About Jessica Suotmaa

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

Want to get naturalized? Here's what you need to know...

By Jessica Suotmaa 0

In line with recent trends, our office has received more inquiries regarding naturalization, with more and more people realizing that they are safer as U.S. citizens than permanent residents. Note: We estimate the naturalization process to take about a year, given USCIS 700,000+ processing backlog.

The process of applying for Naturalization is as follows:

  1. Check that you qualify to be naturalized
  2. Fill out Form N-400 and gather necessary documents
  3. Mail out your completed application (or send it online)
  4. Prepare for your interview
  5. Go to your interview/test
  6. Attend the naturalization/oath ceremony

As we haven’t found a comprehensive resource for those looking to learn more about how to prepare for the interview and citizenship test beyond USCIS official resource center, we’ve compiled this list as a comprehensive resource.

Keep in mind that USCIS will test you on the following:

  • Civics: You will be asked about 10 questions on U.S. history, U.S. government, U.S. geography.
  • Listening: You will be expected to understand the officer interviewing you and converse accordingly.
  • Reading: You will be asked to read a sentence aloud during your interview.
  • Writing: You will be asked to write a sentence that is read to you (dictation).

You can prepare for the listening, reading, and writing portions of your interview by studying vocabulary lists, chatting with many different people (with different accents), and watching the news.

Official information:

Form help:

Interview help:

Citizenship test help:

Podcasts:

Apps:

 

Do you know of additional resources that we can add to this list? Let us know!

5 Reasons Why It's Already Too Late to File Your H1b Petition

By Jessica Suotmaa 0

While Spring marks the busy federal and state tax season for CPAs and Tax preparers, H1B is the busy season for immigration law firms. The difference is that “File your taxes with us!” ads don’t start coming out till February-March when companies big and small begin aggressively marketing their clever tax preparation services; yet by March law firms have already begun their H1B preparations. So if you haven’t finished negotiations with your company and you haven’t retained a lawyer yet, it may be too late for you. Here’s why:

1. Are you ready to file on April 3rd, 2018?

H1B petitions are not accepted before April 3rd, but they may not be accepted after April 3rd either, since the USCIS annual quota (85,000) can potentially be reached the same day. Last year, and in the last three years, the H1B cap was reached by April 7th, less than a week since accepting petitions on April 2nd. Therefore, it is crucial that attorneys prepare H1B petitions promptly and file on April 3rd, 2018.

2. Do you want an attorney to prepare/review/file your petition?

Some of you may think this means you have plenty of time left.  After all, many of you complete your own paperwork at home and believe it is sufficient. However, keep in mind that finding a last minute attorney, or providing all your documentations last minute to an attorney is ill-advised given that you are not an attorney’s only client. Like with any law firm, attorneys have a roster of clients and cases they are working on and have to plan and manage their time wisely to meet all deadlines. When you spring your case on them last minute, if they are even willing to accept your case, they will charge you for the sacrifices they must make to meet your deadlines.

3. Did you already receive your DOL certification?

In addition, while it typically only takes a week to obtain a labor certification (LCA) from the Department of Labor (DOL), the processing times increase with the number of pending applications, often doubling or even tripling wait times. Generally, attorneys expect to have the LCA filed by mid-March, if not earlier.

4. Does your company have all the documents requested on hand?

Finally, the employer’s company organization, HR, and overall preparedness play a large part in the H1B preparation process, given that many of the required documents need to be prepared (a certain way) by the employer.  The H1B recipient usually has very little control of what has already been prepared and if not ready, then when the required documents can be provided. Hence, the necessity to begin the process as early as January.

5. Did you know USCIS no longer accepts premium processing?

Be careful in submitting your H1B petitions as USCIS will reject your petition if filed or paid for incorrectly.  USCIS has suspended premium processing (I-907). Any petition filed with a combined check payment for regular and premium processing will be rejected.

 

 

mastercard and visa

By Jessica Suotmaa 0

United States Citizenship and Immigration Services (USCIS) has announced that it will be accepting credit card payments for certain forms.

You can now pay your immigration application filing fees using VISA, MasterCard, American Express, or Discover cards.

