Generally, in order to be eligible for asylum or refugee status, one must prove that they are either:
If you were a passed victim of ill treatment, you must prove that you were mistreated, abused, or discriminated against in your home country or last country you lived in. The abuse, mistreatment, hostility or harassment must have been based on one of the following:
In some cases, ones gender may also be a reason for the abuse, harassment, hostility or ill treatment. Generally, in these type of circumstances relate to cultures that generally practice female genital cutting or forced marriage. If you want to apply for asylum or refuge in the U.S. consult with an experienced U.S. immigration attorney in Los Angeles for free. Contact our immigration attorneys at (310) 943-1171.
If you suffered severe persecution in the past, you are presumed to face future persecution as well. If the U.S. government tries to argue that your country is considered safe for you to return, but you still fear future abuse, mistreatment, harassment because of how severe your passed persecution, Under 8 C.F.R. § 208.13(b)(iii)(A), you may qualify for something called humanitarian asylum, which grants receive asylum if you are able to demonstrate “compelling reasons for being unwilling or unable to return to the country arising out of the severity of the past persecution” or “there is a reasonable possibility that [you] may suffer other serious harm upon removal to that country.” For instance, if you were forced to go back to your home country or the last country you lived in, you might qualify for humanitarian asylum because you fear that you may become a social outcast. Or for instance, if everything you owned back home was destroyed, burned down, boomed, or you may potentially face extreme emotional trauma if you return to your home country or the country where you last lived, you might qualify for humanitarian asylum. If you want to apply for asylum in the U.S. consult with an experienced U.S. immigration attorney in Los Angeles for free. Contact our immigration attorneys at (310) 943-1171.
Only certain number of H-1B petitions can be approved each year. There is an annual limit for new admissions in the H-1B category. An H-1B number must be available at the time of adjudicating a new petition, and USCIS will not approve an H-1B petition once the annual cap has been reached.
Only 65,000 new H-1B petitions can be approved each fiscal year. However, it should be noted that this number is reduced under the US-Singapore and US-Chile Free Trade Agreements. Under these agreements, 6,800 H-1B numbers shall be available for citizens of Chile and Singapore each fiscal year. Hence, the actual annual cap is not 65,000 but 58,200. If any part of the number set aside for Chile and Singapore is not used during a fiscal year that number is added to the general annual cap for the next fiscal year. It is also worthy to mention that only initial H-1B petitions are subject to the annual cap. Petitions for sequential employment, concurrent employment, extensions of stay, and amended petitions are not counted against the gap.
There is an exemption from H-1B annual cap for 20,000 foreign employees with advanced degrees from US universities. To fall under this exemption, the foreign employee must have a master’s or higher degree from a US university. A master’s degree is a degree for which a bachelor’s degree in any field is required. The place of the specific degree in the academic hierarchy of degrees should be considered in order to determine whether it qualifies as a master’s or higher degree or not. If the petition qualifies for another exemption, in addition to the advanced degree exemption, officers shall apply the exemption that does not include numerical limitations before applying the advanced degree exemption.
US employers willing to sponsor foreign employees for H-1B visa must understand all the steps involved in the process of preparing and filing the petition for a nonimmigrant worker. Generally, H-1B petitions are filed in the beginning of April for employment that shall start on October 1 of the same year. However, in order to be able to file the petition in April employers must comply with certain preliminary requirements.
First, the employer must determine the prevailing wage they have to pay the H-1B employee for the specific occupation in the geographic area. Employers can request the prevailing wage from the Department of Labor by submitting an Application for Prevailing Wage Determination. Alternatively, employers can obtain the prevailing wage from the Foreign Labor Certification Data Center Online Wage Library (www.flcdatacenter.com). This database includes four wage levels for each listed occupation in all geographic areas.
After obtaining the prevailing wage, employers have to file the labor condition application (LCA) with the Department of Labor. Employers cannot file the H-1B petition without a certified LCA. The United States Citizenship and Immigration Services and the Department of Labor require US employers to file the LCA in order to ensure that the employment of the H-1B employee will not adversely affect the wages and working conditions of US workers.
In order to be found guilty of extortion, the prosecutor must be able to prove all 4 elements of Extortion by threat or force under Penal Code 518 PC. There elements are:
The most common fundamentals of moral turpitude crimes include crimes such as larceny, fraud, theft, DUI, murder, rape, spousal abuse, and intent to harm persons or things. Below is a list that includes, but is not limited to examples of crimes that fall under "crimes of moral turpitude".
