About Jessica Suotmaa

Jessica Suotmaa is a Freelance Writer, Legal Assistant, and Paralegal Studies student.

US Census 2020

By Jessica Suotmaa 0

You might think the US census, a survey of the living population, has nothing to do with you if you’re undocumented, or just not a citizen. You would be wrong.

The census is organized by the government government to survey current population by state. Citizens, permanent residents, long-term visitors, work visa recipients, and undocumented immigrants are encouraged to participate in the census. The reason is that the results of the survey determine federally funding for the state, as well as state representation in the federal government.

In an immigrant-heavy state like California, a large portion of the population may not be citizens, but they should still be counted in order for California to be properly represented. Otherwise California could end up being underrepresented in Congress.

Funding for federal sponsored programs for healthcare, education, childcare, and food subsidies are also based on census results.

So, if a government employee knocks on your door, or a census survey comes in the mail, be sure to answer the questions.  Answer honestly, and don’t worry about the data. The census bureau does not share information with ICE.  The census does not have a nationality or citizenship question so whether you are documented should not come up in the survey.

Do you have questions or concerns regarding the survey? Or perhaps your immigration status? Contact Lum Law Group to speak to an experienced immigration attorney

Attorneys fees vs Out-of-pocket fees

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When hiring an attorney, it’s important to understand what you’re promising to pay the law firm before you sign on the dotted line. The attorney fees and out-of-pocket costs will be listed in the retainer agreement, so it is important to carefully read the retainer agreement before agreeing to it. Many times attorneys will only discuss their fees and possible filing fees with the client, and fail to mention other out-of-pocket costs that could add up to a lot.

Firstly, what are out-of-pocket costs? These are the fees the attorney pays on your behalf while working on your case. It’s fees to third-party vendors, court fees, and sometimes even includes administrative fees.

Here’s are examples of possible out-of-pocket fees to give you an idea of what to look for:

  • court filing fees;
  • Messenger fees;
  • Transcript fees;
  • Deposition fees;
  • Mediation/arbitration fees;
  • Mileage and parking (for attorney appearances);
  • Postage;
  • Copying;
  • Medical fees (e.g. in personal injury cases);

As you can see, the above-listed fees are all costs that the attorney’s office would typically cover for you either with your deposit, or on “credit” to bill you later.

Now that we understand what out-of-picket costs are, how are they different from attorneys’ fees? Well attorneys’ fees are what the attorney earns from you, their wage, if you will.  How the attorney bills you depends on the type of case you have. We previously outlined the different billing methods in this article.

An important differentiation in our-of-pocket costs and attorneys’ fees is in cases taken on a contingency basis. In these cases, you don’t pay anything until there’s a settlement or judgement, at which point the attorney will take a percentage of your settlement amount.  If you do not win your case, your attorney won’t charge you any attorneys’ fees because there’s $0 from which to take their percentage.  However, you will still owe any and all out-of-pocket costs your attorney incurred while trying to win your case.

Do you still have questions on the topic of law firm retainer out-of-pocket fees or attorneys’ fees? Contact us today!

The 7 new 2020 laws in California

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If you’re a business owner with employees, it is time to familiarize yourself with these seven new employment-related laws that went into affect on January 1, 2020. Ensure you follow best hiring practices and follow these laws for existing employees.

1. New minimum wage

California has a new minimum wage. If your business employees 25 or less people, the new minimum wage is $12/hour. Otherwise the new minimum wage is $13/hr.

2. Independent contractors

We wrote about the AB-5 law previously, but it is still worth revisiting if you’re hiring freelance workers and treating them like independent contractors. The new law dictates that if a business controls and directs the work of the worker, and the work is an integral part of the business (think, a gig economy driver working for a ride service company), then they cannot be characterized as an independent contractor. Instead, the business has to treat them as an employee.

3. Sexual Harassment Training

If your business has more than five employees, you are required to provide sexual harassment training to all employees every two years.  SB 1343 also requires employers to provide new employees sexual harassment training within six months of being hired.

4. Lactation Accommodation

California already requires businesses to provide nursing mothers time to nurse or pump, but with the passing of SB142, businesses must ensure nursing mothers have a proper place to do so. A restroom or break room is insufficient. The location must be close to the employee’s work station, must have electrical outlets, and must be private.

5. Arbitration Agreements

An arbitration agreement is a contract whereby an employee and employer agree that certain, if not all, disputes will be settled via arbitration outside the court (rather than in court with a lawsuit). Companies can no longer force employees into mandatory arbitration agreements with the passing of AB51. This law does not apply to arbitration agreements entered into prior to January 1, 2020.

6. Paid Family Leave

With SB 83, the benefits under paid family leave increase from six weeks to eight weeks. New parents will have more time to stay home with their children starting July 1, 2020.

7. Hair Discrimination

California has banned discrimination based on natural hair style or texture with the passing of SB 188, also known as the Crown Law. Employers and schools cannot discriminate against potential incumbents based on their natural hair, or require a certain hairstyle instead of their natural hair.

 

Do you have questions or concerns as a business-owner and employer? Call an experienced business and employment attorney today! 

Who and What is exempt from the Public Charge rule

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On Monday, February 24, 2020, the new United States Citizenship and Immigration Services (USCIS) Public Charge rule goes into effect. While we’ve written about it in-depth before, we would like to assure our readers which services and benefits are exempt from the rule, and who the rule does not affect. This article serves to clearly summarize all the public benefits you do not need to be worried about.

Let’s start with who needn’t be worried about the a Public Charge rule:

  1. Asylees and Refugees
  2. Victims of Trafficking
  3. Victims of Domestic Violence
  4. Anyone granted relief under the Cuban Adjustment Act, the Nicaraguan and Central American Relief Act and the Haitian Refugee Immigration Fairness Act

Also, please note that the Public Charge rule applies to individuals trying to enter the U.S , adjust status, or apply for permanent residence. It does not affect your green card renewal (unless you’re absent for 6 months or longer) or citizenship application (naturalization).

Holders of U-visas, T-visas, or those who have TPS, or Special Immigrant Juvenile Status also need not worry about the public charge rule affecting their visas.

