Law Offices of Gita B. Kapur and Associates Law Offices of Gita B. Kapur 2026-03-29T08:35:48Z https://www.gitakapurlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1605083/2020/06/cropped-Gita-Logo-512-32x32.png On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[Facing a removal order in California? Know your rights.]]> https://www.gitakapurlaw.com/?p=49863 2026-03-29T08:35:48Z 2026-03-29T08:34:59Z filing an appeal.

File a Form EOIR-26 (Notice of Appeal)

This form notifies the BIA that the person who received the removal order is challenging the judge's decision. Their attorney or accredited representative must file the EOIR-26 electronically via ECAS. Filing on time triggers an automatic stay of removal for the duration of their BIA appeal, meaning ICE cannot deport them while their case is under review.

Pay the filing fee or request a waiver

As of March 2026, the BIA filing fee is $1,030, which the respondent must pay through the EOIR payment portal. If the respondent cannot pay the fee, they can file a Form EOIR-26A (Fee Waiver Request) along with their Form EOIR-26. Take note that they cannot send the appeal without either an electronic payment receipt or the waiver form.

Submit a written brief

After the BIA processes the filing, the respondent will receive a hearing transcript. Under the March 2026 BIA regulations, they will then have a strict 20-calendar-day window to file a written brief identifying the legal errors in the judge's decision. Take note that there is no opportunity to review the government's brief before the respondent can submit their own. Both are filed at the same time.

Understand your options and your next step

These steps are a starting point. However, the appeals process may look different depending on the specifics of the case, so it’s important to seek professional legal guidance. A California immigration attorney can help you or your loved one confirm exactly what applies to your situation and help you make informed decisions.]]> On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[Do you qualify for special immigrant juvenile status?]]> https://www.gitakapurlaw.com/?p=49861 2026-03-27T19:42:03Z 2026-03-27T19:42:02Z year, thousands of vulnerable children in the United States face impossible circumstances — abuse, neglect, or abandonment by the very people who should protect them. But here is what many do not know: there is a legal pathway designed specifically to help these young people build a safer, more stable future. Special Immigrant Juvenile Status (SIJS) offers hope and protection to children who cannot safely reunite with one or both parents, allowing them to remain in the United States and eventually pursue permanent residency. If you are a young person navigating a difficult family situation, or if you are helping a child in crisis, understanding SIJS could be life changing. This immigration protection exists precisely for situations where returning home is not just difficult but dangerous. Like many immigration processes, SIJS comes with specific requirements, strict eligibility criteria and important deadlines you need to understand. In this guide, we will walk you through the basics of the Special Immigrant Juvenile Status including: who qualifies, what documentation you will need and how to strengthen your application for the best chance of approval.

What is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status (SIJS) is a legal tool that provides protection for children who suffer abuse, abandonment or neglect by their parent. In order to qualify, the applicant must meet the following criteria:
  1. Under the age of 21
  2. Live in the United States
  3. Not be married now or in the past
  4. Have a court order that states the applicant is dependent on the court or state and cannot be reunified with a parent because of abuse, abandonment or neglect AND it is not in the applicant’s best interest to return to their country of nationality
The USCIS also requires the applicant seek this process due to poor treatment at home not as a pathway to obtain immigrant benefits. It is also important to note that state law defines the terms abuse, abandonment or neglect. As a result, the exact details can vary depending on your location. 

How can I increase the odds of approval?

It is helpful to organize supporting documentation to include in the application. The agency generally requires a copy of your birth certificate or other evidence of your age and a certified copy of the juvenile court order. It is generally beneficial to include additional information about the situation at home to help build your case. This could include records of any needed medical treatment or counseling required as a result of abuse, neglect or abandonment.  If in the custody of the United States Department of Health and Human Services (HHS), you will also need to include documentation of their consent to the process. 

How will I know if I receive approval for my SIJS application?

The USCIS generally provides a decision within six months of your filing date. If you do not receive approval, the letter from the agency should include information on how to appeal their decision.  Once approved, you can continue the immigration journey and begin the process to obtain a Green Card.

