Immigration Visa Attorney Blog

February 27, 2010

Earthquake in Chile; Tsunami Threats Worldwide

Chile: an 8.8 magnitude earthquake hit Chile today. Lasting 90 seconds it was 500x more powerful than the one that shook Haiti. Tsunami warnings and alerts are now in place from South America to Asia and throughout the Pacific. Evacuations have already begun in Hawai’i. Romben Law, APC sends a message of hope and support to our Chilean clients who may have relatives or loved ones in the country.

Like Haitians present in the United States after the devastating earthquake in their home country, Chileans in the United States may soon be eligible for “Temporary Protected Status” or “TPS” if Congress designates Chile as a country where nationals cannot return safely because of dire conditions impacting the country. Haiti was designated a TPS country on January 21, 2010, only nine days after the January 12 earthquake.

Travel back to Chile may be impossible for quite some time, however those who have H-1B1 or other temporary visas, and who want to travel to the country in the weeks to come should review the Department of State website for all warnings on travel conditions.

February 26, 2010

Adoptions of Orphans from Haiti

by Romben Law, APC

USCIS published guidance this week helping adoptive parents with pending adoptions of orphaned children from Haiti. To help families whose adoptions were not finalized before the earthquake, a separate category now allows for the parole of children into the United States even before the adoption is final.

For families who want to bring their children into the US before the adoption has been finalized, once here, adoptive parents will need to choose between adjusting their child’s status as an orphan or as an adopted child. Few immigration attorneys have handled cases of orphaned children or adoptions made in the United States.

The attorneys at Romben Law, APC have extensive experience in helping families to immigrate both orphaned children and children already present in the United States. If you would like a consultation about the the options you may have for your family, call us for a consultation. As we have in the aftermath of the 2004 Indian Ocean tsunami, Romben Law, APC has encouraged clients to give to the relief efforts for Haiti in lieu of consultation fees. We thank those who have given to the Red Cross and to Doctors Without Borders. —ecf

February 17, 2010

FY 2010 H-1B Season: Issues on the Horizon

by Romben Law, APC

The H-1B season begins on April 1, 2010. The attorneys at Romben Law, APC have been fielding phone calls and queries about filing new H-1B petitions. With relatively new changes in place for processing labor condition applications (LCA) this new process has caused such delay that even the USCIS ombudsman has called for some leniency in accepting cases with no certified LCA.

Based on last H-1B season, employer’s tax returns, payroll records and other indicators of viability are now highly scrutinized. Applicants should also be prepared for the USCIS to review all of their previous immigration history, and of course their qualifications for the job. If you have questions about the H-1B process and how you can best prepare your application, contact Romben Law, APC. —ecf

February 11, 2010

Immigration Reform Bill Introduced in Congress

by Romben Law, APC

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.”

February 5, 2010

Retina Scans Being Done at US Ports of Entry

by Romben Law, APC

We at Romben Law, APC in Los Angeles believe in keeping the USA safe; however, we are also aware that many security measures can be a burden. As immigration attorneys, we are alert to security mechanisms which may violate the civil rights of immigrants and visitors.

We have recently recently received a report — which we have not yet been able to verify — that the Philadelphia, Pennsylvania and Newark, New Jersey ports of entry are conducting retina scans on arriving non-Americans and non-Legal Permanent Residents. This is in addition to the fingerprints that are routinely taken from all US visitors.

There may be other ports of entry using the retina scan, and we would appreciate hearing from anyone who knows which other POEs are using such scans.

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

January 26, 2010

DHS Roams Airport Terminals, Requests ID and Passports

by Romben Law, APC

PPT Control.png With all our experience counseling on immigration law questions, the attorneys at Romben Law, APC in Los Angeles do not regularly get the chance to see the day-in, day-out operations at airports and other ports of entry.

Whether it is Department of Homeland Security (DHS) policy or not, I do not know, but last week, I noticed DHS personnel roaming through the terminals at Dulles International Airport in Washington, DC. They actually went to various gates and randomly requested ID or passports from OUTBOUND passengers seated in the boarding areas.

That is, they checked the documents of both Americans and foreigners who were LEAVING the USA. Not entering.

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

December 18, 2009

Jon and Kate Divorce is Final but What if…

by Romben Law, APC

Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that’s old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.

Divorce is always difficult. Kate says she looks forward to her future. No word from Jon…yet. For the Gosselins, they can and should move on.

But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?