Immigration Visa Attorney Blog

The 2012 Republican presidential candidates have done nothing to speak clearly about immigration law and reform. Instead of speaking in clear, grown-up terms about immigration policy, they are using volatile language, demonizing immigrants. This does not advance any discussion; it is just pandering and solves nothing. This cheap talk from the Republican field is causing concern, dismay, and even panic for some of the clients of Fong & Chun, in our offices in Los Angeles, Palm Springs, and elsewhere.

In a recent article in the New York Times, candidate Mitt Romney has reportedly abandoned his usually anti-immigrant rhetoric. Why? Because he's campaigning in Florida, where over 22% of the population is of Hispanic origin! So, what is his true position? And can he be relied on to stick to it?

Candidate Newt Gingrich is not much better, because although Gingrich has rightfully observed that the USA cannot simply deport all undocumented immigrants, he has proposed few concrete solutions.

Both Romney and Gingrich have spoken in favor of one part of the so-called DREAM Act. The DREAM Act would allow young people who were brought to the USA, and who have gone to high school in the USA, to legalize their immigration status, PROVIDED (1) they perform military or other public service, or (2) they pursue post-high school education. Romney and Gingrich are saying that they would support part of the DREAM Act for those who would serve in the military -- but not for those who complete college. In other words, Romney and Gingrich would legalize those who would risk death in the name of the USA, but NOT for those who would go to college to improve the US workforce!

As we move further into this election year, it is important to recognize that the Obama Administration has tried to get the cooperation of Congress on some types of immigration reform -- and Congress has refused. It is NOT a question of whether Obama should be doing more. It is MORE a question of whether Congress will cooperate on anything the Obama Administration would propose. And given that Congress cannot even agree on when to have LUNCH, I doubt they're going to agree on immigration reform.

As the year wears on, we will try to discuss some possible immigration reforms -- reforms which will NOT create a new amnesty, NOT create a new program, but will create humane solutions. --jcf

For 2012, the attorneys at the law offices of Fong & Chun, llp, have decided to make use of Twitter to notify interested followers of immigration news. Whether you are in the fast-lane of Los Angeles business or the laid-back Desert life in Palm Springs, rapid access to news in this field is important.

Getting "breaking news" on the complex, fast-moving issues surrounding immigration is vital, whether you are a family member who wants to sponsor a relative, an employer who hires immigrants, a spouse being sponsored by an American, an investor wanting an E-2 visa to open a business in the USA, an O-1 extraordinary ability actor who is seeking a big break in the Industry, or any other visa hopeful.

To be sure, immigration laws and regulations do not always change daily, so we will not be Tweeting daily. However, whenever there is an interesting development, we will raise the issue on on Twitter, as well as point you to blogs or articles for more information.

Follow us on Twitter at: FongChunLaw

On 9 October 2011, Governor Jerry Brown of California signed the California Dream Act. This bill permits undocumented immigrants to attend California public university and community colleges, providing them access to state financial aid. Only three states in the USA permit undocumented immigrants to qualify for state financial aid for college: California, New Mexico, and Texas.

To qualify, students must graduate from a California high school, after having attended school in California for a minimum of three years. The student must also sign a declaration that they are in the process of adjusting or legalizing his/her immigration situation. It is not yet known what exactly students will be attesting to when they say they are "in the process" of legalizing.

Immigrants should be very clear: the California DREAM Act is for undocumented immigrant students wishing to go to university in this state. The California DREAM Act does NOT provide legal immigration status, does NOT make the student immune from removal or deportation, does NOT permit the student to work in the absence of an Employment Authorization Document from the US immigration authorities, and does NOT permit the student to travel out of the USA and to return.

