Immigration legislation & policy

February 11, 2010

Immigration Reform Bill Introduced in Congress

As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Romben Law, APC stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR-ASAP).

President Obama has said there should be comprehensive immigration reform. The bill includes an “earned” legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an “amnesty,” but it is important to see all the details about the program before getting too excited.

There are other provisions for “visa recapture” to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.

February 8, 2010

The USA is Bigger…

by Romben Law, APC

All immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles’ Romben Law, APC are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).

On 28 November 2008, “the United States” as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here’s the cute part:

Because the CNMI will become part of the “United States” as defined by §101(a)(38) of the INA, “residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered “to be present in the United States without inspection, by operation of law.”

January 29, 2010

Changes to Vaccination Requirements for Immigrants

by Romben Law, APC

Immigrants are asked to take a medical exam before being granted legal permanent resident status in the USA. As part of this exam, immigrants are required to take various vaccinations. The immigration lawyers at Romben Law, APC in Los Angeles are often asked whether someone is required to take ALL the vaccinations.

Since November 2009, USCIS has delayed the processing of many “green” card applications, because new vaccinations criteria would become effective in December 2009. Beginning on 14 December 2009, the vaccinations for herpes zoster and human papilloma virus (HPV) were no longer required for immigration purposes.

After 14 December 2009, cases that have been held in abeyance should be processed. If your Adjustment of Status case was put “on hold” due to vaccination-related issues, the case should be revived now and processed. If you have not received a resolution of your vaccination-delayed Adjustment of Status by mid-February, you should contact an immigration attorney to do a follow up with USCIS. If you have questions about the vaccinations that you will be required to take, please contact us for a consultation. –jcf

December 20, 2009

HIV Ban Lifted

by Romben Law, APC

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 Romben Law, APC and HIV/AIDS health advocates. J Craig Fong (Retired from the practice of law) 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.

Romben Law, APC 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

October 30, 2009

HIV Travel Ban to be Lifted

by Romben Law, APC

biohazard At a ceremony at the White House today, President Barack Obama announced the publication on Monday, 2 November 2009 of the final rule repealing the HIV immigration restriction. The immigration lawyers here at Romben Law, APC have worked here in Los Angeles and nationwide as part of the movement to have this onerous restriction on people with HIV/AIDS repealed. More details to follow, after we have seen and reviewed the “final rule.” –jcf

October 15, 2009

Principles for Immigration Reform

by Romben Law, APC

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 Romben Law, APC, 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,

October 6, 2009

Verifying Undocumented Aliens for Health Care

by Romben Law, APC

Since July 2008, the County of Los Angeles has posted 81 people in 27 social service offices to check and verify immigration status of all applicants for social services. As the debate continues on health care, the lawyers at Romben Law, APC in Los Angeles remain concerned that immigrants are being made the scapegoats for a dysfunctional health-care system that they have had no hand in creating.

According to an article in today’s Los Angeles Times, Los Angeles County has so far not found one illegal immigrant masquerading as a legal resident in order fraudulently to obtain social benefits. Among Medi-Cal applicants, only about 0.1% of the total applicant pool was found to be ineligible because of immigration status.

One has to ask the question: is the expense of this verification system worth what we’re paying for it?

September 11, 2009

You lie! — No apologies from Congressman

by Romben Law, APC

Representative Joe Wilson’s outburst on the floor of the House of Representatives, effectively calling the President a liar has continued to resonate throughout the country. As advocates for immigrants, Los Angeles immigration lawyers at Romben Law, APC have warned that immigrants will be used as scapegoats during the health care debate. And so they have.

The fact that Congressman Wilson was told by Republican party leaders to immediately call the White House to apologize should be a signal; Wilson did not choose to apologize himself. He has maintained that he is right, despite the facts. Instead, we are worried that he will become a symbol to radical right-wing activists that it is perfectly alright to shout down the President, perfectly acceptable to simply interrupt anyone with whom one disagrees, perfectly acceptable to ignore facts. This type of approach leads to a my-way-or-the-highway approach to politics, and no one gains from that.

We believe that as the debate on Comprehensive Immigration Reform (CIR) begins in 2010, this form of argument, simply cutting off or shutting down civilized discussion, will become worse. This is a danger to our democracy and will harm immigrants and our country.

September 10, 2009

“You lie!” – GOP Congressman Heckles Obama about Immigrants

by Romben Law, APC

It is sometimes saddening and discouraging to be right. Yesterday, immigration attorneys at Romben Law, APC in Los Angeles cautioned in our blog that immigrants would be used to score points in the health-care debate. Last night (Wednesday, 9 Sept 2009), almost like a pavlovian response, a republican Congressman, Joe Wilson, heckled and insulted President Barack Obama during the President’s speech to a joint session of Congress on the question of health-care reform, using immigrant access to health care as the excuse.

During a speech describing his plan for health-care reform, the President clearly stated that no Federal money would be spent providing “illegal immigrants” with government-subsidized health care under his proposed plan. Wilson, a representative from South Carolina, shouted out, “you lie!”

It is sad that the debate has sunk to this level. Here’s why:

September 9, 2009

Immigrants & the Health-Care Debate

by Romben Law, APC

Romben Law, APC in Los Angeles is devoted exclusively to advocacy for immigrants. Recently, those opposed to meaningful health-care reform have started to use the immigrant community as a political whipping boy once again, using scare tactics and making false claims about immigrants’ use of, payment for, and access to health care.

Some important facts to keep in mind in this debate:

First: If more participants — including immigrants — pay into the insurance system and are covered by some health-care plan, this spreads risk over a larger group. It means that more people who need health care will be able to get it.