Recently in Waivers Category

April 16, 2013

Tell me! Tell me! Tell me!

dogs-hearing-by-Muffet.jpgYes, yes, yes. Some information about the proposed Comprehensive Immigration Reform was released today.

As an immigration lawyer with over 30 years of experience, my phones here in Los Angeles and in the Palm Springs office have been ringing off the hook. I already have over 100 emails from France and the UK. The message is always the same, "J Craig Fong, is there anything for me in the new immigration law?" Everyone wants to know the recently-released details for the proposed Comprehensive Immigration Reform (CIR). Enough! Assez! ¬°Basta!

FIRST: I am studying and thinking about the proposal now.

SECOND: There are NOT many details in the limited release of information. It is more of a set of goals and principles.

THIRD: The actual legislative language is NOT yet available, so I can't give you answers to specific issues.

FOURTH: I will send up a blog when I have a better idea of each set of provisions, but not right now, because I do not want to mislead anyone if I incorrectly analyse something which is so new and vague.

MOST IMPORTANT for you and for your friends: DO NOT RUSH OFF TO "REGISTER" WITH A NOTARIO!! Keep your money safe. At this time, there is NOTHING to register for. There is NO new program. There are NO immigration benefits available, because this is just a proposal. No one even knows whether this will pass through the Congress. Be patient. Let the details become clearer. Wait for President Obama to sign it into law. For now, just wait.

More later. --jcf

February 4, 2013

National Visa Center I-601A Letter Misleads Many Immigrants

NVC ltr.JPGIn January 2013, the US Department of State's National Visa Center (NVC) began sending letters to many prospective immigrants about the "I-601A PROVISIONAL WAIVER OF UNLAWFUL PRESENCE." This letter is scaring the living daylights out of thousands of immigrants. At Law Offices of J Craig Fong in Los Angeles and Palm Springs, I have fielded about one hundred inquiries about this letter.

The first and most important thing to remember is: this letter and the I-601A Provisional Waiver ONLY -- repeat ONLY -- apply to a future immigrant if s/he is currently in the USA unlawfully, or has been unlawfully present in the USA in the past. Someone is illegally present if s/he enters the USA without inspection at a border post or airport, or if the person enters legally and then overstays the time granted on their landing permit.

If the future immigrant has never -- ever -- been in the USA, this letter and the I-601A waiver does not apply to him/her.

For some people who do indeed need the waiver -- if they overstayed or entered without any papers -- they should take a look at my blog from earlier this month.

If you have questions about whether you or a relative might need an I-601 or an I-601A waiver, it is very important to consult with a competent immigration attorney. --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.

This I-601A procedure is only available to Immediate Relatives of a US Citizen: immigrants who are the spouse, parent, or minor child of an American Citizen. This procedure is not available if you fall into another family-based or employment-based category for immigration.

US Citizenship and Immigration Services will be announcing more information about how this process will work in the next few weeks. Cases can be filed beginning in March 2013.

If you believe you might qualify to process the I-601A illegal presence waiver using the new procedures inside the USA, contact me at 323.769.8187. --jcf

January 3, 2012

Don't Play with Fire! - Immigration vs the Aggravated Felon

Matches.jpgThe recent Los Angeles arson situation brings to mind many people who have consulted the attorneys at the Law Offices of J Craig Fong in our Los Angeles and Palm Springs offices. They have a valid visa or legal permanent residence (green card), and they have been convicted of a crime. Sometimes it is a serious crime; sometimes it is something minor. In some of these cases, the conviction has virtually unfixable immigration consequences.

In 1990, Congress created the concept of "aggravated felonies," crimes that are considered so bad that an alien might not even qualify for the typical defenses to deportation (removal), such as asylum, cancellation of removal, or withholding of removal. In other words, the Congress has simply decided that someone who has committed an "aggravated felony" should just be deported (removed) regardless of the defenses s/he might try to use.

The name "aggrevated felony" is misleading. "Aggravated felony" includes such obviously serious crimes as murder, rape, or arson; we can all agree that these crimes are quite serious. However, "aggravated felony" can also include some less- obviously terrible crimes, such as attempted possession of stolen property, attempted robbery, petty theft, trespass, unauthorized use of a vehicle. Even if a crime was charged as a misdemeanor in the legal system, it can still be considered an "aggravated felony" for immigration purposes.

Congress defines an "aggravated felony" as:
(1) murder, rape, or sexual abuse of a minor;
(2) illicit trafficking in controlled substances;
(3) illicit trafficking in firearms or destructive devices;
(4) any offense related to laundering of monetary instruments in connection with certain unlawful activity;
(5) offenses relating to transportation, receiving, or using explosives, forearms, or ammunition;
(6) using fire (arson) or an explosives to commit any felony or causing an explosion during the commission of any felony; and the catch-all category,
(7) crimes of violence -- which can also, in some circumstances, include theft, burglary, lewd conduct, simple battery, threats, and statutory rape; and
(8) some other Federal and state laws.

As you can see, this a very broad list of crimes.

We caution all our clients who have green cards or who have temporary visas to contact us if they have any contact with law enforcement so that we can evaluate the nature of the underlying crime. Please remember that even if you are already present in the USA, if you commit an "aggravated felony," you could trigger arrest or a deportation (removal) if you try to apply for an extension of stay, a renewal of your green card, a change of status, an adjustment of status (green card), or if you re-enter the USA after a brief absence.

If you have more questions about "aggravated felonies," please contact an experienced immigration attorney. --jcf