Visa Lawyer Blog

U.S. President Barack Obama says he is committed to passing comprehensive reform of the country's immigration laws. The president told a gathering of Hispanics the nation's borders must be strengthened to stop illegal immigration.

President Obama said that while immigration is vital for America's future, illegal immigration cannot continue.

"The American people believe in immigration," he said. "But they also believe that we cannot tolerate a situation where people come to the United States in violation of the law."

At the Esperanza National Hispanic Prayer Breakfast and Conference, Mr. Obama said the millions of people who are in the U.S. illegally should have the chance to become citizens.

Continue reading "Obama Calls for US Immigration Reform " »

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Posted In: Citizenship , Comprehensive Immigration Reform

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White House Press Secretary Robert Gibbs said there are not enough votes for the Obama administration to achieve its desired immigration reform, and change in the system as we know it today.

The plan was derailed when conservative activists, who claimed the program would have constituted "amnesty" for illegal immigrants, managed to pick off enough Republicans in the House and Senate to forestall a vote. Gibbs said that the White House would make an effort, though, to win the votes for a reform plan, for which President Obama reiterated his support.

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President Barack Obama will gather congressional leaders at the White House next month to launch a policy discussion on immigration, according to an administration official, but legislative action isn't likely until next year at the earliest. he June 8 meeting is meant to show the White House is moving on the issue -- which is key for Hispanic advocacy groups that helped Mr. Obama get elected in November.

Mr. Obama has embraced the general concept of creating a program to provide a path to citizenship for illegal immigrants already in the U.S., while continuing to tighten the border with Mexico.

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Posted In: Citizenship , San Diego Immigration Law

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I was shocked when the June 2009 visa bulletin came out. The cutoff date for India in the EB2 category has retrogressed to January 1, 2000. The June Visa Bulletin will become effective as of June 1st. Thus, the May Visa Bulletin, with an EB2 India cutoff date of February 15, 2004 remains effective through May 31, 2009.

Why is this happening clients ask? The high level of demand in the EB2 India category, and the need to keep within the annual limits set by law. The DOS stated that it is currently not possible to estimate whether this retrogression will continue for the rest of the fiscal year. My predication is that it will get worse before it will get better. We will keep you posted.

Click here for the June 2009 Bulletin

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Posted In: Citizenship , Family Visas , Immigrant Visas

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Several thousand immigration rights advocates marched in Los Angeles, San Diego and hundreds gathered in the rain in San Francisco on Friday, but crowds in California appeared much smaller than in previous May Day demonstrations.

Marches in downtown Los Angeles took on a festive atmosphere with people carrying signs and banging drums while vendors sold food, cotton candy and ice cream from pushcarts with ringing bells. One group walked to a building housing federal immigration offices and blared salsa music from loudspeakers.

Immigrants and supporters in San Francisco's Dolores Park hoped to keep immigration reform on Obama's agenda. They held signs calling for amnesty for undocumented immigrants and an end to immigration enforcement raids. Many argued that allowing undocumented immigrants to become citizens and take a more active role in the economy will improve the country's financial outlook. Dozens of students participated, many calling for passage of the DREAM Act, which was reintroduced in the U.S. Senate in March, and would make undocumented immigrants brought into the U.S. under the age of 15 eligible for in-state tuition.

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Posted In: Citizenship , Comprehensive Immigration Reform , Family Visas , San Diego Immigration Law

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Certainly more good news in the Immigration arena. According to the LA TimesThe College Board is supporting legislation that would offer some undocumented youths a path to citizenship through college or the military.

The association best known for the SAT and AP tests it administers is stepping into the contentious issue for the first time, just as President Obama is signaling that he may encourage lawmakers to overhaul immigration laws this year. The board's trustees have voted unanimously to support the legislation, known as the Dream Act.

The Development, Relief and Education for Alien Minors Act (The "DREAM Act") is a piece of proposed federal legislation that was introduced in the US Senate, and the US House of Representatives in March 26, 2009. This bill would provide certain immigrant students who graduate from US high schools, are of good moral character, arrived in the US as children, and have been in the country continuously for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residency. The students will obtain temporary residency for a lapse of six years. Within the six year period, a qualified student must attend college, and earn a two year degree, or serve in the military for two years in order to earn citizenship after the six years period. If student does not comply with either his/her college requirement or military service requirement, temporary residency will be taken away and student will be subjected to deportation.

