Filing Applications & Petitions

June 30, 2009

Delays in LPR Card Production

Romben Law, APC in Los Angeles has recently received quite a number of phone calls from people who are waiting for issuance, re-issuance, or replacement of their US Legal Permanent Resident (LPR) cards. US Citizenship and Immigration Services (USCIS) has been experiencing delays of 2 – 3 months due to an upgrade being made in the card-production equipment.

If you have not yet had your immigration or adjustment of status interview, please remember to bring your passport with you to the interview. If your application is approved at the interview, the officer should place “the I-551 stamp” in the passport. The I-551 stamp will temporarily allow you to travel in and out of the USA and work legally, until you receive your LPR card.

If you do not have a passport, you can bring two passport-type photos with you, plus your driver license (or other government-issued I.D.), and the officer can issue you temporary proof of your status.

June 27, 2009

Michael Jackson’s Concerts in Britain

by Romben Law, APC

Romben Law, APC in Los Angeles has received several calls about artists who have been involved in the preparations for the series of Michael Jackson concerts which were scheduled to take place in London beginning this summer. The performer’s recent death has thrown arrangements for those concerts into chaos.

Although the Jackson concerts were to take place in the United Kingdom, extensive preparations were taking place both in the UK and in the United States. In preparation for any big rehearsal, event, performance, or concert, teams of make-up artists, costume designers, hair stylists, choreographers, dancers, back-up vocalists, special effects personnel, music arrangers, musicians, lighting engineers, etc. etc. come together to create the shows that so many enjoy. The number of people involved with a complex series of high-tech, music and dance spectaculars can be upwards of 50 -100 people, not all of them American.

Renowned performers and artists can qualify for the O-1 visa (“extraordinary ability in the sciences, arts, education, business, or athletics) to enter the USA. However, when something catastrophic happens — like the death of a performer — the performance or concert on which the O-1 visa is based is cancelled, the performer or artist risks falling out of legal immigration status.

June 14, 2009

July 2009 Visa Bulletin Reflects Grim News for Employment-Based Applications

by Romben Law, APC

Those who are patiently awaiting their EB-3 and EB-2 petitions to become current probably check the Department of State’s website every month for the newest visa bulletin. Many of you have probably been in the processing queue for several years, are on AC-21 extensions of your H-1B, or are relying on your work permits (EADs), and EAD renewals year after to year so you can keep working legally while you await your “greencard.” Some of you are facing situations where your children face “age out” issues and even more of you are awaiting permanent residency so you can then travel legally to visit relatives in your home country. Some may waiting abroad. Nonetheless, you are all waiting and waiting…

The July 2009 visa bulletin released by the US Department of State confirms what we already know – that waiting times are painfully long and slow. But an announcement by the US Department of State’s Visa Office to the American Immigration Lawyers Association (AILA), confirms what we have dreaded along: that the situation is “dire” and will amount to extended delays beyond what you have already endured.

The Visa Office has already indicated that the worldwide cutoff date for EB-3 will be set on or around March 1, 2003. With any luck, we may see quick advances in that category near the beginning of 2010, but I’m not counting on it.

May 4, 2009

Waiver Appointments at Ciudad Juarez, México

by Romben Law, APC

Romben Law, APC has been informed that the US Consulate-General at Ciudad Juárez is modifying the way it processes waivers. Immigrant visa applicants who seek a waiver of a ground of inadmissibility at Ciudad Juárez, México should expect to wait at least two months for the waiver interview. Our Los Angeles clientele includes many Méxican nationals, and those who to Mexico.jpg are applying for waivers will experience this delay and should plan accordingly.

Because applicants have flooded the Consulate with requests for waivers, and because many of those applicants do not even qualify for the waiver in the first place, the immigrant visa unit at the Consulate has been inundated. The result has been (a) the imposition of a 48-hour waiting period before an applicant can even telephone to make a waiver interview appointment, and (b) a wait of at least two months for the appointment.

Applicants should make plans in advance, because unless an applicant has a valid visa, it is unlikely that an applicant can return to the USA prior to the waiver interview. That means that applicants will need to anticipate an extended stay in México, until the waiver is granted. Further, because of safety considerations, applicants may wish to pass that waiting time in a city other than Juárez. If you have questions about how waivers work and whether you qualify, please feel free to contact us. –jcf

April 30, 2009

I-90 Filing Address has Changed

by Romben Law, APC

US Citizenship & Immigration Services (USCIS) has announced that all I-90 Applications to Replace Permanent Resident Card must be sent to an address in Phoenix, Arizona. This change affects ANYone who is filing a paper I-90. As immigration lawyers in Los Angeles, Romben Law, APC often gets phone calls seeking help to follow up on lost or delayed applications, and despite the instructions that may appear on the I-90 instruction sheet, the new Phoenix addresses went into effect on 27 April 2009. If you do not use these new addresses for your I-90, the application (and fee) will likely be rejected, returned, or lost, and the issuance of your LPR card will be delayed.

