OC Immigration Attorney

Department of Homeland Security (“DHS”) Secretary Janet Napolitano conducted a closed-door session with representatives of several industries and advocacy groups that are typically impacted by immigration. This was the first time DHS Secretary Napolitano has held such a meeting. Monday’s “listening session” included immigration advocates, state officials, labor unions, law enforcement officers, business leaders and representatives of farm workers among others. The meeting was closed to the public including the media. The secretary is expected to hold similar meetings around the country in the future.

A Huntington Beach client who applied for a green card through his marriage to US Citizen just received his employment authorization. Although the green card application (I-485) is still pending and will not be decided for several more months, he will be able to work legally in the United States with his employment authorization.

If you are married to a US Citizen and are seeking a green card, contact The Nunez Firm to schedule a free and confidential consultation. Managing Attorney Jay Nunez will thoroughly explain your options and chances for success so that you and your family can decide which course of action is best for you.

The most recent figures in a Pew Research Center survey shows 63% of Americans support a path to citizenship for illegal immigrants in the United States as long as they pass background checks, pay fines and have a job. Last fall only 58% favored such immigration reform.

The demography of the U.S. electorate is changing as well. Nationally, the Latino population comprises 15% of the population, up from 12% in 2000. With 46 million Hispanics, the group is a rising political power.

President Obama recently held a White House meeting on immigration and Sen. Charles M. Schumer (D-N.Y.) is talking about the principles for comprehensive immigration reform, a signal that they are serious about starting the congressional debate on reforming the nation’s laws.

Client from Irvine has green card approved based on marriage to US Citizen. The client is originally from Iran and entered on a student visa several years ago. While living in Orange County and studying at UC Irvine, he met his wife and the couple married less than a year later. She petitioned for him to become a lawful permanent resident with a green card. This week, the I-130 visa petition and I-485 were approved along with the other necessary forms. Now, the couple is living in Irvine, California. They are expecting their first child together in October.

Generally if an alien marries a US Citizen, s/he is eligible to become a lawful permanent resident. The alien must have entered the United States legally in order to adjust status and obtain a green card without leaving the country to consular process. If the alien entered the United States legally, s/he can generally become a lawful permanent resident under INA 245 without leaving the United States. Exceptions include a significant criminal record, entry as a K-1 visaholder, or entry as a foreign national crewman among others. The petitioner must be financially able to sponsor the beneficiary spouse. If the petitioner’s income does not qualify, a joint sponsor must be available.

The adjustment of status process can be complicated in some cases, and it is best to consult with an experienced immigration attorney before proceeding. The Nunez Firm has helped countless couples petition and obtain green cards after marriage. Contact The Nunez Firm today to schedule a free and confidential consultation.

Anti-immigrant activists are pushing for a California ballot initiative to end public benefits for illegal immigrants, cut off welfare payments for their children and impose new rules for birth certificates.

Although the 14th Amendment clearly states that all persons born in the United States, and subject to the jurisdiction thereof, are United States Citizens, backers of the ballot measure argue that the illegal immigrant parents are not “subject to the jurisdiction thereof.”

I will have to read more about the anti-immigrant groups’ legal arguments, but it would seem that the ballot measure is unconstitutional. First, the 14th Amendment refers to persons born in the United States; it says nothing about whether the parents must be subject to the jurisdiction of the U.S. Second, illegal immigrants are subject to the jurisdiction of the United States despite their illegal immigration status. They can be sued. They can be tried and convicted in criminal courts. The reference to jurisdiction in the 14th Amendment clearly applies to children of foreign diplomats, who are immune from U.S. jurisdiction. These children are considered citizens of their parents’ home countries despite being born in the United States.

Even if this measure passes, I suspect it will be struck down by the federal courts.

My client from Newport Beach recently found out that the I-129F he filed for his fiance in Colombia was approved by United States Citizenship and Immigration Services (USCIS). The California Service Center for USCIS notified us of the approval earlier this week.

He has been dating his fiance since 2007, and the couple got engaged in 2008. We filed the I-129F early this year along with all the necessary forms and evidence. The next step is to have the fiancee attend the consular interview in Colombia. As of right now the interview is not yet scheduled. USCIS must transfer the file to the National Visa Center in Washington DC. Then, the National Visa Center will forward the file to the Department of State at the Colombian Consulate. This process will likely take several more months. Hopefully, my clients will be reunited in Newport Beach by the end of the year.

If you are considering the K-1 fiance visa process, The Nunez Firm can help you. Managing attorney Jay Nunez has helped many clients obtain permanent resident status through the fiance visa and adjustment of status process. Please contact The Nunez Firm to schedule a free and confidential consultation.

A telephone survey of high school students in Arizona by the Goldwater Institute found that a depressing few could pass the U.S. citizenship and naturalization test that immigrants take in order to become naturalized U.S. citizens.

