Law Offices of Jan Joseph Bejar A P.L.C.
Resolving Immigration Problems In An Honest & Responsible Manner

San Diego Immigration Law Blog

Domestic violence reports are down -- but not for a good reason

Reports of domestic violence among Latino residents in California have dropped sharply in 2017 -- but not for any reason worth celebrating.

Reports of domestic violence are dwindling because undocumented victims within immigrant communities are now terrified that asking for police protection could lead to a potentially worse nightmare than the one they're already living:

Steps to follow to become a naturalized United States citizen

To qualify for United States citizenship via naturalization, you're required to be at least 18 years old and to have lived here for five years or more. In the event that you are married to an American citizen, then you can apply at the three-year point instead. Additional requirements that must be met to qualify for citizenship via this method are listed on the N-400 form, also known as the Application for Naturalization.

To get the naturalization process started, you'll need to start by filling out the N-400 and signing it. If you're not yet living in the U.S., then you'll need to also affix two passport-sized photographs to your application. All applicants have to include any documents that help substantiate their case for naturalization as well as any processing fees.

How do you prove you have a bona fide marriage?

How do you prove to immigrantion and Customs Enforcement (ICE) officials that your marriage to a United States citizen is valid and not just for the green card?

When it comes time to file your I-751 petition, which will ultimately move you out of conditional residency and make you a permanent resident, the evidence of your cohabitation and commingled finances are generally the easiest to obtain.

Immigrantion and legal marijuana use: What you need to know

It's no secret that noncitizens are facing tough times in the United States right now and that immigrantion and Customs Enforcement (ICE) officers are taking a hard approach to immigrants whenever there's a question about whether or not something is a deportable offense.

This makes it particularly important to keep the following things in mind when it comes to the use of medical marijuana:

  1. While California has joined the growing body of states that have begun to treat marijuana as a legitimate drug for medical purposes and also allows some recreational use, the drug is still illegal under federal rules -- which govern the world of the noncitizen.
  2. If you are a noncitizen who has a medical marijuana card, you need to be incredibly cautious about carrying it with you. If you are detained or questioned by officers from ICE and they discover that you have a medical marijuana card, they can use it as grounds to deport you even if you have a Visa or status as a permanent resident.
  3. It isn't just the stereotypical immigrant with a minimum-wage job that is being targeted for deportation -- your status and work record won't do anything to help you if you are caught in this trap -- there are numerous reports of successful businessmen with strong ties to the United States who have had their Visas revoked and been permanently barred from reentry based solely on the possession of medical marijuana cards.

DEPORTACIÓN DE GASTÓN CÁZAREZ... "Esto ya estaba planeado"

Jan Joseph Bejar, abogado de Gastón Cázares, hombre que se presentó ante las autoridades de inmigración con la esperanza de recibir un permiso especial debido a la condición de autismo de su hijo y que según su defensa, menos de una hora después fue detenido y enviado a la frontera en un vehículo particular, dijo en NTN24 que "eso ya lo tenían planeado, sabían lo que iban a hacer".

Diversity lottery winners from travel ban countries out of luck

The U.S. Diversity Immigrant Visa (DV) lottery grants immigrant visas to 50,000 people from countries with historically low rates of immigrantion to the U.S. This year, two applicants from Iran and two from Yemen were among the randomly selected winners of that lottery, which was supposed to allow them and their families to move to the U.S. and become lawful permanent residents.

Unfortunately, their dreams of moving to the United States are being deferred -- and that may mean those dreams are denied altogether.

Woman claims miscarriage after being detained at San Diego border

Two Latin American women argue that they each lost their pregnancies after being taken into custody by United States Customs and Border Protection agents since July 2017. In both instances, the women were first detained by border patrol officers, then transferred into the custody of immigrantion and Customs Enforcement (ICE) agents.

As it currently stands, ICE policy is to submit all women detainees to routine pregnancy testing if they are age 56 or under. If a woman is found to be pregnant, agency policy dictates that she is to be released with simple orders to return to immigrantion court for a hearing on the matter. They're reportedly never supposed to be detained, except under the most extraordinary of circumstances.

Will President Trump's travel ban impact you or your loved ones?

There's a saying that the third time's the charm. That seems to be the hope of the Executive branch right now. After major court challenges and enforcement issues with two previous immigrantion and travel bans, the White House released a third travel ban just when certain provisions were about to expire. This new travel ban, announced on Sept. 24, 2017, will take effect on Oct. 18, 2017.

Although the two previous bans faced court battles, there were hundreds of people, including those working for companies in the United States on work visas, who were negatively impacted by attempts at enforcement of these bans. This new ban is likely to have an impact on hundreds, if not thousands, of tourists, travelers and workers who hope to come to the United States in the future.

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