Law Offices of Friedberg & Trombi

PUBLISHED: SANTIAGO-RODRIGUEZ v. HOLDER

2011-09-21T16:49:00.000-07:00

On December 8, 2010, Attorneys Michael Friedberg and Mathew Ho of the Law Office of Friedberg & Trombi represented Julio Cesar Santiago-Rodriguez and successfully argued for him in front of the United States Court of Appeals for the Ninth Circuit.

Mr. Santiago, a legal resident, was charged with smuggling his wife and brother into the United States. He was subsequently ordered to be deported back to Mexico. Fortunately, The Law Office of Friedberg & Trombi fought for him and Mr. Santiago was granted a second chance at life here in the U.S.

Click here to view the published decision.

Alabama Passes Anti-Immigration Law, ACLU Responds

2011-06-10T09:53:00.000-07:00

Gov. Robert Bentley, R-AL, signs H.B. 56 into law.
(Source: State of AL/CNN)

“This law is an outrageous throw-back to the pre-Civil Rights era, going beyond the discriminatory and unconstitutional police practices that we’ve seen in other states. It blocks the schoolhouse doors to children, will result in people being turned away when they try to rent a home, and places burdens on people of color at the voting booth. By signing this bill into law, Gov. Bentley has codified official discrimination in the State of Alabama.” – Cecillia Wang, director of the ACLU Immigrants’ Rights Project

Late last Thursday, Alabama’s legislature passed HB 56, a law that, among other things, bars undocumented students from enrolling in public colleges, requires children to show proof of citizenship when enrolling in public kindergarten and grade school, and requires police to demand proof of citizenship from those they suspect are not authorized to be in the U.S. during a stop.

In addition, the bill makes it a crime to knowingly rent housing to an undocumented immigrant and makes it illegal for an undocumented immigrant to apply for a job. It stops cities from passing legislation that defends undocumented persons, and calls for the use of E-Verify by all Alabama employers to determine the legal status of their employees.

Yesterday, The American Civil Liberties Union and the ACLU of Alabama announced that they will file, in association with other civil rights groups, a lawsuit challenging the constitutionality of HB 56. Olivia Turner, executive director of the ACLU of Alabama, had this to say:

"By signing this bill into law, Gov. Bentley is willing to sacrifice the civil liberties of all Alabamans, eroding the rights of millions of people living and working in this state. This law undermines core American values of fairness and equality, subjecting both citizens and non-citizens alike to unlawful racial profiling, and does nothing to ensure the safety and economic security of Alabama.”

Yesterday, Alabama Governor Robert Bentley signed the bill, and it is expected to go into effect September 1st.

Sources: ACLU, New York Times, Immigration Impact

Texas Senate Blocks Anti-immigration Bill

2011-05-31T11:40:00.000-07:00

On May 24, Senate Democrats voted to keep the controversial Texas HB 12 from moving to the floor. In the same vein as the Arizona’s anti-immigration law, SB 1070, Rep. Burt Soloman’s HB 12 would prevent counties, cities, and other governmental entities or special districts from implementing policies that prohibit law enforcement from asking the immigration status of individuals who are arrested or lawfully detained. Click here to view the bill.

On May 10, hours after the House passed the bill on to the Senate, State Rep. Ana Hernandez Luna gave a speech on her own story as an undocumented immigrant:

Source: AILA InfoNet (members only), My San Antonio.

Immigration: Myth and Facts

2011-05-09T12:03:00.000-07:00

Over the years there have been many studies and numerous statistical reports that summarize the positive effects of immigration. Still, misinformation about the impact of immigration abound.

On May 4, 2011, The U.S. Chamber of Commerce released a pamphlet that refutes seven of the most common myths about immigrants coming to our country. The pamphlet shows “that immigrants significantly benefit the U.S. economy by creating new jobs, and complementing the skills of the

U.S.

native workforce, with a net positive impact on wage rates overall.”

Some of the myths and their corresponding facts include:

o Myth: Immigrants drive down the wages of American workers.

o Fact: Immigrants give a slight boost to the wages of most Americans by increasing their productivity and stimulating investment.

o Myth: Immigrants will “over-populate” the

United States

o Fact: Immigrants will replenish the

U.S.

labor force as the Baby Boomers retire.

o Myth: Immigrants are more likely to commit crimes than

U.S.

natives.

o Fact: Immigration does not cause crime rates to rise and immigrants have lower incarceration rates than native-born Americans.

To view a copy of the pamphlet click here.

