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VisaSense.com Affiliate

10/7/2016

 
The Davis Legal Center now partners with VisaSense.com to provide even more affordable online visa and immigration help.  This is a great option for K1 visas, marriage green cards, family visas, and adjustment of status applicants who want the security of knowing an expert immigration lawyer is handling their case with the convenience of online representation.  

Contact the Davis Legal Center or visit www.visasense.com for more information.  

Syria TPS Registration Deadline

6/23/2015

 
Monday, July 6, 2015, is the deadline for eligible Syrian nationals (and individuals without nationality who last resided in Syria) who are in the United States to apply for Temporary Protected Status (TPS). 

TPS allows foreign nationals to remain in the Unite States with employment authorization due to temporary conditions in their home country that prevent them from returning.  The Secretary of Homeland Security designated Syria as a TPS country based on the ongoing armed conflict.  Qualified applicants will receive TPS through September, 2016, based on the current designation period.    

You can learn more about Temporary Protected Status by contacting the Davis Legal Center or at the following website: http://www.uscis.gov/news/alerts/initial-registration-deadline-syria-tps-july-6-2015. 

USCIS Not Accepting Electronic I-539

6/17/2015

 
The U.S. Citizenship and Immigration Services (USCIS) has temporarily stopped allowing nonimmigrants to extend or change their status online.  

USCIS stopped accepting electronically-filed versions of Form I-539, Application to Extend/Change Nonimmigrant Status, on June 15, 2015.  Applications filed before that time will not be impacted.  USCIS is using this time to update its electronic filing system to accommodate recent changes to the form.

For now, nonimmigrants who need to extend or change status should file paper versions of the form.  You can find additional information about Form I-539 at the USCIS website: http://www.uscis.gov/i-539. 

How to Prepare an Immigration Application for Submission

8/28/2014

 
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Lawyer Emil Dixon | Featured Attorney Immigration
Davis Legal Center Immigration Attorney Emil Dixon recently published an Avvo Legal Guide on how to prepare an immigration application for submission to USCIS.  You can view the article on the Avvo website or below.

Use the following steps to ensure your immigration application is prepared for submission to USCIS:

1.  Ensure All Immigration Forms are Properly CompletedImmigration forms can be difficult to understand and hard to complete properly. Before preparing your application for submission, ensure you have completed all of the required forms, reviewed them for accuracy, filled them out in the appropriate color ink, and provided an original signature. You may wish to consult with a competent immigration attorney to help you with this process.

2.  Gather All of the Required Supporting DocumentsEach immigration form contains a separate page with instructions. These instructions will tell you what types of supporting documents you must include. It is acceptable to include copies of these documents unless you are specifically asked to provide originals.

3.  Write a Cover LetterWrite a cover letter to accompany your immigration application. A good cover letter will tell the reviewing immigration officer what type of application you are submitting. It will also provide a table of contents to help the immigration officer locate your forms and supporting documents.

4.  Organize Your Application PackageYou can help the immigration officer quickly review your application by presenting it in an organized manner. Start by clipping a check (made out to the U.S. Department of Homeland Security and including the exact amount) for your filing fee to your cover letter and table of contents. Next, include all of your required forms. Finally, include your supporting documents. It is easiest to present your supporting documents in the order requested in the immigration form instructions.

5.  Don't Forget the detailsImmigration officers review many applications each day, so it is helpful if you take a few extra steps to make their lives easier. Start by two-hole punching all of your documents (i.e., cover letter, immigration forms, supporting documents, etc.) and hold everything in place using an acco fastener. You should also include tabs along the bottom of the application to help divide the different portions of the package. This will make it easier for an immigration officer to find your supporting documents. Finally, you may wish to include Form G-1145 as the first page of your application package (not attached using an acco fastener). USCIS will use this form to notify you via text message or email that it has received your application.

Additional Resources

If you have questions about preparing an application package, please contact a competent immigration attorney. You may also wish to review the USCIS General Tips for Preparing an Application for Mailing.