Next, let’s look at which benefits are exempt from the rule:

  1. State or local health plans (e.g. Medi-Cal)
  2. Children’s Health Insurance Program (CHIP)
  3. Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
  4. School lunch programs
  5. Shelters
  6. Food banks

In other words, the Public Charge Rule looks at the age, health and income of the incoming immigrant and checks for the following public assistance programs:

  • Supplemental Nutrition Assistance Program (SNAP, EBT, Food Stamps)
  • Federal Public Housing Program or Section 8 Housing
  • Medicaid (except emergency services, children under 21 years of age, pregnant women, and new mothers)
  • Cash Assistance Programs

Any benefit or assistance program not listed above will not be counted towards the public charge. If you’re not sure though, ask us!

Telling your story to immigration

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Storytelling might not be the first thing that comes to mind when planning your immigrant or non immigrant benefit application or petition, but it is worth considering.  The United States Citizenship & Immigration Services (USCIS) forms request a great number of facts while leaving little room for explanation. As such, many self-applicants may believe they should summarize their story into a short “blurb”.  We’re here to tell you this is not the case.

Regardless whether you’re trying to immigrate through family or asylum, petitioning for benefits based on hardship, or if you’re seeking nonimmigrant status via employment or investment, you should share your story.  Many of our clients submitted short summaries at the beginning, expecting the chance to expand and share their narrative later at the interview—only to find the interview is based on what was submitted. The interviewer will question new information that was not initially submitted as it suggests that you fabricated additional details to your story. This may not be true, but it’s cause for suspicion.

On the opposite spectrum, you have applicants and petitions who provide too much information, drowning the reviewing officer in data and evidence. How much time do you think a USCIS employee has to review and adjudicate on your application? It’s probably less than you’d think. Hence our suggestion to submit organized and clear submission packages. Not only is there limited time to review your submission, but it might be reviewed by several people, to varying extents.  Without a clear link, or narrative, to string your evidence together, your submission can be confusing at best; overwhelming at worst.

What immigration attorneys and paralegals do for you is they listen to understand your story, apply it to USCIS standards, request relevant evidence, draft your narrative for you, and organize the evidence to match your story.  The result is a clear and persuasive essay.  You can request to review this essay prior to submission, but it will become the “cover sheet” the attorney puts on his letterhead for your submission package. The coversheet is like the table of contents and introduction to your request, and is especially influential in long, complex cases, where the officer will exercise discretion.

If you’re not sure how your narrative can be supported, organized, and argued, don’t try to submit on your own. Don’t let your application become a question mark or headache for the reviewing officer. Hire an experienced immigration attorney to review, prepare, and organize your USCIS submission for increased clarity!

4 Common Mistakes On Immigration Applications and Petitions

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Immigration clients often come to us with botched cases. Either they tried to do it themselves and failed, or they hired a less-than-reliable paralegal office that mishandled their case. Some mistakes are made even in our care. Here are the four most common immigration application/petition mistakes we hope you’ll avoid.

Submitting an incomplete or erroneous application/petition

Clients often rush through the forms, and by mistake leave out a detail from a decade or two ago. Our office, like any office, can only help you ensure your form is filled out completely and matches the information you provided us. We do not know if you had a DUI 20 years ago. We do not know if you have a criminal record that was expunged 15 years ago. These are facts that we may be able to verify and obtain records to support your case, but without a client request we would not think to look for it.

It is the client’s responsibility to think through their past and ensure the forms reflect complete and accurate data.

Failing to pay the complete and exact fee

Often clients will write a check for the wrong amount, such as in the case when the application fee has recently changed. Sometimes clients fail to account for biometrics fees (finger prints for background check), and other times they expect to pay fees separately when they should all be submitted at once.  We have even clients whose applications were significantly delayed because they did not have enough funds in their bank account when the funds were cashed. Don’t be like them; check the fees and use a credit card, money order, or savings account to pay your immigration application or petition fees.

Failing to submit sufficient evidence

If only we had a nickel for every client who hired us after they received their Request for Evidence (RFE). It’s very common for clients to follow generic checklists they found online, or the advice of a friend or an acquaintance who did it themselves without considering their individual cases. Based on your individual circumstances, your application or petition may require different supporting documents or additional evidence.  Immigration used to always request that information from you after you file using an RFE. Nowadays it is not guaranteed.

Failing to respond to a request for evidence or additional information by the deadline

Clients can still receive a request for additional documentation at the interview. An immigration officer may determine after speaking with you that they need more data. They will set a deadline and you will have to produce that information either in person or by mail before the deadline.  If you miss the deadline, your case will likely be denied.

While everyone makes mistakes, don’t let your mistake delay your immigrant or non-immigrant status.  Talk to an experienced immigration today about how we can help you avoid delay!

Does your business act like a business?

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Don’t say we didn’t warn you, but the implementation of new tax regulations may cause many business owners to lose their business deductions when their “business” is reduced to a mere hobby.  Budding entrepreneurs need to ensure their business is set up correctly. Meanwhile, existing business owners need take a magnifying glass to their business to ensure their businesses are both set up and run like a business. In this article we’ll outline the basics of what it means to own a business that’s correctly set up as a business, as well as what it means to act like a business.

1. Form a business entity

It’s more challenging to prove your small business isn’t a hobby if it’s not registered as it’s own entity.  Hire a professional to determine which business type would be most suitable before registering with your local government.

2. Create a professional website

Whatever your business may be, a professional website will help validate it for your customers.

3. Open a separate business account

Keeping your business and personal expenses separate will simplify your year-end bookkeeping—especially come tax time. Open a business bank account and credit line to ensure they’re separate.

4. Open a business email at a professional domain

Many of our clients already have separate business emails but at the same email server as their personal email.  To solidify your professional business image, and to ensure it’s security, open a new email account with a professional domain, such as your own company’s dot com.

5. Draft written contracts

Don’t allow your clients to weasel out of contracts or make last minute changes. Hold them accountable by drafting written contracts and requiring your clients to sign them prior to beginning work.

6. Provide invoices

After you’ve completed work, always invoice your clients, and ensure that the invoices match incoming payments.

