Category Archives: Family-Based Visas and Green Cards

Why Give Birth in the U.S. When a Surrogate Can Do It For You?!

pacifierIt was only a matter of time, really. First, there was “birth tourism,” in which people from around the world who are interested in gaining a foothold in the U.S. arrange to enter as tourists and have a child here — their own little U.S. citizen “anchor baby.”  (See details in my earlier blog, on “Anchor Babies in the News.”)

Now, some parents are avoiding that nerve-wracking plane ride while pregnant, and simply arranging to have surrogate women in the U.S. give birth and cede their parental rights to them. For real. You can read about it in California Lawyer magazine.

This strategy doesn’t work in every U.S. state (because many state legislatures have made surrogacy contracts illegal or unenforceable), but it works in California, which is plenty convenient for the many Asian couples going this route.

I do need to take issue with one statement in the article on “Having a Citizen Baby,” however. It says that, “At $100,000 to $200,000–which includes legal fees, insurance, medical care, and $30,000 to $45,000 for the surrogate–hiring a surrogate is still much cheaper than taking another fast track to legal residency: paying $500,000 or more for an entrepreneur visa.”

The surrogacy route is no “fast track” to legal residency, other than for the baby, who wasn’t exactly worried about immigrating to the U.S. in the first place. Mom and dad still must wait 21 years outside the U.S. before gaining any rights here (also described in my earlier blog post). The entrepreneur or investor visa, by contrast, allows parents and children to enter the U.S. right away.

But the surrogacy route offers certainty for at least one member of the family, and doesn’t carry the risk that the business upon which the investor visa was based will fail within the  first two years–in which case green card eligibility is lost.

This Is News: Actual Enforcement Against Shady Immigration Consultants!

oakland courtIn today’s news piece, “Judge: Co. Owes $15M in Botched Immigration Forms,” NBC Bay Area states that the Oakland City Attorney has obtained a $15.1  million court judgment against a fraudulent immigration consulting  business, so-called “American Legal Services.” This company’s actions — we can’t call them legal services, because there seems not to have been a single attorney on staff — are said to have resulted in many Oakland families who were seeking immigration help losing vast amounts of money or winding up in removal (deportation) proceedings.

This story is both surprising and not. The “not surprising” part is that immigrants and their families are prey for unscrupulous fraudsters. That’s been going on for years.

Every immigration attorney has had clients come to them after their case was botched by someone who had no idea what they were doing, but pretended otherwise and charged a lot of money. Many use the name “notario,” because in the Spanish-speaking community, it implies someone with actual training, while in the U.S., it just means someone who’s a notary public — that is, can confirm your signature using a rubber stamp.

The surprising part is that someone is actually doing something about it! Immigrants are seemingly so low on the list of societal priorities that such issues often go unaddressed by enforcement authorities — even when all the evidence is right in front of their faces.

I once had a case where a client paid a fraudster to put a green card stamp in her passport (a stamp which he’d somehow acquired straight from U.S. immigration authorities). You’d think that would have been seen as a serious matter by anyone within the immigration system. But when I pointed it out to the attorney for the Department of Homeland Security, and urged him to go after the guy, he shrugged. As far as I know, that was the end of it.

But let’s hope the Oakland court judgement is a sign of more enforcement to come. If you’ve been harmed by a fraudulent immigration service provider, you can add to the push for further enforcement by reporting it to the police, district attorney’s office, and state bar association. And if you’re seeking immigration services, see “How to Avoid a Sleazy Immigration Lawyer” for more information.

Proposed Immigration Bill Still Needs Provision for Gay and Lesbian Couples

double_rainbowThe current Senate draft of a comprehensive immigration reform bill contains provisions to help undocumented farmworkers and students, as well as would-be immigrants whose merits earn them a significant number of points — but nothing for gay and lesbians.

In particular, the draft doesn’t address the problem of gay and lesbian couples who are legally married under the laws of the particular U.S. state or foreign country where they registered or held a  ceremony, but nevertheless continue to be denied a marriage-based green card for the noncitizen spouse under U.S. immigration law. (The legal reason for that is the federal Defense of Marriage Act, or DOMA, which is awaiting an opinion from the U.S. Supreme Court.)

What’s the harm in this? According to testimony to the Senate Committee by Laura Lichter, President of the American Immigration Lawyers Association (AILA), “more than 36,000 couples are affected by this form of discrimination, and nearly half of them are households raising children.” Lichter added that, “Many gay and lesbian Americans in binational relationships have aging parents and must make difficult decisions between managing their parents’ health or remaining with their partners. . . Many Fortune 500 companies have lost skilled Americans to foreign competitors because of this issue . . . For many, the limited options mean having to choose between unconscionable separation, a life without lawful immigration status, or relocating the entire family outside the U.S.”

The bill may may yet address such issues, however, according to reports from CQ Roll Call, via San Francisco’s Immigrant Legal Resource Center. The draft Senate bill is currently being scrutinized and marked up by the Senate Judiciary Committee. Several Democrats on the committee have stated that they intend to introduce amendments allowing U.S. citizens to petition for (sponsor) same-sex partners for visas in the same manner that they are legally allowed to utilize for opposite-sex spouses under existing law.

Whether those amendments will survive the entire process of turning the bill into law, however, is in doubt. Some experts believe that they will be removed again in the course of negotiations, in order to ensure the passage of the bill as a whole. Stay tuned . . . .

And by the way, the legal situation is a bit different for couples in which one has undergone sex reassignment surgery, as described in Nolo’s Q&A, “Can a transgender spouse obtain a green card based on marriage to a U.S. citizen?