February 17, 2011

Dangerous Arizona Hospital Law Withdrawn

caduceus1.jpgA bill was proposed in Arizona that would force hospitals to check the immigration status of patients. Like many advocates for immigrants, family immigration lawyers at Fong & Aquino see many situations here in California where such a bill would discourage people who genuinely need medical help from seeking that assistance. It appears that this proposed law -- a bad immigration idea, and a bad public health idea -- was removed from consideration by the Arizona Senate today.

For very good reasons, doctors and other health care providers would not want to be forced into the role of immigration officers. Health care professionals must establish a relationship of trust with their patients, and if the patient is afraid s/he might be turned in, the patient might not seek needed medical care. Whether we like immigrants or not, it is not a good idea from a public health point-of-view to allow sick or injured people to walk around untreated.

Serious contagious conditions like tuberculosis, H1N1 influenza, whooping cough, measles, and many others should be treated -- no matter who contracts them. It is in America's best public interest to keep such diseases under control. --jcf

February 15, 2011

Employment Authorization and Advance Parole Cards

Clients who file their permanent residency applications through Fong & Aquino are always advised to use employment authorization and advance parole (often referred to as "travel permit") documents with caution. As of February 11, 2011, USCIS has begun issuing employment authorization and advance parole documents in ONE SINGLE CARD, and as a result, the attorneys at Fong & Aquino are concerned that applicants for permanent residency do not utilize the card without a careful analysis of whether using the card might jeopardize their current status or prevent them from re-entering the US after traveling abroad!Screen shot 2011-02-15 at 12.59.51 PM.png

For many applicants who are applying for greencards through employment, using an employment authorization card with a company other than the sponsoring employer can be a violation of the applicant's current non-immigrant visa status. In some cases, this can result in a denial of the entire adjustment of status application!

It is very common for some applicants to be granted the advance parole document by USCIS, although leaving the country, even with the advance parole in hand, could bar them from re-entering. This scenario is typical for those who face the 3 or 10 year bar because of unlawful presence. Please contact the attorneys at Fong & Aquino if you or someone you know is applying for permanent residency. ---ecf

February 8, 2011

Ninth Circuit Declines to Punish Immigrants for Government Delay

Individuals who seek the assistance of the immigration attorneys at the Los Angeles Fong & Aquino often marry their spouses after they are placed into removal proceedings. The question then became: how much patience will the Immigration Judge have while the government determines if it was a "bona fide marriage," or if it one entered solely to save the respondent from deportation?

The Ninth Circuit U.S. Court of Appeals recently determined that an immigration judge cannot deny a request for a continuance simply because the government takes too long to adjudicate cases. In Malilia v. Holder, the Ninth Circuit considered the case of an individual who married his fiancee while he was in removal proceedings. Mr. Malilia's lawyer requested that the judge wait until U.S. Citizenship & Immigration Services made a decision on the petition filed by Mr. Malilia's wife. The judge denied the request for a continuance, finding first, that there was a presumption that Mr. Malilia had married his wife in order to obtain immigration benefits and second, that USCIS would take an "unpredictable period of time" to adjudicate the marriage petition. Because Mr. Malilia was not then eligible for relief, the judge ordered his removal from the United States and Mr. Malilia appealed. During the course of Mr. Malilia's appeal, USCIS determined that the marriage was bona fide and approved the petition.

Ultimately, the Court sided with Mr. Malilia. The Court agreed with the Immigration Judge that a presumption exists. However, the Court noted that the presumption can be overcome by evidence presented by the couple. In other words, the couple must have an opportunity to persuade the government that their marriage is genuine and not for the purpose of obtaining immigration benefits. This process takes time -- months, sometimes years.

While this process is pending, an Immigration Judge should hold the court proceedings and wait for a determination from USCIS. The Court acknowledged the lengthy period of time that it takes for USCIS to make these determinations, but found that for an Immigration Judge to deny a continuance on that basis would punish the individual for the government's delay. Immigration Judges should consider a number of factors when determining whether to grant a continuance in a court case. However, the Court noted that "delay that is not attributable to the respondent augurs in favor of a continuance." The Court remanded Mr. Malilia's case to the Immigration Judge so that he could pursue adjustment of status based upon the approved marriage petition.