7. Advertise your product or services

Even if you rely on word-of-mouth to obtain new customers, try listing your business with a business registry if advertising is out of your budget.  The purpose is to prove that your running your business with the intention making a profit, and advertising your product or services plays a large part in it.

In order to “act like a business” and deduct relates business expenses on your taxes, even the smallest side business must follow the above rules.  If you’re still a freelancer thinking about expanding to a full-fledged business, or want to be treated (taxes) as a business, then start right from the beginning and follow our tips to avoid issues years down the line.

If I marry a US Citizen, will I avoid deportation?

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Many of our non-status clients believe marrying a U.S. citizen will solve their immigration problems.  Undocumented clients will either jump into a marriage head first for a chance at a marriage green card, or they’d wait until they’re detained to marry their beloved.  Then, they’ll come to us and expect the marriage certificate to solve all of their problems. We’re here to tell you it’s not as simple as that; if you’re an undocumented immigrant married to a U.S. citizen, you can still be deported.

Unfortunately, qualifying for a marriage-based green card requires more than just a marriage certificate proving marriage to a U.S. Citizen.

Here are the four other questions to ask yourself if you’re considering a marriage-based green card:

1. Is your marriage legitimate?

Not only does your marriage to a U.S. citizen have to be genuine, but you also need to be able to prove it.

Many clients believe a few photos and a lovey dicey appearance will suffice at the interview, but it’s more complicated than your romance narrative. For immigration purposes you need to show proof of joint residence and shared finances in addition to documents showing your love.

A good immigration lawyer can review your case and existing documents or help you prepare your petition and application.

2. Did you enter the U.S. legally?

Although after marriage you’re now an “immediate relative of a U.S. citizen”, how you entered the U.S. still matters. In order to adjust your status after your Petition for Alien Relative (Form I-130) is granted, you have to be eligible.  Part of being eligible is having entered the U.S. legally (e.g., with a valid visa) and being in status at the time of adjustment.

If you did not enter the U.S. legally, are undocumented, or have overstayed your allotted time, you may be ineligible to obtain permanent residence. Consult an experienced immigration attorney to see if you are banned from re-entry and if you qualify for any ineligibility waivers.

3. Do you and your spouse have enough money?

To obtain a green card, the applicant must be financially secure and/or sponsored by a relative or other U.S. Citizen or Legal Permanent Resident. To qualify for adjustment of status, you’ll have to show pay stubs, tax returns, and other documents proving financial independence.

Applicants are now required to file an additional form, I-944 Declaration of Self-Sufficiency which requires even more detailed financial information to prove you won’t require government assistance in the future.

4. Are you healthy?

All adjustment of status applicants have to undergo a medical examination to prove they are in good health. You will also be required to see an immigration-approved doctor for a full physical. You’ll be required to have received certain vaccinations and even prove you’ll have health insurance to cover any medical issues you may have.

See our article on Public Charge and the Healthcare Ban for more information.

If you’re concerned about your answers to any of the above questions, or if you just want to be certain, give us a call and we’ll review your situation to see how we can help you in your marriage-based adjustment.

7 Most Frequently Asked Questions about the EB-5 Visa

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With the upcoming EB-5 investor visa changes underway, many clients have been asking about the EB-5 visa.  If you’re interested, we encourage you to apply for the EB-5 investor program before November 21, 2019. By applying before the deadline, you can take advantage of current investment thresholds ($1 million, $500,000). If you reach the end of this list and still have questions, do reach out to us as soon as possible!

1. Who can apply for the EB-5 investment visa?

Unlike family-based or employment-visas, the EB-5 investor visa is available to anyone with the funds to invest. An EB-5 investor does not need special relations, education, or skill set—only money.

 

2. How much money do I need to apply for the EB-5 investor visa?

Starting November 21, 2019, the minimum investment is 1.8 million dollars—or 900,000 dollars for targeted employment areas. The EB-5 petition fee is $3,675.

 

3. Can I use retained earnings as part of my initial investment?

USCIS does not consider the company’s retained earnings as part of the your investment.

 

4. Can a promissory note be used as investment capital?

If the promissory note is unsecured, then no it cannot be used as part of your investment. However, a secured promissory note can be used as part of your investment capital as long as you can show that the capital securing the note belongs to you.

 

5. Can someone gift me the funds for my EB-5 investment?

In order for the gift to be counted towards your investment, you would have to pay all applicable gift taxes. In addition, you’d have to show proof of transaction and demonstrate that the funds will not be returned to the gifted after you’re granted your EB-5 visa.

 

6. Do funds from a joint bank account qualify for my EB-5 investment?

As long as the joint bank account is yours and meets general joint bank account requirements, then yes.  You would have to show proof the account is held between you and your spouse, and it is under your name.

 

7. How long does it take for an EB-5 investor to obtain a US green card (permanent residence)?

The answer depends on the applicant’s country of origin. See the USCIS visa bulletin for a specific timeframe as it applies to your country of origin.

Generally, it takes about 1.5-2 years to receive your conditional green card. This time estimate includes the initial EB-5 petition process, which can take about six months. Once you have your I-526 approval, you would apply for an adjustment of status (if in the US), or an immigrant visa (if abroad).

 

Do you have additional questions about the EB-5 investor visa program? Comment them below or send us a message!

How Data Analysis Can Improve Your Small Business

By Jessica Suotmaa 0

If the term “data analysis” seems frighteningly out of reach for your small business, let us clear up how it can be of help. We are also a small business and often find ourselves dealing with an overwhelming amount of data, or options, and we feel like it’s getting out of hand. So data analysis has been sitting on our desk, under a pile, waiting to be tackled.

It’s tempting to just hand over all the data to a professional or hire a service, but that doesn’t always go well. When we tried it, we were asked more questions than we could answer. We were given many demands we thought they would handle, and in the end we felt conned; if we had known the amount of time and effort we would put into it, we would’ve just done it internally. Of course then we did exactly that. Here’s how we looked at incorporating data analysis in our small business.

What can Data Analysis do for me?
The reason we need data analysis in our small businesses is so we can make better, more informed decisions. The purpose of collecting data is to have proof supporting the decisions we make. Otherwise we might make decisions based on personal preference, inaccurate facts, or other subjective reasons. Collecting data allows us to base our decisions on facts.

