Sacramento Immigration Law Blog

Immigration and Customs Enforcement said today it arrested 3,168 criminal aliens and fugitives in a six-day nationwide sweep in every state including Puerto Rico and The District of Colombia.

The operation dubbed “Cross-Check” included more than 2,834 individuals who had prior criminal convictions. ICE officials noted that 50 gang members and 149 convicted sex offenders were nabbed.

Of the arrests nationwide, 2,834 individuals had prior criminal convictions and at least 1,063 had multiple criminal convictions, including murder, manslaughter, attempted murder, kidnapping, assault with a deadly weapon, armed robbery, terroristic threats, drug trafficking, child abuse, battery on a child, sexual crimes against minors, and aggravated assault.

Of those arrested, 698 were also immigration fugitives who had previously been ordered to leave the country but failed to depart. Additionally, 559 were those who had reentered the country after having been deported. All of the defendants are in ICE custody pending removal proceedings. Among those arrested, 204 individuals have had their cases presented to the Justice Department for criminal prosecution on a variety of charges including illegal-re-entry. Read More »

Although getting a green card through marriage can often be the easiest way to obtain residency for a non-U.S. citizen, approval is not automatic. U.S. citizens applying for a fiancée visa or marriage green card must be aware that immigration officials will scrutinize their applications to ensure that the marriage is legitimate and bona fide, and not for the sole purpose of gaining immigration benefits. The immigration lawyers of Bowman & Associates have significant experience in this area of law and know what documentation the USCIS is looking for. We have successfully handled hundreds of fiancée and marriage immigration cases. Our background and knowledge can guide you through USCIS policies and prevent unnecessary delay and denials due to mistakes.

To obtain a green card, your marriage must be bona fide. This is a lot easier to prove if there is a wedding reception where the U.S. citizen spouse’s parents and relatives are present, where the couple has joint property and files joint income tax returns and especially if the couple has a child together. Read More »

Affecting Sudan and Designation for South Sudan

Current TPS Beneficiaries Also Granted Automatic Extension of Work Authorization

WASHINGTON— Secretary of Homeland Security Janet Napolitano extended the Temporary Protected Status (TPS) designation for Sudan for 18 months. She also designated the new Republic of South Sudan for TPS for 18 months. Both the extension and the new designation are effective Nov. 3, 2011, and will continue through May 2, 2013.

The Department of Homeland Security (DHS) is also automatically extending the validity of employment authorization documents (EADs) issued under the last extension of Sudan TPS for an additional six months, through May 2, 2012. Any individual who has a valid TPS Sudan EAD is covered by this automatic extension, even though USCIS may ultimately register the individual under the South Sudan TPS designation and issue a new EAD reflecting his or her new nationality.

All affected individuals seeking to obtain or maintain their TPS must file their application package no later than April 10, 2012.

During the past year, DHS and the State Department have reviewed the conditions in Sudan and the Republic of South Sudan—a nation that came into existence on July 9, 2011. Based on this review, Secretary Napolitano has determined that an 18-month extension for Sudan is warranted due to the ongoing armed conflict and the extraordinary and temporary conditions that prompted the last TPS designation of Sudan on Oct. 7, 2004. Read More »

Most of my clients that make the initial call are always scared and frustrated by the ICE holds placed on their loved one after they are arrested. For a non-citizen or non-legal resident they must essentially jump through an extra hoop before being released from jail.

It is typical for the family to receive little if not no information on the custody of their loved one. Most families worry the person that is being detained will immediately be deported. This is simply not true. The majority of individuals are deported immediately only if they had prior deportation orders before and have been ordered removed and eventually snuck back to the U.S. Of course there are a few exceptions we will not discuss in this blog. Read More »

Immigrating to the United States with the intentions of improving their lifestyles has been the purpose of many people for years. Immigration laws have become complex and require specific steps and a lot of time in order to be addressed properly. The lawyers at Bowman & Associates, APC, know their way through this complicated system and have helped many clients navigate through it. Regardless of the complexity of your case, our lawyers will review your needs, goals, and options. Contact us today for a free consultation.

For people who do not wish to work permanently in the United States, The Immigration and Nationality Act provides non-immigrant visas. Preparing, filing, and tracking these petitions will be greatly aided by an immigration attorney. Our lawyers have the knowledge in visa petitions including B, E, F, H, J, L, and P types. For any questions or issues regarding non-immigrant visas, contact an attorney at Bowman & Associates. Our lawyers will make sure delays and problems with your case are avoided at all costs.

If you are a United States citizen, your family members and relatives can become U.S. residents through the five categories of immigrant visas for family members. We are dedicated to helping your family to obtain lawful citizenship and immigrant status via the appropriate petitions and applications. If you want your family to live and work in the United States with you, you can trust an attorney from Bowman & Associates to see that it happens. Read More »

A new law in Alabama authorizes police to stop and demand identification from anyone who looks like a possible illegal immigrant. The law also orders public schools to check the immigration status of their students. In Georgia, a new law cracks down on employers who evade federal requirements that they make sure of the citizenship of people they hire.

