Immigration Visa Attorney Blog

March 9, 2009

ESTA Approval is No Guarantee of Entry to the USA

The immigration law office of Romben Law, APC in Los Angeles receives many inquiries from travellers from Visa Waiver Program (VWP) countries about the Electronic System for Travel Authorization (ESTA) program. The ESTA program is ONLY for citizens of countries who do NOT need actual visas to enter the USA. If you are a citizen of another country, you should not register with ESTA.

ESTA registration is for citizens of Visa Waiver countries who wish to enter the USA using the Visa Waiver. If the traveller is using another visa, such as F-1, H-1b, L-1, E-2, or any other nonimmigrant visa, ESTA registration is not required.

ESTA was put into place to allow the US Department of Homeland Security (DHS) to pre-screen travellers coming to the USA who are citizens of countries who do not need visas to enter the USA: the so-called Visa Waiver Countries. The entire application process is conducted online and operated by DHS.

February 28, 2009

Immigration Background Check Delays – New Policy Affecting I-485 and -601 Applications

by Romben Law, APC

US Citizenship and Immigration Service (USCIS) announced today background check policy update affecting adjustment of status and waivers of inadmissibility cases delayed by long-pending background checks. While USCIS has not changed its national security requirements, they did modify their existing guidance for some procedures that will affect the detention and removal of people.

USCIS reported that nearly 50,000 applications for permanent residence are approvable but just awaiting an FBI name check which has taken more than 180 days. Applicants with long pending cases can contact the USCIS through the 1-800-customer service number (1-800-375-5283) or make an INFOPASS appointment to visit their local CIS office. The USCIS press release states that they will begin prioritizing these long delayed cases, requesting additional definitive FBI fingerprint checks. Applicants who are unable to go to an INFOPASS appointment may also hire an immigration visa attorney to conduct the status check for them.

For many people awaiting final adjudication of their petitions, expect that USCIS may contact you to request that your fingerprints be taken again at a local application support center. Keep in mind that the Department of Homeland Security may initiate removal proceedings if negative information is received through an adverse background check.

February 27, 2009

US Military Will Allow Enlistment of Some Foreign Nationals

by Romben Law, APC

Some Romben Law, APC immigration law clients have asked about the possibility of serving in the US armed forces. Attorneys at Romben Law, APC contacted military recruiters in Los Angeles.

The US Department of Defense (DOD) began a pilot program in December 2008 to recruit up to 1,000 nonimmigrant aliens in the next 12 months. DOD has taken this step to permit enlistment of certain people who have skills which are critical to the US. The critical skills are within the medical field and foreign languages.

If you wish to enlist, you must be in one of the following categories: asylee, refugee, temporary protected status (TPS). Also, E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V nonimmigrants are eligible. An eligible recruit: (a) must not have had any single absence from the US of more than 90 days during the two-year period preceding enlistment, (b) must have been in valid status in one of these categories for at least two years immediately prior to enlistment (but it does not have to be the same category for the entire period), and (c) in the medical category, the recruit must fill medical specialities where the armed forces have a shortfall, and (d) in the language category, the recruit must possess specific language and culture capabilities in a language critical to DOD.

December 29, 2008

H-1 or L-1 and Unemployed?

by Romben Law, APC

Five days before Christmas, the Los Angeles Times reported a loss of nearly 42,000 jobs in the month of November. This raises the unemployment rate in California to a historic high of 8.4 percent.

I am often asked whether workers on H-1B or L-1 status can be terminated even if their visas have not expired. Others have asked me questions like how long can an H-1B employee stay in the US after being terminated, whether there is a grace period like 30 or 90 days.

The answer is simple and draconian: once the employer-employee relationship ends, so does the employee’s immigration status. In other words, when an employee no longer provides services as per the terms of their work petition, they are no longer allowed by the USCIS to stay in the US.

December 2, 2008

Taiwan as Country of Nationality

by Romben Law, APC

Immigration law firms like Romben Law, APC, even though we’re located in Los Angeles, often get embroiled in international politics. There has recently been controversy about whether US Citizenship & Immigration Services (USCIS) would put “TAIWAN” as the country of former citizenship on US Naturalization Certificates.

Because the US Government recognizes the government of the People’s Republic of China to be the “government of all of China,” including Taiwan, some CIS employees have unilaterally insisted on putting CHINA on the Naturalization Certificates of new citizens who emigrated to the USA from Taiwan. This controversy has been resolved

Chapter 22 of the US Code, section 3303 provides that Taiwan is considered a SEPARATE country for purposes of US immigration law. As a result, this clarifies that the use of TAIWAN on Certificates of Naturalization or Citizenship is acceptable.