San Diego Immigration Attorneys Blog | California Asylum Lawyers

California Governor calls for swift action in immigration reform

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Family Immigration on Monday, May 20, 2013.

In today's acrimonious political environment even a touted immigration reform proposal has controversial provisions that are downright nasty. The immigration reform bill still going through the U.S. Congress has provisions that are inimical to California's interests and will be harmful to many of the 2.6 million undocumented persons living in California. The latest individual to repeat these criticisms is California Governor Jerry Brown.

Brown called for faster approval of the reform measure. He also demanded that a provision that would delay citizenship for 10 or more years be removed from the legislation. That provision was a compromise to keep fiscal conservative support for the reform. It would mean that most immigrants would have to wait ten years to get citizenship, thus making them ineligible for programs such as Medicaid and food stamps. They'll also be ineligible for the benefits of health care reform.

Immigration reform would help family reunification in California

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Family Immigration on Monday, May 13, 2013.

One problem apparently left to fester by the federal government is the creation of thousands of immigration orphans who may never see their deported parents again. However, if Congress passes immigration reform, thousands of these children may be happily reunited with their parents, both in California and other states. California has by far the largest population of children left behind by deported parents.

One aspect of the situation is that a child born in this country to undocumented parents is nonetheless automatically given United States citizenship. The problem arises by the government's practice of deporting the non-citizen parents of these children. There is much confusion because deportation is controlled by federal agencies and child welfare is a state function.

Supreme Court refuses appeal on appellate immigration ruling

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Family Immigration on Monday, May 6, 2013.

When a state law attempts to interfere with a comprehensive framework of federal law and policy on a certain topic, the state law may be invalidated. That is the import of the U.S. Supreme Court's refusal to hear an appeal taken from a decision of a federal appellate court. The appellate court had ruled that a state's harsh immigration law was invalid and pre-empted by federal law. California and all states cannot pass laws that transgress into the domain of federal supremacy over immigration law and policy.

By refusing to hear the appeal, the Supreme Court let stand the ruling that the state law was pre-empted. The state law made it a crime to harbor or transport illegal immigrants or induce them to enter or live in the state. A refusal to hear the appeal has the effect of upholding the ruling of the case below.

Immigration bill to increase permanent residence for skilled work

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Employment Immigration on Sunday, April 28, 2013.

It may be one of the more endearing nicknames we've seen in a while: dubbing the Congressional supporters of immigration reform as the 'Gang of Eight' has a somewhat nostalgic ring to it, especially if you're a baby boomer remembering terms and phrases popular back in the sixties. More importantly, the federal immigration bill, if passed, would impact California positively and would expand opportunities for temporary work visas and permanent residence for high-skilled workers from overseas. This would help satisfy the enormous demand in the country for skilled and high tech workers.

It appears that the government currently has unduly restricted the ability of engineers and other high tech workers to immigrate here. These unrealistic limitations have resulted in many companies having unfulfilled positions for technologically skilled workers. For example, the limit on H-1B visas for skilled workers is 65,000, but immigration authorities report having reached that cap less than a week after the application period opened. The agency is facing using a lottery to pick future applicants.

California employers favor work visa changes in immigration bill

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Employment Immigration on Thursday, April 25, 2013.

Most economists agree that when businesses are able to employ people while also making a profit through their endeavors, it helps the economy's road to recovery. This is why many California employers believe it is important for the U.S. to update its immigration policy in order to make it easier for them to hire an immigrant worker with a work visa. Industries ranging from agriculture to computer technology have benefited through the availability of immigrant workers.

Workers with high levels of education and skills from foreign countries have played a significant role in technology startup firms such as Google and Facebook. The co-founder of America Online has cited immigration as one of the most important contributing aspects to innovation and entrepreneurship in the U.S. Low-wage immigrant workers in the agricultural industry and those working in food service and hospitality are also important for those industries.

Children of immigration not attending deportation waiver class

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Family Immigration on Friday, April 19, 2013.

