February 28, 2008

San Diego Immigration Lawyer - Marriage Visa - Adjustment of Status Interview inside report

Many of our marriage visa clients and prospective clients, often want to know what actually happens at the final Marriage adjustment of status Interview. I try to describe and explain as best as I can, and often wish I could actually record the interview, but of course we are not allowed. So I have decided to take one of my Law Clerks, Andrea with me to one of the interviews. At the conclusion of the interview, she wrote in detail the sequence of events:

The immigration office in Chula Vista opens at 7:00am. Even that early on a Thursday morning there is already a long line at the door. Since our client has an appointment, we are able to walk right in after first showing identification and passing through security. The office itself is bright and bustling with televisions showing the news and signs in different languages on the walls. There is an edge of nervousness in the air as people apply for or wait on the results of their visa and citizenship applications.
As we sit in the waiting area, the attorney prepares his client for her interview. She has applied for a green card based on her marriage to an American citizen. This interview will determine whether she is approved or denied. The attorney explains what the interview will be like and what types of questions the interviewer will ask. Most of the questions will be about the couple’s marriage and relationship. It is important for the interviewer to see that the marriage is based on a real relationship, and is not just a scheme to obtain citizenship. One last check to make sure all the documents are in order, and we are called to the interview room.

Our interviewer has a reputation for toughness. He is stern, direct and gets straight to the point. He asks for documents showing evidence of the couple’s shared life, in this case a bank statement from a joint account. He asks for photos of the couple’s wedding, one photo of the priest performing the ceremony and one group shot of the whole family. He staples the photos into his file with the rest of the documents. The interview itself has two parts. For the first part, the interviewer asks specific questions to both husband and wife. How did you two meet? Where did you go on your first date? When did you move in together? How did you propose to her? He asks the husband, “How do you plan to support your wife?” and looks over financial documents.

Continue reading "San Diego Immigration Lawyer - Marriage Visa - Adjustment of Status Interview inside report" »

February 27, 2008

San Diego Immigration - Lou Dobbs v. ADL

immigration Daily, published a great comment about Lou Dobbs' recent episode with the ADL, he may be picking the wrong group to mess with.....


CNN's Lou Dobbs latest racist behavior resulted in his calling
the Anti-Defamation League (ADL) "a joke" and labeling the Anti-
Defamation League (ADL) as "absolute advocate group[] for open
borders and amnesty for illegal aliens". His latest actions
attack the ADL, an organization founded in 1913 to "to stop the
defamation of the Jewish people and to secure justice and fair
treatment to all" and go beyond his usual rantings against pro-
immigrationists. Mr. Dobb's latest tirade against the ADL could
be his death knell since he has taken on America's Jewish
community. In response, the American Jewish Committee press release
http://www.ajc.org/site/apps/nlnet/content2.aspx?c=ijITI2PHKoG&b=849241&ct=5031777
denounced media's recent treatment of immigrants, including Mr.
Dobbs's show. It is Mr. Dobbs who is a joke, not ADL.

This is Lou...


February 24, 2008

California Immigration Lawyer - Change in I-130 Filing Instructions

A few days ago, USCIS issued an Update announcing revised filing instructions for Form I-130, Petition for Alien Relative. As many of you may know, Form I-130 is the most common form to be used when filing a relative petition. Unlike immediate relative (Parents and Spouses) petitions that are normally files with the Chicago Benefits Center, all other relative categories (brother/sisters, children of USC's over 21, spouses of US residents, etc), used to be filed with one of the 4 service centers (California, Texas,Vermont, and Nebraska).

Effective immediately, all petitioners filing stand-alone Form I-130s must file their petitions with the Chicago Lockbox instead of a USCIS Service Center.

Under the new rules, all stand alone I-130 petitions must be filed at the following address and only at this address:

U.S. Citizenship and Immigration Services
Attn: FBASI
427 S. LaSalle - 3rd Floor
Chicago, IL 60605-1098

Read the press release here Download file

February 22, 2008

San Diego Immigration Lawyer - Tough Civil Fines Against Employers for Immigration Violations

The government is not making it any easier for employers these days. Attorney General Michael B. Mukasey announced higher civil fines against employers who violate federal immigration laws. Under the new rule, which was approved by Attorney General Mukasey and Secretary Chertoff, civil fines will increase by as much as $5,000. The new rule will take effect on March 27, 2008, and will be published in the Federal Register early next week.

