Visa Lawyer Blog

Practicing Immigration Law in San Diego, just 20 minutes from the largest International crossing border in the world can be very exciting. The stories I hear from clients and our Government workers are amazing. Stories of government employees corruption are not new, and from time to time we hear of a big fish getting caught in the system. A recent New York Times article covers the San Diego and other cities immigration corruption situation.

If you can get a corrupt inspector, you have the keys to the kingdom,” said Andrew P. Black, an F.B.I. agent who supervises a multiagency task force focused on corruption on the San Diego border.

The smugglers use any ruse available to lure border workers but seem to favor deploying attractive women as bait. They flirt and charm and beg the officers, often middle-aged men, to “just this once” let an unauthorized relative or friend through. And then another and another.

Prosecutors believe this is how smugglers ensnared Mr. Gilliland - a local San Diego agent, who eventually pleaded guilty to taking $70,000 to $120,000 in exchange for letting hundreds of illegal immigrants pass through his lane.

We urge the government to exercise better screening in the hiring process of Border Patrol agents as the quality of recent recruits is shameful.

NY Times full story

New York City Mayor Michael Bloomberg delivered the commencement address at UPenn, noting that accepting immigrants is one of our nation's greatest historic strengths. Here is what he had to say at the Ceremony:

Let me ask everyone here who can trace their families back to the Mayflower to raise their hands. Congratulations, you are related to America's first immigrants. And the rest of us are the descendants of immigrants, too.

"And the word I was thinking of, the key to innovation is immigration. Our nation's greatest historic strength is that we've always welcomed the best and brightest from every corner of the globe. eBay, Google, Levi's, Budweiser, they were all started by immigrants. It's the story of New York, and it's the story of Penn - which has the highest percentage of international students in the Ivy League.

"And yet every year, Congress shuts the door to hundreds of thousands of doctors, scientists, engineers, and artists from around the world who want to work here. It's the greatest case of national self-sabotage and attempted suicide I can imagine. If our country's future is going to be as great as our past, we have to start realizing that immigrants have always been - and always will be - one of our greatest economic and cultural assets.

"And that's not a bad message to end with today. I have no doubt that the amazingly diverse experiences you've had at Penn are going to help you achieve great things. Some of you are going on to graduate school. Some of you are heading into the job market starting tomorrow morning.

McCain is pressing the all the correct keys today in Silicon Valley. John McCain joined Gov. Arnold Schwarzenegger in pushing for comprehensive immigration reform, including guest worker permits to bring employees to California's Silicon Valley and the state's vast agricultural fields.

Asked by Silicon Valley panelists on what he would do to grant more visa for skilled technology workers, McCain broadly advocated the comprehensive immigration reform plan he had backed with Democratic Sen. Edward Kennedy in Congress.

Responding to a question about so-called H1-B visas for Silicon Valley workers, McCain said: "We have to attract the best and brightest minds. It isn't just H1-B visas. In our agricultural sector, they can't find workers as well. We need a temporary agriculture (worker) program."

It seems that no matter who is elected, Immigration reform will be a crucial step in order to bring back millions of illegal immigrants out of the shadows.

Read the full article here

Only a few days ago, I reported on the massive ICE raid on the local bakery, The French Gourmet, and they did it again. U.S. Immigration and Customs Enforcement agents entered UCSD student housing to search an apartment without first notifying the university. What a surprise!

This behavior underscores a trend in the accelerating number of U.S. Immigration and Customs Enforcement (ICE) raids on workplaces, homes and schools nationwide—unnecessarily rough treatment of detainees that makes not only the threat of deportation, but detention itself a source of fear and anxiety.

Last Thursday morning, ICE agents entered the off-campus graduate housing unit of student Jorge Narvaez, 21, a legal U.S. resident. Earlier that morning, agents had carried out a criminal search warrant at the French Gourmet, a Pacific Beach bakery and bistro, and were proceeding on to suspected illegal workers' homes. “They asked me what's my legal status,” he said. “I had nothing to hide, so I let them in my home. I went outside and they went through all my stuff.”

