Immigration Visa Attorney Blog

July 15, 2009

Update – Delays in LPR Card Production

At the end of June 2009, we noticed that our Los Angeles immigration clients were experiencing delays in receiving their Legal Permanent Resident cards (LPR card, the so-called “green” card). This delay was apparently due to USCIS updating its card production equipment. As immigration lawyers, Romben Law, APC are always concerned when USCIS delays the production of LPR cards, because such a delay creates enormous difficulties for clients.

We have recently noticed that our clients have received their LPR cards within one month of approval.

Whether the card production delay is over, or whether the California Service Center (where the majority of our clients’s card are processed) has already had its equipment upgrade, we do not know. –jcf

July 1, 2009

Trying to Save the EB-5 Employment Creation Visa

by Romben Law, APC

Because we are a law firm devoted exclusively to the practice of immigration law, Romben Law, APC of Los Angeles gets calls frequently about the so-called “millionaire green card.” The more accurate name for this would be the EB-5 Employment Creation Immigrant Visa, or just “EB-5.” This sometimes controversial visa provides for conditional legal permanent resident status for persons who, after November 1990, invest $1 million (or in some cases $500,000) in a new business that employs ten US citizens (or certain other authorized workers) full-time and engage in that business through day-to-day management.

There has been much criticism of the EB-5 visa; however, US Citizenship and Immigration Services (USCIS) officials declared in February 2009 their firm commitment to the success of the EB-5 program, acknowledging the value of the program to the US economy. The USCIS Ombudsman’s office has made the following recommendations for the EB-5 program:

1. Quickly finalize the Special Legislative Regulations, to alleviate the so-called “stuck” EB-5 investors who have been in limbo since 1995. Improperly documented cases can drag on for years.

July 1, 2009

Immigration Crackdown at Work Places

by Romben Law, APC

A recent story by Associated Press reports that Immigration and Customs Enforcement (ICE) has begun a crackdown in all states, checking employers large and small to verify that employees are legally authorized to work. Romben Law, APC in Los Angeles represents companies as well as individuals.

Most employers and even some individuals are required to maintain Form I-9 Employment Eligibility Verification on all regular employees. If a company does not maintain its I-9s properly, the company can be fined. If a company is in doubt about whether its I-9s are properly completed and maintained, the company should contact reliable immigration law counsel to arrange for a review of the files. –jcf

June 30, 2009

Delays in LPR Card Production

by Romben Law, APC

Romben Law, APC in Los Angeles has recently received quite a number of phone calls from people who are waiting for issuance, re-issuance, or replacement of their US Legal Permanent Resident (LPR) cards. US Citizenship and Immigration Services (USCIS) has been experiencing delays of 2 – 3 months due to an upgrade being made in the card-production equipment.

If you have not yet had your immigration or adjustment of status interview, please remember to bring your passport with you to the interview. If your application is approved at the interview, the officer should place “the I-551 stamp” in the passport. The I-551 stamp will temporarily allow you to travel in and out of the USA and work legally, until you receive your LPR card.

If you do not have a passport, you can bring two passport-type photos with you, plus your driver license (or other government-issued I.D.), and the officer can issue you temporary proof of your status.

June 29, 2009

Update on Immigration Reform: 29 June 2009

by Romben Law, APC

Immigration law firm Romben Law, APC in Los Angeles has always urged that US immigration laws (and officials) treat immigrants fairly. As part of our advocacy, we have urged US citizens and US Legal Permanent Residents (“green” card holders) to write elected officials and express their views about humane immigration reform, especially with regard to the immigration of same-sex partners and undocumented youth who were brought here as children.

US Capitol.jpg Some people have asked for recommendations about the officials to whom they should write. Firstly, because immigration is a Federal matter, you should write to President Obama, both your state’s US senators, and your Congressperson to the US House of Representatives.

at Romben Law, APC, we believe in a more comprehensive approach. Most of the upcoming CIR battle will take place on Capitol Hill, but there are everyday people who need to learn about CIR. Local officials and community leaders can be powerful advocates for the immigrant community. We think you should also write your state and local representatives, and encourage them to write to Congress and push for change. In other words, it is good to write directly to Congress, and representatives love to hear from you. But they listen even more keenly when local mayors, councils, and state officials write. Therefore, consider writing also to:

June 27, 2009

Michael Jackson’s Concerts in Britain

by Romben Law, APC

Romben Law, APC in Los Angeles has received several calls about artists who have been involved in the preparations for the series of Michael Jackson concerts which were scheduled to take place in London beginning this summer. The performer’s recent death has thrown arrangements for those concerts into chaos.

Although the Jackson concerts were to take place in the United Kingdom, extensive preparations were taking place both in the UK and in the United States. In preparation for any big rehearsal, event, performance, or concert, teams of make-up artists, costume designers, hair stylists, choreographers, dancers, back-up vocalists, special effects personnel, music arrangers, musicians, lighting engineers, etc. etc. come together to create the shows that so many enjoy. The number of people involved with a complex series of high-tech, music and dance spectaculars can be upwards of 50 -100 people, not all of them American.

