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Month: January 2020

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New Immigration Rule Targets “Birth Tourism”

Topics: Immigration

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[vc_row][vc_column][vc_column_text]Effective last Friday, the Trump administration will now deny tourist visas to pregnant women suspected of trying to give birth in the United States so that their children are American citizens, a practice some call "birth tourism."  The U.S. State Department estimates that thousands of women on non-immigrant visas give birth while in the United States every year.  The new rule will only apply for people seeking a visitor visa (B-1/B-2) from a country not included in the Visa Waiver Program. It has previously been reported that the Trump administration wants to end birthright citizenship, which grants citizenship to anyone born in the country.  The new birth tourism rule is a step in that direction.  Birthright citizenship is enshrined in the 14th amendment of the U.S. Constitution, instituted after the United States Civil War.  In part, the 14th amendment granted citizenship to former slaves.  The applicable text reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." It is not known how immigration officials will identify potential birth tourists.  According to government officials, pregnancy will only be considered on initial visa applications, and pregnant women would still be allowed into the country for legitimate purposes.  It has not been ruled out that women may be directly asked if they are pregnant based on their appearance.  U.S. Customs and Border Protection has indicated that the new rule will not change their operating procedures.  It is unknown what the fallout from this new rule will actually be. See the full news story here. The Law Offices of Scott Warmuth is an immigration law firm that helps its clients legally live and work in the United States.  With all of the recent changes to immigration law, immigrants seeking green cards and citizenship in the U.S. have an advocate on their side.  For a free immigration consultation, call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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Public Charge Rule Can Now Be Implemented

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The United States Supreme Court today ruled 5-4 to allow the Trump Administration's public charge rule to be implemented.  The public charge rule, which could have drastic effects on legal immigration, had been under a nationwide injunction.  The rule is still facing legal challenges, but can now be implemented while the case works its way through the court system.  The rule is still under injunction in the state of Illinois. See the full news story here. The proposed rule changes the definition of public charge to include more popular forms of government assistance, including Medicaid and SNAP benefits.  Any immigrant who has ever used these programs could face a more difficult path to obtaining a green card.  Even without the new rule in place, the Trump Administration has used the existing public charge rule to deny thousands of visa applications. The Law Offices of Scott Warmuth has been monitoring the new public charge rule since it first became rumored in March 2018.  We will continue to stay on top of any new immigration rules and regulations.  For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Happy Lunar New Year!

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]2020, the year of the rat, is upon us!  While typically portrayed as a pest in America, in Chinese culture, the rat is seen as a sign of intelligence, wealth, and fertility.  It is said that when determining the order of the zodiac, the rat tricked the ox into carrying it, jumping off the ox at the end of the procession to become the first animal of the Chinese zodiac.   The next year of the rat will be 2032. The Law Offices of Scott Warmuth wishes everyone a happy Lunar New Year![/vc_column_text][/vc_column][/vc_row]
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USCIS Publishes Immigration Statistics for FY 2019

Topics: Immigration

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[vc_row][vc_column][vc_column_text]United States Customs and Immigration Services (USCIS) has published its final immigration and asylum statistics for fiscal year 2019.  The fiscal year for USCIS runs from October to September, so in the case of fiscal year 2019, the data represent the statistics from October 2018 through September 2019.  The data is, unfortunately, extremely hard to decipher quickly, but USCIS has offered some statistic summaries of note.  USCIS will likely issue a full statistical annual report later this year. According to USCIS, 2019 was a banner year for new United States citizens.  834,000 new Americans were naturalized in 2019, the most since 2008.  U.S. citizenship offers numerous benefits over permanent residency, including protections from deportation and gaining the right to vote.  577,000 foreign nationals are now on the path to U.S. citizenship, as they received their green cards in fiscal year 2019.  After five years of permanent residency (or three years of permanent residency for green card holders married to U.S. citizen), these new green card holders can also apply for U.S. citizenship. USCIS also reported that it received more than 2 million I-765, Application for Employment Authorization forms and approved over 500,000 non-immigrant worker visas, including the H-1B visa.  It also approved over 25,000 visas for victims of crime, human trafficking, and domestic violence. The Law Offices of Scott Warmuth helps people live and work legally in the United States by navigating them through the complexities of immigration law.  We offer free consultations in English, Mandarin, Cantonese, and Spanish.  Speak to an immigration lawyer today!  Call 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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Law Offices of Scott Warmuth to be at Asian American Expo

Topics: Events, From Our Office

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[vc_row][vc_column][vc_column_text]The Asian American Expo will be this weekend at the Pomona Fairplex.  The Law Offices of Scott Warmuth will be at the event supporting the local community and giving away some free stuff and raffling off a Samsung 43" Smart TV!  Come find us in Hall 4 at booth 4620/4621!
Founded in 1982 as a means of gathering the local community together Asian American Expo has seen many changes over the last 30 years. When it first launched, the event was called the Chinese American Expo, with only 60 exhibitors and the simple goal of bringing together local Asian businesses and consumers under one roof. From those humble beginnings, the Asian American Expo has expanded both its reach and its scale.
For more information, visit the Asian American Expo website here. The Asian American Expo is Saturday, January 18th and Sunday, January 19th from 10 a.m. to 7 p.m.  Visitors can enter the fairplex (2705 Fairplex Drive in Pomona) at Gate 17.[/vc_column_text][/vc_column][/vc_row]
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Third-Party Liability in Workers’ Compensation Claims

