U.S. Cutsoms and Border Protection (CBP) within The Department of Homeland Security has started a pilot program called "Global Entry Program." By paying 100 dollars and going through a rigorous background check beforehand, a U.S. citizen, national, or permanent resident may go through immigration by scanning a passport/permanent resident card, providing a fignerprint, and filling out custom declaration form at a kiosk at major airports in the U.S. without waiting in line to be inspected by an immigration officer. For more information, please go to cbp.gov/xp/cgov/travel/trusted_traveler/gloabl_entry/.
The information provided above is not legal advice and receipt of the information does not establish an attorney-client relationship. For specific inquiries, please contact our office and schedule an appointment.
12/11/2009
12/04/2009
Beware of Immigration Fraud
Earlier this week, worldjournal.com published a news story about how a Chinese female attempted to get a green card by marriage sham but failed. According to the article, the lady agreed to pay her lawyer $30,000 for getting a green card through marriage sham. Later on the lawyer had sex with her. Then the "husband" demanded to have sex with her but she denied. To take revenge, the "husband" did not cooperate with the lady during the USCIS interview and her application was subsequently denied.
A few principles can be learned from this story, regardless of its truthfulness. First, an alien should never attempt to get a green card through any kind of fraud. Commiting immigration fraud is a criminal offense and can be penalized heavily if USCIS discovers that.
Second, a client should not feel threatened or pressured to have sex with a lawyer. Rule 1.8(j) of the American Bar Association's (ABA) Model Rules of Professional Conduct (2009 Edition) states that "[a] lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the attorney-client relationship commenced." Therefore, a lawyer is likely violating an ethical rule when he/she demands or uses any threat to have sex with a client. If you ever encounter such situaton, you have the right to file a complaint and report that to the bar association in which the lawyer belongs to.
Third, your attorney's fee should be reasonable. Rule 1.5(a) of the ABA's Model Rules of Professional Conduct (2009 Edition) states that "[a] lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses." Therefore, it is your right to compare the rates of different attorneys before deciding which one you would like to hire. Even after you hire an attorney, your attorney should not charge you for a fee that is unreasonably high.
Disclaimer: Information included in this post does not constitute as legal advice and receipt of this page does not establish an attorney-client relationship. For specific inquries, please call my office for an appointment.
A few principles can be learned from this story, regardless of its truthfulness. First, an alien should never attempt to get a green card through any kind of fraud. Commiting immigration fraud is a criminal offense and can be penalized heavily if USCIS discovers that.
Second, a client should not feel threatened or pressured to have sex with a lawyer. Rule 1.8(j) of the American Bar Association's (ABA) Model Rules of Professional Conduct (2009 Edition) states that "[a] lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the attorney-client relationship commenced." Therefore, a lawyer is likely violating an ethical rule when he/she demands or uses any threat to have sex with a client. If you ever encounter such situaton, you have the right to file a complaint and report that to the bar association in which the lawyer belongs to.
Third, your attorney's fee should be reasonable. Rule 1.5(a) of the ABA's Model Rules of Professional Conduct (2009 Edition) states that "[a] lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses." Therefore, it is your right to compare the rates of different attorneys before deciding which one you would like to hire. Even after you hire an attorney, your attorney should not charge you for a fee that is unreasonably high.
Disclaimer: Information included in this post does not constitute as legal advice and receipt of this page does not establish an attorney-client relationship. For specific inquries, please call my office for an appointment.
11/19/2009
Prematurely Approved I-485 排期未到的 I-485
While I was reading the news this morning, I came across an article at worldjournal.com. The article mentions that USCIS has mistakenly processed some I-485 applications that have not met their priority dates, and how those applicants may lose their green card because of the mistake.
This may be confusing to some green card applicants. First of all, not all green card applicants need to worry about the idea of priority date. For example, immediate relatives of U.S. citizens can concurrently file their I-130 and I-485. Another example is green card applicants who apply under a category of which visa numbers are current and they can apply for adjustment of status immediately after their I-140 is approved. In short, only those who apply for a green card but 1) are subject to the annual visa quota; and 2) no visa number is available immediately to them will be affected by the priority date.
However, if USCIS has approved your I-485 even though your priority date is not curent, it does not automatically mean it is a mistake. In September 2009, the Ammerican Immigrant Lawyers Association (AILA) released a practice pointer and suggested that in some instances USCIS had found, retained, and used a priority date that the immigrant and his/her representative were not aware of. See AILA InfoNet Doc. No. 09092467 (posted Sept. 24, 2009).