How do you collect Data for Data Analysis?
Depending on the type of business you have, you may already have data collected. It could be the client management software, it could be your sales reports, or it could even be your social media insights.

Step 1: What questions do you want to answer?
Identify the issues and challenges in your small business that guidance. The right questions are the key to good data analysis. Your questions should be specific.

For example, if your business has been slow and struggling to cover your overhead, you need to figure out what to do. You could have the following question:

1. Can I reduce costs by reducing the number of employees without affecting current quality/production?
2. Is there anything fixable preventing my employees from working more efficiently?
3. Is there training I can offer my employees to increase their skills and reduce the number of employees needed?

Step 2: What Data does your business already have?
Take a close look at what data your business already has and see if it can answer your questions. If not, see about what data you would need to answer the questions you have. Then, brainstorm how you could go about collecting it.

In the above example, the data necessary could be the efficiency and output of each employee, the overall client/sales projection for the near future, and how much each employee costs the company.

Step 3: What will you measure and how?
Once you’ve narrowed down your key questions for resolving your issue, you can start deciding on you’ll measure and how you can measure it. The specific what and how depends on your questions and your data. For our example, we can decide to measure the number of employees our company has, the amount they’re paid in wages, and their output or efficiency.

This is a good time to verify your questions will result in quantifiable answers.

Once you’ve determined what you’ll be measuring, you can also define how you’ll measure it. Part of the “how” is determining the following:

– Timeframe (deadlines and parameters)
– Unit of measure (Hours? Goods? Dollars?)
– Factors (wages might not reflect complete benefits)

Step 4: What additional data does your business need?
Perhaps in defining the questions, measurements, and methods of measurement you’ve realized you have insufficient data. Maybe you haven’t successfully quantified the output or value of each employee in your business. Or you don’t know how efficient each employee could be. Either way, you’ll need to develop a plan to measure applicable data.

To measure data you can go backwards and look at the past assignments, or you could go forward and record for a certain period of time. Regardless, it will take time to collect the necessary data. Know that all you can do is have the templates, instructions, and systems prepared so that once your data is collected/organized, it can be plugged in easily for analysis.

Step 5: Analyze the data

Once you have all your data in one place, you can analyze and interpret the results. The goal in data analysis is to disprove the hypothesis or not disprove the hypothesis. This means you can’t prove your hypothesis and a positive result is an ongoing process.

Here are a few questions you can ask yourself once you have the results from the data:

– Does the data answer my question?
– Does the data help prove or disprove a point?
– What are the limitations of the data analysis?

Assuming your data analysis results answered the question you had initially posed, you can count it as successful. You can go ahead and plan how to execute the plans for improving your business or solving the issue at hand. Rest easy knowing your decision is proven by measurable and quantifiable data.

Do you have any questions about starting a business? Or running a small business? Send us a msg and we’ll sit down with you to see how we may be of service.

Healthcare Ban

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Starting November 3rd, 2019, the new “Healthcare Ban” will affect incoming lawful immigrants.  This ban is similar to the travel ban in that the same Immigration Nationality Act section that upheld the travel ban also serves as the basis for the Healthcare Ban.

The President announced that the influx of incoming immigrants without access to private health insurance are a burden to America.  Since the US healthcare system is already in distress, we are banning immigrants without private insurance from entering the US.

Most importantly, any immigrant who cannot afford private insurance within 30 days of entry will not be issued a visa.  The lack of private healthcare can also impact an immigrant’s ability to obtain permanent residence.

What counts as “private health insurance”?

Private health insurance providers are non-subsidized private health plans that can be purchased through your employer (employer-subsidized) or from the insurance company directly (non-subsidized).  Immigrants who qualify for publicly subsidized health insurance plans do not qualify. Any health insurance bought with Covered California, for example, would not qualify since they’re taxpayer-subsidized.

Migration Policy reported 34 percent of lawful immigrants do not have health insurance while another 31 percent rely on publicly funded or subsidized health insurance, meaning the new Healthcare Ban can severely reduce lawful immigration.

Note: Under the Public Charge regulation, Medicare recipients could be denied immigration benefits.

How much medical coverage does the insurance have to cover?

The announcement states the health insurance policy should cover to a reasonable degree, which we can only assume means it depends on your health condition.  We can safely guess this from the Public Charge guidelines, but we won’t know until further guidance is released.

How soon do I have to have health insurance coverage?

Incoming lawful immigrants would have to be able to obtain private health insurance within 30 days of entrance. Not only that, but they would have to be able to prove that they can afford to purchase health insurance within the next 30 days.

Migration Policy estimates the new Healthcare Ban will reduce legal immigration by two-thirds.

Who is excluded from the Healthcare Ban?

Lawful permanent residents, refugees, asylum seekers, and children will not be impacted by the Healthcare Ban.

What if I’m staying short-term and I don’t want to purchase health insurance?

The announcement states that if you can prove that you can afford reasonable future healthcare costs, then you do not necessarily need to purchase health insurance.  What this may mean on a case-by-case situation we do not know.

 

If you are concerned about how the Healthcare Ban may affect your loved ones, including spouses, parents, and adult children of U.S. citizens, contact Lum Law Group today!

 

What Can an Immigration Lawyer Do for Me? How Can an Immigration Attorney Help me?

By Jessica Suotmaa 0

In reading our online articles, you might think we’re suggesting you don’t need a lawyer for your immigration case.  After all, we tell you about the USCIS online services, we discuss new immigration policy changes, and we even explain how to prove your case. But this is not our intention. We do believe our services are of value, and we certainly do not believe our articles should be taken as legal advice.  Always contact our office directly, preferably by phone, to discuss your unique immigration case.

You may wonder wherein lies the value of an immigration attorney? How can an immigration lawyer help me? Why should I pay more when I can fill out the form myself? Here’s our why:

1. Legal Knowledge

While you may adept at googling information on the world wide web, an immigration attorney is trained in…immigration law.  An immigration attorney spends years studying in law school, and then graduates and continues to read additional books, government policies, and immigration court cases to find relevant information to help his or her clients.