Although this decision had a favorable outcome for the respondent, every individual's case is different and involves different issues. If you are in removal proceedings, you should speak with an experienced immigration attorney to consult about all of your options. ---RA

February 7, 2011

Romben Aquino: Immigration Court and Federal Proceedings

Rom.pngLike many other areas of the law, immigration and nationality law is vast and complex. It has come to the point where no one attorney can truly know ALL of immigration law. For this reason, the lawyers of Fong & Aquino in Los Angeles are very happy to welcome Romben Aquino as of counsel to our firm. Romben will handle the deportation (removal), asylum, appellate, and other specialized cases in our office.

My law partner, Eileen Chun-Fruto, and I have long wanted someone to handle the litigation cases in the office, most especially because the current administration's immigration policies have resulted in record numbers of deportations (removals) from the United States. Finding such a person was not easy. Eileen and I have very strong ideas about the way that an attorney should practice immigration law. We are thrilled to have Romben Aquino as part of our team.

Romben is the son of immigrants. A graduate of UCLA and Northeastern University School of Law, he is keenly aware of how important an attorney's role is in counseling immigrants and their families. He has worked with a well-known immigration law firm in New York City and a firm in the San Fernando Valley. The litigation and appeal process is challenging and requires a strong, keen mind and a feeling heart. Romben has both.

Romben will continue to handle cases for Cancellation and Withholding of Removal, asylum, claims under the Convention Against Torture, other defenses against deportation, and all kinds of immigration-related appeals. He can be contacted at Fong & Aquino at +1.323.769.8187. --jcf

February 3, 2011

Prohibited Articles at the US Embassy or Consulate-General

Hand Stop.jpgThe immigration lawyers at Fong & Aquino prepare hundreds of visa applications annually. We handle visa applicants from the UK, France, Spain, Switzerland, China, Japan, Canada, México, El Salvador, Argentina, Australia, Nigeria, Ghana, South Afrika, and dozens of other countries.

Under some circumstances, our clients, whether they are here in Los Angeles or elsewhere, must leave the USA to obtain their visas from the US Embassy or Consulate-General outside the USA.

Because of heightened security concerns at US posts abroad, many everyday articles MAY NOT be brought into a US Embassy or Consulate. The obvious ones are: fire arms, ammunition, sharp weapons. But other prohibited items include:

Electronic Devices
photographic cameras
video cameras
mobile telephones
two-way handhelp radios
portable radios
portable DVD players or "Game Boys"
laptop computers
magnetic diskettes
memory sticks or thumb-drive USB memories
batteries
calculators
any electronic cables

Metallic Objects
pocket knives
metallic scissors
metallic ball point pens
belts with metallic buckles
pencil sharpeners

Personal Articles
cigarettes, cigars
lighters
matches
lanyard or cord for ID pouch

Cosmetic Articles
eyebrow clippers
eyelash curlers
metallic nail files
any aerosol products
mirrors
glass containers (e.g., perfumes, mascara, etc.)
razors

Some of these items seem silly, but because of incidents that have happened at some US posts, you should not bring any of these things to a consular appointment. If you do, you will be forced to leave the item behind -- and the US posts DO NOT have any facilities to check personal belongings -- which could cause you to be late for or miss your appointment! --jcf

February 1, 2011

Citizenship Numbers: 2009 and 2010

flag+liberty.jpegThe USA naturalizes about 680,000 new citizens per year, at ceremonies across the USA and around the world. For many immigration law clients of Fong & Aquino, US citizenship is their goal. For many, US citizenship is the culmination of a life-long dream.

In 2009, just under 75% of all newly-naturalized persons resided in ten states (in descending order): California, New York, Florida, Texas, New Jersey, Illinois, Virginia, Massachusetts, Washington, and Maryland. The leading metropolitan areas were:
* New York, Northern New Jersey, Long Island: 15%
* Los Angeles, Long Beach, Santa Ana: 11%
* Miami, Fort Lauderdale, Pompano Beach: 7.3%

The top countries of origin for the newly-naturalized citizens were (in order):
* México
* India
* Philippines
* China
* Vietnam

For 2010, the USA naturalized 675,967 new citizens. --jcf

January 31, 2011

H-1B Cap Reached, Now What can I do?

So the H-1B cap for FY 2011 was finally reached on January 26, 2011. Petitions delivered to a USCIS service center on the 26th, will undergo the H-1B lottery, and if you "win" a slot for the coveted last day to submit an H-1B for FY 2011, your case will go on towards adjudication. Petitions that do not get "chosen" through the lottery, will be returned, along with filing fee checks and all documentation.

For the rest of you reading who are still looking for a job, or perhaps using your time on OPT which may expire in the next few months, the obvious question is "what next?" Aside from getting your petition ready for an April 1, 2011 filing (allowing an October 1, 2011 start date), the options care woefully limited.

