Asylum in the United States usually wonder how long they will have to wait for their asylum interview. Potential asylum applicants should know that they might have to wait for years until they get a chance to appear before an asylum officer.
Pursuant to the Immigration and Nationality Act, in the absence of exceptional circumstances, the initial interview or hearing on the asylum application must commence not later than 45 days after the date an application is filed. INA § 208(d)(5)(A)(ii). In the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, must be completed within 180 days after the date an application is filed. Id. § 208(d)(5)(A)(iii). According to INA, USCIS shall schedule the asylum interview within 45 days after filing the application which should be adjudicated within 180 days from the filing date, unless exceptional circumstances apply.
During the last years exceptional circumstances apply, and the actual waiting times are far from being close to the statutory deadlines. Asylum applicants have to wait for years until they get a chance to appear in front of an asylum officer. Depending on the asylum office that has jurisdiction over the application, applicants may wait from two to five years. For example, in December 2016, the Los Angeles asylum office was interviewing the applicants who filed their applications in August 2011. The waiting time is much shorter in Northern California where asylum applicants have to wait two year. The asylum application processing times for all asylum offices may be found on the USCIS website.
It should be noted that USCIS prioritizes asylum applications for interview scheduling as follows:
Generally, the applicants in the first and second categories are scheduled promptly.
Although asylum applicants have to wait for years for their interview, they do not have to wait until the interview to obtain employment authorization. Simply filing an application for asylum does not entitle the applicant to employment authorization. However, an applicant may request a permission to work if the application is still pending, and 150 have passed since the application was accepted by USCIS. 8 C.F.R. § 208.7(a)(1). If the asylum application is not denied, the USCIS has 30 days from the date of filing of the application for employment authorization to grant or deny that application except that no employment authorization will be issued to an asylum applicant prior to the expiration of the 180-day period following the filing of the asylum application. Id. The employment authorization document is valid for two years, and can be extended after the expiration date if the asylum application is still pending.
To sum up, asylum applicants may have to wait for years until their asylum interview. In some regions of the United States applicants have to wait for more than five years. However, foreigners with pending asylum applications may apply for employment authorization five months after filing the application with USCIS.
We invite you to contact our office and speak to our Glendale immigration attorney for a free consultation. Our immigration attorney speaks English, French, Spanish, Russian, Armenian, and Italian.
With the constant monopolization of large corporations taking over cities, it is important to know the regulations behind unfair competition, to protect yourself against corporate scrutiny.
Classifications of unfair competition include some of the following examples
Under Penal Code 17(b) PC, felony reductions to misdemeanors are available if defendants
In California, you must satisfy both elements to reduce your felony conviction to a misdemeanor. Serving time in state prison after a conviction for a "wobbler" offense makes you ineligible for relief under Penal Code 17(b).
(a)A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. (b)When a crime is punishable, in the discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances: (1)After a judgment imposing a punishment other than imprisonment in the state prison. (2)When the court, upon committing the defendant to the Youth Authority, designates the offense to be a misdemeanor. (3)When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor. (4)The prosecuting attorney files a complaint in a misdemeanor court, stating the offense is a misdemeanor. If the defendant objects during arraignment or plea, the attorney amends the complaint to charge the felony, and the case proceeds on the felony charge. (5) If the magistrate decides the offense is a misdemeanor before the preliminary examination or before filing an order under Section 872, the court will treat the case as a misdemeanor complaint. (c) When the court commits a defendant to the Youth Authority for a crime punishable by imprisonment in the state prison or by fine or imprisonment in the county jail, the court deems the offense a misdemeanor for all purposes upon the defendant's discharge from the Youth Authority. (d)A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when: (1)The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor, or; (2)The defendant consents, and the court determines that the offense is an infraction. The case then proceeds as if the defendant had been arraigned on an infraction complaint. (e)This section does not permit a judge to relieve a defendant of the duty to register as a sex offender under Section 290 if the charge requires registration and the trier of fact finds the defendant guilty.
An alien applying for asylum can also apply for withholding of removal at the same time. Withholding of removal is an alternative to the asylum for a foreigner who fears to return to his home country. However, it should be noted that the grant of the withholding of removal does not result in the same benefits arising from the grant of asylum.
