Robert F. Jacobs & Associates, PLC Robert F. Jacobs & Associates, PLC 2026-05-30T13:59:04Z https://www.rfjimmigration.com/feed/atom/ WordPress /wp-content/uploads/sites/1504995/2021/04/cropped-favicon-new-32x32.png On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[Is English fluency mandatory for naturalized citizenship?]]> https://www.rfjimmigration.com/?p=48480 2026-05-30T13:59:04Z 2026-05-30T13:59:04Z Older adults can bypass language testing Typically, those who want to become citizens must prove proficiency in English through testing during a naturalization interview. They must demonstrate the ability to read and write in English, as well as the ability to speak and understand spoken English. They must also pass a test in Civics which involves verbally answering questions about United States history and government. The United States Citizenship and Immigration Services (USCIS) offers testing exemptions to qualify older immigrants. Those who have lived in the United States for at least 20 years and who are 50 or older may qualify for an English language exemption during naturalization. Immigrants who are at least 55 years old and who have been in the United States for 15 years or longer could also avoid the English language test. They may even take the mandatory Civics test in the language they speak fluently. Learning more about the naturalization process can help immigrants determine if they may be eligible for citizenship. Even those who struggle with English proficiency can potentially become naturalized citizens.]]> On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[Does an immigrant have employment discrimination rights?]]> https://www.rfjimmigration.com/?p=48478 2026-05-22T12:47:07Z 2026-05-22T12:47:07Z Immigrant workers contribute to many industries across the United States, yet some still experience unfair treatment in the workplace. Concerns about immigration status or language differences can sometimes lead to discrimination during hiring, promotions or daily work activities. Federal employment laws in California provide important protections for many immigrant workers. These protections apply in several workplace situations and help employees challenge unfair treatment based on national origin, citizenship status or related issues.

Protection against national origin discrimination

Employers generally cannot treat workers unfairly because of their accent, ethnicity, birthplace, ancestry or native language. Workplace decisions involving hiring, firing, pay or promotions must follow anti-discrimination laws. Harassment, insults or offensive comments connected to a person’s background may also violate workplace protections when the behavior creates a hostile work environment.

Rights involving work authorization documents

Employers must verify employment eligibility, but they cannot demand unnecessary paperwork from immigrant workers. Businesses are also prohibited from rejecting valid documentation simply because an employee appears foreign or has a different immigration background.

Protection against retaliation

Immigrant workers who report discrimination or cooperate in workplace investigations are protected against retaliation in many situations. An employer cannot legally threaten immigration action, intimidation or punishment simply because a worker files a complaint or asserts workplace rights under federal law.

Moving forward after workplace discrimination

Immigrant workers should understand that employment protections exist regardless of background or nationality. Keeping records of workplace incidents and reporting concerns promptly may help strengthen a claim. Workers experiencing discrimination, retaliation, or document-related issues may benefit from seeking professional legal guidance to better understand their rights and possible next steps.  ]]> On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[Can police access your smart devices?]]> https://www.rfjimmigration.com/?p=48477 2026-05-07T13:47:32Z 2026-05-07T13:47:32Z Smart devices have become part of our everyday lives. Phones, watches, voice assistants and connected vehicles all help us to manage our lives better. However, they also collect large amounts of personal data. While these technologies provide convenience, they also raise serious questions regarding law enforcement's right to access private data during a criminal investigation. Are you required to allow them to search your phone? Can they review your home security system without your permission?

The Fourth Amendment and digital privacy

The Fourth Amendment protects individuals from unreasonable searches and seizures. The Constitution was written almost 240 years ago, and the nation's forefathers could never have imagined smartphones and smart homes. But today's courts recognize that digital privacy also deserves constitutional protection. Consider the amount of personal information your smartphone contains, such as:
  • Location history
  • Emails and attachments
  • Text messages
  • Photos
  • Banking information
  • Health and fitness data
  • Home security camera footage
In many situations, police must obtain a search warrant before accessing data stored on a smart device. To obtain that warrant, they generally must show probable cause that the device will contain evidence related to the crime they are investigating. Even so, there have been legal disputes over whether officers exceeded the scope of a warrant, whether the consent to search the device was voluntary or whether certain types of data required additional approval. Now, smart home technology has introduced new constitutional concerns. Devices such as smart speakers, doorbell cameras and home automation systems may store recordings, surveillance footage and activity logs. Prosecutors have attempted to obtain data from these systems for criminal investigations. But the law is still evolving, and courts continue to grapple with how traditional privacy protections apply to modern technology. Technology continues to evolve rapidly, and the law is trying to keep pace. It may be difficult to understand where your constitutional rights begin and end when it comes to your smart devices. That's why it's essential to have a legal professional by your side during a criminal investigation. They can help ensure that your rights are respected and determine if any evidence was improperly obtained.  ]]> On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[What to know about proposed changes for student visa holders]]> https://www.rfjimmigration.com/?p=48476 2026-04-20T12:28:05Z 2026-04-20T12:28:05Z Students from around the world have long studied at U.S. colleges and universities. Many California schools are especially popular with international students – especially students interested in pursuing STEM (science, technology, engineering and math) careers. Those who are here on F-1 (academic student) visas as well as M-1 (vocational student) or J-1 (exchange visitor) visas or seeking a visa to study in the U.S. should know that the current administration has proposed changes that would affect whether these visa holders can remain in the country to work after they’ve graduated and how closely their activities may be monitored.  The Department of Homeland Security (DHS) has said that the changes are needed to “limit the length of time certain visa holders – including foreign students– are allowed to stay in the United States, thereby curbing visa abuse and increasing the Department of Homeland Security’s ability to properly vet and oversee these individuals.”

