Alano Immigration

Biden preparing to offer legal status to undocumented immigrants who have lived in U.S. for 10 years

2024-06-17T23:16:54Z

The Biden Administration is expected to announce a new immigration policy for spouses of U.S. citizens as early as tomorrow. It is potentially a Parole-in-Place. The program would offer work permits and deportation protections to unauthorized immigrants married to U.S. citizens, as long as they have lived in the U.S. for at least 10 years. It would also open up a pathway to permanent legal status and U.S. citizenship for some beneficiaries by removing an obstacle in U.S. law that prevents those who entered the U.S. without inspection or documentation from obtaining green cards without leaving the country. Please contact me to set up an appointment to discuss your eligibility under this program and so that I can provide a strategy and assistance for you.

Grace Alano selected to Super Lawyers list

2024-03-13T11:47:08Z

Grace R. Alano has been selected to the 2019 California Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

Welcome To My New Blog

2024-03-13T11:47:26Z

Welcome to my new site and blog. The blog posts below have been migrated from my former website and are undated archival posts. Please check back in to read new posts on immigration law and trends that may affect your immigration goals and needs.

Potrero Hill Festival

2024-02-28T16:16:54Z

Good times were had by all at last month’s Potrero Hill Festival in San Francisco. It was the first time I had a booth anywhere. Normally, I give talks or volunteer at events. I shared the space with my friend Rocio Guzman of Aesthetica Spa (she’s a fantastic aesthetician, by the way). I think we confused one woman, who thought maybe she could get made over while becoming a citizen! People were so great, either meeting me to inquire about my services, or offering sympathy for the U.S. refugees (women and children) who are being held at detention centers in the Southwest. Fortuitously, when I stepped into the Potrero Hill branch of the Public Library near the booth, I found a photo of a certificate of residence for a Chinese woman from 1892! Check it out. It made me a bit sentimental, as she could look like anyone today. I had also never seen a certificate of residence before. Now, the government issues permanent resident cards, also known as green cards. I’m looking forward to participating in more of these events!

By Grace Alano. Grace Alano is an immigration lawyer at Alano Immigration in San Francisco, CA. Find Grace Alano on Google+

My Appearance on “Your Legal Rights” Radio Show

2024-02-29T15:45:26Z

I was recently a guest on Chuck Finney’s radio show, “Your Legal Rights,” on San Francisco station KALW. Mr. Finney is the Deputy District Attorney for San Mateo. He has a weekly radio show with various legal topics. Our week’s topic was an update of immigration laws and issues. Other guests included J. Antonio “Tony” Nierras, who also practices immigration, and Adam Gasner, who practices criminal law. Mr. Nierras and I are certified specialists in Immigration and Nationality Law. Mr. Gasner is a certified specialist in Criminal Law. Listeners called in with questions. It was also the monthly Call-A-Lawyer night at the station. It was a great experience being on the show and speaking with the listeners. What was interesting was, the day before, I was at a taqueria placing an order when the cashier said,”Keep talking, you have a nice voice. It’s so soothing. I could listen to it all day.” I took that as a sign that I would be good on the radio! You can listen to the episode here: Update of Immigration Laws and Issues. By Grace Alano. Grace Alano is an immigration attorney at Alano Immigration in San Francisco, CA. Find Grace Alano on Google+

Visas for 6000 Lives

2024-02-28T16:17:08Z

I was in Los Angeles for a client’s marriage-based green card interview and stumbled upon the Chiune Sugihara Memorial while walking through Little Tokyo, which is near the USCIS office. My daily work involves visas, consulates, passports, and refugees, so I had to stop when I peeked at what the memorial was about. Sugihara was the Vice Consul of Japan in Lithuania during World War II and saved the lives of 6,000-10,000 Lithuanian Jews by issuing them visas to escape the holocaust. The descendants of those he saved today number about 40,000.

Sugihara defied protocol to issue the transit visas, which were unauthorized by his foreign ministry. He would work 18-20 hour days issuing a month’s worth of visas per day. When asked what his motivation was, he explained, “It is the kind of sentiments anyone would have when he actually sees refugees face to face.”

Sugihara’s mother came from a long line of samurai. The samurai tradition stressed duty and loyalty to country, but more importantly, morality, courage, and benevolence. As he said, “I thought this would be the right thing to do. There is nothing wrong in saving many people’s lives….The spirit of humanity, philanthropy…neighborly friendship…with this spirit, I ventured to do what I did, confronting this most difficult situation—and because of this reason, I went ahead with redoubled courage.”

My reference to Visas for 6000 Lives comes from the title of a book by Sugihara’s widow. This memorial is a reminder to always be brave and to always choose love over fear.

By Grace Alano. Grace Alano is an immigration attorney at Alano Immigration in San Francisco, CA. Find Grace Alano on Google+, Facebook, and Twitter.

Post-election Immigration Update

2024-02-28T16:17:15Z

Last weekend after the election I attended the American Immigration Lawyers Association (AILA) California Chapters Conference. I was able to speak with other experts and listen to a government interagency panel about what changes may happen in immigration. I did a Facebook Live post to share the information with the public, as I was getting lots of calls from worried clients and colleagues. I am still collecting more information and will keep updated on what is happening. For now, I’d like to share my discussion with you.

