California Immigration Lawyer Blog

On August 18, 2009, San Francisco county supervisor, David Campos, introduced legislation, "Confidentiality of juveniles' immigration status," which would permit San Francisco authorities to turn over youths to the Department of Homeland Security only if the youths are convicted of a felony. This is a change in the current law which requires the immigration authorities to be contacted when a youth is arrested for a felony.

Supporters of the proposed legislation like it because they view the current law as drastic. Currently If the Department of Homeland Security is alerted to all felony arrests and finds someone here illegally, they will take action to remove that person from the United States. Under the proposed law, fewer youths are likely to be turned over to the Department of Homeland Security because there will not be as many youths convicted of a felony.

Opponents of the proposed legislation state that it conflicts with federal law and that it would open up the City of San Francisco to legal challenges if it passes.

You may read more about the law in the San Francisco Chronicle article, "New Sanctuary Proposal protecting youths."

In order to petition for your relative to immigrate to the United States, you must: 1) be in the correct legal status and 2) not have been convicted of certain crimes. I will discuss both requirements in this post.

Legal Status

If you are a citizen of the United States, you may petition for your parent, spouse, child, unmarried adult son or daughter, and brother or sister.

If you are a lawful permanent resident of the United States, you may petition for your spouse, child and unmarried son or daughter.

It is not possible to petition for any other kind of family relative such as grandparents, grand-children, cousins, aunts or uncles. Similarly, the only persons who may petition are citizens and lawful permanent residents. Non-immigrants may not petition for relatives to immigrate permanently.

In order to start the process, a "petition for alien relative" is filed with United States Citizenship and Immigration Services ("USCIS") on Form I-130. In general, the petitioner files it with proof of legal status and proof of the relationship. I will discuss the type of proof that needs to be filed with petitions in a later post.

Crimes that make a petitioner ineligible to file

A petitioner is prohibited from petitioning for a relative if he or she has been convicted of "any specified offense against a minor" unless the Secretary of Homeland Security determines in his or her sole and unreviewable discretion that the petitioner poses no risk to the beneficiary. The list of offenses include:

• An offense (unless committed by a parent or guardian) involving kidnapping;
• An offense (unless committed by a parent or guardian) involving false imprisonment;
• Solicitation to engage in sexual conduct;
• Use in a sexual performance;
• Solicitation to practice prostitution;
• Video voyeurism as described in section 1801 of Title 18, United States Code;
• Possession, production, or distribution of child pornography;
• Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; or
• Any conduct that by its nature is a sex offense against a minor.

Continue reading "Can I petition for my relative to immigrate to the United States?" »

Requesting continuances of cases in Immigration Court can be tricky. You never know if it will be granted because it most often depends on the judge's discretion. There is very little case law on when continuances should be granted. Fortunately, a few days ago, the Board of Immigration Appeals ("BIA" or "Board") decided a case in which it has provided some guidance on when a continuance may be granted.

In Matter of Hashmi, 24 I&N Dec.785 (BIA 2009), the respondent (Mr. Hashmi) was married to an American citizen who had filed a visa petition (Form I-130) on his behalf. The Immigration Judge permitted several continuances in the proceedings to allow time for USCIS to adjudicate the visa petition. If the visa petition would have been approved, Mr. Hashmi would have been immediately eligible for adjustment of status (green card). Mr. Hashmi managed to obtain four continuances but the Judge denied the fifth request. The Judge denied it because he stated that he was forced to meet case completion goals and he needed to make a decision because the case had already been pending for 18 months in the Immigration Court. Mr. Hashmi appealed and after the Board of Immigration Appeals initially denied it, he was finally was successful at the Third Circuit. The Third Circuit reversed and remanded back to the Board of Immigration Appeals.

Upon the case's return to the Board, the BIA considered what factors would constitute good cause for the grant of a continuance in a situation in which the person in removal proceedings (known as the "respondent") has a visa petition pending and would be immediately eligible for adjustment of status (green card) but is waiting for USCIS to adjudicate the visa petition. The BIA decided that there are five factors that a Judge must consider before ruling on a Motion to Continue in this situation. These factors are:

1. the Department of Homeland Security's response to the Motion to Continue;


2. whether the visa petition is prima facie approvable;


3. the respondent's statutory eligibility for adjustment of status;


4. whether the respondent's application for adjustment of status merits a favorable exercise of discretion;


5. the reason for the continuance and any other relevant procedural factors.

