ICE HOLDS: FAQ PART ONE

Here are some of the most important and most frequently asked questions regarding ICE Holds.  Ice Holds can be a difficult process.  It is important that you know your rights.  If you have any questions and need to speak to an Immigration Law Attorney feel free to contact us.

1.    What is the definition of “I.C.E.” or Ice Hold or Ice Immigration Detention?

In common nomenclature ICE is stands for Immigration and Customs Enforcement.   ICE is the enforcement body or the police force of the federal governments Immigration Department.  They impose the laws that are passed by congress with respect to immigration and protection of United States borders.   Ice Immigration Detentions or Holds for Ice takes place when the enforcement agency of the US Government issues a demand to hold a person in custody.  

2.  Me or my loved ones or friends are under an ICE HOLD, What are the consequences of this action by the Federal Government?

ICE holds are basically holds for the matter of an Immigration Violation.  ICE or Immigration and Custom Enforcement asks state law enforcement agency by a written demand to hold the person that is under their custody.  This gives local jails the power to keep undocumented immigrants or illegal immigrants, beyond the time they are to be released from custody.

3.  Who or what police agency is able to place me under ICE HOLD? 

There are only two federal enforcement agencies which have the legal authority to place ICE holds; The Immigration and Custom Enforcement (ICE) and or Customs and Border Protection (CBP).  State Law enforcement agencies, like City Police, or CHP, do not have the authority under American Law to issue an ICE hold.  Tribal Nations along the Mexican American Border and their Police departments are also not able to place an Ice hold.

4.  I have been place under hold, what are my rights, what procedures should be done so that the ICE hold is legal?  

There are several steps that must be taken to ensure the civil and constitutional rights of a person held under an Ice Immigration Detention “ICE HOLD”, remember the essential prerequisite for a Hold for Ice is. 

·         The Federal Agency must sent to the jail where the person is held an I-247 Detainer;

·         I-247 requires further detention of a person only until the Federal Agency can attain his custody 

ICE HOLDS can be a traumatizing process to endure. If you or a family member has been placed on an ICE HOLD it is important that you know Your Rights and have someone’s there to Protect Your Rights.  Here at Downtown LA LAW we provide you with ICE lawyers and Immigration Attorneys that will protect your rights.

For a FREE CONSULTATION call us at Downtown LA Law Group  (855) DT-LA LAW.   Of feel free to visit our webpage. 

Some Important Questions Regarding Obtaining a Green Card In the United States:

1.   What is a Green Card?

A Green Card refers to the document received showing that he is a lawful permanent resident of the United States.  A green card is an identification card indicating that the person is a permanent resident.  It is referred to as a green card by many because of was green in color when first issued during the 1940’s through 1964. A green card is issues by the USCIS the U.S. Citizenship and Immigration Services.  The (USCIS) refers to a green card officially as  an I-551 or Permanent Resident Card (PRC).

2. What are some of the way I can receive a Permanent Green Card?

There are several ways once can receive permanent residence status via a green card.

·         Immigration through Family-Sponsoring:  There are several types of legal immigration and permanent residence status through family relationships.  Two of the most prevalent are,  IR: Immediate Relative  F1: Unmarried children over the Age of 21.

·         Immigration and permanent residence  by employment

·         Immigration and permanent residence by investments in the United States

·         Permanent Residence by Lottery

·         Via Refugee or Asylum status

·         Special Immigration Status

Obtaining a green card can be an arduous process.  If you have any legal questions you can speak with Immigration Law attorney that are here to help you in any immigration law question you may have. For a free consultation click here.

3.  I have submitted my application and been approved; How long does it take to receive the physical card?

Once you have been approved for permanent residence it usually take several weeks and up to 2-3 months to receive the actual green card.  In the meantime you will be issued an I-551 stamp on your passport showing that you are in the United States legally. The actual green card will be mailed to you.

4.  What are the my rights and duties under a green card permanent (ie law full permanent residence status)

A green card gives you legal right to live and work in the U.S. permanently. You are able to apply for many federal and state government employments (some are reserved for citizens). Green card holders also receive health, education, and other benefits.

