Temporary Protected Status Can Adjust Status

Ramirez v. Brown – TPS Recipients Can Adjust Status

On March 31, 2017, the 9th Circuit Court affirmed the District Court’s summary judgement in favor of Jesus Ramirez, who challenged USCIS‘s decision finding him ineligible to adjust status in the U.S. on the ground that he entered the United States without inspection.

The panel found that under Temporary Protected Status (TPS) statute, 8 U.S.C. § 1254a(f)(4), a TPS recipient is deemed to be in lawful status and therefore have satisfied the requirements to become a nonimmigrant, including inspection and admission, for the purpose of adjustment of status. Ramirez v. Brown 14-35633.

The Court found that those who were granted TPS can adjust status in the U.S. under 245(a) — the decision will be published soon.

The court reasoned that those who were granted TPS have been lawfully admitted and can adjust status in the U.S., even if they initially entered without inspection.

In essence, the grant of TPS cures the unlawful entry and allows those who have an in immediate relative such as a U.S. citizen spouse or U.S. citizen child, 21 or older, to adjust status in the U.S. without the need for a provisional unlawful presence waiver. This allows for a 6-8 month process as opposed to a 18-24 month process requiring an exit to an applicant’s home country for consular processing.

If you are currently on TPS or if your home country is listed in the current TPS designation list (see below), schedule an appointment to have your case evaluated.

TPS Designated Countries

  • El Salvador
  • Guinea
  • Haiti
  • Honduras
  • Liberia
  • Nepal
  • Nicaragua
  • Sierra Leon
  • Somalia
  • Sudan
  • South Sudan
  • Syria
  • Yemen

Contact our office if you have immigration questions at (916) 613-3553.


Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Kaushik Ranchod Selected for inclusion into its Immigration Law specialty

PRESS RELEASE
January 25th, 2017

The National Advocates, top 100 immigration lawyers

The National Advocates organization is pleased to announce that Mr. Kaushik Ranchod has been selected for inclusion into its Immigration Law specialty, an honor given to only a select group of lawyers as recognition of their superior skills and qualifications in the field. The selection for this exclusive list is limited to only 100 attorneys per state or region who have demonstrated their extraordinary abilities with superior results, a high level of peer respect and client satisfaction.

The National Advocates is a professional organization comprised of premier lawyers from across the country who have demonstrated exceptional qualifications in their area of the law, including Immigration Law.

The National Advocates believes that, Mr. Ranchod has exemplified superior qualifications, leadership skills, and case results as a legal professional. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Advocates is an essential source of networking and information for attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the lawyers chosen to represent their state.

What to do now, Immigration in a Trump World

At this point in time, no one knows what a Trump presidency will mean for immigrants. What we do know, is what Trump has said throughout his campaign regarding taking a hardline stance against immigrants. Here we have written out some pointers as a sort of damage control for immigrants:

  • We are expecting the mass deportation of individuals who do not have legal status. For this reason, now is a really good time to contact our office to see if there is anything we can do to help you before Trump takes power.
  • Those individuals with DACA (deferred action for childhood arrivals) should contact our office to see if they have any possibility of acquiring a type of permanent status. For example, we might be able to obtain permanent resident status for individuals who are married to U.S. citizens or lawful permanent residents. This is important because DACA is not law, DACA was an executive order by Obama. This benefit could be gone as soon as Trump takes power if he so chooses.
  • If you entered illegally and are in the country illegally and you are married to a lawful permanent resident or a U.S. citizen, you could be eligible for a waiver which would ultimately result in permanent residence in the U.S. It is essential that you contact our office to see if you are eligible and if you are eligible to apply as soon as possible because again, this special type of waiver is authorized by an Obama regulation. Although this is not an executive order, Trump could attempt to revoke this area of law, but it would require that his administration go through an administrative process before the I601a waiver is revoked.
  • Lawful permanent residents should apply for their U.S. Citizenship. This will allow you to vote in the next election and could potentially benefit any relatives who need immigration status as well.

Although no one knows exactly what the future holds, we do know immigration is going to get tougher. We have extensive experience and knowledge precisely in this area of law and we will always be here to fight for our clients, this is our passion and our life’s work.

Interpretation of Natural Born Citizen will determine Ted Cruz’ eligibility as President

The term natural born citizen has never been clearly defined in Immigration Law.

The issue with the Ted Cruz case is whether being born outside the United States to a US Citizen mother disqualifies him as a presidential candidate.

In order to run for president of the United States you must be a natural born citizen.

Read more here: http://www.vox.com/2016/2/18/11058038/ted-cruz-court

If you have questions regarding whether you qualify for citizenship contact us at 916-613-3553 or email us at ranchodlaw.com

ICE Home Raids: What you need to know to protect your Constitutional rights

Recently in the Sacramento and Stockton California area we have observed a sudden increase in immigration raids by Immigration Customs Enforcement.