The Board stressed that these factors were "illustrative, not exhaustive." (Id., at 790)

Finally, the BIA found that a judge's "case completion goals" "is not a proper factor in deciding a continuance request." (Id. at 794)

Overall this is a very helpful case because it provides us with some guidance in a situation in which we had none before. It will now hopefully be easier to obtain continuances in cases when, through no fault of their own, respondents have been waiting for USICS to adjudicate their petitions.

There is a question on the N-400, Application for Naturalization, that asks:

Between March 23, 1933, and May 8, 1945, did you work for or associate in any way (either directly or indirectly) with:

a. The Nazi government of Germany?
b. Any government in any area (1) occupied by, (2) allied with,or (3) established with the help of the Nazi government of Germany?
c. Any German, Nazi, or S.S. military unit, paramilitary unit, self-defense unit, vigilante unit, citizen unit, police unit, government agency, or office, extermination camp, concentration camp, prisoner of war camp, prison, labor camp, or transit camp?

Every time I assist in citizenship preparation, my clients ask me why that question is still on the form. I answer that it will not be taken off until every person who it could possibly apply to is dead.

Once in a while, we still hear about people involved in Nazi persecution and our government's efforts to de-naturalize and deport such people. One of these people is John Demjanjuk. The U.S. government has spent many years trying to deport Mr. Demjanjuk. Mr. Demjanjuk was originally from Ukraine and had served as a concentration camp guard under Nazi rule. He had failed to disclose his past when he entered the United States in 1952. (For an excellent summary of the immigration proceedings, have a look at the Wikipedia site on John Demjanjuk).

On December 28, 2005, an Immigration Judge ordered Mr.Demanjuk deported. He appealed that decision to the Board of Immigration Appeals and the 6th Circuit Court of Appeals. He lost. Unfortunately no country would take him back so the U.S. Government could not deport him. That is, until now. Recently the German government has requested that Mr. Demjanuk be extradited to Germany to stand trial on 29,000 charges of accessory to murder.

Mr. Demanjuk has filed a Motion to Reopen with the Board of Immigration Appeals and recently on April 14, 2009, a Motion for a Stay of the removal order with the 6th Circuit Court of Appeals. He argues that he is in ill health and that traveling to Germany and standing trial would be a violation of the International Convention Against Torture.

At first I was a little sympathetic to Mr. Demanjuk. He is 89 years old and appears to be in ill health. I do not know why the German government wants to put Mr. Demanjuk on trial now. What will they do if they are successful? Will they carry out an execution? However, the more I thought about it, the more I changed my mind. Mr. Demanjuk is a lucky man, although he might not think so. He has managed to avoid deportation for many years. Even when ordered deported, our government could not carry out the order. Now Germany wants him. He should have been deported several years ago. Many people who have been living in the United States illegally are deported, and they were not concentration camp guards. They were hard working people who only committed the crime of coming to the United States illegally. Mr. Demanjuk, who lied when he came to the United States and committed multiple acts of human rights violations, does not deserve any better by being allowed to stay.

I do not see that travel and a trial in Germany constitute violations against the International Convention Against Torture. Germany will provide him with medical care while he is there. It is probably better than ours. It will be unpleasant to go there and deal with this, but not torture.

Rabbi Hier, of the Simon Wiesenthal Center, summed up the reasons for the extradition the best. "His [Mr. Demanjuk's] defenders say that at 89, he is too old to be deported. His 29,000 victims would have only wished that they would have been so fortunate to reach the age of 89." (It is worth reading his entire statement on the John Demanjuk deportation).

Continue reading "Holocaust Remembrance Day and John Demjanjuk" »

The American Immigration Lawyers Association, northern California chapter, is sponsoring a free workshop on citizenship and will assist people in preparing their applications. The event will be held on April 18, 2009 from 10:00 a.m. to 2:00 p.m., at the Meyer Lounge, Hastings College of the Law. Hastings is located at 198 McAllister Street in San Francisco, located near the Civic Center BART station.

You do not need to preregister to participate, just drop in. However, you must have ID to enter into the building.

For more information including on items to bring, please review the attached flyer about the citizenship workshop.