You can also petition for your spouse and unmarried children to receive their own green cards, though they will be classified as "preference relatives," and due to annual limits on such visas, have to wait in line until a visa is available.

You are able to keep your present citizenship in your native country, and you may apply for U.S. citizenship at a later time. That time period is five years for most green card holders, but three years for people who were married to and living with a U.S. citizen the entire time.

Green card holder can lose their status as permanent residence. For example, if the individual commits a crime or violates a law, wilfully fails to advise USCIS of changes of address, or is in any way in violation of Section 237 of the Immigration and Nationality Act (I.N.A.).

For more frequently asked questions regarding Immigration Law and Obtaining a Green Card Visit Our Webpage.

For a FREE CONSULTATION regarding your Green Card Issues Click Here.

H-1B Visa FAQ:

H1B Visa is an employment visa set up under the Immigration and Nationality Act of 1965.  Under United States Immigration Law h1b allow for a temporary stay in the United States by foreign workers. This Frequently Asked questions page is a general reference to answer some of the most frequently asked question regarding H-1B visas.  Here at Downtown LA Law we have hb1 visa attorneys, work visa lawyers and general immigration law attorneys that will assist you in any issues you may have regarding your legal immigration issues.  For a Free Consultation please Call or click here.

1.  What is an H-1B Visa?

H-1B Visa is a visa that allows employers in the United States to temporarily employ workers from outside of the US.  H-1B Visa requires the employment be in a “special occupation”.  US immigration law state a Special Occupation as, “the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education.”

2.  I am an employer and want to hire a foreigner under this Visa.  Is the h1b visa acceptable for the occupation which I want a foreigner to work?

Usually H1b visa are acceptable for

·         Professionals, person with professional degrees that are working in the profession which they received that degree in.  This included, doctors, medical physicians, dentists, structural engineers, chemical engineers, accountants.  Degree’s can be bachelor’s degrees or their foreign equivalents. 

·         Models, foreign models in the fashion industry are given entry to the US via h1-b visas

·         Employers in research and development working for the Department of Defense.

3.  How long is an h1b Visa; what period of time does an hb1 visa last, and can I get an extension?

An H1b Visa is for duration of three years.  An application is able to receive up to an extra three year extension, making the total maximum allowable time for a h1b Visa six years. 

There are two ways one can receive an extension

·         A one year extension by filling a labor certification application and the certification has been pending for at least 365 days

·          Filling and subsequent approval if an I-140 Immigration Petition

Visa attorneys are able to help you receive an extension for a free consultation click here.  

4. Do I have to remain in the same Job (occupation) that the h1b visa was given for?

NO, there is no Requirement under US immigration Law  for the individual to remain in the job the visa was intended for.  H1b visas are portable as long as the employer of the new job files the proper paper work and sponsors a new h1b visas.  Usually employment visa lawyers are appointed to handle such matters.

5.  What taxes do I have to pay if I am employed under h1b Visa? 

Taxation on income earned while under a h-1b visa depends on whether the person is categorized as a non-resident alien or a resident alien.

·         Non resident aliens are only taxed for income on work that was performed in the United States.

·         Resident aliens are taxed for income derived form the US and outside of the county.

6.  How do I know if I am a resident on non-resident alien? And What are the tax forms I need.

The tests that is used by the United Stated Department of Immigration is the “Substantial Presence Test”.   If the person has a substantial presence in the US then he is considered a resident alien of the US.

·         Resident Alien must use income Tax Form 1040

·         Non resident aliens must use Tax Form 1040NR or 1040NR-EZ

·         Note: Some may benefit from Tax treaties the have been established between the US and their country of origin.

7.  Where do I go if I need to get help?

Immigration law in the US and the procedures of immigration can be a highly complication process. Often qualified immigration attorneys are needed to avoid the many pitfalls which may take place.  Employment visa lawyers at Downtown LA Law are here to help.  If you an employer and require a California Immigration lawyers for your h1b Visa application feel free to contact us for a free consultation.  Our attorneys in immigration are here to help. 

