THE EXPATRIATE CENTER

HIGH-PROFILE IMMIGRATION

Irvine, CA | Beverly Hills, CA | San Diego, CA

949-316-0078

CONTACT

THE EXPATRIATE CENTER

HIGH-PROFILE IMMIGRATION

Newport Beach, CA | Beverly Hills, CA | San Diego, CA | Orlando, FL

949-316-0078

CONTACT

Last Updates

By Kris Quadros-Ragar 28 Mar, 2024
The United States has concluded the initial registration phase for the Fiscal Year 2025 H-1B cap season, wrapping up on March 25, 2024 , at noon Eastern Time after a three-day extension. According to a statement from the U.S. Citizenship and Immigration Services (USCIS), the agency will soon commence the random selection of beneficiaries from properly submitted registrations. These selections are anticipated to fulfill the numerical allocations for the FY 2025 H-1B cap, including the master’s cap exemption. Once selected, prospective petitioners will be notified of their eligibility to file an H-1B cap-subject petition for the chosen beneficiaries . As of April 1, 2024, USCIS has implemented a change in the filing location for H-1B and H-1B1 (HSC) Form I-129 petitions. All paper-based submissions must now be directed to USCIS lockbox locations, superseding service centers . This directive applies universally to cap, non-cap, and cap-exempt H-1B filings. Mailing addresses specifically designated for H-1B cap cases can be found on the Form I-129 Direct Filing Addresses page. A clear warning has been issued by USCIS regarding petitions received at USCIS service centers on or after April 1, 2024. Any such submissions will be rejected outright, without any grace period provided. Alongside these procedural adjustments, USCIS has introduced new fees and a revised edition of Form I-129, effective April 1, 2024 . Henceforth, petitions postmarked on or after this date must adhere to the updated fees and utilize the latest edition of Form I-129. USCIS will reference the postmark date to ascertain the correct form version and applicable fees. If you are considering an H-1B visa application or have any questions, please schedule a consultation with one of our experienced attorneys. We are here to assist you.
By Olga Guzhva 21 Mar, 2024
If you are a U.S. resident within the meaning of Internal Revenue Code (IRC) section 7701(b)(1)(A) , an immigrant needs to understand the U.S. tax obligations. When you are a permanent resident, your worldwide income is subject to U.S. income tax the same way as a U.S. citizen. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year. 1. “Green Card” Test means that you possess a Permanent Resident Card, Form I-551, also known as a "green card”, at any time during the calendar year. You continue to have U.S. resident status, unless: you voluntarily renounce and abandon your resident status, or your resident status is terminated, either by the USCIS, or by a U.S. federal court. If you meet the green card test at any time during the calendar year, but do not meet the substantial presence test for that year , your residency starting date is the first day on which you are present in the United States as a lawful permanent resident. In other words, if you have your green card for less than a full calendar year, your tax obligations could be less and are calculated as follows: 2. In order to meet the Substantial Presence test , you must be physically present in the United States on at least: 31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting : a. All the days you were present in the current year, and b. 1/3 of the days you were present in the first year before the current year, and c. 1/6 of the days you were present in the second year before the current year. In other words, a look back applies when calculating a substantial presence test for the U.S. tax purposes. If a green card holder does not meet a substantial presence test, then he or she is subject to U.S. income tax the same way as a U.S. citizen BUT ONLY for a portion of the calendar year, from the date of becoming a U.S. permanent resident. Navigating the complexities of the U.S. immigration and tax laws often requires professional legal guidance. Seeking assistance from an experienced immigration attorney well-versed in U.S. taxation can significantly enhance the chances of your successful immigrant planning, ensuring compliance with these intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with our office. We look forward to working with you!
By Kyle Huffman 14 Mar, 2024
Embarking on the EB-5 immigration journey is both a profound personal endeavor and a strategic investment decision. For individuals seeking to make the United States their new home while contributing to its economic landscape, the EB-5 Immigrant Investor Program offers a pathway unlike any other. This program, established by the U.S. government in 1990, provides foreign investors with the opportunity to obtain permanent residency in the United States by investing in job-creating enterprises . However, navigating the complexities of the EB-5 process requires a thorough understanding of its intricacies, requirements, and potential pitfalls. In this guide, we provide a brief overview of the steps and documents involved in the EB-5 immigration process, shedding light on its key components, eligibility criteria, investment options, and procedural steps, empowering prospective investors with the knowledge needed to embark on this transformative journey with confidence. Before selecting a project and making the investment, it is important for an EB-5 investor to meet with an immigration attorney to strategize for the application. It is required to show the Immigration Service that all funds used in the investment were lawfully earned and retained , so your attorney will want to understand where the money for the investment is coming from