Withholding of removal is a remedy available to an alien who cannot go back to his home country because of a threat to his life or freedom. Under the Immigration and Nationality Act, an alien cannot be removed to a country if the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion. INA § 214(b)(3)(A).
An alien is eligible for withholding of removal if he is able to establish that his life or freedom would be threatened because of one of the statutory grounds if he is removed to his home country. The alien will meet his burden of proof if he is able to show that it is more likely than not that his life or freedom would be threatened if he is removed to his home country. The “more likely than not” standard for withholding of removal is more difficult to meet than the standard for showing fear of persecution for asylum applicants.
Often times, bedsores are caused by nursing home negligence which causes injuries to the skin caused by prolonged pressure.
Bedsores, also known as pressure sores, are injuries to the skin caused by prolonged pressure. Bedsores are more prone to occur in locations on the body that have direct contact to the bone (i.e: the head, back, ankles, and hips). Bedsores have four different stages, increasing in severity throughout each stage and eventually resulting in damage of the bones itself. If not treated, bedsores can cause sepsis, bone/joint infection, and, ultimately, death. Patients are at risk of developing pressure sores if they have trouble moving and are unable to change position while seated or in bed. Immobility may be due to:
Protecting your brand through California trademark registration is vital in today’s competitive market. This process establishes your brand identity and prevents others from using similar marks. In this guide, we will explore key aspects of the registration process under Business and Professions Code (BP) 14205 and BP 1407.
Business and Professions Code 14205 outlines criteria that can lead to the rejection of a trademark application. Knowing these criteria is essential for a successful application:
Many foreigners who are in the US and face problems while extending their legal status decide to apply for asylum. However, not everyone is eligible for asylum. Only people who meet the statutory definition of “refugee” can file an application for asylum.
People who are already in the US or who seek admission into the US and meet the statutory definition of “refugee” are eligible for applying for asylum. The Immigration and Nationality act defines refugee as “any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion…” INA § 101(a)(42).
Many foreigners who are planning to apply for asylum do not know that there is a filing deadline for asylum applications. If an alien does not file the application within the deadline, his application cannot be approved even if he qualifies for asylum, unless one of the exceptions applies. Pursuant to the Immigration and Nationality Act, an alien must file his application for asylum within one year after the date of the alien’s arrival in the United States. INA § 208(a)(2)(B). If an alien has filed an application one year after his arrival in the United States the application may be considered only if the alien demonstrates the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing within one year from the date of the alien’s arrival. Id. § 208(a)(2)(D). The one-year period is calculated from the date of the alien’s last arrival in the United States. The date of entry is not counted in calculating the one-year period for filing the asylum application. Minasyan v. Mukasey, 553 F.3d 1224, 1229 (9th Cir. 2009). When the last day of the one-year period falls on a Saturday, Sunday, or legal holiday, the period will run until the end of the next working day. 8 C.F.R. § 208.4(a)(2)(ii). For purposes of the one-year rule, the application is considered to have been filed on the date it is received by USCIS. If an application is filed after the one-year period it will be considered only if one of the statutory exceptions applies.
An appeal is a request sent by a party in a lower court to a higher appellate court, in order to review and change the decision of the lower court. If a defendant is found guilty on a criminal charge, they have the right to file an appeal to the appellate court. In an appeal review, no new evidence can be shown; the court will only review the error that was shed light on by the defendant. However, the prosecutor cannot appeal the case if the defendant is found not guilty; this term is better known as “double jeopardy”.
Rules and Regulations of the Appellate Court
Federal appellate courts follow the Federal Rules of Appellate Procedure, as their set of regulations. On the other hand, state appellate courts follow their own state rules of appellate procedure. Both the state and federal appellate court share the power of having the final judgment on the case that is being reviewed. Although, there are exceptions to the courts final judgment rule, regarding an error in the trial court or an unconstitutional judgment.
Being arrested in California can be a stressful and frightening experience. However, it’s crucial to remember that you still retain certain rights as a citizen of the United States. Understanding these rights can help you navigate the legal system more effectively. This blog outlines your rights during an arrest, the procedures that follow, and important deadlines related to appeals for those arrested in California.