By Grace Alano. Grace Alano is an immigration attorney at Alano Immigration in San Francisco, CA. Find Grace Alano on Google+

Many TPS Holders in Ninth Circuit May Become Residents

2024-02-29T15:49:33Z

Of course, that is provided that they meet all other requirements. TPS does not provide blanket eligibility. The Ninth Circuit Court of Appeals, which covers the Western States, including California, ruled in Ramirez v. Brown that a grant of TPS to a noncitizen qualifies as an “inspection and admission.” TPS stands for Temporary Protected Status and is a humanitarian program. USCIS may grant TPS status to nationals of foreign countries where there has been a temporary condition such as an environmental disaster or ongoing armed conflict, for example, and that country cannot handle return of its citizens safely. Such countries include El Salvador, Haiti, Honduras, Sudan, Syria, and Yemen. In and of itself, TPS status provides work and travel authorization, and makes the person not removable from the U.S. They applicant must meet certain eligibility factors and have been in the U.S. when TPS was designated. Those in TPS status who were not initially “inspected and admitted” at the time of their arrival to the United States, who are married to U.S. citizens to apply for permanent resident status. Inspection and admission is an eligibility requirement for applying for adjustment of status to permanent resident in the U.S. without having to leave the U.S. to apply for an immigrant visa. Generally, those who have overstayed their visas (over 180 days or over one year) or who were not initially inspected and who leave the U.S. can be barred from returning for three to 10 years. People who are inspected and admitted are usually those who enter the U.S. at the airports or land borders with visas or through the ESTA program (visa waiver). In the underlying Ninth Circuit case, the Court overturned a USCIS denial of a Salvadoran applicant’s green card application based on his marriage to a U.S. citizen because he did not have inspection and admission. The Ninth Circuit ruled that Congress intended a grant of TPS to serve as an inspection and admission for purposes of any subsequent application for permanent residence by a TPS recipient. This ruling is an important ease to the eligibility requirements that can provide applicants the ability to apply for green card status without having to worry about issues surrounding travel outside the U.S., either through advance parole or a stateside waiver. It is especially important at this time while DACA and TPS are under threat. I do want to clarify that point as well. It is my understanding from those who have spoken with congressional offices that they do not believe removal (deportation from the U.S.) is a priority if the DACA and TPS programs end. The priority is to end the programs for political reasons. Thus, any gain made in the courts that will allow another segment of the population to apply for residence is significant. 📷: Max Braun. By Grace Alano. Grace Alano is an immigration attorney at Alano Immigration in San Francisco, CA. Find Grace Alano on Google+, Facebook, and Twitter.

Applications for U.S. Citizenship Have Been on the Rise!

2024-02-28T16:17:30Z

“Along with 1.370 others at the Paramount Theater, I did it!! Thanks for all your help Grace!”

Applications for U.S. citizenship have been on the rise this year, with many people hoping to be sworn in before election day so they can vote. Many of my clients here in San Francisco applied for citizenship because it was finally their time, as well as to vote against He Who Shall Not Be Named. Many people have also been inquiring about how the election will affect DACA and immigration in general. It’s too late at this time to apply for citizenship and be able to be sworn in before voting day, but I still encourage people to apply. It can help make travel easier. For example, mixed U.S. citizen and foreign national couples can reenter the U.S. in the same line. Permanent residents who get stopped in secondary inspections at the airport for old minor arrests or convictions or other issues at the airport no longer need to dread traveling. There is no physical presence requirement, so people who wish to maintain homes in the U.S. and other countries (lucky them!) can do so without worrying about when to travel back and forth. U.S. citizens can vote – not only for presidential elections, but for local elections that impact their school district and community. U.S. citizens can also petition certain relatives, such as parents, siblings, and fiance(e)s, unlike permanent residents. It’s always a good idea to meet with an immigration attorney for a consult before applying so that the attorney can go over a potential applicant’s eligibility, and to provide guidance, timelines, and strategy. Attorneys can also help applicants prepare and file the application, prepare the applicant for the interview, and also attend the interview at the local USCIS field office. Applicants must generally take and pass a test of civics and English. There are exceptions for the elderly who have lived as permanent residents for many years in the U.S. If you are curious about U.S. citizenship and applying for naturalization, or have been busy with life and have finally decided it is time to apply, give me a call at (415) 413-8472 ((415) 413-VISA) or book an appointment online!

By Grace Alano. Grace Alano is an immigration attorney at Alano Immigration in San Francisco, CA. Find Grace Alano on Google+

Employment Authorization Will Be Extended To Certain H-4 Dependents

2024-02-28T16:17:37Z

The U.S. Citizenship and Immigration Services (USCIS) has announced that, effective May 26, 2015, it will extend employment authorization to H-4 dependent spouses of H-1B visa holders who are seeking lawful permanent residence based on their employment. The H-1B is a nonimmigrant visa for employees working in a “specialty occupation” that requires a bachelor’s degree or equivalent and a certain level or theoretical and practical knowledge. It is a dual intent visa that allows for employers to file immigrant visa petitions after going through a labor certification process. Accompanying spouses are accorded H-4 visas and are not given employment

Eligible individuals include H-4 dependent spouses of principal H-1B workers who:

Have an approved Form I-140, Immigrant Petition for Alien Worker; or
Have been granted H-1B status in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.

“Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

It is a step in the right direction. Ideally, H-4 dependents should be granted employment authorization in general.

By Grace Alano. Grace Alano is an immigration attorney at Alano Immigration in San Francisco, CA. Find Grace Alano on Google+

Photo by Kompania Piwowarska.