Finally, where a paralegal may be trained in procedural tasks, an attorney is trained to think critically, to analyze your case, and to think like an adjudicator–in other words, the person deciding the outcome of your immigration case.

2. Legal Representation

When you do-it-yourself, you literally are on your own.  When you hire a paralegal to prepare things for you beforehand, you still have to present it by yourself in front of an immigration officer, ICE officer, or immigration judge. The paralegal cannot represent you.  They might be able to accompany you for moral support, but that is the limitation of what a paralegal can do for you.

An immigration lawyer can represent you in any and all of the above settings.  The immigration attorney can visit you in the detention center. They can accompany you for your immigration interview. Or they can appear before the immigration judge and speak on your behalf.

If you have doubts as to your confidence in representing yourself in important immigration matters, hire an immigration lawyer to do what he does best: help you.

3. Agency Experience

While not all attorneys have agency-specific experience, it’s important consider this quality when evaluating immigration attorneys. Choose competent, experienced legal representation.  Attorneys who have steadily grown in the same company, come from a family practice, or who just have years and years of experience will surely know the best practices for dealing with the government agency in questions.  How? From trial and error.  An immigration attorney with more years of experience will have had more cases than a new law school graduate or an attorney who doesn’t specialize in immigration.

When choosing an immigration lawyer, choose the one who knows because there was once he didn’t know. Don’t let your case be the guinea-pig.

 

Do you have questions about the complexities of your immigration case? Make an appointment to meet the experienced attorneys at Lum Law Group today! Call 626-795-8886.

 

 

form i-944 public charge

By Jessica Suotmaa 0

After finalizing the new Public Charge of Inadmissibility rule, United States Immigration and Citizenship Services (USCIS) has announced that new green card applicants will be required to file a “declaration of self-sufficiency”.  The not-yet-released Form I-944 is an additional requirement for all Form I-485 Application to Register Permanent Residence or Adjust Status submissions starting October 15, 2019.  In this article, we will examine the September 26, 2019 draft copy of the Form I-944, Declaration of Self-Sufficiency and its accompanying I-944 instructions.

Note: USCIS has not released the final version of the Form I-944 and Instructions to Form I-944 and the contents of this article is based on just one of many draft copies of the two documents. 

Who has to file a Declaration of Self-Sufficiency?

  • Any adjustment of status or green card applicant filing with a Form I-485;
  • Any non-immigrant category affected by the Public Charge rule, such as: H1-B, L-1, L-2, and H-4;
  • Any visa category affected b y the Public Charge rule, such as F-1 visa and OPT holders;
  • Any applicant filing for an extension of one of the above could be served a Request for Evidence (RFE) demanding a Form I-944

What do I need to prepare for the Form I-944?

The following information will be asked for on the form:

  • Basic: name, alien registration number (A number), social security number (SSN), etc.
  • Household: marital status, household members, household income, etc.
  • Financial: assets, liabilities, income, credit score, bankruptcy, etc.
  • Education: language skills, certifications, degrees, etc.
  • Employment: career prospects, work history, retirement, etc.
  • Health: medical conditions, medical history, health insurance, etc.
  • Public Benefits: use of discontinued use of public benefits, etc.

Now let’s break down each section to see what you’ll need to prepare for in terms of both information and supporting documents.

  • Basic information required on the form include any personal information already entered on your other USCIS forms, including the I-485, Application to Register Permanent Residence.  The only difference is that this form requires you to authorize the Social Security Administration (SSA) to verify your social security number.

Documents you may need: SSN card, passport, birth certificate, local ID, marriage certificate

  • Household information includes all members of your household, their basic information (A numbers), and any immigration benefits they are currently applying for or have previously received.  Household information can also include anyone who claims you as a dependent on their federal income tax returns.

Documents you may need: prior year tax returns

  • Financial information includes assets, liabilities, and resources for the household as a whole. This means anyone within your household will need to provide a list of their assets, liabilities, and resources.
    • Any income that is in addition to what was reported on your federal income tax returns needs to be further listed and supported with documentation. A good example might be child support payments.
    • If your household has failed to file an income tax return, you’ll need to provide an explanation.
    • If you earned income by working illegally without a valid work permit, you’ll need to provide an explanation.
    • Any income, debts, or losses from gambling will require additional documentation as well.

Documents you may need: pay stubs, W2s, prior year tax returns, court documents, W2-Gs, 1099s

  • Financial assets include real estate property, bank accounts, trusts, stocks, retirement accounts, etc.
  • Financial liabilities include loans, mortgages, car loans, credit card debts, student loans, etc.

Documents you may need: credit report, deeds, bank statements, stock/bond certificates, notes, bankruptcy documents, property appraisals, mortgage statements, lien releases

  • Education information includes your overall education history including any language certificates, occupational and vocational skill certificates, degrees, etc.

Documents you may need: high school diploma, bachelor’s/master’s/PHD degrees, transcripts, certificates, licenses, foreign degree evaluation

  • Employment information includes your current employment status, a complete work history, any occupational licenses/certificates/degrees, any current non-immigrant visa approvals, and plans for retirement

Documents you may need: Form I-140 Approval Notice, licenses, certifications, resume, W2s, recommendation letters, pension income statements

Health information includes your medical history and your medical insurance coverage.

Documents you may need: doctor’s reports, medical test results, vaccination records, health insurance verification letter, Form 1095-B, Health Coverage, Form 1095-C, Employer-Provided Health Insurance
Offer and Coverage Form 1693

  • Public Benefits information is a list of any and all public benefits you and your accompanying dependents have previously used, currently use, or plan on using in the future. These benefits can include: social security, medicare, section 8 housing, food stamps, general assistance, any benefit for institutionalization for long-term care at government expense, for example, Intermediate Care
    Facilities for People with Intellectual disability (ICF/ID), Nursing Facility (NF), Preadmission Screening & Resident Review (PASRR), Inpatient Psychiatric Services for Individuals Under Age 21, and Services for individuals age 65 or older in an institution for mental diseases, public housing, and even USCIS application fee waivers.

