January 2013 Archives

January 30, 2013

Major Overhaul to Immigration Law May be Coming

Nation of Imm.jpgFor over 10 years, immigrants and their families have come to the immigration Law Offices of J Craig Fong and asked me about any possible changes to the immigration law that will help them. I hear, from clients in Los Angeles, Palm Springs, Canada, the United Kingdom, France, and many other places that they need some change in the immigration law to allow them to stay in this country and pursue their dreams, work productively, be free from persecution, and most importantly, to be united with their families.

For the first time since 1990, a major change in the immigration law may be coming.

You probably already know that the US Congress has been deadlocked for over 4 years, with the members (mostly) of one political party refusing to cooperate with the White House. As a result, a Comprehensive Immigration Reform (CIR) bill has never been seriously discussed. With the results of the recent re-election of President Barack Obama, and (many) members of the Republican party realizing that it is in their best interest to help immigrants, CIR may be on its way. What will it do?

No one knows!

So why am I writing this blog?

For the next few months, you will be reading many ideas, proposals, suggestions, conditions, demands, arguments, and so on about CIR. For right now, you need to know that NOTHING has been decided. Most immigration law observers believe that we will have some real, concrete details before the end of February. Some possibilities:

* A pathway to legalization, or an earned path to residency, for those undocumented people who are already here. This possibility is likely to have a requirement for paying back taxes, paying a fine, and learning English or taking a basic English test. We do not know any more right now.

* A category of immigration for the same-sex couples, where one partner is a US citizen and the other is a foreigner. This possibility is likely to require proof that the couple has been in an exclusive, emotionally inter-dependent relationship for a minimum period of time -- likely, two years. We do not know any more right now.

* A large database of all persons eligible to work in the USA. In order for ANYone get get a job, employers may be asked to register with or check this database to verify that employees are legally eligible to work in the USA. Will they do such checking for foreigners only, or will this include US citizens? We do not know any more right now.

* A big push for even stronger border control, both at the Southern Border with México, the Northern Border with Canada, and at all airports. This might include enhanced exit control, also, to record not only who enters the USA and when, but also who exits. We do not know any more right now.

Remember: nothing has been decided right now. There is no new law right now. You do not need to register. You do not need to sign up. You do not need to file any form right now.

There are many notarios and others who are not licensed to practice law. In order to get money from you, they will try to scare you into thinking that you might do something now in order to preserve an immigration benefit. Please remember: there is NO new law right now.

Good news is coming. Be patient.

If you have questions, if you would like to consult with me, please feel free to give me a call, and I would be happy to discuss your situation or that of your family. --jcf


January 7, 2013

Illegal Presence Waiver Can Now be Processed in USA

Alt Route Waver.jpgOver many years, the immigration Law Offices of J Craig Fong has counseled many immigrants who have come to the USA without passport or visa, or who have come legally but overstayed. In many of these case, it has not been possible to process the paperwork for an immigrant visa (the green card) without first having the immigrant depart the USA to go back to the US Embassy in the home country for an interview. In some cases, this means that the immigrant must file an I-601 Waiver of Ground of Inadmissibility at the US Embassy and wait months for a decision. And if the I-601 is denied, the immigrant cannot be reunited with family in the USA for 3 or 10 years!

For this reason, many green-card eligible applicants are afraid to leave the USA for their interview; they are afraid that if their I-601 waiver is denied, they will not be able to return to their families for 10 years. The risk of NOT being granted the waiver is too great, so they have avoided legalizing altogether.

Until now.

In early January 2013, Department of Homeland Security Secretary Janet Napolitano announced a new procedure. This new procedure -- called the I-601A Provisional Waiver -- still requires the immigrant-applicant to apply for the waiver, to seek a pardon for coming to the USA without papers, or for overstaying. However, this request for a waiver can now be filed before departure from the USA and before going to the interview at the American Embassy. In this way, the immigrant-applicant will know provisionally whether they will be able to return quickly after their Embassy interview or not -- before leaving the USA.

Continue reading "Illegal Presence Waiver Can Now be Processed in USA" »

January 1, 2013

Law Offices of J Craig Fong

Changes Ahead2.jpgAfter practicing law together for almost one decade, Eileen Chun-Fruto and I have evolved into different forms of law practice. I will continue to practice immigration and nationality law, handle consultations, and do my blog here at my offices in Los Angeles and in Palm Springs. The firm name is now, "Law Offices of J Craig Fong." You can reach me, as before, at Tel: +1.323.769.8187 -- this is the same phone number you have used in the past. My new e-mail address is: j@jfonglaw.com . My webpage is now: http://www.jfonglaw.com .

My practice will continue to focus on families, waivers, small business investors, intra-company transferees, and investor visas. Also, as I have been for all 30 years of my law work, I remain very devoted to counseling, advocating for, and working with non-traditional families.

Eileen Chun-Fruto now practices immigration law with a law firm in downtown Los Angeles. She can be reached at echun@fongandchun.com.

Law offices change forms for many reasons. Eileen and I have parted as friends and colleagues. If for any reason you have questions about your case with the former office of Fong & Chun, llp, you are free to contact either one of us. We are now -- as we always were before -- committed to high quality immigration law work, where each case is treated individually and with respect for your family, your business, and your concerns. --jcf