The government is saying the agents made a mistake when they entered UCSD student housing to search an apartment without first notifying the university. I feel that they just have too much power and they like to show that. It is time for ICE agents to stop coercing the immigrants into waiving their right to appeal deportation orders. Stop scaring people about not only getting raided, but about detention and deportation. Stop using terror tactics in the community.

Read the Union Tribune Report here

ICE posted an interactive map and list of SEVIS approved schools to its website. The list of schools is organized by state.

If you are interested in studying in the US, changes are you will need an F-1 student visa. US immigration law allows for the admission as nonimmigrants those who are coming to the US to participate in a full time course of study. Most students enter in F-1 status, although the J-1 visa (for exchange visitors participating in a program approved by the State Department) and M-1 visa (for vocational students) are also sometimes available.

A prospective student must first identify a school that is qualified to sponsor a student for a visa. Here is the most recent list of SEVIS approved schools by State. Click here

More on F1 Visas

The nation’s severe nursing shortage, now in its ninth year, challenges hospitals’ ability
to operate at full capacity to care for their communities. The American Hospital Association (AHA) issued a statement in support of the Emergency Nurse Supply Relief Act. If this Bill will pass thousands of Nurses will be able to enter the US and join hospitals, desperate for skilled nursing professionals.

The letter states: The long-term solution to our nursing shortage requires a substantial expansion of ourdomestic supply through a considerable increase in nursing school capacity and completion rates. Meanwhile, immigrant nurses are needed in substantial numbers to fill the gap by joining our existing corps of trained, competent nurses.

Current visa caps have reduced the number of immigrant nurses over the past several
years. Your bill will help address our current domestic shortage by providing an
exemption from current employment-based visa caps for nurses. It also helps address
domestic supply by establishing a program to help prepare more nurse educators.

Click here to read the letter Download file

Felony cultivation of marijuana in violation of Cal. Health & Safety Code §11358 is categorically an aggravated felony drug trafficking crime under INA §101(a)(43)(B).

In August 1999, Petitioner, a lawful permanent resident, was convicted of felony cultivation of marijuana under Cal. Health & Safety Code §11358. Petitioner was charged with deportability for having been convicted of a controlled substance. The immigration judge concluded that Petitioner's conviction constituted an aggravated felony which rendered him ineligible for relief from removal. The BIA affirmed and Petitioner was deported to Mexico in August 2004. In November 2004, Petitioner was arrested in California and indicted under INA §276 as a previously deported alien found in the U.S. without the permission of the Attorney General or DHS.

Petitioner moved to dismiss the indictment, arguing that his prior deportation was invalid because the IJ failed to inform him that he was eligible for cancellation of removal.

Read the Decision here Download file

Continue reading "Deportation Lawyer - 9th Circuit Holds Felony Cultivation of Marijuana is Categorically an Aggravated Felony" »

U.S. Sen. Edward M. Kennedy has a deadly brain tumor, doctors treating him at Massachusetts General Hospital said Today. Sen Kennedy is a true Icon, Kennedy's contributions to the U.S. Senate are historic, where he has represented Massachusetts since 1962.

On May 16, 2008 Kennedy wrote a letter to Secretary of Homeland Security expressing outrage about the recent ICE raids targeting Illegal immigrants parents at their children's schools. Read the Letter below

We all wish Sen. Kennedy a quick recovery.

Continue reading "Edward M. Kennedy in Support of Immigrant Children" »

ComputerWorld's Patrick Thibodeau is doing an excellent job covering H1B and the Green Crisis in the past two years. I was happy to be interviewed for his H1B article coverage in early April. His most recent article regarding the need for Green Card Fix is right on the money.

He states: Fixing the permanent residency, or green card employment-based, visa program has been a top legislative goal of high-tech industry proponents, on par with their efforts to raise the H-1B cap.

And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the position to move legislation to the head of the class. But it remains to be seen whether she can jump over the legislative stalemate created by lawmakers who want comprehensive immigration reform or nothing at all. Rep. Zoe Lofgren (D-Calif.) has introduced three bills in the past few weeks to help foreign nationals already working in the U.S. obtain permanent residency.

Read more here...

The recent number of raids, arrests, and criminal indictments against employers for worksite violations across the State by the Immigration and Customs Enforcement (“ICE”) branch of the Department of Homeland Security are clear indications that employers are on the frontline of the government’s efforts to stop illegal immigration.