Tomorrow (Saturday), April 4, 2009, at 3:00 p.m. (pacific daylight time), I will be giving a presentation on Second Life© (www.secondlife.com) to a group of avatars on how to bring a fiance (K-1) or spouse to the United States. The group that has asked me to speak is called "crossing borders." It is comprised of people (avatars) who have met on Second Life and now wish to bring their relationships into real life.

I will be talking about the following topics:

• consular processing vs. adjustment of status;


• tips on filing a petition with USCIS;


• tips on preparing for the interview.

If you are on Second Life and are looking for the meeting, send me an IM (to my avatar "Geri Kuhn") and I will send you a landmark to the meeting. Hope to see you there.

The Office of the Inspector General ("OIG") of the Social Security Administration ("SSA") recently released a report on Religous workers' use of Social Security numbers. The religious worker program has come under a great deal of scrutiny lately because of alleged fraud. The objectives of the study were to (1) assess Social Security number (SSN) use by non-immigrants with a religious worker classification as well as to (2) evaluate Social Security's own internal processing procedures. I will discuss the results of the first objective.

In order to conduct the study, the OIG selected a population of 5,392 nonimmigrants to whom SSA assigned original SSN's based on evidence that they were R-1 religious workers from April 1, 2005 through March 31, 2006. From this population they randomly selected a sample of 200 records to assess R-1 religious workers' use of SSNs. The OIG found that some religious workers were using their SSNs for purposes other than to work for their sponsoring religious worker organizations.

Continue reading "R-1 religous workers' use of Social Security numbers" »

April 1 is the first date when applications for H-1B visas may be submitted to United States Citizenship and Immigration Services ("USCIS") for jobs beginning on October 1, 2009. Immigration attorneys are now gearing up to file these petitions so that they are received at USCIS on April 1.

Recently the liaison committee of my professional association asked officials at the California Service Center ("CSC") to specify what type of documentation they would accept in order to establish that the potential employee had met the degree requirements for the job. The CSC responded that they would accept the following:

• A final transcript; OR
  
• A letter from the registrar; OR
  
• A letter executed by the person in charge of the records of the educational institution where the degree was awarded.
  

If the third option is chosen, then that person must show that they are authorized to issue such letters.

The degree requirements must be completed prior to the filing of the H-1B.

I recently received a question at my office as to whether non-immigrant students (on F-1 student visas) have to pay Social Security taxes. After a little research, I discovered that they do not have to pay Social Security taxes. I was surprised to learn this because there are other non-immigrants who do. Nevertheless, as long as they are they are working in employment authorized by United States Citizenship Immigration Services ("USCIS"), wages should not be deducted from their pay checks for Social Security. Of course, the IRS points out in its explanation on foreign student liability for Social Security that if they were to engage in self-employment or in unauthorized employment (not pursuant to the terms of their status), they would be liable for Social Security taxes.

The other non-immigrant categories exempt from Social Security taxes include: J-1, M-1, Q-1/Q-2 (scholars, professors, teachers, trainees, researchers, physicians, au pairs, summer camp and workers).

Photo by CNR CLLNS

In 1910, an immigration station began operation on Angel Island. At that time, it was used primarily to detain Chinese immigrants. It was touted as the "Ellis Island of the West, because of the location. Angel Island is the largest island in the San Francisco Bay, located one mile south of the Tiburon Peninsula. It is accessible only by commercial ferries and private boats. It was considered ideal because of its isolation. From 1910 - 1940, it was the landing point for most Chinese immigrants and approximately 175,000 people came to Angel Island. According to the website for Angel Island's Immigration station, the average detention was two to three weeks, but many stayed for months and few were forced to remain on the island for two years.

The station fell into disrepair for many years and the island was used for other purposes. In 2000, California voters passed a proposition to repair the station. It has now re-opened although the renovation process is not yet complete. A museum is now opened in the old barracks buildings. It includes a re-creation of one of the dormitories and features some of the poems that were carved into the walls by people who were detained there.

The Immigration station is worth a visit for anyone wishing to know more about this period in our immigration history. According to the Immigration Station's website, the museum is open on the weekends from April to November. You can also arrange for a private tour by calling the Angel Island State Park Volunteer Coordinator at 415-435-3522.

If you would like to visit Angel Island, you may travel there by any one of commercial ferries. You can access ferry information and other general information about Angel Island on their website.