Beginning on 27 April 2009, all I-90s must be sent to a lockbox facility:

USCIS

April 23, 2009

“Funny, you don’t LOOK gay.”

by Romben Law, APC

Because Romben Law, APC sees many gay men and lesbians at our immigration law offices in Los Angeles, we get inquiries about asylum based on sexual orientation. To get asylum, the applicant must demonstrate to a hearing officer or Immigration Judge (IJ) that s/he would suffer persecution if s/he returned to the home country. The US Tenth Circuit Court of Appeals just issued a decision in the case of Razkane vs. Holder, No. 08-9519 (10th Cir., filed Apr. 21, 2009).

In this case, a man from Morocco had overstayed in the USA because he was afraid to return to his home country because, as a gay man, he would be subjected to torture and other persecution. At the initial hearing, the IJ accepted the idea that a gay man might be persecuted in Morocco. However, the IJ denied the request for asylum, because in the IJ’s opinion Razkane’s appearance did not have anything that would mark him as being gay, “[he] does not dress in an effeminate manner or affect any effeminate mannerisms.” In other words, the IJ didn’t think Razkane looked gay enough!

The appellate court criticized the IJ, noting that this “style” of judging was “unhinged” from the need for substantial evidence and would result in terrible results. The judges noted that stereotyping of this kind would not be entertained in a case regarding religion or race, and it will not now be tolerated in a case of a gay man seeking asylum! –jcf

April 20, 2009

2009 Immigration Poverty Guidelines

by Romben Law, APC

Here at Romben Law, APC, we handle many cases for which a “financial sponsor” must submit an I-134 or I-864 Affidavit of Support. These “sponsors” must have resources and income sufficient to meet US government “poverty guidelines.”

The US Department of Health and Human Services sets the poverty guidelines annually. The poverty guidelines in effect for 2009 are set forth here. All cases filed after 1 March 2009 are expected to meet the standard set in the new poverty guideline. –jcf

April 14, 2009

I-539 Extension of Stay Applications: Common Errors

by Romben Law, APC

Something as innocent as obtaining a nonimmigrant extension of stay (EOS) can be fraught with difficulty. As immigration lawyers here in Los Angeles, Romben Law, APC sees many people who have filed the the I-539 EOS application themselves, and the application has been denied or rejected because the applicants did not provide the immigration authorities with appropriate information. Always be sure:

1. the name on the application matches the name on the passport,

2. copies — do NOT send USCIS originals, unless USCIS specifically requests them in a letter to you — of the face-page, visa page, entry stamp, and the I-94 arrival document should be included,

April 6, 2009

USCIS and Electronic checks (e-checks) Don’t Mix Well

by Romben Law, APC

As experienced immigration lawyers in Los Angeles, Romben Law, APC recommend that applicants use credit cards, personal checks, money orders to pay when e-filing immigration-related applications, but NOT electronic checks or “e-checks.”

US Immigration & Immigration Services (USCIS) gives applicants the option of e-filing certain applications. The methods of payment include an “e-check.” Some may have had successful experiences, but if you are going to e-file, we recommend using your credit card. We have had recent reports where the e-check did not go through, or where USCIS said that the “check” was returned for insufficient funds even where there was more than enough money to cover the check, and where USCIS referred the matter to collection. It took weeks to sort out the USCIS error. Often the applicant ends up paying twice!

Until USCIS’ e-filing system is more reliable, and until the system allows for fairer resolution of difficulties, we recommend using paper applications and paying by personal check or money order. Of course, you should always send all paperwork to USCIS via Certified Mail – Return Receipt Requested. This way, you can check the progress of your filing and the cashing of your check.

March 16, 2009

Lost Passport or Lost “Green” Card

by Romben Law, APC

Whether you are a US citizen, a US Legal Permanent Resident (LPR), or a foreign national visiting the USA, the immigration law office of Romben Law, APC in Los Angeles recommends that anyone who loses a passport or an LPR card report that loss to local law enforcement.

US Passport.jpg
A lost US passport is serious business. Report the loss or theft to local police and to the US Department of State immediately. You should bring the report with you when you apply for your new passport. Although getting a replacement from the US Department of State is a relatively simple matter, border guards will likely pull you aside the next couple of times you enter the USA at a Port of Entry (POE) to verify your identity. They may also ask you about the circumstances under which you lost the passport. Remember: the circumstances regarding the loss or theft of your passport will be in the computer at the checkpoint.

A lost LPR card is almost as serious. A replacement is possible. US Department of Homeland Security (DHS) will charge you (at present writing) $355 to replace the card using Form I-90. They will ask you about the circumstances under which the card was lost or stolen; they may also ask for a copy of the police report. To process the replacement card, you will be sent an appointment for fingerprinting and identity verification. Until you get the replacement card, travel and job seeking will be awkward. After the I-90 is filed, use InfoPass to obtain a stamp in your passport to permit you to work and travel.