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

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An Open Letter to the California Legislature Regarding AB 1159

Posted August 13, 2013

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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I-864 Affidavit of Support: Overview and Best Documents to Evidence Income or Assets

Posted July 31, 2013

U.S. citizen petitioners who sponsor an applicant for Adjustment of Status, a K-1 “fiance” visa or an immigrant visa must submit a USCIS form called an ‘Affidavit of Support’ (form I-864) before the adjustment can be finalized at the local USCIS district office or, in the case of a K-1 or immigrant visa application, at the U.S. consulate abroad.  The purpose of the Affidavit of Support under INA §213(A) is to provide the U.S. government reliable evidence that the adjustment or immigrant visa applicant will not seek public-charge benefits (e.g., Medicare, AFDC, Supplemental Security Income) during (generally) the first 10 years of the applicant’s presence in the United States or until they naturalize to U.S. citizenship.

The qualifying amount of income is 125% of the Department of Health and Human Services’ most recent federal poverty guidelines for the sponsor’s household size (100% for active duty military).  you can find 2015 poverty guidelines here. 

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Legal Requirements for Issuance of a B-1/B-2 Visitor Visa

Posted February 19, 2013

Under section 214(b) of the Immigration and Nationality Act (INA), “every alien. . . shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a non-immigrant visa, and the immigration officers, at the time of application for admission, that he is entitled to non-immigrant status under section 101(a)(15).”

How does one demonstrate non-immigrant intent?

The State Department has specified five general requirements for issuance of a B visa to a foreign national.  These requirements are rarely excused:

  1. The alien is entering the U.S. for a limited duration;
  2. The alien intends to depart the U.S. at the expiration of his or her stay;
  3. While in the U.S., the alien maintains a foreign residence which he or she has no intention of abandoning;
  4. The alien has adequate financial arrangements to travel to, travel within, and depart from the U.S.; and
  5. The alien will only engage in limited activities relating to business or pleasure.

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