A credit card can be used to pay for the following applications:

EOIR-29 – Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
G-1041– Genealogy Index Search Request
G-1041A – Genealogy Records Request
I-102 – Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
I-129F – Petition for Alien Fiancé(e)
I-130 – Petition for Alien Relative
I-131 – Application for Travel Document
I-140 – Immigrant Petition for Alien Worker
I-212 – Application for Permission to Re-apply for Admission into the U.S. After Deportation or Removal
I-290B – Notice of Appeal or Motion
I-360 – Petition for Amerasian, Widow(er) or Special Immigrant
I-485 – Application to Register Permanent Residence or Adjust Status
I-485 Supp A – Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
I-526 – Immigrant Petition by Alien Entrepreneur
I-539 – Application to Extend/Change Nonimmigrant Status
I-600 – Petition to Classify Orphan as an Immediate Relative
I-600A – Application for Advance Processing of Orphan Petition
I-601 – Application for Waiver of Grounds of Inadmissibility
I-601A – Application for Provisional Unlawful Presence Waiver
I-690 – Application for Waiver of Grounds of Inadmissibility
I-694 – Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act
I-698 – Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)
I-765 – Application for Employment Authorization
I-800 – Petition to Classify Convention Adoptee as an Immediate Relative
I-800A – Application for Determination of Suitability to Adopt a Child from a Convention Country
I-800A – Form I-800A Supplement 1 (Listing of Adult Member of the Household)
I-800A – Form I-800A Supplement 2 (Consent to Disclose Information)
I-800A – Form I-800A Supplement 3 (Request for Action on Approved Form I-800A)
I-817 – Application for Family Unity Benefits
I-821 – Application for Temporary Protected Status
I-824 – Application for Action on an Approved Application or Petition
I-829 – Petition By Entrepreneur to Remove Conditions on Permanent Resident Status
I-90 – Application to Replace Permanent Resident Card
I-910 – Application for Civil Surgeon Designation
I-941 – Application for Entrepreneur Parole
N-300 – Application to File Declaration of Intention
N-336 – Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA
N-400 – Application for Naturalization
N-470 – Application to Preserve Residence for Naturalization Purposes
N-600 – Application for Certificate of Citizenship
N-600K – Application for Citizenship and Issuance of Certificate Under Section 322

To pay with a credit card, USCIS requires you fill out the form, Authorization for Credit Card Transactions, G-1450.

Just as with check payments, the total amount can include the filing fee and biometrics (finger print) fee.

Remember, you need to submit one Authorization for per petition/application.

Make sure you have enough available balance! If the credit card payment is declined, USCIS will not process the card again, but will reject your application.

creative people need to care about their intellectual property

By Jessica Suotmaa 1

Risk of loss

There is always the risk you will lose the rights to your creations.

With patents, your invention can become a public invention with no exclusive usage rights.

With trademarks, your mark can become generic. In fact, “Google” might lose its trademark because they argue that the verb, “to google something”, is now part of the English language and culture. Other examples of trademarks that have become generic include: Aspirin, Dry Ice, Laundromat, Kerosene, Zipper, Heroin.  Once a trademark becomes generic is possible to lose your right to sue upon perceived infringement.

With copyrights, it is also possible to lose the right to sue.

 

 

Contact Lum Law Group and find out how to protect your intellectual property!

Why yes, You CAN renew your DACA

By Jessica Suotmaa 0

Due to a recent law suit regarding the Deferred Action for Childhood Arrivals (DACA) program, a federal judge has ruled that USCIS must continue the program while the lawsuit is pending a decision.  As such, USCIS released a preliminary injunction on January 13, 2018 announcing it will be accepting renewal applications for existing DACA holders and for anyone who had DACA but could not renew due to the end of the DACA program (we wrote about it before too).

Please note that this is a temporary situation and could change at any time.

What this means for you:

You had DACA but could not renew, so your DACA has expired:

You may file a new application here.

 

You have DACA but it is expiring soon:

We recommend you file for a renewal four (4) to five (5) months before your DACA is expires. Four to five months allows you to receive your new work permit before the previous one expires and is thereby a good rule of thumb.

 

You have never had DACA but think you might qualify:

USCIS is not accepting new applications at this time.

 

If you have any questions regarding qualifications, please visit the official USCIS website for more information or contact our office at (626) 795-8886.

Protect your innovation!

By Jessica Suotmaa 2

Intellectual property refers to creations of the intellect for which a monopoly is assigned to designated owners by law. Intellectual property rights are the rights granted to the creators of Intellectual property and include:

  • trademarks,
  • copyright,
  • patents,
  • industrial design rights, and
  • in some jurisdictions trade secrets.
  • Artistic works including music and literature,
  • as well as discoveries,
  • inventions,
  • words,
  • phrases,
  • symbols, and
  • designs, can all be protected as intellectual property.

