via AILA (American Immigration Lawyers Association)
Bullet Point Summary of Comprehensive Immigration Reform Act of 2010
Thursday, September 30, 2010
DOS Confirms FY2010 DV Quota Limit Reached
via AILA (American Immigration Lawyers Association):
The State Department has confirmed to AILA liaison that the Diversity Visa quota limit and the limits for other quota-limited immigrant categories for this fiscal year have been reached. Thus, only those immigrant visa applications for which a visa number has been requested will be processed to conclusion and a permanent resident visa issued.
The State Department has confirmed to AILA liaison that the Diversity Visa quota limit and the limits for other quota-limited immigrant categories for this fiscal year have been reached. Thus, only those immigrant visa applications for which a visa number has been requested will be processed to conclusion and a permanent resident visa issued.
Advance Copy of DOS DV-2012 Notice
This public notice provides information on how to apply for the DV-2012 Program.
Advance Copy of DOS DV-2012 Notice
Advance Copy of DOS DV-2012 Notice
Comprehensive Immigration Reform Bill Introduced in the Senate
Menendez-Leahy Bill Another Step Forward
From the Immigration Policy Center
September 30, 2010
Washington D.C. - On Wednesday, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced S.B. 3932, The Comprehensive Immigration Reform Act of 2010. The bill takes a broad approach to solving the wide range of problems that plague our broken immigration system. It offers proposals on border, interior, and worksite enforcement, on legalization, and on future flows of immigration. Now the Senate and House both have a vehicle (Congressman Luis Gutierrez previously introduced a CIR bill in the House last December) for generating a serious discussion on immigration reform in the coming weeks. These bills are a direct response to the overwhelming public demand for solutions to our broken immigration system. Both political parties have acknowledged that this broken system is no longer sustainable, and is disrupting America's businesses, families, and long-term economic recovery.
"It is hard to turn ideas into legislation and legislation into good law, but Senators Menendez and Leahy have injected new life into the immigration reform debate," said Mary Giovagnoli, Director of the Immigration Policy Center. "At a time when every social issue we care about bumps up against immigration - healthcare, national security, and the economy - this bill is a step in the right direction. However, attention now turns to the rest of the Senate and House - where there are serious comprehensive proposals which lawmakers can react to and build upon - and the question remains; will they embrace this challenge or kick it down the road once again?"
The Immigration Policy Center has prepared a summary of the The Comprehensive Immigration Reform Act of 2010 which can be accessed at:
The Comprehensive Immigration Reform Act of 2010: A Summary (September 30, 2010)
From the Immigration Policy Center
September 30, 2010
Washington D.C. - On Wednesday, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced S.B. 3932, The Comprehensive Immigration Reform Act of 2010. The bill takes a broad approach to solving the wide range of problems that plague our broken immigration system. It offers proposals on border, interior, and worksite enforcement, on legalization, and on future flows of immigration. Now the Senate and House both have a vehicle (Congressman Luis Gutierrez previously introduced a CIR bill in the House last December) for generating a serious discussion on immigration reform in the coming weeks. These bills are a direct response to the overwhelming public demand for solutions to our broken immigration system. Both political parties have acknowledged that this broken system is no longer sustainable, and is disrupting America's businesses, families, and long-term economic recovery.
"It is hard to turn ideas into legislation and legislation into good law, but Senators Menendez and Leahy have injected new life into the immigration reform debate," said Mary Giovagnoli, Director of the Immigration Policy Center. "At a time when every social issue we care about bumps up against immigration - healthcare, national security, and the economy - this bill is a step in the right direction. However, attention now turns to the rest of the Senate and House - where there are serious comprehensive proposals which lawmakers can react to and build upon - and the question remains; will they embrace this challenge or kick it down the road once again?"
The Immigration Policy Center has prepared a summary of the The Comprehensive Immigration Reform Act of 2010 which can be accessed at:
The Comprehensive Immigration Reform Act of 2010: A Summary (September 30, 2010)
Wednesday, September 29, 2010
Making a mockery of satire: Jon Stewart and Stephen Colbert are warping a great American tradition
By S.E. Cupp
New York Daily News
The laughs were short-lived (if they had any life at all) after comedian Stephen Colbert testified before the House immigration subcommittee, at the behest of Democratic Rep. Zoe Lofgren. It was, to be sure, a preelection stunt meant to give Democrats an injection of that Hollywood cool they rely on so often to sell their wares.
But in a year when unemployment is still staggering and the economy is still slumbering, Colbert's standup (or sitdown, as it were) failed to impress.
Read more.
Abercrombie & Fitch fined $1,000,000 after I-9 audit
DETROIT - U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced today a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers.
The settlement is the result of a November 2008 Form I-9 inspection of Abercrombie & Fitch's retail stores in Michigan. The audit uncovered numerous technology-related deficiencies in Abercrombie & Fitch's electronic I-9 verification system. The company was fully cooperative during the investigation and no instances of the knowing hire of unauthorized aliens were discovered. Since the initial inspection, Abercrombie & Fitch has taken measures to revise its immigration compliance program, and has begun to implement new procedures to prevent future violations of federal immigration laws.
Immigration and Customs Enforcement Press Release.
Related article from the Columbus Dispatch.
Tuesday, September 28, 2010
Latino voters in California still reluctant to embrace GOP candidates, poll shows
A new Times/USC survey shows Latinos backing Democrat Jerry Brown by 19 points over Republican Meg Whitman in the governor's race, and Barbara Boxer by 38 points over Carly Fiorina for the U.S. Senate.
By Cathleen Decker, Los Angeles Times
September 27, 2010
Link.
By Cathleen Decker, Los Angeles Times
September 27, 2010
Registered voters who identified themselves as Latino backed Democrat Jerry Brown by a 19-point margin over Republican Meg Whitman in the race for governor, despite Whitman's multiple appeals to Latino voters during the general election campaign.
Whitman has reached for Latino support in myriad ways. She began airing ads on Spanish-language television stations after her June primary victory, highlighting her opposition to Arizona's new immigration law. She also noted her opposition to the particulars of the 1994 California measure, Proposition 187, which would have denied taxpayer-financed services to illegal immigrants. She erected billboards in Latino communities, opened a campaign office in East Los Angeles and spoke to Spanish-language media outlets.
But she remains the favorite of only one-third of registered Latino voters, the survey found.
Link.
Obama: Immigration issue is being 'demagogued'
President Obama is holding a backyard discussion with residents in Albuquerque, New Mexico -- including a discussion of the tricky political issue of immigration.
Link.
From Wiki:
Demagogy or demagoguery (Ancient Greek: δημαγωγία, from δῆμος dÄ“mos "people" and ἄγειν agein "to lead") is a strategy for gaining political power by appealing to the prejudices, emotions, fears and expectations of the public—typically via impassioned rhetoric and propaganda, and often using nationalist, populist or religious themes. What qualifies as demagogy has been the subject of debate and ambiguity since Aristophanes first used the term, in reference to Cleon.
12:26 p.m. -- Question time, the first from a woman who asks about changes in the immigration system, a big issue in New Mexico.
Obama again endorses "comprehensive immigration reform," which tighten the borders and create a pathway to citizenship for illegal immigrants who are already in the United States. But he expresses skepticism about legislation any time soon because "unfortunately, right now, this is getting demagogued." But he says a new immigration policy remains a priority.
Link.
From Wiki:
Demagogy or demagoguery (Ancient Greek: δημαγωγία, from δῆμος dÄ“mos "people" and ἄγειν agein "to lead") is a strategy for gaining political power by appealing to the prejudices, emotions, fears and expectations of the public—typically via impassioned rhetoric and propaganda, and often using nationalist, populist or religious themes. What qualifies as demagogy has been the subject of debate and ambiguity since Aristophanes first used the term, in reference to Cleon.
FY2011 H-1B Cap Count (Updated 9/28/10)
According to USCIS, as of September 24, 2010, approximately 39,600 (of 65,000 available) H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 14,400 H-1B petitions for aliens with advanced degrees. Reports indicate that H-1Bs might run out sometime in early March, 2011. However, since these matters are inherently difficult to predict, RWG encourages anyone interested in filing a new H-1B petition to do so as soon as possible.
Monday, September 27, 2010
How do I choose the best immigration experts for my individual case?
Ryvin Wallace Group (RWG) provides seven key factors to consider when choosing an immigration legal services provider.
by Christina Lang Wallace, Partner, Ryvin Wallace Group
Here are some helpful hints for the many people in the United States and abroad who need help sorting out the issues to choose the best immigration legal services provider for their matters. While easy when done right, immigration matters pose some unusual difficulties. Whether you are an individual who is having to transfer visas between US employers, entering the US legal system for the first time as a student, organizing your family or marriage-based sponsorship, or arranging complex business strategies to open US immigration roads for yourself of for family members -- you should be able to call an attorney who can easily advise you on the right strategy or approach needed for the particular situation. Here’s what to look for in your attorneys.
1.) Immigration Specialty Area. Find a law firm and make sure it specializes in immigration AND in your type of immigration problem. There are many fly-by-night notarios, as well as good law firms doing various types of law but not specializing in immigration. Even with pure immigration law firms, make sure the attorney you use has experience handling your type of case - temporary work visas, green cards, investment visas, family sponsorship, asylum matters, deportation/removal, cross-border immigration matters, immigration policy or I-9 training – whatever it may be.
2.) Responsiveness. Make sure the firm you choose gets back to you and defines what they will do for you in short order. They will either outline a plan for you immediately and send you the appropriate questionnaire to proceed. Or they should schedule you for a consultation (usually for a fee) during which they should clearly start a course of action. Care that you are not being strung along while they are learning on your dime, however case-specific research is a good thing provided your attorney can clearly explain to you why those areas require further investigation and how long it will take.
3.) Fees. Keep in mind that there are always three main fees in your immigration representation: the legal fee, the disbursement charges, and the filing fees to the government. Consider whether you wish to use a firm with a Standard Flat Fee pricing structure (typical in immigration law) or whether you are hiring a firm that runs its fees on an hourly basis. You should ask for a Fee Schedule. Flat fees tend to guarantee that you are not paying for negative efficiencies.
4.) Representation of Interests. When your case involves deportation/removal or asylum, your case is about you against the US government. However, in business and family immigration legal cases, the attorney normally represents the interests of two separate parties (you and the sponsor) vis-Ă -vis the government. This is called dual representation. Make sure that the firm doing the work represents and understands your interest and that your sponsor allows you to have reasonable access to information regarding your own case.
5.) Communication/IT Tools. Your immigration law firm should have an immigration specific case management tool that tracks certain critical information: like personal and visa information, visa projects being completed with due dates on everything, company information being utilized on government applications, expiration dates, easy to understand tracking features and reports. You may or may not get password access to it, but your law firm should be using immigration specific IT tools.
6.) Good Lawyering. Don't forget to check the credentials of the lawyers in the firm. Immigration law, in the complexity as it exists today, is fairly new and as a result the industry is riddled with sloppy lawyering. Has your attorney been around for 10+ years, have they seen the immigration landscape grow and change? Is the attorney a member of AILA, the American Immigration Lawyers Association www.aila.org? Does the managing attorney have a solid background including a reputable law school and identifiable work experience?
7.) Adequate staff and Attention. While any family immigration matter requires no more than one attorney, consider the advantages and disadvantages of using a solo attorney law firm versus a larger law firm or boutique with multiple attorneys and staff. If you are working with a family-based immigration lawyer, does he or she have the time or staff to adequately and efficiently handle your immigration needs? The larger corporate immigration programs require several immigration lawyers and paralegals to handle the corporation's volume of cases. For family matters, you will want to avoid the pass-around that might occur with too many specialists and paralegals handing your case around inside a larger law firm. Ask what kind of updates you can receive. See if you have any choice in the types and frequency of updates you receive.
