Articles Posted in General

Question Mark.jpgThe 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 & Aquino, 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.

Twitter.jpgFor 2012, the attorneys at the law offices of Fong & Aquino, 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.

graduation.jpgOn 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.

Green apple standing out.jpgToday 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 & Aquino 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 & Aquino 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 & Aquino 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.

Opportunity in the sky.jpgFollowing 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 & Aquino, wish the best of luck to all DV 2013 applicants, we also remember and sympathize with the 22,000 individuals of DV 2012. –ecf

chocolate.jpgRecently, 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 Fong & Aquino, 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,

handshake.jpgFong & Aquino 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 & Aquino 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.

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