About Lum Law Group

With over 80 years of combined experience, Lum Law Group is the go-to practice for every small business owner, startup, or business-minded individual!

By Lum Law Group 0

Today, March 18, 2021 the House of Representatives passed the American Dream and Promise Act. The Act will provide a pathway to citizenship for undocumented immigrants. These include undocumented immigrants brought here as children and for people who are here for humanitarian reasons (Temporary Protected Status, or TPS). The bill excludes individuals who entered the United States after January 1, 2021 (this year). A summary and the full text of the bill can be found at https://www.congress.gov/bill/117th-congress/house-bill/6.

This is a great first step to address the plight of a substantial number of individuals. However, it is still too early to celebrate. The more difficult task is to convince 60 senators to support this Act. The Democratic Party has a simple majority in the Senate, but this doesn’t mean the Senate will pass the Act in its current form. The reality is that if a filibuster is announced by senators opposing the bill, the bill would not be put up for a vote unless 60 senators vote to cease debate (and the filibuster) of the bill. Thus, the bill requires 60 senators’ support the Act. It is also possible the Senate will propose changes to the bill for it to pass.

By Lum Law Group 0

The Supreme Court has made it harder for undocumented immigrant in the U.S. to prevent deportation. In a decision on March 4, 2021, the U.S. Supreme Court, in Pereida v. Barr, held that the petitioner, Clemente Pereida had the burden of proof to show that his conviction for using a fake social security card to get a job was not a crime of moral turpitude. If that burden is not met, then a finding that he has committed a crime of moral turpitude means that he can be prevented from obtaining certain forms of relief, including in his case, cancellation of removal.   An analysis of this decision can be found at

What does this mean? By ruling that undocumented immigrants must prove their violation was not a crime of moral turpitude it puts a greater burden on undocumented immigrants to make sure that if they pled to committing a crime, even a misdemeanor, that the crime not be considered a crime of moral turpitude.

Many individuals believe that if they have been arrested and their criminal offense is negotiated to be a misdemeanor rather than a felony, their immigration status will not be affected. That may not be the case.

What should you do? If you are not a citizen, if you are an undocumented immigrant or if you are a permanent resident (green card holder), or here on any type of work or student visa, and you are arrested for anything obtain counsel before you make any statements to the police (you have that right). Make sure you have a competent criminal attorney and a competent immigration attorney who can work together to make sure that whatever result is determined or is negotiated will not affect your immigration status, if possible.

Of course, if possible, the better course is to stay away from any possible situations (such as drinking before driving, or even getting in the car with anyone who has had a drink) that could affect your immigration status. It’s just not worth permanent inadmissibility to the United States.

I sometimes joke with my clients that as long as they are not a citizen, they must be angels. If they have citizenship and want to commit a crime and go to jail, then the only result (which is still bad) will be they go to jail. If they do not have citizenship, then they will go to jail, be removed and can never return. For people who have been in the United States since an early age and call it home, that is an unacceptable result.

But, if you are unfortunate to be in that situation, then find the right attorneys to legally assist you in trying to prevent an unfortunate result from happening.

Trademarks Containing Generic Words Can Be Registered

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On Tuesday June 30, 2020, the Supreme Court approved the trademark registration of “Booking.com” (Opinion of the Court), a generic term which was ineligible for trademark protection in the past. Booking.com had filed to register its domain name at the US Patent and Trademark Office. The office initially denied the registration, arguing that generic names are not eligible for trademark protection. Booking.com’s victory on Tuesday means the trademarks containing generic words can be registered in the future.

Considering trademarking a generic term for your business?

Contact us at 626-795-8886. Our attorney A. Justin Lum, Esq will help you.

Your Immigration Status and Unemployment Benefits in California during the COVID 19 Crisis

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Your Immigration Status and Unemployment Benefits in California during the COVID 19 Crisis (and can your medical care during the COVID 19 crisis make you inadmissible)

As we are all aware, California is under lockdown and stay safe provisions whereby only essential workers, such as healthcare and supermarket employees, are allowed to work. As a result, our economy has entered a recession with a record number of employees being laid off or furloughed leading to a record number of unemployment claims.

The question is, if I am not a U.S. citizen, can I claim unemployment? Will it affect my ability to become a permanent resident and/or a U.S. citizen even if I can claim unemployment? Does unemployment constitute a public charge under immigration laws?

1. Can I claim unemployment?

In California, in order to claim unemployment, one central question is can you be employed if you were offered a job? If the answer is “yes,” you can receive unemployment compensation.