Under the Immigration and Nationality Act, employers who violate employment eligibility requirements are subject to civil monetary penalties. Employers may be fined under the Act for knowingly employing unauthorized aliens or for other violations, including failure to comply with the requirements relating to employment eligibility verification forms, wrongful discrimination against job applicants or employees on the basis of nationality or citizenship, and immigration-related document fraud. For each of these violations, the employer has the right to a hearing before an administrative law judge in the Executive Office for Immigration Review.

I suggest that all employers concerned with this rule, review all internal hiring practices, update all I-9 forms and verify, and most importantly set up an immigration policy in the work place.

Read more on the new rule here

February 19, 2008

San Diego Immigration Lawyer - FBI Name Check Delays Round 2

For those of you that have been following my FBI name check updates and providing such a positive feedback. Thank you. Here is the recent update from our local office but this will apply anywhere in the country:

As members may know, all persons who apply for citizenship or LPR status are subjected to a fingerprint check as well as an FBI name check procedure. The fingerprint part of that process is normally resolved within 48 to 72 hours. The name check process, by contrast, can take anywhere from a few weeks to a few years to resolve.

In order to reduce the administrative burdens caused by the sharp increase in litigation caused by the old policy, USCIS has changed its policy for adjustment of status applications through a Memo from Associate Director Michael Yates on February 4, 2008. Where an adjustment of status application is otherwise approvable and the FBI name check request has been pending form more than 180 days, the adjustment application shall be approved. If adverse information is obtained after the case is approved, USCIS may move to rescind the adjustment approval and initiate removal proceedings.

Please note that the previous policy remains unchanged for naturalization cases. Thus, no naturalization case will be approved prior to the successful completion of the FBI name check process.

In the most recent meeting of the AILA/CIS committee, District Director Paul Pierre confirmed that his office and staff are fully aware of the new Interoffice Memorandum from Associate Director Michael Yates. As members may know, San Diego continues to have one of the fastest AOS adjudication timetables in the U.S. The San Diego District will move to pull and adjudicate all cases affected by the new policy as soon as possible.

In order to identify and address those cases which have been pending the longest, the local office will pull all cases pending more than 180 days past the interview date. They understand that 180 days past interview is probably a few months past the date that the name check was originally started but they have to start somewhere. If new fingerprints are needed, the applicant will be rescheduled for prints. After the prints are taken, the case can be adjudicated even if the name check is still pending. If new fingerprints are not needed, the case will be immediately adjudicated.

While the local office refused to formally confirm the number of local AOS cases currently delayed under the name check procedure, informally it is understood that there may be approximately 1200 cases. Unfortunately, these will not all be completed before inquiry day on Tuesday. Members are encouraged to wait at least 6 months past the case interview date before submitting an e-mail case inquiry. Please note that the e-mail inquiry autotext reply to name check subject cases has not yet been updated. Until that happens, members may receive text stating the old policy even though that policy is no longer in effect for AOS cases.

February 18, 2008

EB5 Investor Visas - New Orleans can be an option

Due to the recent influx in inquiries about this Immigrant visas, I have decided to post a little summary and updates.

The EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center." A "Regional Center" is an entity, organization or agency that has been approved as such by the Service; focuses on a specific geographic area within the United States; and, seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

New Orleans attracted a Regional Center company certification a few years ago. In addition to New Orleans, designated "regional centers" exist in Philadelphia, Seattle, California's Imperial Valley, eastern Washington state, Las Vegas, parts of Iowa and South Dakota, and the entire states of Hawaii and Vermont. Applications are currently pending for Milwaukee, Houston, northern Texas and southwestern Kansas.

Click here for the current regional center list Download file

Read More about New Orleans EB5

February 14, 2008

San Diego Immigration Lawyer - FBI Name Check Delays Update

We were the first ones to report the new policy and changes in background check procedures announced by USCIS on February 4, 2008. Read our post here. The response from the Blog readers has been very positive and supportive.

