Arizona Immigration Laws

Business Immigration

Immigrants that come to the United States are very varied people. Some of them have a lot of skill. Some of them, once they get their permanent residency or they get U.S. citizenship, the next thing they want to do is to start up a business. They want to own homes. They want to buy franchises. They want to be part of this big pie. United States is a wonderful country. People want to be here. People want to tell their story. People want to be part of this dream, and so we help them to start companies, advise them on the best structure that they can use, advise them of how to make sure that they keep the company running and running well, and help them actually to grow. Because one of the things that we find is that when immigrants come here and they get their permanent residency or their U.S. citizenship, the next thing is: I want to be like any other United States citizen. I want to be– I want to get to the top. And so we help them to set up businesses, buy franchises.

Setting Up Businesses

We just bought one for some Canadian resident that came to United States, and we did his immigration work, and we got him a (good) place. We’ve done that for so many other companies. And so, setting up businesses for immigrants is one of the things we do. Like I said, the difference between our law firm and other immigration law firms is that we are the immigrant’s lawyer. We are not the immigration lawyer. We are the lawyer for immigrants, taking care of their immigration needs, their criminal defense issues should the arise, their tax issues if they have tax problems, their business issues. So it’s a shop that helps the immigrants come into United States, stay in United States, succeed in United States, and make a difference in United States.

By: Solomon Kanu

We have nationality traits. Like the Russians, the Ukrainians, they’re very different from the Philipinos because of the high and the different fraud level. The level of fraud is different. Nigerians is very different from Sudan, very different from South Africans, and it’s very different from Kenyans, Afghanistans, Pakistans. So it’s all different.  Like the fall of the Shah in the 80s and 70s. A lot of Iranians come to America. So with that, we did a lot of cases. But then the Marriage Fraud Act came in in 1984, and in ’86, IRCA came in. So all these are new changes, 1990 IMMACT 90, three strikes you’re out, by President Clinton that affected. So we have a lot of new things going in the past 35 years.  I’m also lucky because of the history I’ve been doing. Because once I started out in this practice, we used to have no secretary and one desk, and that’s me.

So I would run to Immigration, run back, because there’s no Xerox machine there. So I would run back to the office, make some Xerox, and run back. But now, immigration is growing. In those days, it’s a very small department of DOJ. In the olden, olden days, it’s with the Labor Department, then with DOJ. Now it’s with DHS, which is Homeland Security.  So some of the interesting cases we have done? We did Tony Pena, Jose Mesa. We did a lot of great tennis players. We did a lot of high-profile. But my pride and joy is really working with the everyday cases.

Each country– in the olden days, it’s quota. It’s priority-based. Now it’s still quota and priority-based– actually, in the olden, olden days, it’s hemisphere: eastern hemisphere, western hemisphere. But in ’94, the Civil Rights Act came in. ’95, the Quota Act came in, both by President Johnson. So people like us– I came in 1969. Actually, Taiwan kids came in ’66, ’65, ’67. And then Hong Kong kids came. And then the PRC came en masse in the past three or four years, because Hillary Clinton, before she resigned or retired from the State Department, really make more tourists and students come from overseas to enjoy our education system, to enjoy our touring, because our country– one of the increasing trade from our country should be from tourism and from education – foreign students – because foreign students pay three-times the school tuition than the in-state pay. Because foreign students have a F1 level, and then the general admission, and then the in-state tuition, which is lower than the general admission in all public schools.

So in the past few years, you see a lot more different countries coming to America on F1s. But about in the ’60s and ’70s, because Nixon and Kissinger did not open up the Far East until ’72 visit, ’78 visit, so en masse, all the Chinese came after ’78. But the Koreans came a lot earlier, because of the Korean War – ’51-’53, the Korean War – so Korea and the Philippines of course. In the Second World War, Philippines is a strong ally of America. That’s why in order to be a great immigration lawyer, you really need to know the world. Read the newspapers. Know the history.

By: Margaret Wong

We have done a lot of cases through the years, because every year we do 4,000 to 6,000 new matters that includes all our consults, our cases around the country, around the world, and all the work permits we got, the deportation, the filings, the asylum, the green cards, the extraordinary.

There are quite a few cases that came back to my mind. One of that is U.S. sitting president, President Obama’s auntie’s case. She’s a woman in the 60s. I met her right before the election of the president, and because of the press– I mean, at that time we don’t know if he’ll win. We are very careful of not letting the public know that I’m working on this case. She’s really an awesome lady. Of course, my partner talked about my firm, or also working with the uncle’s case. Uncle and auntie are so different even though genetically they belong in the same family. Uncle’s a lot more reserved, a lot more– He’s very gentle. Auntie is very more feisty and making sure that things are done right. So it’s two different personalities, and I said through the years, to work with clients you have to work with them on their– because immigration work is very different from corporate or tax.