One of the key components of your rights when arrested in California is the reading of your Miranda rights. These rights must be communicated to you by law enforcement officers at the time of your arrest. If the police fail to read your Miranda rights, any information or evidence gathered during the arrest may be inadmissible in court.
Upon your arrest, you have the following rights:
It is hard to determine what actions violate the unfair competition laws, however if you are ever in doubt the first step would be to call a lawyer. There are several legal routes to take when a business entity are opressing by unfair competition. Filing a lawsuit against an unfair competitor would be the most effective route, in which the plaintiff collects money for every violation. According to BPC 17206, any person who engages in unfair competition will be liable for a civil penalty not exceeding $2500 for each violation.
The court asses each violation made by the Defendant and determines whether it is worthy of a violation. Numerous circumstances are considered when making the final decision, including: the number of violations, seriousness of misconduct, persistence of misconduct, liability, net worth, and defendant’s asset’s.
The industrialization of most cities in the United States puts small business owners at risk of being intimidated or bought out by larger corporations. Business owners can file a lawsuit as a countermeasure to corporation’s intimidation strategies, if they cross the lines of unfair competition. If any business owner is in fear of being a target by other corporations, make sure to contact an attorney to see whether you are a victim of unfair competition.
Give us a call, our litigation and trial attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
The chance vary from case to case. Generally the court considered a variety of factors when deciding whether to grant a PC 17(b) felony reduction motion. For instance
Speak to a experienced Glendale criminal defense attorney and find out how you can reduce a felony to a misdemeanor under Penal Code 17(b) PC. Our criminal defense attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
However, if the grant of asylum is always discretionary, the immigration judge must grant withholding of removal if the applicant meets the “more likely than not” standard. The credible testimony of the applicant may be sufficient to meet his burden of proof. If the applicant is able to show past persecution in his home country there will be a presumption that the applicant’s life or freedom will be threatened if the applicant is removed to that country.
The application for asylum also constitutes an application for withholding of removal, and the alien does not have to submit a separate application for that purpose. However, it should be noted that in contrast to asylum, the withholding of removal may be granted only by the immigration judge. Furthermore, the withholding of removal may be granted even though the alien has filed the application one year after his arrival to the United States. Withholding of removal is not available to an alien if:
To sum up, withholding of removal is an option for aliens fearing to return to their home country if the alien is not eligible for asylum. Although the grant of withholding of removal does not result in permanent resident status an alien can legally stay and work in the United States without the fear of being removed to his home country.
Give us a call, our attorneys at KAASS Law speak various languages including English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
The primary cause of bedsores may be caused due to the negligent care of nursing home. Nurses and staff members are strictly trained to care for the patient. It is necessary for nursing home staff to follow procedures intended to limit the risk of developing bedsore, as well as treating those who already have bedsores.
The customary method used to avoid bedsores is re-positioning, which aid to alleviate constant pressure in common high-pressure areas of the body. Nursing home staff has the duty to help patients reposition themselves every hour. For those patients that are restricted to a hospital bed should be re-positioned by staff at least every two hours.
If your loved one that is in a nursing home has bedsores, you may be eligible to file a negligence lawsuit on the nursing home. Documentation that proves the patient acquired the bedsores as a result of negligence of the nursing home is important. Filing a lawsuit is a productive way to handle negligence in a nursing home and it can ensure later care for the other patients. For it is crucial that the patients are taken care of properly.
Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
Location: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Telephone: (310) 943-1171 Email: [email protected]
Understanding these restrictions is crucial for anyone seeking California trademark registration.
To apply for trademark registration under BP 1407, you must provide specific information as required by the Secretary of State:
After submission, your application will undergo an examination as outlined in BP 14209. Here’s what to expect during the review:
Understanding this process can significantly improve your chances of successfully registering your trademark.
Given the complexities of California trademark registration, seeking legal advice is highly recommended. An experienced attorney can guide you through the application process, ensuring compliance with all requirements and protecting your rights. For comprehensive guidance on trademark law, visit the American Bar Association's section on trademarks for valuable insights and resources. At KAASS LAW, our team of dedicated attorneys is ready to assist you in navigating the intricacies of trademark registration and safeguarding your intellectual property. We speak multiple languages, including English, Spanish, Russian, Armenian, French, and Italian, so you can communicate comfortably. If you are considering California trademark registration, don’t go through this process alone. Contact KAASS LAW today for a consultation. Our knowledgeable attorneys will help you understand your rights and responsibilities, ensuring your brand is effectively protected. Your brand deserves the best defense—let us help you secure it!