Renowned performers and artists can qualify for the O-1 visa (“extraordinary ability in the sciences, arts, education, business, or athletics) to enter the USA. However, when something catastrophic happens — like the death of a performer — the performance or concert on which the O-1 visa is based is cancelled, the performer or artist risks falling out of legal immigration status.

June 26, 2009

Update on Immigration Reform: 26 June 2009

by Romben Law, APC

With the passing of Farrah Fawcett and Michael Jackson yesterday, the news about the “launch” of the immigration reform policy discussion passed under the radar for most people. As immigration attorneys in Los Angeles, Romben Law, APC advocates for a comprehensive overhaul of the immigration system in the USA.

The President, Vice President, and pivotal cabinet members met with members of Congress from both parties to discuss the timing for and shape of a Comprehensive Immigration Reform (CIR) bill expected to be introduced before the end of 2009.

Department of Homeland Security Secretary Janet Napolitano will be in charge of evaluating the proposed bill.

June 25, 2009

The Day Michael Jackson Died and Immigration Reform

by Romben Law, APC

3pm, June 25, 2009 – I’m sitting in a legal practice seminar when across the table, an attorney whispers, “Michael Jackson just died.” Thanks to Twitter, instant messaging, texting, iPhones, PDAs, we got the news as it broke. We had also lost Farrah Fawcett earlier the same day, and Ed McMahon less than 48 hours before. It is a somber reminder – we are all mortal. Michael Jackson has been compared to this generation’s Elvis. Now the culturally significant question might now be: “where were you when the King of Pop died?”

I was attending a seminar on how to run a more efficient law office by automating the legal process to reduce attorney time spent on each case. While this might be okay for other law offices, it wouldn’t serve the mission of an immigration law office like Romben Law, APC where we work with clients who have such different and highly individualized immigration problems. Sure, maybe this method could work for some clients who have simpler, more straightforward cases but not for those who have very complex problems. I do agree that technology should help attorneys work more efficiently, but technology can’t replace the one-on-one time that an attorney needs to spend with a client, time spent listening. I couldn’t delegate that task to a computer – no way. My job is to help people achieve their immigration plans, their dreams. And doing so means you have to work closely with clients. The seminar became really irrelevant to me right then and there.

But what is relevant to me on the day Michael Jackson died, is that today, President Obama conducted the first of what will be many, many meetings beginning the long-awaited immigration reform debate. The New York Times ran a good article yesterday on how the political stage is set for this discussion. But it’s also important to ask ourselves, what we think immigration reform should to look like. Could we ourselves, have misperceptions about immigration or immigrants that we need to examine or change? Immigration reform is going to take place on the political stage, but conversations in all our communities need to take place, too. And it starts with ourselves, whether we are using myths to make judgments on immigrants or actual facts. –ecf

June 14, 2009

July 2009 Visa Bulletin Reflects Grim News for Employment-Based Applications

by Romben Law, APC

Those who are patiently awaiting their EB-3 and EB-2 petitions to become current probably check the Department of State’s website every month for the newest visa bulletin. Many of you have probably been in the processing queue for several years, are on AC-21 extensions of your H-1B, or are relying on your work permits (EADs), and EAD renewals year after to year so you can keep working legally while you await your “greencard.” Some of you are facing situations where your children face “age out” issues and even more of you are awaiting permanent residency so you can then travel legally to visit relatives in your home country. Some may waiting abroad. Nonetheless, you are all waiting and waiting…

The July 2009 visa bulletin released by the US Department of State confirms what we already know – that waiting times are painfully long and slow. But an announcement by the US Department of State’s Visa Office to the American Immigration Lawyers Association (AILA), confirms what we have dreaded along: that the situation is “dire” and will amount to extended delays beyond what you have already endured.

The Visa Office has already indicated that the worldwide cutoff date for EB-3 will be set on or around March 1, 2003. With any luck, we may see quick advances in that category near the beginning of 2010, but I’m not counting on it.

June 12, 2009

H-1B Quota Filings Going Down; Cap Not Yet Reached; USCIS Issuing Denials

by Romben Law, APC

Since April, I have been keeping track of the FY 2010 H-1B quota cap. I’ve posted each of the USCIS updates on the FY 2010 H-1B count and today’s update confirms that the H-1B quota is still open. Many of us expected that as in years past, the H-1B quota would be reached on April 1, which the first date that H-1B petitions are received. If not the first day, then within the first week of April. And if not by then, certainly by the summer months. We were all wrong.

Perhaps it should not be much of a surprise that with unemployment rates at an all-time high, the often-coveted H-1B visa for professional, skilled workers is still available today. USCIS reported today that about 44,400 H-1B applications have been filed to date. And as I have been reporting, USCIS has and will continue to make allocations for accepting more than enough applications because the agency has repeatedly reminded the public that many H-1B petitions will be denied.

Today’s H-1B update confirms just that: lots of denials.