Is there anything else I should know about the SIJS process?

Like many things in immigration, the process is often evolving. It is important to stay up to date on changes to help better ensure approval. An attorney experienced in this area of law can provide guidance and help advocate for your rights throughout the process.]]> On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[3 steps to take to prepare for a family immigration interview]]> https://www.gitakapurlaw.com/?p=49860 2025-12-31T02:45:55Z 2025-12-31T02:45:55Z 1. Obtaining a medical assessment A proper medical review is a key component of the immigration process. Those pursuing family-based immigration opportunities generally need to see a panel physician in the country where they submit their immigration paperwork. A panel physician is a doctor approved by the local embassy to conduct a medical review that aligns with domestic standards in the U.S. Medical evaluations conducted by other physicians do not fulfill this key requirement. Documentation of an immigrant's medical assessment is an important element of the family-based immigration interview.

2. Gathering documentation

Typically, immigrants need appropriate documentation affirming their relationship with a citizen, visa holder or permanent resident. Birth certificates, marriage certificates and adoption paperwork are among the various formal records that may be necessary when pursuing family-based immigration opportunities. Immigrants may also require paperwork addressing likely issues that could arise during a background check. Proof that they are not the same person as an individual convicted of a criminal offense who shares the same name might be necessary, for example.

3. Preparing for questions

The family-based immigration interview may ask very personal questions about an individual and their family dynamics. Immigrants may need help preparing to answer those questions, especially if they tend to be private individuals. It is often possible to practice likely questions in advance with a professional familiar with the interview process. Appropriate preparation can increase the chances of successfully navigating the interview necessary to secure a family-based immigration opportunity. Getting legal guidance to fill out paperwork, validate eligibility and prepare before the interview can increase the chances of success when seeking to enter the country through close family relationships.]]> On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[How can DACA recipients protect against changing policies?]]> https://www.gitakapurlaw.com/?p=49859 2025-12-31T02:34:55Z 2025-12-31T02:34:55Z DACA recipients can renew their status DACA status is not automatic. Young immigrants without documentation have to prove that they qualify for DACA. Unfortunately, initial DACA protection is no longer available. Current policies restrict DACA protection only to renewed status for current recipients. Those who have previously qualified for DACA can renew their status and extend their protections.

What help does DACA provide?

As briefly outlined above, DACA provides protection from removal from the country through deportation or other means, provided that the DACA recipient does not commit a crime that puts them at risk of deportation. They may also need to limit travel outside of the country. Those living in California with DACA protection have additional rights. DACA recipients are eligible for full-scope Medi-Cal health coverage. They can also obtain driver's licenses. An AB 60 license allows a DACA recipient to legally drive, which may be necessary for their education or employment. DACA recipients may also be eligible to pursue other forms of immigration protection in certain cases. DACA recipients have protection in California but may need guidance to make use of their legal rights and protection. Especially when DACA recipients are at risk of removal from the U.S, the insight and advocacy of an experienced legal professional may be necessary.]]> On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[What rights do people have when ICE knocks at the door?]]> https://www.gitakapurlaw.com/?p=49857 2025-12-28T23:27:45Z 2025-12-29T23:25:02Z Opening the door isn't mandatory The desire to follow social rules and comply with law enforcement instructions can put people at a disadvantage. Some law enforcement agents count on people making the wrong choices under pressure. They show up to locations without warrants, hoping to be let inside to investigate and question people. Unless they have a valid warrant, people do not always need to grant access to private space when state or federal authorities are at the door. Even when there is a warrant, the occupants of a residence typically have the right to inspect the warrant and even to request the presence of an attorney during the actual search process. In some cases, minor mistakes with the warrant can justify denying law enforcement professionals access to private property.