What this practically means is that you are either a permanent resident (who automatically has a legal right to work), or you otherwise have legal status to work, i.e., have a work permit, although you are not a citizen, or permanent resident. Examples would be asylees, refugees, individuals who have been granted withholding of removal; people awaiting adjudication in Immigration Court who have qualified for a work permit. These individuals have a right to work, but must obtain a work permit to do so.

Therefore, these individuals can receive unemployment benefits. So long as the work permit is valid, they would be able to be employed and therefore can obtain unemployment benefits.

Unfortunately, this also means that if an individual is out of status, even if the individual managed to hold a job despite not having a work permit, she will not be able to make a claim for unemployment because she does not have a legal right to work and could not work in the future.

2. Will receiving unemployment benefits prevent you from becoming a permanent resident or U.S. citizen? No.

In February 2020, this year, the present administration passed a new rule, stating that anyone who is classified as a “public charge” is inadmissible for certain immigration benefits. This includes individuals applying for permanent residence under a relative, or individuals attempting to enter the United States under an immigrant or nonimmigrant status. First of all, the public charge disqualification does not apply to permanent residents applying for citizenship.

Although this blog is not discussing all the ways someone can be classified a public charge, one often misunderstood condition is the use of public money. This can be in the form of Medicaid, food stamps, SNAP benefits, among others. However, what has been determined is that unemployment benefits are not classified as “public money” that would disqualify an individual as a “public charge”. Therefore, those individuals eligible to claim unemployment should do so. Unemployment benefits are not a public charge for immigration purposes.

3. Public Charge and COVID 19 medical care – Medical care under such circumstances is not a Public Charge

As stated above, typically use of services like Medicare would be considered in determining an individual’s inadmissibility as a “public charge”, however, USCIS has stated that any individuals who receiving testing, treatment and preventive care (including a vaccine if one becomes available) for COVID-19 will not be considered in the public charge test, even if the treatment is provided or paid for by one or more public benefits, such as Medicaid, for example. Therefore, medical care paid for by public funds is not a Public Charge where individuals can show medical care was related to COVID 19 testing, treatment, or medical care.

What Can We Help You amid COVID-19 Pandemic?

By Lum Law Group 0
Are you a small business and are having problems with cash flow, meeting payroll, or just dealing with expenses due to the COVID-19 pandemic?   The Small Business Administration (SBA) may be able to help.  Go to sba.gov for more information.
In the meantime if you need help dealing with customers and vendors over payment issues, we can help you.  Please call us at 626-795-8886 and we can set up a phone conference and see how we can help you and your company.
AB 5 independent contractor

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AB 5 and the Independent Contractor

In December 2019, the Governor of California, Gavin Newsom, signed into law Assembly Bill 5, which drastically changes how most businesses classify independent contractors.  A worker is more likely to be classified as an employee instead of an independent contractor. Although the impetus for this law was to give more employment benefits to ride sharing, delivery, and “gig economy” workers, its impact is much more far reaching.  The law codifies a California Supreme Court decision, Dynamex Operations West v. Superior Court of Los Angeles (Dynamex) and alters the application of a 20 year old law.

In essence, there is now a 3-part test to determine if a worker is an employee or an independent contractor (the “ABC test”):  

(A) The hiring entity does not control or direct the performance of work;

(B) The person performs work outside the usual course of the hiring entity’s business; and

(C) The person is customarily engaged in an independently established trade, occupation or business.

If all these 3 conditions are met, a worker may be classified as an independent contractor.  If not, the worker is an employee. Some exceptions have been made to the application of this new law, mostly for licensed professionals, such as doctors, lawyers, real estate professionals, broker dealers, etc.  As stated, although this was intended to target the above mentioned workers, many businesses that have hired independent contractors to do part time work, such as bookkeepers, free lance journalists, etc., would be forced to classify these individuals as employees even though they do not solely work for the business.  The law is new and vague, and there are already legal challenges being raised and amendments and other changes being proposed, but for now employers, especially small businesses, must be even more careful of their hiring practices while the law is interpreted and its parameters are (hopefully) defined in more detail.

See The Daily Recorder – https://www.law.com/therecorder/2019/09/19/ab-5-changing-the-landscape-for-independent-contractor-analysis/?slreturn=20200109121407

Immigration and the Internet

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Immigration and the Internet

We live in interesting times. Our current government appears to be stressing preventing people from abusing our immigration system over helping people to legitimately immigrate, or even visit. As such, people planning on coming to the United States, and visitors and green card holders here in the United States must be aware of their presence on the Internet.

