Non-traditional families

February 23, 2011

Down with DOMA! — But don’t file that spouse petition just yet!

Wednesday’s announcement by the White House that the Obama Administration has said it will not defend section 3 of the Defense of Marriage Act in court is something of a welcome surprise. This should mean that — at least in states where same-sex marriage is legal — same-sex couples can claim federal benefits on an equal footing with opposite-sex married couples. Such benefits would likely include marriage petitions for foreign spouses. The attorneys at Romben Law, APC have sought and created legal immigration solutions for same-sex couples for years, here in West Hollywood and Los Angeles, throughout the United States, and even overseas. I have been an attorney for almost thirty years and have been an advocate for gay and lesbian immigrants for most of that time. I have counseled over a thousand same-sex couples in my time, and this is the best news so far in the fight to permit US citizens to petition their same-sex partners.

However, it is not clear how this will spin out. I wish I could tell couples to go out, get married where it’s legal to do so, and file the Family Petitions — but I don’t think it’s prudent just yet. Why not?

First, the Department of Homeland Security is no joke. They are serious about removing people from the USA wherever undocumented people can be found. If you are trying to protect your loved one, you don’t volunteer him or her to be a guinea pig! By filing a petition, you are revealing the exact address of your spouse. US Immigration and Customs Enforcement (ICE) is famous for the “knock in the middle of the night.”

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,

August 24, 2009

Immigration Reform Set for 2010

by Romben Law, APC

Because the debates about Health Care Reform are taking so much of the Congress’ energy, the Obama Administration believes that Comprehensive Immigration Reform (CIR) will not be considered by the Congress until the beginning of 2010. Romben Law, APC has many clients in Los Angeles, CA and throughout the nation who would benefit from the passage of CIR. In a recent article, President Obama restated his commitment to humane immigration law reform.

Two of the most anticipated provisions of CIR would be the Development, Relief, and Education for Alien Minors Act (DREAM Act) and the Uniting American Families Act (UAFA).

The DREAM Act would allow the normalization of the immigration status of certain undocument students who were brought prior to age 16 to the United States by their parents or guardians. These students have lived and been educated in the USA, and it would be fundamentally unfair to deny them immigration status, when they did not come to the USA through their own decision, and when the USA is often the only country these students have ever really known.

June 8, 2009

Hearings on Uniting American Families Act (UAFA)

by Romben Law, APC

On 3 June 2009, the US Senate Judiciary Committee held hearings on the Uniting American Families Act (UAFA). UAFA would amend US immigration law to permit American citizens and Legal Permanent Residents to sponsor their same-sex partners as traditionally-married Americans can. J Craig Fong (Retired from the practice of law), partner in the Los Angeles immigration law firm of Romben Law, APC, has been an advocate for gay men and lesbians for over 20 years, advising and representing same-sex couples and other non-traditional families.

In one form or another, UAFA has been introduced in Congress each year since 2000. If passed, UAFA would make available to same-sex partners the same immigration status enjoyed by spouses of US citizens and residents.

Advocates have urged the Congress to pass UAFA, as a stand-alone bill or as part of a larger, Comprehensive Immigration Reform (CIR) package. The Obama administration has indicated its willingness to now address immigration issues, and many believe that now may be the time. The American Immigration Lawyers Association (AILA) has also indicated its support for UAFA.

May 1, 2009

Economic Downturn Causes Couples to Live in Different Cities

by Romben Law, APC

Romben Law, APC is an immigration law firm with extensive experience with family-based petitions. Although we are located in Los Angeles, we handle cases throughout the USA, and we have recently noticed that the economic slowdown being felt in the USA is causing some married couples to take jobs in different cities.

This situation is hard enough on families where everyone is a US citizen. The effect on a couple which has pending marriage-based application for a legal permanent resident card — the so-called “green card” — can be horrendous. In my experience, many immigration officers don’t or won’t understand that economic need, job opportunities, family issues, and other circumstances can cause a perfectly legitimate married couple to have to live apart for a time.

Couples with marriage-based immigration cases should take care to (a) document the circumstances of the separate residences, (b) include any employment contracts or offers, (c) continue to place both spouses names on documentation like bills, insurance policies, leases, etc., to demonstrate that the couple is living in marital union.

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 22, 2009

HIV Declaration for B-1 + B-2 Visitor Visas Introduced by State Department

by Romben Law, APC

The nonimmigrant visa (B-1 / B-2) rules for HIV-positive people who want to visit the USA have been issued by the US Department of State (DOS). Los Angeles-based immigration law firm Romben Law, APC counsels and represents many HIV-positive persons, and unfortunately, the new nonimmigrant HIV Waiver Authorization puts HIV-positive people in a difficult position.

US immigration law denies entry to the USA to aliens who are HIV-positive. For nonimmigrants who wish to come to the USA as business or touristic visitors, the procedure has been to apply for a waiver under Immigration and Nationality Act (INA) sec. 212(d)(3)(A)(i). This waiver procedure is expensive, time-consuming, and exposes the applicant to possible arbitrary, capricious, or AIDS-phobic decisions of some adjudicating officers.

DOS has put into effect a procedure where the visa officer now has the authority to grant otherwise-visa-qualified HIV-positive applicants a B-1 / B-2 visitor visa, provided the alien signs a declaration (DS-5512) that:

April 8, 2009

Same-sex Couples and Immigration Reform

by Romben Law, APC

As the pioneering Los Angeles immigration law firm that has always welcomed inquiries and consultation from members of the gay, lesbian, bisexual, and transgender communities, Romben Law, APC has been tracking the progress of Comprehensive Immigration Reform (CIR) in the US Congress.

The New York Times is reporting that the White House will begin pushing Comprehensive Immigration Reform soon. The Uniting American Families Act (UAFA )must be included in the reform package.

UAFA will permit US citizens to petition for and immigrate their same-sex partners, on an equal basis as traditional spouses.