Family-based visas

March 25, 2011

AIT Temporarily Suspends Visa Services

The immigration lawyers at Romben Law, APC in Los Angeles have recently learned that the United States’ American Institute in Taiwan (AIT) temporarily closed its visa section as of 18 March 2011, in order that personnel at AIT can assist US diplomatic staff in nearby Japan.

US-Taiwan diplomatic relations are unique, and there is no US Embassy in Taipei. The AIT oversees US interests in Taiwan, handles liaison with the Taipei government, and issues US visas.

For those who may have had immigrant and nonimmigrant visa interviews at AIT after 18 March 2011, AIT is instructing that you visit the AIT’s visa processing website to reschedule.

March 19, 2011

Expedited Processing for Japanese Nationals Affected by Earthquake and Tsunamis

by Romben Law, APC

The USCIS this week provided information on the types of immigration applications for Japanese nationals who are affected by disasters caused the earthquakes and tsunamis last week. In limited circumstances, the USCIS can expedite the processing of the following types of requests/cases:

requests for extensions or change of non-immigrant status even if the request is made after the applicant’s stay has expired

re-parole of individuals who have already been granted parole by USCIS

expedited processing of advanced paroles

expedited adjudication and approval for requests for off-campus employment in the case of F-1 students suffering economic hardship

expedited employment authorization

If you or someone you know is eligible for these services, please contact the attorneys at Romben Law, APC for assistance in making these applications to the USCIS. —ecf

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

February 24, 2011

Green Cards for Same-Sex Couples — Can we pour the champagne now?

by Romben Law, APC

It’s been a busy time since yesterday, when the Obama Administration announced it would no longer defend in court the section of the Defense of Marriage Act (DOMA) that would deny Federal benefits to same-sex couples who are legally married. The phones here at Romben Law, APC in Los Angeles have been ringing off the hook. In my many years as an advocate for gay and lesbian immigrants, I do not think I’ve received as many calls in one day, from Palm Springs to Providence, from West Hollywood to Washington, all asking the $64,000 question: “Can we get married and file our Spouse Petition now?”

First, to give you fair warning, I am going to punt the answer to that question down field. I think that — at this moment in the legal process — it would be prudent to think of SAFETY, to look at the facts of each couple before advising whether to file the paperwork. Why? Because there are simply too many variables right now, and we have no assurance from the immigration authorities that they won’t run out, arrest, and quickly deport an undocumented alien the moment they know where s/he is.

Next, the Obama administration has said that they will no longer defend DOMA in court. This is NOT the same as saying that they are freely granting equal rights to all same-sex married couples for tax, social security, or immigration purposes. I anticipate that — as well-meaning as the administration may be — the powers-that-be at US Citizenship and Immigration Services will fight tooth and nail until specifically ordered by the White House to recognize same-sex marriages.

February 23, 2011

Down with DOMA! — But don’t file that spouse petition just yet!

by Romben Law, APC

Wednesday’s announcement by the White House that the Obama Administration has said it will not defend section 3 of the Defense of Marriage Act in court is something of a welcome surprise. This should mean that — at least in states where same-sex marriage is legal — same-sex couples can claim federal benefits on an equal footing with opposite-sex married couples. Such benefits would likely include marriage petitions for foreign spouses. The attorneys at Romben Law, APC have sought and created legal immigration solutions for same-sex couples for years, here in West Hollywood and Los Angeles, throughout the United States, and even overseas. I have been an attorney for almost thirty years and have been an advocate for gay and lesbian immigrants for most of that time. I have counseled over a thousand same-sex couples in my time, and this is the best news so far in the fight to permit US citizens to petition their same-sex partners.

However, it is not clear how this will spin out. I wish I could tell couples to go out, get married where it’s legal to do so, and file the Family Petitions — but I don’t think it’s prudent just yet. Why not?