Topics: Auto Accident, Personal Injury, Workers' Compensation

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[vc_row][vc_column][vc_column_text]Workers' compensation cases are usually pretty straightforward.  Injured workers receive treatment for their injuries and receive a fixed level of financial support from temporary disability benefits, regardless of who is to blame for the incident.  Personal injury cases are less straightforward, with injury victims able to pursue compensation for medical bills, property damage, pain and suffering, and lost wages, but only from the parties considered 'at fault' for the incident.  It is possible for these two types of cases to overlap, often called a workers' compensation claim with third party liability. With a valid third-party liability claim, injured workers can receive immediate medical treatment through a workers' compensation claim while simultaneously pursuing compensation from the at-fault party under personal injury law.  Doing so may increase the overall level of financial compensation the injured worker may receive, but it's important to note one important caveat: compensation awards do not stack.  Any compensation received from the workers' comp insurance company will need to be reimbursed from the personal injury settlement because the insurance company is not legally responsible for your injuries. In a normal workers' compensation claim, your employer is responsible for your medical treatment and disability benefits.  Your employer is legally required to have workers' compensation insurance coverage to pay out those benefits.  But if a third party is responsible for your medical treatment and temporary disability (lost wages), the insurance company is not responsible.  If the insurance company has paid out benefits on your behalf, they will reclaim what benefits were paid out in a process called subrogation.  This is less dramatic than it sounds.  In personal injury cases, after a settlement has been reached, medical bills must be paid.  In a third-party workers' comp claim, those medical bills may have already been paid by workers' compensation insurance.  Essentially, you're still paying for medical bills out of your personal injury settlement, but with a middleman. The Law Offices of Scott Warmuth examines every workers' compensation claim for the possibility of third-party liability.  If there is a valid third-party claim, such as a delivery driver who is rear-ended or an installer tripping and falling over a hazard at a home, our team of workers' comp experts will explain the situation to our clients and pursue personal injury litigation on their behalf.  If you have been injured at work, contact our workers' compensation law firm today.  We offer free consultations, and if we don't win your case our services are free.  Call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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Colleges and Universities Step Up to Defend OPT Program

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The Optional Practical Training (OPT) program is a very popular initiative that allows international students the opportunity to work in the United States after graduation.  A lawsuit brought by the labor union Washington Alliance of Technology Workers seeks to end OPT by arguing that the program flouts immigration laws.  They argue that because OPT was not approved by the United States Congress, it is not valid.  OPT or similar programs allowing international students to temporarily work in the U.S. have been around for decades and is currently managed by the Department of Homeland Security. Late last year, 118 colleges and universities from 29 different states and the District of Columbia of different sizes and curriculum filed an amicus brief arguing that OPT helps American schools attract the best students, researches, and professors from around the world.  Under OPT, international students can work in the United States for up to one year after graduation while remaining on their student visa.  Graduates with a degree in science, technology, engineering, or mathematics (STEM degree) can extend the OPT period on their student visa for two additional years.  Upon the completion of the OPT eligibility period, graduates will need to have secured an employment-based visa or nonimmigrant visa to continue working in the U.S. Read the full amicus brief here. The Washington Alliance of Technical Workers union originally filed a successful lawsuit against the original STEM extension in 2014.  However, the lawsuit ultimately backfired, leading to the current two year extension for STEM students.  Prior to the lawsuit, the STEM extension was only 17 months.  The 24-month STEM extension went into effect in 2016.  The union sued again, leading to the current challenge to the entire OPT program. The Law Offices of Scott Warmuth has been helping international students attend school in the United States for decades.  Upon graduation, we've helped those same students pursue the appropriate visa or green card to live and work in the U.S.  To speak with an immigration lawyer, call our offices today at 888-517-9888.  We offer 100% free immigration consultations.[/vc_column_text][/vc_column][/vc_row]
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CHP Maximum Enforcement Period Ends with 491 DUI Arrests

Topics: Auto Accident, Criminal Defense

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[vc_row][vc_column][vc_column_text]California Highway Patrol (CHP) set a maximum enforcement period over the New Years holiday, resulting in 491 arrests for driving under the influence over a 30-hour period beginning 6:01 p.m. New Year's Eve and ending 11:59 p.m. New Years Day.  More arrests were made per hour over this maximum enforcement period than during last year's New Years period.  The CHP made about 16 arrests per hour over the entirety of the enforcement period.  Last year, 1,140 arrests were made over an enforcement period of 102 hours, about 11 arrests per hour. Of the 491 late 2019 early 2020 DUI arrests, the vast majority were on suspicion of drinking and driving.  CHP identified 34 arrests where drugs or a combination of drugs and alcohol were factors in the arrest.  At least three people were killed in crashes during the enforcement period, but it was not immediately clear if these crashes were caused by drunk or impaired drivers. See the announced statistics from the CHP here. An arrest for DUI can be costly.  A conviction for DUI can result in fines, probation, jail time, and the loss of driving privileges.  Hiring an experienced DUI law firm can help you receive the best possible outcome for your situation.  For a free DUI defense consultation, call our offices today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]