The Goldwater Institute surveyed 1,350 high school students by telephone and asked 10 basic questions from the United States Citizenship and Immigration Services test — including “What is the supreme law of the land?” and “Who is in charge of the executive branch?”
Fewer than 4% of public school students answered enough questions correctly to pass the test.

HERE ARE SOME OTHER SAMPLE QUESTIONS USED ON THE NATURALIZATION TEST:

A. Principles of American Democracy

1. What is the supreme law of the land?

A: The Constitution

2. What does the Constitution do?

A: sets up the government
A: defines the government
A: protects basic rights of Americans

3. The idea of self-government is in the first three words of the Constitution. What are these words?

A: We the People

4. What is an amendment?

A: a change (to the Constitution)
A: an addition (to the Constitution)

5. What do we call the first ten amendments to the Constitution?

A: The Bill of Rights

6. What is one right or freedom from the First Amendment?*

A: speech
A: religion
A: assembly
A: press
A: petition the government

7. How many amendments does the Constitution have?

A: twenty-seven (27)

8. What did the Declaration of Independence do?

A: announced our independence (from Great Britain)
A: declared our independence (from Great Britain)
A: said that the United States is free (from Great Britain)

9. What are two rights in the Declaration of Independence?

A: life
A: liberty
A: pursuit of happiness

10. What is freedom of religion?

A: You can practice any religion, or not practice a religion.

11. What is the economic system in the United States?*

A: capitalist economy
A: market economy

12. What is the “rule of law”?

A: Everyone must follow the law.
A: Leaders must obey the law.
A: Government must obey the law.
A: No one is above the law.

B. System of Government

13. Name one branch or part of the government.*

A: Congress
A: legislative
A: President
A: executive
A: the courts
A: judicial

14. What stops one branch of government from becoming too powerful?

A: checks and balances
A: separation of powers

15. Who is in charge of the executive branch?

A: the President

16. Who makes federal laws?

A: Congress
A: Senate and House (of Representatives)
A: (U.S. or national) legislature

17. What are the two parts of the U.S. Congress?*

A: the Senate and House (of Representatives)

18. How many U.S. Senators are there?

A: one hundred (100)

19. We elect a U.S. Senator for how many years?

A: six (6)

20. Who is one of your state’s U.S. Senators?*

A: Answers will vary. [For District of Columbia residents and residents of U.S. territories, the answer is that D.C. (or the territory where the applicant lives) has no U.S. Senators.]

* If you are 65 years old or older and have been a legal permanent resident of the United States for 20 or more years, you may study just the questions that have been marked with an asterisk.

21. The House of Representatives has how many voting members?

A: four hundred thirty-five (435)

22. We elect a U.S. Representative for how many years?

A: two (2)

23. Name your U.S. Representative.

A: Answers will vary. [Residents of territories with nonvoting Delegates or resident Commissioners may provide the name of that Delegate or Commissioner. Also acceptable is any statement that the territory has no (voting) Representatives in Congress.]

24. Who does a U.S. Senator represent?

A: all people of the state

25. Why do some states have more Representatives than other states?

A: (because of) the state’s population
A: (because) they have more people
A: (because) some states have more people

26. We elect a President for how many years?

A: four (4)

27. In what month do we vote for President?*

A: November

28. What is the name of the President of the United States now?*

A: Barack Obama

29. What is the name of the Vice President of the United States now?

A: Joe Biden

30. If the President can no longer serve, who becomes President?

A: the Vice President

31. If both the President and the Vice President can no longer serve, who becomes President?

A: the Speaker of the House

32. Who is the Commander in Chief of the military?

A: the President

33. Who signs bills to become laws?

A: the President

34. Who vetoes bills?

A: the President

35. What does the President’s Cabinet do?

A: advises the President

36. What are two Cabinet-level positions?

A: Secretary of Agriculture
A: Secretary of Commerce
A: Secretary of Defense
A: Secretary of Education
A: Secretary of Energy
A: Secretary of Health and Human Services
A: Secretary of Homeland Security
A: Secretary of Housing and Urban Development
A: Secretary of Interior
A: Secretary of State
A: Secretary of Transportation
A: Secretary of Treasury
A: Secretary of Veterans’ Affairs
A: Secretary of Labor
A: Attorney General

37. does the judicial branch do?

A: reviews laws
A: explains laws
A: resolves disputes (disagreements)
A: decides if a law goes against the Constitution

38. What is the highest court in the United States?

A: the Supreme Court

39. How many justices are on the Supreme Court?

A: nine (9)

40. Who is the Chief Justice of the United States?

A: John Roberts (John G. Roberts, Jr.)