First, the Department of Homeland Security is no joke. They are serious about removing people from the USA wherever undocumented people can be found. If you are trying to protect your loved one, you don’t volunteer him or her to be a guinea pig! By filing a petition, you are revealing the exact address of your spouse. US Immigration and Customs Enforcement (ICE) is famous for the “knock in the middle of the night.”

February 15, 2011

Employment Authorization and Advance Parole Cards

by Romben Law, APC

Clients who file their permanent residency applications through Romben Law, APC are always advised to use employment authorization and advance parole (often referred to as “travel permit”) documents with caution. As of February 11, 2011, USCIS has begun issuing employment authorization and advance parole documents in ONE SINGLE CARD, and as a result, the attorneys at Romben Law, APC are concerned that applicants for permanent residency do not utilize the card without a careful analysis of whether using the card might jeopardize their current status or prevent them from re-entering the US after traveling abroad! Screen shot 2011-02-15 at 12.59.51 PM.png

For many applicants who are applying for greencards through employment, using an employment authorization card with a company other than the sponsoring employer can be a violation of the applicant’s current non-immigrant visa status. In some cases, this can result in a denial of the entire adjustment of status application!

It is very common for some applicants to be granted the advance parole document by USCIS, although leaving the country, even with the advance parole in hand, could bar them from re-entering. This scenario is typical for those who face the 3 or 10 year bar because of unlawful presence. Please contact the attorneys at Romben Law, APC if you or someone you know is applying for permanent residency. —ecf

December 1, 2010

DREAM ACT in Congress Again!

by Romben Law, APC

Just last night, Majority Leader Reid (D-NV) filed a new version of the DREAM Act in an effort to get the 60 required votes to pass the Senate where a vote may occur as early as Monday.

This new version of the DREAM Act includes the following provisions:

Excludes from eligibility those with certain criminal convictions, such as for offenses punishable by a maximum term of more than 1 year (felony) or 3 misdemeanors

September 9, 2010

Relatives of Permanent Residents Visa Numbers Moving Quickly

by Romben Law, APC

Major news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren’t far behind either: January 1, 2009.

What is a a “priority date,” you ask? A “priority date” is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I’ll try. Let’s start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest “priority date.” A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren’t received by USCIS before this “retrogression” happens, applicants are back to the waiting game.

In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Romben Law, APC before those dates start floating backwards again. –ecf

August 25, 2010

Elin Nordegren: Her Side of the Story

by Romben Law, APC

Elin Nordegren broke her silence today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger’s infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.

In our practice at Romben Law, APC, we have seen many marriages, like Elin and Tiger’s which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn’t survive the test of time, it was not a marriage of convenience for immigration purposes.

If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency – even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it’s sometimes impossible. attorneys at Romben Law, APC have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.

August 23, 2010

Naturalization – Yet Another Reason to Seek Citizenship

by Romben Law, APC

The attorneys at Romben Law, APC have helped hundreds of legal immigrants seek citizenship over the years. Whether we have worked with you at a naturalization drive, through labor unions, or in our own offices, citizenship is the ultimate goal of most immigrants. Today, the government announced that cash assistance to elderly and disabled immigrants who were granted entry based on humanitarian reasons may lose benefits unless they have naturalization applications pending. Many of those affected are people who were granted asylum or refugee status.

Most immigrants are eligible for naturalization after a 3 or 5 year period after their initial residency period begins. Many immigrants delay applying for naturalization because they fear the English or history exams. While the naturalization exam can seem daunting, the government allows for applicants to re-take their exams if they fail the first time. Some immigrants who are long term residents may even take the examination in their native language, but many immigrants simply put off the naturalization process because it has become intimidating or costly. However, in most cases, an immigrant who truly desires to naturalize and is eligible to do so can make an application and be successful with the right type of support and preparation. Today’s announcement by the administration poses yet another reason for immigrants who have been putting off their citizenship application to call and find a qualified immigration attorney to help them with the process. Romben Law, APC encourages those eligible for naturalization make an application and realize their dreams of finally becoming US citizens. —ecf