Friendly Reminder: Your Job and Copies of Paperwork. When providing information to the attorney or government, always give copies only. Keep originals, including government issued documents, unless specifically requested and only if you have double checked with your attorney. Also, note that your initial consultation serves you best if you are ready to show any and all documents received from the US government and if you can clearly remember past dates and events like US exits and entries, and anything relevant to your case. Provide your counsel with thorough information.
Please do not hesitate to call our experts, Ms. Christina Wallace or Mr. Michael Ryvin, to discuss your current immigration needs. Ms. Wallace and Mr. Ryvin have been practicing immigration law for more than 25 years combined and are partners in the firm, Ryvin Wallace Group (www.ryvinlaw.com). Their experience is varied as they have worked in the large and prestigious immigration-only and multi-specialty law firms as well as smaller immigration boutiques, serving many types of individuals. These include those individuals organizing family or marriage-based sponsorship, professionals transferring between US employers, prospective students entering the US legal system for the first time to study at US university, or arranging complex business strategies involving substantial investment in the US. Their ethics and dedication are reflected in their consulting and legal strategies and carry through the firm’s culture. For a consultation on how to best obtain optimal immigration legal services, please contact Christina Wallace at 703-531-0790, christy@ryvinlaw.com or Michael Ryvin at 415-888-8296, michael@ryvinlaw.com.
by Christina Lang Wallace, Partner, Ryvin Wallace Group
Here are some helpful hints for the many people in the United States and abroad who need help sorting out the issues to choose the best immigration legal services provider for their matters. While easy when done right, immigration matters pose some unusual difficulties. Whether you are an individual who is having to transfer visas between US employers, entering the US legal system for the first time as a student, organizing your family or marriage-based sponsorship, or arranging complex business strategies to open US immigration roads for yourself of for family members -- you should be able to call an attorney who can easily advise you on the right strategy or approach needed for the particular situation. Here’s what to look for in your attorneys.
1.) Immigration Specialty Area. Find a law firm and make sure it specializes in immigration AND in your type of immigration problem. There are many fly-by-night notarios, as well as good law firms doing various types of law but not specializing in immigration. Even with pure immigration law firms, make sure the attorney you use has experience handling your type of case - temporary work visas, green cards, investment visas, family sponsorship, asylum matters, deportation/removal, cross-border immigration matters, immigration policy or I-9 training – whatever it may be.
2.) Responsiveness. Make sure the firm you choose gets back to you and defines what they will do for you in short order. They will either outline a plan for you immediately and send you the appropriate questionnaire to proceed. Or they should schedule you for a consultation (usually for a fee) during which they should clearly start a course of action. Care that you are not being strung along while they are learning on your dime, however case-specific research is a good thing provided your attorney can clearly explain to you why those areas require further investigation and how long it will take.
3.) Fees. Keep in mind that there are always three main fees in your immigration representation: the legal fee, the disbursement charges, and the filing fees to the government. Consider whether you wish to use a firm with a Standard Flat Fee pricing structure (typical in immigration law) or whether you are hiring a firm that runs its fees on an hourly basis. You should ask for a Fee Schedule. Flat fees tend to guarantee that you are not paying for negative efficiencies.
4.) Representation of Interests. When your case involves deportation/removal or asylum, your case is about you against the US government. However, in business and family immigration legal cases, the attorney normally represents the interests of two separate parties (you and the sponsor) vis-Ă -vis the government. This is called dual representation. Make sure that the firm doing the work represents and understands your interest and that your sponsor allows you to have reasonable access to information regarding your own case.
5.) Communication/IT Tools. Your immigration law firm should have an immigration specific case management tool that tracks certain critical information: like personal and visa information, visa projects being completed with due dates on everything, company information being utilized on government applications, expiration dates, easy to understand tracking features and reports. You may or may not get password access to it, but your law firm should be using immigration specific IT tools.
6.) Good Lawyering. Don't forget to check the credentials of the lawyers in the firm. Immigration law, in the complexity as it exists today, is fairly new and as a result the industry is riddled with sloppy lawyering. Has your attorney been around for 10+ years, have they seen the immigration landscape grow and change? Is the attorney a member of AILA, the American Immigration Lawyers Association www.aila.org? Does the managing attorney have a solid background including a reputable law school and identifiable work experience?
7.) Adequate staff and Attention. While any family immigration matter requires no more than one attorney, consider the advantages and disadvantages of using a solo attorney law firm versus a larger law firm or boutique with multiple attorneys and staff. If you are working with a family-based immigration lawyer, does he or she have the time or staff to adequately and efficiently handle your immigration needs? The larger corporate immigration programs require several immigration lawyers and paralegals to handle the corporation's volume of cases. For family matters, you will want to avoid the pass-around that might occur with too many specialists and paralegals handing your case around inside a larger law firm. Ask what kind of updates you can receive. See if you have any choice in the types and frequency of updates you receive.
Friendly Reminder: Your Job and Copies of Paperwork. When providing information to the attorney or government, always give copies only. Keep originals, including government issued documents, unless specifically requested and only if you have double checked with your attorney. Also, note that your initial consultation serves you best if you are ready to show any and all documents received from the US government and if you can clearly remember past dates and events like US exits and entries, and anything relevant to your case. Provide your counsel with thorough information.
Please do not hesitate to call our experts, Ms. Christina Wallace or Mr. Michael Ryvin, to discuss your current immigration needs. Ms. Wallace and Mr. Ryvin have been practicing immigration law for more than 25 years combined and are partners in the firm, Ryvin Wallace Group (www.ryvinlaw.com). Their experience is varied as they have worked in the large and prestigious immigration-only and multi-specialty law firms as well as smaller immigration boutiques, serving many types of individuals. These include those individuals organizing family or marriage-based sponsorship, professionals transferring between US employers, prospective students entering the US legal system for the first time to study at US university, or arranging complex business strategies involving substantial investment in the US. Their ethics and dedication are reflected in their consulting and legal strategies and carry through the firm’s culture. For a consultation on how to best obtain optimal immigration legal services, please contact Christina Wallace at 703-531-0790, christy@ryvinlaw.com or Michael Ryvin at 415-888-8296, michael@ryvinlaw.com.
Sunday, September 26, 2010
Tea Party Divided Over Immigration
By Stewart Lawrence
The Daily Caller
Read more.
The Daily Caller
One leading Tea Party group has decided to work closely with Roy Beck’s Numbers USA, a well-known “restrictionist” lobby that wants to see immigration, both legal and illegal, reduced. Together these groups are opposing passage of the DREAM Act, the stand-alone legislation that immigration reform advocates have rallied around as the prospects for passing a broader immigration bill have faded.
However, two other key Tea Party groups, including FreedomWorks, whose co-founder, former House majority leader Dick Armey, supports expanded immigration, say they’ll stay out of the fight over the DREAM Act.
Ideologically, support for immigration is thoroughly consistent with the Tea Party’s enthusiastic endorsement of the unfettered free market. In fact, for years, libertarian, pro-free enterprise groups like the CATO Institute have joined business groups and immigration advocates in calling for less government regulation of immigration — a position that critics call an “open borders” policy.
But many Tea Party activists believe that restoring the “rule of law” — and regaining control of the country’s borders — is also fundamental to the American ideal of freedom. They don’t necessarily oppose rising immigration, especially legal immigration, but they are hostile to “amnesties” for illegal aliens that appear to reward “lawbreakers.”
Read more.
Question and Answer: E-2 Treaty Investor Visas / Changes of Status vs. Consular Visa Applications
Question: Can I change my temporary visa status from B-1 (business visitor) to E-2 (treaty investor) without leaving the US?
Answer: Yes you can, assuming you entered pursuant to a B-1 visa (not under the Visa Waiver Program) by filing a petition with the USCIS (United States Citizenship and Immigration Service). However, assuming you will need to travel outside the US from time to time, this strategy is not advisable - because even if USCIS approves your change of status request and grants you E-2 STATUS in the US, the approval will not give you an E-2 VISA STAMP in your passport.
This means that if you leave the US after your approval, in order to come back to the US in E-2 status, you will have to apply for and obtain an E-2 visa at a US Consulate/Embassy outside of the US.
Notably, the Consulate/Embassy will review your E-2 application from scratch, as opposed simply assuming you qualify based on the USCIS approval. To be clear, there is no guarantee the Consulate/Embassy will grant the E-2 visa stamp. Basically, by filing the E-2 from within the US first, you should be prepared to submit the application twice, which could result in added cost and unwanted delays.
Answer: Yes you can, assuming you entered pursuant to a B-1 visa (not under the Visa Waiver Program) by filing a petition with the USCIS (United States Citizenship and Immigration Service). However, assuming you will need to travel outside the US from time to time, this strategy is not advisable - because even if USCIS approves your change of status request and grants you E-2 STATUS in the US, the approval will not give you an E-2 VISA STAMP in your passport.
This means that if you leave the US after your approval, in order to come back to the US in E-2 status, you will have to apply for and obtain an E-2 visa at a US Consulate/Embassy outside of the US.
Notably, the Consulate/Embassy will review your E-2 application from scratch, as opposed simply assuming you qualify based on the USCIS approval. To be clear, there is no guarantee the Consulate/Embassy will grant the E-2 visa stamp. Basically, by filing the E-2 from within the US first, you should be prepared to submit the application twice, which could result in added cost and unwanted delays.
Question & Answer: H-4 Dependants, with pending Adjustment of Status (I-485) applications and use of EADs and APs
Question: My spouse has a pending adjustment of status (I-485) application and an H-4 visa stamp. She last entered on her H-4 visa rather than using her advance parole (AP) document. She has a valid employment authorization document (EAD) and a job offer in US now. Does the fact that she entered as an H-4 impact her ability to use the EAD? What about going forward – if she is working on the EAD, should she use the advance parole only?
Answer: Yes and Yes. This is a much debated question and there is no definitive answer from the immigration agency. So we are left to interpret regulations, field guidance (agency memos), liaison minutes, etc. Many immigration lawyers take the position that since H-4 is not a work authorized status, an H-4 nonimmigrant who enters with an H-4 visa, should not work. This means the conservative approach would be for your spouse to exit the US, then re-enter on the AP, and then start working pursuant to the EAD. Subsequently, your spouse should use AP to enter, as opposed to her H-4 visa stamp.
Answer: Yes and Yes. This is a much debated question and there is no definitive answer from the immigration agency. So we are left to interpret regulations, field guidance (agency memos), liaison minutes, etc. Many immigration lawyers take the position that since H-4 is not a work authorized status, an H-4 nonimmigrant who enters with an H-4 visa, should not work. This means the conservative approach would be for your spouse to exit the US, then re-enter on the AP, and then start working pursuant to the EAD. Subsequently, your spouse should use AP to enter, as opposed to her H-4 visa stamp.
Saturday, September 25, 2010
"9500 Liberty" Documentary airs this Sunday at 8PM; looks back at Prince William immigration wars
By David Montgomery
Washington Post Staff Writer
Saturday, September 25, 2010
9500 Liberty airs at 8 p.m. Sunday on MTV 2, MTV U and MTV Tr3s (with Spanish subtitles).
Link to the Washington Post article.
Link to 9500 Liberty's Youtube page.
Washington Post Staff Writer
Saturday, September 25, 2010
The story's spine is how the county board, egged on by bloggers, came to unanimously pass a law requiring county police to check the immigration status of anyone they stop if they suspect the person might be an illegal immigrant. Six months later, faced with fiscal and legal realities and stiffening resistance from many non-Latino residents, the board retreated and required police to check only those actually arrested. Since all arrestees are checked, chances of racial profiling are diminished.