and where it has been held since it was earned. Once satisfied with the source and tracing of funds, the investor can select a project to invest in. Following the passage of the EB-5 Reform & Integrity Act, certain investment projects have already been pre-approved by USCIS by filing form I-956 and receiving designation as a Regional Investment Center. The required minimum investment is $1,050,000 by default; however, this amount is reduced for investment centers in “Targeted Employment Areas” to $800,000 . After submitting the investment to the regional center, the investor will then work with their attorney to create the I-526 petition. At this stage of the case, it is time to show USCIS the source and tracing of all of the funds used for the investment. The types documentation required in order to show the lawful source and tracing of funds is extremely broad and highly dependent on where the money is coming from in each particular case, but the most common documents include W-2 or 1099 tax forms, federal and state tax returns, bank account statements, purchase and sale contracts from the sale of real estate, stock certificates, loan contracts, inheritance documents, and wire transfer records, among many other possibilities . EB-5 applicants can either process their green cards through USCIS by filing an I-485 application for Adjustment of Status, or process through the consulate in their home country . If already in the United States on another valid status, the Adjustment of Status application can be submitted concurrently with the I-526 petition. If processing through a consulate overseas, the investor will have to wait until the I-526 is approved before beginning the consular process. The primary applicant, along with a spouse and any unmarried children under 21 years of age are able to receive permanent residency through the EB-5 process. At the completion of either process, whether requesting the Green Card within the United States or seeking entry through a consulate, USCIS will issue conditional green cards, with a validity of two years . Within the last three months before the conditional green card expires , the investor and family will need to file an I-829 application for removal of conditions on the green card. At this stage, nearly two years after the investment has been made, the Immigration Service is confirming whether the investment remains in the project and the requisite 10 jobs have been created . Following I-829 approval, the investor and their family will receive permanent green cards, with a 10-year validity. The investor and family will be able to apply for United States Citizenship five years after the initial green card is issued . The conditional green card does count for this purpose, so citizenship will become a possibility approximately 3 years after the permanent green cards are issued. In conclusion, the EB-5 Immigrant Investor Program stands as a unique avenue for individuals around the globe to fulfill their aspirations of living and thriving in the United States. Through strategic investment and dedication to job creation, participants not only secure permanent residency but also contribute to the nation's economic growth and prosperity. However, it is crucial for prospective investors to approach the EB-5 process with meticulous planning, thorough research, and expert guidance to navigate its complexities successfully . By understanding the program's requirements, exploring investment options, and adhering to procedural guidelines, aspiring immigrants can embark on their EB-5 journey with clarity and confidence. Ultimately, the EB-5 program represents more than just a pathway to residency—it embodies the spirit of entrepreneurship, innovation, and opportunity that defines the American dream. If you believe you may qualify for the EB-5 program or if you have any questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
By Denice Flores 07 Mar, 2024
Starting February 27, 2024, Ukrainian citizens who are physically present in the United States can apply for re-parole to continue to remain in the United States. To apply for re-parole the applicant needs to complete and submit Form I-131, Application for Travel Document, and pay the corresponding filing fees to USCIS. To be eligible for re-parole the applicant must show: Ukrainian citizenship The applicant was paroled into the United States on or after February 11, 2022 The applicant is physically present in the United States Urgent humanitarian reasons or significant public benefit for issuance of a new period of parole Compliance with the conditions of the applicant’s initial parole The applicant passed background checks The applicant warrants a favorable exercise of discretion If USCIS approves the re-parole application, the applicant may file Form I-765, Application for Employment Authorization, category (c)(11) to receive a work permit and be able to work lawfully in the U.S. It is important that the applicant waits until Form I-131 is approved to file Form I-765, otherwise, if USCIS denies the re-parole application, the filing fees for Form I-765 may not be refunded. This is great news for Ukrainians who are eligible for re-parole. If this applies to you, do not waste time and apply for re-parole now. If you have any questions or need assistance with applying for re-parole, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
By Olga Guzhva 29 Feb, 2024