Today Immigration and Customs Enforcement agents executed a criminal search warrant at a popular Pacific Beach bakery and restaurant, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. I actually like the place and often get baked goods for the weekend. Recent raids against employers believed to have unauthorized workers have been based on ongoing criminal investigations by ICE. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. I can only wonder why this little place was targeted and investigated. Read the Story here

So what can I advice the Owners of the French Gourmet?

Under IRCA, employers must complete Form I-9, Employment Eligibility and Verification, for all employees hired after November 6, 1986. ICE is authorized to conduct investigations to determine whether employers have knowingly employed unauthorized workers and failed to properly complete, present, or retain the Form I-9 for newly hired employees. An ICE investigation nearly always involve the examination of the employer’s I-9 files, even though the I-9s may not be the target of its investigation. In fact, ICE has recently hired forensic auditors to focus on I-9 enforcement.

To ensure compliance with the I-9 requirements under IRCA, a company should establish an I-9 policy that includes:

* The proper and timely completion and retention of Form I-9 for all employees hired after November 6, 1986;
* Zero-tolerance for the employment of individuals who do not provide the proper identity and employment eligibility documents for Form I-9;
* A tickler system for I-9s that require reverification;
* I-9 training for all company representatives who are part of the recruitment, orientation, and hiring processes for the company; and
* Regularly scheduled in-house I-9 audits.

Conducting self-audits puts a company in better position if it becomes the subject of an ICE investigation. While employers cannot verify whether documents used for employment authorization are authentic, self-audits establish good-faith compliance.

Best Tip for employers:

Personnel should be instructed not to provide any documentation or information to ICE unless there is a warrant issued, and to do so under the supervision of legal counsel. Note that ICE is required to give three-days notice before an I-9 audit, unless it presents a search warrant or subpoena.

We previously covered the abuse that many European visitors suffer at the ports of entry to the US.
Each year, thousands of would-be visitors from 27 so-called visa waiver countries are turned away when they present their passports, said a spokeswoman for Customs and Border Protection. In the last seven months, 3,300 people have been rejected and more than 8 million admitted.

Read the shocking story of an Italian visitor, and his 10 day detention at an Immigration Jail for no apparent reason. Click here to Read

In the past few weeks we succeeded in getting several Extreme Hardship (I-601 Waivers) approvals at the US Consulate in Ciudad Juarez. The amazing thing is that many of these cases got approved the same day. Here is a detailed report of the experience by one of our clients. We hope this information will help the numerous families that are about to embark on this difficult journey.

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This is my complete experience of becoming a legal permanent resident. I hope it helps those who are going through this confusing time.

My previous legal status was of an undocumented alien. My parents brought me here when I was fourteen. In high school I met my husband and have been married for four years.
My first interview was Friday March 7th 2008, 6:25 am. I arrived in Juarez Tuesday night and the next morning went to my medical examination.

Medical Examination

(Remember not to eat anything before this step, but do take a snack into the clinic for after your blood samples you will be hungry)
Wednesday morning we were at the clinic at 6:00am and waited in line for along time, Around 9 am, I finally was in. the first step inside was to give my information to the ladies in the front desk (this included my interview letter and vaccination record), after that they told me to go to waiting room #4 (all the other female applicants are there too). I sat there until my name was called, when they did called me it was to have blood samples taken out. After blood samples I waited again for three hours until they called me to an inside room, this is where the complete body examination takes place its not to pleasant but everyone is really polite.

After the examination they sent me to another waiting room were they administered the vaccines I needed (important to take your vaccination record, if not they will give you all the vaccines and charge you for each one). Then I waited in line to pay for my examination and vaccines. At the payment booth they handed me a little paper where it said I had to appear at the consulate the next morning (don’t panic if you don’t get one I was told not everyone gets one). That same day around 3pm we picked up my medical results. They gave me a vanilla envelope and a black plastic envelope and was told not to open them. This ended my first step.