On February 4, 2009, President Obama signed into law the 2009 Children's Health Program Reauthorization Act (CHPRA H.R. 2) . This law reauthorizes the Children's Health Program which provides money to the states for children's health. Included in the law is also a provision which removes the five year waiting period for legal immigrant children and pregnant women to access health coverage It does this by granting federal money to the states so that they may provide health coverage through CHIP and Medicaid.

This is a welcome development at a time when people may be losing health insurance as a result of a job layoffs.

Photo by US Army Korea IMCOM

Today, United States and Immigration Services (USCIS) issued a fact sheet on the naturalization process for members serving in the military. Individuals who serve in the Army, Navy, Marine Corps, Air Force, Coast Guard, certain components of the National Guard and the Selected Reserve of the Ready Reserve may be eligible for expedited naturalization.

The fact sheet, Naturalization process for the military, specifies the requirements for naturalization in peace time and in war time. It also contains information on the documents an applicant needs to submit in order to apply for naturalization.

Also of interest are the statistics on the number of military personnel naturalized. For instance, since 2001, USCIS has naturalized 45,019 service men and women serving both in and outside of the United States. In addition, USCIS has granted posthumous citizenship to 188 members of the U.S. Armed forces since September 2002. There are additional statistics available on the fact sheet such as naturalization by country of origin.

It is nice to have all the information about military naturalization in one place.

The Immigration Policy Project of the National Conference of State Legislatures ("NCSL") has recently published its report of State laws related to immigrants and immigration in 2008 passed by state legislatures across the United States in 2008. Last year, 1305 pieces of legislation were introduced. In 41 states, at least one law or resolution was enacted, with a total of 206 laws and resolutions enacted nationwide.

The California State Legislature in Sacramento passed five pieces of legislation:

• Assembly Bill (AB) 499 (Signed 09/27/2008) This Act, the Sexually Exploited Minors Pilot Project, authorizes the District Attorney of Alameda County to create a pilot project addressing the needs and effective treatment of commercially sexually exploited minors.
• AB 2448 (Signed 09/27/2008) This bill, waiver of court fees and costs, allows an applicant beginning on July 1, 2009, to proceed without paying court fees and costs due to the applicant's financial situation if he or she is receiving public benefits under the Cash Assistance Program for the Aged, Blind and Disabled Legal Immigrants (CAPI).
• AB 88 (Signed 9/23/2008) This law, contained in the Budget Act of 2008, provides $8.8 million of reimbursements to CALWORKS participants. Providers of adult basic education, English as a Second Language, and English as a Second Language-Citizenship for legal permanent residents, shall grant priority for services to immigrants facing the loss of federal benefits under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193). The law also provides for citizenship and naturalization preparation services.
• AB 1781 (signed 9/23/2008) This bill also contained in the Budget Act of 2008, provides funding for various migrant related services, including housing. The Act allocates ten percent of the Community Services Block Grant to migrant and seasonal farm worker programs; $600,000 for a three-year program evaluation to meet federal Title I Migrant Education Program requirements; and funds migrant day and child care.
• AB 2405 (Signed 8/1/2008)
  The Act, relating to domestic violence, permits a county to authorize an additional fee to be imposed upon a conviction for specified crimes of domestic violence, to be deposited into a fund in each county to be used for domestic violence prevention programs that focus on assisting women who are immigrants, refugees, or persons who live in rural communities.

In addition to these laws, the legislature passed 10 resolutions honoring various immigrant communities.

On Thursday January 16, 2009, the city of San Francisco began issuing municipal identification cards. Any resident of San Francisco may apply for a card, regardless of immigration status. The purpose of the card is to allow residents to show identification when seeking city services such as using a library or accessing health care.

The issuance of these cards has come under a lot of criticism. The city was sued last year in a lawsuit that claimed the issuance of cards would cause illegal immigration. The suit was dismissed in November.

Supporters of the cards claim that the cards are not just for illegal immigrants. For example, people who are homeless do not have a fixed address and so are unable to obtain identification cards.

In order to obtain a card, you may make an appointment up to 30 days in advance at the County Clerk's office, room 168, in City Hall, from 8:00-4:00 p.m., or you may call 3-1-1 (in San Francisco). You also may email the County Clerk at sf.city.id@sfgov.org. If you do email, you should include your name, phone number and preferred dates/times for an appointment in the email.