Therefore, if you think your I-485 is prematurely approved, contact an immigrant lawyer and have your lawyer file a liason inquiry with USCIS through AILA. That may save you some troubles in a long run and you will not need to worry about losing your green card.
P.S. If you can read Chinese and would like to read the entire article published by worldjournal.com, it can be found at:
上述世界新聞網的文章可在此連結找到：
http://www.worldjournal.com/pages/full_us/push?article-%E6%8E%92%E6%9C%9F%E6%9C%AA%E5%88%B0%E7%8D%B2%E7%B6%A0%E5%8D%A1+%E5%B0%87%E8%A2%AB%E6%94%B6%E5%9B%9E%20&id=4553185-%E6%8E%92%E6%9C%9F%E6%9C%AA%E5%88%B0%E7%8D%B2%E7%B6%A0%E5%8D%A1+%E5%B0%87%E8%A2%AB%E6%94%B6%E5%9B%9E&instance=usbull
This may be confusing to some green card applicants. First of all, not all green card applicants need to worry about the idea of priority date. For example, immediate relatives of U.S. citizens can concurrently file their I-130 and I-485. Another example is green card applicants who apply under a category of which visa numbers are current and they can apply for adjustment of status immediately after their I-140 is approved. In short, only those who apply for a green card but 1) are subject to the annual visa quota; and 2) no visa number is available immediately to them will be affected by the priority date.
However, if USCIS has approved your I-485 even though your priority date is not curent, it does not automatically mean it is a mistake. In September 2009, the Ammerican Immigrant Lawyers Association (AILA) released a practice pointer and suggested that in some instances USCIS had found, retained, and used a priority date that the immigrant and his/her representative were not aware of. See AILA InfoNet Doc. No. 09092467 (posted Sept. 24, 2009).
Therefore, if you think your I-485 is prematurely approved, contact an immigrant lawyer and have your lawyer file a liason inquiry with USCIS through AILA. That may save you some troubles in a long run and you will not need to worry about losing your green card.
Disclaimer: Information included in this post does not constitute as legal advice and receipt of this information does not establish an attorney-client relationship. For specific inquiries, please contact my office and schedule an appointment.
今天早上當我上網讀報的時候，讀到世界新聞網的一篇報導。報導提及移民局錯誤地審批一些優先日期未到的I-485申請，而這些獲得批准的申請人可能會被收回綠卡。
有些綠卡申請人可能不太明白什麼是優先日期。不是所有綠卡申請人都需要擔心優先日期的問題。舉例來說，美國公民的直屬親人可以同時遞交及I-130及I-485的申請。另外，如果工作綠卡的申請人的申請類別之簽證配額尚未用盡，那麼他們的I-140申請獲得批准後亦可馬上申請調整身份。換句話說，只有1)受到簽證配額限制及2)申請類別的簽證配額已經用盡的綠卡申請人才會受到優先日期的影響。
可是優先日期未到而獲得批准不一定代表移民局犯錯。美國移民律師協會在今年9月就曾經表示，移民局在某些案例中，找到及使用一個連申請人及他們的代表都不知道的優先日期！見AILA InfoNet Doc. No. 09092467 (posted Sept. 24, 2009).
所以，如果你收到優先日期未到而獲得批准的通知書，你應聯絡一位移民律師，請律師透過美國移民律師協會向移民局作出書面查詢。這樣可避免將來不少的煩惱及擔心失去綠卡。
以上資料僅供參考之用，並非法律意見。如有個別問題，請致電本人查詢。
P.S. If you can read Chinese and would like to read the entire article published by worldjournal.com, it can be found at:
上述世界新聞網的文章可在此連結找到：
http://www.worldjournal.com/pages/full_us/push?article-%E6%8E%92%E6%9C%9F%E6%9C%AA%E5%88%B0%E7%8D%B2%E7%B6%A0%E5%8D%A1+%E5%B0%87%E8%A2%AB%E6%94%B6%E5%9B%9E%20&id=4553185-%E6%8E%92%E6%9C%9F%E6%9C%AA%E5%88%B0%E7%8D%B2%E7%B6%A0%E5%8D%A1+%E5%B0%87%E8%A2%AB%E6%94%B6%E5%9B%9E&instance=usbull
11/17/2009
Should I Migrate to the United States? 我應該移民到美國嗎?