Congress Temporarily Halts Vote On DREAM Act

2010-09-22T13:31:00.000-07:00

“I want everyone within the sound of my voice to understand how much I appreciate, and thousands and thousands of others, Senator Durbin’s advocacy on this issue. But I also want everyone within the sound of my own voice to know that we’re going to vote on the DREAM Act, it’s only a question of when. That’s all this is about, basic fairness. But this isn’t the end of this. We’re going to continue to move on.”

-Senate Majority Leader, Harry Reid (D-NV)

These words spoken by Senator Reid shortly after the senate voted 56 to 43 against proceeding to the Defense Authorization Act. This means that the DREAM Act, an immigration bill that would provide legal status to people who graduate from high school and pursue college or enlist in the military, will not be considered by the senate as an amendment to the bill.

The passage to citizenship for thousands of hopeful and promising undocumented youth is now pushed farther away.

Leading up to the vote, accusations and statements from both sides of the senate had been rampant; Senator John McCain (R-AZ) called the DREAM Act Reid’s “effort to get re-elected” and stated that the DREAM was “totally unrelated to national defense”, while Senate Majority Whip Dick Durbin (D-IL) advised Republicans to “stop hiding in the shadows.”

All the vacuous and tired arguments miss the point; deserving kids must have a chance at the American dream. Their participation in American society would benefit America greatly, as David Leopold writes: “The Dream Act targets for future citizenship exactly the kind of people America should be embracing: young soldiers, scholars, strivers, future leaders.”

These young people need to be encouraged in their aspirations and not restricted; their potential must be realized and not unmet. Marielena Hincapié, executive director of the National Immigration Law Center, states:

“Ultimately, those in opposition voted not in favor of process, but against young immigrants who have shown more leadership than some of our elected officials. As a result, the dreams of the young men and women who have been waiting to fulfill their highest potential and contribute to America will continue to be on hold, and our country will suffer.”

America must look forward and turn its back on the restrictionist zeal that plagues its lands. What kind of America do you envision in the future? An America still wading through the swamps of ignorance and xenophobia? Or an America planted on the ground of diversity and acceptance? The DREAM Act is a bold step toward dry land.

Sources: ImmigrationProf Blog, AILA Leadership Blog, Immigration Impact, NBC Chicago.

President Obama Pledges His Full Support For The DREAM Act

2010-09-17T13:22:00.000-07:00

"President Obama's Speech at a CHC Gala 9/15/2010"

Last night at a CHC gala, President Obama expressed his full commitment to help move the DREAM Act:

Now, the Senate is going to have a chance to do the right thing over the next few weeks when Senator Reid brings the DREAM Act to the floor. Keep in mind, in the past, this was a bill that was supported by a majority of Democrats and Republicans. There’s no reason why it shouldn’t receive that same kind of bipartisan support today. I’ve been a supporter since I was in the Senate, and I will do whatever it takes to support the Congressional Hispanic Caucus’ efforts to pass this bill so that I can sign it into law on behalf of students seeking a college education and those who wish to serve in our country’s uniform. It’s the right thing to do. We should get it done.

Also, today President Obama held a meeting with Senator Robert Menendez (D-NJ) and Congressional Hispanic Caucus (CHC) members, chairwoman Nydia Velázquez (D-NY) and Rep. Luis Gutierrez (D-IL) to address the movement of the DREAM Act.

After the meeting, Rep. Luis Gutierrez told reporters that Obama would “leave no stone unturned.” Rep. Nydia Velázquez added that Obama promised to speak to senators.

Senate Majority Leader Harry Reid (D-NV) will bring the DREAM Act to a vote next week.

For more information on the DREAM Act click here.

For a full transcription of the above mentioned speech click here.

Sources: Immigration Impact, Politico 44.

U.S.C.I.S. Memo Has Anti-Immigrant Groups Panicking

2010-08-26T12:35:00.000-07:00

An internal Department of Homeland Security memo entitled “Administrative Alternatives to Comprehensive Immigration Reform” was attacked by conservative activists Monday.

Activist groups such as the Eagle Watch, The Family Research Council, Judicial Watch, and a Washington-area segment of the Tea Party movement, sent a letter to the White House citing reports that the administration is thinking about using its executive power “to effectively legalize significant number of illegal aliens.”

The head of NumbersUSA, an immigration reduction organization, alleged that, “The administration is terrified that the illegal immigrant population is going to go down further because they want to keep them here in order to give them the amnesty and turn them into voters.”

