Articles Posted in Non-traditional families

Eiffel Rainbow.jpgClose on the heels of similar actions last week in the British Parliament, the French National Assembly yesterday approved a bill to legalize same-sex marriage throughout France. The initial vote was 329-229, in favor of legalization. The bill must still be approved by the French Senate, although most people believe that approval is likely in the Senate as well.

Because of my 30 years of advocacy here in Los Angeles and Palm Springs as an US immigration attorney on behalf of nontraditional families, I receive a lot of inquiries from gay and lesbian US citizens who wish to marry partners from the UK or France. These upcoming changes are good news for couples, but only to a point.

Gay and lesbian Americans who may wish to marry a French or UK citizen must remember that the Defense of Marriage Act (DOMA) is still the law in the USA. Even though French government may allow same-sex marriages sometime soon, the US does not currently provide any immigration benefits based on a same-sex marriage. We must wait to see whether any upcoming changes in US immigration law will provide benefits to same-sex couples.

UK SSM.pngThe UK parliament yesterday approved a bill legalizing same-sex marriage. The legislative process is not yet complete, but the 400-175 vote in favor of the bill is a strong indication that the next vote in the Commons, and a vote in the House of Lords, will be a favorable one for gay men and lesbians who wish to marry in the UK.

Gay and lesbian Americans who may wish to marry a UK citizen must remember that the Defense of Marriage Act (DOMA) is still the law in the USA. This means that even though Her Majesty’s government may soon allow same-sex marriages, the US does not provide any benefits or recognition under US law based on a same-sex marriage. And that includes immigration benefits. As an immigration lawyer who has counseled members of the gay and lesbian community for many years, I wish I could say that our families are recognized by the US government, but for the moment, we must wait to see whether any upcoming changes in US immigration law will provide benefits to same-sex couples.

If you or your partner or spouse would like to discuss immigration options, I look forward to talking with you. –jcf

rainbow rings.jpgIn my 30 years as an immigration lawyer in the gay and lesbian community, the question I am asked most is, “why can’t I bring my foreign partner to the USA? Straight people can get married and bring their spouses! We should have the same rights!” This question has resonated here in my offices in Los Angeles and in Palm Springs. I have been asked the question when I practiced in San Francisco and Chicago. I even get asked the question in Paris and London. The over-simplified answer is the word “marriage.”

Under the US Immigration and Nationality Act (INA), the US gives US citizens a “benefit,” allowing the spouse of a US citizen to apply for a legal permanent resident card (LPR — otherwise called “the green card”). Until recently, same-sex marriage (SSM) was quite rare, so the US could hide behind the idea that LPR is only extended to someone married to a US citizen.

Then some enlightened countries began letting same-sex couples get married, and the US was faced with a dilemma: do we apply the law equally and allow these same-sex couples the same rights as other Americans, or do we try to stop them. The result was the Defense of Marriage Act (DOMA).

Nation of Imm.jpgFor over 10 years, immigrants and their families have come to Fong & Aquino and asked me about any possible changes to the immigration law that will help them. I hear, from clients in Los Angeles, Palm Springs, Canada, the United Kingdom, France, and many other places that they need some change in the immigration law to allow them to stay in this country and pursue their dreams, work productively, be free from persecution, and most importantly, to be united with their families.

For the first time since 1990, a major change in the immigration law may be coming.

You probably already know that the US Congress has been deadlocked for over 4 years, with the members (mostly) of one political party refusing to cooperate with the White House. As a result, a Comprehensive Immigration Reform (CIR) bill has never been seriously discussed. With the results of the recent re-election of President Barack Obama, and (many) members of the Republican party realizing that it is in their best interest to help immigrants, CIR may be on its way. What will it do?

Changes Ahead2.jpgAfter practicing law together for almost one decade, Eileen Chun-Fruto and I have evolved into different forms of law practice. I will continue to practice immigration and nationality law, handle consultations, and do my blog here at my offices in Los Angeles and in Palm Springs. The firm name is now, “Fong & Aquino.” You can reach me, as before, at Tel: +1.323.769.8187 — this is the same phone number you have used in the past. My new e-mail address is: j@jfonglaw.com . My webpage is now: https://www.immigration-lawyer-la.com .

My practice will continue to focus on families, waivers, small business investors, intra-company transferees, and investor visas. Also, as I have been for all 30 years of my law work, I remain very devoted to counseling, advocating for, and working with non-traditional families.

Eileen Chun-Fruto now practices immigration law with a law firm in downtown Los Angeles. She can be reached at echun@fongandchun.com.

Thumbnail image for rainbow_flag.gifThe immigration attorneys at Fong & Aquino — with clients from the Coachella Valley and Palm Springs, to Southern California and Los Angeles, and throughout the world — have been closely watching the implementation of the prosecutorial discretion policy as it affects gay men, lesbians, and persons in nontraditional family relationships.