Created in 2003, U.S. Immigration and Customs Enforcement (ICE) is the agency responsible for enforcing immigration laws inside the United States. Since its inception, ICE has used several tactics to locate and apprehend those suspected of violating immigration laws. ICE tactics range from basic coordination with local criminal justice systems to identify illegal immigrants who have been arrested on criminal charges, to controversial swat-style raids at places of work and private homes. While the agency was criticized for its swat-style raids during the Bush administration, little scrutiny had been focused on the ICE home raids until recently.

On December 23, 2015, The Washington Post broke the news that the Department of Homeland Security was preparing for a series of mass scale raids that would target hundreds of families and unaccompanied minors who had entered the United States the previous year fleeing the violence in Central America. The article estimated that more than 100,000 families with adults and children would be targeted. Since then, media focus has shifted to ICE agents’ use of intimidation, coercion, threats, and sometimes even force to enter people’s homes. Some reports claim ICE has threatened individuals with charges of obstruction of justice if they refuse to open doors and search their home and even lying by claiming they were looking for another individual when they were in fact there to arrest the resident of the home.

The Fourth Amendment of the Constitution protects a person against unreasonable searches and seizure. A person’s home has the highest level of protection when it comes to government intrusions and consequently the government cannot enter without a proper search warrant. The Supreme Court has held that in the absence of consent from a resident-adult[1] or exigent circumstances[2], a search executed without a warrant issued by an impartial magistrate[3] has presumptively violated an individual’s Fourth Amendment rights.

Generally, ICE agents are only in possession of an administrative arrest warrants issued by an immigration official, rather than a judicial or search warrant issued by an impartial judge. ICE’s Detention and Deportation Officer’s Field Manual states that warrants of deportation and removal are administrative and do not grant authority to breach doors[4]. Administrative warrants do not authorize agents to enter homes without consent because they are not issued by impartial magistrates[5]. Consequently, ICE officers must obtain informed consent prior to entering a private residence.

It is your right to refuse permission to enter your home unless agents can present an arrest warrant with your name on it. You can ask agents to put the warrant up to the peephole or to slide it under the door for you to inspect. If agents do not show you a warrant with your name on it, you should keep your door closed and refuse to interact with them. Even if agents present a warrant with your name, you still have the right to remain silent. You can say something like, “I wish to remain silent until I talk to an attorney.” Do not sign anything without first talking to a lawyer as you will likely be presented with an Order for Voluntary Departure.

[1] United States v. Matlock, 415 U.S. 164, 171 (1974).
[2] Michigan v. Tyler, 436 U.S. 499, 509 (1978) (citing Warden v.Hayden, 387 U.S. 294, 298-99 (1967)).
[3] Katz v. United States, 389 U.S. 347, 357 (1967).
[4] “Revisions of Chapter 10 Title and Realignment of the Section, Titles of the Detention and Deportation Officer’s Field Manual,” August 21, 2008 (emphasis added); see also Chertoff Letter, June 2007 supra note 25. See generally See v. City of Seattle, 387 U.S. 541 (1963);
[5] Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1963).

The American Dream, 4th of July and Immigration Law




The Fourth of July (or Independence Day), may have come and gone, but many people are still celebrating the opportunities they have found in the United States. They are celebrating the result of all the hard work they put in, and the long wait they had to endure before being granted a visa, or residency, or even naturalization. For those who immigrated to America, July means not only means celebrating freedom and independence but it’s also a month to celebrate the American Dream, and this month, we’re reflecting on that dream.

For each of us, the American Dream means something a little different. There are people who want to live happy, healthy, and fulfilling lives. Others who want the best education and a job to match. There are those who want to make a difference in their communities, and help others achieve their own dreams. For others still, they want to live in an amazing home, drive a fast car, and live a life they could never have anywhere else. No matter what your dreams are, they all come back to pursuing opportunities that allow us to find what makes us happy.

You may have heard the American Dream has changed. That it isn’t what it used to be or that it’s a myth. The notion of the American Dream has been around for hundreds of years. The idea alone is what brought millions of people to the United States from all over the world — and continues to do so today. The American Dream has changed over time, but from watching our clients and the experiences of so many people, I can tell you the American Dream is real, and people are living it every day.

Those who immigrate to the United States know there is opportunity for them here. If there wasn’t, they would have gone elsewhere. Immigrants are still coming to the U.S., taking risks, leaving loved ones behind, building businesses, practicing medicine, and even creating jobs. Not only are they keeping the American Dream alive for themselves, they are keeping it alive for everyone else who has yet to start the journey.

Immigrants are one of the cornerstones of the American Dream

They helped define it years ago, and through their actions, they have kept it strong. Hard work and determination are two attributes that define so many of our clients. You can even say hard work and determination are part of the American Dream.

Achieving the American Dream is not easy. We say it all the time. Immigrating to the U.S. takes time and resolve. But those who overcome those challenges are often awarded with a certain visa, residency, or naturalization. Their lives change and even transformed for the better.