At the appointment you will need to fill out an application, show proof of identity (such as a foreign passport), and proof of city residency (such as a utility bill), pay the fee (it ranges from $5.00 to $15.00 depending on your age), and get a picture taken. You will then be issued your identification card. The ID card will be valid for two years or until the card holder turns 14 so long as the card holder remains a resident of San Francisco.

The City makes it clear on their website that the card is not a license to drive, not intended to be used as proof of legal age to buy alcohol or tobacco and not intended to be accepted by federal agencies for federal identification or other official purposes.

You may obtain more information by visiting San Francisco County Clerk's website at:http://www.sfgov.org/sfcityidcard

I previously wrote a post on the e-verify program and the mandatory rule for employers hiring federal contractors to use this program beginning on January 15, 2009.

Fortunately, the deadline for mandatory verification has been extended until February 20, 2009. The reason for the extension is because the U.S. Chamber of Commerce and four other associations have sued the government and litigation is pending. The name of the lawsuit is Chamber of Commerce of the United States of America, et al. v. Chertoff, et al (You will need an account on PACER, the federal court filing electronic system to view the whole case.) The lawsuit requests that the rule be declared invalid and that the court permanently enjoin it from going into effect on the grounds that neither the President nor the Department of Homeland Security ("DHS") had the authority to mandate the use of e-verify for federal contractors. The litigation also challenges e-verify on the grounds that it is an unfair burden to employers and that the database used by DHS is inaccurate.

USCIS has published a notice on their website announcing the delayed implementation. They also have published a good set of frequently asked questions about e-verify.

The General Accounting Office (“GAO”) has recently issued a report, "Actions needed to address vulnerabilities in process for granting permanent residency." It is interesting because while it acknowledges improvement in the adjudication of security background checks, it also strongly criticizes United States Citizenship and Immigration Services’ (“USCIS”) adjudication of permanent residence applications in a few key areas.

Here is the good news first. USCIS has been working diligently with the FBI in trying to reduce the security check backlog. The report notes that the number of pending name checks has decreased 90 percent, from 329,000 in May 2007 to 32,000 as of September 30, 2008. The FBI plans on being able to complete all name checks within 90 days of receipt by June 2009.

The GAO found though that USCIS has failed to address vulnerabilities that they were directed to resolve in 2006 and 2007. USCIS has a unit that investigates fraud called the “Office of Fraud Detection and National Security (“FDNS”). (It is ironic that USCIS places fraud and national security in the same office.) They apparently have identified several areas of fraud in the adjudication of applications for permanent residence. These areas are with 1) religious worker petitions; 2) petitions for skilled and unskilled workers; 3) petitions for spouses; 4) petitions for relatives from Yemen, and 5) applications for political asylum. (This report did not discuss how those areas were identified.) The GAO noted that aside from some movement in regulations for religious workers, USCIS has not taken any action in the other areas where USCIS itself found fraud.

The GAO also found evidence that USCIS’ own adjudication procedures were vulnerable to fraud by employees of USCIS and they gave an example of where this happened.

The GAO strongly urged USCIS to take action on the areas they have identified, otherwise people not entitled to benefits will receive them while others who have filed legitimate petitions must continue to wait in long backlogs.

Photo by Batbob

Beginning on January 21, 2009, all naturalization ceremonies scheduled by the San Francisco U.S. Citizenship and Immigration Services ("USCIS") district office will take place at the Paramount theater in Oakland instead of the Masonic Auditorium in San Francisco. The Paramount theater is located at 2050 Broadway Avenue, Oakland, CA, near the 19th Street BART station and is at the back of the USCIS Oakland Application Support Center.

Kudos to the San Francisco district office for changing the location to a beautiful venue and a location very accessible by public transportation.

It seems everyone is making predictions for the new year so I figure I can as well. My predictions are based on what I see going on around me in the San Francisco Bay area. Unfortunately I do not see a good year ahead for immigrants in the year to come, but not wanting to end on a pessimistic note, my last prediction is not depressing, although somewhat sarcastic. Here are my predictions:

1. There will be no immigration reform in 2009.
Although President-elect Obama has stated in his Plan for Science and Innovation that immigration reform is important to attract talented people to the United States, I do not see it happening in 2009 - at least reform that will benefit immigrants. Unfortunately, I do see immigration restriction as a possibility. Historically, our immigration laws have been tied to the economic situation in the U.S. When work is plentiful, our immigration policies encourage immigration. When work is perceived as scarce, our laws become restrictive. For example, in the 1840s and 1860s, American welcomed large numbers of Chinese immigrants. They primarily worked in mining (during the Gold Rush) and on building the railroads. When mining decreased and jobs were perceived as scarce, our government in 1882 passed the "Chinese Exclusion Act," which prohibited "skilled and unskilled laborers and Chinese employed in mining" from entering the country for ten years under penalty of imprisonment and deportation. It also prohibited Chinese lawful permanent residents who were already in the United States from obtaining citizenship. It had far reaching repercussions and effectively stopped immigrants from China from being able to immigrate. Following another wave of immigrants in the early 1900s, our government restricted immigration in the 1920s with a strict quota enacted in 1924. The quota together with the Depression, effectively curtailed immigration in the United States until after World War II. Given the current economic situation today, I believe history will repeat itself and we will not see any legislation that will expand immigration.

2. There will be no additional H-1B numbers allocated this year.
Based on what I mentioned in the previous paragraph, I do not see an expansion in the H-1B program. The H-1B program (permitting professionals to work for a temporary period in specialty occupations) has come under a lot of criticism in the past year. Employers and advocates will have a hard time explaining why additional numbers are needed when there is high unemployment in the United States.

Continue reading "My predictions for Immigration policy in 2009" »

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.

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.

It can take years to bring family family members to the United States legally - anywhere from 1 year to 15 years, depending on the category of the petition and the country the beneficiary comes from. The wait unfortunately does not guarantee a visa. Indeed, there are certain circumstances which can automatically terminate the petition. For instance, if the petitioner dies, the petition is automatically revoked. Thus after waiting 15 years, a petition can die with the petitioner.

In such a situation it is possible to seek "humanitarian reinstatement." In order to seek reinstatement, you must file a request at the location where the petition is pending. (I.e., at the embassy abroad or at a Service Center in the United States. For those of us in northern California, you would send it to the to the California Service Center. In order to succeed in your request, you must prove that there is a humanitarian reason why the petition should be reinstated by discussing the following factors: 1) disruption of a family unit; 2) hardship to United States citizens or lawful permanent residents; 3) a beneficiary who is elderly or in ill health (but not so severe that she would be prevented from immigrating); 4) a beneficiary who has had a lengthy residence in the United States; 5) a beneficiary who has no home to go to; 6) undue delay in processing by USCIS or consular officers; 7) a beneficiary who has strong family ties in the United States.

In addition to this request, you will have to submit a new affidavit of support from a different family member since the petitioner has passed away. Acceptable family members who can substitute for the petitioner include: spouse, parent, in-laws, sibling, child (if at least 18 years old), brother-in-law or sister-in-law, son-in-law, daughter-in-law, grandparent, grandchild, or legal guardian of beneficiary.

But now for the icing on the cake. At a recent meeting held between attorneys and California Service Staff on November 19, 2008, representatives from the California Service Center indicated that it is currently taking two years to process reinstatement petitions. This seems unconscionable to me. In a situation such as this, where the petitioner has died, the beneficiary is already grieving for her loss. It seems cruel to make her wait an additional two years, just to inform her whether or not the petition will be reinstated. What are they doing for two years and how can this be justified?

The government has rolled out another program in the name of security for visa waiver applicants called "Electronic System for Travel Authorization," or ESTA, for short. Effective January 12, 2009, all visa waiver program ("VWP") travelers will be required to obtain a travel authorization via ESTA prior to boarding a carrier to travel by air or sea under the VWP.

The VWP permits visitors from certain countries to visit the United States for 90 days without obtaining a visa. A list of the countries is as follows.

As of November 17, 2008, The following countries are now included in the visa wavier program: the Czech Republic, Estonia, Hungary, Republic of Korea, Latvia, Lithuania, Slovakia. Visitors from these countries must have an e-passport and must be using ESTA now.

Continue reading "ESTA or arresta " »

It may be easier for dogs or cats to immigrate to the United States than for humans. They do not need passports. There are, however, requirements that their owners must follow in order to bring them to the U.S.

The importation of animals, in general, is regulated by the Centers for Disease Control and Prevention ("CDC"). There are different rules depending on the type of animal that is being imported into the United States. In addition to the CDC's regulations, each state and airline may have additional rules. This post will discuss the requirements for bringing your dog or cat into the United States.