We really need this to pass.

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Posted In: Citizenship , Family Visas , Immigrant Visas

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Living in a border city like San Diego we hear stories like this one from time to time. The AP report about Pedro Guzman has been an American citizen all his life. Yet in 2007, the 31-year-old Los Angeles native — in jail for a misdemeanor, mentally ill and never able to read or write — signed a waiver agreeing to leave the country without a hearing and was deported to Mexico as an illegal immigrant.

For almost three months, Guzman slept in the streets, bathed in filthy rivers and ate out of trash cans while his mother scoured the city of Tijuana, its hospitals and morgues, clutching his photo in her hand. He was finally found trying to cross the border at Calexico, 100 miles away.

In a drive to crack down on illegal immigrants, the United States has locked up or thrown out dozens, probably many more, of its own citizens over the past eight years. A monthslong AP investigation has documented 55 such cases, on the basis of interviews, lawsuits and documents obtained under the Freedom of Information Act. These citizens are detained for anything from a day to five years. Immigration lawyers across the nation say there are actually hundreds of such cases.

Read more...

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Posted In: Citizenship , San Diego Immigration Law

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We are reporting constantly on this program. As many of you know, On 23 February the United States Army initiated a pilot test that allows the enlistment of certain legal non citizens with foreign language abilities under the Military Accessions Vital to the National Interest
(MAVNI) Recruitment Pilot. This test is for individuals who live in New York City area.

We now have the official questions the Military is sending as part of the initial screening for MAVNI. In the mean to initiate faster processing of requests, applicants are encouraged to answer the following qualifying questions that will assist in expediting the records.

so here they are:

[1] Are you a US citizen?:
[2] If no, do you have an I-551Card?:
[3] Do you have an Alien Registration Number?:
[4] If No, Are you a lawful permanent resident or conditional lawful
permanent resident?
[5] Are you legally present in the United States?
[6] If yes, how long have you been in the United States?
[7] Have you been in the United States previously? From when to when?
[8] Do you have a social security number?
[9] What Type of Immigration documents or VISA's you currently possess?
[10] Are you currently attending school?
[10a]If yes, what grade are you in?
[10b]If no, what is the highest education level you have achieved?
[11] What is/ was the name of the school you attended?
[12] Are you married, single, or divorced?
[12a] If married, is your family here in the US?
[12b] If No, where are they located?
[13] Do you have children?
[13a]If yes, how many?
[14] If divorced, who has custody of them?
[15] Do you now or have you ever had any medical issues?
[15a] If so what type?
[16] Have you ever had surgery?
[16a] If yes, what type and when?
[17] Are you currently taking any medication(s)?
[17a] If so list the type, what for and how long on?
[18] Have you ever had any law violations?
[18a] If so, list the charge and date:
[19] Are you on currently on Probation?
[19a] If yes, when are you scheduled for release?
[20] Do you have any tattoos?
[20a] If yes, how many tattoos?
[21] If yes, where are they located?
[22] If yes, what is the style/look like?
[23] Have you ever processed for any branch of US military service?
[23a] If yes, where?
[23b] When?
[23c] What branch?
[24] Have or Are you currently speaking/processing with an Army
recruiter?
[25] Are you interested in Active Duty or Army Reserve?
[26] Have you attended and graduated from a US school?
[27] Have you graduated from a US residency OR possess (Education
Certificate of Foreign Medical Graduate) ECFMG?
[28] Name of last health care facility you worked at?
[29] Do you currently have an unrestricted license?
[30] Do you have any open malpractice case(s) open?
[31] Are you currently serving in foreign Military, either as Active
Duty or Reservist?
[32] Please list all the languages you speak; [33] Have you left United
States for more than 90 days in the past two years?

We will post more info about this program as it becomes available.

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Recently President Obama told the lawmakers that he will travel next month to Mexico to discuss escalating violence from drug cartels and immigration with Mexican President Felipe Calderon, White House officials said. During the campaign, Obama supported a comprehensive overhaul of immigration policy, including creation of a possible path to citizenship for illegal immigrants who are otherwise law-abiding.