The document outlines a draft proposal that would give protection and/or assistance to individuals currently in the United States without authorization. It also mentions “deferred action.” Deferred action “would permit individuals for whom relief may become available in the future to live and work in the U.S. without fear of removal.”

It goes on to state that the suggestions have the “potential to result in meaningful immigration reform absent legislative action.” However, it also acknowledges that if they adopted the suggestions without limits, it will be very expensive and controversial.

A statement from the U.S.C.I.S. indicated that the memo was simply brainstorming. “Internal memos do not and should not be equated with official action or policy.” They went on to state that they, “will not grant deferred action or humanitarian parole to the nation’s entire illegal population.”

To view the memo click here.

Source: CNN

Justice Department Threatens to Sue Maricopa County Sheriff

2010-08-17T17:08:00.001-07:00

The new immigration law enacted in Arizona, SB 1070, gives police officers much more authority to detain illegal immigrants. This authority will almost certainly increase the racial profiling and discrimination against many groups, most notably the Latino population.

Recently, Arizona and Gov. Jan Brewer (R) were sued by the Justice Department over the state's new immigration law. Soon after, Justice Department officials issued a warning to controversial Arizona sheriff Joe Arpaio that requires him to respond to their investigation into whether he discriminates against Hispanics. If he doesn’t respond, he will be sued.

The Civil Rights Division has been investigating whether Arpaio’s jail has discriminated against Hispanic inmates and whether his department has engaged in “discriminatory police practices and unconstitutional searches and seizures” all this according to a letter the division sent Arpaio.

A federal grand jury in Phoenix is also targeting the self proclaimed “America’s Toughest Sheriff.” They are examining whether he has used his influence to intimidate and investigate political opponents and whether his office misappropriated government funds.

More information on SB 1070 can be found here and here.

Source: Washington Post

Filing Instructions for Immigration Forms Are Updated

2010-08-16T16:26:00.000-07:00

Several forms should now be sent to USCIS lockbox facilities rather than to USCIS Service Centers. These forms are:

• I-129F
• I-130
• I-140
• I-526
• I-539
• I-817

On the latest version of each of these forms, the new filing instructions can be found. These forms are available for free here.

The change occurred August 3, 2010. Applications already on their way to the service centers will be automatically rerouted to a designated lockbox. This will occur for a period of 45 days, after which packages will be returned to the applicant with a letter stating the new filing instructions.

Emergency Border Security Bill is Signed Into Law by Obama

2010-08-13T15:47:00.000-07:00


U.S. President Barack Obama reaches for a pen to sign the Southwest Border Security Bill, as U.S. Secretary of Homeland Security Janet Napolitano watches, in the Oval Office in Washington August 13, 2010. Credit: Reuters/Larry Downing "U.S. President Barack Obama reaches for a pen to sign into law the Southwest Border Security Bill."	Credit: Reuters/Larry Downing U.S. President Barack Obama reaches for a pen to sign the Southwest Border Security Bill, as U.S. Secretary of Homeland Security Janet Napolitano watches, in the Oval Office in Washington August 13, 2010. Credit: Reuters/Larry Downing

The Senate passed H.R. 6080 yesterday by unanimous consent and today President Obama signed it into law.

H.R. 6080 gives $600 million in emergency supplemental appropriations for the fiscal year 2010 to secure the Southwest border and improve Federal border protection, law enforcement, and counternarcotics activities.

Funding is appropriated to the Department of Homeland Security, the Department of Justice, and The Judiciary. The bill also includes General Provisions that include raising “filing and fraud prevention and detection for L visas by $2,250 and H-1B visas by $2,000 for applicants who have more than 50 employees in the US if more than 50 percent of their employees are on L or H-1B visas respectively. Filing fee increase ends on September 30, 2014.”

More information on the bill can be found here.

Sources: AILA, Whitehouse

UPDATE!

2009-06-01T17:11:00.000-07:00

06/01/2009 - U.S.C.I.S. is still accepting H-1B petitions! According to the most recent figures, only 45,800 H-1B Cap petitions, of the available 65,000, have been received to date. U.S.C.I.S. will continue accepting H-1B petitions, including advanced degree cases, until the Cap is met.

You can find more information about the H-1B Cap and follow the ongoing Cap count here.

Notice! H-1B Visa Petitions 2009

2009-03-03T11:23:00.000-08:00

As you may be aware, we are swiftly approaching an important date in the U.S. immigration calendar. On April 1, 2009, the government will begin accepting Petitions for Nonimmigrant Workers in the H-1B category for Fiscal Year 2010. There will be 65,000 visas available for new temporary workers with at least a Bachelor’s degree and another 20,000 visas for those with a Master’s degree issued in the United States. Workers approved under this visa category will be eligible to begin employment on or after 10/01/2009.