The Georgia law even overcame the opposition of the state’s powerful agricultural lobby. Farmers now wonder how the crops will be harvested on Georgia farms if illegal workers depart for other locales. And the public anxiety over immigration isn’t limited to the South.

In Massachusetts last week, the state Senate passed a bill similar to the one in Georgia — even as Massachusetts Governor Deval Patrick moved in the opposite direction, joining governors in New York and Illinois in refusing to participate in the federal Secure Communities program that uses local police to check for immigration violations. Read More »

Immigration officials will soon have 1,300 additional beds to house people in Southern California who are suspected of being in the country illegally, according to news reports.

On Wednesday, Immigration and Customs Enforcement officials announced an agreement to set up a detention center in Adelanto to create more bed space, The Associated Press reported. Adelanto is northeast of Orange County.

The latest move is part of an effort by immigration authorities to create more bed space in a region where there is a high demand for detention space.

Last year, immigration officials reached an agreement with Orange County to house about 830 immigration detainees at the Theo Lacy Facility in Orange and James A. Musick Facility near Irvine.

The agreement made Orange County a vital partner in providing bed space for ICE detainees, officials said. Santa Ana has contracted with ICE, providing 200 beds annually since 2006. Read More »

An immigration bond is an amount set by Immigration agents or an Immigration Judge that a person must pay before being released from immigration detention. The bond helps guarantee that the person released from detention will show up for all of his or her immigration court hearings, report to Immigration if asked to do so, and leave the United States if the Immigration Judge orders deportation at the end of the case. If the person bonded out fails to do these things, the bond money is forfeited and the government keeps it.

An immigration bail bond, technically a “surety bond”, is a three-party contract between the Homeland Security, the Obligor (Surety) and co-obligor (Agent), and the Principal (also called defendant, respondant or alien). It is the Surety/ Agent who guarantees to Homeland Security that the alien–when released on bond–will be present for each and every Notice to Appear (NTA) in the future. In turn, the Indemnitor (or co-signer) guarantees to the Bondsman that he/she will make sure that the alien appears when required. For this service, the Indemnitor is charged a bond fee or premium.

When an individual is detained by the Bureau of Immigration and Customs Enforcement (ICE), a branch of the USCIS, it may be possible for an immigration bond to be posted. There are two types of immigration bonds: the delivery bond and the voluntary departure bond.

That said, an immigration bond is a federal bond, versus that of the state, for which you may be responsible for posting when you have been detained and arrested by the bureau of Immigration and Customs Enforcement. This is a lot different than being arrested by your city or other local authorities. In the case of immigration bonds it is the federal government with which you are dealing. As such, Immigration bonds are a form of federal bond and are typically set for detainees held by the US Deaprtment of Homeland Security Immigration and Customs Enforcement (ICE) pending a hearing or court appearance.

Immigration bonds typically require a 15% premium or more, and some form of collateral is generally required. However, they do serve the same purpose as to ensure the defendants appearance in court or by the INS (Immigration and Naturalization Service).

California Immigration Attorneys

The immigration lawyers of Bowman & Associates help clients across California from our offices in Sacramento and Folsom. If you or a loved one have any questions regarding immigration bonds and the immigration process, contact our skilled immigration attorneys for a free consultation. We are here to help!

Victims of domestic violence can be men or women; yet, the U.S. Department of Justice reports that approximately 97% of the victims of domestic violence are women. The National Violence Against Women Survey, which records incidents of violence against women in America, states that 1 out of 4 U.S. women has been physically assaulted or raped by an intimate partner. However, whatever the rate in the general population, the percentage for immigrant women is probably higher. Unfortunately, accurate statistics regarding assaults against immigrant women are difficult to come by because they will not come forth to report abuse.

In 1994 the Federal government enacted a comprehensive “Violence Against Women Act” as Title IV of the Violent Crime Control and Law Enforcement Act of 1994. This act had a useful application in preventing abuse of immigrant women. VAWA allowed victimized immigrants to file their own applications for lawful permanent resident status. Because the woman could self-petition, she no longer had any need to rely on a non-cooperative and abusive spouse. The Act in effect took away much of the power that the batterers held over their wives.

The immigration reforms also did not allow the battered wife to remain in the country if she had arrived on an incorrect visa status, or had overstayed it. This was a disturbing development because some abusive husbands, in an effort to retain control over their wives, knowingly did not submit an I-130 family petition for their wives. Read More »

The Alabama state House of Representative passed an Arizona-style crackdown on illegal immigration on Tuesday, despite opposition from Democrats and civil rights groups.

The measure, which passed by 73 votes to 28 on Tuesday evening, would give state and local police broad powers to check the immigration status of people detained on other charges.

It also would require businesses in the state to run checks on new employees through a federal computer database, dubbed an “E-verify,” and use a state verification program to deny public services to illegal immigrants. Read More »