Month: March 2020

Categories
Updates

U.S. Embassy in the Philippines Update

Share this:

As a precautionary measure to assist in limiting the spread of COVID-19, U.S. Embassy in the Philippines is cancelling all routine immigrant and nonimmigrant visa appointments and notarial services pending further notice.

All applicants should monitor their email for appointment updates. The American Citizen Services Unit will continue to serve U.S. citizens, except for notarial services, which have also been postponed pending further notice.

For emergencies involving U.S. citizens, contact ACSinfoManila@state.gov.

For updates on U.S. Embassy operations and consular services, keep following @USEmbassyPH on Facebook and Twitter or send an email to the Consular Section at:

  • For U.S. citizen assistance or emergency: ACSinfoManila@state.gov
  • For Immigrant Visas (family, employment, and fiancé(e) visas): IVManilaReplies@state.gov
  • For Nonimmigrant Visas (tourist, business, and student visas): CONSManilaNIV@state.gov
  • U.S. Embassy Hotline: +(632) 5301-2000
Categories
Updates

USCIS/ICE/Immigration Courts in the SF Bay Area Updates

Share this:

Do You Have a Scheduled Hearing or Interview at the USCIS or Immigration Court in San Francisco?

See updated information below:

USCIS- San Francisco & San Jose
Interviews scheduled for March 17 through April 6 are cancelled. Officers are attempting to contact all scheduled interviewees to inform them of rescheduling. Most likely new interview dates will be for late May to June. Naturalization applicants with approved N400 and those scheduled for Oath taking on March 18 and March 25 will have their oath taking ceremony rescheduled to a later date.

USCIS- Fresno
Interviews are cancelled beginning March 18 at this USCIS office. All interviewees will receive rescheduled dates for their interviews.

You can also contact the USCIS through your online account or by calling the USCIS customer service number: Dial 800-375-5283 (for people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833) to access automated information through an interactive menu 24 hours a day, seven days a week. If you are outside the United States or a U.S. territory, you can call 212-620-3418.

Biometrics ASCs:
Application Support Centers: Starting tomorrow, all six Bay Area ASCs are closed: San Jose, San Francisco, Fresno, Santa Rosa, Oakland and Salinas.

Immigration Courts:
If you have a master hearing (not individual hearing) please note that Master Calendar Hearings with schedule from March 16 through April 10 are postponed. Usual operations remain open specifically for filings except for Seattle.

ICE :
If you are required to do regular reporting before the ERO-ICE, note that the San Francisco ICE located at 630 Sansome Street remains open. But if anyone has a question about reporting, they should utilize the inquiry mailbox SFR-ERO-INQUIRIES@ICE.DHS.GOV to reschedule.

For questions about immigration matters or if you need legal representation or assistance, please contact our office at 1 888 930 0808 or email us at law@tancinco.com, or visit our website at tancinco.weareph.com/old.

Categories
Updates

Service Advisory during COVID-19 Crisis

Share this:

Note: This advisory has been updated as of April 1, 2020. Please see here to view latest advisory.

The welfare, health and safety of our clients, staff and attorneys are our top priority during this COVID-19 pandemic and we are in compliance with all the safety directives of the local and federal government.

As of March 17, 2020, and in accord with the San Francisco Bay Area Shelter-in-Place Policy, Tancinco Law will remain OPEN but will operate online, telephonically or through video conference. All “in-persons” consultations will be canceled at least until April 7, 2020.

Our staff and attorneys are committed and will continue to work and we will do all we can to assist existing and future clients. We continue to serve you on your legal needs especially for those with time-sensitive issues.

To communicate with us or schedule a telephonic or video conference we encourage you to call 1 888 930 0808 or 1 800 999 9096 or email us at law@tancinco.com. You can also visit our website at tancinco.weareph.com/old to schedule a telephonic and/or video conference.

Should you need to send us documents/written correspondence, we encourage you to upload your documents and email to us at law@tancinco.com. Should it become necessary to mail us the physical documents, please do call us at our phone numbers above and, depending on who the recipient is, we will give you a temporary mailing address where the physical documents can be mailed to. We encourage you to use a courier where there is tracking and confirmation of delivery.

The impact of the coronavirus (COVID-19) has been devastating for all of us and our families. But we are all in this together. Through our company website and social media postings, will continue to provide you with the latest update on the impact of COVID-19 as it relates to our immigrant community. We hope and pray that you all stay healthy and safe during this public health emergency.