In the latest news, several news outlets are reporting that Immigration and Customs Enforcement of the Department of Homeland Security has purchased marketing information in order to locate phone numbers and individuals whom it suspects are out of status. Here are a few of those reports:

https://www.wsj.com/articles/federal-agencies-use-cellphone-location-data-for-immigration-enforcement-11581078600

https://www.vox.com/recode/2020/2/7/21127911/ice-border-cellphone-data-tracking-department-homeland-security-immigration

Of course, those individuals here should follow U.S. laws regarding immigrant and visitor status. Here at Lum Law Group, with our over 50 years experience, we are doing our best to help individuals and companies here and abroad navigate these waters in these turbulent times to insure they are compliant with the current laws, and to understand their alternatives based on each individual’s circumstances, whether that arises in a family or business setting.

Entry into the US during coronavirus

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As most people know by now, the United States has issued a temporary travel ban on individuals entering the United States, which took effect yesterday (Sunday) at 5 pm. Any U.S. citizens and permanent residents who have been to the Hubei Province (which includes the city of Wuhan) face a 14-day quarantine on return. Any U.S. citizens and permanent residents who have been to China within the past 14 days from their return will be tested at the airport and are asked to isolate themselves for 14 days, subject to heightened monitoring. Foreign nationals who have traveled to China within the last 14 days will be barred entry into the United States, regardless of country of origin. The only exception for foreign nationals is immediate family of U.S. citizens and permanent residents who otherwise have a legal right to enter the United States.

Under U.S. Immigration law “Immediate relatives” are defined as spouses, parents and children under 21 of the U.S. citizen or permanent resident. Assuming this is what the U.S. Government means when it says “immediate family”, only these foreign nationals who have been to China in the last 14 days will be allowed entry in the United States on the conditions set forth above.

What this means is that wives and children under 21 and parents of U.S. citizens and permanent residents can still enter the U.S. under strict guidelines, the same as for citizens and permanent residents. However, they must still have a legal basis for entry, i.e., they have visas or travel documents allowing travel to the U.S.

An important side effect of this is that entering foreign nationals, whether permanent residents or people who can otherwise enter, should under no circumstances withhold information on their travels to China. Health concerns (which are paramount) aside, lying for obtaining an immigration benefit, in this case to avoid quarantine, could result in dire effects to future attempts to enter the United States and/or retain permanent resident status. It will not be worth the risk just to avoid heightened observation or quarantine for 14 days.

Instagram and Fair Use

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In my last blog I talked a little about copyrights and the First Sale Doctrine.  In this blog, I’d like to go back to Copyrights to discuss Copyright law and the Fair Use Doctrine.

Here is the situation:  Instagram, with over 1 billion monthly uses, has become a common place for individuals and companies to post original stories, pictures, and short videos about the life and business.  Let’s use a video as an example. What is the copyright protection to the creator of the video from Instagram? From other users who see the material? Let’s use a video as an example. What if another user reposts the original post?  Reposts the photo to critique? Uses the video outside of Instagram?

Under copyright law, the creator, unless he assigns his rights to someone else, or creates the video as an employee or “work for hire”, is the copyright owner.  But what happens when he posts that video on Instagram? Well first, under Instagram’s terms of service, Instagram receives a lifetime royalty free license for the video.  Thus if a user merely shares the original post, there will not be any copyright infringement by the user.

What if a user takes a portion of the video and puts it in a new post, with commentary about the video, for the purpose of critiquing it?  Under the Fair Use doctrine in copyright law (17 USC § 107), use “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”  Thus, a review of the video would not create an infringement. The idea being that the fair use is designed to give the public some information about that video. This is a clear example of “fair use.”

But what if the video is taken down and then a portion of it is reposted on some other medium? Or a portion of it is taken and reposted on another medium for other purposes, or “repurposed” for comparison to a competitor’s goods?   Well, in such situations, the “Fair Use doctrine” may not be so clear. If the use is clearly for commercial purposes, if there is some gain the person using the video, or part of it, then as you might expect, such a usage would probably be found to be infringing.

So, when seeing material on Instagram, unless sharing other’s posts, limit any uses of other’s materials for a specific purpose as outlined in “Fair Use Principles” above, or better yet, consult an attorney before you consider reposting anyone else’s materials.

copyright first sale doctrine

By Lum Law Group 0

With the explosion of the Internet and the different media outlets, such as Twitter, Instagram, Facebook, Youtube, Tik-Tok, just to name a few, the issues surrounding copyright ownership and rights have come to the forefront. But these also only reflect long time issues regarding copyright ownership. One such issue is what the doctrine of First Sale.

First, one who creates an original piece of art, such as a photograph, painting or statute, or a story or book, owns a copyright to that work. It is created upon the creation of the work. Unless the individual specifically sells the copyright rights to someone, only that individual has a right to make copies of his work. Most people have a general understanding of this.