Documents you may need: documentation of any public benefit received, explanations/declarations explaining your situation

 

The Form I-944 is a free form with no additional fees that does not replace the Form I-864, Affidavit of Support, but is almost as lengthy. USCIS estimates the amount of time it takes to fill out a Form I-944 is 4.5 hours, but that’s assuming you already have all of your supporting documentation.  Submitting a form without sufficient documentation can lead to a denial based on insufficient evidence. Ensure you’re prepared for your application by gathering information now, rather than later!

Still have questions? Ask us what we, at Lum Law Group, can do for you!

 

 

 

Is my foreign-born child a US citizen?

By Jessica Suotmaa 0

On August 28th, 2019 the United States Citizenship and Immigration Services (USCIS) released a new policy manual update on derived citizenship for children. Generally, US citizenship can be granted to children born on US soil or to at least one US citizen parent. However, with the release of the new rule, The granting of US citizenship to children born under these circumstances will be further screened.

What is the biggest change?

The three highlights of this policy update is the clarification between US residence and presence; to establish the difference between US presence and temporary visits to the US, and the update how children living abroad with US government or military are no longer considered as residing in the US.

How could this affect me?

If you are a US citizen working abroad on US territory, such an embassy, or stationed abroad for the US government, it means your child does not automatically acquire US “presence”. US presence is required for establishing residence, a requirement for US citizenship.

Alternatively, if you are a foreign person who gave birth to a child while on US soil, your child may be at risk. The N-600 certificate of US citizenship requires sufficient proof of US presence.

What is considered proof of US presence?

Even US citizens residing abroad must prove they have sufficient US presence in order to justify their underaged children deserving of derived US citizenship. This means if you haven’t returned to the US in a long time, never really lived here permanently, or simply treat the US as more of a vacation spot than home, it’s possible your foreign-born child won’t be granted US citizenship.

This could also apply to foreign-born children of US parents who fail to obtain a copy of a Consular Report of Birth Abroad (FS-240) and thereby need to prove US citizenship by other means.

US citizens must show five years of US presence after the age of 14 in order to qualify.

US presence is best established with school records (transcripts), tax returns, and W2 income returns.

Contact Lum Law Group

Still have questions on what may constitute US presence? Ask an experienced immigration attorney today!

What's the difference between a refugee and an asylee?

By Jessica Suotmaa 0

In popular media the terms ‘refugee’ and ‘asylee’ are often used interchangeably. It’s difficult to tell the difference between seeking refuge and seeking asylum. After all, don’t they mean the same thing?

When it comes to the specific ways the terms apply in immigration, the answer is no.

In this article, we will explain the difference between a refugee, asylee, and asylum seeker.

What’s a Refugee?

Generally, a refugee is someone who has been forced out of their home country. The refugee is seeking refuge outside of their home country because they can no longer remain or return there.

However, in order to receive “refugee status” in the U.S., a refuge seeker must meet certain standards. These standards are dictated by Section 101(a)(42) of the Immigration and Nationality Act (INA), and are similar to the international Refugee Status Determination process (RSD).

Here’s what USCIS would require of a potential refuge seeker:

  • Refuge seeker must be outside of the U.S. at the time of application
  • Refuge seeker must’ve been persecuted due to the one of the following:
    • race
    • religion
    • nationality
    • membership in a particular social group
    • political opinion
  • Refuge seeker cannot be settled in another country
  • Refuge seeker must be inadmissible in the U.S. by other means

To apply for refugee status in the U.S., a refuge seeker must be referred to the U.S. Refugee Admissions Program (USRAP) for refugee status determination.

What “rights” do Refugees have?

Once refugees are granted “refugee status”, they have certain internationally recognized “rights”. Such rights include:

  • Right to their original property (in their country of origin, should they return)

Note: Voluntary return to a refugee’s country of origin to claim property can result in a loss of their third country residence allowance. So if you’ve been granted stay in a country where you didn’t apply for asylum, you can lose that right to stay when you leave to return to your country of origin.

  • Right not to be deported to their country of origin

Note: Although a refugee cannot be deported to their country of origin (where they were persecuted), they can be relocated to a different country.

  • Right to travel (but not to their country of origin)

Note: Refugees are encouraged to remain in the first country they arrive at instead of shopping for better refugee benefits, or risk losing their refugee status.

Who is NOT a Refugee?

The USCIS website specifies that a person who leaves his home country for a “better life” is not a refugee but an “economic immigrant”.

Also, those who are already in the U.S. seeking refuge for humanitarian reasons such as persecution by race, religion, nationality, membership in a particular social group or political opinion must apply through the asylum program.

Who is an Asylum Applicant?

Where a refugee is not granted permission to enter a country until they are approved through the refugee program, an asylum applicant is a person who applies for asylum status while in the country. Therefore, a migrant who feels persecuted can enter American soil or reach the U.S. border and request asylum. But, the key difference is that a refugee has been granted asylum before they entered the U.S. and an asylum seeker is claiming they are a refugee but is still waiting for the results of his or her application.

In most countries, asylum applicants do not have the same rights as refugees. They are not granted work permits, benefits, or the freedom to move freely within the country.  Asylum applicants must prove their case before they can become “asylees”.

Who is an Asylee?

An asylee is an asylum applicant who has been granted refugee status or “asylum”.

 

Do you have questions regarding your asylum qualifications or application? Contact our experienced asylum attorneys about the best way to present your application or most credible deportation defense case strategy!

Living Trust for leaving your children the property you want them to have

By Jessica Suotmaa 0

Many of you have heard estate planners state that you should have a “trust” to protect your assets. You may have heard of the terms “revocable” and “irrevocable”, or seen an ad for setting up a “living trust”. But what does all this mean?  In this article, we will first explain what a revocable living trust is in layman terms, then inform you why you need a revocable living trust too.

In order to fully explain what the popular term, “living trust”, or “revocable living trust” means, we need to begin by defining each word in the term.

What is a Trust?

A trust is a legal document that separates designated property from the rest of your estate for certain people.  It is similar to a will, but a will determines how your property will be divided upon your death, whereas a trust takes your property out of your hands while you are still alive.

What is a Living Trust?

As such, a living trust is simply a trust you set up while you are alive. Similarly, “revocable” simply means that the terms of the trust can be changed by the creator of the trust.

What is an Irrevocable Trust?

Once you pass away, the trust can no longer be changed by you and automatically becomes “irrevocable”, or unchangeable.

