California Immigration Attorney Blog

With the passage of Health Care reform, many Washington watchers believe the attention of lawmakers is now poised to turn to immigration reform.

Our Los Angeles immigration attorneys are concerned about the legal rights of immigrants in California as the debate over reform grows louder. Too often, those with money and power find success in Washington; and too few with money and power seem to be concerned about protecting the rights of hardworking immigrant families.

Tens of thousands of immigrants and activists rallied in Washington, D.C. over the weekend, calling for legislation to give legal status to millions of immigrants and pressuring President Obama to fight for their rights now that health care reform is behind him, according to an article in the New York Times.

The demonstrators filled five blocks of the Washington Mall -- the same venue used to fight for the rights of women, African-Americans, and gay citizens, during more than two decades of struggle for all of America's inhabitants.

Chanting Obama's campaign slogan, "Yes We Can," in both English and Spanish, supporters of immigrant rights tried to compete for the attention of the media and Washington lawmakers.

The rally marked the first major return to activism for immigration activists since widespread marches and rallies in 2006. After an immigration overhaul was defeated in Congress in 2007, immigrant advocates were forced to lay low as the pace of enforcement raids increased.

Supporters are calling on the President to take action on a promise to move an immigration bill through Congress early this year. Obama addressed the crowd through a videotaped message, promising to work on the issue but avoiding a specific time frame.

"I have always pledged to be your partner as we work to fix our broken immigration system, and that's a commitment that I reaffirm today," Obama said. "You know as well as I do that this won't be easy, and it won't happen overnight."

Rep. Nydia M. Velazquez, D-NY, chairwoman of the Congressional Hispanic Caucus, was quoted in the Times as she reminded the crowd and Washington politicians of the power of the Hispanic vote.

"Every day without reform is a day when 12 million hard-working immigrants must live in the shadow of fear," she said."Don't forget that in the last presidential election 10 million Hispanics came out to vote."

Continue reading "Southern California braces for new focus on immigration reform in Washington" »

Despite the growing rhetoric among California politicians, immigration reform was cited as a top concern by fewer than half of California voters who responded to a recent poll, according to the San Francisco Chronicle.

Jobs and the economy were of primary concern to voters. And our Anaheim immigration attorneys understand good jobs and financial security are of primary importance to immigrant families in Southern California as well.

The state budget deficit, education and health care were also of major concern to the majority of California voters. Taxes, illegal immigration and water were listed as top concerns by less than half of respondents to the poll, which sampled 503 registered voters and was conducted Marcy 9 to 15.

A similar poll in 2006 found just 39 percent were worried about jobs and the economy, compared to 60 percent today. Four years ago, the poll didn't even ask about the state budget deficit because there wasn't one. Forty-five percent of respondents listed education as a top priority four years ago, compared to 60 percent now.

However, responses largely fell along party lines; Republicans are overwhelmingly more worried about illegal immigration and taxes, while Democrats were much more concerned about health care and education.

The poll found only 37 percent of voters felt immigration was a critical issue, or about 1 in 3 respondents. However, only 27 percent of Democrats and 30 percent of nonpartisan voters felt immigration was a top concern, compared to 58 percent or Republicans.

Continue reading "Few California voters list immigration as a critical issue" »

Steve Poizner, a Republican candidate for California governor, continues to make opposition to immigration a centerpiece of his campaign, funding a new ad campaign this week that promises to end taxpayer-funded benefits to illegal immigrants and blames liberals for "doing too much for too many," according to the San Jose Mercury News.

Our Riverside immigration lawyers and Los Angeles immigration attorneys expect to hear much more about immigration from the media and state and federal lawmakers in the coming months, as the California governor's race heats up and Washington lawmakers turn their attention away from the healthcare debate.

While Poizner may be appealing to Republican primary voters (a recent poll indicated nearly 60 percent of Republicans feel immigration is a critical issue, compared to less than 30 percent of Democrats and Independents), he risks alienating Hispanics, who make up a third of the state's population and are an increasing force at the polls.

Poizner, who trails Republican opponent Meg Whitman by a wide margin in the polls, proposes ending state funding for non-emergency medical care for illegal immigrants and blocking illegal immigrants from receiving in-state tuition at state universities.

