Category: Law

What You Need to Know About the New Trump Gold Card Processing Program

Posted on December 12, 2025 by - Law

The Department of Homeland Security has launched a new immigration program under the Trump administration: the Trump Gold Card Processing system, now live at trumpcard.gov. The program introduces three high-investment options for individuals and corporations seeking expedited immigration benefits. While marketed as streamlined, each option involves complex eligibility requirements—and significant financial commitments.

 

1. Trump Gold Card (Individual)

 Designed for individuals who can “substantially benefit the United States”—a term not yet clearly defined.

Fees

  • $15,000 non-refundable processing fee
  • $1 million gift upon completion of vetting

 

Status & Eligibility

Successful applicants may obtain permanent residence through the EB-1 or EB-2 categories, but must be “admissible” under 8 U.S.C. § 1182. Many applicants, including those already in the U.S., may require legal analysis or waivers.

Immediate family members may apply, but each must pay the full fees.

 

2. Trump Platinum Card (Coming Soon)

 A waitlist-only option allowing individuals to live in the U.S. for up to 270 days per year without U.S. taxation on foreign income.

  • Contribution: $5 million
  • Expected to mirror Gold Card eligibility rules

 

3. Trump Corporate Gold Card

 For employers seeking to sponsor employees.

 Fees

  • $15,000 processing fee per employee
  • $2 million gift per employee
  • 1% annual maintenance + 5% transfer fee

A notable feature: corporations may reassign their $2 million contribution to a different employee without repaying it.

 

Before You Apply: Get Legal Guidance

 These new programs combine high financial stakes, undefined standards, and complex immigration eligibility rules.

Before submitting any payments, it is essential to understand:

  • Whether you qualify under inadmissibility laws
  • Whether EB-1 or EB-2 classification fits your background
  • Expected processing times and visa availability
  • Risks for families and corporate sponsors

 

Our Firm Can Help

At Hoffman & Forde, we can evaluate your eligibility, guide you through admissibility concerns, and help you determine whether one of these programs—or another immigration option—best meets your goals. Call us today at 619-546-7880 to schedule a consultation.

Let us help you navigate this new and evolving immigration landscape with clarity and confidence.

Important Legislation Effective 2024

Posted on March 14, 2024 by - Law

A row of colorful houses with different architectural styles, lined up side-by-side. There are trees with green leaves in front of the houses.

Selling A CA Home In 2024? Know The New Disclosure Law (AB 968)

As 2024 unfolds, if you’re a California resident involved in buying or selling a single-family home, there’s a new law you need to be aware of. This blog post specifically focuses on Assembly Bill (AB) 968, which introduces important disclosure requirements for sellers that take effect on July 1, 2024.

What Does AB 968 Mean For You As A Seller?

This law applies to you if you’re selling a single-family home and accept an offer within 18 months of buying the property yourself. In such cases, you’re now required to disclose the following information to potential buyers:
  • Details of any major changes made to the property – this includes room additions, structural modifications, alterations, or repairs done by a contractor since you became the owner.
  • Contractor information – this includes the names and contact details of any contractors involved in the mentioned modifications, as provided to you by the contractor.

Alternative Fulfillment

Instead of providing individual details for each modification, you can offer a comprehensive list of all contractor-performed modifications, including their contact information.

Permit Disclosure

  • If you have copies of any permits obtained for the work done – you must provide those copies to the buyer.
  • If you didn’t receive permit copies from the third party who did the work – you can fulfill the requirement by informing the buyer that:
    • Permit information might be available from the third party.
    • Providing the contact details of the third party.

Impact on “Flippers”

If you buy a property, renovate it, and resell it quickly, you’re considered a “flipper.” As of July 1, 2024, you’re legally obligated to disclose the details mentioned earlier regarding any modifications made during your ownership.

Need Legal Advice?

Unsure about your obligations under AB 968? Please schedule a consultation with us at (619) 546-7880. Our experienced intake specialists will collect the relevant information needed to determine how we can assist.

These New California Laws Take Effect in 2024

Posted on February 29, 2024 by - Law

Last year, California Governor Gavin Newson signed several major laws passed by the state legislature. These bills, all of which went into effect January 1, impact a wide range of California residents, including business owners, employees, non-profit institutions, and even some Mexican residents looking for access to more affordable education.
Here are some of the changes you can expect to see in 2024. 

Extended Sick Leave  

Until recently, California law only required employers to provide employees three days (24 hours) of paid sick leave. As of January 1, California workers are entitled to five days (40 hours) of paid sick leave.