Ending the “duration of status” policy

Currently, student visa holders can remain in the country “as long as your program requires.” This allows students to have a somewhat flexible school schedule that might be necessary to obtain their degree, as is common with some STEM majors, if a student changes majors or if they want to obtain a more advanced degree. Another proposal would place restrictions on changing a major or program of study – particularly for freshmen or others in their first year of study in the U.S. The proposed change would end this “duration of status” (D/S) policy and replace it with a fixed four-year stay. That would require college students to conform to the traditional length of time it takes to obtain an undergraduate degree unless they’re granted an extension.  Further, the amount of time to apply for an Extension of Stay (EOS) would be cut from 60 to 30 days. It’s also proposed that if a student decides to travel while waiting for approval of their EOS, their application would be considered “abandoned.”

More vigilant screening

Those applying for these visas would undergo greater inspection of their social media activity. Further, fewer people will be allowed to waive an in-person interview. Most applicants will have to undergo these interviews. This is a stressful and anxious time for many people who are in the U.S. on any kind of visa. For young people on student visas – many of whom are outside their home country for the first time – the uncertainty of whether they will be able to finish their education here can be particularly difficult. Getting legal guidance can help those who have questions or concerns or are facing challenges remaining in the country.]]> On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[What to know about the temporary increase in H-2B visas]]> https://www.rfjimmigration.com/?p=48475 2026-04-01T12:43:28Z 2026-04-01T12:43:28Z The policies and rules around employment-based visas are seemingly in a constant state of flux these days. It may appear, based on what some politicians say, that the federal government is striving to drastically cut back on virtually all immigration into the U.S.  However, that’s not true in every case. For example, two federal agencies announced a temporary rule at the end of January that would raise the limit on H-2B nonimmigrant visas for the current fiscal year (FY) to almost 65,000. Of these visas, over 46,000 must go to workers who previously had an H-2B visa or H-2B status during the past three fiscal years. The other allotted visas can be used to bring in workers from May through September for “late-season” employer needs. The H-2B visa program allows U.S. employers to bring foreign nationals into the country to do “temporary nonagricultural jobs” when they can’t get enough U.S. workers to meet their needs. These are often seasonal jobs in hospitality, tourism, landscaping and construction that require added workers during “busy” seasons. For example, here in Florida, hospitality and tourism-related jobs are among those that are more plentiful during the summer.

When do employers qualify to make use of these additional visas?

The Department of Labor (DOL) and the Department of Homeland Security (DHS) agreed that these H-2B visas would go to “U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition...” according to U.S. Citizenship and Immigration Services (USCIS). Employers and workers can understandably be confused and concerned about changing rules, laws, caps on visas and procedures. Caps are reached very quickly as employers race to get in their petitions. Getting experienced legal guidance can help navigate the immigration system in the U.S. and help ensure that you have the most current information.]]> On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[Which convictions complicate proving good moral character?]]> https://www.rfjimmigration.com/?p=48474 2026-03-22T01:27:55Z 2026-03-22T01:27:55Z Some convictions can result in a permanent bar Any aggravated felony convictions on or after November 29, 1990, can result in a permanent bar to establishing good moral character, while those with a conviction date prior to November 29, 1990, can also do so in certain circumstances.