President Obama has yet to tackle the issue, as his administration has grappled with the economic crisis and an increasingly crowded agenda in his two months in office. Obama said that he will work immigration system in a similar way that he has rolled out other major policy initiatives. There will be a public forum on immigration, possibly within the next two months. At that forum, key principles of a legislative package would be unveiled. We will keep our readers posted.

Read more here...

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Posted In: Citizenship , Comprehensive Immigration Reform

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We continue the updates on the MAVNI program. Through MAVNI, the U.S. Armed Forces will recruit nationwide for health care professionals and in New York City for those fluent in certain languages.

Health care professionals will have the choice between a three-year contractual active duty tour or a six-year commitment to serving in the military's Selected Reserve. Both physicians and nurses may seek enlistment through MAVNI as health care professionals.

MAVNI language recruits must enlist for a minimum four-year contractual active duty tour. Applicants should make sure that they fully understand this commitment, and any other standard requirements beyond these time frames that apply when enlisting in the U.S. Army.

The list of medical specialties sought is set out in Appendix 2 of the Army's fact sheet. The list includes a wide range of medical practice areas and specialties for physicians. There is also a need for general dentists and oral surgeons, as well as all nursing specialties. There are other positions available, such as physician's assistant, clinical psychologist, optometrist, and veterinarian.

Languages

The MAVNI program is seeking individuals proficient in the following languages: Albanian, Amharic, Arabic, Azerbaijani, Bengali, Burmese, Cambodian-Khmer, Chinese, Czech, Hausa, Hindi, Hungarian, Igbo, Indonesian, Korean, Kurdish, Lao, Malay, Malayalam, Moro, Nepalese, Persian (both Dari and Farsi), Polish, Punjabi, Pushtu (aka Pashto), Russian, Sindhi, Sinhalese, Somali, Swahili, Tamil, Turkish, Turkmen, Urdu, and Yoruba.

The MAVNI program requires that all naturalized enlistees complete at least five years of honorable military service or their naturalization may be revoked. The MAVNI program will end on December 31, 2009, or when 1,000 individuals have been recruited, whichever occurs first. The MAVNI program could be extended or expanded, based upon decisions by the U.S. Department of Defense.

We will keep you posted for more info. If you are serious about this program, you will need to act fast.

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Ever since the military released information about MAVNI, the new Citizenship opportunity, potential applicants are anxious to learn more about this unique program. The Defense Department has authorized the U.S. Army to implement, under the Military Accessions Vital to the National Interest (MAVNI) program, a test that permits the enlistment of certain legal aliens into the U.S. Army.

To be eligible for consideration, one must be legally present in the United States, and able to provide a passport, I-94 card, I-797 form, employment authorization document or other government issued documents proving legal presence in the United States.

Today I had a chance to speak in detail with the MAVNI military coordinator about the process of applying for this program. The information I was able to gather is as follows:

First of all an applicant that meets the basic requirements must file an initial application with the military online. According to the military coordinator, filing the application online is the best way to get yourself into the system and be called for further selection.

Here is a link to the only online application form for the MAVNI system where you will start the process of applying. Click here

Once the application is submitted the military will contact each applicant for further selection and review.

According to the officer that I have spoken to, there are two categories at this time. Applicants with certain language abilities (as per the military list), and health care professionals. Applicants that are not in the health care field can only apply n New York at this time. Health care professionals can apply nationwide. The program will expand to other states very soon according to our source.

Basic Qualifications

1. The applicant must be in one of the following categories at time of enlistment
a. asylee, refugee, Temporary Protected Status (TPS), or
b. nonimmigrant categories E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V
2. The applicant must have been in valid status in one of those categories for at least two years immediately prior to the enlistment date, but it does not have to be the same category as the one held on the date of enlistment; and
3. An applicant who may be eligible on the basis of a nonimmigrant category at time of enlistment (see 1b above) must not have had any single absence from the United States of more than 90 days during the two year period immediately preceding the date of enlistment.