In Matter of Acosta, the Board of Immigration Appeals broke down the statutory definition of “refugee” into four elements: (a) the foreigner must have a fear of persecution; (b) the fear must be well-founded; (c) the fear must be on account of one of the grounds specified in INA § 101(a)(42); and (d) the foreigner must be unable or unwilling to go back to his home country or the country of his last habitual residence because of persecution or his well-founded fear of persecution. Matter of Acosta, 19 I. & N. Dec. 211, 219 (BIA 1985). Basically, the alien must show that he is unable or unwilling to return to his home country because of his well-founded fear of persecution and that the fear is on account of one of the grounds specified in INA § 101(a)(42).
In order to show a well-founded fear of persecution, the applicant does not have to prove that it is more likely than not that he will be persecuted in his home country. I.N.S. v. Cordoza-Fonseca, 480 U.S. 42, 449 (1987). An applicant may meet the requirement of having a well-founded fear of persecution if he is able to show that a reasonable person in his place would fear persecution. Bastanipour v. I.N.S., 980 F.2d 1129, 1133 (7th Cir. 1992).
The applicant must demonstrate both objective and subjective fear. Acewicz v. U.S. I.N.S., 984 F.2d 1056, 1061 (9th Cir. 1993) (internal citations omitted). The applicant may satisfy the subjective component by his own credible testimony that he genuinely fears persecution. Id. (internal citations omitted). The objective component may be satisfied by credible, direct and specific evidence of facts supporting reasonable fear of persecution. Id. (internal citations omitted). Potential asylum applicants shall also keep in mind that past persecution creates a presumption of future persecution which can only be overcome by a change in country conditions. In re Kasinga, 21 I. & N. Dec. 357, 371 (BIA 1996).
The applicant’s well-founded fear of persecution must be on account of one of the grounds specified in INA § 101(a)(42). These grounds include race, religion, nationality, membership in a particular social group, and political opinion. INA § 101(a)(42). If the alien’s fear of persecution is not based on one of these grounds, the alien is not eligible for applying for asylum. All the grounds specified in INA § 101(a)(42) are self-explanatory, except the membership in a particular social group.
A particular social group must be defined by an immutable characteristic which the members of the group either cannot change or shall not be forced to change because it is fundamental to their individual identities or consciences. Matter of Acosta, 19 I&N Dec 211, 233 (BIA 1985). A group can be considered to be a particular social group only if it meets the requirements of “particularity” and “social distinction.” The “particularity” requires that a particular social group is defined by characteristics that provide a clear benchmark for determining who is a member of the group. Matter of W-G-R-, 26 I. & N. Dec. 208, 213 (BIA 2014) (internal citation omitted). On the other hand, the “social distinction” requires that society in general perceive, consider or recognize persons sharing the particular characteristic to be a group. Id. at 217.
To sum up, only aliens who meet the statutory definition of “refugee” can apply for asylum in the US. The applicant will have to show that he has a well-founded fear of persecution on account of one of the grounds specified in INA if he goes back to his home country.
Give us a call, our immigration attorney for a free no obligation immigration consultation. speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
An alien’s late filed application for asylum may be considered if the applicant is able to show changed circumstances which materially affect the applicant’s eligibility for asylum. This exception is for aliens who did not qualify for asylum at the time of arrival, however, due to changed circumstances, they became eligible for asylum later. It should be noted that changed circumstances do not grant an automatic extension of the one-year period. The alien must file the application within reasonable time from the changed circumstances. Matter of T-M-H- & S-W-C-, 25 I. & N. 193, 194 (B.I.A. 2010) (internal citations omitted). If the alien files the application within six months from changed circumstances the decision-maker shall determine whether the time was reasonable taking into account the totality of circumstances. Id. If the applicant has waited one year or more, such delay may be excused only in case of particular circumstances. Id. Consequently, the applicant shall file the application at least within six months after the changed circumstances otherwise it will be difficult to show that the application was filed within a reasonable time.
