Immigration Law

Seeking legal consultation on work visas, citizenship, asylum, or deportation can be difficult and sensitive so it is important to find immigration lawyers in San Diego who can protect you.

President Trump’s Executive Orders on Immigration – What They Mean and Where Can You Find More Information? Executive Orders Executive Order, Buy American and Hire American, (4/18/2017): https://www.whitehouse.gov/the-press-office/2017/04/18/presidential-executive-order-buy-american-and-hire-american Executive Order, Protecting the Nation From Foreign Terrorist Entry To The United States, (03/06/17): https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states Executive Order 13769, Protecting the Nation From Foreign Terrorist Entry Into the United States (01/27/17) aka “Entry Ban” or “Muslim Ban” Executive Order, available at https://www.federalregister.gov/documents/2017/02/01/2017-02281/protecting-the-nation-from-foreign-terrorist-entry-into-the-united-states Executive Order 13767, Border Security and Immigration Enforcement Improvements (01/25/17), available at https://www.federalregister.gov/documents/2017/01/30/2017-02095/border-security-and-immigration-enforcement-improvements Executive Order 13768, Enhancing Public Safety in the Interior of the United States (01/25/17), available at https://www.federalregister.gov/documents/2017/01/30/2017-02102/enhancing-public-safety-in-the-interior-of-the-united-states U.S. Government Links Related to the Executive Orders On 3/7/2017, President Trump signed a revised version of his Executive Order travel ban, entitled , "Protecting the Nation from Foreign Terrorist Entry into the United States." The revised EO is effective as of 12:01am ET on March 16, 2017 and applies to foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, omitting Iraq. Department of Homeland Security (DHS) has posted a fact sheet and FAQ on the revised travel ban, available at https://www.dhs.gov/news/2017/03/06/fact-sheet-protecting-nation-foreign-terrorist-entry-united-states and https://www.dhs.gov/news/2017/03/06/qa-protecting-nation-foreign-terrorist-entry-united-states Department of State (DOS) Announcements on the Executive Orders on Visa https://travel.state.gov/content/travel/en/news/important-announcement.html https://travel.state.gov/content/visas/en/news/executive-order-on-protecting-the-nation-from-terrorist-attacks-by-foreign-nationals.html U.S. Customs and Border Protection - Protecting the Nation from Foreign Terrorist Entry Into the U.S. (Includes Q&A), available at https://www.cbp.gov/sites/default/files/assets/documents/2017-Feb/EO-QA-PDF-WEB-02.02.2017.pdf United States Citizenship and Immigration Service (USCIS) Implementation of the Jan. 27 Executive Order, available at https://www.uscis.gov/news/alerts/uscis-implementation-jan-27-executive-order Department of Homeland Security (DHS) News/ Fact Sheets -Executive Order: Border Security and Immigration Enforcement Improvements, available at https://www.dhs.gov/news-releases/fact-sheets What is the Latest? – Executive Order Entry Ban Halted The Ninth Circuit denied government motion for stay of proceedings in State of Washington v. Trump, Case No. 2:17-cv-00141-JLR (W.D.Wa., January 30, 2017) . The Ninth Circuit denied the Trump Administration's motion asking the Ninth Circuit to indefinitely hold in abeyance proceedings in its appeal of a federal district court's February 3 temporary restraining order. The court extended the deadline for the government's appeal brief to March 10. February 21, 2017 - Revised "comprehensive" executive order expected next week. The White House is expected to issue a revised immigration executive order next week, according to a presidential press conference today and a government brief just filed with the 9th Circuit. The President commented, "We’re issuing a new executive action next week that will comprehensively protect our country. So we’ll be going along the one path and hopefully winning that, at the same time we will be issuing a new and very comprehensive order to protect our people. That will be done sometime next week, toward the beginning or middle at the latest part." February 9, 2017- The US Court of Appeals for the Ninth Circuit rejected the government’s request to stay a federal district judge's nationwide temporary restraining order (TRO) against President Trump's January 27 entry ban executive order in the State of Washington v. Trump, Case No. 2:17-cv-00141-JLR (W.D.Wa., January 30, 2017). The ruling means that the entry ban will remain suspended for now. However, future court rulings could reinstate the ban while a federal district court challenge to the executive order continues. The U.S. Departments of Homeland Security and State Department have been complying with the TRO and are processing travelers as they did before the executive order. However, in light of the ongoing litigation, foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen should continue to exercise caution before traveling to or departing from the United States. Government Agency Websites Pertaining to US Immigration www.dhs.gov www.cbp.gob www.travel.state.gov www.ice.gov
Key Terms and Issues in Immigration Law
Citizenship/Naturalization A citizen of the United States is a native-born, foreign-born or naturalized person who owes allegiance to the United States and who is entitled to its protection. To become a citizen at birth, you must: Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR Have had a parent or parents who were citizens at the time of your birth. To become a citizen after birth, you must: Apply for “derived” or “acquired” citizenship through parents; OR Apply for naturalization. Visas — Work, Student, Family, Temporary or Permanent Visas If you are a citizen of a foreign country, then you will be required to have a visa to enter the United States, either with a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. A U.S. visa allows the bearer to apply for entry to the United States under certain classifications, for example, as a student, visitor or temporary worker. A visa does not grant the bearer the right to enter the United States. A visa indicates that your application has been reviewed by a U.S. consular officer at an American embassy or consulate, and that the officer has determined you’re eligible to enter the country for a specific purpose. Only the immigration officer has the authority to permit you to enter the United States and determines how long you can stay. Green Cards A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “Green Card.” You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. Deportation Any person who is not a U.S. citizen can be deported from the United States if they are determined to be removable. They are subject to receiving a removal order and must leave the United States. Asylum This is a form of protection for individuals fleeing from their native countries due to political, social, religious or ethnic persecution. Sexual orientation Gender (including domestic violence) Political opinion Religious affiliation Tribal association Ethnicity or national origin Conscientious objection to military policies or recruitment You may need to hire an asylum lawyer if you are seeking asylum in the United States.
Disclaimer: The information on this page is to aid your general understanding of general law issues and terms. This information does not constitute legal advice and should not be depended upon for that purpose. Laws are constantly changing and may at any time render the information found here invalid, so you will want to do further research on your own. For legal advice, consult an attorney. If you need a referral to an attorney, contact the SDCBA’s Lawyer Referral and Information Service at www.sdcba.org/ineedalawyer.