The events of last year showed that the number of visas available are insufficient to meet the demand. The USCIS will stop accepting petitions once they have met the projected “cap,” or when they think there will be no more visas available. In 2007 and 2008, the cap was met on the very first day petitions were accepted, and all of those cases were entered into a lottery to be randomly selected for processing. Cases that were not selected were forced to wait another year to submit their petitions again. The USCIS is expecting a large number of applicants on April 1st of this year.

As there will be a considerable rush to get applications filed on April 1, we are encouraging you to bring your applicants to us as soon as possible, so that we may have all paperwork complete and ready to file on March 31. If your company is contemplating any new hires that may be subject to the H-1B cap, please be aware of the upcoming deadline, and contact us as soon as possible to discuss a course of action.

Please note that this does not apply to employees needing an extension of H-1B status, or a request to change H-1B employers. The deadline is for new applicants only.

We want all of our clients to have the best opportunity for successful petitions. Let’s prepare early and get all the applications in on time.

As always, if you have any questions, please do not hesitate to contact us.

Sincerely,

FRIEDBERG & TROMBI

TENACITY

2009-02-20T13:40:00.000-08:00

By definition, immigrants are a highly dependent and vulnerable group of clients, because they are not familiar with our country’s laws, business customs, and social institutions. It is well known that all sorts of scams and unprofessional practices are foisted upon the trust of immigrants by unscrupulous “notarios” and other predatory types, including, unfortunately, some attorneys. The immigration attorney is, therefore, placed in a particularly important role when he assumes the representation of a client.

What also makes the immigration lawyer’s role more challenging is the need to navigate between a number of federal agencies in many immigration cases. More recently, state and local governments have also become increasingly involved in restricting immigrants’ rights, further complicating the matter. In addition, representing the immigration client before a federal agency requires the attorney to often face a bureaucratic fortress. When I started to practice immigration law in the 1980’s, I could pick up the phone and speak to an officer at the local immigration office or a consular officer overseas. Or I could schedule a personal meeting with the officer to discuss the case. Nowadays, access is extremely limited by procedures that are designed by the government to insulate its officers in the interests of efficiency.

While procedures do exist to appeal adverse decisions, it is the immigration lawyer’s greatest challenge to represent clients after they have received an adverse administrative decision. Nowhere is the situation more challenging than when a client has applied for a visa at an American consulate (outside the United States), and the visa has been refused.

Last year, I successfully represented two businessmen, one in Mexico and the other in Japan, whose visa applications were initially refused. Their stories will be discussed in the next installment.

"Coming to America"

2008-12-15T10:22:00.000-08:00

"Coming to America," the phrase which has symbolized the centuries-old yearning by so many to seek a new and better life here, has been the driving force and inspiration of my professional career as an immigration attorney. For nearly twenty-eight years, I have worked with countless businessmen, entrepreneurs, investors, professionals, artists, religious workers, students, refugees, and families to assist them to achieve their goals of immigrating to the United States.

The Law Offices of Saldin Friedberg & Trombi is comprised of a team of highly dedicated lawyers and legal assistants whose primary goal is to provide our clients with the highest level of professional legal services. At our firm, we value the differences which each client and case presents, and our staff is skilled in a number of foreign languages including Spanish, Chinese Vietnamese, and Japanese. We pride ourselves in, not only our legal experience and expertise, but also in the honest and straightforward sharing of information with our clients. We consider the client to be a critical partner in the process, and we understand that we can achieve our goals more easily when we collaborate with our client.

It will be my goal in these regular articles to introduce the reader to the different types of cases which our firm handles. We will discuss the different types of visas available under the U.S. visa law, and we will highlight the latest changes in this rapidly-changing field of law.

Our Success Stories

2008-12-03T16:31:00.000-08:00

Below are representative examples of the success we've delivered to our clients:

The American Embassy in Japan twice denied a visa to a specialty chef with skills essential to the success of a Japanese restaurant being launched on Restaurant Row in Los Angeles. The restaurant corporation's law firm referred the case to us. Through persistence, we overcame the difficulty of gaining access to consular officers and their potential prejudice due to prior denials. We made an irrefutable case regarding the dearth of expert Japanese chefs in the United States. A visa was issued.

