may be considered substantial, however, various factors need to be considered in the analysis and more information is needed. If you are the Beneficiary of a pending I-485, please keep in mind that once your Permanent Residency (LPR) status is approved, your nationality will no longer be considered for purposes of the 50% ownership and control requirement. With regard to processing times, please note that there are two steps involved: Corporate Registration of the E-2 entity with the relevant Embassy/Consulate, then the individual E-2 application, which typically are filed concurrently with the relevant U.S. Embassy/Consulate. Processing times vary at each Consular Office and it can take several weeks to months for the entire process to be completed. For more general information, please see: http://www.madisonpiperpc.com/wp-content/uploads/sites/4692/2016/10/e1_e2.pdf. Please note that this information should not be construed as legal advice and is meant for general informational purposes only.... Read More

Yes. Penal Code sec. 647(b) is a crime involving moral turpitude which will make you ineligible for DACA. It could also theoretically get you deported and/or make you inadmissible for future immigration benefits. I strongly suggest that you contact an experienced immigration and criminal defense attorney for a face-to-face consultation and give them all of the facts surrounding your arrest. They would then be in a better position to analyze your case and advise you of your options.... Read More

Shoplifting is a crime involving moral turpitude which will make you ineligible for DACA. It could also theoretically get you deported and/or make you inadmissible for future immigration benefits. I strongly suggest that you contact an experienced immigration and criminal defense attorney for a face-to-face consultation and give them all of the facts surrounding your arrest. They would then be in a better position to analyze your case and advise you of your options.... Read More

Evaluating the immigration-related consequences of criminal offenses is among the most complex issues in immigration law. Some offenses that are clearly misdemeanors under local/state law can be treated as felonies by the USCIS, and some dispositions that were not convictions can be treated as convictions by the USCIS. Beyond just the consequences of the criminal offenses, there are many other details that will determine immigration eligibility too. In order to assess your husband's eligibilities there is no substitute for engaging an immigration attorney to review the arrest disposition documents from the court (court-certified copies of those documents will be required in any application process anyway).... Read More

It will depend on the exact felony and misdemeanor charges and convictions. Some convictions will make him deportable, some inadmissible and others have no immigration consequences at all. Without knowing exactly what he was convicted of, it is impossible to give you an accurate answer. I suggest that your boyfriend contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his criminal history.... Read More

I am assuming that you are a U.S. citizen. Unless she falls into one of the immigrant visa categories, which I doubt from what you wrote, her only recourse is to marry a U.S. citizen and have him file a petition for her to obtain permanent residency. She probably should consult with an experienced immigration attorney to see if she qualifies for any other immigrant visa.... Read More

Looking at the code sections you provided, I am assuming that this is not a California case. I am a California immigration/criminal defense attorney and cannot really address the impact of those particular code sections. With that being said, I can give you some general information. Any conviction for domestic violence, especially if there are injuries to the victim can result in the defendant being deported. Your baby's father is going to need the services of an experienced criminal defense attorney and an immigration attorney experienced in the immigration consequences of criminal convictions. This is no time to hire cheap , inexperienced attorneys as the stakes for your boyfriend are too high. With regards to dropping charges, you may want to talk to your boyfriend's attorney. Prosecutors generally do not want to drop charges once they are filed, especially in domestic violence cases. Hope this helps.... Read More

You would first need to marry. You could not qualify for an F-2 visa unless married to the F-1 status holder. Once married, you could apply for an F-2 visa but you will eventually either need to complete the home resident requirement or seek a waiver. You can read more about J-1 at http://myattorneyusa.com/j-1-student-visas-overview.... Read More

Most immigrants must have a Form I-864 filed on their behalf by the petitioner. There are limited circumstances where a Form I-864W can be used. You would need to either establish the immigrant can receive credit for 40 quarters under the Social Sexurity Act or that an immigrant child will immediately become a U.S. citizen at entry. You can read more about family immigration at http://myattorneyusa.com/family-immigration. ... Read More

There are very specific criteria that must be met when the principal beneficiary dies in order to be able to continue with the immigrant visa petition. One of the derivative beneficiaries must have lived in the U.S. at the time of your mother's death and continue do so at the time of seeking relief. It may appear to be a strange requirement but it is effectively giving those with ties to the U.S. an opportunity to continue the petition. Unfortunately, in your situation, the surviving relative provisions do not appear to help. ... Read More

They are talking about priority dates and availability of immigrant visa. Your husband is in a 2nd Preference category for visa availability and the waiting period is at least 2 years before a visa is available. If you qualify for U.S. Citizenship, I suggest that you become a U.S. Citizen. Once you are a U.S. citizen, you can upgrade our husband's preference and he will be able to get his green card processed sooner.... Read More

you parents could immigrant to the US in less than a year; you can petition for your brother but it will take more than 10 years; your parents, once they receive LPR status, can also petition for your brother and that process may take 6-7 years(your brother cannot marry before he immigrants).... Read More

Foreign workers in H-1B must be paid a prevailing wage. The prevailing wage is set by the U.S. Department of Labor depending upon the position offered, qualifications required, and location. Requiring the payment of a prevailing wage is supposed to prevent U.S. workers from being pushed out of employment by cheap foreign labor. You can read more about H-1B at http://myattorneyusa.com/introduction-to-h1b-visas.... Read More