Robert F. Jacobs & Associates, PLCRobert F. Jacobs & Associates, PLC2026-09-03T16:00:45Zhttps://www.rfjimmigration.com/feed/atom/WordPress/wp-content/uploads/sites/1504995/2021/04/cropped-favicon-new-32x32.pngOn Behalf of Robert F. Jacobs & Associates, PLC<![CDATA[The fruit of the poisonous tree doctrine]]>https://www.rfjimmigration.com/?p=484872026-09-03T16:00:45Z2026-09-03T16:00:45ZWhen facing criminal charges, it is important to understand the various legal doctrines that can impact your case. One of these is known as the fruit of the poisonous tree.This doctrine often refers to police procedures, especially as they obtain evidence. When the police do not follow the correct procedures or violate a person’s rights, this is said to poison the “tree.” The evidence is considered the “fruit” of that tree, and it is subsequently poisoned by the illegal actions that led to it.Often, this means that tainted evidence cannot be used in court. That evidence may have led to a conviction, but if the defendant can have it excluded, it can significantly weaken the case against them.
Carrying out an illegal search
There are many examples of how the fruit of the poisonous tree can apply, but one is when the police conduct an illegal search of someone’s property.For instance, perhaps the police do not have consent to search a person’s home, and they have not obtained a search warrant. However, they still carry out the search, and they find evidence of criminal wrongdoing in that person’s house.Under ordinary circumstances, the evidence may have convicted the homeowner. But because the search was illegal, this tainted the evidence. Police may not be able to bring it to court, and they may not have any other evidence against that individual. They have essentially undermined their own case.Details like this can significantly change how you approach your legal defense options. Be sure you know exactly what steps to take when facing any type of criminal charges.
]]>On Behalf of Robert F. Jacobs & Associates, PLC<![CDATA[What immigrants should know about the Laken Riley Act]]>https://www.rfjimmigration.com/?p=484862026-08-23T17:03:08Z2026-08-23T17:03:08ZLaw includes mandatory detention for theft-related crimes
According to the Department of Homeland Security (DHS), the Laken Riley Act “mandates the federal detention of illegal immigrants who are accused of theft, burglary, assaulting a law enforcement officer, and any crime that causes death or serious bodily injury.”
Immigrant rights advocates and representative who opposed the Laken Riley Act have argued that because the law allows potentially indefinite detention of those who haven’t been convicted of a crime (or even officially charged with one), it violates their constitutional right to due process.
The U.S. has ruled that all people in the U.S. have constitutional rights, regardless of their immigration status. With these rights facing continued and increasing challenges, it’s crucial that immigrants, regardless of their status, and their loved ones reach out for experienced legal guidance if they believe those rights have been violated.]]>On Behalf of Robert F. Jacobs & Associates, PLC<![CDATA[Can immigrants go home for a death and return to the USA?]]>https://www.rfjimmigration.com/?p=484852026-08-10T14:49:28Z2026-08-10T14:49:28ZWhen a loved one dies, many immigrants face an urgent and painful question: is it possible to leave the United States, attend the funeral or support family abroad and still return without jeopardizing immigration status? The answer depends entirely on the type of status a person currently holds and whether they have valid travel authorization.
For individuals with pending applications, travel requires special caution. Those applying for permanent residence through adjustment of status generally cannot leave the country unless they have been granted advance parole. Without it, the application may be considered abandoned.
What about emergencies?
In emergency situations, such as the death or critical illness of an immediate family member, some applicants may request expedited advance parole at a local USCIS office. The U.S. Department of State recognizes life‑or‑death emergencies as legitimate grounds for urgent travel, which can help support the request.DACA recipients may also travel only with advance parole. Humanitarian reasons, including a death in the family, fall within the permitted categories. Travel without advance parole can lead to loss of the ability to reenter the United States.
Complications for asylees
Asylum applicants may qualify for advance parole, but returning to the home country can create complications because it may conflict with the basis of the asylum claim. Each situation is unique, and individuals often need to weigh the risks carefully before making plans.
Permanent residents typically are protected
Those who already have permanent resident status can usually travel abroad and return, provided the trip is temporary and they maintain ties to the United States. Short emergency travel is typically not a problem, although long absences or certain legal issues can affect reentry.In all situations, travel during an emergency requires careful planning. Understanding the rules for advance parole, temporary travel and reentry can help immigrants navigate a difficult moment while protecting their future in the United States.]]>On Behalf of Robert F. Jacobs & Associates, PLC<![CDATA[Can you switch jobs on an employment visa in the U.S.?]]>https://www.rfjimmigration.com/?p=484842026-07-22T00:43:19Z2026-07-22T00:43:19ZDoes an employment visa let you change employers?
In many cases, changing jobs is possible, but your new employer must usually file the appropriate paperwork with the U.S. Citizenship and Immigration Services (USCIS). For example, workers with an H-1B visa may qualify for "H-1B portability." This allows them to begin working for a new employer after a qualifying petition has been filed, rather than waiting for final approval, provided they meet the legal requirements.
Other visa categories have stricter rules. For example, L-1 intracompany transferee visas limit employment to the sponsoring company and its qualifying affiliates, so switching to an unrelated employer is not permitted without obtaining a different work authorization.
What should you do before changing jobs?
Before accepting a new position, take these important steps:
Review your visa category to determine whether changing employers is allowed.