What Is an "ICE HOLD" and what are my rights

What Is an "ICE HOLD" and what are my rights

Here are some of the most important and most frequently asked questions regarding ICE Holds.  Ice Holds can be a difficult process.  It is important that you know your rights.  If you have any questions and need to speak to an Immigration Law Attorney feel free to contact us.

1.    What is the definition of “I.C.E.” or Ice Hold or Ice Immigration Detention?

In common nomenclature ICE is stands for Immigration and Customs Enforcement.   ICE is the enforcement body or the police force of the federal governments Immigration Department.  They impose the laws that are passed by congress with respect to immigration and protection of United States borders.   Ice Immigration Detentions or Holds for Ice takes place when the enforcement agency of the US Government issues a demand to hold a person in custody.  

2.  Me or my loved ones or friends are under an ICE HOLD, What are the consequences of this action by the Federal Government?

ICE holds are basically holds for the matter of an Immigration Violation.  ICE or Immigration and Custom Enforcement asks state law enforcement agency by a written demand to hold the person that is under their custody.  This gives local jails the power to keep undocumented immigrants or illegal immigrants, beyond the time they are to be released from custody.

3.  Who or what police agency is able to place me under ICE HOLD? 

There are only two federal enforcement agencies which have the legal authority to place ICE holds; The Immigration and Custom Enforcement (ICE) and or Customs and Border Protection (CBP).  State Law enforcement agencies, like City Police, or CHP, do not have the authority under American Law to issue an ICE hold.  Tribal Nations along the Mexican American Border and their Police departments are also not able to place an Ice hold.

4.  I have been place under hold, what are my rights, what procedures should be done so that the ICE hold is legal?  

There are several steps that must be taken to ensure the civil and constitutional rights of a person held under an Ice Immigration Detention “ICE HOLD”, remember the essential prerequisite for a Hold for Ice is. 

·         The Federal Agency must sent to the jail where the person is held an I-247 Detainer;

·         I-247 requires further detention of a person only until the Federal Agency can attain his custody 

5.  What is the 48 Hour Rule?

·         The 48 Hour Rule:  States can only hold a person for 48 hours.

·         If 48 hours have passed and the transfer of custody from state law enforcement to the federal immigration agents then the person is under a legal right to be releases.

·         But before the release the person arrest must have been cleared of all other criminal charges.

·         NOTE:  If 48 hours have passed and you are still under custody contact an attorney

6.  I am under a Hold for Ice (Ice Immigration Hold), and I want to be releases from custody, how can I get out of prison.

Be aware of your rights here! If you want to be release from custody under an Ice hold you must place a bond, there are two ways to place a bond,

·         Place a bond in the state criminal case that you are that you have been imprisoned for or settle your case with the state district attorney’s office; you must completely finish the sentence that you were given. 

·         Place a bond when you are in the custody of the federal immigration department, you must post an immigration bond.

·         NOTE:  It is vital that you know your rights here, and that you have a choice here. 

7.  The Police is telling me or my family I can’t post a bond, are they Right

NO.  REMEMBER:  You have the right to post a bond when you are under state custody.  Local Police cannot prevent you from posting a bond if that right is available for you.  You do have alternatives available to you.  If this happens be sure to contact an attorney.

8.  I want to place a bond what should I know?

·         You are eligible if you’re not under mandatory detention, if not then you can post a bond

·         A Mandatory detention can be for a crime involving moral turpitude, drug offenses and offense related to drugs, Aggravated felony, firearms offense. 

Understand the Price of a Bond.  Immigration Bonds are given by Bond Companies, the price for a Bond may vary based on any number of factors factors

ICE HOLDS can be a traumatizing process to endure. If you or a family member has been placed on an ICE HOLD it is important that you know Your Rights and have someone’s there to Protect Your Rights.  Here at Downtown LA LAW we provide you with ICE lawyers and Immigration Attorneys that will protect your rights.

For a FREE CONSULTATION call us at Downtown LA Law Group  (855) DT-LA LAW.   Of feel free to visit our webpage.