It’s worth noting that this change only extends to employees who have worked for the same employer for at least 30 days. The law applies to the following employees: 

  • Full-time
  • Part-time
  • Workers hired on an as-needed basis
  • In-home supportive service providers
  • And temporary employees

There are a few minor exemptions, but the law applies to most workers who meet the 30-day employment requirement. 

Protection For Recreational Marijuana Users

Late last year, Governor Newsom extended California’s Fair Employment and Housing Act (FEHA) with Senate Bill 700, a bill designed to protect workers from discrimination related to cannabis use. The bill prohibits employers from requesting information related to applicants’ prior use of marijuana.

In addition to Senate Bill 700, Assembly Bill 2188 further protects employees and applicants by prohibiting employers from:

  • Discriminating against employees who use cannabis on their time, outside of work
  • Taking adverse action against an employee who shows the presence of non-psychoactive cannabis metabolites (substances that do not cause a “high” or impair one’s ability to work)

There are some exceptions, however. The bill does not extend to construction workers and those applying to positions that require a federal background check or security clearance. 

More Access to Affordable Housing

It’s no secret—California has long ensured a housing shortage.

The new Senate Bill 4 bill opens up 170,000 acres of land for affordable housing, allowing non-profit colleges, churches, mosques, and other faith organizations to transform excess land and parking lots into affordable housing.

This new law allows qualifying institutions to bypass local permit restrictions to address California’s homeless crisis.

It’s also worth noting that Senate Bill 423 further strengthens affordable housing development by expediting approvals of affordable housing projects and introducing new labor standards that will make these projects more appealing to construction unions. 

In-State College Tuition For Some Mexican Residents

Nearly 170,000 people crisscross the California-Mexico border daily for work, school, or recreation. Assembly Bill 91 gives some individuals greater access to affordable education in the United States.

More specifically, the bill allows low-income students from Mexico who live within 45 miles of the border to pay in-state tuition at eligible community colleges. This five-year pilot program begins this year. 

Questions About How These New California Laws Impact You? We Have Answers.

These new changes have broad implications for many California residents and businesses. If you have questions about how they impact you, contact the experienced legal team at Hoffman & Forde. We specialize in immigration law, real estate, administrative law, and more and can help you successfully navigate these changes.  

New ADU Laws in California: What You Should Know

Posted on October 25, 2023 by - Law

California is in the middle of an affordable housing crisis. City populations have swelled, along with home rental prices. The effects of a general lack of affordable housing are dire, pushing residents toward financial hardship and even homelessness.

In response to this crisis, state and local lawmakers are looking into accessory dwelling units (ADUs) to alleviate the pressure. As a cheaper and more flexible alternative to constructing new multi-family apartment buildings, ADUs are a viable way to add housing quickly. To promote new construction, the state legislatures have passed several new laws to reduce barriers and ease restrictions.

Here are some important changes to California ADU law that took effect in 2023.

Relaxed Height Restrictions

Despite the benefits of adding ADUs, not every community is on board with the idea, and some local governments have tried to deter homeowners from building ADUs by imposing restrictions such as on the maximum size of the dwellings. Under the changes included in Assembly Bill 2221, local authorities may impose height restrictions on ADUs, but they may not set a maximum height less than 16 feet. 

Additionally, there are circumstances where the limit is even higher:

  • If the structure is located within half a mile of a public transit stop: 18 feet
  • If the property already has a multi-family dwelling that is at least two stories tall: 18 feet
  • If the ADU is attached to the primary dwelling: 25 feet (If allowed by zoning laws for the primary dwelling)

60-Day Permitting Rule

Since 2020, state law has required that local permitting agencies either approve or deny a permit to build an ADU within 60 days of receiving the application. With the surge in applications, many agencies denied permits for little reason, just to avoid violating the 60-day rule. 

The new rule requires agencies to list their reasons for denying a permit. This is intended to force the agencies to take a closer look at each application and only deny them for good cause. Also, the scope of the 60-day rule has been expanded to include more entities, such as utilities and water districts.

Front Setbacks

Some local agencies denied ADU building permits based on setback requirements (the distance from the structure to the property line). Under the new changes to the law, if an ADU is no greater than 800 square feet in size, local authorities may not impose a front setback requirement. They may still impose rear and side setback requirements of no more than four feet.