If you commit a crime and get found guilty, you risk deportation or removal proceedings. If you face these risks due to a conviction, or if you believe criminal charges may harm your immigration status, you must speak with an immigration attorney experienced in criminal matters. Therefore, if this applies to you, call our office to schedule a free consultation with a Los Angeles immigration attorney.
Generally, convictions considered or determined to be “crimes of moral turpitude" or “aggravated felonies” may affect your immigration status.
Some common fundamentals of moral turpitude crimes include crimes with the INTENT of harm. The following are some specific examples of “moral turpitude crimes”
In California, offenders involved in an auto or vehicle theft can be charged with either grand theft auto under Penal Code 487(d)(1) PC or Joyriding under Vehicle Code 10851 VC, which is the unlawful taking or driving of a vehicle.
An offender facing vehicle theft charges in Los Angeles may be charged with a misdemeanor or a felony. This depends on the defendant's case, criminal history, and whether he or she has had prior convictions, has been charged with similar crimes. This is primarily because in California grand theft auto under Penal Code 487(d)(1) PC and joyriding under Vehicle Code 10851 VC are generally considered as "wobbler" offenses.
Grand Theft Auto Penal Code 487(d)(1) PC charges require the court to show that the offender intended to keep the car permanently or for a "substantial" period of time.
While joyriding under Vehicle Code 10851 VC charges generally require the court to show that the offender intended to simply take the vehicle for a short spin.
Examples of grand theft auto in California include:
Robbery charges under Penal Code 211 PC or any other theft charges such as, California grand theft or petty theft PC 484 and 488 charges is considered as a serious felony-level offense. Under Penal Code 211 PC robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
For most employment based immigration visa categories (EB-2, EB-3) the employer has to obtain a labor certification from the Department of Labor before submitting the petition for the sponsorship of the foreign employee for permanent residence. If you are an employer or business owner that wants to petition for a employment based sponsorship visa or EB-2 or EB-3 visa contact our Los Angeles immigration attorney.
Will a Criminal Conviction Affect My Immigration Status? Being convicted of a crime as a non-citizen can lead to serious consequences, including the loss of immigration benefits, deportation, or being placed into removal proceedings. In addition, you may become ineligible for permanent residency or citizenship, face jail time, or be fined. However, the impact on your immigration status depends largely on the type of crime committed. Types of Crimes That Impact Immigration Status There are specific crimes that may affect your immigration status. These include "crimes of moral turpitude" and "aggravated felonies." Generally, U.S. immigration law imposes harsher penalties on non-citizens convicted of aggravated felonies or controlled substance offenses compared to those convicted of other crimes.
The term "crime of moral turpitude" is not clearly defined under the law. Nevertheless, immigration officials and judges rely on case law to classify certain crimes as involving moral turpitude. Essentially, these crimes involve intent to cause harm or commit fraud, and they are considered shocking to public morality.
California VC 23222(b) driving in possession of marijuana only pertains to marijuana that is not in a concentrated form, such as, hash; nor does it pertain to large amounts of marijuana.
Unlike, California Health and Safety Code 11359 Possession of Marijuana for Sale, which pertains to being caught with a large amount of marijuana in your vehicle. California Vehicle Code 23222(b) punishes those who are found guilty of driving with up to 1 ounce of marijuana in their cars.
During the recent years the annual H-1B cap is usually reached within a few days after the start of the filing season. USCIS decides which H-1B petitions will be approved by conducting a lottery. The petitions received within 5 business days after the start of the filing season can participate in the lottery. USCIS first conducts lottery for petitions subject to the advanced degree exemption. After that USCIS conducts lottery for petitions subject to the regular cap. Petitions not selected during the first lottery participate in the second lottery as well.
In addition to the US advanced degree exemption, there is also an exemption for employees of certain organizations. Particularly, petitions filed by institutions of higher education, affiliated or related nonprofit entities, nonprofit research organizations, or government research organizations are exempt from the annual cap. Third party petitioners can also claim this exemption if the H-1B employee will perform job duties at the qualifying organization and directly and predominantly further the essential purposes of the qualifying institution.
As it can be seen, the annual number of available H-1B visas is very limited, and there are just a few exemptions from the general cap. During the recent years the annual cap was reached within a few days after the start of the filing season. Hence, employers, willing to hire foreign workers, must have their H-1B petitions ready by the beginning of the filing season in order to get a chance to participate in the H-1B lottery.
An immigration attorney can provide you with additional information regarding such matters.