F-1 students with degrees in the so-called "STEM" majors (science, technology, engineering and medicine) can apply for an extended OPT period. Others may be out of luck if they can't find a job offer that is H-1B eligible. Other than extending F-1 status by pursuing another degree or perhaps some type of certificate program in your major, some people will opt for a J-1 internship which allows professional graduates to work for up to 18 months in an internship program that is certified by USCIS through a J-1 sponsoring organization. Other options might be an O-1 if you are of extraordinary ability or perhaps you might be eligible for an investors visa if you are the entrepreneurial type. For more information on what your options might be, visit our website at www.jfonglaw.com and fill out an intake form so we can help you decide your next move. --ecf

January 27, 2011

"Are we there yet?" -- Ready Lanes open for RFID-Documents

toll booth.jpgThe most important initial concern for any visitor to the USA is being able to enter the USA. at Fong & Aquino, our immigration law clients want to be able to clear customs and immigration -- here in Los Angeles, or at any other port of entry -- as quickly as possible; our job as immigration lawyers is to help them do so.

US Customs and Border Protection (CBP) has started a test program, running until about 19 March 2011, at the US border crossing at El Paso/Ysleta, permitting use of a "Ready Lane" by those who have certain approved documents. The documents must be approved Radio Frequency Identification (RFID) technology-enabled travel cards, documents, and passports. Only those with RFID-compliant documents may use the dedicated "Ready Lane."

To use the "Ready Lane," each passenger over age 16 in the vehicle must have an approved RFID-enabled document, such as a US passport card, the new Border Crossing Card, the new green Permanent Resident card, and other approved documents. Then:

* Stop at the entry to the inspection lane; wait for the signal to move forward;
* Each passenger must remove and "hold up" the RFID document, with the flat face toward the window on the driver's side of the vehicle; at this point, each RFID card will be "read" by the CBP scanner; proceed to the inspection booth; and
* Stop at the inspection booth and be ready to show the documents of ALL TRAVELERS to the CBP officer at the booth.

CBP says that this program will reduce the wait time to cross the border. If the pilot program is successful, it may be replicated at other US land borders. --jcf

January 24, 2011

Non-lawyers and Notaries -- Dangerous Advice!

notequal.jpegIn recent years, the immigration attorneys at Fong & Aquino in Los Angeles have heard an increasing number of horror stories of people who have sought legal advice or assistance from consultants, non-lawyers, and notaries public. In many of these cases, the advice given or the work done has been seriously flawed -- and it is the immigrant who suffers. USCIS is starting to crack down on those who are not qualified to advise immigrants.

An immigration consultant or notary is not the same as an immigration attorney. They are not trained to recognize fact patterns, not trained to read and analyze the law and statutes, and they are not required to stay current on recent developments. For all these reasons, even if someone does not want to work with me -- and everyone is entitled to a preference -- I urge anyone with an immigration case to seek the counsel of a licensed attorney. Because US immigration law is a Federal matter and not a State matter, an attorney licensed in any of the fifty states or the District of Columbia will suffice, as long as s/he focuses on immigration and nationality law.

US Citizenship and Immigration Services (USCIS) is beginning to collect information and investigate persons who are engaged in the unauthorized practice of law. The investigations are starting in selected areas and will go nationwide afterwards. --jcf

January 20, 2011

What DOES the Computer Say?

QuestionMark.jpgAs an immigration law firm, Fong & Aquino in Los Angeles receives questions about "what does immigration know about me" or "what does the computer at the airport show."

As a matter of national security, this information is not officially made available; however, a recent discussion with a client has provided a few clues. A young, female client was entering the USA at an international airport, and the officers saw entries in the computer, and they knew:

* all of her entries to and exits from the USA,
* that she was a dual-citizen of a country in Europe and a country in South America,
* that she had used the South American passport before, and asked why she was using the European passport now,
* that she had a visa in the South American passport, and why she is not using that visa now,
* that the last time she came to America, she had a return ticket that she did not use, and why didn't she use it, and
* that when she was a student in America five years ago, she had a California driver license.

Immigration fraud is a serious matter, and the border guards have significant information about many people who enter the USA. --jcf

January 18, 2011

Starting a PERM Case?

I've been fielding a lot of calls for PERM lately. I'm not sure if it's related to the fact that indications for the private sector and employment numbers are on the rise or if it's the beginning of a new year and everyone wants to start their permanent residency applications, or just what.