Intellectual property has a very broad scope and thus it can be said that Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets. There are also more specialized or derived varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in the US) and supplementary protection certificates for pharmaceutical products (after the expiry of a patent protecting them) and database rights (in European law).

All businesses have intellectual property, regardless of their size or sector.

Thus, it goes without saying that all businesses have intellectual property, regardless of their size or sector. This could be the name of your business, copyright, designs, patents, and trademarks. Your Intellectual property is likely to be a valuable asset. Securing and protecting it could be essential to your business’ future success. In the other words, Intellectual property often translates directly to monetary gain. If you don’t know how to adequately protect your intellectual property, your business is at risk.

Intellectual property often translates directly to monetary gain.

The importance of protecting your Intellectual property can be more easily understood as follows: if you do not protect it, you will have to risk the losing one of the following:

  1. Branding: Establishing a strong brand is pivotal to business success. Protecting that brand is equally important. The name of your company and its logo are part of the branding that sets your business apart. Elements of your brand, from your company name to your logo can be subsumed and eroded. This can damage perceptions in the market of your quality, products, and reputation.
  2. Products: Unique investments that you’ve made developing technologies may be compromised; only through proper patenting, etc. can you ensure that you control and can market the products you develop.
  3. Ideas and thought leadership: Protecting original contributions to the thinking around your industry can be an important step to establishing your company as a market leader. Copyrights ensure proper attribution of your materials.

As such, there is no doubt that, in a business, intellectual property is everywhere. The name that you choose will be your trademark, even the smallest new process created within your firm may be patentable, and much of the creative work of your employees will be protected by copyright. Protecting your intellectual property rights is protecting your business, so you must claim your intellectual property rights before it’s too late.

Have questions? Talk to an experienced intellectual property attorney today! Contact us.

Definition of a copyright

By Jessica Suotmaa 0

Definition of a Copyright

Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship”, including literary, dramatic, musical, artistic, and certain other intellectual works.  This protection is available to both published and unpublished works.  Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

  • reproduce the work in copies of phonorecords
  • prepare derivative works based upon the work
  • distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
  • perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audio-visual works
  • display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audio visual work
  • perform the work publicly (in the case of sound recordings) by means of digital audio transmission

(17 U.S.C. Section 102)

Who can claim Copyright?

“Copyright protection subsists from the time the work is created in fixed form.  The copyright in the work of authorship immediately becomes the property of the author who created the work.  Only the author or those deriving their rights through the author can rightfully claim copyright.” – 17 U.S.C, Section 201(a)

Term of a Copyright

For works created after 1978, the duration of ownership is for the life of the author(s) plus seventy (70) years after the author’s death.

For works that are anonymous, pseudonymous, or a work made for hire, the period of time is ninety-five years from the date of first publication, or 120 years from the date of creation, whichever is sooner.

Notice of Copyright

The following symbols are used to show copyright:

(c),  © , Copr. or Copyright

Examples:

  • “Copyright 2017 Albert Justin Lum”
  • “Copr. 2017 Albert Justin Lum”
  • “© 2017 Albert Justin Lum”
  • “Copyright © 2017 Albert Justin Lum”

Why Register your Copyright?

Without copyright registration, damages are limited to actual damages.

With copyright registration, one can obtain statutory damages, up to $30,000 per infringement for innocent infringement (“I didn’t know I was violating copyright laws”) to $150,000 per infringement for willful infringement (“Copyright? Who cares!) as well as attorney fees; and injunctive relief.

What does “Work for Hire” mean?

A “work made for hire” is–

  • a work prepared by an employee within the scope of his or her employment; or
  • a work specially ordered or commissioned for use…
    • as a contribution to a collective work,
    • as a part of a motion picture or other audiovisual work,
    • as a translation,
    • as a supplementary work,
    • as a compilation,
    • as an instructional text,
    • as a test,
    • as answer material for a test, or
    • as an atlas,
  • if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
  • For the purpose of the foregoing sentence, a supplementary work” is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an “instructional text” is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.

(17 U.S.C, Section 201(b))

Bottom line, if you hire an independent contractor to create something for you, make sure there is an agreement that whatever is created is made as “work for hire” and the owner of the copyright will be you.

 

Not sure if you should be registering a copyright? Perhaps you’re worried about breaking copyright laws? Read more on how we can help your business with intellectual property!