Health Care Professionals

Applicants must fill medical specialties where the service has a shortfall
Applicants must meet all qualification criteria required for their medical specialty, and the criteria for foreign-trained DoD medical personnel recruited under other authorities
Applicants must demonstrate proficiency in English
Enlisted Individuals with Special Language and Culture Backgrounds
Applicants must commit to at least 3 years of active duty, or six years in the Selected Reserve
Applicants must possess specific language and culture capabilities in a language critical to DoD
Applicants must demonstrate a language proficiency
Applicants must meet all existing enlistment eligibility criteria
Applicants must enlist for at least 4 years of active duty

We will post more information as it becomes available, feel free to call or email with your questions.

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Martin Miles Ulsano, age 7, the child of a member of the U.S. Navy, today recited the Oath of Allegiance at a naturalization ceremony held here in the Chapel of Hope. In doing so, he became the newest citizen of the United States, and the first child naturalized overseas.

The National Defense Authorization Act of Fiscal Year 2008 permits children of U.S service members to receive their citizenship overseas where their parent is stationed even though the child may never have been in the United States. Previous immigration law required these children to be physically present within the United States to naturalize.

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On November 25, 2008, US Secretary of Defense Robert Gates signed a memorandum authorizing the Secretaries of the Army, Navy, and Air Force to implement a new non-citizen recruiting pilot program for the United States Armed Forces. Titled “Military Accessions Vital to the National Interest” (MAVNI), the new pilot program allows certain non-citizens who are legally present in the United States to join the military and apply immediately for US citizenship without first obtaining lawful permanent residence.

The US Army MAVNI recruiting program, which seeks to recruit health care professionals and persons who speak certain strategic languages, began on Monday, February 23, 2009.

Under the MAVNI program, the Army is not sponsoring anyone for a visa or green card or authorizing anyone to enter the United States for the purpose of enlistment. This program is not available to persons who are overseas. Instead, MAVNI allows certain aliens who are already legally present in the United States to enlist. Under the Army’s rules, all MAVNI recruits must pass an English test and score 50 or higher on the Armed Forces Qualification Test (AFQT).

Here is an example from an article by Margaret Stock: A J-1 doctor who has been in the United States legally for two years and who is licensed to practice medicine in the United States may enlist in the Army Reserve under the MAVNI program. Upon enlistment, the doctor may apply for US citizenship, even if the doctor has not yet met the 2-year home residency requirement or obtained lawful permanent residence. Notwithstanding the lack of a “green card,” the doctor may receive US citizenship in six months or less. The doctor and her civilian employer will thereby save time and the thousands of dollars in costs associated with the processing of the complex paperwork normally required to move from J-1 to lawful permanent resident. In return, the United States Army Reserve will gain a new military doctor.

Read more Download file

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Pro-immigrant advocates believe the Obama administration will have a window of opportunity between this September and March 2010 to shepherd a comprehensive immigration package that will provide a path to legalization for an estimated 12 million undocumented residents, strengthen border security and help the ailing economy.

Part of their optimism is attributed to the large Latino vote that broke for Barack Obama by a 2-to-1 ratio in key states like Arizona, Nevada and Colorado.

Click for the article

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Posted In: Citizenship , Comprehensive Immigration Reform , Family Visas

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USCIS published a notice announcing the revision of its Direct Mail Program so that certain filings of Form N-400, Application for Naturalization, will now be filed at a designated lockbox facility instead of a USCIS Service Center.

During the first 30 days after this notice takes affect, USCIS will forward incorrectly addressed Form N-400s to the proper address, rather than reject it. USCIS will forward any improperly addressed Form N-400s covered by this notice as follows:

Any Form N-400 from non-Armed Forces applicants will be forwarded to either the Dallas or Phoenix lockbox facilities.

Any Form N-400 from Armed Forces applicants and the spouses of current members of the Armed Forces will be forwarded to the Nebraska Service Center.

Any applications forwarded within this time period will be considered properly filed when received at either the Dallas or Phoenix lockbox facilities, or the Nebraska Service Center. After this 30-day transition period, any Form N-400 covered by this notice, which is received at a location other than the appropriate location as defined in the updated Form N-400 filing instructions provided in this notice, will be returned with an explanation directing the applicant to mail it to the appropriate processing facility.

Read complete details and filing locations here Download file

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As the year comes to an end, we wanted to update our local readers about the upcoming Oath ceremonies for 2009. This may be useful to people that are in the process of applying for Citizenship and may need to plan ahead.