Before knowing how to get a visa and migrate to the United States, you should evaluate your situation carefully and decide whether moving to the U.S. is good for you and for your family.
First of all, money is important. Do you have the financial resources to go through the legnthy and expensive immigration process? Do you have the money to move to the U.S.? If you cannot find a job in the U.S. right after you come here, will you and your family be able to survive?
Second, can you speak English? You may be able to get by without knowing much English in some parts of the country, such as New York City and San Francisco, but it may be difficult for you to look for a job that you like if you cannot speak English. Also, if you cannot speak English, you may need to rely on others and become less self-reliant.
Third, what are your employment options? Will you be able to find a job that is similar to what you are doing in the U.S.? More importantly, will your education degrees be recognized here in the U.S.?
Fourth, do you have family ties and friends in the U.S.? Many immigrants find it difficult to live in the U.S. when they first arrive because they have no friend and family around.
Fifth, if you have young children, education is going to be a huge factor to consider. Do you want to send your children to public or private school? What are the options for your children?
Sixth, if you are prone to medical issues, insurance is definitely a huge factor to consider. Are you going to purchase health insurance? If not, will you be able to cover the medical bills on your own? Although Congress is debating a comprehensive health reform bill, do not count on it until it has become law.
The above factors are only some of the basic considerations. You really need to think and plan carefully before deciding to migrate to the U.S.!
Disclaimer: Information included in this post does not constitute as legal advice and receipt of this information does not establish an attorney-client relationship. For specific inquiries, please contact my office and schedule an appointment.
知道移民美國的方法之前，首先要考慮移民美國對你的家庭是否明智。
金錢是最重要的考慮因素。你有能力應付昂貴及漫長的移民程序嗎？你有經濟能力應付移居美國的費用，如機票、把家具寄到美國、購買新家具、汽車等嗎？如果抵達美國後不能夠馬上找到工作，你有方法提供家庭的需要嗎？
第二，你會說英語嗎？或許在美國某些地方你可能不懂英語都不會有太大問題，如紐約或舊金山﹝三藩市﹞，但不懂英語可能會成為找工作的障礙。而常常需要找其他人翻譯，也會令你失去自立的能力。
第三，找工作。你在美國會找到與你目前相約的工作嗎？你的學位在美國會被承認嗎？
第四，你在美國有朋友或家人嗎？沒有朋友或家人照應對很多新移民都是一件困難的事。
第五，如果你有小孩，教育是一項重要的考慮因素。你會把小孩送到公立或是私立的學校嗎？你打算搬到的地區學校網如何？
第六，如果你有醫療上的需要，你可以負擔嗎？你會否購買醫療保險？
以上只是一些基本要考量的因素。決定移民美國之前真的要想清楚！
以上資料僅供參考之用，並非法律意見。如有個別問題，請致電本人查詢。
First of all, money is important. Do you have the financial resources to go through the legnthy and expensive immigration process? Do you have the money to move to the U.S.? If you cannot find a job in the U.S. right after you come here, will you and your family be able to survive?
Second, can you speak English? You may be able to get by without knowing much English in some parts of the country, such as New York City and San Francisco, but it may be difficult for you to look for a job that you like if you cannot speak English. Also, if you cannot speak English, you may need to rely on others and become less self-reliant.
Third, what are your employment options? Will you be able to find a job that is similar to what you are doing in the U.S.? More importantly, will your education degrees be recognized here in the U.S.?
Fourth, do you have family ties and friends in the U.S.? Many immigrants find it difficult to live in the U.S. when they first arrive because they have no friend and family around.
Fifth, if you have young children, education is going to be a huge factor to consider. Do you want to send your children to public or private school? What are the options for your children?
Sixth, if you are prone to medical issues, insurance is definitely a huge factor to consider. Are you going to purchase health insurance? If not, will you be able to cover the medical bills on your own? Although Congress is debating a comprehensive health reform bill, do not count on it until it has become law.
The above factors are only some of the basic considerations. You really need to think and plan carefully before deciding to migrate to the U.S.!
Disclaimer: Information included in this post does not constitute as legal advice and receipt of this information does not establish an attorney-client relationship. For specific inquiries, please contact my office and schedule an appointment.