Other convictions may result in a conditional bar

Convictions for lesser crimes within the statutory period can result in a conditional bar on being able to establish good moral character. Examples include drug offenses (with the exception of simple possession of 30 grams or less of marijuana), convictions for two or more gambling offenses, failing to support your dependents, prostitution and human smuggling, among others. If you spent 180 days incarcerated within that statutory period, that too could count. So would being sentenced in the statutory period for two or more offenses with a resulting custodial sentence of five years or more Convictions within the statutory period for crimes considered to involve moral turpitude may also act as a conditional bar to establishing good moral character. This refers to acts the public would generally consider highly unethical, immoral, dishonest or depraved. As you can see, if you have any dealings with the law or have had in the past, legal guidance may be crucial to protecting your options for the future.]]> On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[How long is a K-1 visa valid?]]> https://www.rfjimmigration.com/?p=48473 2026-03-09T17:09:13Z 2026-03-09T17:09:13Z There are many scenarios in which United States citizens may become engaged to people who live in other countries. Frequently, the goal is to have the foreign national fiancé e move to the United States. They can become a permanent resident and possibly even a naturalized citizen after marrying their citizen fiancé.  To legally enter the United States to get married, a foreign national typically requires a K-1 visa. Their citizen fiancé must sponsor them as they apply for a K-1 visa. That process can take anywhere from roughly half a year to well over a year, depending on various factors.  Once the United States Citizenship and Immigration Services (USCIS) grants a K-1 visa, how long is the document valid? 

There are two deadlines for K-1 visas

In general, a K-1 visa allows for lawful travel for up to six months after the USCIS issues the visa. The fiancé planning to enter the United States must make travel plans within half a year of the USCIS granting them the K-1 visa.  There is also a strict timeline for officially marrying after entering the United States. A fiancé legally in the United States on a K-1 visa has 90 days after their date of entry to officially marry their citizen fiancé. If they do not solemnize the relationship within that limited window of opportunity, they may face removal from the United States.  Couples may need to have plans to move forward with a wedding promptly, as marrying within 90 days is important. Having assistance when applying for and utilizing a K-1 fiancé visa can help people avoid common mistakes that could undermine their plans to get married.]]> On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[Can immigrants with work visas change jobs?]]> https://www.rfjimmigration.com/?p=48471 2026-02-21T03:39:59Z 2026-02-21T03:39:59Z New employers must submit petitions A work visa does not automatically transfer to a new company when a person accepts a job offer. Their prospective new employer must meet several key legal standards. They may need to secure a labor certification. The company also needs to pay a fee and submit a petition to the U.S. Citizenship and Immigration Services (USCIS). Once the USCIS reviews and approves that petition, the employee can then transition to a new visa related to their new employment opportunity. Accepting a new job or negotiating with a new employer while relying on a work visa for lawful status can be an intimidating process. People can benefit from working with an attorney to manage the paperwork and ensure their continued compliance with all immigration statutes. Getting experienced legal guidance before submitting notice to an employer or paperwork to the USCIS can help those with employment visas advance their careers without endangering their lawful status in the United States.]]> On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[Can a DUI put an immigrant’s status at risk?]]> https://www.rfjimmigration.com/?p=48470 2026-02-08T20:28:30Z 2026-02-08T20:28:30Z A DUI is not a minor matter Most of the time, a DUI that does not involve injury to others is not a felony. However, it is still a serious criminal offense. If the immigrant accused of impaired driving has a prior conviction, their lawful status could be at risk. The rules regarding immigration include habitual drunkenness and substance abuse disorders among the conditions that might prevent immigrants from entering or staying in the United States. While a single DUI conviction does not automatically affect an immigrant’s status or future opportunities, two or more DUI convictions could lead to deportation or an inability to renew their visa in the future. Immigrants facing criminal charges may need help fighting against those charges to protect their status. Partnering with a criminal defense attorney who also understands immigration matters can be valuable for people with visas or green cards accused of drunk driving.]]> On Behalf of Robert F. Jacobs & Associates, PLC <![CDATA[The Third Party Doctrine gives access to digital evidence]]> https://www.rfjimmigration.com/?p=48469 2026-01-28T11:55:56Z 2026-01-28T11:55:56Z Digital evidence is used in many court cases. Police who are investigating someone for a crime may want to look at their location data from their phone. They may want to read lists of text messages or social media messages. They may want to look at pictures or videos that an individual took, or even see a list of financial transactions. If the police get the individual’s consent or they get a search warrant for the cellphone, they can often find this information on the device itself. But it is also important to be aware of the third-party doctrine, which can allow them to get that same information from other sources.

Digital evidence may no longer be private

The reason that the police generally cannot search your phone without a search warrant or consent is that you have an expectation of privacy. You do not have to share that information with the police just because they have asked for it. However, you may have voluntarily given other companies the ability to access the same information. An app could track your location. A social media company could have access to your messages. A cloud storage company could have copies of your photos and videos. Under the third-party doctrine, you have a reduced expectation of privacy because you turned this data over to someone else. In some cases, this means that the police can go to those other companies and obtain the data without your consent, without a search warrant and without having to unlock or search your physical cellphone.

Legal defense options

This helps to show how the police gather evidence in the modern era. If you are facing criminal allegations, be sure you know exactly what legal defense options you have.]]>