While estimates vary, it's believed that millions of illegal immigrants live in California. Most are hardworking and productive residents seeking a better life for their families. Many seek citizenship throughout legal channels and would welcome immigration reform that would allow them to become citizens.

Poizner's arguments echo 1994's debate over Proposition 187, which denied publicly funded social services to illegal immigrants but was found unconstitutional by the federal courts.

Continue reading "California Governor's race fuels immigration debate" »

The U.S. Supreme Court on Monday agreed to decide if mothers and fathers may be treated differently in determining whether a child can claim American citizenship, the New York Times reported.

As Los Angeles immigration attorneys, we are monitoring this case closely; few claims to U.S. citizenship have been as strong as being the child of a U.S. citizen. But, as debate over immigration continues to grow, so do the efforts being made by immigration foes to erect obstacles to citizenship.

This case involves Ruben Flores-Villar, who was born in Tijuana, Mexico but was raised by his father and mother in San Diego. His mother is Mexican and his parents were not married.

In attempting to avoid deportation, Mr. Flores-Villar claimed American citzenship. However, the 9th District Court of Appeals in San Francisco rejected that claim under a law that outlined different requirements for mothers and fathers whose children were born abroad and out of wedlock to a partner who was not a U.S. citizen.

The law permitted fathers to transmit citizenship only if the father had lived in the United States for 10 years before the child's birth and for at least five years after the age of 14. Mothers are only required to have lived in the United States for a year before a child's birth.

Mr. Flores-Villar's father was only 16 when his son was born -- making it impossible to fulfill the 5-year residency requirement past the age of 14. He argues that the different treatment for men and women violated equal-protection principals.

In 2001, the Supreme Court upheld a law that posed different requirements in a similar situation; a divided court ruled that American fathers of children born out of wedlock abroad had to obtain a court order establishing paternity or swear under oath to obtain citizenship for a child. Mothers were not subjected to the same requirement.

Changes to the U.S. immigration law in 1986 reduced the residency time of fathers to 5 years, only two of which must be after age 14. However, Flores-Villar was subjected to the law as it stood at his birth and has been fighting for his legal rights since being threatened with deportation in 2006.

Continue reading "California immigration officials monitor pending Supreme Court decision regarding U.S. birth fathers" »

Last Wednesday (the 24th), Senators Richard Lugar (R, Tennessee) and John Kerry (D, Massachusetts) introduced a bill to the U.S. Senate that would create a new visa category, EB-6, designed specifically for foreign entrepreneurs. The Startup Visa Act of 2010 would allow qualified business people to stay in the United States for two years. Applicants would have to meet the following conditions:

• Must raise $250,000 (minimum), $100,000 of which must come from venture capital or angel investors based in the United States.
• f the entrepreneur can create $1 million in revenue or secure $1 million in capitalization, he or she can achieve permanent resident status in the United States.
• The start up business must ultimately provide jobs for 10 people.

Hundreds of venture capitalists and angel investors from Silicon Valley to New York City have thrown their weight behind the legislation. These experts argue that attracting job creators to the U.S. would simultaneously pump energy into the economy and indirectly strengthen U.S. financial ties with other nations. That the bill has bipartisan sponsorship may bode well for it. It contains elements that appeal to both core Democrat and Republican constituencies. On the one hand, it is "immigrant friendly," so it may appeal to liberal groups; on the other hand, the bill seeks to reward entrepreneurial efforts; thus, it is in many ways in line with the Republican small government, pro-business ideology.

Continue reading "Could EB-6 Visas Be Coming Soon? New Senate Bill Would Create "Startup Visa" Category For Foreign Entrepreneurs" »

60-year old George Boley Sr. was arrested on January 15th in Buffalo, New York, after U.S. Immigration and Customs Enforcement officials figured out that the ex-Liberian had been a notorious figure in that country's civil war.

According to USCIS allegations, Boley had committed numerous war crimes in Liberia's recent civil war. Yet somehow, he entered the United States without documentation. He is currently being held at a federal detention facility on an array of charges -- he stands accused of gross civil and human rights violations. His case is scheduled for March 16th.