The California DREAM Act does not address the need for comprehensive immigration reform on the Federal level.i

To be sure, the DREAM Act is a practical, realistic way to address the unarguable fact that so many undocumented immigrants now reside in California, and it is not possible to remove them all. If these students get an education, it is a long-term benefit to California. --jcf

Today the world mourns Steve Jobs. Steve Jobs was the creator and visionary at Apple, Inc. but he is remembered as one of the world's greatest business leaders, ranking up there with the likes of Ford and Rockefeller. Steve Jobs was credited for bringing technology and it's benefits to the every day lives of every day people. The attorneys at Fong & Chun, LLP want to thank Steve Jobs for changing how we think about technology, for inspiring us to think creatively in what we do as immigration attorneys.

Fong & Chun, LLP is proud to run our office on Apple technology. We love our Apple computers, iPhones and iPads. But more importantly, the immigration attorneys at Fong & Chun have also embraced the entrepreneurial spirit and determination which is best exemplified by Steve Job's own words:

Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do.

As immigration lawyers, we know that the law allows families to reunify, it gives foreign workers and entrepreneurs a chance to realize their dreams. What we do at Fong & Chun gives people a chance in a lifetime to make a change for the better. Many, many of our clients come to us after other immigration attorneys have turned their cases away hearing their employers were too small, too new to sponsor an H-1b or that a new company L-1 is just impossible these days. Or perhaps their family members were facing removal or in desperate need of an immigration waiver but that odds were against them so that it wasn't worth trying. At Fong & Chun, we don't provide formulaic solutions to challenges. Steve Jobs didn't do that and neither do we. Challenging cases require exacting solutions. We work on each case with the individualized attention that each case deserves and we have the years of experience to know what works and what does not. When other immigration attorneys won't make the extra effort to take on cases that are outside the norm, we do - because this is what makes our work meaningful, and this is what inspires us to create great work and to make a difference, a world of difference to the individuals who didn't settle and tried anyhow. --ecf

Following this past year's diversity lottery fiasco, the US Department of State has announced that it will begin accepting applications for DV 2013 at noon (EDT) on October 4, 2011. The application period will close on November 4, 2011 at noon (EDT).

It has only been a few months since Dept of State notified then revoked the winning results of 22,000 "winning" lottery applicants. In the incident, now commonly known as "22,000 tears," the DOS reported that a computer glitch caused 90% of the DV2012 winners to be selected from applications made during the first 2 days of the 30-day application period, and that because of this, the results were not "randomized," and hence, invalid. DOS states that it "mistakenly informed" these unfortunate 22,000 "winners," some of whom had already started making plans and selling off assets to move to the US and begin their American Dream.

As we look ahead, some changes have been made to the countries whose nationals can now participate in the DV 2013 lottery. Nationals of South Sudan and Poland are now eligible to submit applications and although mainland Chinese born applicants cannot participate, Hong Kong SAR, Macau, and Taiwanese applicants may still apply. While the Los Angeles visa attorneys at Fong & Chun, wish the best of luck to all DV 2013 applicants, we also remember and sympathize with the 22,000 individuals of DV 2012. --ecf

Recently, the news -- local Pennsylvania news, the Associated Press, and even The New York Times -- has been filled with a story about foreign students who came to the USA to participate in an "exchange program," who ended up working under allegedly harsh conditions at the Hershey chocolate factory in Pennsylvania. Here at the immigration law offices of Fong & Chun, we began to get calls from people around Los Angeles, as well as throughout the Coachella Valley (Palm Springs and Palm Desert), about these exchange visitor visas.

Essentially, the J visa program was created as a foreign-policy tool to encourage international understanding, to provide a way for foreigners to get to know American life and work. It also allows a freer exchange of information, permitting professors and researchers to continue their studies and presentations in the USA. The visa is for a:
* professor or research scholar,
* short-term researcher or scholar,
* trainee or intern,
* college or university student,
* teacher,
* secondary school student,
* nonacademic specialist,
* foreign physician,
* international visitor,
* government visitor,
* camp counselor,
* au pair, or
* summer student in a travel/work program.

