Citizenship & Nationality

September 10, 2021

Let’s encourage more naturalization!

The people that make up the United States have been compared to a melting pot, a salad bowl, and a quilt. Whichever analogy you prefer, the immigration attorneys at Romben Law, APC have always believed that immigrants are a vital part of this society. Immigrants may be found at all levels of the socio-economic ladder and within each of the fifty states.

We believe that immigrants should fully participate as part of the voting electorate and the body politic. Immigrants can bring their wide breadth of experiences to bear while serving on juries of their peers. And immigrants who have lived in this country for many years should participate in determining the direction of the country through the ballot box. And as these privileges are only available to United States citizens, the first step to making this happen is to encourage the naturalization of as many eligible immigrants as possible.

The lawyers at Romben Law, APC have historically provided free services in this endeavor. We have volunteered at immigration clinics. We have partnered with local organizations to provide seminars on naturalization. We want to do our part to encourage as many immigrants to naturalize and become full members of the American community. From here on out, we pledge that for straightforward applications, our legal fees to prepare the application and to have an attorney attend the interview in the Los Angeles metropolitan area will be significantly reduced. (While we can also assist many folks who are farther away, we will need to assess costs for travel and accommodations.)

October 6, 2019

Now we can watch a sitcom about immigrants!

by Romben Law, APC

Today, we are going to talk about a new comedy on NBC called “Sunnyside”! It stars Kal Penn (the tall guy from the Harold and Kumar movies) as Garrett Modi, a down-on-his-luck former city council member who is booted out of office. Somehow, he is hired by a motley crew of immigrants to be their “citizenship test tutor.”

Before we go any further, I know that some of you might be wondering about my qualifications to critique a show about immigrants in Sunnyside, Queens. Well, I have watched “Coming to America” at least twenty times and 90% of that movie happens in Queens. (Fun factoid: Not only is Queens the largest of the five boroughs, it is also the most ethnically diverse.) Also, when I first moved to New York City, I lived in Woodside, which is two stops away on the illustrious 7 line from Sunnyside. (I lived near the 61st Street stop, which is an express station. When I first moved in, I thought “This is great! I will be in Manhattan in ten minutes!” Then, during my first week of work, I learned that the express train was very full by the time it reached Woodside. Which then forced me to discover the benefits of the local. Like how my commute to work would take an extra 30 minutes.)

ABOUT THAT CITIZENSHIP TEST

May 8, 2019

It’s a boy! Master Archie Mountbatten-WIndsor is a US citizen, too!

by Romben Law, APC

It’s a boy! HRH Master Archie Harrison Mountbatten-Windsor, the newborn son of Prince Harry Duke of Sussex and US-citizen HRH Lady Meghan Markle Duchess of Sussex, was born in the early morning of 6 May 2019. (No, Master Archie is not (yet) a Prince; that style must be conferred on him by The Queen.)

In case anyone was wondering, the young Prince is a dual US-UK citizen. He has UK citizenship from his UK father. By §301 of the Immigration and Nationality Act, US citizenship is transmitted to him automatically because he is the child, born in wedlock, between a US citizen (Lady Meghan) and a foreigner (Prince Harry). The Lady Meghan may or may not be a UK citizen at this time, but that does not matter. For purposes of transmission of citizenship, at the time of Master Archie’s birth, all that counts is that she is a native-born US citizenship who has lived most of her life in the USA.

Master Archie will have a US passport — issued by the US Embassy in London. He will not need a green card or a visa to enter the USA.

September 13, 2017

What can I do if USCIS is taking too long to make a decision in my case?

by Romben Law, APC

Starting October 1, 2017, USCIS has indicated that it would be start requiring in-person interviews for individuals seeking lawful permanent resident status who have been petitioned by their employers. According to a USCIS spokesperson, there will be additional visa categories that will also require interviews in order to “further improve the detection and prevention of fraud and security risks to the United States.”

In the view of one attorney, “The immigration service [previously] realized that most of the time it was a colossal waste of everyone’s time.” As a result, USCIS had agreed to waive many of these interviews. Such waivers will no longer be granted.

Based upon an anecdotal, informal survey of Romben Law, APC clients, a marriage-based “green card” case in the Los Angeles area can be expected to be completed within 6-8 months of filing. Tasking the same number of USCIS interviewing officers to now conduct additional interviews on top of the existing caseload is a sure recipe for longer adjudications.

July 20, 2017

Missed connections at the Immigration CLE class

by Romben Law, APC

Just recently, at the immigration panel sponsored by the Philippine American Bar Association and the Southwest 19983783_10156399026806040_2359524460906285725_o-300x300 ern Law School Asian Pacific American Law Student Association.

YOU: Audience member listening with rapt attention to the four excellent speakers gathered for the event.

ME: The speaker who had the unfortunate task of informing everyone that under President Trump’s new enforcement directives, just about every non-US-citizen inside the United States faces the risk of being deemed a “risk to public safety or national security” at the sole discretion of an immigration enforcement officer.

