Other Immigration-Related Services with Sacramento Immigration Lawyers
Our immigration attorneys thoroughly analyze the circumstances of each individual case. We review the strengths and weaknesses, and any court records, in order to improve the chances of successfully meeting our clients’ goals. We utilize these skills to provide assistance in many immigration-related issues. Other sections of our website discuss family-based immigration and employment-based immigration. This page covers the other immigration-related services, including the following:
Deferred Action Policy
What is Deferred Action Policy?
On June 15, 2012, the Obama administration announced that it will offer deferred action policy to certain immigrant children who were brought to the United States. Deferred action provides temporary relief from enforcement but may be revoked at any time. Deferred action is not amnesty, immunity, nor does it provide a way to obtain a green card. It only applies to those who meet the criteria and not to any family members of the qualifying individual.
Essentially, deferred action policy is a discretionary determination to defer removal action of an individual. An individual whose case has been deferred is eligible to receive work permits and work authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.”
It only applies to those who meet the criteria and not to any family members of the qualifying individual.
Who Is Eligible For Deferred Action Policy?
In order to qualify, individuals must:
- have entered the United States before their 16th birthday;
- have been under age 31 and had no valid immigration status on June 15, 2012;
- have continuously resided in the United States between June 15, 2007 and the present;
- be enrolled in school on the date of the request, have graduated from high school, obtained a GED, or have been honorably discharged from the Armed Forces;
- have not been convicted of a felony, a “significant” misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Deferred action will only apply for those who are 15 or older, unless they are currently in deportation proceedings or have a final order of removal or voluntary departure.
What Can Carson & Kyung’s Immigration Lawyers Do?
Our Sacramento immigration attorneys are experienced in helping immigration clients all across the United States and the world. We have clients in several States and in other countries like Dubai, Iran, Armenia, Korea, Japan, China, Canada, Mexico, Ukraine, and many more. We can help you regardless of your location and answer all of your questions about the new Deferred Action Law.
Do you think you qualify? Give our immigration law firm a call for a consultation and let us help you! Please contact our immigration attorneys if you have any questions.
Waivers of Inadmissibility (I-601/I-212)
Waivers of Inadmissibility I-601/I-212 with Sacramento Immigration Attorneys
Foreign nationals may be inadmissible due to certain circumstances, such as (1) criminal violations, (2) prior deportation orders, (3) unlawful presence, and (4) immigration fraud or misrepresentation. When available, the foreign national may request a waiver for his/her inadmissibility under an I-601 & I-212 waiver.
For example, a foreign national who is ineligible for an immigrant visa or nonimmigrant K or V visa, may be able to apply for a waiver of inadmissibility (I-601). If the foreign national was removed from the United States and needs permission to reapply, they must also file a request for permission (212 waiver).
Visitors for Business (B-1) or Pleasure (B-2), & Visa Waiver Program
B-1 Visa: Business Visitor
Business visitors may enter the US for the purpose of engaging in business activities, which includes:
– Engaging in commercial transactions that do not involve gainful employment;
– Negotiating contracts;
– Settling an estate;
– Consulting with business associates;
– Attending scientific, educational, or business-related meetings, conventions, conferences, or seminars; and
– Other work that is professional in nature, but does not involve domestic employment for hire.
B-2 Visa: Tourist Visitor
A visitor for pleasure, commonly referred to as a tourist, may enter the US with a B-2 Visa for certain legitimate activities, including, but not limited to:
– Visits with friends and relatives;
– Medical treatment; and
– Other activities which are recreational in nature.
Visa Waiver Program (VWP)
Visitors seeking to enter the US for B-1 business or B-2 tourism purposes for stays of 90 days or less may be eligible to do so without a visa under the Visa Waiver Program. Currently, nationals of 36 participating countries are allowed to take advantage of this program if otherwise eligible.