The LCA is filed online through an electronic filing system (www.icert.doleta.gov). If the LCA is complete and there are no obvious inaccuracies, the Department of Labor has to certify the LCA within seven days from the date of filing the application. Employers shall file the LCA at least three or four week before filing the H-1B petition because sometimes the online system does not recognize certain information submitted by employers, and employers have to send additional verifying documents. For example, sometimes the online system does not recognize the Federal Employer Identification Number, and employers have to submit additional proof showing that the number is a real one.
After obtaining the certified LCA, employers can file the H-1B petition and supporting documents with USCIS. The filing period for H-1B petitions starts on April 1 of each year for employment starting in October of the same year. Generally the annual cap on H-1B visas is met within a few days after the start of the filing period. Hence, employers shall file the H-1B petition as soon as possible after the start of the filing period. The petitions received within the first five business days will participate in the lottery, and the winners will get the H-1B visa. Even if the applicant meets all the requirements and the employer has filed the H-1B petition on time, it is not guaranteed that the applicant will get the H-1B visa as the winners are selected during a lottery conducted by USCIS.
The H-1B petitions are usually processed within a couple of months after the lottery. If employer requests premium processing, the cases are processed within fifteen calendar days. Sometimes USCIS may request additional evidence before making the final decision on the petition. Additional evidence is usually requested when the employer is a newly established company, the employer has not submitted sufficient evidence to show that the occupation is a specialty occupation or the employee does not have sufficient qualifications for the position.
In order to file the H-1B petition without complications employers shall start the preparation several months before the filing season. This will ensure that the petition is ready by the filing deadline and will increase the chances of the final approval of the petition.
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Los Angeles immigration attorney.
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Our experienced criminal defense attorneys in Los Angeles, CA, will help you fight the charges if authorities have falsely accused and wrongfully arrested you for blackmail or extortion. Request a criminal defense consultation with one of our defense attorneys in Los Angeles.
In California, extortion is generally treated as a felony. The penalties include:
If you or someone you know has been charged with Penal Code 518 PC extortion and you are looking to hire an attorney for representation, get in touch KAASS LAW. We can provide a consultation in office or by phone at (310) 943-1171. Our main office is in Glendale, CA, with additional locations in Los Angeles, Woodland Hills, and San Bernardino.
Immigration officials or judges determine if a crime qualifies as a crime of moral turpitude. Generally, the facts, evidence, circumstances that surround the conviction, and the legal language described in penal code, law, or statute violation.
Immigration officials general consider the fact surrounding the persons' convictions. The Board of Immigration Appeals (BIA) define moral turpitude as a “nebulous concept,” and one that “refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general.”
It is important to keep in mind that if the facts that surround the specific crime clearly displays that you acted intentionally.
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Yes, you can argue that your charges do not fall under the classifications of a crime of moral turpitude. While you or an immigration attorney can use this defense, you must consider the specific language or wording of the law, penal code, or statute under which the authorities charged you.
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Glendale immigration attorney, near Los Angeles, CA.
Offenders charged with Grand Theft Auto PC 487 (d)(1) may very likely face the charge as a felony conviction. usually charged as a felony, which generally carries a potential jail sentence of two (2) years or three (3) years or sixteen 16 months.
While, on the other side of the spectrum, first-time offense for defendants facing Unlawful Taking of a Vehicle or "Joyriding" under Vehicle Code 10851 VC may be charged as a misdemeanor with other potential penalties such as:
An experienced Los Angeles criminal defense attorney specializing in theft crimes may be able to reduced or dismiss your vehicle theft charges. If you are facing vehicle theft charges it is imperative you speak with a Los Angeles criminal defense attorney and preserve your case. Call our office and schedule a free consultation with our experienced lawyers at KAASS Law. We will explain the criminal justice process, be there for you every step of the way, and advise you on various defense options available such as:
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free case consultation.
Unfortunately, even if a defendant decided to immediately return the stolen property, they may be charged with robbery.
As mentioned above, robbery is a serious crime and, if you're facing robbery charges you must raise the best defense possible. A Los Angeles criminal defense attorney can develop a defense that can potentially either drop or mitigate the charges. For instance, a A criminal defense attorney paints a picture that creates reasonable doubt about whether the defendant had the intent to commit the crime. Some typical robbery defenses include:
If you are facing robbery charges under Penal Code 211 PC or any other theft charges it is imperative to your criminal case that you speak with an experienced Los Angeles criminal defense attorney immediately. Our criminal defense attorneys can help mitigate your robbery or other theft charges. Call us today and schedule an free consultation. We will evaluate your case, determine what defenses may apply to you, and develop a strategic defense for your criminal case. Call now and speak with one of our criminal defense attorneys at (310) 943-1171. We are available 24-hours a day.