Because the vision of course is keep them in America, get them a work permit, and get them a green card.   But you also have to work with that person. It’s a very retail, as I said in the industry. It’s not a wholesale practice. It’s a very retail orientated which means that with her, with the public uproar, did we get special treatment? Absolutely no. In fact, it drove me nuts. It’s easier to work on a low profile case than a high profile, because I know all my lawyer, federal friends are watching me. I know the government is watching. I know the right wing, the left wings, they are all watching. In order to be a good lawyer or a great lawyer, you really have to work in the trenches for years, and years as Blackwell said in The Outliers that you have to give them at least 10,000 hours of core competence of hard work. And I’ve done it for 38 years, 36 years.

So but with auntie’s case we won which is– Auntie’s case, it’s difficult because of the pressure, because of the disability, and also because of the law. She didn’t come to America until the 90s. In Immigration work, generally, the older you came to America– I mean, the longer ago you came to America, the better the case is, because laws have since changed. So and I’m the type of lawyer to work it, because I’m not young enough to not know history, but I’m not that old that I forgot.

By: Margaret Wong

Hey, My name is Margaret Wong and I’m an immigration lawyer and I came to America in ’69. I was born and raised in Hong Kong. I went to an all girls, religious school since kindergarten. I came in ’69 with– right at the height of the Vietnam era with the kids in America against the Vietnam War, but never in my wildest dreams that I see what I’m doing now because in ’77 immigration work is not very hot. It’s very much like criminal work, very much like– it’s nothing compared to estate, tax, corporate where all lawyers want to work.

I turned out to be a great lawyer. That’s my passion. That’s my love.  But things really have changed. Years ago the same people don’t use the same lawyers like Middle East people they don’t like to go to Australian lawyer or Arabic lawyer because they their own people are not that people are not that powerful in America. But now things have changed. Because I speak fluent Chinese, we have a lot of Chinese clients coming to us because they just felt I’m one of them.

Also, because I speak the language of a foreign-born because I’m one. I came. I struggled. I was a chambermaid. I was a waitress. I was– you name it, I’ve done it. I cleaned toilets. I’ve done– I’m also the first one– normally the first one who comes into this office, turn on the light. I’m normally the last one to leave the office, turn off the light. It’s really a lot of fun.  Some highlights of this job. When we first started out– because in those day, there’s no 245-I. There’s no three or ten year bar. So people have no papers, they could still get the green card in America. But now they can’t. They have to go back to home country if they were not admitted or inspected or paroled.

To be a great lawyer you really have to know today’s world. You can’t always say, “yeah, but 30 years ago has happened.” Immigration law changes by the day, by the minute, by the hour. The Morton Memo who came out in November of year 2011, 2012. Now he retired and resigned. Homeland Security had mister– Miss Janet Napolitano also resigned. Now we’re working with a new head. These are things that we have to keep up, keep up, keep up.

By: Margaret Wong

Naturalization

Unless you were born in the United States, if you want to become a citizen, most ways would be through naturalization. So, you can naturalize after five years of permanent residency. There are a few exceptions where you are naturalized after three years: if you were married to a U.S. citizen, you got your permanent residency through a U.S. citizen, and you’ve been married to that U.S. citizen for three years. So, in a way we reward you for being consistent in your marriage. People that have served in the armed forces also get that grace to apply for citizenship in three years. But, the biggest hurdle people have in citizenship, is that some people don’t realize that when you have permanent residency in U.S., you’re actually on probation for five years. You can’t do anything. You can’t make any mistakes. You can’t commit crimes. So, when people commit crimes within those years, they run a risk of their permanent residency being taken away. If that doesn’t happen, when they come for citizenship, that is when all those things come out.

Preparing for Citizenship

We want to know who you are, how you’ve behaved, whether your moral character is good enough for us to make you a U.S. citizen. All these issues come up at the time of citizenship. There are questions to be answered. We prep people for that. When people pass my test, they always pass at the immigration level, because I’m very thorough. I want to make sure that you do well, while you’re in my office. I go with people to the interviews. Whether it is a permanent residency interview, or the citizenship interview, I always go with my clients, because I have a stake in what they are looking for. I want to make sure that they do well. I feel happy when they succeed. That way, the money they paid me has value for them, beyond just paying for a lawyer.

Receiving United States Citizenship

So, naturalization is one thing that gives people so much joy. When you look at the last words of our national anthem, it said that this is the land of the free, but is a home for the brave. If you’re going to live in this country, you’re going to have to become brave. That’s why I take people to citizenship interviews, to teach them how important it is to become naturalized citizens. Get to vote, get to be voted for, and do federal government work, live anywhere in the world without any fear of coming back to United States. It is such a glorious step to be a U.S. citizen.

