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Immigrants Receive Equal Claim Compensation in California

Topics: Immigration, Personal Injury

Feature
In the latest twist on immigration law in California big changes are happening for personal injury claims. As of January 1, 2017, Assembly Bill No. 2159 ensures that immigrants will not be discriminated against financially during personal injury claims. Prior to this bill’s inception, if an immigrant working in California were to be injured or killed their immigration status would affect their claim in civil actions. This is no longer the case. Learn more about what this means for you.

Personal Injury Claims Go Bust

For the past 30 years, if you were an immigrant working in California and you were injured or killed on the job, your personal injury claim was determined by your citizen status. What this means is you would likely receive far less money in a personal injury claim than US citizens. Say you were to get hurt on the job and you take your claim to civil court. Before AB 2159, you would be reimbursed based on the value of your healthcare in your country of origin. As you can imagine there is a huge discrepancy here.

Proof in the Pudding

Take this example: If you were originally from Guatemala you would be awarded an amount for your medical expenses based on the amount that these procedures would cost in Guatemala. As a result, you would be paid far less money for care and treatment that you are going to receive here in the United States.
Rather than getting enough money to cover your medical expenses here in the United States, you are given enough money to cover your expenses in your country of origin — even though you are getting treated here in the United States.
This is the big issue here. Immigrants who are working and living in the United States legally should be and are provided with protections at the workplace. Part of this is reflected in personal injury suits, such as those presented by OSHA (Occupational Safety and Health Administration). So, if you have legal status as an immigrant you should not receive less money if you are injured or killed while working for a US employer. Fortunately this bill reflects this belief. If you have received less than you should for medical expenses in a personal injury claim because of your immigration status, we want to help you. Give us a call at the Law Offices of Scott Warmuth to learn more or to schedule a consultation.
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How California’s TRUTH Act Protects People Facing Deportation as Illegal Immigrants

Topics: Immigration, Personal Injury

Feature
Out of all the states in the country, California moved first to implement a new law, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, that would help protect people who are accused of entering the United States illegally. Certainly, the topic of undocumented immigration has generated a lot of controversy all over the country. While some people worry that too many illegal immigrants slip into the United States, it's also important to protect people who may have only been accused of entering the country illegally.

How Does California's TRUTH Act Protect Those Accused of Undocumented Immigration?

The governor signed this bill into law late in September. According to Governor Jerry Brown, this measure would help the state adhere to the principles of due process and legal transparency. Most often, this new law has been referred to as The TRUTH Act. These are the significant aspects of the new rules: Officials must advise people facing deportation proceedings that they have the right to consult an attorney before federal authorities may interview them.
  • Police have to give the defendant's lawyer or advocate any information that they supply to immigration enforcement.
  • Officers who detain these immigrants must also advise them that they are not compelled to speak with immigration authorities.
  • Each year, there has to be a public forum to inform the public about the local police's role in the enforcement of immigration laws.
Besides California, some other states and local jurisdictions have similar policies; however, California is the only state that has signed these protections into law.

Why Is Access to Legal Representation Important for People Facing Deportation?

The American Immigration Council conducted a study of over one million deportation cases. The study found a scarcity of access to legal representation for people facing deportation. In addition, legal representation vastly increased the odds of obtaining a favorable court ruling. Furthermore, represented defendants had a much greater chance of getting released from detention. The Law Offices of Scott Warmuth can provide legal advice and counsel for many different kinds of immigration cases. For more information, call the toll-free number: 888-617-9888.

Immigrants Receive Equal Claim Compensation in California

In the latest twist on immigration law in California big changes are happening for personal injury claims. As of January 1, 2017, Assembly Bill No. 2159 ensures that immigrants will not be discriminated against financially during personal injury claims. Prior to this bill’s inception, if an immigrant working in California were to be injured or killed their immigration status would affect their claim in civil actions. This is no longer the case. Learn more about what this means for you.

Personal Injury Claims Go Bust

For the past 30 years, if you were an immigrant working in California and you were injured or killed on the job, your personal injury claim was determined by your citizen status. What this means is you would likely receive far less money in a personal injury claim than US citizens. Say you were to get hurt on the job and you take your claim to civil court. Before AB 2159, you would be reimbursed based on the value of your healthcare in your country of origin. As you can imagine there is a huge discrepancy here.