Documents pre- examination

(This was because of the little paper I received at the clinic not my interview date)
Thursday morning we were at the consulate at 6am, I brought the little paper and interview letter and all other documents we had. I got inside until 10am by my self, my husband had to wait outside, there was not enough room for everyone. Inside I waited for my name and when I got called onto a window I was asked some questions about my husband and about myself. I handed them my medical exam and passport, and anything else they asked for. I was told to wait again to be called for fingerprints, after fingerprinting they gave me a colored paper that allowed me to get into the consulate the next day. This ended my third day in Juarez.

Interview date

(Remember no to bring cell phones, make up, or anything sharp in the consulate they will make you throw it away)
This was my final process day and again we waited in line for about two hours, when I got in, I handed my colored paper to a person picking them up and waited about three hours to be called. When I was called my interview went well, the agent asked me questions about my husband and about my self. She had all my documents from the day before and she told me I could not receive my visa; but I was eligible for an i-601 waiver. She handed my all my original documents and gave me a paper explaining the waiver process. I was not sad this was what I expected.

Waiver interview

(This interview can be scheduled before hand and the waiver packet can also be prepared once you know your first interview date)
My appointment was scheduled by my attorney Jacob Sapochnick for April 11th 2008. During this month my waiver packet was completed by Jacob with all the documents we had given him before hand( it is very important to have a good hardship letter from your spouse and supporting evidence). On the day of my appointment that was a Friday I didn’t have to wait in line at all; I just showed at the time of my appointment and I was allowed in directly to pay for my waiver $545. After paying I was sent to another building where I handed in my waiver packet and waited about 4-5 hours to be called again. When I was called other seven people got called with me, as a group they gave us the good news “your waivers have been approved!!!!” we were all extremely happy. They gave us a letter and told us to return to the consulate on Monday morning (be prepared for this sometimes you can return to the consulate that same day but they could also have you return on the next business day).

Visa pick up

(Remember to be early this time you do have to wait in line)
On Monday morning we were in line early, with the paper in hand. Again inside somebody picks up the paper and you wait to be called. When I was called they handed me a vanilla envelope and was told not open it they also gave me back my passport with my visa on it, the outside of the envelope had a sticker that showed the port of entry I needed to go to. My port of entry was Santa Teresa which was very far away out in desert. We got a taxi ( be prepared to pay a lot of money for the taxi if you get a far away entry port, our taxi was $60 each way and yes they do wait for you to bring you back.) At the port of entry you hand over your packet and they fingerprint you. Once this over they stamp your passport and welcome you to the United states of America yeahhh! This is the end of my journey, now I am back at home happy to be with my husband ready to start our new lives.

I know that Juarez is the only consulate in the world that can approve waivers on the same day. I pray for the rest of the consulates in other countries to adopt this method it could spare a lot of suffering to separated families.

Letter from North Carolina AG’s Office on Eligibility of Undocumented Students for Community College may shed some light on this controversial issue. Should students that lived in this country illegally for years be eligible for community college admissions?

Read the Letter from the AG here Download file

Some news to report in the Immigrant Investor Visa category. USCIS approved the Southeast Los Angeles Regional Center for the EB-5 Pilot Program. The USCIS also approved and designated the Los Angeles Film Regional Center for participation in the Immigrant Investor Pilot Program.

Click Here to Read the Approval Letters for Southeast LA Download file

Click here for the LA Film Regional Center Download file

So what is a Regional Center? In 1993, an option was created whereby immigrants may invest $500,000 or more in USCIS-designated "Regional Centers" in a high unemployment area.

In this program, an agent, makes an offer to the USCIS. If the USCIS finds it will benefit a regional economy and shows potential for providing significant indirect employment, the project will be designated a Regional Center. With USCIS approval, the agent forms a limited partnership or corporation. Investors may apply for permanent residency upon making the investment.

Investors in a Regional Center do not have to have day-to-day management responsibility or prove the business employs ten workers. Rather, they may rely on industry job multiplier statistics. A Regional Center means that the USCIS is satisfied with the job creation potential. We can provide you with information about specific Regional Center Investments for you to perform due diligence analysis.

More on EB5 here

We continue our updates on the new TN visa extension rules. USCIS announced today that it is publishing a Notice of Proposed Rulemaking to increase the maximum amount of time a Trade- NAFTA (TN) professional worker from Canada or Mexico can remain in the United States before seeking readmission or obtaining an extension of stay. The proposal will extend the maximum period of admission for TN workers from one year to three years, the same term that USCIS currently may grant to H-1B specialty occupation workers.