Why do I need a Living Trust?

If you do not have a trust, or a will, your property and assets will become your “estate”. With no designated recipients, your estate will be handed to the State and it will be up to a Judge to decide who will receive what part of your property.  This is called Probate.

Having a trust can prevent an estate from going to probate. Having a trust can also prevent disputes among your family and other relations leading to probate if they disagree with the contents of your will.

So what?

You might wonder why creating a living trust matters, so here’s why in a nutshell:

  • Probate is public information, meaning your assets will become known to all. Having a trust will ensure confidentiality of who gets what and when even after your death.
  • Your relatives might end up wasting a lot of money on legal fees fighting over your assets in probate, leaving little left.
  • Setting up a trust allows you to assign a “trustee”, or person who would manage your property on your behalf for the purpose you designate. For example, you could leave gifts to a child or a person of special needs have someone else manage those assets to ensure the trust assets are put to good use.
  • You can assign a co-trustee to make decisions on your behalf if you become incapacitated.
  • If you prefer assigning yourself as the trustee, you can select a successor trustee to become the new trustee upon your death.
  • With a trust, you can assign guardians to your children or managers for the property you leave your children.
  • Using a trust, you can designate how you want your debts to be paid upon your death.

What do I need to create a Revocable Living Trust?

It depends on the type of assets you have. You would need a trust document notarized by a notary public.  You would need to list all the property you would like included in the trust. Real property would need to be re-titled under the name of the trust.  If you need assistance in designing a trust, or creating a trust, call Lum Law Group for quality advice!

3 Changes to the 2019 EB-5 Program You Need to Know

By Jessica Suotmaa 0

On July 23, 2019, the United States Citizenship and Immigration Services (USCIS) released the long-awaited update to the EB-5 investor program, the new EB-5 investor program modernization rules (“new rules”).  The new rules will go into effect beginning November 21, 2019, if Congress extends the program past the current expiration date of September 30, 2019.

So as long as you file before November 21, 2019, USCIS will review the petition with the old rules!  USCIS will not make a decision based on the following new rules if your Form I-526 Immigrant Petition by Alien Entrepreneur is filed before the new rules go into effect on November 21, 2019.

In this article, we will cover the five most relevant changes to the popular EB-5 program.

 

1. Minimum Investment Increases

Likely one of the most important issues for those interested in participating in the EB-5 program is the minimum investment requirement. The new rules require each investor to invest a minimum of US$900,000 in a targeted employment area (TEA) and US$1.8 million if not. Previously the amounts were US$500,000 and US$1 million, respectively.

$500,000        ->    $900,000

$1,000,000     ->    $1,800,000

It’s important to note that these figures will not go down, but will adjust to inflation with an increase scheduled for every five years.  This means the next minimum investment increase will occur in 2024.

Pro Tip: Lock in your lower investment thresholds by filing a complete I-526 petition by the November 21, 2019 deadline!

 

2. Targeted Employment Areas are Rural

Where previously the TEA of low employment areas were determined by the State, now they will be determined by Department of Homeland Security (DHS).  This means California can no longer decide which areas of high unemployment can be designated as a TEA.

In addition, the New Rules state that where previously towns and cities with 20,000 residents or more could qualify for TEA even if they were located within a Metropolitan Statistical Area (MSA). The New Rules would disqualify towns and cities within MSAs to qualify for TEA status.  DHS is specifically allowing rural towns and cities with 20,000 residents or more, struggling with high rates of unemployment to qualify for TEA status.

Pro Tip: If you’re looking to invest in an EB-5 project after November 21, 2019, be sure to check whether it will still qualify as a TEA. If your project is no longer in a TEA area, your minimum investment will increase from $500K to $1.8million.

 

3. Priority Date Retention

Previously, EB-5 investors with approved petitions would lose their priority date if they had to amend their petition. With the new rules, EB-5 investors can keep their original petition approval date for the calculation of their visa priority date.  This means EB-5 investors can petition with subsequent Form I-526s and not risk losing their priority date placement.

Pro Tip: Since not all EB-5 projects work out, secure your EB-5 visa by submitting multiple I-526 petitions and use the priority date for the earliest approval!

 

To avoid the above rules, be sure to file a completed I-526 application before the November 21, 2019 deadline. Not sure if you have a good project? Need an experienced immigration attorney to review your petition? Contact our office for more information on how you can participate in the EB-5 investor program using the old rules before it’s too late!

undocumented & deportable

By Jessica Suotmaa 0

Amid recent news on an increase in Immigration & Citizenship Enforcement (ICE) raids, many may worry about detainment. While California is immigrant-friendly, it doesn’t mean law enforcement won’t turn you over to ICE.  It also does not prevent federal agents from taking you into custody. If you’re undocumented and worry you might be detained or deported, then this article is for you.

We’ve already written about how employer’s can guard against on-site job raids. We’ve also referenced many resources for undocumented immigrants to learn about their rights.  You can always call us if you you have questions about your options or current immigration case. And we’ve discussed deportation and even waivers for inadmissibility. Now it’s time to talk go over precautions you can take to protect your family if you are at risk of deportation.

1. Memorize a phone number that’s not your own

We can all (hopefully) remember our own phone number, but do you remember the number of your emergency contact? How about your immigration attorney?

…Our number is 626-795-8886, by the way.

Be sure to remember at least one phone number of a reliable person whom you can call if you’re detained.  This phone number should belong to someone who is available or who at least has a voicemail set up with an inbox that is not full.

2. Assign your kids a guardian

If you have children, and this is especially true if they’re U.S. citizens or lawful residents, they will need a guardian when you’re detained.  Someone should know to pick up your kids from school, to take them home, or to stay in your home to care for them.

Someone should also be assigned to be legally responsible for them. Relatives can be informal guardians, but anyone can be given Informal Guardianship Authorization. This form would allow the guardian to enroll your kids in school, take them to the doctor, sign up for Medi-Cal, and other necessary items. Ask us about the form, or ask your school and medical professional what forms they offer.  Prepare the necessary paperwork and sign multiple copies so that everyone has one.