知道移民美國的方法之前，首先要考慮移民美國對你的家庭是否明智。
金錢是最重要的考慮因素。你有能力應付昂貴及漫長的移民程序嗎？你有經濟能力應付移居美國的費用，如機票、把家具寄到美國、購買新家具、汽車等嗎？如果抵達美國後不能夠馬上找到工作，你有方法提供家庭的需要嗎？
第二，你會說英語嗎？或許在美國某些地方你可能不懂英語都不會有太大問題，如紐約或舊金山﹝三藩市﹞，但不懂英語可能會成為找工作的障礙。而常常需要找其他人翻譯，也會令你失去自立的能力。
第三，找工作。你在美國會找到與你目前相約的工作嗎？你的學位在美國會被承認嗎？
第四，你在美國有朋友或家人嗎？沒有朋友或家人照應對很多新移民都是一件困難的事。
第五，如果你有小孩，教育是一項重要的考慮因素。你會把小孩送到公立或是私立的學校嗎？你打算搬到的地區學校網如何？
第六，如果你有醫療上的需要，你可以負擔嗎？你會否購買醫療保險？
以上只是一些基本要考量的因素。決定移民美國之前真的要想清楚！
以上資料僅供參考之用，並非法律意見。如有個別問題，請致電本人查詢。
11/13/2009
Comprehensive Immigration Reform in 2010?
Homeland Security Secretary Janet Napolitano today said that the Obama Administration would start pushing comprehensive immigration reform to overhaul the current system in 2010. She also mentioned that the reform would be three-prong: 1) punishing illegal alien and those who hire them; 2) streamlining the system for legal immigration; and 3) providing a path to those who are already here illegally a path to citizenship.
The second prong is definitely the key: the path to legal immigration needs to be fast, simple, and affordable. I know many people who overstay their visa or work in the U.S. illegally while they are waiting for a visa number to be available. If the path to legal immigration is fast enough, these people will not become illegal immigrants at the first place.
國土安全局局長納波妮撘諾今天表示，歐巴馬政府將在2010年推動全面的移民法例改革。她強調改革會分三方面，包括1)嚴打非法移民及聛用他們的僱主；2)簡化合法移民的程序；及3)提供已經在美的非法移民調整身份成為公民的方法。
第二點是全個計畫的核心：合法移民的程序應該簡單、快捷、收費亦應該合理。很多逾期居留的人其實都只是在等待移民配額。快捷的移民程序可以避免這些人成為非法移民。
The second prong is definitely the key: the path to legal immigration needs to be fast, simple, and affordable. I know many people who overstay their visa or work in the U.S. illegally while they are waiting for a visa number to be available. If the path to legal immigration is fast enough, these people will not become illegal immigrants at the first place.
國土安全局局長納波妮撘諾今天表示，歐巴馬政府將在2010年推動全面的移民法例改革。她強調改革會分三方面，包括1)嚴打非法移民及聛用他們的僱主；2)簡化合法移民的程序；及3)提供已經在美的非法移民調整身份成為公民的方法。
第二點是全個計畫的核心：合法移民的程序應該簡單、快捷、收費亦應該合理。很多逾期居留的人其實都只是在等待移民配額。快捷的移民程序可以避免這些人成為非法移民。
9/10/2009
Mentally-illed Detainees
The New York Times published an interesting article today:
http://www.nytimes.com/2009/09/11/nyregion/11mental.html?hpw
I think our immigration system should treat detainees with dignity. I understand our immigration judges have many cases to handle a year, and it is perhaps difficult for them to examine the detainees too carefully. I understand that the government may have examined the mental capacity of the detainees when they are first arrested. However, what if a detainee has developed mental illness when he/she is detained? Should there be someway to access the mental capacity of a detainee before a deportation proceeding? I think the answer should be "yes."
http://www.nytimes.com/2009/09/11/nyregion/11mental.html?hpw
I think our immigration system should treat detainees with dignity. I understand our immigration judges have many cases to handle a year, and it is perhaps difficult for them to examine the detainees too carefully. I understand that the government may have examined the mental capacity of the detainees when they are first arrested. However, what if a detainee has developed mental illness when he/she is detained? Should there be someway to access the mental capacity of a detainee before a deportation proceeding? I think the answer should be "yes."
7/08/2009
6/29/2009
Objective of My Blog
Welcome! I would like to use this blog to comment on the latest trend and development of U.S. immigration law.
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