An Iraqi woman was accused of attempting to immigrate through a sham marriage. She and her three children faced deportation. Another law firm referred the case to us. We presented extensive documentation untangling the erroneous information which led to the charge. We persevered and obtained a new interview with immigration officials. The woman and children obtained their greencards.

A client came here with his family as a child but never became a U.S. citizen. By the age of 40, he had a successful business and a daughter with his ex-wife. He also had a criminal record of domestic violence, for which he was facing deportation. We were able to demonstrate that deporting him would cause extreme hardship for his daughter and elderly parents. Deportation proceedings were canceled. He is now happily remarried and applying for citizenship.

Our Attorneys

2008-12-03T16:12:00.000-08:00

Michael Friedberg

Michael's immigrant experience brings a dimension to his work that can't be learned through books. He came to this country with his family at age 10, with minimal English language skills. While attending Southwestern University School of Law, he taught English as a Second Language, and was pleased seeing students' pride in their progress. Based on his own experience and his satisfaction in helping people start a new life, he developed a practice in immigration law and has been practicing for more than 25 years.

Born Munich, Germany; admitted to bar, 1980, California.

Education: University of California at Los Angeles (B.A. 1970); University of Oregon (M.A. 1973); Southwestern University School of Law (J.D. 1980). Phi Beta Kappa.

Member: Los Angeles County Bar Association (Member, Immigration Section), ProVisors.

Reported Cases: Bellajaro v. Schlitgen 378 F 3d 1042 (9th Cir. Aug 6, 2004)

Practice Areas: Immigration Law; Corporate Law; Business Law

Languages: Spanish and Yiddish

Heidy S. Berger-Trombi

Born Oakland, California; admitted to bar, 1994, California.

Education: University of California at Los Angeles (B.A. Political Science and International Relations, 1987); Southwestern University School of Law (J.D. 1992).

Member: Los Angeles County Bar Association (Member, Immigration Section), Bruin Professionals.

Practice Areas: Immigration Law; Adoptions; Guardianship; Family Law.

Languages: Romanian, Spanish, and French.

Mathew K. Ho

Born Oakland, California; admitted to bar, 2006, California.

Education: University of California at Los Angeles (B.A. History, 2002); Southwestern University School of Law (J.D. 2005).

Member: Los Angeles County Bar Association (Member, Immigration Section).

Practice Area: Immigration Law.

Welcome to the Law Offices of Friedberg & Trombi

2008-12-03T14:46:00.001-08:00

With more than seventy-five (75) years of combined, specialized legal experience, Friedberg & Trombi is geared toward the foreign individual investor, trader, manufacturer or corporation who intends to invest or engage in business in the United States, as well as those foreign-based investors and corporations who already engage in business in the United States. We also assist foreign individuals and their families to attain residency and/or citizenship in the United States in connection with personal and business planning.

Our clients include major Chinese and Japanese multinational corporations doing business in the United States, as well as many other business entities in the Far East. We provide legal expertise in U.S. visa matters including temporary working visas, investment, trade and business visas, student visas, and permanent visas at the U.S. Citizenship & Immigration Services offices in the United States and the American Consulates throughout the world. We offer legal expertise in business planning for foreign investors intending to establish investments in the United States and corporate business planning for establishment of U.S. subsidiary and/or branch operations of foreign companies. We also represent clients in deportation and exclusion proceedings.

The firm communicates with our clients in English, Chinese (Mandarin, Cantonese and Toisanese), Japanese, Vietnamese, and Spanish. As a professional organization providing service to our clients, our aim is to give prompt, efficient and personalized attention to our clients' needs. Our highly trained personnel allow us to provide our clients with fast, accurate and thorough legal service and advice. Thank you for your interest in our law firm.

Law Offices of Friedberg & Trombi

PUBLISHED: SANTIAGO-RODRIGUEZ v. HOLDER

Alabama Passes Anti-Immigration Law, ACLU Responds

Texas Senate Blocks Anti-immigration Bill

Immigration: Myth and Facts

Congress Temporarily Halts Vote On DREAM Act

President Obama Pledges His Full Support For The DREAM Act

U.S.C.I.S. Memo Has Anti-Immigrant Groups Panicking

Justice Department Threatens to Sue Maricopa County Sheriff

Filing Instructions for Immigration Forms Are Updated

Emergency Border Security Bill is Signed Into Law by Obama

UPDATE!

Notice! H-1B Visa Petitions 2009

TENACITY

"Coming to America"

More of Our Success Stories

Our Success Stories

Our Attorneys

Welcome to the Law Offices of Friedberg & Trombi