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Feb 06th
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Home Immigration Atty. Kelly O'Reilly

Atty. Kelly O'Reilly

Kelly O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues.  Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (562)207-6789 or he welcomes email inquiries at This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

Naturalization may delay reunification with your child

IN August 2004, Jade, a legal permanent resident, petitioned for her child, John. John was classified under the F2A category as an unmarried child of a legal permanent resident. When the petition was filed, John was only 17 years-old. In March 2007, USCIS approved Jade’s petition for her son. In July 2009, Jade naturalized and became a US citizen. Jade thought that naturalization would not hinder her son’s case. If anything, it would only speed things along.

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Obtaining bond in immigration custody

AT LEAST once a week, someone comes into my office panicking because their spouse or other relative has been picked up and detained by immigration authorities. The relative was arrested and placed in one of the county jails where Immigration and Customs Enforcement detains those with immigration violations.

This can happen in many different ways. The most common situation is where someone is pulled over by police for a traffic violation. If they are driving with no license or are under the influence of alcohol, etc., the officer will place that person under arrest and take them to the police station for booking. Depending on the time of day and how many hours are spent at the jail, it is possible that an ICE officer will be there to take fingerprints. If the prints come back showing that they are undocumented, they will place a “hold” on their record. Once the criminal matter is resolved, ICE will typically take custody and transfer them to a detention site.

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Holiday thoughts of hope

IT IS hard to believe that we will be greeting a new year in less than three weeks. If you are like me, you are in the midst of Christmas-related hustle and bustle, trying to prepare for the holidays and the end of 2011. While it is the season of celebrating and being grateful for what we have, including our families and friends, it is also a season of reflection. Was year 2011 a good year? If I were to venture a guess, I’d say most people would view this year as difficult one, considering the economic problems, “occupy” movements throughout major cities, and political intrigues related to the next year’s presidential election.

But amidst the bleak future, I wish to stress that there is always hope, especially when it comes to developments in immigration law. While a comprehensive immigration reform still remains to be an elusive possibility, there are reasons to be hopeful, especially as we are on the threshold of the New Year. I specifically want to draw your attention to two developments.

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Prosecutorial discretion exists

RECENTLY a client came into my office to discuss his impending deportation case. He had been falsely accused of theft and was arrested. After the theft charges were proven to be false, he was transferred to ICE custody and issued a notice to appear. His family was able to obtain bail and he came to me to determine if any relief existed where he could avoid deportation. He had entered with a tourist visa, but was not married to a US citizen. He was a derivative of a petition from 1994 but had subsequently aged out. This petition afforded him 245i protection, and his permanent resident mother had filed a petition for him in 2006, but several years remained until his priority date would be current. In spite of these favorable factors, he did not qualify for any relief from deportation.

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H1-B cap is reached: Alternatives are available

THE H1-B visa is the most sought after nonimmigrant visa. The H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time. The purpose of the H-1B visa is to give US employers the opportunity to hire foreign professionals if a US citizen or resident is not available. In order for the H-1B visa to be issued, both the employer and employee must satisfy specific requirements. The H-1B visa is limited. The annual limit on H1B approvals is 65,000, with a separate allocation of 20,000 visas for beneficiaries who hold US masters’ degrees or higher. On November 22, 2011, USCIS announced that the cap has been reached even those with advanced degrees. No applications for H1-B application received after November 22, 2011 will be accepted.

Despite the cap being reached, it does not prevent the mobility of current H1-B employees. Therefore, a person currently in H1-B status can change their employers if they so desire. Employers can also hire those already in H1-B status and file new petitions for them. These petitions will not be subject to the cap.

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