The most recent update is that Service Center Operations (SCOPS) liaison has confirmed that USCIS agencies are conducting "sweeps" to find adjustment of status cases that can be reviewed for adjudication under the changes discussed above.

AILA reports that, Pennsylvania District Court Holds FBI Name Check Delays in Naturalization Adjudications Are Unreasonable The U.S. District Court for the Eastern District of Pennsylvania finds for plaintiffs in a suit to end naturalization application adjudication delays due to FBI name checks. Also, it determines it is necessary to require USCIS to revise its regulations to address these delays. Read the case here Download file

Some of our clients and Blog readers were able to use my post analysis and a copy of the memo to start expedited process of their name check cases. Officer in certain states were not even aware of the memo until they saw our Blog post presented by the readers. We are glad to hear that and see a use in practice with the posted information.

I have also filed several requests to expedite cases based on the new memo and here is the response from our local San Diego Office:

yes, over 180 days, some of them had finger prints expired and your case is one of them. The office is in the process of sorting them all out. The ones that had finger print expired will be scheduled. Cases in which the finger print had not expired and over 180 days will be reveiwed which will take time because the Officers had all their work divided prior to having this good news. It will take at least until 90 days these cases to get adjudicated. The sooner you will have the finger prints done the better. Please remember only CASES that are plain Security Checks are pending and no other issues involved. If there are I-72 outstanding and other issues it will not be adjudicated.


Let's hope the new policy will bring much needed name check relief.

February 14, 2008

California Immigration Lawyer - Fresno CIS makes house calls

I have been dealing with USCIS offices in all 50 states, but the one in Fresno has always been one of my favorites. We process many adoptions cases and family petitions at that office, and I often fly over there to represent local clients. Don Riding (The Chief) staff are always on the ball and very helpful. I wasn't surprised to read about his unusual service to sick and elderly clients that can not come to the Citizenship ceremony:

When Freydoon Alexandrous, who grew up in Iran and lives in Turlock, heard his citizenship request had been approved, he no longer had the strength to attend the naturalization ceremony in Fresno. Heart and orthopedic problems and a recent fall made the 85-mile trek to the Citizenship and Immigration Services office in Fresno impossible.

So Don Riding, CIS field office director, came to him.

When Riding walks into a home, ailing people sometimes too weak to hold a glass to their mouths will sit up straight and greet him as though he were about to guide them into paradise and away from troubled pasts.

"It's fun," Riding said. "I try to do it on weekends so family can come."

Saturday, Riding, who works

out of the CIS regional office in Fresno, visited five homes in Turlock and one in Hilmar. He naturalizes about 1,500 people a month, individually or in large ceremonies.

Read More and wish there were more officers like Mr. Riding.

February 11, 2008

San Diego Deportation Attorney - Nobody is safe from removal

A recent story in San Diego Union Tribune outlines the risks of helping the US government, hoping to get protection in return. The story of a Nigerian immigrant that tried to work with the system

“This is a man who assisted the United States government as an informant, helping them prosecute drug-related crimes, and in so doing, he has put his life at complete risk. We believe that creates an obligation on the part of the United States to protect him,” said Meetali Jain, an attorney at the American University Washington College of Law International Human Rights Law Clinic.

Enwonwu, 58, has spent about five of the last 11 years in detention while fighting his deportation order. His legal appeals all but exhausted, he now is asking to be spared on humanitarian grounds.

Read the story here

To learn more about Deportation and Removal click here

February 11, 2008

Green Card Lottery - DOS Revises Diversity Visa Application Photo Requirements

Much has been said about the DV Green Card lottery program, some even said that the program will be terminated all together. But for now the DHS issued a revision of the photo specification rule.

This rule revises the photo requirement as part of the application process for a Diversity Immigrant Visa, to require that the photo be in color. Color photographs enhance facial recognition and reduce the opportunity for fraud.

In the past, photographs submitted at the time of electronically filing petitions for consideration under INA 203(c) for issuance of diversity immigrant visas could be in either color or black and white. As part of the general harmonization of photo requirements for all visa functions, this requirement is being amended to make color photos the only acceptable photographs for a petition for consideration for diversity visa issuance. Compared to black and white, color photographs enhance the facial recognition process and reduce the opportunity for fraud.

