California Immigration Lawyer Blog

I usually spend some time every day at my San Francisco Bay Area immigration law office making inquires on pending cases. It is a frustrating process because I rarely receive answers and when I do, they usually are not helpful.

United States Citizenship and Immigration Services ("USCIS") has recently released guidance on how to make inquiries at their Service Centers. They provide a three step process. The first step is to call their National Customer Service Center at 1-800-375-5283. If the issue is not resolved in 30 days, you proceed on to the next step which is to email the USCIS Service Center where your case is pending. The email addresses are:

If there is no response to the email, you proceed to the last step which is to notify the USCIS Headquarters office of Service Center Operations by email at SCOPSSCATA@dhs.gov. The notice indicates that you will receive a response from this email within ten days.

It remains to be seen whether this system actually works. I will try it out in a few cases and will report back what happens.

Posted by Geri Kahn | Permalink | Email This Post

Posted In: California Service Center , Procedures , 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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Beginning April 6, 2009, nonimmigrant visa applicants at the American consular post in Ciudad Juarez, Mexico, must obtain an Application Support Center (ASC) appointment for biometrics before attending the nonimmigrant visa interview appointment at the post. The ASC for Cd. Juarez is located at the old consular post site at Avenida Lopez Mateos 924 N, Fracc. La Playa in Building C.

Right now it is not possible to do the biometrics appointment and the consular interview on the same day so you must first schedule the biometrics appointment one day and then the consular interview on a subsequent day. The appointments need not be on consecutive dates. For more information on consular procedures, you may check the U.S. Consulate's webpage.

Posted by Geri Kahn | Permalink | Email This Post

Posted In: Consular processing , Procedures

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A few days ago I saw a client from the San Francisco Bay area who had different spellings of his name on his government issued documents: one version on the green card, one on the California Driver's License and finally another on the Social Security card. In the past, the different versions of spelling did not matter so much. A person could usually explain the difference to an employer if there was a question when completing the I-9 form. Unfortunately a discrepancy between what USCIS shows and what Social Security shows may now mean that he may not get hired because if an employer uses e-verify, the system could not verify that he is the same person authorized to work in the United States.

E-verify is an internet based system operated by the Department of Homeland Security in cooperation with the Social Security Administration that permits participating employers to electronically verify the employment eligibility of their newly hired employees. (For more about e-verify, see my previous post, "To e-verify or not to e-verify, that is the question.") One of the criticisms with e-verify is that there are mistakes such as this when a person has legal status but the data used is inconsistent.

The best way to resolve the problem is to make sure that both agencies have the correct spelling of your name. Not only is it necessary to get around the problems with e-verify but later in life, you may wish to receive Social Security and you will want to make sure that you have been credited with all of your earnings.

If the problem is with USCIS and you have a green card, you can file a Form I-90 to correct the spelling of your name and obtain a new green card. If the error is the fault of USCIS, the application is free. You must send the application in with proof of the correct spelling of your name.

If you are applying for citizenship and your name has a minor spelling or translation error, you may be able to convince the officer that you do not need to make a name change, but rather the mistake is simply due to a mistake in translation. You should bring a document with you that shows the correct spelling on it to show the officer. You will then obtain a certificate of naturalization with the correct spelling of your name and your name will be correct in USCIS records.

If you wish to change your name and then change your immigration documents, you will need to obtain a court order of your name change. Once you have the court order, you may submit it with either your Form I-90 (to obtain a new green card) or with your application for citizenship so that your new name will be placed on the naturalization certificate.

Continue reading "How to inform Social Security and Immigration if my name is misspelled or it changes " »

Posted by Geri Kahn | Permalink | Email This Post

Posted In: Department of Homeland Security , E-verify , Procedures , Social Security , USCIS

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In a major change of policy, United States Citizenship and Immigration Services ("USCIS") is now allowing people to bring cell phones into the building located at 630 Sansome Street in San Francisco.

Previously, the policy was that if you had a cell phone with a camera, you were not permitted to bring it into the building. Effective immediately, you may now bring a cell phone in, even if it has a camera. This policy applies to all visitors with the only restriction being that you are not permitted to take any pictures or use the phone as a recording device while in the building. If you do take a photo, you will be fined $125.00 and your phone will be taken away from you by Federal Protective Services.

The new policy will be in effect for a 90 day trial period. If all goes well and there are no incidents, the policy will remain in place.

I think this is a great change and a very welcome development.

Posted by Geri Kahn | Permalink | Email This Post

Posted In: Department of Homeland Security , Procedures , USCIS

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