Where things can get confusing sometimes is when an individual purchases a book, or a poster, or a piece of art. The question then becomes, what can he do with that piece of work? The obvious answer is that if he purchased that item, whether it is a book, poster or piece of art, he can do whatever he wants with it. Display it in his office, at his home, carry it around in his car and show it to his friends wherever he goes. This is covered in copyright law by what we call, the “First Sale” doctrine. Essentially, the holder of the purchased copy of a copyrighted work has the right to do anything he wants with that copy. However, that’s where his rights end as to the copyrighted work.

In one instance, a client has a poster that he used in his own artwork. His use of the poster in his own artwork is perfectly acceptable. He can sell the artwork as well. However, he cannot take photos of the artwork and then display that artwork on flyers or on his website. This is because his rights do not expand to displays of the poster. He does not have the right to advertise the copyrighted work. And in fact, he has repurposed the copyrighted work, or created what is called a “derivative” work. Without authorization, or proof that he purchased the copyright to the artwork, he cannot therefore otherwise display copies of his artwork in any other medium.

So, be careful what you do with Artwork. But what happens if someone posts a copyrighted work on Instagram and hashtags you on Instagram? And you want to repost it? That is a question for our next blog.

Don’t overlook the truth when you talk to an immigration officer

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Always tell the truth to an immigration officer. It seems like a simple rule. But sometimes for whatever reason, someone appearing for an immigration officer gets scared. “If I tell them the truth, then bad things will happen.” There have been situations where clients were truthful, but neglected a fact in an area that they thought would be unimportant. Don’t make that mistake.

Although it is true that if an applicant has been convicted of a criminal offense, it may bar the applicant from entering or remaining in the U.S., but lying to an immigration officer is considered fraud to get an immigration benefit will bar the applicant, and will be a red flag that makes any future entry difficult or impossible. But it’s not just the important facts, but basic facts that an applicant might feel doesn’t matter. For example, not providing a list of any other names you’ve used in the past. It may not matter for your visitor’s visa to not include these items. It may, however, impact a later application for a permanent resident card. Be safe and tell the truth.

If you have questions about your situation, then consult with an experienced immigration attorney before you ever submit anything to immigration that will be part of your permanent record.

Taco Tuesday and The

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So by now you’ve all heard about how a famous basketball player attempted to register a trademark for the term, “Taco Tuesday” and a university attempted to trademark the word, “the”.

Well, the first question is, what is a trademark? People often confuse copyrights, trademarks, and patents. Now although there can be an overlap, each concept is very distinct. A trademark is a word, or a design, that becomes associated with a company’s business; A copyright is an original design, while a patent is a new, or improved product, process, business method or design. So there is some overlap, but for now, let’s just focus on trademarks

A trademark (or service mark) is a symbol or a word or words, a “mark” that is, or becomes distinctive for a product or service. When you see the mark, you think of the business. The “apple” for Apple, Inc., the distinctive “M” for McDonald’s, the phrase “Just do it” for Nike. These are all registered trademarks. They are all distinctive for their companies and the companies’ products or services.

Recently, applications were filed to register “Taco Tuesday” and the word “the”. In both cases, the United States Patent and Trademark Office (USPTO) have denied their applications. It would seem obvious that you can’t register “The” or “Taco Tuesday” given the widespread use of both terms. But that isn’t always the case.

In the case of “the”, a generic term cannot be registered as a trademark, and you can’t get more generic than “the”, except for maybe “a”. The reason why this is not allowed is that since it is used all the time, if THE Ohio State University had a registration, they could literally stop anyone from using the on any shirt anywhere. That just isn’t going to happen.

“Taco Tuesday” is another matter. In fact there are two current federal trademark registrations for Taco Tuesday for restaurant services, only. However, in denying the application the USPTO stated that the mark is considered to be a “common place term, message or expression”. As such, it cannot be registered. The USPTO found it was also too similar to a registration for “Techno Taco Tuesday” in the same category of services. Thus, the term “Taco Tuesday” was registerable at one time, but at this time, it is now to common to be allowed registration.

However, as the attorneys for the applicant for Taco Tuesday have since stated, there can be another motive to file such an application: a statement from the USPTO that the term is commonplace, and therefore not registerable by anyone. Thus, it is likely that this determination would be used by individuals who might face litigation from the trademark holders for Taco Tuesday for restaurant services from attempting to broaden the scope of their own registrations.

Thus, the moral of this is that once you come up with a catchphrase for your business, better to protect it early, and police its use, before it becomes essentially a generic term.

EB-5: Time is Running Out To Invest at Current Levels

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In two months USCIS’s new rules on EB-5 investment go into effect. It is critical that persons who wish to invest to become US permanent residents search for real, viable EB-5 investments before the investment requirement increases from $500,000 to 900,000 for investment in a Targeted Employment Area (TEA), or $1 million to $1.8 million elsewhere.

