Fremont Immigration And Personal Injury Law Blog

Asylum seekers are not illegal migrants

Much has been made of the migrant caravan that is making its way through Mexico and heading for the southern border of California and other U.S. states. It has become a divisive political topic as mid-term elections approach, but the legal issue regarding the status of these people won't be resolved when Election Day comes and goes. The seminal issue on point is the definition of an asylum seeker.

According to legal experts, asylum may be granted to foreigners who have been persecuted in their native country because of race, ethnicity, religion or political opinion or they legitimately fear such persecution. An asylum seeker is very similar to a refugee with one important distinction: A refugee must begin and complete the process for entry to the U.S. from his or her country of origin while an asylum seeker does so at a port of entry to the U.S.

Teens need to avoid risky distractions on the roadways

It is a recognized fact that distracted driving habits kill many teens in California and across the nation each year. In 2015 alone, 1,972 teens died because of distracted driving, and another 99,000 were injured in motor vehicle accidents. Texting or talking are obvious distractions for teens, but other distractions include friends riding in the car, putting on music and eating while driving. Each of the distractions tends to cause drivers to look away from the road.

Inexperienced drivers are also at a higher risk for causing auto accidents. An 18-month study between 2006 and 2008 was conducted with 42 new teen drivers, and it revealed that while their driving skills were being monitored, the teens' driving improved. They were less likely to be involved in auto accidents and avoided risky distractions. However, after the data collection stopped, many drivers became more careless behind the wheel.

Injured while riding as an Uber passenger?

Ridesharing apps have revolutionized the way many people in major cities choose to get around town. Whether you are pressed for time and need to make a meeting, are spending a night out with friends and need a driver or simply do not have a car, Uber’s ability to get a car to an individual almost immediately is a marvel of modern convenience.

It does raise the question of what happens if you are injured in a car accident while riding with Uber, however. This is what you need to know if you are injured while riding as a passenger with Uber.

New immigration policy affects same-sex diplomatic couples

California residents might have read that on Oct. 1, the Trump administration put a policy in place that will require unmarried same-sex partners of United Nations workers and foreign diplomats to be married or lose their visas. People have until Dec. 31 to comply. After that date, they will have 30 days in which to leave the country.

According to the United States mission to the U.N., the policy is part of making sure that its international visa regulations are consistent with U.S. law. Same-sex marriage was made legal in the U.S. by the Supreme Court in 2015, so the U.S. is now demanding that same-sex partners who are granted visas must be married as is the case with opposite-sex partners. However, critics of the policy say it could put some people in danger.

Coming to the USA: Your E1 visa

If you wish to come to the United States for the purpose of carrying out international trade, then you will want to apply for an E1 visa. The E1 visa has strict requirements that you must meet. Once you obtain this visa, recognize that it permits you to participate in business in the United States for a limited period of time.

E1 visas also cover your immediate family members, such as your husband or wife and direct unmarried children. Children must be under the age of 21. If your children come to America with you, they are unable to work legally. However, your spouse can come to America to work legally under your visa.

Agreement will give separated families new asylum hearings

The separation of parents from their children at the U.S. border by immigration officials sparked outrage in California and internationally. Now, according to an agreement reached between the separated families' lawyers and the Department of Justice, over 1,000 separated families will have a second opportunity to apply for asylum. According to the text of the settlement, deportation proceedings would be halted and parents who were excluded after the first step of their asylum applications would have another opportunity to seek approval.

People seeking asylum in the United States must show that they have a credible fear for their lives or safety if they were returned to their home country. According to ACLU lawyers representing the separated families, the agreement will help to protect the right to asylum for families in the United States. The lawyers argued that the parents were never able to present their cases fairly or completely due to the separation from their children. This experience of forced separation was traumatizing and made it more difficult to discuss the situation in their home countries; moving forward, immigration officials will have to consider the parent's psychological state.

California may push back school start times

Early school start times are a pretty common thing at secondary schools here in the United States. According to CDC estimates, classes start before 8:30 a.m. in around five out of every six of the nation’s middle and high schools.

However, it could soon be the case that California schools will no longer be allowed to fall into this category. This is because of a bill that California’s legislature recently passed. The bill, if signed into law, would make it so middle and high schools in the state would be banned from starting the school day before 8:30 a.m. The decision of whether or not to sign the bill is now before the governor.

Don't let immigration policy clouds dim hopes

Anyone familiar with the San Francisco area appreciates that fog comes with the territory. For those who desire to come to the U.S., or are already here and hope to bring in family, the fog may serve as something of a metaphor for the current state of the immigration system.

With all the furor over family separations, federal efforts to reduce numbers of alleged undocumented individuals, and trade sanctions, it can be easy to feel that no one is welcome. Those with experience in immigration law, especially in support of those seeking entry from Asia, understand the feeling but also know that opportunities do still exist.

Taking action after an accident involving a truck in California

If you are a passenger vehicle driver, being involved in a collision or accident with a truck can be a very scary experience, and it can, unfortunately, lead to serious injuries or even death. While not all accidents involving trucks are the truck driver's fault, commercial vehicle drivers do have a high standard of driving to uphold because of their training and legal requirements.

If you have suffered damages because of an accident with a truck or another commercial vehicle, there is a good chance that you will be able to successfully file for damages.

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