The film is edited and paced to make county board politics look Shakespearean. The camera nearly achieves the ideal of the proverbial fly on the wall, venturing into private homes and businesses in search of the stories behind the story.
The filmmakers' good faith effort to create a "safe space" for all varieties of raw emotion pays off. The desperation of those who speak at the edge of tears about discrimination and deportation is heartbreaking. But the panic and anger in the raised voices of those who decry this "invasion" are no less sincere or moving, in their way.
9500 Liberty airs at 8 p.m. Sunday on MTV 2, MTV U and MTV Tr3s (with Spanish subtitles).
Link to the Washington Post article.
Link to 9500 Liberty's Youtube page.
President Obama Interview with Telemundo
"You know, it is a very difficult thing to do administratively, and because we want comprehensive reform, and because we want the Dream Act, what we don't want to do is give an excuse to the opposition to say, 'Obama's trying to do an end-run around Congress,'" Obama said during an interview on Telemundo when asked what options he has to pursue immigration reform.
Continue reading related blog post from the The Hill's Michael O'Brien.
Senator Brown Spars with Secretary Napolitano on Interior Immigration Enforcement
Secretary of Homeland Security Janet Napolitano sparred with Senator Scott Brown (R-MA) on the issue of interior immigration enforcement during the Secretary's September 22, 2010, appearance before a Senate Committee on Homeland Security and Governmental Affairs hearing on current terrorist threats to the U.S., including the radicalization of individuals within the nation, and efforts to address those threats.
Fact Sheet: Immigrants and the US Military
Published by: America's Voice Education Fund
September 20, 2010
Link to Report.
September 20, 2010
Immigrants have a proud tradition of serving in the military. Right now there are thousands of men and women in uniform who weren’t born in the United States, yet they are willing to sacrifice everything for our country. The Department of Defense understands the importance of the foreign-born to our fighting forces – one of the reasons it supports the DREAM Act.
The Department Of Defense said the DREAM Act would help the military in its efforts to recruit an unparalleled all-volunteer force. In its FY2010-12 Strategic Plan, the Department of Defense set forth the performance objective “Recruit the All-Volunteer Force by finding smart ways to sustain quality assurance” and listed the DREAM Act as one of the means to do so.
The information below helps underscore why the U.S. Department of Defense believes the military is strengthened by the foreign-born.
Link to Report.
AILA President Responds to Recent DREAM Act Vote
From AILA (American Immigration Lawyers Association) President David Leopold:
Link.
When you think about it, the Dream Act is a no-brainer—a win-win for everyone. The deserving kids get a chance at the American Dream and, in exchange, America gets their demonstrated commitment to its vitality and future.
That’s why it was so frustrating yesterday to watch the Senate Republicans obstruct yet another legislative initiative; this time in the context of a procedural vote on a motion to proceed to consideration of the fiscal 2011 defense authorization bill (S. 3454). That means the Senate won’t be able to consider the Dream Act as an amendment to the bill along with other issues like the repeal of the “Don’t Ask, Don’t Tell” policy regarding gays in the military. At the risk of sounding too partisan, it just seems like in their zeal to thwart President Obama and the Democrats the Republicans in Congress will obstruct anything they do, even if it helps the country.
So the promising youth that will benefit from the Dream Act have to wait a little longer. And so will America, which will reap tremendous rewards from their full participation in American society. Even the Defense Department understands the value these young people bring to the U.S. and strongly supports passage of the Dream Act as one of its official goals for helping to maintain “a mission-ready, all-volunteer force.” And educators and others who also support the act recognize how much better it is to encourage the aspirations of young people, not to consign them to lives of under-the-table jobs and unmet potential.
Link.
Tuesday, September 21, 2010
DREAM Delayed in the Senate
via Immigration Policy Center
September, 21, 2010
Washington D.C. - Today, the Senate voted 56 to 43 against proceeding to the Defense Authorization Act. This procedural vote, which basically followed party lines, ends consideration of critical social issues that affect the military and were to be offered as amendments to the bill. Among the amendments not considered is the DREAM Act, an immigration bill that would provide legal status to young people who graduate from high school and pursue college or military service.
The following is a statement from Mary Giovagnoli, Director of the Immigration Policy Center:
"The political gridlock that has immobilized the Senate has resulted once again in a lost opportunity for the American people. By refusing to allow the Defense Authorization Act to proceed, America will not see, at this time, an up or down vote on the DREAM Act, which would have been a first legislative step in resolving our immigration crisis. The Senators who voted "no" today are ignoring unequivocal evidence that the DREAM Act is good for military readiness, the American workforce and the U.S. economy.
The energy and enthusiasm of thousands of young people who have poured themselves into promoting the DREAM Act has not been wasted, however. Because of their efforts, more people today understand the importance of DREAM to our economy, our military, and the future of our country than ever before."
September, 21, 2010
Washington D.C. - Today, the Senate voted 56 to 43 against proceeding to the Defense Authorization Act. This procedural vote, which basically followed party lines, ends consideration of critical social issues that affect the military and were to be offered as amendments to the bill. Among the amendments not considered is the DREAM Act, an immigration bill that would provide legal status to young people who graduate from high school and pursue college or military service.
The following is a statement from Mary Giovagnoli, Director of the Immigration Policy Center:
"The political gridlock that has immobilized the Senate has resulted once again in a lost opportunity for the American people. By refusing to allow the Defense Authorization Act to proceed, America will not see, at this time, an up or down vote on the DREAM Act, which would have been a first legislative step in resolving our immigration crisis. The Senators who voted "no" today are ignoring unequivocal evidence that the DREAM Act is good for military readiness, the American workforce and the U.S. economy.
The energy and enthusiasm of thousands of young people who have poured themselves into promoting the DREAM Act has not been wasted, however. Because of their efforts, more people today understand the importance of DREAM to our economy, our military, and the future of our country than ever before."
Monday, September 20, 2010
L-1As & EB - 1 Multinational Managers: How US immigration law defines the work of a "manager"
I invite you to read an article I published in Bender's Immigration Bulletin with Ronald Y. Wada covering how U.S. immigration law defines the work of a manager. This in-depth article reviews immigration authorities including statutes, regulations, policy memos, officer manuals, and of course, case law, to shed light on how immigration authorities review job descriptions commonly presented to them in L-1A (intracompany transferee) visa applications, and EB-1C (multinational manager/executive) green cards petitions.
Bender's Immigration Bulletin_Function Manager Petitions - Ad Hoc Tests and Legal Authorities
Bender's Immigration Bulletin_Function Manager Petitions - Ad Hoc Tests and Legal Authorities
Q & A: Family Based Green Card Sponsorship
Question: I have a GC since 1 year. My fiancé has an H1B since 2007 expiring 05/14 (incl. renewal). We have been together for 2 years and want to get married. I am an EU citizen and she is Korean. We have decided to get married ASAP so that I can sponsor her GC to make sure she gets her GC before the expiration of her H1B.
Questions:
1) How long will it take to get her GC?
2) We plan to have a small civil wedding with 2 witnesses ASAP to file. Is it a risk for GC approval? Will it raise questions on the bona fide marriage? We plan to have a large wedding ceremony outside the US about 6 months later.
3) Will we have a marriage interview from immigration and if yes, when would it take place? Should we mention the actual wedding ceremony?
4) Any advice on our plan?
Answer: Please see answers inline.
1) How long will it take to get her GC?
As a permanent resident filing for a Korean spouse, her case would fall under the Family Based, Second Preference, World Wide category (FB-2 WW) - which under the October Visa Bulletin, shows a priority date of April 1, 2010. This means there is a backlog in the category. In other words, beginning October 1, 2010, only those cases with priority dates on or before April 1, 2010 have a visa number available, ie, may file for adjustment of status (AOS) or immigrant visa process (IVP, which is performed abroad).
Your spouse would only be eligible to submit her AOS or IVP, when the FB-2 WW category shows her priority date as current. Let's say her I-130 is received on October 15, 2010, thus providing her with a priority date of October 15, 2010 (established on the date of filing). She has to wait until the date for FB-2 WW category shows October 15, 2010 or later in order to file the AOS or IVP.
Finally, with respect to how long it will take for her priority date to become current, it is difficult to predict. You can read my blog post about the visa bulletin to get a better grasp on how the Visa Bulletin works – it’s focused on employment based cases, but should help you nonetheless. You can find it here: http://ryvinimmigrationblog.blogspot.com/2010/09/what-is-visa-bulletin-explanation-and.html
If I had to guess, I would say, five months for the I-130 to be approved; followed by who knows for the priority date to become current (could several months, a year, give or take); followed about four to eleven months for the AOS (I-485) to be processed.
2) We plan to have a small civil wedding with 2 witnesses ASAP to file. Is it a risk for GC approval? Will it raise questions on the bona fide marriage? We plan to have a large wedding ceremony outside the US about 6 months later.
MR: Yes, it might raise some questions, but it is possible. I know this because I did the exact same thing with my wife. We had a civil ceremony - judge came to the house - with witnesses and some family and friends. We then had the "party" almost a year later. You should be ready to explain this and make sure you have a sufficient level of documentation to show the bona-fide nature of your marriage. You might consider working with a lawyer to help you present your case well, to help you clearly show this was the plan for personal reasons, as opposed to evading US immigration law.
3) Will we have a marriage interview from immigration and if yes, when would it take place? Should we mention the actual wedding ceremony?
MR: Yes, you will have an interview, which will take place after the adjustment of status is filed, within 4 to 11 months. If you choose to have the civil ceremony, followed by the party - you need to be up front about it. Trying to hide it, or even not mentioning it might lead an examiner to become suspicious in my opinion. Notably, couples usually bring pictures of the wedding to the interview. Most likely, your interview will be after the wedding party. If it is, I would likely suggest bringing photos from both ceremonies. If the interview comes before the party, you might bring some evidence (possibly receipts, invitations, guest list, etc. to show you are planning to have the party). It’s a judgment call, as to what evidence to bring – but under no circumstances would I attempt to hide this plan. Finally, another tip when bringing evidence to an interview is to avoid dumping loads of evidence on the desk of an examiner. It’s usually better to keep the evidence in a folder, organized and easily accessible and wait for the Officer to ask for things – at which point you should be able to provide.
4) Any advice on our plan?
MR: Your spouse needs to keep her H-1B status going, which sounds like it won't be a problem, at least from the standpoint of having time left on her H-1B (you mentioned 2014). The issue is because you are filing as a permanent resident and therefore she is not an immediate relative, she may not immediately file an adjustment of status application - which would provide her with authorization to stay in the US, work (though an I-765) and travel (through the I-131). Instead, she has to wait to become "current" under the Visa Bulletin (see link here btw: http://www.travel.state.gov/visa/bulletin/bulletin_5145.html) and it's not easy to predict how long it will take. I would think certainly before her available H-1B time expires, but also possible 1-2 years. All depends on how quickly the visa bulletin moves in her category. Finally, as discussed above, the civil ceremony followed by wedding is permissible. But be prepared to explain this plan and have good evidence for your case. You consider finding a competent lawyer to help guide you through the process.
Questions:
1) How long will it take to get her GC?
2) We plan to have a small civil wedding with 2 witnesses ASAP to file. Is it a risk for GC approval? Will it raise questions on the bona fide marriage? We plan to have a large wedding ceremony outside the US about 6 months later.
3) Will we have a marriage interview from immigration and if yes, when would it take place? Should we mention the actual wedding ceremony?
4) Any advice on our plan?
Answer: Please see answers inline.
1) How long will it take to get her GC?
