Jump to Navigation
San Diego Immigration Law Blog

Accusations of fraud after citizenship and naturalization granted

Over 800 immigrants who reside all across the country -- possibly even in California -- were supposedly granted U.S. citizenship by accident. Now, after successfully achieving citizenship and naturalization, many of these individuals are facing accusations of immigration fraud. Those facing such accusations can seek legal assistance in the effort to maintain their citizenship status and avoid deportation.

According to a recent report, a fingerprinting error resulted in approximately 858 immigrants being granted citizenship. Many of these individuals are believed to have had pending deportation orders or have come from countries with which the United States has concerns and questions regarding national security. The inspector general of the Homeland Security Department claims that the lack of fingerprints and discrepancies over names and birth dates led to the granting of citizenship.

California citizenship and naturalization: Requirement exceptions

There is a lot about the immigration system that seems pretty strict and straightforward. However, there is some leniency offered to those who qualify. For example, for immigrants currently residing in California or elsewhere, there are requirement exceptions and accommodations that may be made when applying for citizenship and naturalization.

For numerous immigrants, the language barrier can be a significant concern when it comes to getting through the citizenship application process. It is certainly intimidating to have to go through testing if the English language is still a struggle. There are those, though, who may be exempt from the language testing. To qualify for this, one must either be 50 years of age or older and must have lived in the United States as a permanent resident for at least 20 years, or be 55 year of age or older and lived in the country as a permanent resident for a minimum of 15 years.

Things to know about temporary work permits

Numerous immigrants enter the United States every year for employment purposes -- many coming to California. Some are looking for permanent positions, while others are only wanting temporary jobs. In either case, these individuals must obtain the appropriate visas or permits for their employment needs. This column will try to address some things that immigrants and employers need to know about temporary work permits.

Certain permits may be sought by immigrants themselves; however, there are others that must be obtained directly by employers. The most commonly sought after temporary work visa is called the "H" type. An H-1A applies to those who are registered nurses responding to a shortage in their field. An H-1B is meant for those in specialty fields, such as those that require a college degree or specific training. Finally, an H-2 is meant for those coming for agricultural work.

It is possible to appeal asylum decisions

A man in northern California was recently granted the ability to reopen his asylum case. This is something that many immigrants coming to the state dream about, but struggle to achieve. With the right help, however, it is possible to appeal asylum decisions.

It was recently reported that, at the end of August, an El Salvadoran native currently living in the San Francisco area was able to have his denied asylum request re-opened for consideration. This individual was moved to the country when he was a teenager. His parents were apparently pro-government, and he was personally threatened and even shot by those who disagreed with his family's political stance.

California immigration: How detention is hurting families

Sadly, it is pretty common practice to place California immigrants in detention centers while they await deportation hearings and/or decisions. To immigration authorities this is often deemed as necessary. Unfortunately, this practice isolates detainees from their families. It also leaves these individuals feeling that they have no right to seek legal assistance -- which is not the case.

A researcher at University of California Davis conducted a survey of nearly 500 immigrants who were detained for six or more months. They were held in detention centers that included jails, a private facility and a for-profit campus. It was found that, those held at the private center were less likely to see their families during their stays.

Citizenship and naturalization: Applying for naturalization

Foreign nationals who would like to obtain citizenship in the United States must fulfill very specific requirements. Unfortunately, nothing about the citizenship and naturalization process is simple. There is a lot that one must go through in order to complete the process. How do immigrants residing in California or elsewhere apply for naturalization?

The process which a foreign national must go through to achieve citizenship in the United States is called naturalization. A formal application for naturalization must be submitted and an interview may be required. Before this can be done, though, those who wish to go through this process generally must meet certain residency requirements and pass the necessary exams.

Need and employment visa? Things to know

Obtaining the appropriate visa for work purposes would seem like a fairly simple task; however, it actually can be quite challenging. When one needs an employment visa, there are a lot of steps involved in the process, which can make the whole thing rather confusing. This column will try to address some of the things immigrants who are looking to come to California or elsewhere in the United States for work may need to know about employment-based immigration.

It is believed that approximately 140,000 employment-based immigration visas are made available every fiscal year. These visas are given to those who qualify under one of five preference categories: E-1 through E-5. In some cases, spouses and children may also be granted visas as well.

Removal of conditional residence status based on marriage

When granted residency status in the United States, one's status may be considered permanent or conditional. One's initial residency is generally considered conditional until all requirements for permanent residency have been met. It is possible, though, for immigrants in California and elsewhere to get a removal of conditional residence status. One way to do this is through marriage.

To remove conditions on residency status one must meet certain eligibility requirements. For those wanting to remove these conditions based on marriage, the most important requirement is the ability to prove that the marriage was not entered into simply to work around the immigration system. In order to do this, one must be married to the same U.S. Citizen or permanent resident for a minimum of two years. However, if one's spouse passes away or the marriage ends in divorce, it may still be possible to apply to have conditions removed.

Arrested immigrants may face deportation and removal proceedings

Immigration and Customs Enforcement agents recently arrested 112 immigrants in Southern California. These arrests came as part of a four-day sweep, arranged to round up ex-convicts to be put through deportation and removal proceedings. Many of these individuals have already been released from jail, but some are being held to go before immigration judges.

According to a recent report, from July 19 through July 22, ICE agents focused on arresting immigrants with criminal backgrounds. Some of the individuals arrested are residing in the country legally, while many of the others are believed to be undocumented. Those who have already attained legal statuses could lose those statuses -- as is common following certain criminal convictions.

Beware of unlicensed immigration service centers

Throughout California, numerous agencies can be found that claim to specialize in issues affecting immigrants. Unfortunately, some of these companies, upon closer investigation, have been found to not hold the required licenses required under state law to perform the services they claim to offer. The owner and an employee of one such immigration services business in the northern part of the state were recently arrested on fraud charges, although the business still remained opened after their arrests.

The owner of Al Sanchez Bookkeeping and Tax -- a 56-year-old male -- and a staff member -- a 46-year-old female -- were arrested in mid-July. Both of these individuals are accused of illegally running an immigration consulting business, as the company does not have the proper clearance. A day after their arrests, the business was still up and running, although, it was closed by the end of that same week.

Case Evaluation.  Bold labels are required.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Immigration and Nationality