Example of trademark

By Jessica Suotmaa 0

Definition of a Trademark

The term “trademark” includes any word, name, symbol, or device, or any combination of the above that is

  • used by a person, or
  • which a person has a true intention of using in commerce and applies to register on the principal registry established by this chapter

(15 USC, Section 1127)

Legal professionals refer to trademarks, registered trademarks, and service marks as “marks”.

What are Trademark symbols?

Trademark symbols are notices of trademark ownership. When you see a word, symbol, or picture with a trademark symbol next to it, you know it has been registered in the federal database.

The three types of symbols are:

  1. Registered Mark – R – e.g. Nike’s “Just do it®” has been registered with the U.S. government, so Nike can use the ® symbol with its trademarks.
  2. Trademark – TM – e.g. Starbucks used ™ on their logo while waiting for their redesigned trademark to be approved
  3. Service Mark – SM – e.g. United Airlines’ catchphrase “Fly the Friendly Skies℠” is a good example of a company that provides services using a “service mark”

It’s important to note that companies/brands cannot use the ® symbol until their trademark registration application has been approved by the U.S. government. Pending trademarks should use the ™ symbol.

Ownership and Registration

  • Trademark Ownership – Created by use in commerce.  Ownership is maintained wherever the mark is used in commerce so long as it is used in commerce.
  • Federal Registration – Filed with USPTO – Term of a federally registered trademark – Registration is valid for ten years and is renewable before the expiration of the term.
  • State Registration – File with the California Secretary of State.

Why you should register a Trademark

No Registration – Can only prevent competitors from using a similar mark in a state, or part of state where your trademark was used first.  Governed by state unfair competition laws.  Damages limited to actual damages.

Federal Registration – Can prevent competitors from using a similar mark in all 50 states if competitor did not use the mark before you used your trademark, or before you registered your trademark.  Possible treble damages, attorneys fees and other remedies.  Possible injunctive relief.  Case is in federal court where the infringer has greater difficulty delaying case.

State Registration – Additional evidence of use (instate)

Who should register a trademark?

If you are forward thinking and want to protect your trademark before someone else realizes what a great trademark it is, or a creator who wants to protect their original work/art before someone starts copying it, we can help you protect your intellectual property.

If you’ve already registered intellectual property in the past, but you believe a competitor has infringed upon your intellectual property, we can help you litigate your case.

Have more questions about trademarks? Read more on how we can help your business secure your intellectual property!

Do you have an invention you need to patent?

By Jessica Suotmaa 0

Definition of a Patent

“Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” – 35 USC, Section 101

Definition of an Inventor

“The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.” – 35 USC, Section 100

Patent Rights

A patent gives the patent owner the right to exclude others from making, using, selling, offering for sale, or importing a patented invention for the term of the patent. It does not give the patent owner the exclusive right to make the invention (the invention may be an improvement of another invention, therefore, making it might be affected by another invention).

Term of a Patent

The term of a patent (validity period) is twenty (20) years from the date the application is filed.

 

More on how we can help your business secure your intellectual property!

IP is the sword and shield of your business

By Jessica Suotmaa 0

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols: names, images, and designs used in commerce.

IP is divided into two categories:

  1. Industrial property, which includes…
    1. inventions (patents),
    2. trademarks,
    3. industrial designs, and
    4. geographic indications of source;
  2. Copyright, which includes…
    1. literary and artistic works, such as
      1. novels,
      2. poems,
      3. plays,
      4. films,
      5. musical works,
      6. artistic works, such as
        1. drawings,
        2. paintings,
        3. photographs and
        4. sculptures,
    2. architectural designs.

Think of intellectual property as the “sword and shield” against your business competitors. By registering your intellectual property, you’re ensuring your “enemies” cannot take your weapons from you or copy your weapon technology.

 

More on how we can help your business secure your intellectual property!

Small Business Owners: Trademark Your Brand and Grow Your Business

By Jessica Suotmaa 0

Our intellectual property attorney, A. Justin Lum, was interviewed by Steve Thompson, writer of 245 Days to Go, a blog for small business and startup entrepreneurs and Contented Writing.

One of the biggest issues for a startup business is protecting your ideas. Every startup is built on the solid foundation of an idea and the passion of an individual. We can all see a niche in the market or something that has never been tried before. As an entrepreneur, you look to develop what you offer every day so customers can see your product or service and flock to you. This is how success is made.
But without the proper protections in place, you are vulnerable to other businesses and unscrupulous operators. Something needs to be done. Don’t worry – there is help at hand.
American Flag

By Jessica Suotmaa 0

It is very difficult. But it is not impossible, given the right circumstances.  And that is what we do, help our clients to find the right circumstances that would allow them to immigrate to the United States.