Fire Sprinklers

Building an ADU used to trigger a Group R occupancy change for the property, requiring fire sprinklers to be installed in the primary dwelling. That is no longer the case.

Denials Based on Unpermitted Work

Formerly, ADU permits could be denied because there was existing unpermitted work that had been done to the property. Now, they can only be denied for this reason if the unpermitted work is a safety or health concern.

Demolitions

Many homeowners want to demolish or convert existing structures, such as garages, to build an ADU. To discourage this, some local agencies approved the building permit but refused to provide the demolition permit. Under the 2023 changes, cities cannot withhold a demolition permit if they have already approved the ADU permit.

Talk to a Real Estate Specialist

Building an accessory dwelling unit is a great way to alleviate the housing crisis and provide extra income to homeowners. The latest changes to the law make it an even more attractive option. However, even with the easing of restrictions, there are many bureaucratic rules to navigate, and local permitting agencies may continue to obstruct ADU construction. 

With the help of an experienced real estate attorney, you can clear these hurdles and get your project moving forward faster. To speak with a member of our legal team, schedule an appointment today.

Proposition 13: What Is It and How Can We Help

Posted on June 15, 2023 by - Law

Proposition 13

Proposition 13, or Prop 13 as it’s often called, is one of California’s more famous voter-approved propositions, as it has profoundly affected homeownership and the housing market in the state for over 40 years. Depending on who you ask, it’s been instrumental in keeping older people from losing their homes due to unreasonable tax increases, or it’s kept young people stuck perpetually renting their homes and primarily benefited corporations by slashing their property taxes.

Whether or not you agree with Proposition 13, it’s good to know the facts. Let’s discuss what it is and how having the services of a real estate attorney may help you navigate its intricacies and save you thousands of dollars per year.

What Is Proposition 13?

Prop 13 was an amendment to the California Constitution approved by state voters in 1978. It was meant to address the problem of California’s rapidly increasing home values resulting in massive increases in property taxes that could force people out of their homes. For example, a retired person who had purchased their home 30 years ago for $50,000 could quickly find their home assessed at a value of $300,000, which would cause a 600% spike in property taxes.

The key components of Prop 13 are:

  • Property taxes are capped at 1% of the property’s assessed value
  • While the same person holds the property, the total property tax can only increase at a maximum annual rate of 2%
  • When title to the real estate is transferred to another person, the value is then reassessed

Reassessment typically leads to higher property taxes for the new owner, as real estate prices in the state have traditionally risen at an annual rate far greater than 2%. Suppose the new assessed value is lower than the original assessed value (perhaps due to economic recession). In that case, the property’s value will be reassessed annually until it matches or exceeds the original assessed value. At this point, the normal 2% rules kick in.

Crucially, not all transfers of title will trigger a reassessment. Here are some of the most common scenarios in which a property can be transferred without reassessment.

  • Transfers between spouses
  • Transfers from parent to child
  • Transfers from grandparent to grandchild, if both parents of the grandchild are deceased
  • For people aged 55 or older, replacement of a principal residence of equal or lesser value in the same county or in one of the so-called “accommodating counties,” wherein the assessed value of the former home may be carried over to the new home
  • Transfer upon the owner’s death to a co-owner who has been residing at the property for more than a year before the other owner’s death

Taking Advantage of Proposition 13’s Benefits

Knowing how Prop 13 works and how to take full advantage of it can lead to significant tax savings. This is mainly accomplished by transferring the title in such a way as to avoid reassessment because, in case it wasn’t already clear, reassessment is seldom good. For example, a home with an assessed value of $150,000 could easily be reassessed at $500,000, with property taxes jumping from $1,500 to $5,000.

If you are planning on selling or gifting your home to a family member, domestic partner, or someone similar, it is a good idea to consult with an attorney to make sure that transfer is done in such a way as to avoid reassessment. Talking to one of our experienced real estate experts can save you or your loved ones thousands of dollars in unnecessary tax bills. To schedule a consultation, contact our office today.

What is Administrative Law?

Posted on November 30, 2020 by - Law

There is no universally accepted definition of administrative law, but rationally it may be held to cover the organization, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another and with citizens and nongovernmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials. 

 

Administrative law is to a large extent complemented by constitutional law, and the line between them is hard to draw. The organization of a national legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law, whereas the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law. But some matters cannot be exclusively assigned to either administrative or constitutional law.