Each of these categories has its own set of requirements -- too much to mention here. Suffice to say that the J-visa holder must be taking part of a legitimate program and should have sufficient funds; be able to speak, read, and write English; maintain sufficient medical insurance in case of accident and illness; and have and maintain a residence abroad to which the visa holder will return.

The J visa program was established to allow visa holders -- typically students, trainees, researchers, and teacher/professors -- to visit the USA, engage in cultural programs, teach or lecture to share information, do home-stays or au pair work as part of family exchange programs, or to do hands-on training in a field for which they have had educational or vocational training.

The program was certainly not created to allow employers to avoid hiring US workers, or to use foreign students as cheap labor, or to cheat foreign students out of a valuable chance to have a cultural-exchange experience in the USA.

Unfortunately, less-than-scrupulous organizations have created partnerships with certain employers and manufacturers to provide inexpensive labor in the guise of cultural exchange. Even more shocking: many of these student visitors are CHARGED by the organizations which have organized this so-called cultural-exchange experience for them -- the way one might be charged by a tour operator. In the end, however, these J-1 students apparently had a very unpleasant experience.

I know nothing of the alleged conditions at Hershey. However, it is important that visitors thoroughly understand the visa that they are applying for and feel comfortable with the attorney or trip organizer with which they are working. --jcf

The immigration law office of Fong & Chun serves the entire Los Angeles area, including Palm Springs and the Coachella Valley, Long Beach, and indeed, clients all around the United States. We handle family visas, business and investor visas, and removal / deportation cases. Our attorneys frequently encounter people who come in and say that they have been working with an "immigration service" or "immigration consultant" or "notario" or "notary public" for the processing of their paperwork. In the vast majority of these cases, the results obtained by these so-called service-providers have been devastating.

The US Department of Homeland Security (DHS) has announced a nationwide program to target non-attorney notaries and others who are advising and preparing paperwork for clients. The immigration system is complex, and although DHS often views attorneys as a hinderance to its work, DHS also understands that the only way an immigrant gets proper representation, a fair hearing, is through a competent, licensed attorney.

This is a difficult subject, because those of us at Fong & Chun have met and seen the work of a few excellent, conscientious, knowledgeable notaries. However, to be frank, these are a great exception. In truth, notaries have no legal training and have no requirement to stay up-to-date in their knowledge. Attorneys do.

It is also true that not every attorney is going to be a good fit with every client: as you seek an immigration attorney, please ask yourself:

* Is this person a licensed attorney? If you're not sure, ask the state bar association.

* Does this lawyer have the experience to handle my case? Ask whether s/he has handled such a case before. Ask how long s/he has been licensed to practice. Some attorneys TEACH immigration law to other attorneys. This is a pretty good sign that the attorney has solid practical experience.

* Is this attorney listening to me? Some attorneys handle cases in mass quantities and do not make the effort to know you, your family, or your business.

* Is this attorney telling me what s/he is going to do? Some attorneys will just say, "it's ok, just leave it with me. I will take care of it." This is not good. You need to know what is being done by the attorney in your name. In the end, you are responsible for what the attorney files if you sign the papers.

* Is this attorney willing to explain things to me? Immigration law is a field of law where the client must understand what's going on; your future in this country depends on being knowledgeable. Does this attorney explain things to you clearly and in a way that you understand?

* Do I fundamentally trust this attorney? You are putting your family or business in the hands of this professional. Look him or her in the eye and ask yourself, "is this person honest, clear, and straight-forward?"

* Is this attorney a member of a reputable immigration law association? Merely being a member of any ole' professional organizations is not the key here; any lawyer can write a check to join an organization. However, some organizations require a minimum number of years in practice before an attorney can apply to be admitted to membership. It should raise a little bit of concern if your attorney is NOT a member of, or active with, any such organizations. The main professional organizations for immigration attorneys are the American Immigration Lawyers Association (AILA) and the Federal Bar Association (Immigration Section).

--jcf