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When you have been pulled over and are suspected of drunk driving, you could be asked to provide a breath sample. Misconceptions exist about what your rights are and what these types of tests are. Misunderstandings can lead to more problems, especially if you are facing DUI charges in California ...

This comment is dedicated to a special procedure in removal proceedings known as Biometrics appointment in Defensive Asylum cases (known as Fingerprints in various communities). Background: Defensive v. Affirmative Asylum  There are two ways an asylum case can be processed in the United States:...

Due to significant backlog of processing work permit renewal applications, the USCIS starting issuing 540-day automatic extension as a temporary measure.  This temporary measure is expiring soon.  On Oct. 26, 2023, the USCIS will no longer be issuing the automatic 540-day extension.  USCIS will r...

Circumventing Lawful Pathways ("CLP") Rule CLP or as commonly referred to as asylum transit ban has been finalized and in full effect.  As of May 17, 2023, the rules has not been stayed by any federal court, although a lawsuit has been filed in California.  There is a lot of misinformation and u...

What is a Motion to Reopen? A motion to reopen a final removal order is an important tool that immigrants can use in their immigration cases.  It allows these individuals to ask either the immigration judge (IJ) or the Board of Immigration Appeals to consider material and previously unavailable ...

Presenting initial evidence  update evidence over the years evidence before merits hearing 

If you either migrated to the United States or adjusted your status within the United States through Marriage to a United States Citizen ("USC") or Lawful Permanent Resident ("LPR"), you might have been granted a temporary status of Legal resident.  You might have been issued a green card but thi...

Both parents have the right to custody of their child, and that's typically the preference of the courts. The idea is a simple one: each child and parent has the right to develop their relationship. Barring any serious issues like abuse or neglect, child custody is a right both parents have. Dete...

The asylum and refugee program in the United States offers protection to certain people who cannot return to their home countries due to persecution or a well-founded fear of persecution. The qualifications for asylum are stringent. Annual limits on the number of allowable asylum seekers and refu...

Divorce cases have substantial emotional and financial impacts on all parties involved including children.  In our prior post, we created a skeleton guideline on how to start a divorce case.  After the petition have been filed to initiate a divorce case, there are automatic restraining order that are effective and apply to parties to the case.  However, these restraining orders are often overlooked by parties and sometimes, even attorneys.  These restraining orders are written on the second page of the Summons (Form, FL-110). 

In recent years, the use of relocation element as part of asylum analysis has created a mountain of case law and varying interpretations.  In other words, if you are seeking asylum in the United States, you must establish that relocation within the country where you suffered prosecution is not re...

https://www.dmv.ca.gov/portal/file/ab-60-user-friendly-guide-english-pdf/

Due to Covid-19, the Indian government not only restricted travels of foreigners into India but it suspended all tourists and ancillary visas regardless of when obtained.  As of November 2021, a new tourists (paper or e-visa) is required to visit India along with other visas such as medical or bu...

Starting a business from the ground up is quite thrilling and requires substantial amount of work. Use this checklist as your general guide to research and plan further based on your particular business plan. Business Checklist for California The information in this c...

Master hearings in the immigration courts are akin to status conferences.  Like any status conference hearing, Master hearing in immigration courts are used to narrow the issues before the immigration court, set deadlines for filings, provide estimated time for actual trial along with any request...

The State of California's family law areas continues to fail the Punjabi community.  The California law incorporates several protections for spouses trying to dissolve their marriage but these protections fall short when the law is applied to Punjabi families living in California; especially the ...

Religious organizations sponsor several religious employees throughout its existence.  Sponsoring religious employees for a US Visa requires, on part of the organization, to undertake several responsibilities and some are executed under oath while applying for R1 visas for religious employees. Th...

People often turn to lawyers when its too late.  However, hiring an attorney from the outset of your relationship with other people or entities can not only save you thousands of dollars down the road but it can also ensure maximum protection from the outset with clearly defined roles and respons...

Every alien who has a case before an Immigration Judge ("IJ") must make an appearance for his or her hearing.  Failure to appear for a scheduled removal hearing allows an IJ to issue a removal order in absentia (without your presence in court) which will render you deportable from the United Stat...

The Department of Homeland Security ("DHS") must serve aliens in removal proceedings with a Notice to Appear ("NTA").  The NTA is required by statutory command of the United States Congress which requires, among other things, to apprise the alien in removal proceeding of time and place to appear ...

The decision to end your marriage is the beginning of your divorce case.  The process to dissolve your marriage can be very time consuming, expensive, tedious, frustrating, and confusing.  There are plenty of websites on google that offer "cheap" paralegal or other "attorney" like services but th...

Every employer in America is required to have a signed form I-9 on file along with a copy of the document being presented to establish the identity of the employee and his or her authorization to work in the United States.  This week, DHS announced the following changes to Form I-9: 1. When empl...

There are numerous ways by which ICE can detain a person such as by collaborating with local law enforcement agencies, employment checks, immigration raids, port of entries or based on criminal detentions.   Having your loved one in ICE custody is nerve wrecking and little information i...

Accidents can happen to any driver, even if you drive cautiously. The initial impact leaves people in dismay and often people report being dizzy, confused, or just shocked in general. Call 911 for Medical Help After you have process the initial shock, it is very important to remain calm and asse...

Every person, whether natural or otherwise, is required to file their taxes under U.S. Law. Due to this obligation, almost every immigrant, whether working with permission or without permission, files their taxes. Most immigrants are not concerned about reporting their income from their country o...