Read the Fed rules here Download file

February 10, 2008

Arizona Immigration Lawyer - District Court Dismisses Challenge to Employment Verification Law

Arizona Law Mandating E-Verify went into effect on January 1, 2008 and is the nation's toughest workplace enforcement law. It is aimed at punishing employers who knowingly hire illegal immigrants. Many other states are watching Arizona's example and considering similar legislation.

The AZ District Court Dismisses Challenge to Employment Verification Law by industry leaders and activist groups. This ruling is a negative sign as to what will happen in other States trying to enforce immigration law locally.

Read the Order here

February 7, 2008

H1B Visas - Helpful Hints for Filing a FY 2009 H-1B Cap Case

H1B season is coming up, I am already feeling the pressure. Clients, employers and employees are calling and are anxious to start the process. USCIS in anticipation of the filing madness issue some tips for you to follow:

U.S. Citizenship and Immigration Services (USCIS), anticipating that April 1, 2008 will see a repeat of the mass filings from last year, wishes to offer this list of measures the petitioner can take to ensure that their petition is correctly filed.

For Fiscal Year 2009, the first filing date is Tuesday, April 1, 2008. Cap subject petitions received before that date will be rejected. Petitions are filed at Vermont and California Service Centers, depending on jurisdiction. See filing instructions. Both the forms and the instructions can be downloaded from this website. Click on this page's related link, "Download form I-129: Petition for a Nonimmigrant Worker" or visit the “Immigration Forms” section of our homepage.

Here are some general tips on what to do to make sure that your petition is completed and filed properly.

1. Clearly label all H-1B cap cases in red ink on top margin of Form I-129 petition. Use the following codes:

Reg. Cap (65,000 regular cap cases minus the C/S cap cases received)
C/S Cap (Chile/Singapore H-1B1s)
U.S. Masters (20,000 cap exemption for beneficiaries with U.S. Masters or higher degrees)
Exempt (for petitions filed by certain institutions of higher education; nonprofit organizations; and nonprofit research organizations or governmental research organizations, as defined in USCIS regulations)

Continue reading "H1B Visas - Helpful Hints for Filing a FY 2009 H-1B Cap Case" »

February 7, 2008

USCIS Revises Background Check Process: Will Adjudicate Adjustments Where FBI Name Check Pending Beyond 180 Days

Finally some relief is coming to those pending FBI name check processing. This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance regarding background and security checks on applicants, petitioners, and beneficiaries seeking certain immigration benefits.

As you may know, thousands of applicants are facing name checks delays by the FBI and other agencies. In many cases for no reason what so ever. Now USCIS is issuing this revised policy to align all agencies background checks with those of USCIS.

Under the new policy, applications that are otherwise approvable and the FBI name check has been pending for more than 180 days, the officer must approve the I-485, I-601, I-687 and proceed with Card issuance. So in other words, if the case is good and the FBI is the only reason for the delay after 6 months of delay, USCIS must issue the card. This doesn't apply to pending Citizenship N400 cases at this time for some reason.

We will keep you posted with new development.

Read the internal memo here Download file

February 6, 2008

San Diego Immigration Lawyer Jacob Sapochnick commnets on State of the Union Speech on KCBQ Radio


I was featured on a special edition of the Rick Amato Show on Monday from 8pm-11pm immediately following the President's State Of The Union speech. Scheduled guests included Congressman Bob Filner and Brian Bilbray. The president discussed the economy and Immigration in the speech. Listen to my commentary after the speech in the podcast below, (skip the first 15 minutes to listen to my discussion)

Click here to listen

February 5, 2008

US Citizenships Test - Congrats to Craig!

Guess who else passed the US Citizenship test, before they change it in October. Late Night host Craig, originally from Scotland.

Watch this:

February 4, 2008

Immigration Law - Who is Texan of the Year?

Here is a trivia for Monday morning for you. He is at the heart of a great culture war in Texas – and the nation, credited with bringing us prosperity and blamed for abusing our resources. How should we deal with this stranger among us? Read what the Dallas news has to say about the man of the year - The Illegal Immigrant.

Immigration legal and illegal is certainly going to be the biggest issue in 2008, you will see.