On November 21, 2019 changes to the EB-5, or Immigrant Investor, program, will become effective. The amount required for an investor to invest will be $1.8 million (up from $1 million) or $900,000 (up from $500,000) in TEA areas. USCIS is changing how a TEA may be determined. This will affect how projects within cities like Los Angeles and San Francisco which can offer EB-5 investors investment at the TEA (lower) investment amount. Some projects that are allowed the TEA designation will no longer qualify. (See https://www.uscis.gov/news/news-releases/new-rulemaking-brings-significant-changes-eb-5-program).

USCIS has also announced that an investor, if approved, retains the “priority date” of his first filed I-526 application, even if he is required to change projects.

It is therefore important for any persons looking to obtain a green card under this program, find a viable project before November 21, 2019 to obtain the lower limits of investment. Investors must be sure that a project and the company/individuals behind the investment are credible.

With over 30 years of experience counseling clients in obtaining visas and permanent residence in the United States through investments, employment and other non-immigrant visas , Lum Law Group can assist you in all of these endeavors.

Lum Law Group can help you to find the best route through lawful immigration procedures. Please contact our office to schedule a free 30 minute introductory meeting.

Use your receipt number and check your USCIS case status online

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Immigration clients often call in for their immigration case statuses, wondering if an attorney has more insight into their USCIS case processing than they do. The truth is that most of the time when they call us, we check their status online.

Back in the day, we would have to make a note of it, call a 1-800 customer service number, hold for an hour or two, and then call our client back with an update.  Today, we can check our client’s USCIS application or petition status while on the phone with them.

We do this so often, we thought we would create a tutorial for those of you who are unfamiliar with the USCIS online status check:

Try it out and tell us what you think!

Now, if your case is well-beyond the USCIS processing times and it still shows an old status (“pending”), then we would send an inquiry on behalf of our client.  Case inquiries used to have to be done by email (they still can be done by email), but now USCIS has created a form submission website for convenience.  Click here to see how USCIS allows you to inquire online.

Did you find that helpful? Would you like to see more video tutorials? Let us know what you think!

Is your EB-5 Investment a SCAM?

By Lum Law Group 1

The U.S. EB-5 Immigrant Investment Program offers foreign investors and entrepreneurs permanent residence (a green card) in exchange for an investment of $1 million (or $500,000 for targeted employment areas) and job creation.  Over the years, EB-5 investment has virtually guaranteed its investors citizenship, even if it cannot guarantee a return on its high-risk investment.  However, recent years have revealed that many EB-5 marketing agencies, EB-5 regional centers, and EB-5 projects were nothing but utopian pyramid and ponzi schemes.

If you didn’t know about the warning…

Every year, the US releases 10,000 visas to EB-5 immigrant investors, but it wasn’t till 2013 that all 10,000 visas were claimed.  Since then, the government has released an official warning to investors regarding the prevalence of EB-5 fraud.  In the warning, the US Securities & Exchange Commission (SEC) reveals a few warning signs investors should steer clear of:

  • guarantees of a visa, green card, or citizenship
  • guarantees of a return on investment (5% in SEC v. Marco A. Ramirez, et al.)
  • promises of “no risk” investment
  • proof of overly consistent returns on investment
  • agencies that promote a business before USCIS has designated it as a Regional Center
  • promises to refund Regional Center administrative fees if the EB-5 visas are denied (SEC v. A Chicago Convention Center, et al.)
  • unregistered investments
  • unlicensed sellers
  • many companies run by a handful of people

If you’re curious about past cases of fraud…

Other well-known EB-5 fraud cases include:

  • USA v. Jennifer Yang, Daniel Wu – Californian (norcal) couple raised $4 million between 2009 and 2016 through the EB-5 visa program by defrauding the gov’t with fake reports, fake employees, etc.
  • Edward Chen, Jean Chen – Californian Chinese-American couple raised $22.5 million through Chinese EB-5 investors and stole more than $12 million, misappropriating more than 91 percent of the investors’ funds, and defrauding the gov’t by issuing leases with fake information.
  • Victoria Chan, California Investment Immigration Fund –  South El Monte-based father-daughter duo raised over $50 million from Chinese investors by submitting over 130 fraudulent EB-5 applications.
  • Jay Peak, Inc. – A ski resort company raised $360 million between 2006 and 2016 for various construction projects that were not realized.
  • Xin “Lisa” Wang, Charles C. Liu – Raised $27 million to build a proton-beam cancer treatment center, but 18 months later it was discovered the funds had just been divided among the agents (Los Angeles, 2016).
  • Emilio Francisco, PDC Capital – Californian (OC) Attorney collected $72 million from investors to fund various projects from coffee shops to assisted living facilities only to divert at least $9.6 million for his personal use.
  • Steve Qi – Alhambra-based attorney sued for pocketing money from both investors and regional centers while fraudulently promoting EB-5 projects based on personal gain.
  • Anshoo Sethi, A Chicago Convention Center LLC – Chicago-based attorney raised over $158 million through over 290 Chinese investors for a hotel project that never took off.