 

In the United States, administrative law (or regulatory law) is a branch of public law that applies to federal as well as independent agencies. Administrative federal law defines the duties and responsibilities of executive branch agencies and independent agencies; when the executive, legislative, and judicial branches of federal government are unable to directly carry out their constitutional duties, federal- and state-level government bodies issue directives to monitor activities in complex areas.

 

In California, “[t]he Office of Administrative Law (OAL) ensures that agency regulations are clear, necessary, legally valid, and available to the public. OAL is responsible for reviewing administrative regulations proposed by over 200 state agencies for compliance with the standards set forth in California’s Administrative Procedure Act (APA), for transmitting these regulations to the Secretary of State and for publishing regulations in the California Code of Regulations.”

Administrative Procedure Act

The Administrative Procedure Act (APA) enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and grants U.S. federal courts oversight over all agency actions. It is one of the most important pieces of United States administrative law, and serves as a sort of “constitution” for U.S. administrative law.

Hoffman & Forde’s Administrative Law Firm Services

Our team of attorneys are experienced defending professionals from malpractice claims, regulatory complaints and licensing board hearings in California. Our attorneys bring years of success to administrative and professional licensing law having represented every kind of licensed professional including medical personnel, real estate agents & brokers, accountants, engineers, contractors, social workers, insurance brokers, and fiduciaries. Business owners & managers are subject to the influence of government and the law in the workplace. When facing reproval, penalties, fines, probation, suspension, revocation or even a lifetime ban trust our attorneys to defend your license and your livelihood.

Your Southern California Administrative Law Attorneys

At Hoffman & Forde, our attorneys are experienced California administrative law attorneys, and we defend licensed professionals and businesses before the Medical Board, Department of Insurance, Department of Real Estate and other California licensing agencies. We have many years of administrative hearing experience before the Office of Administrative Hearings (OAH), as well as license defense experience in other administrative law forums.

As a boutique law firm, we have experts across disciplines and relevant industries. With our creative solutions, your estate plan will be tailored to you and your goals. Invest in legal advice and set up your family for the future for peace of mind. Call us today for a consultation.

USCIS Increases Fees in 2020

Posted on September 20, 2020 by - Law

The USCIS is fee funded unlike other government agencies. After their biennial fee review, the agency is adjusting their fees “to help meet operational needs.” People seeking naturalization as US citizens, or those who wish to travel and work here can expect an increase in their fees. The Department of Homeland security announced that this increase will be effective starting October 2. This final rule increases fees by a weighted average of 20% and it affects a few things:

  • Removal of certain fee exemptions
  • Changes in fee waiver requirements
  • Premium processing time limits
  • New fees for certain immigration benefit requests
  • Establishing multiple fees for nonimmigrant worker petitions
  • Limiting the number of beneficiaries for certain forms 

(Source)

Additionally, the USCIS notes that “[a]ny application, petition, or request postmarked on or after this date must include payment of the new, correct fees established by this final rule.” The final rule also increases fees for employment-based nonimmigrant visa applications; however, fees for employment-based visas will decrease from $700 to $555. Most fee waivers are also eliminated for low-income immigrants who qualify.

While the changes eliminate most fee waivers, it adds a new asylum application fee, and requires separate fees for adjustment applications. The rise in fees is on par with the agency’s last adjustment, but the 20% bump is still significant.

How Our Immigration Lawyers Assist Clients

No matter your status or goals for immigration, our immigration attorneys at Hoffman & Forde can assist you with a variety of legal services. Hoffman & Forde represents individuals, businesses, and even corporations for various immigration cases. Our attorneys can assist clients with the following:

  • Permanent residency
  • Employment-based visas
  • National citizenship
  • Deportation defense
  • Citizenship applications
  • Employment-based visas
  • Investor-based visas
  • Family green card petitions
  • Green cards through marriage 
  • Waivers
  • Consular processing

The immigration process can be complex. There are many moving parts but our experienced attorneys ensure that you have quality representation throughout the process. We work closely with our clients to provide thorough case assessments and present the best proposals for your legal status.

Your Southern California Immigration Attorneys

Hoffman & Forde is here to help you achieve the American Dream. If you are undocumented in this country, remember that you still have rights and we’re here to defend them. We help clients in San Diego, Los Angeles, and Orange Counties to stay on track of crucial information and deadlines, as well as assist with completing and submitting all the necessary paperwork. As our client, you can with first-class legal service, high-level attention, and a sophisticated approach to problem-solving that utilizes time-sensitive, practical legal advice.

If you need legal assistance with your immigration process, please contact us today for a consultation.