California Immigration Lawyer Blog

Effective January 22, 2009, residents of California will need to mail their naturalization applications to a new address. The new address is:
USCIS
P.O. Box 21251
Phoenix, AZ 85036

If you wish to file the application via courier or express mail, the address is:
USCIS
Attn: N-400
1820 E. Skyharbor Circle S Floor 1
Phoenix, AZ 85034

If you are in the armed forces or you a spouse of a member of the armed forces, you must file your naturalization application with the Nebraska Service Center, regardless of where you actually reside. The address is:

Nebraska Service Center
P.O. Box 87426
Lincoln, NE 68501–7426

The courier address for the Nebraska Service Center is:

Nebraska Service Center
850 S. Street
Lincoln, NE 68508

If you would like to see the entire Federal Register announcement listing all locations, you may access it here: Revision to Direct Mail Program for Submitting N-400.

I would think the American television watching public would be tired of reality tv by now. Well, apparently not. A new show will be premiering on January 6 called "Department of Homeland Security USA." According to ABC's press release the show is about the men and women who patrol more than 100,000 miles of America's borders. "The Department's missions include everything from vetting adoption papers and checking visitors' passports to intercepting undocumented immigrants, drugs and other contraband, and stopping potential terrorists trying to cross our borders. What viewers will see is powerful, dramatic, unforgettable and emotional, with unexpected moments of humor."

This show is apparently based on a popular Australian show called "Border Security." I have never seen the Australian show but I cannot imagine that the U.S. show is going to be so popular. If it becomes popular, it will only because the network has sensationalized it. Not every day of a border patrol officer is "dramatic, unforgettable and emotional."

Personally, I will not be watching the show. I get my dose of reality every day.

The San Francisco Immigration Court will be closed on December 26, 2008. Via email, the court administrator notified members of AILA (American Immigration Lawyers Association) that any hearings scheduled for that day would be rescheduled and any filings due that day would be accepted on the next business day. The San Francisco Immigration Court has jurisdiction of the San Francisco Department of Homeland Security offices and sub offices (covering all of northern California down to Fresno).

By Executive Order President Bush has ordered all federal agencies to be closed on December 26, so all other Immigration agencies will be closed as well.

A new rule, DNA-Sample Collection and Biological Evidence Preservation in the Federal Jurisdiction, goes into effect on January 9, 2009. It will expand DNA data collection to all people arrested for federal crimes and non-citizens who are detained. Currently the federal government collects DNA from persons convicted of felonies, violent crimes, aggravated sexual abuse, or serious military offenses.

In general, I believe DNA collection is a good thing. It helps to solve crimes and it is useful in research. I do not think though that the government needs to collect DNA from everyone and indeed we have not voted such a proposal in; yet it appears to be moving in that direction. On January 9, federal agencies can begin to collect DNA from non-U.S. citizens who are detained. This means that asylum seekers who are detained can be forced to give a DNA sample. Asylum seekers are not criminals. There is no legitimate reason to collect DNA from them. Likewise, anyone caught crossing the border illegally would have to give a DNA sample when they are "detained." Yes, illegally crossing the border is a crime but I am not sure why it is useful to have an illegal border crosser's DNA in the federal data base.

Just as alarming though is that a person's DNA can be collected at the time of an arrest of a non-violent offense, not at the time of conviction.

The government describes this law as just another means of data collection - like fingerprints, but this is not quite true; DNA reveals much more. A set of fingerprints can be used to identify a person and nothing more. A DNA sample contains not just identity but also a person's genetic make-up. It is not clear what the government would do with the knowledge of a person's genetic make up, but is alarming that they could do a search for all people with a "gene x." Do we want the government to have this kind of information?

The main criticism of the rule is that there is no provision for individuals to remove their DNA from federal criminal databases in cases where they have been wrongfully detained or may have even become citizens or proven their U.S. citizenship after being held in detention. Thus, the government could have a DNA sample from someone who has done nothing at all.