June 23, 2017

A good week for second chances

by Romben Law, APC

This week, the United States Supreme Court issued decisions in not one, but two (!!) immigration cases for the immigration lawyers at Romben Law, APC LLP to chat about.

Earlier this year, I wrote about the Maslenjak case. During oral arguments, the justices seemed extremely skeptical regarding the government’s position that ANY misrepresentation could lead to an individual being stripped of citizenship. The justices — in a 9-0 smackdown — decided that the lie “must have somehow contributed to the obtaining of citizenship.” The justices acknowledged that sometimes folks tell minor falsehoods out of “embarrassment, fear, or a desire for privacy.” The Supreme Court left it to the lower courts to craft rules regarding the effects of lies in the naturalization process, but opined that adopting the government’s rule would give “prosecutors nearly limitless leverage — and afford newly naturalized Americans precious little security.”

In Lee v. United States, the Supreme Court overturned a conviction for an individual facing deportation. Jae Lee, who immigrated to the United States as a teenager, was told by his criminal defense attorney that accepting a plea deal would not jeopardize his lawful permanent resident status. Lee discovered that his attorney was “dead wrong” when the government immediately began removal proceedings. This does not mean that Lee is in the clear: he will need to either negotiate a new plea deal, or go to trial.

October 12, 2016

American Immigrants Win Nobel Prizes in the Sciences

by Romben Law, APC

The US political dialog is ugly and divisive this year. It is also full of misinformation. One political party would want you to believe that immigrants are bad for our nation, that they make no contribution to our nation. Whether they come to the US on a B-visa, C-visa, extraordinary worker visa, or EWI, immigrants make our nation vibrant, diverse, and accomplished!

Don’t believe me? Note that this year, six Americans won Nobel prizes for their work in the sciences. All of these Nobel prize winners are American immigrants!

Take that, Donald Trump! –jcf

March 23, 2012

Applying for TPS – Syria

by Romben Law, APC

Time to apply? Temporary Protected Status (TPS) for Syrians in the US! The USCIS has just announced that Syria will now be a designated country for temporary protected status. Due to the political instability in Syria, Syrians who are now in the United States will soon be able to apply for TPS which will allow them to be granted employment authorization and for extensions of the TPS designation is extended for Syria. The initial TPS designation will be for 18 months. USCIS has instructed applicants NOT to submit applications yet but applications may be prepared now in anticipation of more guidance next week. Remember that TPS is not automatic and applicants will have to show their eligibility, and background checks will still be conducted of all applicants. Those who will be found ineligible are those who have multiple convictions or other factors but certain noncriminal and non-security grounds can be waived. If you are interested in applying for TPS, call Romben Law, APC for a consultation. —ecf

March 23, 2011

Elizabeth Taylor: a lesson in transmission of US citizenship

by Romben Law, APC

Eliz Taylor.jpeg With today’s passing in Los Angeles of Hollywood film star, Elizabeth Taylor, the sometimes-sentimental immigration lawyers at Romben Law, APC want to examine the question of citizenship. Miss Taylor was born in London, England in 1932 to US citizen parents. So: was she a citizen of the US? or the UK? or was she a dual citizen?

Under the Fourteenth Amendment of the US Constitution, the general rule is that “all persons born … in the United States [and in certain territories] are citizens of the United States.” This rule has been a part of American law since 1868. This aspect of the fundamental rule of the Constitution is today under attack by radicals who do not want the children of undocumented aliens to become citizens. However, Elizabeth Taylor was born in England, so we do not yet have our answer.

Miss Taylor was born in 1932, the daughter of two US citizen parents who were living in England. As a general proposition, a child born in wedlock, outside the USA, to two US citizen parents, automatically acquires US citizenship at birth. Immigration and Nationality Act §301.

March 11, 2011

Earthquake in Japan: Tsunami Warnings for Hawaii and West Coast

by Romben Law, APC

Japan: an 8.9 earthquake has rocked Japan today, marking the most powerful earthquake in Japan’s recorded history. This quake is the fifth most powerful in the world since 1900, says the U.S. Geologic Survey. Tokyo reports massive aftershocks. Narita Airport, Sendai Airport remain closed, although Haneda Airport has reopened already. The immigration attorneys at Romben Law, APC who practice in business immigration, family-based immigration, removal defense and appellate work extend sympathy and concern to all our Japanese clients and those with family and friends abroad who are affected by this devastating disaster.

Over the years, the immigration attorneys at Romben Law, APC have worked proudly in the Japanese immigrant community, having represented multinational executives and managers for some of Japan’s largest corporations, professors providing invaluable research and teaching in top U.S. universities, professional employees working in companies based in Little Tokyo and in Japanese American non-profit organizations, and of course, countless individuals and families of Japanese descent.

With early reports of the death toll, the true damage the earthquake has caused remains unknown at this moment. We do know that this earthquake may cause tsunamis powerful enough to engulf or wash over small islands in the Pacific causing more damage and posing continued danger to those in the Pacific. For clients wishing to return to Japan in the weeks to come, please call the attorneys at Romben Law, APC for guidance on how to check the US Department of State for travel warnings and other restrictions. —ecf