Other News from the Immigration Law Section

The USCIS Clarifies Suspension of Premium Processing for H-1B Extensions

On May 22, 2015, USCIS issued an updated announcement on the temporary suspension of premium processing for H-1B extensions filed between May 26 and July 27.
USCIS Posts New Form I-765 Form, Application for Employment Authorization Document (Previous Editions Accepted) Filing Locations Updated

USCIS has posted the new edition (02/13/15) of Form I-765 to accommodate H-4 EAD applications.
USCIS Receives 233,000 FY 2016 H-1B Cap Cases, Runs Selection Lotteries, April 14, 2015

On April 13, 2015, USCIS announced that it received approximately 233,000 FY 2016 H-1B cap petitions between April 1 and April 7, 2015 – approximately 35 percent more petitions than were received during the FY 2015 filing period.

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Immigration Law

Seeking legal consultation on work visas, citizenship, asylum, or deportation can be difficult and sensitive so it is important to find immigration lawyers in San Diego who can protect you.

President Trump’s Executive Orders on Immigration – What They Mean and Where Can You Find More Information?

Key Terms and Issues in Immigration Law

Resources

Other News from the Immigration Law Section

The USCIS Clarifies Suspension of Premium Processing for H-1B Extensions

USCIS Posts New Form I-765 Form, Application for Employment Authorization Document (Previous Editions Accepted) Filing Locations Updated

USCIS Receives 233,000 FY 2016 H-1B Cap Cases, Runs Selection Lotteries, April 14, 2015