Immigration Visa Attorney Blog

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

On 14 October 2009, Congressman Luis Gutíerrez of Illinois released a set of principles which he hopes will be incorporated into any Comprehensive Immigration Reform (CIR) package. As advocates for immigrants, the attorneys at the Los Angeles-based immigration law firm of Fong & Chun, we watch closely any progress on CIR.

Central to his approach are:

1. a rational and humane approach to resolving or legalizing the status of the undocumented population,

2. a mechanism to protect US and legal immigrant workers,

3. allocation of sufficient visas to stop immigrants from trying to "cut in line" or "jump the queue" and get to America earlier but illegally,

4. enhancements to protect the US homeland,

5. establish a wise border enforcement policy that reflects America's needs and values,

6. keeping together and unifying American families,

7. promotion of immigrant integration,

8. inclusion of the DREAM Act and AgJobs bill, and

9. protection of fundamental rights.

Representative Gutíerrez' statement of principles is an excellent first step as the debate over CIR begins. --jcf

Because the debates about Health Care Reform are taking so much of the Congress' energy, the Obama Administration believes that Comprehensive Immigration Reform (CIR) will not be considered by the Congress until the beginning of 2010. The immigration law firm of Fong & Chun has many clients in Los Angeles, CA and throughout the nation who would benefit from the passage of CIR. In a recent article, President Obama restated his commitment to humane immigration law reform.

Two of the most anticipated provisions of CIR would be the Development, Relief, and Education for Alien Minors Act (DREAM Act) and the Uniting American Families Act (UAFA).

The DREAM Act would allow the normalization of the immigration status of certain undocument students who were brought prior to age 16 to the United States by their parents or guardians. These students have lived and been educated in the USA, and it would be fundamentally unfair to deny them immigration status, when they did not come to the USA through their own decision, and when the USA is often the only country these students have ever really known.

UAFA would correct a long-standing inequity under immigration law and would permit US Citizens and Legal Permanent Residents to petition for and bring their permanent partners to the USA on the same footing and subject to the same conditions as traditional married couples.

Although CIR will not be debated in Congress until the beginning of 2010, we are still urging Americans to be ready to write both of their Senators and their Congressional Representative in support of CIR. Further, we are also asking Americans also to write their state governors and full city councils, encouraging them to contact Washington to urge passage of CIR.

For more information about CIR, also see the Fong and Chun blogs of
29 June 2009
26 June 2009
--jcf

With the passing of Farrah Fawcett and Michael Jackson yesterday, the news about the "launch" of the immigration reform policy discussion passed under the radar for most people. As immigration attorneys in Los Angeles, the Fong & Chun law firm advocates for a comprehensive overhaul of the immigration system in the USA.

The President, Vice President, and pivotal cabinet members met with members of Congress from both parties to discuss the timing for and shape of a Comprehensive Immigration Reform (CIR) bill expected to be introduced before the end of 2009.

Department of Homeland Security Secretary Janet Napolitano will be in charge of evaluating the proposed bill.

There has also been speculation that because of the difficulty that the administration is having passing health care reform, serious discussion of CIR will be delayed until early 2010. Whether Congress gets to CIR this year or not, it is now time to contact officials to let them know you support CIR. Most especially, people should demand change that will:

- Allow gay and lesbian Americans to petition permanent resident status for their permanent domestic partners. This provision is known as the Uniting American Families Act (UAFA).

- Allow some undocumented students who graduate from American high schools, have good moral character, came the USA as children, and have been in the country continuously for at least five years to obtain legal permanent resident status. This provision is known as the Dream Act.

- Make provisions so that American businesses can obtain visas for talented foreign workers who can make US business more vibrant, competitive, and creative.

- Reduce the waiting time of families who have petitioned to bring loved ones to the USA. From certain countries, the wait time can be as long as 20 years.

Fong & Chun supports the Obama administration's efforts to reform and streamline the immigration process. --jcf

As the pioneering Los Angeles immigration law firm that has always welcomed inquiries and consultation from members of the gay, lesbian, bisexual, and transgender communities, Fong & Chun has been tracking the progress of Comprehensive Immigration Reform (CIR) in the US Congress.

The New York Times is reporting that the White House will begin pushing Comprehensive Immigration Reform soon.  The Uniting American Families Act (UAFA )must be included in the reform package.  

UAFA will permit US citizens to petition for and immigrate their same-sex partners, on an equal basis as traditional spouses.  

A comprehensive overhaul of the immigration system will be controversial.  There are possible provisions that will please some and displease others.  Reasonable minds can disagree about these provisions.  What is clear to me, however, is that CIR must include provisions for UAFA.

The one hope is that enough people contact their Senators and Representatives to encourage them to vote in favor of CIR, and especially for UAFA. Even if you believe your Senator or Representative is already "on board," write anyway.  There will be lots of radical right-wing pressure to jettison any benefit for same-sex couples, and your legislator will need the political cover to stand firm..

Also, you should write to your state legislators, too.  Why state legislators, when immigration is a Federal issue?  Because you should ask your state senator, state legislator, and governor to themselves contact Washington DC, to pressure the Congress to do the fair and equitable thing and support UAFA.

Most observers and other immigration attorneys here in Los Angeles believe that the issue will hit full force sometime in late summer, or early autumn.  The time to let your legislators know your sentiments is now.  Encourage your friends and family, all over the nation -- not just in Los Angeles -- to write to their senators and representatives! --jcf