As a permanent resident filing for a Korean spouse, her case would fall under the Family Based, Second Preference, World Wide category (FB-2 WW) - which under the October Visa Bulletin, shows a priority date of April 1, 2010. This means there is a backlog in the category. In other words, beginning October 1, 2010, only those cases with priority dates on or before April 1, 2010 have a visa number available, ie, may file for adjustment of status (AOS) or immigrant visa process (IVP, which is performed abroad).
Your spouse would only be eligible to submit her AOS or IVP, when the FB-2 WW category shows her priority date as current. Let's say her I-130 is received on October 15, 2010, thus providing her with a priority date of October 15, 2010 (established on the date of filing). She has to wait until the date for FB-2 WW category shows October 15, 2010 or later in order to file the AOS or IVP.
Finally, with respect to how long it will take for her priority date to become current, it is difficult to predict. You can read my blog post about the visa bulletin to get a better grasp on how the Visa Bulletin works – it’s focused on employment based cases, but should help you nonetheless. You can find it here: http://ryvinimmigrationblog.blogspot.com/2010/09/what-is-visa-bulletin-explanation-and.html
If I had to guess, I would say, five months for the I-130 to be approved; followed by who knows for the priority date to become current (could several months, a year, give or take); followed about four to eleven months for the AOS (I-485) to be processed.
2) We plan to have a small civil wedding with 2 witnesses ASAP to file. Is it a risk for GC approval? Will it raise questions on the bona fide marriage? We plan to have a large wedding ceremony outside the US about 6 months later.
MR: Yes, it might raise some questions, but it is possible. I know this because I did the exact same thing with my wife. We had a civil ceremony - judge came to the house - with witnesses and some family and friends. We then had the "party" almost a year later. You should be ready to explain this and make sure you have a sufficient level of documentation to show the bona-fide nature of your marriage. You might consider working with a lawyer to help you present your case well, to help you clearly show this was the plan for personal reasons, as opposed to evading US immigration law.
3) Will we have a marriage interview from immigration and if yes, when would it take place? Should we mention the actual wedding ceremony?
MR: Yes, you will have an interview, which will take place after the adjustment of status is filed, within 4 to 11 months. If you choose to have the civil ceremony, followed by the party - you need to be up front about it. Trying to hide it, or even not mentioning it might lead an examiner to become suspicious in my opinion. Notably, couples usually bring pictures of the wedding to the interview. Most likely, your interview will be after the wedding party. If it is, I would likely suggest bringing photos from both ceremonies. If the interview comes before the party, you might bring some evidence (possibly receipts, invitations, guest list, etc. to show you are planning to have the party). It’s a judgment call, as to what evidence to bring – but under no circumstances would I attempt to hide this plan. Finally, another tip when bringing evidence to an interview is to avoid dumping loads of evidence on the desk of an examiner. It’s usually better to keep the evidence in a folder, organized and easily accessible and wait for the Officer to ask for things – at which point you should be able to provide.
4) Any advice on our plan?
MR: Your spouse needs to keep her H-1B status going, which sounds like it won't be a problem, at least from the standpoint of having time left on her H-1B (you mentioned 2014). The issue is because you are filing as a permanent resident and therefore she is not an immediate relative, she may not immediately file an adjustment of status application - which would provide her with authorization to stay in the US, work (though an I-765) and travel (through the I-131). Instead, she has to wait to become "current" under the Visa Bulletin (see link here btw: http://www.travel.state.gov/visa/bulletin/bulletin_5145.html) and it's not easy to predict how long it will take. I would think certainly before her available H-1B time expires, but also possible 1-2 years. All depends on how quickly the visa bulletin moves in her category. Finally, as discussed above, the civil ceremony followed by wedding is permissible. But be prepared to explain this plan and have good evidence for your case. You consider finding a competent lawyer to help guide you through the process.
Court to hear Arizona immigration appeal Nov. 1
PHOENIX — A federal appeals court says it will hear arguments Nov. 1 in Arizona Gov. Jan Brewer's appeal of a ruling that put parts of the state's new immigration law on hold.
Brewer asked the 9th U.S. Circuit Court of Appeals in San Francisco to reverse the ruling that arose out of a lawsuit by the U.S. Justice Department.
Her lawyers say a judge erred by accepting speculation that the law might burden legal immigrants and by concluding that the federal government would likely prevail.
Justice Department attorneys argue that the law that was designed to draw local police into the fight against illegal immigration is disrupting the United States' relations with Mexico and other countries and that the state law is trumped by federal law.
Link.
General Colin Powell on Immigration / Dream Act
Visit msnbc.com for breaking news, world news, and news about the economy
(Republicans) have got to take a hard look at some of the positions they’ve been taking. We can’t be anti-immigration, for example, because immigrants are fueling this country. Without immigrants, America would be like Europe or Japan with an aging population and no young people coming in to take care of it. We have to educate our immigrants. The Dream Act is one way we can do this. That’s before the Congress this coming week…
“The Dream Act, in a nutshell, says if you are a young person and you were brought here by your parents and you’re in illegal status, if you have finished high school, and we will give you a six-year temporary residency, and if, during those six years, you finish two years of college or you go into the military service for two years, then you’re on a path to citizenship. That’s good.
Naturalization Fact Sheet (USCIS)
About the Naturalization (Citizenship) Process:
The United States has a long history of welcoming immigrants from all parts of the world. During the last decade, U.S. Citizenship and Immigration Services (USCIS) welcomed more than 6.8 million naturalized citizens into the fabric of our nation. Thus far in fiscal year 2010, approximately 495,232 individuals have been naturalized.
Deciding to become a U.S. citizen can be a very important milestone in an immigrant’s life. Individuals must demonstrate a commitment to the unifying principles that bind us as Americans and in return, will enjoy many of the rights and privileges that are fundamental to U.S. citizenship.About the Naturalization Process
In general, an individual over the age of 18 seeking to become a citizen of the United States must apply for naturalization by filing an Application for Naturalization, Form N-400. To be eligible for naturalization, an applicant must fulfill certain eligibility requirements set forth in the Immigration and Nationality Act (INA).
These general eligibility requirements specify that the applicant must:
Be at least 18 years of age
Be a lawful permanent resident (green card holder)
Have resided in the United States for at least five years
Have been physically present in the United States for at least 30 months
Be a person of good moral character
Be able to speak, read, write and understand the English language
Have knowledge of U.S. government and history
Be willing and able to take the Oath of Allegiance
Special naturalization provisions exempt certain applicants from one or more of the general requirements for naturalization. Spouses of U.S. citizens and members of the military constitute the main categories of individuals who are exempt from some of the general requirements for naturalization.
The majority of individuals naturalizing as spouses of U.S. citizens may do so three years after being admitted as lawful permanent residents, rather than the five years prescribed under the general provisions.
Spouses of U.S. citizens stationed abroad may not be required to meet any particular residence or physical presence requirement.
Members of the military who served honorably during certain periods of conflict may be eligible for naturalization even though they have not been admitted as lawful permanent residents and even if they are under the age of 18.
Members of the military who served honorably for at least one year, at any time, and apply for naturalization within a certain time after their military service, are also exempt from the general residence and physical presence requirements.
In addition to these naturalization provisions, the INA also provides for the naturalization of children who are under the age of 18.
A child under the age of 18, who is a lawful permanent resident residing in the United States in the legal and physical custody of a U.S. citizen parent, may automatically acquire U.S. citizenship. To obtain evidence of U.S. citizenship, an Application for Certificate of Citizenship, Form N-600, must be filed on behalf of the child.
A child who is residing abroad, who is temporarily present in the U.S. based an any lawful admission, may be eligible to apply for naturalization while under the age of 18 if he or she has at least one parent who is a citizen of the United States, and the parent (or qualifying grandparent) meets certain physical presence requirements in the United States.
There are exemptions benefiting children of active-duty members of the military stationed abroad.
All persons filing an Application for Naturalization who have submitted a complete application along with all required documents will be scheduled for an interviewed by a USCIS officer. Those applicants found qualified are scheduled for an oath ceremony before a judge or an officer delegated the authority by the Director of USCIS to administer the Oath of Allegiance. Applicants do not become U.S. citizens until they have taken the Oath.
Link to USCIS Fact Sheet including Naturalization Statistics.
The United States has a long history of welcoming immigrants from all parts of the world. During the last decade, U.S. Citizenship and Immigration Services (USCIS) welcomed more than 6.8 million naturalized citizens into the fabric of our nation. Thus far in fiscal year 2010, approximately 495,232 individuals have been naturalized.
Deciding to become a U.S. citizen can be a very important milestone in an immigrant’s life. Individuals must demonstrate a commitment to the unifying principles that bind us as Americans and in return, will enjoy many of the rights and privileges that are fundamental to U.S. citizenship.About the Naturalization Process
In general, an individual over the age of 18 seeking to become a citizen of the United States must apply for naturalization by filing an Application for Naturalization, Form N-400. To be eligible for naturalization, an applicant must fulfill certain eligibility requirements set forth in the Immigration and Nationality Act (INA).
These general eligibility requirements specify that the applicant must:
Be at least 18 years of age
Be a lawful permanent resident (green card holder)
Have resided in the United States for at least five years
Have been physically present in the United States for at least 30 months
Be a person of good moral character
Be able to speak, read, write and understand the English language
Have knowledge of U.S. government and history
Be willing and able to take the Oath of Allegiance
Special naturalization provisions exempt certain applicants from one or more of the general requirements for naturalization. Spouses of U.S. citizens and members of the military constitute the main categories of individuals who are exempt from some of the general requirements for naturalization.
The majority of individuals naturalizing as spouses of U.S. citizens may do so three years after being admitted as lawful permanent residents, rather than the five years prescribed under the general provisions.
Spouses of U.S. citizens stationed abroad may not be required to meet any particular residence or physical presence requirement.
Members of the military who served honorably during certain periods of conflict may be eligible for naturalization even though they have not been admitted as lawful permanent residents and even if they are under the age of 18.
Members of the military who served honorably for at least one year, at any time, and apply for naturalization within a certain time after their military service, are also exempt from the general residence and physical presence requirements.
In addition to these naturalization provisions, the INA also provides for the naturalization of children who are under the age of 18.
A child under the age of 18, who is a lawful permanent resident residing in the United States in the legal and physical custody of a U.S. citizen parent, may automatically acquire U.S. citizenship. To obtain evidence of U.S. citizenship, an Application for Certificate of Citizenship, Form N-600, must be filed on behalf of the child.
A child who is residing abroad, who is temporarily present in the U.S. based an any lawful admission, may be eligible to apply for naturalization while under the age of 18 if he or she has at least one parent who is a citizen of the United States, and the parent (or qualifying grandparent) meets certain physical presence requirements in the United States.
There are exemptions benefiting children of active-duty members of the military stationed abroad.
All persons filing an Application for Naturalization who have submitted a complete application along with all required documents will be scheduled for an interviewed by a USCIS officer. Those applicants found qualified are scheduled for an oath ceremony before a judge or an officer delegated the authority by the Director of USCIS to administer the Oath of Allegiance. Applicants do not become U.S. citizens until they have taken the Oath.
Link to USCIS Fact Sheet including Naturalization Statistics.
The DREAM Act: Creating Economic Opportunities
Courtesy of Immigration Policy Center
September 20, 2010
Washington, D.C. - As the bipartisan call for passing the DREAM Act gets louder - from military, education, faith, and Republican leaders alike - some may overlook the economic benefits of granting legal status to eligible undocumented youth who want to attend college or join the military. There are currently 2.1 million undocumented youths living in the U.S. who, without the DREAM Act, are unlikely to go to college and cannot work legally in the U.S. The DREAM Act, however, would provide an opportunity for them to live up to their full potential as future doctors, nurses, teachers, and entrepreneurs and make greater contributions to the U.S. economy and society.
