We are excited to announce the arrival of our first office newsletter: The Landerholm Law Office Quarterly!  For a copy of the first edition, click here.  Let us know what you think!

Obama's speech on Immigration Reform was worth watching - and I recommend it to my clients.  Hopefully congress will be able to come together and actually pass something worthwhile.  - Otis

What is SIJS?
Special Immigrant Juvenile Status was created as a special remedy for children who are in juvenile court or in juvenile proceedings and cannot be reunited with one or both parents. A child who is granted a SIJS petition can adjust their status to permanent residence and becomes eligible for citizenship after the statutory period.

Who is Eligible?
A child is eligible for SIJS if:

1. He or she is under 21 at time the petition is filed;
   
2. He/she is unmarried;
   
3. He/she has been declared dependant upon a juvenile court in the United States; or whom juvenile court has legally committed to or placed under the custody of an agency, department of state, or an individual or entity appointed by a state or juvenile court located in the U.S., and whose reunification with one or both parents is not viable due to abuse, neglect, abandonment, or similar basis found under state law, and
   
4. For whom it has been determined in administrative or judicial proceeding that it would not be in the immigrant child’s best interest to be returned to the child’s parent’s previous country of nationality or last habitual residence. 
   

What More Should I Know?
A SIJS petition has three parts:

1. First, you must work with a juvenile court to create findings that demonstrate that the child is eligible for SIJS;
   
2. Next, you file the application for SIJS;
   
3. Lastly, once the petition is approved the child can apply for adjustment of status and obtain permanent residence.

If you think you may be eligible or have additional questions about SIJS contact us at http://www.landerholmlawoffice.com.

Individuals convicted of simple possession prior to July 14, 2011 and whose convictions were expunged may still be eligible for immigration relief.

If you live in the 9th Circuit (CA, NV, HI, ID, MT, OR, WA, AL, AZ) and have a conviction that has been expunged or dismissed, you may still qualify for many types of immigration relief.

In order to benefit from this exception the following things must be true: (1) the conviction must be for simple possession, (2) you must have no prior convictions under state or federal law, (3) you must not have benefitted from a prior expungement, and (4) the crime must have been committed prior to the 9th’s Circuit’s ruling in Nunez-Reyes (July 14, 2011).

Beginning July 14, 2011 convictions for simple possession are considered a conviction for immigration purposes regardless of whether the charge was subsequently dismissed or expunged - this means that the convictions can bar immigration relief. These later convictions will only be eliminated for immigration purposes if the plea is withdrawn or the conviction is vacated on constitutional, statutory or other grounds.

If you have any questions about your eligibility for this small exception or would like help vacating you conviction feel free to contact us at http://www.landerholmlawoffice.com.

We have recently been getting our first round of DACA approvals from the US Citizenship and Immigration Service, and we would like to congratulate those clients who have won their DACA cases thus far!  Congratulations!

For more on DACA, click here.

The Landerholm Law Office is proud of its new associate Gaby Lopez for passing the California Bar Exam!  Congratulations Gaby - your hard work has paid off.  Welcome to the ranks of attorneyhood!  

Now that president Obama has been reelected we can expect the number of DACA applicants to rise.  Additionally, individuals who have been granted deferred action will likely be able to apply for an extension once it expires in two years.  This is good news for undocumented youth because it may increase the amount of time that they can remain in deferred action, work lawfully, and not accrue unlawful presence.

DACA is a temporary regulation that was put into place by the Obama administration to allow certain individuals to apply for deferred action through the United States Citizenship and Immigration Services (USCIS).

To be eligible for deferred action you must be able to show the following:

1. You arrived to the United States before you turned 16;
   
2. You have resided in the US for the past 5 years;
   
3. You are currently in school, have graduated from high school, or have obtained a GED;
   
4. You have no significant criminal or gang history whatsoever; and
   
5. You are 30 years old or under.
   

 For more information on DACA, and to see if you qualify, go here.