 

What are “the right circumstances”?

The U.S. like any country, or individual, looks out for its own interests first, and yet still has a benevolent attitude to immigrants, since the US is itself a land of immigrants. If a foreigner for example, has a world famous reputation as a scientist, an engineer, the US welcomes them as an employee. Or if a person has a skill that is not available in the area in which the alien is living, then his application for a green card may be approved. Or, if an alien wishes to invest $500,000 to $1 mil, they and their family members might also be approved.  This is very popular, and is often referred to as EB-5, or immigration investment.  A person may also immigrate if they are transferred here from their home company in their home country to a subsidiary here in the United States.

Of course, there are certain family relationships that can lead to immigrating to the United States, such as marriage to a U.S. citizen, or being the parent or child of a U.S. citizen, for example.

At the same time the US as I said, can also be benevolent. If an alien was persecuted in their home country, they can apply for asylum or withholding of removal in the US. That means they can either receive a green card or be allowed to remain in the US without worrying about being deported. Or, if the alien has been here for a number of years and has conducted himself properly, no serious crimes, paid taxes, and even better, has immediate relatives who are US citizens or green card holders or if someone has already petitioned for the alien, they would have an even better chance to remain here. There are other forms of relief, some recently put in place, that gives assistance to young people who came here under age 16, or now not older than 31, or what is popular referred to as, “DACA.”

So the question of how can an alien obtain legal US status cannot be answered without getting all the facts that surround the alien. The solution is to consult a knowledgeable immigration law firm, give them all the facts and determine whether or not the alien qualifies.

Our office has handled many of all of these types of cases, whether they are business or family or asylum related applications, or helping others who have overstayed and find themselves in Immigration Court. Our job is to provide answers as to whether or not a person may qualify for any of these categories.

 

(Extracted from a transcript from a radio interview with Albert Lum and A. Justin Lum)

2017 USCIS DACA announcement

By Jessica Suotmaa 0

 

Renew your DACA by Oct 5, 2017

You can renew your DACA if your DACA is expiring between September 5, 2017 and March 5, 2018, but your application must be received before October 5, 2017.
If your DACA is expiring after March 5, 2018, it will be valid until its expiration date. You will not be able to renew it.

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a type of administrative relief from deportation for illegal aliens who had arrived in the United States as children.

DACA gives young undocumented immigrants protection from deportation and work permits. The program was created by President Barack Obama, and is currently being phased out by the new administration.  DACA recipients are sometimes called “dreamers”, stemming from the DREAM Act bill was to provide a pathway to permanent residency for unauthorized immigrants who met certain qualifications.  Congress had considered the act in 2007, but failed to overcome a bipartisan filibuster in the Senate.  The DREAM Act was reconsidered in 2011, passed in the house, but ultimately failed to achieve the sixty votes it needed in the Senate.

A few months after its establishment, DACA rules were challenged in courts and ultimately rescinded. The challenges to the policy trace back to November 2014 when President Barack Obama attempted to expand DACA with the aim of covering additional immigrants. However, multiple states sued to prevent said expansion, which resulted in the expansion being later blocked by the courts.

In response to the court’s decision, the Department of Homeland Security rescinded the expansion earlier this year in June 2017 while continuing to review the existence of DACA as a whole.

In September 2017, the Trump administration began phasing out DACA, giving Congress time for a solution for current DACA recipients.

What does the DACA phase-out mean?

  • New DACA applications have not been accepted since September 5, 2017
  • DACA applications submitted prior to September 5, 2017 are processed normally
  • If your DACA expires prior to March 5, 2018 you are eligible to renew
  • If eligible, you can renew your DACA before October 5, 2017
  • If not eligible (aka your DACA expires after March 5, 2018) it will be valid until its expiration date

If my DACA is valid until March 5, 2018, what should I do?

You should renew your DACA and file your renewal before October 5, 2017. Remember, October 5th is the last date for USCIS to receive your application.

Contact us for more information, or assistance in renewing your DACA!

 

If my DACA is valid until after March 5, 2018, what can I do?

You are ineligible to renew by October 5, 2017. You can wait and see what Congress decides for you, or you can begin looking at your options. What other options do you have? Check out this list by Immi | America or ask Mr. Lum!

 

Ask your DACA question

If you, or someone you know, is a DACA recipient, contact us to find out what you’re next step can be.  We know you’re worried, and we want to help!