Under Publication 519 (2023) , U.S. Tax Guide for Aliens, a nonresident who becomes a U.S. resident under the substantial presence test in the following tax year may choose to be treated as a dual status resident for this taxable year if certain tests are met. You have a dual-status tax year when you have been both a resident alien and a nonresident alien in the same year. Dual status does not refer to your citizenship; it refers only to your immigrant resident status in the United States. In determining your U.S. income tax liability for a dual-status tax year, different rules apply for the part of the year when you are a U.S. resident and the part of the year when you are a nonresident. o When you are a U.S. resident, you are taxed on income from all sources . Additionally, income from sources outside the United States is taxable if you receive it while you are a resident alien. . The income is taxable even if you earned it while you were a nonresident alien or if you became a nonresident alien after receiving it and before the end of the year. The most common dual-status tax years are the years of arrival and departure. Navigating the complexities of the U.S. immigration and tax laws often requires professional legal guidance. If you have any questions about what this means for you, please schedule a consultation with our office. We look forward to working with you!
By Kris Quadros-Ragar 15 Feb, 2024
Embarking on the exhilarating journey of launching a new tech startup in the United States is a venture that blends innovation with ambition, and the dynamic landscape of the country offers an unparalleled stage for entrepreneurs to turn their groundbreaking ideas into thriving businesses. The United States highly values its position among the technology leaders of the world. In a nation fueled by a relentless pursuit of technological advancements, the process of bringing a startup to life involves navigating through a myriad of opportunities, challenges, and regulatory landscapes. This is particularly true for foreign entrepreneurs, who must also navigate the immigration system in addition to focusing on launching their businesses. Nevertheless, the United States recognizes the value in bringing technological innovators into the country and has created special considerations for immigrants with education in STEM (Science, Technology, Engineering, and Mathematics) who are seeking to develop important cutting-edge technologies in the United States. These special considerations apply to the EB-2 National Interest Waiver, an immigrant visa classification which leads to permanent residency, and eventually citizenship in the United States. At the heart of every EB-2 National Interest Waiver petition is a proposed endeavor, and while these proposals for the United States can be about nearly anything, the Immigration Service is directed to recognize particular importance for proposals that aim to develop specific technologies that the Biden administration has identified as critical for U.S. competitiveness and national security. In particular, these areas of critical and emerging technologies include: Advanced Computing Advanced Engineering Materials Advanced Gas Turbine Engine Technologies Advanced Manufacturing Advanced and Networked Sensing and Signature Management Advanced Nuclear Energy Technologies Artificial Intelligence Autonomous Systems and Robotics Biotechnologies Communication and Networking Technologies Directed Energy Financial Technologies Human-Machine Interfaces Hypersonics Networked Sensors and Sensing Quantum Information Technologies Renewable Energy Generation and Storage Semiconductors and Microelectronics Space Technologies and Systems If you are a tech entrepreneur with an education in a STEM field, seeking to launch a startup in the U.S. developing any of these technologies, the EB-2 National Interest Waiver might be your ticket to permanent residency. Whether you're drawn to the iconic landscapes of Silicon Valley or the emerging tech scenes across the nation, the time is now to make your mark. If you are interested in applying for a National Interest Waiver to launch a startup in the United States, schedule an appointment with one of our skilled attorneys.
By Denice Flores 08 Feb, 2024
The Violence Against Women Act also known as VAWA allows spouses, parents, and children of U.S. citizens and Lawful Permanent Residents (LPRs) who have been subjected to abuse to apply for immigration relief. A person may also be eligible to apply for VAWA if his/her U.S. citizen or LPR spouse subjected his/her child to battery or extreme cruelty. A person who is eligible for VAWA can “self-petition,” for the relief. By self-petitioning, the person can petition himself or herself without the abuser’s knowledge, consent, or participation in the process. Here is a brief overview of the VAWA eligibility requirements: 1. Being subjected to battery or extreme cruelty by a U.S. citizen or LPR spouse, parent, and/or child. Battery or extreme cruelty can be physical abuse, violent acts or threats of violence, sexual abuse, verbal abuse and degradation, emotional abuse, isolation, intimidation, economic abuse, coercion, or threats to take away children or to call immigration. 2. Residing or have resided with the abusive U.S. citizen or LPR spouse, parent, or child. 3. As a self-petitioning spouse of an abusive U.S. citizen or LPR, the self-petitioner must also demonstrate that he/she entered the marriage in good faith. The marriage must still be valid or if divorced, the marriage must have ended less than two years prior to filing the VAWA petition. 4. The self-petitioner must demonstrate he/she is a person of good moral character. To determine whether a person has good moral character, immigration looks at the self-petitioner’s criminal and immigration history or lack of. Note, battered spouses or children of U.S. citizens or LPRs, who are in removal proceedings may also be eligible for VAWA relief through cancellation of removal. If you believe you may qualify for VAWA or if you have any questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.