The second exception to the one-year rule is extraordinary circumstances relating to the delay in filing the application for asylum. These circumstances shall refer to events or factors directly related to the failure to meet the one-year deadline. 8 C.F.R. § 208.4(a)(5). As in the case of changed circumstances, the application shall be filed within reasonable time given those circumstances. Id. The applicant shall prove that he has not intentionally created those circumstances, that they are directly related to his failure to submit the application within the specified deadline, and that the delay was reasonable under the circumstances. Id.
(a) Serious illness, mental or physical disability; (b) Legal disability; (c) Ineffective assistance of counsel; (d) The applicant maintained legal status or was given parole until a reasonable period before filing the application; (e) The applicant filed the application prior to the expiration of the one-year deadline, but the application was rejected by USCIS as not properly filed, was returned to the applicant for corrections, and was re-filed within a reasonable period thereafter; (f) The death or serious illness or incapacity of the applicant’s legal representative or the applicant’s immediate family member. Id. It should be noted that this list is not exhaustive. If an applicant was unable to file the application within the one-year deadline period of other extraordinary circumstances, not listed above, the decision-maker may forgive the failure to submit the application by the deadline. To sum up, an alien who qualifies for asylum shall file the application within one year after his arrival. If the alien fails to meet the deadline his application may be considered only if it was filed within a reasonable period after changed or extraordinary circumstances. To avoid any complications the qualifying applicant shall follow the one-year rule. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
The defendant can only file an appeal to the court system directly one above the court they were tried at. For example, if you were tried at a state trial court, than you may file an appeal only at the state intermediate appellate court. If one of the appeals reaches the Supreme Court, than the Supreme Court Justices have the final judgment on the case without question.
Depending on how complex the Appeal is or how many issues need to be reviewed, the cost to appeal can vary. It can range anywhere from $20,000-$50,000 and take as long as 1-2 years depending on how backed up the court is. The cost could be even lower than $20,000 depending on the cost of the services of each level of the court. The higher the level of the court, the more expensive the appeal is going to be, with the Supreme Court being the most expensive. Along with the cost, the chances of filing an appeal successfully are around 15%-25% also depending on the level of the court and complexity of the case.
Location: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Telephone: (310) 943-1171 Email: [email protected]
After being arrested in California, several legal procedures take place. Familiarizing yourself with these steps can help you understand what to expect. The typical process includes:
During the arraignment, the judge reads the charges against you. You will be asked to enter a plea—guilty, not guilty, or no contest. This initial court appearance is crucial as it sets the stage for the legal proceedings to follow.
At the preliminary hearing, the prosecutor presents evidence to a judge to demonstrate that there is enough suspicion to continue with the case. If the judge finds sufficient evidence, they will hold you to answer, allowing the prosecution to move the case to the trial court.
If the case moves forward, a second arraignment occurs approximately 14 days after the court holds you to answer. This hearing is typically held in a higher court (the Superior Court) where the charges will be formally reiterated, and further proceedings will be scheduled.
The pretrial hearing is a critical stage in which both the prosecution and defense may resolve outstanding issues before the trial. During this phase, motions may be filed by either side requesting the judge to rule on specific legal matters.
Finally, if the case proceeds to a jury trial, both the prosecution and defense will present their witnesses and evidence. A jury will analyze the information presented and ultimately deliver a verdict. The judge will then interpret this verdict and determine the appropriate sentencing.
Understanding the deadlines related to your case is essential for protecting your rights after being arrested in California:
If you wish to appeal a misdemeanor conviction, you must file a Notice of Appeal within 30 days of the judgment or order you are appealing.
If you are appealing, you need to file a notice regarding the record of oral proceedings within:
Understanding your rights when arrested in California is vital. These rights are designed to protect you and ensure a fair legal process. If you face legal challenges, it’s crucial to consult with an experienced attorney who can guide you through the complexities of the legal system. At KAASS LAW, our dedicated team is here to help you navigate your legal rights and options. Whether you need assistance understanding your Miranda rights or navigating the court process after being arrested in California, we are committed to providing you with expert legal counsel. Don’t hesitate to reach out to us for a consultation. Your rights matter, and we are here to protect them.