If you’re looking to invest…

The SEC also offers helpful tips as to how to avoid EB-5 fraud:

  • Confirm a Regional Center is on the official list
  • Ask the Regional Center for official USCIS documents, such as the form I-924, and I-924A
  • Ask for a copy of the written investment memorandum
  • Ask if the agents/promoters are being paid
  • Hire a third-party to verify the investment
  • Weight the risk by reviewing the loan documents
  • Confirm if the developers have also invested in the project
  • Confirm a regional center can operate in your geographic location

If you’re worried…

If you have reason to believe an EB-5 investment project is a scam, or a Regional Center, agent, or seller is suspicious, you can report their activities to the SEC here. The SEC typically offers a monetary award to successful whistle-blowers. Scams can also be reported through Immigration (USCIS) or the Federal Trade Commission (FTC).

If you’ve already invested…

The attorneys at Lum Law Group has experienced business litigators with traditional EB-5 and class-action law suit experience.  If you believe your investment qualifies as EB-5 fraud, we can help you. In the end, EB-5 is nothing more than a business contract.

What is an EB-5 Regional Center?

By Lum Law Group 0

The difference between investing directly in an EB-5 project and investing through an EB-5 Regional Center comparable to buying individual stocks and buying a stake in a fund. An EB-5 Regional Center is an organization approved by U.S. Citizenship and Immigration Services that creates a fund and attracts investors to invest in the EB-5 project.  Investors purchase equity stakes in the investment fund, and then the fund either buys equity in the job-creating entity (the EB-5 project) or loans the job-creating entity money.  The job-creating entity uses the EB-5 investment fund to create jobs (and meet EB-5 requirements) indirectly.

Regional Centers are the so-called “middle man” between businesses that want to create an EB-5 project and investors who want the EB-5 investor visa.

As of March 5, 2018, there are 919 USCIS approved regional centers.  Make sure the regional center you are considering is on the registered list before investing in any advertised EB-5 project.  USCIS also conveniently has a list of terminated regional centers.

 

Deportation is not the end

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Deportation has become a source of tears, hardship, and anxiety for many of our clients in recent months.  The new administration has tightened policies, increased the number of ICE arrests, and limited the amount of discretion at the disposal of individual officers. As a result, we have seen an increase in the number of detainees and deportations.  Many have weighed heavily on our minds weeks, or even months afterwards, and we have struggled to communicate effectively the hope we still hold for them.

Yes, there is hope.

Banned from Returning

Each immigration case is different, as it depends on the number of years you are banned from returning to the United States. There are five year bans, ten year bans, 20 year bans, and even permanent bans, which are issued depending on why you were removed and on whether you have a criminal record.  Generally, non-citizens who entered the US illegally without inspection or who overstayed, are unlawfully present in the US.  If you have been unlawfully present for over 180 days, but less than one year, you are banned for three years.  If you have been unlawfully present for over one year, you are barred from re-entering for ten years.

Form I-212

Once deported, you can file I-212 Application for Permission to Reapply for Admission to the United States. You can file the I-121 if you were deported or ordered removed and voluntarily departed. You may also need to file the I-212 if you were previously removed and then re-entered unlawfully, or if you were illegally present in the United States for over one year.  The I-212 should be filed with applicable supporting evidence and the filing fee alongside a visa application.  Supporting evidence can range from family ties in the US to changed country conditions to rehabilitation, depending on your individual reasons for inadmissibility. By submitting the form, you are asking Immigration (USCIS) to overlook your “inadmissibility” (the reason you were deported) and grant you another application that would allow you to re-enter the US (such as a Visa application).

If granted, you are able to re-enter the US and do not have to worry about your previous illegal status.

Form I-601

If you are deemed inadmissible for circumstances other than illegal entry and unlawful stay, then you may need to file an I-601, Application for Waiver of Grounds of Inadmissibility alongside your other applications.  The I-601 Waiver requires you to prove extreme hardship to an immediate family member who is a US citizen or permanent resident.