The proposed rule will further allow eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years, as opposed to the current maximum of one year. TN nonimmigrants are not subject to a maximum period of stay and thus may seek multiple readmissions or extensions, provided their intended professional activity continues and they remain otherwise eligible. Current regulations require that TN workers seek readmission or apply for an extension of stay each year.

More about TN visas read here

Read our TN visa Book here

Immigration lawyers and impatient immigrants have been waiting too long for something to happen, and the new Bills introduced a few days ago may be a blessing. One Bil, H.R. 5882, to “recapture” employment-based (EB) green cards that Congress authorized in the past but that went unused before the end of past fiscal years due to government processing delays. Analysts estimate that approximately 200,000 unused EB green cards will be brought back into supply for all employment-based workers.

A new Bill to save he Nursing Shortage has been introduced as well. It is HR 5924, The key points of the legislation are:

1. Lifting of retrogression for Schedule A workers - Any immigrant visa quotas or caps are waived for all visa applications filed for Shortage Occupations (Schedule A occupations: Physical Therapists and Registered Nurses), provided that the I-140 is filed prior to September 30, 2011.

2. 20,000 primary beneficiary quota - While there is no retrogression for Schedule A cases filed before September 30, 2011, Consulates may not approve more than 20,000 primary beneficiary visas in any one year. There is no quota for the immediate family members of such beneficiaries.

3. Expedited Review - The USCIS must review -- and approve or issue an RFE -- on all Schedule A I-140 cases within 30 days of receipt.

4. Grant Fee - All primary beneficiary nursing visas issued under this legislation must pay a fee of $1500. Katrina-effected and HPSA employers do not have to pay the fee.

5. Grant Program - These fees will fund a Grant program. Schools of nursing may draw on this fund based on their student populations. The fees are to be used to attract, train, and retain nursing faculty, purchase educational equipment, expand infrastructure, and attract students.

6. Liberalized US Citizenship for some Health Care workers - Time spent by US Permanent Resident Health acre workers in a developing country will not be held against them in their endeavors to become US citizens.

7. Obligation Attestation - Immigrant visa applicants must attest that they do not owe their country of residence or origin a financial obligation. An obligation is defined as financial assistance that the intending immigrant incurred to defray the costs of education in consideration for a commitment to continue to work in that county.

We welcome the new legislation, the bill will take nurses out of the green card caps until 2011 with a limit of 20,000 principle applicants per year. We will keep you posted with new developments as they become available.

We had a busy week at the firm. In addition to the regular case load, we prepared for two immigration presentations. Earlier this week I presented to the Women in Science Association in San Diego, an association of scientists and researchers. We discussed the different ways they can obtain permanent residency based on their unique skills and education. Clearly, if such immigrants would like to stay, the system is very welcoming.

Later this week, I have spoken to a very different group also very much eager to find ways to stay in the US. I have given a workshop to an Hispanic community base organization here in town, helping their members obtain information on becoming Citizens and in many cases becoming legal in the US. The group consisted of hard working undocumented workers and family members, as well as long term Permanent Residents seeking to become Citizens.

We discussed various legal options, but I heard a lot of complaints about the governments treatment of the illegal population. Systematic raids of residential places by ICE, inhuman treatment of detained illegal immigrants, discrimination at work and more.

Just today the Union Tribune covered the poor detention conditions of immigrant detainees at prvate detention facilities in San Diego. In the past year, ICE and its contractors have come under fire for alleged mistreatment of immigrants. In San Diego last year, the American Civil Liberties Union twice sued the agency and CCA.

One lawsuit alleged overcrowding at the Otay Mesa facility, with three detainees housed in cells designed for two. The other alleged inadequate medical care, with detainees complaining of being denied treatment or waiting months for it.

While we are happy the highly skilled immigrants get the best options to stay, the US Immigration system and its officials should change they way they treat illegal immigrants and those that are trying to work with the system

Read the Union Tribune Story here

DHS issued an updated OPT filing guide for schools and students.In April, DHS published an Interim Final Rule (IFR) titled Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions. The revised guide follows this rule.

Click here to download Download file