California Immigration Lawyer Blog

I previously wrote a post on the Department of State's Social networking site promoting cultural exchange. Now the Department of Homeland Security is following with their social networking site called, "Our Border." The purpose of the site is to facilitate conversation between people and groups interested in issues surrounding the southwest border. Groups that are established on the site include: Citizenship and Immigration Services ("CIS"), Customs and Border Protection ("CBP"), Immigration and Customs Enforcement ("ICE") and Comprehensive Immigration Reform. It is interesting that on the DHS social networking site, the Comprehensive Immigration Reform group has the most members.

Every day the site will feature a video from the DHS' Youtube channel. (Look how far DHS has come!) Users can also post their own videos or posts. There are currently over 290 members of the networking site.

As a San Francisco bay area immigration attorney, I was kind of skeptical at first about a social networking site on border issues, but at looking at the posts, I have changed my mind. There appears to be some interesting discussion from a variety of people about border issues. There are also some good links to news stories on immigration topics. I joined the site and hope that it really will be a tool for open discussion. I will report back.

Posted by Geri Kahn | Permalink | Email This Post

Posted In: Department of Homeland Security , Department of State , Immigration and Customs Enforcement , Social networking , U.S. Customs and Border Protection , USCIS

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Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS Sacramento field office includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.

It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tattoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association’s (“AILA”) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:

Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant’s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.

A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.

Posted by Geri Kahn | Permalink | Email This Post

Posted In: Consular processing , Department of State , Medical exams , Procedures

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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.

Posted by Geri Kahn | Permalink | Email This Post

Posted In: Department of State , Immigration Law , Social networking

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