Davis Legal Center Celebrated its First Anniversary

8/14/2014

 
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The Davis Legal Center (DLC) recently celebrated its one-year anniversary in July.  It’s attorney and founder, Emil Dixon, would like to thank his clients and the community for making the first year a great success!  Mr. Dixon opened the office in West Davis to provide immigration and landlord-tenant services to residents in the surrounding communities. 

Since its grand opening, the DLC has provided local residents with free immigration and landlord-tenant law seminars.  Most notably, the center partnered with International House Davis to provide a successful immigration seminar designed to help immigrants who came to the United States before their sixteenth birthdays obtain temporary legal status. 

The DLC also developed partnerships with nonprofit legal services organizations, including the Catholic Legal Immigration Network’s Board of Immigration Appeals Pro Bono Project, to provide free legal representation to immigrants who could not afford an attorney.  The center has stayed actively involved in pro bono work, and its efforts over the past year have brought numerous families together.

Due to the overwhelming support and need for immigration legal services, this anniversary brought a change in DLC’s practice.  The center now solely provides immigration services.  Mr. Dixon indicated that immigration law is one of the most complex areas of the law, so this change will allow him to better serve clients and to further expand the immigration services he provides.  This change also allows the DLC to extend services beyond the local area, so its attorney can now serve immigration clients worldwide. 

Mr. Dixon said, “We are excited for this change and look forward to another great year in Davis!” 

Renewing a Residential Lease

2/13/2014

 
Question: How far in advance can my landlord request that I renew my lease agreement?

Answer: It is that time of the year in many college towns when landlords are requesting that tenants renew their leases for the Fall, even though the existing lease does not expire for another six to seven months.  Many tenants are confused and frustrated by this process and want to know their legal rights.

Unfortunately for tenants in this situation, California law does not place any restrictions on when a landlord can request a lease renewal.  This means landlords can ask tenants to renew their leases as far in advance as they would like unless there is a lease provision that addresses the issue.  Most leases contain a lease renewal provision that states the time frame for renewing the lease and the manner in which the tenant must renew should they choose to do so.  Your landlord must comply with a lease renewal provision, if it exists, and you should be firm in its enforcement.

Moreover, you still have the right of quiet enjoyment in the property even if you choose not to renew your lease agreement throughout the remainder of your lease term, which means your landlord will have to comply with certain requirements when showing the property to prospective renters.  You can read more about this right and the laws governing a landlord’s entry into your rental in our posts below.

Please contact our office if you have any questions about your rights or if you think special rules, such as living in a rental control district, apply.  

Understanding 3-day, 30-day and 60-day Notices

1/28/2014

 
Question: What type of notice is a landlord required to provide a tenant before terminating the tenancy?

Answer: Landlords are often confused about how much notice they need to provide tenants before terminating a lease, but it is important for every landlord to understand this area of the law to protect their legal rights.  Failing to comply with notice requirements will prohibit a landlord from being successful in an unlawful detainer (eviction) lawsuit and may expose the landlord to additional liability.

In general, landlords are required to provide tenants with one of four types of notice: (1) No Notice, (2) Three-day Notice, (3) Thirty-day Notice, and (4) Sixty-day Notice.  Landlords must also comply with specific procedural requirements that govern the notice’s required content and steps for delivery to the tenant.

No Notice | Landlords are not required to provide tenants with any notice at the end of a fixed term lease.  A fixed term lease is a written or oral lease that expires on a fixed date.  Most residential and commercial leases start as fixed term leases.

Three-day Notice | Landlords should issue a three-day notice if a tenant fails to comply with any of the lease terms.  A three-day notice requires a tenant to comply with the lease terms within three days or vacate the property.  For example, this type of notice may be used if a tenant fails to pay rent or if the tenant is using the property in an unauthorized manner.

Thirty-day Notice | A thirty-day notice to terminate tenancy is appropriate if a tenant does not have a fixed-term lease, as described above, and the tenant has lived in the property for less than one year.  This type of tenancy is called a periodic tenancy because the rental period renews on a fixed schedule.  The best example of a periodic tenancy is the common month-to-month lease. 

Sixty-day Notice | Landlords should use a sixty-day notice if there is a periodic tenancy (e.g., a month-to-month rental agreement) and the tenant has lived in the property for more than one year.  