USCIS has deemed extreme hardship factors to include (but not limited by) health, financial considerations, education, personal considerations, and special factors. Evidence of extreme hardship should be carefully annotated, but keep in mind the I-601 Waiver is a discretionary relief, meaning the officer reviewing your case will interpret your extreme hardship and decide whether to grant your request for waiver.

When preparing to file for I-601, it’s important to note that while you may qualify to apply, there is no guarantee that your application will be accepted.  Your chances of success may be low if you have previously violated immigration law, if you have criminal charges/arrests/convictions, or marriage fraud.  Such circumstances could weaken your application and require proof of more extreme hardship than others.

Re-entering Illegally is a Felony

We cannot stress enough how important it is to re-enter the United States lawfully post-deportation. The reason is that illegally entering the United States is a misdemeanor (8 U.S.C. § 1325), but illegally entering, or attempting to enter, the United States after removal is a felony crime (§ 1325 is 8 U.S.C. § 1326). Your previous proceedings and orders will be “reinstated”, meaning you’ll likely not have a chance to defend yourself in front of an Immigration Judge and you may be permanently barred from entering the US.

 

If you’re unsure as to whether you qualify for any of the above waivers, or if would like to know your chances, talk to an experienced immigration attorney.

Attorney A. Justin Lum, esq

By Lum Law Group 0

Interview with A. Justin Lum, Esq.

Professional interview

Justin Lum: Providing a voice to clients

Justin Lum has spent more than 20 years practicing law. The son of a lawyer, Lum set out to follow in his father’s footsteps. A Chinese American who saw the misrepresentation of fellow Asian Americans, Lum’s father want to change the injustices he saw. It inspired Lum, and he began a career that has now spanned more than two decades.

Lum specializes in intellectual property law and has worked with clients to register more than 100 trademarks. However, it isn’t just intellectual property clients that Lum has worked with during his law career. The fourth generation Chinese American has represented clients in business law and immigration matters.

Recently, Lum sat down to answer a few questions about his career and what drives him as lawyer.

 

Justin, you have over 20 years of experience as a lawyer. Tell me, what made you decide to pursue law?

My father was an attorney. I always wanted to help people. I admired what my father was doing for people. He felt that Chinese Americans and Asian Americans were underrepresented in the legal field, and needed representation. I have tried to follow in his footsteps and follow his guidelines to help our clients to achieve their goals.

 

In 1997, after five years of being a lawyer, you moved out on your own and started a practice. How difficult was it to move away from your father’s firm, and what inspired you to do so?

I wanted to focus primarily on intellectual property at the time I left to start my own practice. It allowed me the freedom to focus and develop better that aspect of my practice.

 

You were able to attend the University of California at Berkeley, but your father’s upbringing in the American south was very different. Did his childhood and the life he lived growing up inspire you in your education?

I would say that the types of difficulties he experienced as a Chinese American growing up in the south where there were already racial tensions, and Chinese Americans were put in the middle of it, inspired me and reminded me that there is still a ways to go for our country to avoid racial inequalities. It has kept me focused to assist those who might otherwise be discriminated or disadvantaged by their status.

 

Lum Law has had numerous success stories over the years. Some of the best result have come in immigration law. Lum and his colleagues have helped clients overcome marriage denial, they have helped clients achieve asylum in the United States and got court decisions based on an interpreter’s mistake in court overturned. Of course, intellectual property was Lum’s reason for starting his law practice, and he has worked hard to achieve success.

 

Tell me about your time running your own practice. What were some of the challenges you faced and the big cases you worked on?

My practice was focused on intellectual property litigation. I had some patent litigation matters that ended successfully for my clients, one in particular in which we were able to end the case for our client, a defendant for patent infringement, on summary judgment after proving the clients’ product could not possibly infringe the patent. We have had many successful cases opposing trademark registrations and defending our own clients’ trademark registrations.

 

In 2011, you founded Lum Law Group with your father and brother. What drove you to reconnect with your dad and build the law firm?

Prior to 2011, I had started to work on some of my father’s litigation and immigration matters to assist him in his practice.  In 2010 we decided that it would be more efficient for us to have one firm, and the idea was, and still is, that my brother and I would take over his practice.  Unfortunately, that plan was altered a bit when my brother became ill and passed away, but the original plan still exists, for me to continue the practice Albert Lum started.

 

As a fourth generation Chinese American and someone who represents the community, how is important is it to represent clients in terms of immigration in the current political climate in the United States? 

It is very important. We are entering a time in which the foundation principles of this country, a land of immigrants with the opportunity to succeed where personal freedom is paramount is being attacked by the very government that should be defending those principles. Rhetoric by our current government looking for an easy “fall guy” is wrongly targeting hardworking immigrants. They need representation from a government that is set on taking away any rights they may have.