3. Give someone trusted access to your info

Does your spouse, mother, child, or other emergency contact have access to your home? Do they have a key to your house? Your car? Do they know where their legal documents are? Do they know who your attorney is?

Be sure to organize all your immigration documents, forms, and other supporting documents in an accessible place. If you have criminal records, legal documents from your home country, tax records, or any other important documents, place them in the same space.  Include any other “positive” documents about your American life, your family and children that may help your immigration case.  Ensure your emergency contact knows where your legal documents are stored.

4. Prepare your loved ones

If you have an alien registration number (A#), be sure to share that with your friends and loved ones. If you are detained and they need to find you, they need certain information about you.  Specifically, your full legal name (or names, if you have multiple), date of birth, and alien registration number. Share the Online Detainee Locator link with your loved ones.

Preparedness is important as it reduces stress for both you and your loved ones when you’re detained.

5. Know your rights

As an undocumented immigrant, you still have rights.

You have the right to silence. You have the right to tell the officer you do not wish to speak.

You have the right to speak to an attorney.

You have the right to privacy of your home and vehicle. You have the right to exit your home and meet officers outside (rather than let them in). You have the right to inspect a warrant to verify if an immigration signed it.

Don’t be afraid to ask for your rights!

what does administrative processing mean in immigration

By Jessica Suotmaa 0

When applying for a visa to the United States, many applicants worry about their “administrative processing” status.  Some think this means they are doomed for denial. Others are just confused as to why there is a delay.  In this article, we will briefly explain what administrative processing means in U.S. visa processing.

Background Check

The reason behind the status, “administrative processing”, is that your case needs to be forwarded to Washington D.C. for a background check.  Sometimes, the consular office will require a background check to process your visa. This is an extra step in the visa application process caused by either a database match or a trigger in your application or interview.

Database Match

The U.S. government keeps records of each visa applicant, and foreign visitor.  When you have a name, fingerprint, or date of birth that is similar to another individual on the “black list”, you will be further investigated.  This is also true if you have had any issues in the past, such as visa overstays, visa denials, or criminal arrests and convictions.  Sometimes your case requires further inspection because of the answers you put on your Form DS-160, but the reasons are endless.  It’s hard to say exactly what triggered the database match.

Processing Time

How long it takes to process your security clearance depends on the consular office you attended.  Some offices have processing times of 60 days, and others require more time. You can contact your local consular office (start by checking their website) for their administrative processing time.

Remember, the processing time for administrative review is outside the processing time of your visa. This means it is an additional time that is added on to the normal visa processing time.  There is also no way to expedite the process of administrative review.

To prevent further delays, comply with any document requests from the consular office as soon as possible. Remember, the time it takes for you to gather your information is outside the processing time.

If the processing time for your local office has passed, you can contact your attorney to see about inquiring on the status of your case with the consulate.

Processing Results

Does getting a notice for administrative processing mean your visa will be denied? No, it does not.  It’s one thing to know you have issues in your history that warrant a denial. It is another, to assume you will be denied for no reason. Overall, it is not productive to think of the administrative processing status as an instant denial.

Since a database hit is usually the case of administrative processing, there is no formal way to challenge a denial.  Even if the consular office  started the process because he or she required additional information to make a decision, it is still near impossible to appeal that decision.

If your visa has been denied after administrative review and you would like to speak to an attorney about your options, contact us directly.  We will review such cases on a case-by-case basis.

Unfortunately, you cannot determine whether your case will be forwarded for administrative review prior to applying.  If you have further questions, you can contact our office to speak to an experienced immigration professional!

 

What does it mean to sponsor an immigrant?

By Jessica Suotmaa 0

In applying for legal immigration status, there are so many forms and formalities that are necessary that we often get in the habit of just verifying basic information and signing on the dotted line. However, if you’ve been asked to “sponsor” someone, whether a family member, distant relative, or community member, you should know what it means.

Many people seem to believe that to sponsor an intending immigrant means to “vouch” for a buddy. As in, I know he’s good for his money; or I know he’ll work hard once he gets his work permit. But that is not what sponsorship means in U.S. immigration.

Declaration of Financial Support

Sponsoring an immigrant means you are their financial sponsor.  Think of it as hosting an au pair or an international student in your home. You are responsible for that person’s living expenses. You are responsible for that person’s medical expenses. That person does not have work authorization and you must provide them with food, shelter, and spending money.  You’re that person’s bank.

If you’re thinking to yourself that it’s OK, it’s only for a short while, think again. The United States Immigration and Citizenship Services (USCIS) website specifically outlines that immigrant sponsorship lasts until the immigrant becomes a U.S. citizen, or has clocked in a certain number of work quarters–usually lasting ten years.

So sponsoring an immigrant by filling out the Form I-864, Affidavit of Support and providing your tax records means you’re liable for that person’s expenses for up to ten years.

If you’ve ever wondered why the form is so detailed, and why you need to turn in your tax returns or financial documents, now you know it’s because you’re financially responsible for the immigrant. By proving you can afford to sponsor the immigrant, you commit to paying their bills. Which brings us to an important point, don’t let the immigrant become a public charge.

Read: What does Public Charge Mean? 

Don’t Sponsor a Public Charge

Let’s say you sponsor an immigrant and they end up going on welfare. They apply for public benefits, such as Medi-Cal and food stamps, becoming a “public charge”.  This shouldn’t happen because you vouched for that immigrant. You told the government that you will cover all of their costs, including any medical issues. As a result, you may have to pay back the government all the benefits the immigrant you sponsored received.

If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. (USCIS)

Not Everyone Can be a Sponsor

If you’re not directly related to the immigrant, you can only be a joint sponsor. Joint sponsors pool their resources with the main sponsor to support the immigrant. Joint sponsors have to meet the same requirements and are just as liable for the immigrant’s finances.

If your legal professional offers to help you find a sponsor, find a new one. If they say they can provide the affidavit for you for a set fee, don’t pay them.  They’re charging you for illegal practices and you’re the one who will be in trouble.

Read: How to Find a Good Legal Professional

If you’re not clear on what it means to be a financial sponsor, if someone’s asked to fill out the Affidavit of Support on their behalf, or if you have questions on the application process, contact an experienced immigration lawyer today!