Proof in the Pudding

Take this example: If you were originally from Guatemala you would be awarded an amount for your medical expenses based on the amount that these procedures would cost in Guatemala. As a result, you would be paid far less money for care and treatment that you are going to receive here in the United States. Rather than getting enough money to cover your medical expenses here in the United States, you are given enough money to cover your expenses in your country of origin — even though you are getting treated here in the United States. This is the big issue here. Immigrants who are working and living in the United States legally should be and are provided with protections at the workplace. Part of this is reflected in personal injury suits, such as those presented by OSHA (Occupational Safety and Health Administration). So, if you have legal status as an immigrant you should not receive less money if you are injured or killed while working for a US employer. Fortunately this bill reflects this belief. If you have received less than you should for medical expenses in a personal injury claim because of your immigration status, we want to help you. Give us a call at the Law Offices of Scott Warmuth to learn more or to schedule a consultation.
WarmuthLaw
Resource Library

New Rule in Favor of Foreign Entrepreneurs Entering the U.S.

Topics: Immigration

Feature
New proposed regulations would make it easier for foreign entrepreneurs who want to start businesses in the United States. Many businesses have been created or co-created by foreign students who were here to study in the United States. The problem for these students, though, is that they often find it difficult to determine how to stay in the US after they have completed their education. Due to their visa requirements, many of them have to return to their home countries instead of staying on US soil, and this means all of their education and skills leave the US as well. Meeting the Initial Criteria to Stay The new regulations would allow certain foreign entrepreneurs to stay in the US, but there would be strict criteria they would have to meet. For the first two years, they would need to show that they have created a startup company in the preceding three-year period, and that startup had significant growth potential. Additionally, $345,000 or more must have been secured from investors or $100,000 in grants from the government. The entrepreneur would have to be active in the company, and would need to have an ownership interest of at least 15%. Staying On After the First Two Years To remain for another three years, the foreign entrepreneur must show that the startup has operated lawfully for the previous two years, and that they still have at least a 10% interest in the ownership of the company. Another $500,000 in funding must also have been secured from investors or through grants, and annual revenue has to be at least $500,000 as well. There can be three co-founders for a startup, and the company must have created at least 10 jobs for workers in the US. Spouses and children could also come to the US under this system, and spouses would be allowed to work. This has the potential to allow foreign entrepreneurs to create many more companies and jobs in the United States. Immigration can feel like a challenging issue, but it does not have to be that way for everyone. To find out more about immigration issues, contact The Law Offices of Scott Warmuth at 1-888-517-9888. With the right legal advocate on your side, you can get your immigration questions answered. It can also be easier to attain the correct immigration status and move toward entrepreneurship or other life goals. By talking to an immigration attorney, you have the opportunity for the best outcome in your particular case and situation. Source http://www.bna.com/draft-immigration-rule-n73014446939/  
WarmuthLaw
Resource Library

Visa Lottery 2018 is NOW OPEN – What you Need to Know!

Topics: Immigration

Feature
Each year, the Department of State provides a visa lottery for a chance to obtain a green card to the U.S., to “diversity immigrants” from countries with historically low rates of immigration to the United States. Can I still apply if I was not born in a qualifying country? For the 2018 visa lottery, people from the following countries are ‘not eligible’ to apply, because more than 50,000 natives of these countries immigrated to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. BUT - There are two EXCEPTIONS in which you still might be eligible to apply.
  • First, if your derivative spouse was born in an eligible country, you may claim eligibility as to that country. As your eligibility is based on your spouse, you will only be issued an immigrant visa if your spouse is also eligible for and issued an immigrant visa. Both of you must enter the United States together using your DVs.
  • Similarly, your minor dependent child can be “charged” to a parent’s country of birth. Second, you can be “charged” to the country of birth of either of your parents as long as neither of your parents was born in or a resident of your country of birth at the time of your birth.
What is the other requirement, if I am from an eligible country? Each DV applicant must meet the education/work experience requirement of the DV program by having either:
  • at least a high school education or its equivalent, defined as successful completion of a 12-year course of formal elementary and secondary education;
OR
  • two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform
When is the application period and deadline? Applicants must submit entries for the DV-2018 program electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2016, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 7, 2016. ONLY ONE ENTRY PER PERSON, OR YOU WILL BE DISQUALIFIED. How can I apply? People can apply online at: dvlottery.state.gov. Registering and being chosen is only the first step.  You must still be eligible for a green card in order to enter the U.S. or adjust your status. Call our immigration attorneys today for more information and to learn about exceptions if you are unsure whether you qualify. Free consultations: 1-888-517-9888.