The DREAM Act would give beneficiaries the opportunity to increase their standard of living - and their tax contributions: If legalized, DREAM Act beneficiaries would have access to greater educational opportunities and better jobs, which in turn means more taxable income. According to a study from Arizona State University, an individual with a bachelor's degree earns approximately $750,000 more over the course of his/her lifetime than an individual with only a high-school diploma.
The DREAM Act would save taxpayers money: A RAND study from 1999 shows that raising the college graduation rate of Hispanics to that of non-Hispanic whites would increase spending on public education by 10 percent nationwide, but the costs would be more than offset by savings in public health and benefits, as well as by increased tax revenues resulting from higher incomes.
The DREAM Act keeps talented students in the United States: Letting the talent of DREAM Act students go to waste "imposes economic and emotional costs on undocumented students and on U.S. society as a whole." The DREAM Act would stop brain drain by allowing our most talented students to remain in the country.
While some in Congress continue to play politics with the DREAM Act, America and its taxpayers continue to lose. Without the DREAM Act, the United States is missing out on talented workers and entrepreneurs, and is losing vital tax revenues and other economic contributions.
September 20, 2010
Washington, D.C. - As the bipartisan call for passing the DREAM Act gets louder - from military, education, faith, and Republican leaders alike - some may overlook the economic benefits of granting legal status to eligible undocumented youth who want to attend college or join the military. There are currently 2.1 million undocumented youths living in the U.S. who, without the DREAM Act, are unlikely to go to college and cannot work legally in the U.S. The DREAM Act, however, would provide an opportunity for them to live up to their full potential as future doctors, nurses, teachers, and entrepreneurs and make greater contributions to the U.S. economy and society.
The DREAM Act would give beneficiaries the opportunity to increase their standard of living - and their tax contributions: If legalized, DREAM Act beneficiaries would have access to greater educational opportunities and better jobs, which in turn means more taxable income. According to a study from Arizona State University, an individual with a bachelor's degree earns approximately $750,000 more over the course of his/her lifetime than an individual with only a high-school diploma.
The DREAM Act would save taxpayers money: A RAND study from 1999 shows that raising the college graduation rate of Hispanics to that of non-Hispanic whites would increase spending on public education by 10 percent nationwide, but the costs would be more than offset by savings in public health and benefits, as well as by increased tax revenues resulting from higher incomes.
The DREAM Act keeps talented students in the United States: Letting the talent of DREAM Act students go to waste "imposes economic and emotional costs on undocumented students and on U.S. society as a whole." The DREAM Act would stop brain drain by allowing our most talented students to remain in the country.
While some in Congress continue to play politics with the DREAM Act, America and its taxpayers continue to lose. Without the DREAM Act, the United States is missing out on talented workers and entrepreneurs, and is losing vital tax revenues and other economic contributions.
Sunday, September 19, 2010
DREAM ACT VOTE COMING UP THIS WEEK! PLEASE CALL YOUR SENATORS!
Your help is needed! The Senate will be taking a critical vote on the DREAM Act this Tuesday. Anti-immigrants are campaigning in force to stop this critical piece of legislation. Please counter their opposition and show your support by calling Senators Feinstein and Boxer to ask that they vote in favor of the DREAM Act. A call is better than an email – and it should only take a few minutes to dial and express your view. Every vote counts!
Here are the details:
The Senate is going to vote on a Defense Appropriations Bill on Tuesday, September 21, 2010. Attached to that bill as an Amendment will be the DREAM Act (S.729). This small piece of immigration reform is desperately needed by many bright, innocent, high school and college students.
According to other advocacy groups, anti-immigrants are drowning out support by 10 calls to 1.
1.) Please call, email, or fax our Senators. As noted above, calls are preferable.
Senator Dianne Feinstein
Phone: (202) 224-3841
Fax: (202) 228-3954
Email
Senator Barbara Boxer
Phone: (202) 224-3553
Email
2.) Another option to contact Congress is to go to Reform Immigration for America website and donate $30 to sponsor 100 calls.
3.) Phone calls to other Senate offices - Dial: 1-888-254-5087 if busy or not working call the switchboard directly at 202-224-3121
Ask for the following people and leave a message with their office.
Suggested Call-in Statement:
“I am calling to ask that Senator _______ vote for the DREAM Act."
Sen. Hatch of Utah
Sen. Bunning of Kentucky
Sen. Bennet of Utah
Sen. Gregg of New Hampshire
Sen. Bailey-Hutchison of Texas
Sen. McCain of Arizona
Sen. Voinovich of Ohio
Sen. Snowe of Maine
Sen. Collins of Maine
Sen. LeMeiux of Florida
Sen. Brownback of Kansas
Sen. Roberts of Kansas
Sen. Hagan of North Carolina
Sen. Pryor of Arkansas
Sen. Landrieu of Louisiana
Sen. Conrad of North Dakota
Sen. Dorgan of North Dakota
Sen. Nelson of Florida
Sen. Baucus of Montana
Sen. Tester of Montana
Sen. Feinstein of California
At this stage of the game, one of the main factors that Senators will consider are the numbers of contacts made in favor and in opposition to the DREAM Act.
4.) Please encourage anyone you know to contact Congress and urge support for the DREAM Act.
Many immigration attorneys have received calls from a young adult brought into this country at a young age that grew up in the United States and knows no other country but this one. The impact of telling that young person that he or she has no option to obtain legal status can be haunting. The only hope you can offer is the prospect of the passage of the DREAM Act.
Regardless of what you may read in the press about the chances of passage, this may be the best chance for the passage of any positive immigration reform for some time. Now is the opportunity to act. Please don't sit on your hands on this one.
Thank you again for all of your efforts!
Here are the details:
The Senate is going to vote on a Defense Appropriations Bill on Tuesday, September 21, 2010. Attached to that bill as an Amendment will be the DREAM Act (S.729). This small piece of immigration reform is desperately needed by many bright, innocent, high school and college students.
According to other advocacy groups, anti-immigrants are drowning out support by 10 calls to 1.
1.) Please call, email, or fax our Senators. As noted above, calls are preferable.
Senator Dianne Feinstein
Phone: (202) 224-3841
Fax: (202) 228-3954
Senator Barbara Boxer
Phone: (202) 224-3553
2.) Another option to contact Congress is to go to Reform Immigration for America website and donate $30 to sponsor 100 calls.
3.) Phone calls to other Senate offices - Dial: 1-888-254-5087 if busy or not working call the switchboard directly at 202-224-3121
Ask for the following people and leave a message with their office.
Suggested Call-in Statement:
“I am calling to ask that Senator _______ vote for the DREAM Act."
Sen. Hatch of Utah
Sen. Bunning of Kentucky
Sen. Bennet of Utah
Sen. Gregg of New Hampshire
Sen. Bailey-Hutchison of Texas
Sen. McCain of Arizona
Sen. Voinovich of Ohio
Sen. Snowe of Maine
Sen. Collins of Maine
Sen. LeMeiux of Florida
Sen. Brownback of Kansas
Sen. Roberts of Kansas
Sen. Hagan of North Carolina
Sen. Pryor of Arkansas
Sen. Landrieu of Louisiana
Sen. Conrad of North Dakota
Sen. Dorgan of North Dakota
Sen. Nelson of Florida
Sen. Baucus of Montana
Sen. Tester of Montana
Sen. Feinstein of California
At this stage of the game, one of the main factors that Senators will consider are the numbers of contacts made in favor and in opposition to the DREAM Act.
4.) Please encourage anyone you know to contact Congress and urge support for the DREAM Act.
Many immigration attorneys have received calls from a young adult brought into this country at a young age that grew up in the United States and knows no other country but this one. The impact of telling that young person that he or she has no option to obtain legal status can be haunting. The only hope you can offer is the prospect of the passage of the DREAM Act.
Regardless of what you may read in the press about the chances of passage, this may be the best chance for the passage of any positive immigration reform for some time. Now is the opportunity to act. Please don't sit on your hands on this one.
Thank you again for all of your efforts!
Dream Time (New York Times)
Congress may soon have a chance to repair, in a powerful way, the shambles it has made of immigration. It can pass an amendment to the defense authorization bill due to come before the Senate on Tuesday. The amendment is the Dream Act, an inspired bit of carving from the hugely ambitious, chronically unsuccessful comprehensive immigration reform.
The Dream Act opens the door to military service and higher education for young people whose parents brought them to this country as children without proper documentation. If they finish high school, show good moral character and serve at least two years in the military or earn a college degree, they can earn citizenship.
In a poisoned climate for legislation of any kind, and with the immigration debate more wretched than ever, the Dream Act’s chances are uncertain. That is a shame, because the act was written for the exactly the kind of people America should be embracing: young soldiers, scholars, strivers, future leaders.
Those who might qualify — roughly 800,000 of the 11 million people living here without authorization — are blameless for their illegal status and helpless to make it right. Most cannot leave their families to return to countries they do not know. They cannot legally work, qualify for scholarships or loans to pay for college, or serve in the military. They live in limbo, vulnerable to arrest, their dreams deferred, their hopes squandered.
Continue reading the NYT Editorial here.
How do I choose the best corporate immigration experts to represent my company?
Ryvin Wallace Group (RWG) provides eight key factors to consider when choosing an immigration legal services provider.
by Christina Lang Wallace, Partner, Ryvin Wallace Group
U.S. businesses that rely on top foreign talent for technical, sales, marketing, support and leadership roles rely heavily on HR personnel or company immigration specialists to bring the foreign employee on-board quickly. All wish for minimum burden to the foreign national or their managers. HR, in turn, relies heavily on immigration law firms and lawyers. At RWG, having managed dozens of immigration programs of varying sizes, we understand the pressure felt by our HR counterparts to hire or transfer foreign talent without delay. We also understand how challenging the process can be and that even simple cases, if not handled correctly, can easily turn into a logistical nightmare – resulting in costly delays, lost business opportunities and unpleasant escalations. In sum, HR should have access to competent immigration counsel, as needed during any busy day, capable of providing quick, practical and cost-effective immigration advice. To help your business effectively outsource the immigration function, here are eight critical factors to look for when choosing your company’s optimal immigration legal services provider:
1.) Not any firm – one practicing Business Immigration (Specialty Area). Find a law firm and make sure it specializes in business or corporate immigration. Review the website of any immigration law firm and look for business immigration. Immediately eliminate notaries (non-lawyer) companies because you do not want to entrust your immigration work to someone who has not developed the analytical skills which come from law school and mentorship by senior lawyers. On the other end of the spectrum, excellent large firms may handle various types of law, even international work, but without a specialty in immigration, they will be learning on your dime or outsourcing your work. Among boutique (specialty) immigration-only firms, care that you do not hire a firm that concentrates on sub-specialties within immigration law unrelated to business/employment, such as asylum, family immigration or removal/deportation.
2.) Breadth of Services. Business immigration covers a breadth of services. Make sure the business or corporate immigration firm you choose can assist you with the variety of business immigration issues affecting you - Temporary Visas (NIVs), green cards including Labor Certifications and other Immigrant Visas (IVs), global personnel transfers, EB-5 Investors. See if the firm has other helpful services for your company, like understanding in cross-border tax issues, immigration policy planning or I-9 training.
3.) Experience Areas. Corporate immigration itself involves additional challenges and focus areas even to the practicing business immigration lawyer. Does the firm have the lawyer(s) who can understand your industry-specific visa issues like work for tech/biotech companies, financial services firms, scientists, aviation, energy, teachers/professors, construction companies? Are they used to dealing with management and executives and familiar with service level and communication standards associated with corporate environments. Has the firm engaged in overseas and global immigration issues if you need them to? Will you need the business immigration firm to answer extra questions on employment verification (I-9s) and management of internal compliance records?