No doubt when undocumented foreign nationals living in the United States read about cases like Boley Sr.'s, their hearts sink a little bit. Prejudice against undocumented immigrants already abounds in the media. To be classified as in any way associated with a human-rights-violating warlord is unfair and damaging.

The good news is that undocumented immigrants can also point to happier success stories. For instance, we just blogged about an Oregon woman named Marion Pringle, who got her U.S. citizenship on her 104th birthday. We need to see more of these heartwarming stories in the press -- as opposed to dispiriting accounts like the case of George Boley Sr. -- to spread the message that undocumented foreign nationals are a diverse group.

Navigating the U.S. Immigration System is not easy -- even if you speak the language fluently and you qualify for a visa. The paperwork alone can daunt the most persistent applicants. The application process can make you feel like a rat in a maze. And the long wait times and clogged courts can make you question whether coming to this country is even a worthwhile endeavor, if this is the kind of government service that you'll come to enjoy.

Continue reading "Liberian Civil War Leader Faces Possible Deportation" »

FBI agents arrested two brothers last week for conspiring to steal green cards from Mexican nationals for the purpose of reselling them.

The two brothers, Antonio Sanchez Gonzalez and Vincente Sanchez Gonzalez, were booked on charges that included extortion, solicitation to commit burglary, unlawful use of a weapon, and first-degree conspiracy. The older brother Antonio (32) was remanded to federal custody after authorities learned that he was an undocumented immigrant. Vincente (24), meanwhile, got out of jail after posting $6,000 on a $60,000 bail.

Detectives were tipped off when a victim of the brothers' scheme complained to authorities two weeks ago. The FBI then followed the brothers and collected evidence that indicated they were planning to pilfer green cards and then sell them via an intermediary for $1,000 or $2,000 per card.

While green card robberies do occur with some frequency in the southern border states (Texas, Arizona, California); they rarely occur in northern states like Oregon. This case has worried some immigration officials, who fear the practice might be spreading.

According to law enforcement agents working on the case, including a sheriff's lieutenant named Erik Utter, the brothers' plot had grown rather sophisticated. They had already ID-ed a "coyote" that would take the stolen green cards and exchange them for cash. They had collected names of people they could target, and their conspiracy was hastening to its execution stage. More details on the attempted green card theft will emerge as the investigation continues.

The story underscores how valuable green cards can be to foreign immigrants. The process of obtaining green cards legally can be confusing, long, frustrating, and anxiety provoking. Moreover, without good legal guidance, qualified applicants can get turned down or can be forced to wait much longer than they should for responses.

Continue reading "Conspiracy to Rob Green Card Holders of Their IDs Busted Up by Oregon Law Enforcement Agents" »

Portland, Oregon resident Marion Pringle finally became a U.S. citizen last week at the ripe old age of 104. Pringle was born in 1906 in Canada. She moved to the United States as a little girl but never procured the documents necessary to claim citizenship.

Her long undocumented status finally came to an end last Tuesday, when USCIS officials gave in and anointed her a U.S. citizen. Ms. Pringle needed paperwork to renew her driver's license (yes, she is still driving at the age of 104!), but because she lacked proof of citizenship, the State of Oregon initially balked at the renewal. Her quest took her to the Oregon Historical Society, where she managed to prove through Census records that she should qualify as a citizen.

USCIS has a reputation for being slow -- but usually they work faster than a 100+ year turnaround. Nevertheless, this heartwarming tale shows that status changes can and do happen, if you have the persistence and patience (and help) to reach your goal.

Ms. Pringle's case is extraordinary. It would have been a huge PR gaff on the part of USCIS to deny her citizenship and/or try to deport her back to Canada. But what about the thousands of other undocumented immigrants who've been forced to wait extraordinary long amounts of time for responses from USCIS? Will they, too, have to wait until their 104th birthday before getting responses? Or can applicants get faster answers using a more proactive approach?

Obviously, every case is different. Immigration courts are notoriously overcrowded. The queue is not getting any shorter. And trying to force a positive response from the system often feels as if they are trying to shove a square peg into a round hole the size of a toothpick.

Continue reading "Centenarian Immigrant Finally Gets U.S. Citizenship -- At Age 104!" »