A U.S. employer, willing to sponsor a foreign employee for permanent residence, has to pay the prevailing wage in the area of intended employment. For that purpose, the U.S. employer has to obtain the prevailing wage determination from the Department of Labor. Employers obtain the prevailing wage determination by submitting an online application which includes the job description, the place of employment, and information about the employer.
After obtaining the prevailing wage, the employer must conduct the pre-filing recruitment in order to find qualified and available U.S. workers. First of all, the employer must place two advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment. In addition, employers, willing to hire for professional positions, must conduct three additional recruitment steps. The additional recruitment steps may include placing advertisements on employer’s website or job search websites, on campus recruitment, job fairs, employee referral programs, radio and television advertisements. Employers must also place a job order with the state workforce agency serving the area of intended employment.
Employers must carefully consider all applicants who respond to the employer’s recruitment steps. Employers must contact all applicants who appear to meet the minimum requirements. Job applicants can be rejected only for lawful and job-related reasons. A detailed recruitment report, explaining why each job applicant was rejected, shall be prepared.
Once the employer has conducted all the required pre-filing recruitment steps, it can file the labor certification application. Labor certification applications are generally filed through the PERM online system, a dedicated Department of Labor website. The application includes information about the offered position, information about the employer and the foreign employee, and information about the pre-filing recruitment steps. The employer cannot attach any documents with the application, however, it might have to send additional documents in support of the application if the case is selected for audit. If the employer gets the labor certification it can file the immigrant petition to sponsor the foreign employer for permanent residence.
Generally, getting the labor certification is the most difficult part in the process of sponsoring a foreign employee for permanent residence. If the employer passes this hurdle the immigrant petition for alien worker is usually approved without complications.
Call our office at (310) 943-1171 request a free consultation with a Glendale Immigration lawyer fast and easy.
Some common examples of crimes that fall under moral turpitude include:
Conspiring to commit a crime or acting as an accessory in certain cases can also qualify as moral turpitude. What Are Aggravated Felonies Under Immigration Law? U.S. immigration law also categorizes certain offenses as aggravated felonies, which often result in severe consequences. These crimes, even if classified as misdemeanors under state law, can lead to deportation and permanent bars from re-entry into the U.S.
Examples of aggravated felonies include:
Non-citizens convicted of these crimes typically face automatic deportation with limited options for relief. Who Determines Whether a Crime Is One of Moral Turpitude? Immigration officials and judges are responsible for determining whether a crime qualifies as one of moral turpitude. They assess the circumstances of the case, the intent involved, and the wording of the penal code or statute in question. Case law also provides important guidance in these determinations. Defending Your Immigration Status After a Conviction It is possible to defend your immigration status even after a criminal conviction. One approach is to argue that the crime does not qualify as a crime of moral turpitude or an aggravated felony. This defense often hinges on the specific language of the statute under which you were charged.
Working with an experienced immigration attorney can improve your chances of successfully defending against deportation. Your attorney will analyze the legal language in your case and help build a solid defense. Can You Apply for a Green Card After a Conviction? Even after a conviction, you may still be able to apply for or renew a green card. In some cases, non-citizens can qualify for a 212(h) waiver, which allows them to apply for a green card despite having committed a crime of moral turpitude.
To qualify for a 212(h) waiver, you must meet the following conditions:
If you meet these criteria, you may still pursue permanent residency. Consequences of a Criminal Conviction on Immigration Status Criminal convictions can have lasting effects on your immigration status, including deportation. Deportation may separate you from your family and your life in the U.S. Certain convictions also make you ineligible for immigration benefits such as asylum, temporary protected status (TPS), or visa extensions. Why Hiring an Immigration Attorney is Crucial Defending your immigration status after a criminal conviction is complex, but an experienced attorney can help you navigate the legal process. They will review the details of your case, explain your options, and create strategies to avoid deportation or other severe consequences. If you're facing deportation due to a criminal conviction, it is crucial to seek legal assistance immediately. Immigration laws are complicated, but with professional help, you can work toward the best possible outcome. Contact Us for Legal Help Concerned about how a criminal conviction might affect your immigration status? Call our office at (310) 943-1171 or email us at [email protected] to schedule a free consultation with our immigration attorney. We will help you explore your options and work to achieve the best possible outcome for your case.
A Los Angeles criminal defense attorney can help you with the sort of legal assistance that you require regarding drug crimes in the county. Our lawyers in Glendale, Los Angeles, CA are here to help understand your legal rights. Please call our office at (310) 943-1171 or contact us via email at [email protected]