4.) Fees. Keep in mind that there are always three main fees in your immigration representation: the legal fee, the disbursement charges, and the filing fees to the government. Consider whether you wish to use a firm with a Standard Flat Fee pricing structure (typical in immigration law) or whether you are hiring a firm that runs its fees on an hourly basis. You should ask for a Fee Schedule. Flat fees tend to guarantee that you are not paying for negative efficiencies and learning on your dime.
5.) Representation of Interests. Immigration always creates a dual representation situation: the firm doing the work represents your company AND the foreign national. This is unusual in law. Note that many companies are introduced to business immigration lawyers through their foreign workers. Perhaps you are dealing with multiple immigration lawyers brought in by your employees - consider consolidating your immigration matters with one firm that has your company interests in mind. Make sure the lawyers your foreign nationals use understand dual representation and represent your corporate interests. Tell them to communicate with you sufficiently in advance of a decision. Ask the firm to regularly communicate status reports to you on various matters. Ask them to consolidate information on multiple employees to save you time reviewing immigration matters.
6.) Communication/IT Tools. Your immigration law firm should have an IT communication tool for running immigration work. You may want access to allow your company to follow/check certain critical information – the foreign worker’s personal and visa information, expiration dates, company data. The system might allow let you generate your own reports. Nowadays, if you wish to run your reports, you can see reports and data in real-time – do you want that or do you want a once-a month update visa projects being completed or quarterly update delivered by email. These options are available. State your preferences.
7.) Good Lawyering. Don't forget to check the credentials of the law firm. Immigration law, in the complexity as it exists today, is fairly new and as a result the industry is riddled with sloppy lawyering. Has the firm or senior lawyer been practicing immigration law for 10+ years? Have they seen the immigration landscape grow and change? Is the attorney in charge experienced enough and a member of AILA, the American Immigration Lawyers Association (www.aila.org)? Law schools and earlier firm experience, if you can understand and analyze this, are also key factors in how your work will be handled.
8.) Adequate staff. How large is your company and how large is the firm's immigration group? Can they adequately address your company's immigration needs? Some corporations require several immigration lawyers and paralegals to handle the corporation's volume of cases. The vast majority of companies need a single lawyer/paralegal team.
Please do not hesitate to call our experts, Ms. Christina Wallace or Mr. Michael Ryvin, to discuss your company's current immigration services. Ms. Wallace and Mr. Ryvin have been practicing business immigration law for more than 25 years combined and are partners in the firm, Ryvin Wallace Group (www.ryvinlaw.com). Their experience is varied as they have worked in the large and prestigious immigration-only and multi-specialty law firms as well as smaller immigration boutiques, serving many types of companies and business individuals. Their ethics and dedication are reflected in their consulting and legal strategies and carry through the firm’s culture. For a consultation on how to best obtain optimal immigration legal services, please contact Christina Wallace at 703-531-0790, christy@ryvinlaw.com or Michael Ryvin at 415-215-6883, michael@ryvinlaw.com.
by Christina Lang Wallace, Partner, Ryvin Wallace Group
U.S. businesses that rely on top foreign talent for technical, sales, marketing, support and leadership roles rely heavily on HR personnel or company immigration specialists to bring the foreign employee on-board quickly. All wish for minimum burden to the foreign national or their managers. HR, in turn, relies heavily on immigration law firms and lawyers. At RWG, having managed dozens of immigration programs of varying sizes, we understand the pressure felt by our HR counterparts to hire or transfer foreign talent without delay. We also understand how challenging the process can be and that even simple cases, if not handled correctly, can easily turn into a logistical nightmare – resulting in costly delays, lost business opportunities and unpleasant escalations. In sum, HR should have access to competent immigration counsel, as needed during any busy day, capable of providing quick, practical and cost-effective immigration advice. To help your business effectively outsource the immigration function, here are eight critical factors to look for when choosing your company’s optimal immigration legal services provider:
1.) Not any firm – one practicing Business Immigration (Specialty Area). Find a law firm and make sure it specializes in business or corporate immigration. Review the website of any immigration law firm and look for business immigration. Immediately eliminate notaries (non-lawyer) companies because you do not want to entrust your immigration work to someone who has not developed the analytical skills which come from law school and mentorship by senior lawyers. On the other end of the spectrum, excellent large firms may handle various types of law, even international work, but without a specialty in immigration, they will be learning on your dime or outsourcing your work. Among boutique (specialty) immigration-only firms, care that you do not hire a firm that concentrates on sub-specialties within immigration law unrelated to business/employment, such as asylum, family immigration or removal/deportation.
2.) Breadth of Services. Business immigration covers a breadth of services. Make sure the business or corporate immigration firm you choose can assist you with the variety of business immigration issues affecting you - Temporary Visas (NIVs), green cards including Labor Certifications and other Immigrant Visas (IVs), global personnel transfers, EB-5 Investors. See if the firm has other helpful services for your company, like understanding in cross-border tax issues, immigration policy planning or I-9 training.
3.) Experience Areas. Corporate immigration itself involves additional challenges and focus areas even to the practicing business immigration lawyer. Does the firm have the lawyer(s) who can understand your industry-specific visa issues like work for tech/biotech companies, financial services firms, scientists, aviation, energy, teachers/professors, construction companies? Are they used to dealing with management and executives and familiar with service level and communication standards associated with corporate environments. Has the firm engaged in overseas and global immigration issues if you need them to? Will you need the business immigration firm to answer extra questions on employment verification (I-9s) and management of internal compliance records?
4.) Fees. Keep in mind that there are always three main fees in your immigration representation: the legal fee, the disbursement charges, and the filing fees to the government. Consider whether you wish to use a firm with a Standard Flat Fee pricing structure (typical in immigration law) or whether you are hiring a firm that runs its fees on an hourly basis. You should ask for a Fee Schedule. Flat fees tend to guarantee that you are not paying for negative efficiencies and learning on your dime.
5.) Representation of Interests. Immigration always creates a dual representation situation: the firm doing the work represents your company AND the foreign national. This is unusual in law. Note that many companies are introduced to business immigration lawyers through their foreign workers. Perhaps you are dealing with multiple immigration lawyers brought in by your employees - consider consolidating your immigration matters with one firm that has your company interests in mind. Make sure the lawyers your foreign nationals use understand dual representation and represent your corporate interests. Tell them to communicate with you sufficiently in advance of a decision. Ask the firm to regularly communicate status reports to you on various matters. Ask them to consolidate information on multiple employees to save you time reviewing immigration matters.
6.) Communication/IT Tools. Your immigration law firm should have an IT communication tool for running immigration work. You may want access to allow your company to follow/check certain critical information – the foreign worker’s personal and visa information, expiration dates, company data. The system might allow let you generate your own reports. Nowadays, if you wish to run your reports, you can see reports and data in real-time – do you want that or do you want a once-a month update visa projects being completed or quarterly update delivered by email. These options are available. State your preferences.
7.) Good Lawyering. Don't forget to check the credentials of the law firm. Immigration law, in the complexity as it exists today, is fairly new and as a result the industry is riddled with sloppy lawyering. Has the firm or senior lawyer been practicing immigration law for 10+ years? Have they seen the immigration landscape grow and change? Is the attorney in charge experienced enough and a member of AILA, the American Immigration Lawyers Association (www.aila.org)? Law schools and earlier firm experience, if you can understand and analyze this, are also key factors in how your work will be handled.
8.) Adequate staff. How large is your company and how large is the firm's immigration group? Can they adequately address your company's immigration needs? Some corporations require several immigration lawyers and paralegals to handle the corporation's volume of cases. The vast majority of companies need a single lawyer/paralegal team.
Please do not hesitate to call our experts, Ms. Christina Wallace or Mr. Michael Ryvin, to discuss your company's current immigration services. Ms. Wallace and Mr. Ryvin have been practicing business immigration law for more than 25 years combined and are partners in the firm, Ryvin Wallace Group (www.ryvinlaw.com). Their experience is varied as they have worked in the large and prestigious immigration-only and multi-specialty law firms as well as smaller immigration boutiques, serving many types of companies and business individuals. Their ethics and dedication are reflected in their consulting and legal strategies and carry through the firm’s culture. For a consultation on how to best obtain optimal immigration legal services, please contact Christina Wallace at 703-531-0790, christy@ryvinlaw.com or Michael Ryvin at 415-215-6883, michael@ryvinlaw.com.
I-9 Guidance in Response to New Puerto Rico Birth Certificate Law
Courtesy of AILA.org, below please find guidance regarding I-9 and immigration-related discrimination issues in response to the invalidation of pre - July 1, 2010 Puerto Rico birth certificates:
Q _ A_Puerto Rican Birth Certificates_AILA Verification and Documentation Committee
Q _ A_Puerto Rican Birth Certificates_AILA Verification and Documentation Committee
Undocumented and Abused: A Texas Case Study of Children in the Child Protective Services System
by Jane Burstain, Ph.D, Senior Policy Analyst, Center for Public Policy Priortities, in Austin, Texas
Read the CPPP Report.
How to best regulate immigration and treat immigrants — both those lawfully and unlawfully here—are hotly debated questions. To promote responsible action, the center recently proposed a common-sense set of principles to secure our borders and reform our immigration system. Now we turn our attention to a much smaller issue, perhaps one on which consensus may be more readily reached: How should the United States deal with undocumented children who are here through no fault of their own and have suffered abuse or neglect? Using Texas as a case study, this paper looks at who these children are and discusses why a blanket policy to send them home will not work. It also discusses how to improve the process through which these children can obtain legal residency. Finally, this paper explains how federal immigration and child welfare law should be aligned to ensure our country acts responsibly and that the federal government provides the necessary financial support to the states to care for this vulnerable population.
Read the CPPP Report.
Immigration law in Arizona is no model for Texas
By Charles C. Foster
Houston Chronicle
Continue reading the article here.
Houston Chronicle
So what would the Arizona law add to what is already being done locally? The Arizona law says a person can be arrested solely because there is a "reasonable suspicion" that he or she is in the United States without proper documentation. The statute further says that a law enforcement officer who fails to detain an individual — based upon a "reasonable suspicion" that they are in the United States without proper documentation - is subject to being sued in court by any citizen. This law is opposed by police chiefs in Arizona as bad public policy. They question giving the priority of scant law enforcement resources to arrest individuals who are committing no crime other than a prior entry without the proper documentations, often a decade or two earlier, and are nonviolent.
Make no mistake. If enacted, this law will be used primarily to arrest mothers driving their children to school or going to work as a waitress at your favorite restaurant or to arrest a father driving to work on one of your favorite construction- or road-expansion projects or to care for your lawn. The Arizona police chiefs ask a good question Texans should consider. Why should the state take financial responsibility for enforcing U.S. immigration laws that treat both those who overstay their immigration status and, for the most part, those who entered the country illegally without proper documentation as a civil matter and not even as a crime?
Further, claims that America has an unenforced border are simply false. The budget for border enforcement went from $9.1 billion in 2003 to $17.2 billion this year. The annual budget for the U.S. Border Patrol alone has increased 714 percent since 1992. The deportations by the Obama administration are significantly higher than in the past. In addition, President Obama recently sent 1,200 additional National Guard troops to the Mexican border and has obtained $600 million in additional funding. Several sophisticated $10 million drones will also be patrolling the border joining other high tech detections systems. One could, in fact, argue that the U.S.-Mexico border is more secure than ever before.
Still, some politicians regularly say that the Arizona law is a response to a federal failure to secure our border. But rather than misleading the American public, our elected officials should support legislation that would actually work - not just recite divisive and misleading political rhetoric.