By: Solomon Kanu

Temporary Relief

Executive action is the newest thing that the President has done to help people that are in the United States illegally who have been here since January 1, 2010, and happen to have children here, even one child that is either a U.S. citizen or a permanent resident. It allows them to get work authorization. It allows them to not be deported or be in process of being deported. It allows them to get driver’s licenses and social security number, so we can actually document what they do and how come they drive.So if an accident was to happen, you would know who the driver is and all that. It’s a welcome thing.

DACA vs. DAPA

Initially it was for only the children and we call that one DACA. Now it’s moved to DAPA, so we now have the children and their parents being able to get some relief from deportation. Again, this is not amnesty. It’s just a temporary relief for about three years to allow these people that have been stuck here that are hiding to actually come out and get the relief that the United States offers.

By: Solomon Kanu

Asylum vs. Withholding

Asylum is for people that are running away from their country, coming into United States. And we have a lot of them all the time. Withholding is usually a situation where if the person does not qualify for asylum – and there are so many reasons why they may not qualify for asylum – then we give them withholding of removal, which in our matter was it.

Safety First

We will not send you back to your country until things improve or until we are sure that you will be safe if you went back to your country. We’ve done that many times. One of my favorite cases is for a young man from Guatemala who had been persecuted because of his religion. When he came back to United States, he was detained for months. Eventually we went to court, we were able to persuade the judge that people in his country stopping him from practicing his religion was enough reason for us to keep him here. Even though the government fought very vehemently to send him back, we were able to prevail and he’s still in United States now.

While he was detained, his wife had a baby. The wife, because of her own status, couldn’t even go to see him in jail. We fought very hard until he was released and he went home, reunited with the family. They are very happy now, they are doing very well.

Kanu & Associates

So we do asylum for people. If you are running away, if you are being persecuted because of your sexual orientation, because of your religion, because of your race, because of your political opinion, we are here to help you. We are here to make sure that those your fears, United States actually does understand those fears. I will give you the protection that you deserve.

By: Solomon Kanu

E1 & E2 Visas

The E1, E2 visas are very popular visas for visitors from all around the world. There is a requirement that United States have a treaty with the country where you are applying from, but there are so many countries that United States has a treaty with. You can find that list from my website – www.kanulaw.com. We’ve done E1, E2 for people from Pakistan, from Australia, from Germany. We’ve done E1, E2 for people from Britain and we’ve done E1, E2 for people from so many countries.

Visa Popularity

It’s a very popular visa for people that have money to spend in United States. When they raise these funds, they’re able to create jobs for themselves and create jobs for United States citizens and permanent residents to the extent that their businesses flourish and are doing well. They can stay on that visa for a very long time. There’s actually no end time as long as the business is doing well. It’s a very good visa for people. Canada uses it a lot to come to the United States. Mexico also uses it to come to United States to invest and do their work. It allows people to go back and forth to their home country. It’s a very stable visa for middle income people that have some money to invest in U.S.

By: Solomon Kanu

Executive Action

Well, the executive action that we have now is one that’s just been expanded. The Deferred Action for Childhood Arrivals (DACA) was for children that came to United States when they were less than (16), and initially they couldn’t be more than (31) to qualify.

DACA Expansion

Now it’s been expanded to include their parents, people that came to United States, had children here, they’re stuck here. We know who they are, but we’ve refused to give them a transition to work, or refused to give them driver licenses. We haven’t allowed them to integrate. Even though they came here illegally, the country has benefited by all the work that they’ve done. So the president realized that and said, well why don’t we help these people to get their drivers license. That way we document who they are. That way if you get involved in an accident, you know who was driving the car, rather than someone that you didn’t know who wouldn’t even speak the language that you understood.

Temporary Relief

So the executive action has expanded the scope of what we can do to give people work authorization, driver license, and Social Security numbers. Now this is not amnesty. Deferred Action for Parental Accountability (DAPA) or Deferred Action for Childhood Arrivals (DACA) does not lead to permanent residency. It’s a temporary relief. This is a country of second chances. We give people relief to be able to move them to the next level. So it’s not amnesty. It’s just something that helps them to identify with us, move around, and work legally, and pay taxes. So actually, we benefit by this executive action. This is going to start– for the first one in February, 2014. Then the second one starts in May, and that’s the bigger one for the parents. We have children here that their parents have been in the United States for (25) years, and they still can drive. They can move around. Not only are we helping those parents, We’re also helping their children. whom they cannot take to work, take to school, take the doctor, take to the grocery store. So it’s a very welcome development.

By: Solomon Kanu