As readers of this blog may recall, in the latter half of 2011, the Obama administration instructed its enforcers of the immigration laws (also known as the Immigration and Customs Enforcement branch of the Department of Homeland Security) to consider exercising its discretion to dismiss “low priority” deportation and removal cases. The “Morton Memo” indicated that the following criteria may be viewed as positive factors:

Circumstances of arrival – especially if the person came to the US as a child Pursuit of education – if they have graduated from high school in the United States and/or are pursuing higher education U.S. Military service Ties to the U.S., including family relationships Pregnant or nursing women Age, especially for minors and the elderly If the person is a primary caretaker of another person with a severe illness or disability Persons who are likely to be granted temporary or permanent status because they are an asylum seeker, victim of domestic violence, human trafficking, or other crime

Thumbnail image for rainbow_flag.gifThe issue of same-sex marriage is an important issue. Fong & Aquino gets questions all the time at our offices in Los Angeles and Palm Springs, and throughout the nation from US citizens who wish to immigrate a same-sex spouse. The Los Angeles Times is reporting that the US Court of Appeals for the Ninth Circuit in San Francisco, California will release its decision regarding the constitutionality of Marriage Equality and Proposition 8 on Tuesday, 7 February 2012 at 10:00 a.m. (PST).

at Fong & Aquino, we are counseling our clients that whether the decision is a positive one or not, couples should not submit I-130 Family Petitions and I-485 Applications for Adjustment of Status based on a same-sex marriage without first consulting with an immigration attorney experienced in working with non-traditional families. –jcf

couple hold hands.jpgCongratulations to the citizens of New York for the practical and humane approach taken by their Legislature and Governor in the approval of same-sex marriage last week! As leading advocates for immigrants in the gay and lesbian community, the attorneys at Los Angeles’ Fong & Aquino have counseled thousands of clients from all over the nation and the world about uniting families which are not traditionally shaped.

Beware! It is still NOT possible for same-sex couples to marry and to have the US citizen spouse petition for legal permanent resident status (the so-called green card) for the foreign spouse. This prohibition applies even when the couple both marries and resides in New York.

A same-sex marriage in New York (or from any other state or country, for that matter) will not be recognized for purposes of Federal immigration benefits. This includes Family Petitions for alien spouses, and also includes spouse-as-dependent on any other residency application. The culprit here is the Federal Defense of Marriage Act (DOMA).

seisomograph.jpgThe immigration lawyers at Fong & Aquino in Los Angeles have many, many Japanese clients. In response to the devastation caused by the earthquake around Sendai, Japan yesterday, the US Citizenship and Immigraiton Services (USCIS) issued an advisory to Japanese nationals and others who cannot return to their home countries due to earthquake and tsunami disruption in the Pacific region. This is of particular importance to those who are here on visitor visas (B-1 or B-2), visa waiver, or other non-immigrant visas such as H-1B, L-1A, L-1B, E-1, E-2, F-1, J-1, M-1, etc.

From time to time, the US government permits citizens from certain countries to remain in the USA — even after their visas or landing permits have expired — due to emergency circumstances in the home country. This special designation — which is called Temporary Protected Status (TPS) — is made by the US government. At the present time, Japan has not yet been designated a TPS-eligible country by the US government.

However, the USCIS advisory, issued at 5:35pm today advises that people should visit their local USCIS office if they have overstayed their I-94s or will become an overstay because they cannot now return to their homes in the Pacific. In certain cases, the USCIS may allow for an additional 30 days be granted in order to depart without facing unlawful presence or other serious immigration violation. USCIS will likely control such applications with high scrutiny and enforcement. We do not recommend that Japanese citizens go to USCIS to obtain assistance without first consulting an immigration attorney.

Japan: an 8.9 earthquake has rocked Japan today, marking the most powerful earthquake in Japan’s recorded history. This quake is the fifth most powerful in the world since 1900, says the U.S. Geologic Survey. Tokyo reports massive aftershocks. Narita Airport, Sendai Airport remain closed, although Haneda Airport has reopened already. The immigration attorneys at Fong & Aquino who practice in business immigration, family-based immigration, removal defense and appellate work extend sympathy and concern to all our Japanese clients and those with family and friends abroad who are affected by this devastating disaster.

Over the years, the immigration attorneys at Fong & Aquino have worked proudly in the Japanese immigrant community, having represented multinational executives and managers for some of Japan’s largest corporations, professors providing invaluable research and teaching in top U.S. universities, professional employees working in companies based in Little Tokyo and in Japanese American non-profit organizations, and of course, countless individuals and families of Japanese descent.

With early reports of the death toll, the true damage the earthquake has caused remains unknown at this moment. We do know that this earthquake may cause tsunamis powerful enough to engulf or wash over small islands in the Pacific causing more damage and posing continued danger to those in the Pacific. For clients wishing to return to Japan in the weeks to come, please call the attorneys at Fong & Aquino for guidance on how to check the US Department of State for travel warnings and other restrictions. —ecf