Dogs

A general certificate of health is not required by CDC for entry of pet dogs into the United States, although some airlines or states may require them. (California does not.) Pet dogs are subject to inspection at ports of entry and may be denied entry into the United States if they have evidence of an infectious disease that can be transmitted to humans. If a dog appears to be ill, further examination by a licensed veterinarian at the owner's expense might be required at the port of entry.

Proof of Rabies Vaccination:
Dogs must have a certificate showing that they have been vaccinated against rabies at least 30 days prior to entry into the United States.

Importation of Unvacinated Dogs:
Dogs not accompanied by proof of rabies vaccination, including those that are too young to be vaccinated (i.e., less than 3 months of age), may be admitted if the importer completes a confinement agreement (see below) and confines the animal until it is considered adequately vaccinated against rabies (the vaccine is not considered effective until 30 days after the date of vaccination).

Confinement agreement (Form CDC 75.37)

Continue reading "Does my dog need a passport to immigrate to the United States?" »

I was at the eye doctor yesterday and my doctor asked me whether or not immigrants can receive Medicaid. This is a question I hear a lot. The answer to the question depends on a person's legal status in the United States, the date he or she entered the United States and the person's income.

Medicaid is a joint federal-state program that provides health insurance coverage to certain categories of low-income individuals, including children, pregnant women, parents of eligible children, seniors and people with disabilities. Each state administers its own Medicaid program. In California, the name of the program is Medi-Cal. In general, it is a program for people who have limited income and no health insurance or poor health insurance. There are various criteria for eligibility including age, pregnancy, disability, blindness, income and resources, and one's status in the United States. This blog post will focus on the legal status aspect.

First, in order to receive Medicaid, you have to be what is called a "qualified immigrant." Qualified immigrants include the following: 1) lawful permanent residents (green card holders); 2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry (in effect prior to April 1, 1980), or paroled into the United States for at least one year; 3) Cuban/Haitian entrants; 4) battered spouses and children with a pending or approved a) self-petition for an immigrant visa, or b) immigrant visa filed for a spouse or child by a U.S. Citizen or lawful permanent resident, or c) applicant for cancellation of removal/suspension of deportation, whose need for benefits has a substantial connection to the battery or cruelty. A parent/child of a battered child/spouse are also "qualified." Victims of trafficking are not included in the "qualified" definition but they and their derivative beneficiaries are eligible for benefits funded or administered by federal agencies, without regard to their immigration status. Any non-citizen who does not fall under one of those preceding categories would not be eligible for Medicaid.

Continue reading "Can immigrants receive Medicaid?" »

As you make your vacation plans for the holidays, you may wish to check out a new desktop widget that U.S. Customs and Border Protection ("CBP") has recently launched. You can input the destination and the date of your trip and it will then provide you with the weather and a countdown of days until your departure. More importantly, the widget will also remind you of the appropriate immigration documents necessary to obtain before you leave so that you may re-enter the United States.

CBP is trying to do more outreach concerning the "Western Hemisphere Travel Initiative" known as "WHTI." WHTI requires American and Canadian travelers to present a passport or other document that denotes identity and citizenship when entering the United States. As Californians, we have been used to going to Mexico and then returning with nothing more than a regular driver's license. This is no longer possible. WHTI is already in effect for travel though all air ports and will be effective June, 1, 2009 for all land and sea ports.

I tested the widget out by entering a date for a trip to Mexico. I wish I was going!

You may download the widget at the CBP's website link for WHTI appropriately entitled "getyouhome."

Effective today, a new law extends SSI eligibility for an additional two years to asylees, refugees, persons granted withholding of removal and other humanitarian immigrants. This law will benefit many people who had been cut off of SSI because they were not citizens.

If you lost SSI because you were not a citizen within seven years, you may now receive an additional two years if you meet one of the following conditions:

1. You are under 18 years old or over 70 years old; OR
2. You have been a lawful permanent resident (green card holder) for less than six years; OR
3. You applied for lawful permanent residence within four years after you started receiving SSI: OR
4. You are or were granted status as a Cuban Haitian Entrant; OR
5. You have been granted withholding of removal; OR
6. You have a pending application for citizenship but you are not yet an American citizen.

Continue reading "New law extends SSI eligibility for asylees and refugees " »