41. Under our Constitution, some powers belong to the federal government. What is one power of the federal government?

A: to print money
A: to declare war
A: to create an army
A: to make treaties

42. Under our Constitution, some powers belong to the states. What is one power of the states?

A: provide schooling and education
A: provide protection (police)
A: provide safety (fire departments)
A: give a driver’s license
A: approve zoning and land use

43. Who is the Governor of your state?

A: Answers will vary. [Residents of the District of Columbia and U.S. territories without a Governor should say "we don't have a Governor."]

44. What is the capital of your state?

A: Answers will vary. [District of Columbia residents should answer that D.C. is not a state and does not have a capital. Residents of U.S. territories should name the capital of the territory.]

45. What are the two major political parties in the United States?

A: Democratic and Republican

46. What is the political party of the President now?

A: Democrat (Party)

47. What is the name of the Speaker of the House of Representatives now?

A: (Nancy) Pelosi

Immigration Judge Anna Ho has drawn the ired of the Ninth Circuit once again. The Ninth Circuit Court of Appeal stated that the respondent in Shi v. Holder was “denied a full and fair hearing due to the IJ’s obvious bias. Throughout the hearing, IJ Anna Ho badgered Shi with loaded, pejorative questions and effectively abandoned her role as a neutral fact finder.”

This is not the first time Judge Ho has been reprimanded by the Ninth Circuit. In Rivera v. Ashcroft, Immigration Judge Anna Ho deported a US Citizen to Mexico after the man presented his birth certificate to the court proving he was born in the United States. The Ninth Circuit condemned Judge Ho for failing to act “as an impartial judge but rather as a prosecutor anxious to pick holes in the petitioner’s story.”

Immigration Judge Ho has drawn attention by the US Department of Justice as well. She was the subject of an investigation in approximately 2006, after then Attorney General announced that he was trying to rid immigration courts of abusive and intemperate immigration judges. IJ Ho told a female respondent, whose husband had recently died, that she had 120 days to remarry a US citizen or be prepared to leave the United States.

If you have received a Notice to Appear and are in deportation proceedings, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez can help you understand your options in trying to avoid deportation.

American Apparel, Inc. announced that the company received notice from U.S. Immigration and Customs Enforcement (“ICE”) that ICE was unable to verify the employment eligibility of approximately 200 current American Apparel employees due to discrepancies in the employees’ records. Additionally, ICE notified the Company that approximately 1,600 other current employees (out of the company’s 5,600 manufacturing employees) do not appear to be authorized to work in the United States.

Unless these employees are able to resolve the discrepancies with their immigration status, or present valid identification and employment authorization documents that are verified by ICE, such employees cannot continue their employment at the Company.

“Many of these employees, some of whom have worked at American Apparel for as long as a decade, have been responsible, hard-working employees who have made significant contributions to the Company’s growth and success,” said Dov Charney, CEO of American Apparel. “As a company that prides itself on being one of the last major apparel manufacturers still making clothing in the United States, at a ‘sweatshop free’ factory where we pay our garment workers some of the highest wages in the industry, it is the Company’s hope—and my personal hope as an immigrant myself—that these employees are able to confirm their work authorization so that they may continue to work at American Apparel. The Company remains very proud of its track record as an advocate for the comprehensive reform of the country’s immigration laws.”

Peter Schey, an attorney who has been representing American Apparel in ICE’s I-9 inspection, noted: “Unfortunately, companies like American Apparel do not have access to the government’s files that establish whether individuals are legally authorized to work in the United States, nor have they historically had access to reliable methods to discern the authenticity of identification documents presented by job applicants. Given the large number of people who are believed to reside in the United States without proper documentation, estimated by some to be as high as 12 million, a review of I-9 documents of any manufacturing or service business in areas with large immigrant communities would likely disclose a significant number of workers who used invalid documents to gain employment, regardless of an employer’s compliance with I-9 laws and rules.”

According to the Center for American Progress, the US Immigration System is in crisis, and the United States has three options for fixing the problem. First, preserve the status quo (no lawmakers have supported this idea). Second, drive millions of workers and families out of our communities, which could cost over $41 billion annually. Third, embrace tough but fair practical solutions.

CAP suggests that Congress and the President use five principles to guide them as they attempt to reform the country’s immigration system.

1. Resolve the status of undocumented aliens: Undocumented aliens should pay back taxes, pay a penalty, and have extensive background checks.

2. Enhance legal immigration channels and labor mobility: Globalization has made it increasingly more efficient to move capital, goods and services across borders; however, legal channels facilitating movement of workers has not kept pace.

3. Protect US workers: Bringing undocumented workers out of the shadows protects all workers. Employers cannot take advantage of undocumented workers by paying substandard wages.

4. Foster an inclusive American identity: The US government should encourage naturalization and civic participation.

5. Adopt smart enforcement policies and safeguards: The budget for Customs and Border Patrol has quintupled since 1993 while the number of undocumented aliens has tripled during the same time period. Militarization of the border does not work.