Immigration Visa Attorney Blog

Chile: an 8.8 magnitude earthquake hit Chile today. Lasting 90 seconds it was 500x more powerful than the one that shook Haiti. Tsunami warnings and alerts are now in place from South America to Asia and throughout the Pacific. Evacuations have already begun in Hawai'i. Fong & Chun, LLP sends a message of hope and support to our Chilean clients who may have relatives or loved ones in the country.

Like Haitians present in the United States after the devastating earthquake in their home country, Chileans in the United States may soon be eligible for "Temporary Protected Status" or "TPS" if Congress designates Chile as a country where nationals cannot return safely because of dire conditions impacting the country. Haiti was designated a TPS country on January 21, 2010, only nine days after the January 12 earthquake.

Travel back to Chile may be impossible for quite some time, however those who have H-1B1 or other temporary visas, and who want to travel to the country in the weeks to come should review the Department of State website for all warnings on travel conditions.

Please contact Fong & Chun, LLP if you are from Chile and your visa has expired or if you have other questions about possible TPS status. ---ecf

Beginning January 4, 2010, applicants for visas or greencards will no longer be considered inadmissible for being HIV positive. Early last month, the Health and Human Services Department (HHS) removed HIV (human immunodeficiency virus) from the definition of a "communicable disease of public health significance."

This marks a major success by immigration advocates like Fong & Chun, LLP and HIV/AIDS health advocates. J Craig Fong was cited in a recent Los Angeles Times article as one of the few immigration attorneys in the nation who work with HIV positive immigrants and who has been extremely successful in HIV waiver applications with the USCIS to overcome this ban.

Fong & Chun, LLP applauds the Centers for Disease Control, the HHS, and USCIS in recognizing that the ban against nonimmigrant visa and permanent residency applications by HIV positive individuals was wrong. --ecf

USCIS has recently opened an "International Adjudications Support Branch" in Anaheim, California. This purpose of this office is to help process some of the applications and petitions received from international USCIS offices. The office is meant to help overseas USCIS offices handle periodic fluctuations in work. We at Fong & Chun in Los Angeles have noticed that some of our immigration law clients' forms are being processed at this new office.

The office is located in the same facility as the Los Angeles Asylum Office, and it does not handle or accept inquiries, appointments, or walk-ins.

Currently, this support branch is handling I-601 Waiver cases -- except health-related waivers -- from the US Consulate-General in Ciudad Juárez, México. It is not yet known what other cases will be assigned to this office. --jcf