Demonstrating that an activity falls within the scope of permitted business or recreational activities may be a difficult task. Our team is prepared to answer any of your questions regarding the B-1, B-2, or VWP eligibility and process. Contact us to have our Sacramento immigration attorneys assist you.
Academic (F-1) or Vocational (M-1) Student Visas
F-1 Visa: Academic Students
Foreign nationals may enter the US as a full-time student at an accredited college, university, seminary, conservatory, academic high school, private elementary school, language training program, or other academic instituion.
M-1 Visa: Vocational Students
Foreign nationals may enter the US as a student enrolled in a vocational or other nonacademic program, other than language training programs.
For the F-1 and M-1 student visas, the spouse and children (under 21 years) of a student may also seek entry under the F-2 and M-2 status, respectively. Also,
In some cases, students may be permitted to work. Our professionals are equipped with the knowledge to advise you on your possible ability to work, and other issues that may affect your visa, such as failing to meet certain academic requirements or engaging in unauthorized employment activities. Contact Sacramento’s Immigration Attorneys Carson & Kyung to have our team work with you to obtain your student visa, or avoid losing any current and future immigration benefits.
Deportation Defense & Bond Hearings
Individuals facing deportation proceedings due to immigration or criminal violations should seek legal help. Our Sacramento immigration attorneys are prepared to contest charges and request for you to remain in the US, including requesting a cancellation of removal and removal proceedings, asylum, adjustment to permanent resident status, and Section 212(c) relief.
Foreign nationals who are subject to deportation may be detained while immigration court proceedings take place. The US Immigration & Customs Enforcement agency (commonly known as ICE) may issue a bond amount for the temporary release of a qualifying detainee. ICE may decline to do so after considering the detainee’s immigration or criminal history.
If the detainee cannot afford the bond amount, the detainee may request that the judge change the bond amount. The judge may do after considering several factors, including the detainee’s ties to the US and whether the grounds for mandatory detention are necessary.
Our Sacramento immigration lawyers are prepared to represent you during these proceedings. For any questions, please contact our immigration law office.
Criminal Charges & Immigration
An accusation of a criminal activity can affect an individual’s immigration goals. Criminal allegations and charges can lead to the US Immigration & Customs Enforcement agency (commonly known as ICE) holding the accused, which then leads to court proceedings.
Immigrants and attorneys must be conscious of the possible consequences of criminal activity and immigration. For any questions, we recommend that you speak to our team of immigration attorneys.
Administrative Appeals Office, US 9th Circuit Court, & Board of Immigration Appeals
Our Sacramento immigration attorneys understand the despair that can follow a denied immigration application. These determinations may be appealed through the Administrative Appeals Office, 9th Circuit Court of Appeals, and Board of Immigration (BIA).
Varying factual and procedural circumstances may affect your ability to appeal an adverse decision. For any questions, contact our Sacramento immigration law firm so that we may work with you to improve your chances of successfully appealing an adverse decision.
Writ of Mandamus, 1447(b), Habeas Corpus, & Declaratory Relief Petitions
When the US Citizenship and Immigration Services delays granting or denying green card or citizenship applications, the following petitions for relief may be available to the individual:
– Writ of Mandamus: A petition for mandamus relief is a request for the federal district court to approve or deny your application.
– 1447(b): A petition for 1447(b) relief is a request for the court or USCIS to make a decision when 120 days have passed since the naturalization interview.
– Habeas Corpus: A petition for habeas corpus relief challenges the detention of a person and is a request for the release of a detainee.
– Declaratory Relief: A petition for declaratory relief is a request for the court to declare an agency decision as unconstitutional or unlawful.
These petitions for relief require careful preparation, understanding and meeting procedural rules, and may even demand that the petitioner demonstrate that (s)he exhausted any and all administrative alternatives prior to seeking the remedies above. For any questions, contact our immigration attorneys to work with you for relief.
Contact Sacramento Immigration Attorneys for Your Immigration Needs
Interested talking to an attorney about your immigration needs? Feel free to contact our Sacramento’s immigration attorneys to set up a consultation.