Continue reading the article here.
DREAM Act: A Route to Citizenship in Defense Bill (WSJ) / David Cho at the Campus Progress National Conference
Related Article in the Wall Street Journal by Miriam Jordan:
A Route to Citizenship in Defense Bill
Legislation Offers Illegal Residents Chance to Become Americans Through Military Service or College; Foes Call It Amnesty
LOS ANGELES — David Cho, an honor student and leader of the UCLA marching band, plans to join the U.S. Air Force after he graduates in the spring—if Congress lets him.
Mr. Cho is among the potential beneficiaries of the Development, Relief and Education for Alien Minors bill—informally known as the Dream Act—that would give some illegal immigrants a shot at becoming U.S. citizens.
The bill would grant six years of legal residency to high-school graduates who have lived in the U.S. continuously for five years and arrived by the age of 15. They would become eligible for citizenship if they attend college or serve in the military for two years during the legal residency period.
Senate Majority Leader Harry Reid (D., Nev.) said this week that he planned to attach the Dream Act to the defense-authorization bill next week.
Continue reading WSJ article.
Saturday, September 18, 2010
NAFTA TN Professionals from Canada or Mexico: The List & Management Consultants
TN or "Trade Nafta" status is available to Citizens of Canada or Mexico seeking temporary entry to the United States under NAFTA (North American Free Trade Agreement) to engage in business activities at a professional level.
“Activities at a Professional Level” under NAFTA are defined as having to fall into a profession on the NAFTA List and requiring at least a baccalaureate degree or appropriate credentials demonstrating status as a professional. TNs, unlike H-1Bs, enjoy no statutory limitation on stay, but must prove their intent not to immigrate.
The List of Professions designated by NAFTA is provided below for your reference:
NAFTA Professionals List
Further, a special note for Management Consultants:
Every designated profession included in above list require possession of some post secondary education (usually a Bachelor's degree) and a license (if applicable) with the exception of two - the Management Consultant & Scientific Technician Technologist.
While some straight-forward Canadian TN applications might be approved by US CBP with nothing more than a passport, job offer letter, and copy of the applicant’s degree - the Management Consultant application, in particular, requires substantially more information and preparation.
The extra attention from immigration officials stems from a widely held belief that the Management Consultant category is one of the most widely abused US visa categories. Remember, it is one of only two categories which do not require post secondary qualifications, so you can imagine that many non-degreed professionals have tried their luck with this category, after realizing they cannot qualify for any of the other listed professions.
The IFM (Inspectors Field Manual) defines a Management Consultant as someone who:
Although the applicant does not need any post-secondary education, he or she must establish five years of professional level experience, either as a Management Consultant or in a field or specialty related to the consulting agreement. This experience is generally established through reference letters from prior employers.
Further, Management Consultants should not be involved in the day-to-day operations of a company. Rather, they should be separate from its operations and looking objectively at its activities to identify areas for improvement and make suggestions to company management.
Further, applicants should also be prepared for extensive questioning at the Port of Entry/Pre-Flight Inspection where the application is being submitted; AND the employer should be ready to field questions as well. Yes, US CBP has been known to call the employer in the US, from the Port of Entry to ask questions about the application.
Procedure: Note the TN application may be made in person by submitting paperwork to US Customs & Border Protection (CBP) at a US/Canadian Port of Entry or Pre-Flight Inspection. Also note that Mexican applicant's must first apply for a TN visa stamp at a US Embassy or Consulate, before presenting themselves to CBP.
Finally, recent changes in the law now allow applicants to seek three years of TN status, instead of only one.
Our attorneys have extensive experience working with this visa category, in particular with Canadians making cross border applications, and are ready to answer your questions.
“Activities at a Professional Level” under NAFTA are defined as having to fall into a profession on the NAFTA List and requiring at least a baccalaureate degree or appropriate credentials demonstrating status as a professional. TNs, unlike H-1Bs, enjoy no statutory limitation on stay, but must prove their intent not to immigrate.
The List of Professions designated by NAFTA is provided below for your reference:
NAFTA Professionals List
Further, a special note for Management Consultants:
Every designated profession included in above list require possession of some post secondary education (usually a Bachelor's degree) and a license (if applicable) with the exception of two - the Management Consultant & Scientific Technician Technologist.
While some straight-forward Canadian TN applications might be approved by US CBP with nothing more than a passport, job offer letter, and copy of the applicant’s degree - the Management Consultant application, in particular, requires substantially more information and preparation.
The extra attention from immigration officials stems from a widely held belief that the Management Consultant category is one of the most widely abused US visa categories. Remember, it is one of only two categories which do not require post secondary qualifications, so you can imagine that many non-degreed professionals have tried their luck with this category, after realizing they cannot qualify for any of the other listed professions.
The IFM (Inspectors Field Manual) defines a Management Consultant as someone who:
provides services which are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity's goals, objectives, policies, strategies, administration, organization and operation. Management Consultants are usually independent contractors or employees of consulting firms under contracts to U.S. entities.
Although the applicant does not need any post-secondary education, he or she must establish five years of professional level experience, either as a Management Consultant or in a field or specialty related to the consulting agreement. This experience is generally established through reference letters from prior employers.
Practice Tip: After reading these letters, an immigration official should come away with an understanding of why the applicant is qualified to provide the proposed consulting services.
Further, Management Consultants should not be involved in the day-to-day operations of a company. Rather, they should be separate from its operations and looking objectively at its activities to identify areas for improvement and make suggestions to company management.
Practice Tip: In the US company support letter, which confirms the applicant is coming to the US to provide "pre-arranged professional services", there should be a sufficient explanation of company operations, beyond the usual stats, ie, company description, number of employees, revenues, etc. The additional explanation should serve to justify the need to bring the Management Consultant on-board, with documentation to support it, where applicable.
Further, applicants should also be prepared for extensive questioning at the Port of Entry/Pre-Flight Inspection where the application is being submitted; AND the employer should be ready to field questions as well. Yes, US CBP has been known to call the employer in the US, from the Port of Entry to ask questions about the application.
Procedure: Note the TN application may be made in person by submitting paperwork to US Customs & Border Protection (CBP) at a US/Canadian Port of Entry or Pre-Flight Inspection. Also note that Mexican applicant's must first apply for a TN visa stamp at a US Embassy or Consulate, before presenting themselves to CBP.
Finally, recent changes in the law now allow applicants to seek three years of TN status, instead of only one.
Practice Tip: As a practical matter, it might not be advisable to seek three years for a Management Consultant, unless you can justify the need for this length of time. We often ask for a term which matches the duration of the consulting agreement. If contract lasts longer than one year, we see if it makes sense to break down the consulting services into separate, successive phases.
Our attorneys have extensive experience working with this visa category, in particular with Canadians making cross border applications, and are ready to answer your questions.
Friday, September 17, 2010
Pass the DREAM Act
By Ruben Navarrette, Jr., Special to CNN
Editor's note: Ruben Navarrette Jr. is a nationally syndicated columnist, an NPR commentator and a regular contributor to CNN.com.
Link.
Editor's note: Ruben Navarrette Jr. is a nationally syndicated columnist, an NPR commentator and a regular contributor to CNN.com.
San Diego, California (CNN) -- The single most divisive immigration reform proposal out there isn't what you think it is.
It isn't what restrictionists call "amnesty" -- what the rest of us, who can think beyond sound bites, understand to be earned legal status for illegal immigrants. That concept gets the headlines, but it's not the one splitting allies down the middle in the immigration reform community.
That distinction goes to the DREAM Act, a bill that was first proposed back in 2007 but now seems headed to a vote in the Senate next week, thanks to a better-late-than-never push from Senate Majority Leader Harry Reid.
DREAM stands for Development, Relief and Education for Alien Minors, and it's the brainchild of Sen. Dick Durbin, D-Illinois, and Sen. Richard Lugar, R-Indiana. The bill targets young people who are in the country illegally, offering them "conditional permanent residency" if they arrived before they were 16 and if they attend college or serve in the military.
Once they graduate or complete their enlistment, they would get permanent legal residency with a chance to eventually apply for U.S. citizenship. Anyone who didn't participate by enrolling in college or joining the military would be subject to deportation.
Link.
Q & A: Student Visas (F-1, M-1) in Hyderabad, India
Question: I wish to apply for student visa in Hyderabad, India. What can I expect?
Answer: Please see the following general guidelines for students and exchange visitor visa applicants in Hyderabad:
Persons applying for initial-entry F-1, F-2, M-1, or M-2 visas may be issued these visas up to 120 days before the program start date as listed on their I-20s. However, students may not enter the United States more than 30 days in advance of the program start date indicated on the Form I-20. Applicants continuing on a student visa are not subject to this restriction. Continuing students may apply for new F or M visas at any time, as long as they have maintained legal student status previously and their SEVIS records are current. Continuing students may also enter the United States at any time before their classes start.
SEVIS, the SEVIS Fee, and SEVP
SEVIS stands for Student and Exchange Visitor Information System (SEVIS) is an Internet-based system that maintains data on foreign students and exchange visitors, as well as their dependents, before and during their stay in the United States. It is a key part of Student and Exchange Visitor Program (SEVP) administered by the Immigration and Customs Enforcement (ICE) within the DHS. Student or exchange visitor visa applicants (F-1, M-1, and J-1 visas) in most cases must pay the SEVIS fee (also known as the SEVIS I-901 fee). The SEVIS fee financially supports the SEVP and SEVIS. For information about cost of the fee and the payment processes and options, visit the ICE website at www.ice.gov/sevis/i901/index.htm. Applicants applying for visas with Forms I-20 or DS-2019 processed after September 1, 2004, are required to provide the SEVIS I-901 fee receipt as proof of payment.
Further Instructions and Information
- Do not pay the SEVIS fee before the applicant has a Form I-20 or DS-2019;
- The applicant should pay the SEVIS fee before the visa interview appointment. Do not leave payment of this fee to the last minute;
- Make sure the applicant obtains a SEVIS fee payment receipt;
- The applicant must bring the SEVIS fee payment receipt to the visa interview. The applicant will need this proof of payment to obtain a student or exchange visitor visa;
- If the applicant has a spouse or child who has F-2, M-2, or J-2 visa or is applying for one of these types of visas, they are not required pay the SEVIS fee; and
- The SEVIS fee is non-refundable.
To qualify for a student visa, applicants must provide evidence of the following:
- Present intent to return to India at the conclusion of studies (This is subjective and may call for the help of immigration counsel);
- That the student is a bona fide student who will be able to successfully complete a full course of study in the United States;
- That the prospective student has sufficient English language ability to undertake the intended course of study, if the program requires English language; and
- That the prospective student has sufficient funds to cover the first year of tuition and living expenses, plus access to a continuing source of funds to cover subsequent years.
In support of the above, student visa applicants must provide the following documents:
- Original signed Form I-20 from the school or university;
- Scores from standardized tests required by the educational institution, such as the TOEFL, SAT, GRE, GMAT, etc.;
- For prospective master’s degree students, original undergraduate degree certificate and mark sheets (if the original degree or mark sheets are unavailable, provisional certificates and/or photocopies may be submitted). Bachelor’s degree students may submit their most recent mark sheets or graduation certificate, as applicable; and
- Proof of funds to cover at least first year of studies. If the program lasts longer than one year, the applicant should be able to communicate how subsequent years will be paid for. Some of the most common documentation includes six months of bank records, employment letter(s) of the sponsor, and/or chartered account statements.
Students who have obtained bank loans may also provide a letter from the bank stating the same. Additionally, students who have pre-paid any fees may provide a letter from the school or university stating the same. Students receiving aid from their prospective school or university not indicated on the Form I-20 should provide a letter stating the nature and amount of aid to be provided.