Either way, I wanted to summarize just what it takes to start and submit a successful PERM application. PERM, which is the formal name for the Department of Labor's (DOL) foreign labor certification application, Form ETA 9089 - is a complicated process. Before an applicant even deals with the USCIS, an applicant's employer must conduct a formal recruitment campaign, setting out advertisements for the employment opportunity and only after weeks of advertising plus a 30-day quiet period, can a PERM application be submitted. A useful overview of the entire process can be found at our website: www.jfonglaw.com

In the meanwhile, a lot of things must be achieved during this time: DOL's independent verification of the company's existence, a prevailing wage determination also by DOL, and of course, meticulous documentation of the advertisings and recruitment results. If all goes well, a PERM applicant may see their application lodged with the DOL some 2-4 months after starting the process. Current processing times once a labor certification has been submitted are surprisingly short right now. Our office recently received a labor certification approval within 2.5 weeks of submission. And while I can't ensure that this trend continues, it is a welcome surprise. I will explain the second and third stages to a PERM application in the next blog, so please check back in a couple of days. ---ecf

January 6, 2011

H-1B 2011 Quota Count

Happy New Year, everyone! Although we were disappointed by the defeat with the DREAM Act, we are still here to update you on H-1B quota numbers as of December 31, 2010:

Advanced degree cap has received 20,000 applications.
Regular H-1B quota cases: approximately 57,800 have been receipted.

Advanced degree applicants who don't make the 20,000 cap will have their cases can still have their applications adjudicated as a regular H-1B cap case. If you would like a free consultation regarding a possible H-1B case, please give the attorneys at Fong & Aquino a call.
--ecf

December 1, 2010

DREAM ACT in Congress Again!

ist1_404514-glory.jpg

Just last night, Majority Leader Reid (D-NV) filed a new version of the DREAM Act in an effort to get the 60 required votes to pass the Senate where a vote may occur as early as Monday.

This new version of the DREAM Act includes the following provisions:

  • Excludes from eligibility those with certain criminal convictions, such as for offenses punishable by a maximum term of more than 1 year (felony) or 3 misdemeanors
  • Requires all applicants to provide their biometric data to DHS, to submit to background checks and medical examination, and to register for military selective service
  • Requires applicants to pay all taxes
  • Sets the cut-off age to those who are less than 30 years-old on the date of enactment
  • Provides a "safe harbor" from removal only to those applicants who present a prima facie case of eligibility
  • Extends the good moral character requirement back to the date the alien entered the United States rather than the date of enactment of DREAM
  • Expands the applicable grounds of inadmissibility to include the health-related, public charge, smuggling, draft dodging, and unlawful voting grounds
  • Expands the applicable grounds of deportability to include public charge, unlawful voting, and marriage fraud grounds
  • Excludes those who participated in persecution
  • Clarifies that no one can apply before 1 year after enactment
  • Requires applicants to demonstrate eligibility by a preponderance of the evidence
  • Eliminates repeal of the in-state tuition ban
  • Defines institution of higher education to include only U.S.-based programs
  • Requires those who subsequently apply for adjustment to meet the English language and civics requirements typically required for naturalization
  • Expands the circumstances where disclosure of confidential information about DREAM applicants is required for homeland security or national security purposes
  • Creates conditional nonimmigrant status for 10 years, followed by 3 years of LPR status prior to application for naturalization

The attorneys at Fong & Aquino urge you to to show support for the DREAM Act by calling your member of Congress today. ---ecf

November 30, 2010

H-1B Quota - Numbers are Still Moving Upwards

Fiscal year 2011 has been a relatively slow year for H-1B usage. Whether it's the economy or increased scrutiny of H-1B petitions or increased H-1B filing fees, I thought you might want to know that the quota is still open.

As of November 22, USCIS informed the public that approximately 48,977 cases have been counted against the general quota and approximately 17,836 cases have been counted against the advanced degree quota.

If you would like help in submitting a successful H-1B case, call the attorneys at Fong & Aquino for a free H-1B consultation. ---ecf

November 16, 2010

Reminder: USCIS fees increase on 23 November 2010

B&W $.jpgPlease remember that fees for most filings with US Citizenship and Immigration Services (USCIS) will increase on 23 November 2010. Applications submitted with incorrect fees will be rejected, and such a rejection could result in the applicant falling out of status in the USA, so it's important to be sure to file with the correct fee.

The USCIS statement about the increased fees, and the list of the increased fees, can be found here. --jcf