FINAL HEARING DATES FOR GOLDEN HALL FOR 2009

1/20/09 New Americans Museum N-600 ceremony for children 18 and under
1/28/09 Children’s Primary School, sponsor, Golden Hall
2/18/09 San Diego DAR
3/18/09 American Legion, Sponsor, Golden Hall
4/22/09 Golden Hall
5/20/09 Golden Hall
5/21/09 Memorial Day all-military ceremony aboard USS MIDWAY MUSEUM,
6/17/09 Golden Hall
7//02/09 Independence Day all-military ceremony at the Cabrillo National Monument
7/22/09 La Jolla DAR/CAR, sponsor, Golden Hall
8/19/09 Golden Hall
9/17/09 Citizenship Day/Constitution Week all-military ceremony at Camp Pendleton
9/23/09 Golden Hall
10/21/09 Golden Hall
11/10/09 Veterans Day all-military ceremony aboard the USS MIDWAY Museum,
11/18/09 Golden Hall
12/16/09 Golden Hall

2009 Chula Vista Final Hearing Schedule

All dates at 8:00 a.m., 9:00 a.m., 10:00 a.m. and 11:00 a.m. at Chula Vista Field Office

January 28
February 25
March 25
April 29
May 27
June 24
July 29
August 26
September 30
October 28
November 18
December 16

Continue reading "San Diego Immigration Lawyer reports information on the dates of the 2009 Oath Ceremonies " »

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Posted In: Citizenship , San Diego Immigration Law

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Defense Secretary Robert Gates has authorized the Army, Navy, Air Force and Marine Corps to recruit certain legal residents whose critical medical and language skills are "vital to the national interest," officials said, using for the first time a law passed three years ago.

Gates' action enables the services to start a one-year pilot program to find up to 1,000 foreigners who have lived in the states legally for at least two years. The new recruits into the armed forces would get accelerated treatment in the process toward becoming U.S. citizens in return for military service in the United States or abroad.

This program could benefit large number of foreign born medical professionals, like Nurses, PT's and dermatologists currently in the US waiting in line to become residents and Citizens. The government expects that among those who will be interested in the new effort are doctors with work visas who are employed at hospitals around the country.

Read more...

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Today is Veterans day, and I wanted to send warm wards of support to our Veterans and the active duty men and women fighting for our country day and night.

As it relates to immigration, On July 3, 2002, President George W. Bush signed an Executive Order allowing certain noncitizens to become Naturalized citizens of the United States if they served an in an active-duty status during the war on terrorism. (See Expedited Naturalization of Aliens & Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 Fed. Reg. 45287 (7/8/02), Executive Order (President). Download file
Additionally,as a Gulf War veteran, one may be eligible for expedited Naturalization under Immigration and Nationality Act section 329, Naturalization through Active-Duty Service in the Armed Forces during World War I, World War II, Korean Hostilities, Vietnam Hostilities, or in other Periods of Military Hostilities. For example, if one performed active duty military service during the Persian Gulf (August 2, 1990 – April 11, 1991) or on or after September 11, 2001, one may be eligible for expedited Naturalization.

Even though one is a lawful permanent resident, an individual who meets the Active-Duty Service criteria does not have to be a permanent resident to apply for Naturalization. Note that if one did not enlist or re-enlist in the United States or its outlying possession, you must be a Permanent Resident of the United States on the day you file your Naturalization application. Furthermore, Naturalization Applicants do not need to meet certain requirements that all other Applicants must meet such as the continuously residence requirement. Since the burden of proving the eligibility falls on the applicant, one must be prepared to submit the original DD214 to the CIS when asked to do so at the interview. Send a copy of it to the USCIS together with the N-400 and other documents required in the Naturalization instructions.

We wish you a happy and safe Veterans Day!

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USCIS continues to make efforts in decreasing the N-400 Naturalization processing delays. Some applicants are waiting more than 2 years for cases to be adjudicated, but USCIS is really making an effort to make things better.

U.S. Citizenship and Immigration Services (USCIS) announced today that it continues
to make steady progress in reducing the significant number of naturalization applications it received last year. USCIS now anticipates naturalization application processing will average 10-12 months nationally by the end of September 2008 – a substantial improvement from its estimated average processing time of 16-18 months first announced last year.

According to the press release, San Diego processing times for Citizenship currently stand at 5 months. New York processing times are almost double at 10 months at this time.

