Atty. Robert Reeves

Sharing the Truth and Shattering Stereotypes About Immigrants

Sunday, 02 November 2008 20:13 Atty. Robert Reeves & Jeremiah Johnson

(2 votes, average: 4.50 out of 5)

Historically, immigrants have been burdened with a disproportionate amount of blame for many of society’s problems based on false assumptions and stereotypes—immigrants take jobs away from hard working native-born Americans; drain America’s health care and educational resources; and increase our criminal rates. However, time and time again these stereotypes have proven false. Numerous independent studies have confirmed that immigrants contribute to the overall health of our economy, do not strain our health care system and are less likely to commit crimes or be behind bars than native-born Americans.

Most recently, a California study by the Public Policy Institute of California confirmed that immigration is not linked to crime. In fact the report appears to indicate that the opposite is true. According to the report, both the rates for incarceration in state prisons and institutionalization show lower rates among foreign-born Californians. Specifically, the report found that native-born men have a institutionalization rate that is 10 times higher that that of foreign born men. Institutionalization not only includes incarceration in prisons, but also in detention in jails, admission to halfway houses and other programs to address criminal activity.

Qualifying for an EB-2 visa with a bachelor’s degree

Thursday, 30 October 2008 00:06 Atty. Robert Reeves & Joseph I. Elias

(1 vote, average: 4.00 out of 5)

There are several employment–based visa categories that allow for immigration to the US. Some categories are more over subscribed than others creating a backlog of several years before immigrant visas can be issued. It is therefore important that an occupation be carefully assessed to determine if it is one that can fit in a category with a shorter wait time.

The employment-based second preference (EB-2) immigrants are typically those who work in highly-skilled occupations that require an advanced degree. Generally, this means one needs a master’s degree or higher for entry into the field, or the equivalent. US immigration law recognizes a bachelor’s degree plus five years of progressively-responsible experience in the field as the equivalent of a master’s degree. Employment-based third-preference (EB-3), in contrast, includes occupations requiring no experience up to a bachelor’s degree with some experience. Because the EB-3 category is substantially backlogged, we are receiving an increasing number of inquiries on how an employment-based immigrant can obtain permanent resident status more quickly through the EB-2 classification.

Legal residency via reinstatement of waiver for fraudulent entry

Saturday, 25 October 2008 13:04 Atty. Robert Reeves & Jeff L. Khurgel

Earlier this week, the Ninth Circuit Court of Appeals vacated its earlier decision in Orozco v. Mukasey, thereby returning to the long-standing rule that aliens who entered the United States fraudulently are eligible to adjust their status in certain circumstances under section 245(a) of the Immigration & Nationality Act (INA). That is the section of law under which most people adjust status to that of green card holder. A fraudulent entry means entering the US by willfully misrepresenting a material fact.

The E-2 Visa - The Entrepreneur's option  

Thursday, 09 October 2008 11:48 Attorneys Robert L. Reeves and Joseph I. Elias

(2 votes, average: 3.50 out of 5)

 The United States has long been a country that attracts international entrepreneurs. Immigration law provides several mechanisms for investors to place key personnel in the US, including the investors themselves. One option is the E-2 visa category. This is also known as the nonimmigrant investor visa. It is a temporary visa status that is granted in two-year increments with no limits on the number of extensions. In comparison, the H-1B specialty worker is limited to six years, and the L-1A intercompany transferee is limited to 7 years for executives and managers. Also, unlike the H-1B, the E-2 visa holder’s spouse can obtain work authorization for the duration of E-2 status. He or she may then work anywhere in the U.S. The E-2 category is available to citizens of 82 countries that have a treaty of trade or commerce with the U.S. such as Japan, Taiwan, U.K. and the Philippines.  

REPUBLICAN VS. DEMOCRAT: Platforms On Immigration

Wednesday, 01 October 2008 10:35 Attorneys Robert Reeves and Jeremiah Johnson

(2 votes, average: 4.50 out of 5)

These are hard times for Americans, especially for immigrants. The current financial crisis has dominated the media’s headlines and the political discourse among the presidential candidates. And yet during these hard economic times, immigrants continue to wait anxiously for some relief, holding out hope while looking to politicians to provide some much needed reform to a broken immigration system. Despite the recent relative silence from the presidential candidates, Republican Senator John McCain and Democratic Senator Barack Obama, their respective party’s platforms adopted at their national conventions say a lot. In fact, the party platforms mark a clear distinction among the candidates both in the approach to immigration and in the specific recommendation.

Qualifying for an EB-2 Visa with a Bachelor's Degree

Saturday, 27 September 2008 10:11 Attorneys Robert L. Reeves and Joseph Elias  

(1 vote, average: 5.00 out of 5)

There are several employment based visa categories that allow for immigration to the US. Some categories are more over subscribed than others creating a backlog of several years before immigrant visas can be issued. It is therefore important that an occupation be carefully assessed to determine if it is one that can fit in a category with a shorter wait time.

The employment-based second preference (EB-2) immigrants are typically those who work in highly-skilled occupations that require an advanced degree. Generally, this means one needs a master’s degree or higher for entry into the field, or the equivalent. US immigration law recognizes a bachelor’s degree plus five years of progressively-responsible experience in the field as the equivalent of a master’s degree. Employment-based third-preference (EB-3), in contrast, includes occupations requiring no experience up to a bachelor’s degree with some experience. Because the EB-3 category is substantially backlogged, we are receiving an increasing number of inquiries on how an employment-based immigrant can obtain permanent resident status more quickly through the EB-2 classification.

Consequences Of Filing An Ineligible Application

Wednesday, 17 September 2008 09:49 Attorneys Robert L. Reeves and Jeremiah Johnson

Recently the United States Immigration and Citizenship Services (USCIS) stepped up enforcement and political prosecution of immigrants. Individuals and families need to be prepared. Although it may be tempting to try to save money by filing an application for adjustment of status by oneself or by choosing a non lawyer, the price of losing the case is now much higher than the costs of hiring a good attorney. Aliens whose application for adjustment of status is denied may be facing much more than just a disappointment; they now face a removal charge in immigration court.

Congress Proposes Additional Visa Numbers

Wednesday, 10 September 2008 07:39 Attorneys Robert L. Reeves and Joseph I. Elias

The current immigration political climate is both toxic and uncertain. John McCain has said that if he becomes president, he will not push for any immigration reform until the Department of Homeland Security confirms our borders are secure. Also, McCain changed his position on comprehensive immigration reform which would legalize 12 million undocumented immigrants in the United States (US). In fact, McCain recently said he would not vote for the legalization bill he previously proposed.

Barack Obama, in contrast, recognizes that U.S. Immigration laws need to be overhauled. He supports comprehensive immigration reform that includes “a pathway so that [immigrants] can earn citizenship, earn a legal status, start learning English, pay a fine, go to the back of the line, but they can then stay here and they can have the ability to enforce a minimum wage that they're paid, make sure the worker safety laws are available, make sure that they can join a union.”