Legislation requires consensus, or should anyway, and we still don’t have it.  Odds for sensible immigration reform in the USA near term remain decent, yet certifiably longer than they were following passage of the Senate bill in June.  To blame: ongoing debt battles, a government shutdown and pillowfights over the Affordable Care Act, aka ObamaCare.

President Obama declares immigration reform is his top priority, and surely it is.  The 113th Congress is in session.  Fall is in the air, amber leaves, wool sweaters, promises of sitting down to turkey after making peace with our neighbors.  Here we go. . .  the latest proposition emerges from Rep. Darrell Issa’s office in the House of Representatives.  Darrell, a Republican, represents a relatively conservative and affluent district, the San Diego north coast.  I personally met with the congressman in his office over the status of immigration law during an AILA lobby day ten years ago.  At any rate (he mostly ignored me), Mr. Issa plans to introduce a bill that would allow a time-limited legal status – six years – to undocumented persons in the country to advance their eligibility to permanently and lawfully immigrate.

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Note to Followers

Posted September 12, 2013

Update of the Twitter API is on its way, along with a revamp of site content.  With massive changes looming in U.S. immigration law, we’re refitting the vessel.  Thanks for your patience.

Registered Provisional Immigrant (RPI) status: Inadmissibility changes will be key to understanding your place in line. Stay tuned and stay out of trouble.

Same Sex Couples: see below.

Vote NO on California AB 1159.

~ FRW

 

Same Sex Marriage Immigration is Here

Posted September 12, 2013

I-130 petitions for formerly excluded same-sex spouses are being accepted by USCIS and adjudications proceeding, with accompanying eligibility for adjustment of status or consular processing. per SCOTUS’s recent DOMA slapdown.  The State Department is working out rules for consular issuance of immigrant visas and fiance visas abroad.  For I-130 eligibility, marriage certificates must be issued from one of the 13+ issuing states ( http://www.freedomtomarry.org/states/) and domicile at filing should be within the 13+, though exceptions are reviewed for employment-based circumstances.  Conditional residence applies for those married less than two years as of date of admission as a permanent resident.  Naturalization eligibility flows three years later for couples that demonstrate bona fides.  Contact us for insight and assistance.  (415) 845-9122

Note: The below is re-printed from a letter authored by yours truly and addressed to California State Senator Kevin de Leon (D-Sacramento) and Assemblywoman Lorena Gonzalez (D-San Diego), co-authors of proposed Assembly Bill (AB) 1159.  AB 1159 purports to ‘protect California consumers’ by requiring immigration attorneys in the State of California to meet special licensure requirements, including a new requirement to be bonded or adequately insured in order to practice ‘immigration reform services,’ and to be subject to special oversight by the State Bar of California.  The measure is proposed in anticipation of Congress passing Comprehensive Immigration Reform legislation.  It is motivated by a flawed understanding of our profession and by blatant advocacy of special interests in California that will, in effect, backfire if passed.  ~ FRW  

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Dear Senator de Leon and Assemblywoman Gonzalez:

I practiced immigration law for seven years in downtown San Diego before relocating to San Rafael in the Bay Area.  I have over 15 years experience in this field.  It is a more difficult and complex field than most non-immigration practitioners realize, often thankless and far from lucrative.  But I love it anyway and intend to stick with it.

I essentially began my career by studying international relations at UC Davis, and my parents live in Sacramento.  I know this state, its international flavor and its immigrant community well.

Please realize, the far majority of immigration lawyers in California are ethical and honest, and routinely achieve for our clients exactly what they came to us for.  We take pride in our work because we see the results first-hand.  We attend heart-warming naturalization ceremonies.  We’ve all seen clients cry with joy at an approval notice.  We are witnessing first-hand how Deferred Action for Childhood Arrivals is changing lives for the better.  We anguish with our clients when we run out of options.

In this regard, AB 1159 is misguided policy and an overreach, not to mention insulting to a large class of California professionals.  It is not enough to assume a level of fraud in the immigration bar that would justify these measures.  You need to demonstrate a proliferation of past fraud through evidence.  Among California’s immigration attorneys, the evidence is just not there.

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