California landlord-tenant laws can be difficult for new and experienced landlords to understand, and you should consult an attorney if you are not sure which type of notice you should use.  An attorney will also be able to help you resolve special circumstances and answer your procedural questions.  

Sale of Rental Property

10/2/2013

 
Question: My landlord sold our rental unit.  Can the new landlord change my lease provisions?

Answer: Unless your original lease contains a provision that states otherwise, the sale of your rental property will not change your original lease terms.  The purchasing landlord steps into the shoes of the original landlord and assumes all of the same rights and obligations.

Generally, this means you are still required to pay the new landlord rent and the new landlord is required to provide you with the same services the original landlord was required to provide under your lease terms.  The new landlord assumes the original landlord’s role so completely that (s)he is even entitled to sue you for any past rent you may have owed before (s)he purchased the property.  Although this rule generally holds true, here are two special situations to keep in mind:

Security Deposit | Tenants have the right to collect their security deposit from the original landlord or the new landlord unless certain statutory provisions are met.  The original landlord can only end his or her liability for your security deposit if: (1) (S)he transfers the security deposit to the new landlord and notifies you or (2) (S)he returns your security deposit back to you.  If either of these provisions are met, you can only collect your security deposit from the new landlord.

Lease Provisions | Some lease provisions may alter or terminate your lease if the rental property is sold to a new owner.  If this is the case, the lease provision becomes the controlling law and it may limit your rights to the property.  In some cases, the new landlord may even have the right to terminate your tenancy and evict you from the property if you refuse to leave voluntarily.

The above describes your general rights, but please contact a local attorney to discuss your particular legal question.  These general rules may be modified or changed based on the facts of your case.

Optional Practical Training

9/6/2013

 
Question: Do I qualify for Optional Practical Training (OPT)?

Answer: In general, foreign students qualify for Optional Practical Training (OPT) if they entered the United States as bona fide students and are pursuing a full course of study (most commonly in F-1 Visa Status).  Students meeting these criteria are usually eligible for up to 12 months of OPT per educational level. 

Some students may be eligible for an extension of the 12-month time limit, and you should contact an immigration attorney if you think you may qualify for an extension.  Students who have participated in other work-study or curricular employment programs, however, may be ineligible for OPT.

OPT may be granted for any legitimate purpose other than to prepare the foreign national for permanent residence in the United States.  Although OPT cannot be used to train a foreign national for a permanent U.S. position, it can be used to train a graduate for an employment position in an office abroad.  It can also be used as a trial period to assess an alien’s skills.

Students interested in OPT should consult with their university or an immigration attorney to determine whether they are eligible for pre- or post-graduation OPT.  Please keep in mind, however, that all OPT must generally be completed within 14 months of graduation.

Landlord Entry Requirements

8/23/2013

 
Question: When can my landlord enter my apartment?

Answer: Tenants are granted exclusive possession of their apartment (or other rental property) when they sign a lease and comply with their lease obligations.  This means tenants generally have control over who may enter the property and when they may do so. 

Landlords, however, still have the right to enter the property as long as their entry is reasonable.  California law lists the reasons why a landlord may enter your rental unit.  These reasons include:

  1. In case of an emergency.
  2. To show the property to a new tenant or purchaser.
  3. To make necessary or agreed upon repairs and/or improvements.
  4. To provide necessary or agreed upon services.
  5. To perform an initial inspection.
  6. To perform a waterbed inspection.
  7. Entry based on tenant abandonment or surrender of the property.
  8. Entry based on a court order.
  9. By agreement.

When a landlord is allowed to enter your rental property, the entrance should occur during normal, business hours.  Landlords are also generally required to provide you with reasonable notice before seeking entry, and the notice must comply with California statutory guidelines. 

California landlords may be liable to you for any entry that does not comply with California law.  In extreme situations, the unauthorized entry may be considered a constructive eviction and entitle you to terminate your lease.

If you are having a problem with your landlord, the best course of action is often to discuss the matter in a noncontroversial manner.  Your landlord may not understand your rights and may be willing to comply with your reasonable requests.  If not, please consider consulting a licensed attorney.

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    Emil Dixon is the founder of the Davis Legal Center, a private law office located in Davis, California.

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