Answer: Please see the following general guidelines for students and exchange visitor visa applicants in Hyderabad:
Persons applying for initial-entry F-1, F-2, M-1, or M-2 visas may be issued these visas up to 120 days before the program start date as listed on their I-20s. However, students may not enter the United States more than 30 days in advance of the program start date indicated on the Form I-20. Applicants continuing on a student visa are not subject to this restriction. Continuing students may apply for new F or M visas at any time, as long as they have maintained legal student status previously and their SEVIS records are current. Continuing students may also enter the United States at any time before their classes start.
SEVIS, the SEVIS Fee, and SEVP
SEVIS stands for Student and Exchange Visitor Information System (SEVIS) is an Internet-based system that maintains data on foreign students and exchange visitors, as well as their dependents, before and during their stay in the United States. It is a key part of Student and Exchange Visitor Program (SEVP) administered by the Immigration and Customs Enforcement (ICE) within the DHS. Student or exchange visitor visa applicants (F-1, M-1, and J-1 visas) in most cases must pay the SEVIS fee (also known as the SEVIS I-901 fee). The SEVIS fee financially supports the SEVP and SEVIS. For information about cost of the fee and the payment processes and options, visit the ICE website at www.ice.gov/sevis/i901/index.htm. Applicants applying for visas with Forms I-20 or DS-2019 processed after September 1, 2004, are required to provide the SEVIS I-901 fee receipt as proof of payment.
Further Instructions and Information
- Do not pay the SEVIS fee before the applicant has a Form I-20 or DS-2019;
- The applicant should pay the SEVIS fee before the visa interview appointment. Do not leave payment of this fee to the last minute;
- Make sure the applicant obtains a SEVIS fee payment receipt;
- The applicant must bring the SEVIS fee payment receipt to the visa interview. The applicant will need this proof of payment to obtain a student or exchange visitor visa;
- If the applicant has a spouse or child who has F-2, M-2, or J-2 visa or is applying for one of these types of visas, they are not required pay the SEVIS fee; and
- The SEVIS fee is non-refundable.
To qualify for a student visa, applicants must provide evidence of the following:
- Present intent to return to India at the conclusion of studies (This is subjective and may call for the help of immigration counsel);
- That the student is a bona fide student who will be able to successfully complete a full course of study in the United States;
- That the prospective student has sufficient English language ability to undertake the intended course of study, if the program requires English language; and
- That the prospective student has sufficient funds to cover the first year of tuition and living expenses, plus access to a continuing source of funds to cover subsequent years.
In support of the above, student visa applicants must provide the following documents:
- Original signed Form I-20 from the school or university;
- Scores from standardized tests required by the educational institution, such as the TOEFL, SAT, GRE, GMAT, etc.;
- For prospective master’s degree students, original undergraduate degree certificate and mark sheets (if the original degree or mark sheets are unavailable, provisional certificates and/or photocopies may be submitted). Bachelor’s degree students may submit their most recent mark sheets or graduation certificate, as applicable; and
- Proof of funds to cover at least first year of studies. If the program lasts longer than one year, the applicant should be able to communicate how subsequent years will be paid for. Some of the most common documentation includes six months of bank records, employment letter(s) of the sponsor, and/or chartered account statements.
Students who have obtained bank loans may also provide a letter from the bank stating the same. Additionally, students who have pre-paid any fees may provide a letter from the school or university stating the same. Students receiving aid from their prospective school or university not indicated on the Form I-20 should provide a letter stating the nature and amount of aid to be provided.
Q & A: I-140 portability under AC-21 with a big jump in salary
Question: I have an approved I-140 for Company A, priority date in January 2007, adjustment of status pending since August 2007. I moved to Company B with a valid EAD and my salary doubled from $65K to $125K. I am getting another offer with Company C, for 140K want to join until I get my green card. I heard multiple job change/significant increase in salary negatively impacts my ability to adjust status to green card. Will a salary jump from 65K (noted in original labor certification) to 140K have a negative impact on my adjustment of status case?
Answer: The number of job changes should not be a concern. Further, AC-21 does not impose a requirement that your new employer pay you the prevailing wage specified in your prior labor certification application. Your eligibility to adjust status to green card is based on whether or not your new job is in the same or similar occupational classification.
USCIS guidance (memoranda) does indicate that a “substantial discrepancy” between the wage offered for the initial position and the wage offered for the new position, may be factored into a decision about whether similarity exists. In other words, if the difference in wages is “substantial” USCIS might question whether the new job is truly the same or similar to the job described in your labor certification.
Note the following relevant portions from a Michael Aytes memo dated December 27, 2005:
Answer: The number of job changes should not be a concern. Further, AC-21 does not impose a requirement that your new employer pay you the prevailing wage specified in your prior labor certification application. Your eligibility to adjust status to green card is based on whether or not your new job is in the same or similar occupational classification.
USCIS guidance (memoranda) does indicate that a “substantial discrepancy” between the wage offered for the initial position and the wage offered for the new position, may be factored into a decision about whether similarity exists. In other words, if the difference in wages is “substantial” USCIS might question whether the new job is truly the same or similar to the job described in your labor certification.
Note the following relevant portions from a Michael Aytes memo dated December 27, 2005:
Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Freedom of Information Act (FOIA) Request Links & Instructions
USCIS Freedom of Information Act (FOIA) and Privacy Act (PA) Contact:
U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Live Assistance: 1-800-375-5283
Fax (816) 350-5785
uscis.foia@dhs.gov
Link to USCIS Webpage & Instructions.
Link to USCIS FOIA Request Guide.
Link to Form G-639 Form & Instructions.
U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Live Assistance: 1-800-375-5283
Fax (816) 350-5785
uscis.foia@dhs.gov
Link to USCIS Webpage & Instructions.
Link to USCIS FOIA Request Guide.
Link to Form G-639 Form & Instructions.
AAO (Administrative Appeals Office) Processing Times
This chart shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
Administrative Appeals Office Processing Times as of 8-1-2010
Link to AAO Processing Times.
Administrative Appeals Office Processing Times as of 8-1-2010
Link to AAO Processing Times.
Immigration Agency’s Tactic Spurs Alarm
By Kirk Semple
New York Times
Link.
New York Times
In his short life, Ousmane Coulibaly, a 19-year-old high school senior in Manhattan, has seen plenty of adversity. He grew up poor in Mali, was estranged from his family at 13 and has lived on the street there and in New York. An illegal immigrant, he is staying in a homeless shelter while he tries to graduate and obtain a special immigration status reserved for young people who have been abandoned or abused.
But now he is facing a different kind of challenge: an investigation by immigration authorities who have subpoenaed his school records, without explaining why.
The subpoena, which New York City school officials say is highly unusual here, has raised alarm among some immigration lawyers and civil libertarians who say they fear that the federal government is opening a new front in immigration enforcement, in a city where officials have staunchly defended immigrant rights.
Link.
Businesses wary as ICE announces more I-9 audits
By PĂ©ralte C. Paul
The Atlanta Journal-Constitution
Link.
The Atlanta Journal-Constitution
They’re saying, ‘Are we compliant? Are our I-9s in order?’ I think companies are starting to see that this isn’t something that we can sweep under the rug.”
Immigration and Customs Enforcement officials last month informed Congress that the agency is auditing employers nationwide to see whether they are hiring undocumented workers.
Fines for paperwork violations range from $110 to $1,100, and knowingly hiring undocumented workers can cost a company up to $11,000 per violation.
Immigration attorneys say enterprises in areas such as manufacturing, hotels and hospitality, construction, and janitorial services face additional scrutiny because of past problems with illegal workers.
Under the Bush administration, which sought immigration reform as well, the focus was on illegal employees, he said.
Now, ICE’s level of scrutiny hasn’t changed with the Obama administration, but the agency seems to be focusing its enforcement on employers, lawyers say.
Link.
Thursday, September 16, 2010
AILA Welcomes Senator Reid's Commitment to the DREAM Act; urges all Senators to support the bill
WASHINGTON, DC – The American Immigration Lawyers Association (AILA) applauds this week’s announcement that Senate Majority Leader Harry Reid (D-NV) will bring up the bi-partisan DREAM Act as an amendment to the Defense Reauthorization bill. AILA believes this is a welcome and positive step forward toward real immigration reform and urges all Senators to vote in support of the bill.
“The DREAM Act would give deserving kids a chance to earn legal status in the U.S.,” said AILA President David Leopold. “The young people who will be helped by the DREAM Act are among our nation’s finest students. They have worked hard in school and wish to pursue higher education or serve in the US Armed Forces. Their status as undocumented immigrants is the only thing standing in the way of their pursuit of success and opportunity in America.”
First introduced in the Senate during the 108th Congress, the DREAM Act has consistently won support from both parties, but has not successfully passed through either chamber. AILA Executive Director, Crystal Williams said, “The DREAM Act is bipartisan legislation that enables high-achieving young people who have grown up here and who are American in all but their paperwork to continue on their paths of success without fear of deportation to a country they’ve never known. Its passage would benefit all American communities.”
Arizona AILA attorney Mo Goldman said, “Our legal community works with thousands of students whose only immigration relief would come with passage of DREAM.” Goldman became an active proponent of the DREAM Act after representing several students who could benefit from its relief. He continued, “We stand united in support of our clients who have worked very hard to succeed here, but who are confronted with a huge immigration obstacle that holds them in the shadows of our communities instead of out front as young leaders.”
Leopold added, “It is time to pass this important stepping stone to comprehensive immigration reform and we commend Senator Reid for bringing this forward for a vote. We are eager to work with the Majority Leader and other members of both parties to pass this vital legislation and to end one of the more counterproductive parts of our immigration system.”
On Friday, September 24, AILA will host an event at its fall conference in San Antonio, Texas to celebrate DREAM students and the DREAM Act. The event is scheduled from 2:00 – 3:00pm in the San Antonio Terrace at the JW Marriott San Antonio Hill Country Resort and Spa.
###
The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
“The DREAM Act would give deserving kids a chance to earn legal status in the U.S.,” said AILA President David Leopold. “The young people who will be helped by the DREAM Act are among our nation’s finest students. They have worked hard in school and wish to pursue higher education or serve in the US Armed Forces. Their status as undocumented immigrants is the only thing standing in the way of their pursuit of success and opportunity in America.”
First introduced in the Senate during the 108th Congress, the DREAM Act has consistently won support from both parties, but has not successfully passed through either chamber. AILA Executive Director, Crystal Williams said, “The DREAM Act is bipartisan legislation that enables high-achieving young people who have grown up here and who are American in all but their paperwork to continue on their paths of success without fear of deportation to a country they’ve never known. Its passage would benefit all American communities.”
Arizona AILA attorney Mo Goldman said, “Our legal community works with thousands of students whose only immigration relief would come with passage of DREAM.” Goldman became an active proponent of the DREAM Act after representing several students who could benefit from its relief. He continued, “We stand united in support of our clients who have worked very hard to succeed here, but who are confronted with a huge immigration obstacle that holds them in the shadows of our communities instead of out front as young leaders.”
Leopold added, “It is time to pass this important stepping stone to comprehensive immigration reform and we commend Senator Reid for bringing this forward for a vote. We are eager to work with the Majority Leader and other members of both parties to pass this vital legislation and to end one of the more counterproductive parts of our immigration system.”
On Friday, September 24, AILA will host an event at its fall conference in San Antonio, Texas to celebrate DREAM students and the DREAM Act. The event is scheduled from 2:00 – 3:00pm in the San Antonio Terrace at the JW Marriott San Antonio Hill Country Resort and Spa.
###
The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
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