Confirm that your new employer will complete the required USCIS filings before you begin working.
Do not resign too early if your current immigration status depends on your existing employer.
Keep copies of your immigration records, approval notices and employment documents in case USCIS requests additional information.
Changing jobs can be a positive career move, but following the correct immigration process is essential. If you are unsure about your eligibility to switch employers, speaking with an experienced legal team before making the transition can help to protect your work authorization and your ability to remain in the United States legally.]]>On Behalf of Robert F. Jacobs & Associates, PLC<![CDATA[How moral turpitude crimes can affect immigration status]]>https://www.rfjimmigration.com/?p=484832026-07-15T11:53:48Z2026-07-15T11:53:48ZA criminal conviction can create consequences that extend far beyond fines, probation or incarceration. For a noncitizen, certain offenses may also affect the right to remain in the United States or pursue future immigration benefits.
Crimes involving moral turpitude generally involve intentional dishonesty, serious misconduct or at least reckless behavior. The precise outcome depends on the elements of the offense, the sentence and the person's immigration history.
You may face deportation
A conviction for a crime involving moral turpitude may make a noncitizen deportable in certain circumstances. Timing can matter, including how soon the offense occurred after admission to the United States. The possible sentence and whether the person has more than one qualifying conviction may also affect the outcome.Deportation is not automatic after every criminal conviction. Immigration authorities examine the statute underlying the conviction and determine whether its required elements involve intentional or reckless misconduct. This means an offense may have serious immigration consequences even when it is classified as a misdemeanor under state law.
You may be denied United States citizenship
A conviction may also interfere with naturalization. Applicants seeking United States citizenship must generally demonstrate good moral character during the applicable review period. A crime involving moral turpitude can lead immigration officials to question whether that requirement has been satisfied.Older convictions may also receive attention because naturalization applications require disclosure of criminal history. Failing to provide complete and accurate information may create additional problems beyond the original offense. The government may review the conduct, the date of conviction and evidence of rehabilitation before deciding whether the applicant qualifies for citizenship.
You may be denied a visa or green card
Crimes involving moral turpitude may also make a person inadmissible. Inadmissibility can prevent someone from receiving a visa, entering the United States or becoming a lawful permanent resident through a green card application.Some limited exceptions may apply depending on the offense, possible punishment and criminal history. However, you should not assume that a minor sentence means the conviction will have no effect. Immigration law focuses heavily on the legal nature of the offense. Seek legal guidance promptly if a criminal charge or conviction may affect your immigration status.
]]>On Behalf of Robert F. Jacobs & Associates, PLC<![CDATA[Can permanent residents help their children immigrate?]]>https://www.rfjimmigration.com/?p=484822026-06-29T23:39:07Z2026-06-29T23:39:07ZFamily preference visas can help children
Permanent residents and citizens can sponsor their close family members for family preference visas. There are different preference categories based on the sponsor’s immigration status and the relationship they have with the sponsored person.
For those with green cards, there are two preference categories for their children. Unmarried, minor children are in the slightly higher preference category. Permanent residents can also sponsor their adult children who have not yet married for a family preference visa.
Unfortunately, if their children have families of their own, green card holders cannot help their adult children secure visas and green cards. Only citizens typically have the option of sponsoring their married adult children for immigration purposes. Citizens can also sponsor their parents and siblings.
Learning more about immigration rules can help people evaluate opportunities for their loved ones. Those seeking family-based visas often need assistance with paperwork, making legal guidance generally necessary.]]>On Behalf of Robert F. Jacobs & Associates, PLC<![CDATA[How does criminal history affect immigration?]]>https://www.rfjimmigration.com/?p=484812026-06-17T14:40:32Z2026-06-17T14:40:32ZComing to the United States to build a life is a wish that many people have. Making that dream a reality means going through the immigration process, which is very thorough. One area that immigration applications cover is the applicant’s criminal history.
The questions that are asked during the immigration application process include those about arrests, charges, convictions, dismissed cases, probation and any contact with law enforcement. It’s critical to disclose all criminal history information, even if it seems minor or was an old case.
What criminal history can impact immigration?
All criminal history has the ability to affect a person’s eligibility for being able to immigrate into the United States. The exact impact on immigration depends on the type of offense, but the date, sentence and immigration benefits also play a role. For example, a minor traffic offense will have a much different outcome than a drug conviction. Leaving out any criminal incident can also cause immigration issues. Immigration agencies will conduct background checks, use biometric identifiers and review court records as part of the application process. Even cases that were dismissed, expunged or reduced should be disclosed, because there’s likely a court record that will come up if during the immigration investigation. If the information an applicant provides doesn’t match, a denial of the application is likely. It’s important to handle immigration applications properly. Any incorrect information, even if it’s not related to criminal history, can lead to significant problems, including denial of entry. It may be beneficial to work with someone familiar with current immigration laws, guidelines and policies since these can change frequently.
]]>On Behalf of Robert F. Jacobs & Associates, PLC<![CDATA[Is English fluency mandatory for naturalized citizenship?]]>https://www.rfjimmigration.com/?p=484802026-05-30T13:59:04Z2026-05-30T13:59:04ZOlder 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=484782026-05-22T12:47:07Z2026-05-22T12:47:07ZImmigrant 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=484772026-05-07T13:47:32Z2026-05-07T13:47:32ZSmart 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 beenlegal 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 whereyour 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.
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