 

How difficult is it for individuals to immigrate to the US and is it as difficult for those married to American citizens who want to join them in the country?

Well, it should not be difficult for those applicants who meet the criteria for the various immigrant categories. As long as an applicant meets the respective criteria, his/her case should be allowed. However, recently the government has changed the way in which it adjudicates a case, appearing to put emphasis on the form of an application, rather than the substance of the relationships, and the government appears to be also looking for any reason to deny a case, so long as it has some basis that can be justified. What this means is that it is more important than ever that a professional helps individuals to properly prepare their applications, so that mistakes in preparation that are innocent errors cannot be turned around by the government to become huge barriers to entry or immigration. As attorneys, it is our job to make sure the government understands the client’s status and application so that cases won’t be denied because of miscommunication.

 

Lum is focusing a lot of energy these days on helping startup companies. With the surge in new businesses and small companies, there is a need for information on a number of issues. Lum and his colleagues want to help these businesses become successful and remain within their legal rights.

 

I see that you are representing startups and small businesses currently. How important is it for a company that is just starting out to have a good, experienced lawyer by their side? 

It is very important for a startup company to have an experienced attorney as there are many areas that can trip up a firm before they get going. Many times intellectual property issues, corporate tax issues, formation issues need to be worked out early to avoid problems later that could derail a startup before it can start to have positive returns.

 

When asked what what it takes to be a lawyer, Lum is honest in his assessment. It isn’t a way to make a lot of money and become well-known. It is far more important than those simple items.

 

For anyone interested in pursuing a career as a lawyer, what is your advice to them? 

If you want to be an attorney, you should have a passion for assisting others, and a passion to understand the laws, and the fortitude to apply those laws, and understand how they are applied to your clients to help your clients navigate the legal field, whether those clients are private or public clients.

 

After such an illustrious career as a lawyer, what are your plans for the future?

For now, my plans are simply to continue this career. There are still a lot of people that need help.

 

Justin Lum has succeeded in several areas of law. Whether intellectual property or immigration, he and his colleagues have worked to help those people in need of a voice.

Man ready to meet you

By Lum Law Group 0

Over the years, we have had clients who come in worried about everything. They bring in too many documents and overwhelm the attorneys with boxes and boxes of records.  We have also had the opposite: clients who come in with nothing but what’s in their wallets.  Sometimes they don’t bring documents because they don’t have them, and sometimes they were just unprepared.

The attorney will be able to review your case on the spot, instead of having to contact you later to answer the questions specific to your situation. Especially in immigration cases, every client has their own circumstances which need to be taken into account before an attorney can give advice.

To get the best out of your initial consultation with your attorney, follow our handy checklist and come prepared!

 

Checklist - What to Bring to Initial Consultation

To download our Immigration First Meeting Checklist, click here!

Official page for ESTA application

By Lum Law Group 0

The Electronic System for Travel Authorization (ESTA) is for visitors (aka tourists) from qualifying countries under the Visa Waiver Program (VWP) who want to visit enter the US for up to three months.  Where before, such visitors could visit without any prior authorization, now they are required to register to ensure that they “pass” the security test. Many airlines will not board passengers from Visa Waiver Program countries unless they have an ESTA.

The good news is that you can apply for an ESTA in as little as ten minutes, at the airport, from your cellphone, etc. Some airlines will even do it for you at the counter.  It takes little to no preparation to apply for an ESTA, but you do need a VISA/MASTERCARD debit or credit card in order to pay for registration.

Here’s where it can go wrong.  When you’re in a hurry, or struggling to read tiny words off a mobile screen, you don’t have time to read the URLs of the websites you’re visiting.  You probably just typed in “ESTA” on your web browser, or opened Google.Com, and clicked “search”.

Nowadays, the first two or four results on Google are promotional advertisements. These ads will always place above a government website link on Google.  Some websites also hire SEO pros to rank their websites above government websites. Many are duped by them in their USCIS immigration visa applications, or for their ESTAs.

Check that the website you’re on is an official .GOV website. If not, it may not be secure. It may ask you for more than USD $14 for a completed ESTA application.

Here’s a website that charges a USD $83 “processing fee” in addition to the $14 ESTA registration fee:

This is not an official website

Notice how it reads “FREE” eligibility test? You don’t need that. If you click on the green button it’ll take you here:

This is why you should always read the fineprint

This website takes advantage of people who are stressed, in a hurry, using a preparer (like a airline employee who doesn’t never better), and people whose first language is not English. It even ranks second on Google search:

This Google search is in Finnish

We have heard people complain about being charged $65 for a last minute ESTA application at the airport. Don’t let that happen to you! Be warned and be prepared.