Categories
Updates

Overcoming “Break in Continuity of Residence” for Citizenship Purposes

Share this:

Arnel, a Filipino national, is a lawful permanent resident. He arrived in the United States in 2003 and resided with his U.S. citizen spouse. Arnel has substantial business ties in the Philippines and travels to Manila at least 3 times in a year but only for 2 months in duration. In 2018, he stayed for 9 months in Manila to attend to his business that was encountering some financial issues. Last year, Arnel decided to file for his naturalization to become a U.S. citizen. He was recently called for the interview last month February 2020. The USCIS officer informed Arnel that he was not eligible to become a U.S. citizen. He was told that he spent more than 6 months in the Philippines and so he broke the continuity of his residence for purposes of citizenship. Was the finding of ineligibility accurate?

The Physical Presence Rule

Applicants for naturalization must demonstrate that they have been physically present in the United States for more than half of the required time (three years for those married to and residing with a U.S. citizen and five years for all others). In addition, pursuant to Section 316(b) of the Immigration and Nationality Act, applicants must demonstrate that they have continuously resided in the United States, or put another way, have not abandoned their residence (since such a finding is often the outcome of a naturalization case denied for such reasons).

Breaks in Continuous Residence

There are 2 ways outlined in which the continuity of residence is broken. First is absence for more than 6 months but less than 1 years. The second one is absence for more than 1 year or more.

To be able to continue counting the residence for purposes of naturalization, the applicant must show continuity. Oftentimes, green card holders are not aware and are under the false belief that if they stay for more than 6 months outside the U.S. they may still consider this as continued residence.

On February 26, 2020, USCIS released a policy clarification on this issue, the highlights of which states that (1) an applicant absent from the United States during the statutory period for more than 6 months but less than 1 year, must overcome the presumption that the continuity of residence has been broken in order to remain eligible for naturalization and (2) clarifies that an applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence; the requisite duration of that period depends on the basis upon which the applicant seeks to naturalize.

Overcoming the Presumption For Continued Eligibility

An applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence: (1) The applicant did not terminate his or her employment in the United States or obtain employment while abroad; or (2) The applicant’s immediate family members remained in the United States; and/or (3) The applicant retained full access to or continued to own or lease a home in the United States.

In the case of Arnel, the USCIS officer was correct in stating that he broke the continuity of his residence unless contrary evidence is submitted by Arnel. Evidence such as his regular and continued employment in the U.S., ownership of his home and residence of his immediate family in the United States will be helpful in overcoming the presumption. If the USCIS officer accepts his evidence and is convinced that there is continuity of evidence, then Arnel may be approved for his U.S. citizenship.

(Atty. Lourdes S. Tancinco is an immigrant advocate and legal counsel based in San Francisco CA. She is the principal and co-founder of Tancinco Law Offices and may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook/tancincolaw, or at 1-888-930-0808)

Categories
Updates

Coronavirus and its Impact on U.S. Travelers

Share this:

President Trump has issued a proclamation which contains measures intended to control and limit the entry of individuals potentially exposed to the coronavirus (COVID-19).

Travel Ban

 

Certain immigrants and non-immigrants are banned from entering the United States. This include those who were physically present within China, excluding Hong Kong and Macau, 14 days prior to their entry or attempted entry into the United States. The ban became effective at 5:00 pm (ET) on Sunday, February 2, 2020.

On February 29, 2020 the travel ban also extended to any non citizen who has visited Iran within the last 14 days.

On March 11, 2020, Trump added 26 more to the list of European countries subject to the travel ban.These countries are on the Schengen Area and comprises the following European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Avoid Non-essential Travels

The Centers for Disease Control and Prevention upped its travel alerts for Italy and Iran yesterday to the highest level, Level 3, which means avoid all non-essential travel. The State Department also increased its warning advising Americans not to travel to certain regions of Italy and South Korea affected by the virus.

Mandatory Self Quarantine

U.S. citizens who are traveling from the enumerated European countries and those traveling to the Hubei province in China within 14 days of arriving to the United States will be subject to up to 14 days of mandatory quarantine. Returning U.S. citizens who had visited other parts of China, outside of Hong Kong, Macau, and the Hubei province, will be subject to monitoring at certain ports of entry, and potentially self-quarantine at home. With the recent advisory it is believed that travelers from Iran may also be subject to mandatory self quarantine.