There has been a sharp drop in attendance for a deportation waiver class in San Diego that is designed for children and young adults of undocumented immigrants. This program is designed to give the young children of these immigrants the chance at obtaining a temporary waiver from deportation. This immigration class has been slightly controversial from the beginning and has seen lower attendance than originally anticipated.

The workshop has a minimum age of 15 for applicants, thereby excluding a number of other young adults and youth who would otherwise be eligible. It also requires either a high school diploma or the GED equivalent. There have been an estimated half million applicants, but the Migration Policy Institute estimates that there are almost two million youth who are eligible or almost eligible for the program.

City Council passes citizenship and naturalization resolution

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Citizenship on Friday, April 12, 2013.

The City Council for San Diego, California recently passed a proposed immigration reform resolution on a unanimous basis. The resolution apparently represents a call to action showing the Council's support for 'reasonable' steps to allow citizenship and naturalization for the millions of immigrants already living in our nation. It was a stepped-down version of an earlier draft that barely made it past the City Council's Rules Committee last month.

Still, the fact that the entire council was in overwhelming support for the revised draft shows that there is bipartisan recognition of the fact that immigration reform is an important issue, in both California and the nation at large. One Councilman stressed that he feels that the current immigration system is 'broken', and that San Diego's City Council supports a viable pathway to citizenship in conjunction with securing the nation's borders. Additionally, he indicated that families should be reunited when possible and companies who seek strong candidates to employ need to be able to hire that talent when they can't fulfill their requirements from local candidates.

Employment immigration bill nears completion

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Employment Immigration on Thursday, April 4, 2013.

Labor unions and businesses have reached an agreement regarding a new bill designed to streamline the citizenship process for over 11 million illegal immigrants. Low-skilled workers in California and elsewhere have historically faced challenges in terms of fair wage and job permanency, but the changes to employment immigration currently being discussed would drastically alter the fate of immigrants awaiting official status. This bill is just part of a sweeping series of changes to American immigration law that will give rise to a work visa program designed to address low-skill worker needs.

Under the new worker program, it will be possible for currently-illegal immigrants to switch between jobs and even to apply for permanent residency. They will also be entitled to prevailing industry wages or wages paid to full Americans, depending on which total is higher. The visa program will be extended to cover a variety of occupations including everything from healthcare to hotel work, and will raise the cap from 65,000 to 200,000 per year.

California survey shows change in attitude toward immigration

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Family Immigration on Friday, March 29, 2013.

There are many controversial social issues being discussed and debated on today's political stage. Among them is the topic of illegal immigration. Some people call for stricter rules regarding immigration and the path to citizenship. Others call for more lenient rules and more protections for immigrants. Both sides can agree that some sort of reform needs to take place.

A recent study conducted by a joint effort between the Los Angeles Times and the USC Dornsife College of Letters, Arts and Sciences indicates that there is a shift in the feelings of the people of California in regards to their views on illegal immigration. The phone study took place over a period of a week and included over 1,500 registered voters. The response was markedly in favor of those people who may be in the United States illegally, a change from previous polls. In the latest survey, only 19 percent of respondents felt illegal immigrants should be deported.

Path to citizenship and naturalization could come to some

On behalf of Law Offices of Jan Joseph Bejar, A P.L.C. posted in Citizenship on Friday, March 22, 2013.

Readers in California may not be surprised to hear that one authority asserts that legal immigration into our country can be an economic boon to our nation's economy. In fact, a recent report indicates that if a path to citizenship and naturalization was made available to people in our state and across the nation, the economy could grow by as much as $11.5 trillion over the next 10 years. In addition, there would be a significant increase in the tax revenue collected from these individuals.

Many people in California may recall that in1986 the federal government passed a bill that allowed millions of undocumented workers to become legalized. In fact, between the years of 1987 and 1990, three million people were legalized in our country as a result of the Immigration Reform and Control Act. Now, congressional members are working to add to the law, changes that could affect another 11 million people and offer a path to citizenship and naturalization for some.