Answering questions is optional

When executing a warrant, ICE agents and other federal law enforcement professionals may ask many invasive questions. They may hope to find information about other people or proof of criminal activity. Neither individuals subject to search warrants nor those taken into state custody have an obligation to answer questions from law enforcement. They have the right to remain silent and, as noted, the right to consult with the legal professional regarding their circumstances. Making use of both of those rights can help limit the likelihood of removal proceedings and other significant consequences for the immigrants who reside at the property.

Avoiding common mistakes is critical

Attempting to flee through an alternate exit when ICE agents arrive at the property can lead to a pursuit scenario, which can end in injury or worse. Additionally, providing false information or invalid documentation can worsen people's circumstances. Trying to be cooperative by providing as much information as possible can also be a mistake, as agents may use people's good natures against them in some cases. The sooner that those facing immigration enforcement efforts and possible removal proceedings secure legal guidance, the better their chances are of resolving the situation favorably. Getting an experienced legal representative is often the most important step people can take when ICE agents show up at their homes, putting occupants at risk of deportation or removal proceedings.]]> On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[5 common mistakes to avoid when applying for adjustment of status]]> https://www.gitakapurlaw.com/?p=49858 2025-12-28T23:36:17Z 2025-12-28T23:36:17Z 1. Making paperwork errors Petitions submitted to immigration authorities need to be accurate and thorough. Mistakes as simple as putting down old addresses or misspelling names can lead to rejected petitions and other complications. Immigrants may want to have a legal professional manage as much of the paperwork as possible to minimize the potential for mistakes.

2. Allowing legal status to lapse

There is a window of opportunity before a visa expires when people can request green cards. If people wait too long to apply and their visas expire, they no longer have temporary lawful status. That situation can make securing permanent lawful status much more difficult.

3. Withholding critical details

Individuals who manage to pass a background check by not disclosing a criminal incident can end up at risk of a rejected application or the loss of their green card after they secure it. Applicants must make thorough and accurate disclosures. Lying about criminal matters in their country of origin or another jurisdiction while living in the U.S. could be grounds for a green card denial or revocation.

4. Traveling internationally

Sometimes, family matters force those with visas to leave the U.S. Other times, they may need to travel for work. Traveling without proper authorization and documents allowing reentry into the country could lead to challenges for those with visas who want to secure green cards.

5. Missing critical appointments

People seeking green cards may need to attend interviews with the United States Citizenship and Immigration Services (USCIS). They may need to attend a biometrics appointment to provide identifying information about themselves. Missing appointments can lead to major setbacks when seeking a green card. Significant travel can impact eligibility for a green card. Adjusting one’s status and applying for a green card can be easier when people have qualified legal support. This can help people become permanent residents by avoiding common mistakes.]]> On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[Who can apply for a family preference visa?]]> https://www.gitakapurlaw.com/?p=49806 2022-05-27T14:54:40Z 2022-05-27T14:54:40Z Family-based immigration is one of the more common ways that people enter the United States. Foreign nationals who have family members that are United States citizens or lawful permanent residents can sometimes help their loved ones enter the country. Family preference visas are one of the simplest means of reconnecting with family living in another country. Family members of those already living in the United States can potentially qualify for a green card, which will let them stay in the country indefinitely. They may eventually be able to naturalize and become citizens themselves. What family members can qualify for family preference visas?

Children can qualify under multiple different preference categories

The minor, unmarried children of United States citizens receive first preference. Their category has the highest preference when the United States Citizenship and Immigration Services (USCIS) reviews family preference visa applications. The children of permanent residents can qualify for visas under the second preference category. Both unmarried children under the age of 21 and unmarried children over the age of 21 can potentially qualify under the second preference category. The third preference category is for the married sons and daughters of United States citizens. Finally, the fourth category is for brothers and sisters of United States citizens. Those who are permanent residents hoping to reconnect with siblings or married children may determine that naturalizing is the best way to help their family members enter the country. Green card holders who become naturalized citizens will have more opportunities to support the immigration efforts of their loved ones. Learning more about family immigration options can help you bring the people you love to the United States.]]> On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[Crimes that can lead to your deportation from the U.S ]]> https://www.gitakapurlaw.com/?p=49803 2022-05-11T19:29:43Z 2022-05-11T19:29:43Z If you are an immigrant living on any visa in the United States, you may not enjoy all the privileges that come with full citizenship.  Until you are a naturalized citizen of the United States, certain criminal convictions may result in your removal from the country. Here are some of the deportable convictions that can lead to deportation:

Crimes of moral turpitude

Crimes of moral turpitude can be quite complex. However, the court defines these crimes as offenses that corrupt the basic duties individuals owe to each other as well as toward general society.  Offenses that fall under crimes of moral turpitude include assault with a deadly weapon, arson, fraud, murder, rape, repeat felonies and drug trafficking among others. 

Aggravated felonies

A conviction for an aggravated felony can earn you deportation from the United States. Unlike a crime of moral turpitude that must be defined by the court, an aggravated felony is clearly defined by the Immigration and Nationality Act (INA).  Some of the aggravated felonies that may lead to deportation include rape, murder, sexually assaulting a minor, fraud, firearm trafficking and money laundering.

A conviction for domestic violence

You can also be deported from the U.S for committing crimes that relate to domestic violence. In fact, a single domestic violence conviction might as well earn you a one-way ticket out of the country.  According to INA, domestic violence crimes may include spousal assault, child abuse as well as violation of an existing restraining order.  A criminal offense can impact your status as a resident of the United States. Fortunately, knowing your rights as a U.S resident can help you defend yourself and get a favorable outcome if you have been accused of a crime. ]]> On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[Federal immigration officials might halt some deportation cases due to backlog]]> https://www.gitakapurlaw.com/?p=49796 2022-05-09T21:08:31Z 2022-05-09T21:08:31Z According to Buzzfeed News, an official from the Immigration and Customs Enforcement (ICE) recently sent a memo to judges in the Executive Office for Immigration Review (the U.S. immigration court system) ordering them to remove certain removal (also known as deportation) cases from their calendars. People whose removal cases might get dismissed include:
  • People with various immigration applications pending, such as getting a green card through a relative
  • People with limited protection from deportation, including those with an approved visa application or eligibility for temporary protected status
  • Children seeking asylum or escaping abusive or neglectful parents
The issue is the EOIR courts have so many pending cases that they have to make priorities. It also reflects ICE's recent change in philosophy. Before the ICE memo, White House officials authorized judges to dismiss cases where the immigrant facing deportation has been in the U.S. for a long time and is not considered a threat to public safety.

Keep planning for your hearing

If you have a deportation trial coming up, it's possible that your case will get put on hold or dismissed. But until you and your lawyer hear this is happening, you must prepare as if it is still happening. The good news is, you still might avoid having to leave the country. Immigration law is complex, and there may be a solution that lets you stay here with your family.]]> On Behalf of Law Offices of Gita B. Kapur and Associates <![CDATA[What does it mean to display good moral character?]]> https://www.gitakapurlaw.com/?p=49794 2022-04-27T19:05:30Z 2022-04-27T19:05:30Z a law-abiding person, who works hard and is willing to pay taxes. However, there are a number of factors that may exclude you from this qualification.

Crimes of moral turpitude

If you have a conviction for a crime of moral turpitude, then you will not satisfy the “good moral character requirement.” Crimes of this nature are considered to be very serious, and they must have been carried out with reckless abandon and disregard for the safety of others. These are crimes that wider society would deem to be reprehensible. For example, murder, serious sexual offenses, armed robbery and the most severe financial crimes could be considered to be of moral turpitude.

Some crimes may not affect you

Everyone makes mistakes, and if you’ve learned from them, you shouldn’t be punished indefinitely. If you committed an offense more than five years ago that is not considered to be a crime of moral turpitude, then your application could still be successful. The only way to ensure the most favorable outcome in your immigration application is to seek guidance from a knowledgeable support network. Doing this will give you the best chance of starting your new life in the U.S.]]>