I believe that it is dangerous for the government to collect this kind of data which goes beyond the scope necessary for any criminal investigation. I hope the rule is challenged in court before it is implemented. Otherwise, I fear we are going down a path ripe for government abuse.

I'm shopping for a new dress. Fortunately shopping on Second Life© is cheaper than shopping in downtown San Francisco. My new dress will cost me less than L$500 (L=Linden dollars). This is the equivalent of U.S. $2.50.

Tomorrow, Saturday December 13, 10:00 a.m. (California time) is the SL Bar Association's second annual holiday party. The venue is a castle on the top of a mountain. We will have music, dancing, fireworks and of course, virtual food. Except for the virtual food, it will not be much different than the other bar association parties occurring at this time of year. The only difference - you can drink as much virtual alcohol you like and still be ready to head into the real office for a day of work or head into a mall and spend real money.

Hope you all will join us!

Apparently due to a shortage of skilled medical and language professionals in the armed forces, the Department of Defense ("DoD"), is recruiting individuals who have critical skills to the military. The critical skills include: doctors, nurses, and "certain experts in language with associated cultural backgrounds." They have identified 35 languages which are considered "vital to the DoD." The Department of Defense is running this program for a year and hopes to recruit 1000 people.

In order to be eligible for the program, an applicant must:

1. Be in one of the following categories at the time of enlistment:
a. refugee, asylee, Temporary Protected Status ("TPS") or
b. in one of the nonimmigrant categoreis: E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD,
TN, U, or V.

2. Have been in one of the above categories for two years prior to the enlistment but does not
need to be in the same category in the present time;

3. Not have had a single absence from the U.S. more than 90 days during the two years
prior to the enlistment date.

There are additional requirements specific to health care professionals and people with language abilities. For more information on this pilot program, you may read the Department of Defense Fact Sheet.

The DOD notes that members of the Armed Forces are eligible for expedited citizenship under a July 2002 Executive Order. Thus, the possibility of citizenship is the carrot which the DOD is using with the hope that it will lure foreign nationals to the armed services.

The Department of State, through the Bureau of Educational and Cultural Affairs has recently launched a new social networking site called Exchanges Connect. The purpose of it is for people from around the world to meet, freely express their opinions and learn about cultural exchange.

Like any social networking site, people can post their photos and videos and participate in discussions. In order to join, you must register through a simple process by providing a name, date of birth and email address. I joined so that I could explore it.

I learned that the site currently has 1,659 members from around the world. There are many groups you can join once you register such as a Fulbright group and a Youth Assembly at the United Nations. It truly is an international site as I saw blog posts from Bangladesh, Ireland, Macedonia and Iraq. Most people who are participating appear to be students.

The site provides a significant amount of information on international exchange programs and grants. It is a great way for people to meet, develop international friendships and learn about opportunities. I hope people will take advantage of it.

At the American Immigration Lawyers conference held in San Francisco last month, I attended a session about non-immigrant applications in Mexico and Canada. One of the speakers, Sylvia Johnson, Consular chief of the U.S. Embassy in Mexico City, Mexico, gave seven tips on preparing for a consular interview. As she was speaking, I immediately thought about placing her tips in my blog because I thought they were useful and of course, direct from the source. Here they are along with my own comments:

1. Complete the visa application forms as much as possible. This should go without saying but since Ms. Johnson said it, people must do it often enough such that it becomes an issue for them.

2. Bring current passports and expired passports.

3. Be prepared for the interview. You should review the application ahead of time. Understand what you are applying for and be familiar with the documentation in your case. Be relaxed and forthcoming during the interview.

4. Disclose all arrests. As Ms. Johnson stated, "nothing is ancient history any more." If a question asks about arrests, you must disclose them even if they happened a long time ago.

5. If you are entering the United States as part of an entertainment group, do not add friends or relatives to your group just so they can come to the United States. Group petitions are meant only for those members of the group. The government will find out eventually that someone is not really part of the group.

6. Be patient.

7. If you have recently naturalized, apply for a U.S. passport in the United States. It is easier and faster to obtain a passport in the United States. Do not apply for it abroad unless you have to. The embassy is overwhelmed.