Our Services and Team

Santos Lloyd Law Firm, P.C. has established many practice areas, where each consists of sub-areas of specialization.  Our lawyers are equipped with in-depth legal knowledge and know-how of every jurisdiction covering the following areas:

Business

Business immigration is the largest and most actively evolving part of immigration law. Our immigration law firm covers work visas, investor visas, employment-based green cards, and permanent residence for talented individuals.
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Family

Family immigration is the primary basis for legal immigration to the United States. We help U.S. citizens and permanent residents sponsor their loved ones to be able to legally live and work in the U.S. with visas, green cards and citizenship.
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Entertainment

 Visas O or P are for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
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Athletes

Visas O or P are for the individual who possesses athletics extraordinary ability, or who has a demonstrated record of extraordinary achievement in athletic competition and has been recognized nationally or internationally for those achievements. 
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Student

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program
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Other Legal Services

Other legal representation services in pursuing your lawful Non-Immigrant Visa or permanent residence.
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Our Team


Our immigration attorneys have extensive experience in immigration law and can guarantee you competent and effective legal representation in pursuing your lawful Non-Immigrant Visa or permanent residence. 

Flavia Santos Lloyd, Esq.

Managing Attorney

Attorney Flavia Santos Lloyd is passionate about immigration law and the community she serves. As an immigrant herself, Ms. Santos Lloyd can relate to her clients’ experience during the immigration process. With focus on quality customer service, zealous and diligent representation of her clients, and a proven track record, she has served a wide range of her clients’ immigration needs.

 

Before graduating from law school, Ms. Santos Lloyd worked for 12 years in the immigration law field as a supervising immigration paralegal at a leading Orange County immigration law firm. In total, Ms. Santos Lloyd has been in the immigration field for over 21 years. Attorney Santos Lloyd and her staff are fluent in Portuguese, Spanish, and French.

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Angelica Rice, Esq.
Supervising Attorney
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April Perez, Esq.
Senior Associate Attorney
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Kyle Huffman, Esq.
Associate Attorney
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Kris Quadros-Ragar, Esq.
Associate Attorney
Meet Kris
Denice Flores, Esq.
Associate Attorney
Meet Denice
John Montesanti, Esq.
Associate Attorney
Meet John

Fabiana Araujo, Esq.

Associate Attorney

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Xavier Franxis, Esq.

Of Counsel Attorney

Meet Xavier
Flavia Santos Lloyd Approaches clients with empathy and a growth mindset
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