Click here to find your city and state current processing Download file

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We report on a recent Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, to USCIS field offices on changes to the naturalization interview process. As you all N400 interviews are taking too long to schedule, and part of the problem is the time it takes to process such interviews at the local offices. USCIS officials hope that the new policy will improve things.

For example, one difference from current practice is the sequence – that the English and civics tests can be administered before the interview following the pre-examination check-in process, as opposed to during the actual interview. The tests must be administered by designated and trained personnel. The test questions, test administration, reasonable accommodation requirements and standards for passing remain unchanged.

We uploaded the actual internal Memo here so you can review all the up coming changes Download file

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Per the USCIS announcement on June 5, 2008, USCIS is centralizing the processing of N-400’s at NBC, with one exception. Military naturalization applicants will continue to file with the Nebraska Service Center until further notice.

Movement of N-400 applications from the service centers to the National Benefits Center
(NBC) for centralized staging and subsequent processing will occur in an incremental
fashion. The Texas Service Center (TSC) will move forms from its office to the NBC
during the month of June. This movement will not involve all N-400 applications
received at the TSC, however. The TSC will only move those cases received and
accepted at their site after June 6th. Only those cases received after this date and found to
be correctly filed according to USCIS standards will be transferred to the NBC.

The California Service Center will follow suit during the month of July by transferring
only those cases meeting the above stated criteria after the specific date in July yet to be
determined and communicated. The Nebraska Service Center will be transferring its
cases received in August, in like fashion. The Vermont Service Center will conclude this
transition phase with the movement of its cases to the NBC within the month of
September. Only those cases receipted after the specific date set in September will be
moved from the VSC to the NBC.

Continue reading "San Diego Citizenship Lawyer - N400 Processing update" »

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Thousands of Immigrants are facing sever processing delays due to Name Check and other security background checks delays. In some cases the delays is so severe, causing the applicants extreme hardship in every day life. I can say that every day we get calls from clients seeking assistance with the name check delays. In most cases I suggest to approach the issue on a case by case basis.

Here are a few suggestions on how to approach this problem:

Whether you have an attorney or you are following the case yourself, you must make consistent inquiries on the case with the USCIS. Inquiries can be done via email, in writing, or in person via infopass. No matter how you do it, keep a consistent log of all inquires on the case.

If regular inquiries are not successful, try at least one congressional inquiry using your local representative/ Every Congressman or Senator have an immigration support person that you can use.

If all inquiry efforts fail, you have no choice but to sue the Government. The law suit is called writ of Mandamus. In Citizenship or Adjustment cases, this means that the U.S. federal court could require the USCIS to make a decision on a case within a reasonable timeframe, instead of delaying the decision for years and, thereby, effectively denying the individual certain constitutional rights.

Applicants and petitioners whose immigration cases have been substantially delayed by background checks may benefit from filing a writ of mandamus against the government in a U.S. federal court. The USCIS no longer expedites FBI background checks simply because a foreign national has filed a writ of mandamus action. However, the filing of a writ of mandamus case can result in the resolution of cases for which no further background investigation is required.

A writ of mandamus action may also be used to resolve delayed N400, citizenship (naturalization), cases that have been pending for more than six months. They can also be used if the USCIS fails to make a decision on a citizenship case within 120 days of the completion of the interview. Writ of mandamus actions are not limited to permanent residency and naturalization cases, and can be used when there are delays in I-485 adjusment cases as well.

Our firm recently has obtained several extremely smooth case approvals after filing writs of mandamus on behalf of our clients.

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We all know that the recent fee hike, and other changes that happened in July created a massive backlog in application processing. Clients are waiting for months just to get receipts. Well now we may have a solution from Sen. Chuck Schumer - Immigration officials should rehire retirees to help clear a backlog of applications that could keep some people from becoming citizens, he said on Thursday:

"For waves of would-be citizens, bureaucratic incompetence is turning the American Dream into a dream deferred," Schumer said in a news release.

Citizenship and Immigration Services last week announced that people wanting to become U.S. citizens will have to wait 15 months to 18 months, rather than the national average seven months, to naturalize.

The agency received 2.5 million applications in July and August as immigrants tried to beat significant increases in application fees that took effect July 30.

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