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Keeping Your Momentum Going





You have set your resolutions for the year. You have goals you want to accomplish. You may have even started working toward your goals—but are you keeping up with them? All too often, we will set our resolutions for the year and then forget about them. Other things come up or get in the way. It happens to everyone. When we get derailed, how we handle it will determine what happens next. Will we let our distractions get the better of us and keep us from our goals, or will we work to get ourselves back to where we want to be?

These setbacks apply to any goal you have set for yourself, not just your resolutions. When you hit a roadblock and something gets in your way, how fast you get back on track—if you get back on track—is the difference between success and defeat. No one wants their goals to be left unfinished, but the reality is they often are. Sometimes we set goals too high for us to reach. Other times we may make excuses for why we weren’t able to get back on track.

At Ranchod Law Group, when we are helping people work through the immigration process, we are constantly setting goals. Our outlook is to succeed, to overcome challenges and roadblocks we face—and I can tell you, there are many. How we handle these problems directly impacts the outcome of our results.(*)

When we’re working with US government agencies, it can be a challenge to meet their exact expectations. We work to be thorough and to keep nothing from slipping through the cracks, but even then, those agencies may have concerns or want further information. They may ask for completely different documents or information than we initially provided—even when we supplied the correct documentation. It’s not uncommon for the government to issue a request for evidence. In fact, we do not have control. We are entirely reliant on how the government acts and responds. There are times when the government will act irrationally and make the process more challenging. When that happens, we can appeal the case, if the client chooses to.

This is where we create a strategy to answer the RFE’s questions within the short time frame allotted to respond to their concerns. Again, it comes back to how we handle these situations that will determine our success. When we hit that roadblock, we make sure we have a plan in place to get past it.

It’s that kind of planning that makes all the difference. When something unexpected gets in the way of your goals, having a plan to get through it will keep you from straying. You may have set a resolution to get more physical activity. You are going to the gym three times a week. Your goal is to stick to your regimen and get into shape. What do you do when you have another appointment on one of your gym days? Do you skip the gym? Of course not! You go at a different time and you make sure you stick to your three days a week. With that kind out outlook, you will accomplish your goals and see success, and you will be able keep your momentum going through the rest of the year!

Before I leave you this month, I want to let you know about our YouTube channel, which you can find at www.youtube.com/user/RanchodLawGroup. We have uploaded dozens of helpful videos just for you. Our videos cover everything from immigration tips to details about specific immigration documents. They are perfect for anyone going through the immigration process or family members who would like more information. We update our videos regularly, so be sure to stop by every few weeks for new and important insights into the immigration process and to see how we can help.

*Case results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

(*) Case results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter –

Exciting New Immigration Changes with Obama’s Executive Order





President Obama announced a series of executive actions which will help many individuals including some of our current clients. It is important to note that none of the changes take effect immediately. The effective date for each change will be announced later.

Some of the changes include:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years
  • Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens

Employment based Immigration Changes

  • Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
  • Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status
  • Expansion of optional practical training

These are exciting times in immigration law and we look forward to keeping you informed.
Published by: Ranchod Law Group
















Parole in Place, the solution if you do not have legal status




Exciting Immigration News for Military Families

Parole in Place could be the solution for you if you do not have legal status

In November 2013, U.S. Immigration issued a policy memorandum regarding the parole of spouses, children and parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve.

How will my family member benefit from parole?
During any period of parole your family member will be able to live and work legally in the U.S. Your family member will be able to obtain a work permit, a social security number, a license, and to be able to travel outside of the U.S. with permission. Parole is authorized for one year with extensions granted in one year increments.

Who qualifies?
Spouses, children and parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve.

How does my spouse, parent, or child apply?
Your attorney will prepare all forms on your relative’s behalf and will need to submit the following as proof:

  • Two identical, color, passport style photographs of the applicant;
  • Evidence of the family relationship between the applicant and you (the military or former military personnel) for example, a marriage certificate or birth certificate as applicable;
  • Evidence that you are an Active Duty member of the U.S. Armed Forces, in the Selected Reserve of the Ready Reserve or proof that you previously served in the U.S. Armed Forces or the Selected Reserve or the Ready Reserve such as a photocopy of both the front and back of the service member’s military identification card (DD Form 1173);
  • Evidence of any additional favorable discretionary factors that the applicant wishes to have considered like letter of reference, proof of educational or professional accomplishments, or community service.

After the grant of parole, what is the next step?
Depending on your relative’s specific immigration and criminal history your relative may be able to apply for lawful permanent residency (a greencard). Eventually, lawful permanent residency can lead to U.S. Citizenship.

Please contact us today at (916) 613-9553. We have extensive experience dealing with the particular immigration needs of military personnel and their families and we are sensitive to your unique circumstances. We have offices conveniently located in Sacramento and the Bay Area (Santa Clara and San Francisco) but we help clients all over the U.S. and abroad. Even if you have to move regularly for your military commitments we can still help you and your family. Contact us at (916) 613-3553.

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Published by: The Ranchod Law Group