Event Coverage
Understanding Silicon Valley Immigration
At the program "Understanding Silicon Valley Immigration" at SILVAR yesterday, REALTORS® listened intently as immigration attorney Sophie Alcorn explained the current intricate immigration process. It is a socio-political issue affecting a large number of people, she said.
Alcorn described immigration trends occurring today, including extreme vetting, more difficulty in obtaining H-1B visas, workplace audits, travel bans, family separation, an end to Temporary Protected Status (TPS), more options to stay in the U.S. disappearing, vigilante immigration officers, employment interviews, the uncertainty of DACA (Deferred Action for Childhood Arrivals), difficulties experienced by those seeking asylum at the border, children in custody, longer waits and deliberate delays. The U.S. Citizenship and Immigration Services is now issuing more Notices to Appear (NTA), which signals removal proceedings of a person or family.
"The whole system is broken and in chaos, but there's hope," Alcorn said. She noted there are still options which work for some, but not for everybody.
The immigration lawyer defined immigration terms and statuses, such as the difference between a temporary visa and temporary status, between a green card and permanent residency which can be arbitrary, change of status or adjusting status. She differentiated between the different visas which allow foreigners to stay in the U.S. either for a limited time or permanently.
If a person has had a run in with the law, or somehow unknowingly did not follow a strict process, no matter at what age the incident occurred, chances are very slim that they will be allowed stay in the U.S. Options are more positive for those persons who have "never screwed up."
Alcorn walked members through the many business green card pathways, including H-1B, EB-5, the categories and quotas per country. A study shows Chinese EB-5 investors can have up to a 20-year wait, and H-1B visa applicants from India have a 150-year wait. It is why many from India are switching to an EB-5 visa application. She also described the pathways for citizenship, including obtaining a green card through marriage.
The immigration interviews are not a friendly process, said Alcorn. This is why she makes sure she or someone from her firm accompanies a client to the interview.
Alcorn gave many examples of cases she has handled in Silicon Valley, some which had a happy ending, others no so happy. She indicated planning immigration is important and it can take time and money due to government filing fees, legal fees, requests for evidence, education evaluations and translations.
While anyone can own property in the U.S. regardless of status, Alcorn suggests REALTORS® ask their clients the following questions which will help them help their clients: What county were you born in? What country are you a citizen of? When did you come to the U.S.? What are your goals for living and working in the U.S.? What is your current status here? What have you done for your immigration status?
Alcorn is principal with Alcorn Immigration Law in Mountain View. Her firm has been recognized as the fastest growing law firm with a nearly 100 percent success rate.
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