Individuals Exempt from the Travel Ban (But Not from Mandatory Self Quarantine)

The Proclamation clarifies that it does not impact an individual’s eligibility for asylum, withholding of removal, or protection under the UN Convention against Torture (UNCAT). In addition to U.S. Citizens, the Proclamation does not apply to the following individuals:

  1. Lawful permanent residents of the United States;
  2. Spouses of a U.S. citizen or lawful permanent resident;
  3. Parents or legal guardians of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
  4. Siblings of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
  5. Children, foster children, or wards of a U.S. citizen or lawful permanent resident, or prospective adoptees seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
  6. Foreign nationals traveling to the United States at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
  7. Nonimmigrants under section 101(a)(15)(C) or (D) of the INA, 8 U.S.C. 1101(a)(15)(C) or (D), as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
  8. Nonimmigrants on an A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa;
  9. Foreign nationals whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the CDC Director, or his designee;
  10. Foreign nationals whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees based on a recommendation of the Attorney General or his designee; or
  11. Foreign nationals whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

Please bookmark this page and refer to it from time to time for any updates on this ongoing global crisis. 

Categories
Updates

Are You At Risk of Being Stripped of Your U.S. Citizenship?

Share this:

Creation of Stand Alone Denaturalization Section Under the DOJ May Trigger More Revocation of U.S. Citizenship

On February 26,2020, the Department of Justice announced the creation of its Denaturalization Section dedicated to investigating and litigating revocation of naturalization. The newly created stand alone section will join the existing sections within the Civil Division’s Office of Immigration Litigation—the District Court Section and the Appellate Section. This move underscores the Department’s commitment to bring justice to terrorists, war criminals, sex offenders, and other fraudsters who illegally obtained naturalization.

This move follows the creation of Denaturalization Task Force within the U.S.Citizenship and Immigration Services in 2018 indicating the policy trend of the administration running not only after the undocumented immigrants but also after American citizens.

As may be read from the DOJ’s press release, Assistant Attorney General Jody Hunt emphasized the main reason for the creation of the denaturalization section: “When a terrorist or sex offender becomes a U.S. citizen under false pretenses, it is an affront to our system—and it is especially offensive to those who fall victim to these criminals. The Denaturalization Section will further the Department’s efforts to pursue those who unlawfully obtained citizenship status and ensure that they are held accountable for their fraudulent conduct.”

Denaturalization may be found in Section 340 of the Immigration and Nationality Act. There are only certain legal basis to denaturalize an individual and this is initiated by the government through the federal district courts. In the past it was seldom utilized except in extreme cases like in denaturalization of former Nazis who lied about their past who illegally procured naturalization.

Those who are most likely to be affected by the administration’s effort to strip U.S. citizenship from naturalized citizens may be divided mainly into 3 categories. These are immigrants who procured their citizenship illegally because of the presence of:

  1. Prior criminal conviction that was concealed: Those who concealed their criminal convictions on their naturalization applications and their criminal cases are grounds for removal may have their cases referred for naturalization. Note that criminal charges or convictions must have occured before and during the naturalization process.
  2. Prior removal cases and assumed identities: Ten (10) years ago, the U.S. government discovered hundreds of individuals who had prior deportation orders and who used different names in their green card and naturalization applications. These cases are now being investigated and may be re-opened for denaturalization.
  3. Material fraud and misrepresentation. This refers to those who lied in obtaining their green cards through fraud and misrepresentation. The lie must have a relation to the eligibility for green card or naturalization to be a basis for denaturalization.

Once an immigrant is identified for investigation by USCIS for purposes of denaturalization, the matter will be referred to the Department of Justice’s Denaturalization Section under the Office of Immigration Litigation and the Assistant U.S. Attorney. Thereafter, the case will be filed with the federal district court having jurisdiction over the residence of the immigrant being stripped of citizenship. When the case is filed with the court the naturalized U.S. citizen may present evidence to avoid denaturalization. Note that this is a judicial process and only a federal judge may strip one of U.S. citizenship. There is a due process involved and a right to a hearing. If a citizen is denaturalized, most probably this individual will be put in removal proceedings. Whether or not he will be deported depends on available relief or waivers.

Naturalized U.S. citizens must now realize that they no longer have a sense of permanence when it comes to their immigration status. If you believe that you fall into any of the category of those who might be affected by this denaturalization effort of USCIS, it will be best to revisit and re-examine your naturalization application, and have your case assessed by competent legal counsel. And, if there is a possibility of denaturalization, prepare yourself to defend yourself in the federal court and, in the worse case scenario, explore applicable waivers or defenses to avoid removal.

(Atty. Lourdes Santos Tancinco, Esq. is a San Francisco based immigration attorney and an immigrant rights advocate. She may be reached at 1 888 930 0808, law@tancinco.com, facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)