Immigration Brain

The January 6, 2012, DHS Announcement about Planned Changes to Processing for Unlawful Presence Waivers

2012-01-28T10:32:00.000-08:00

Frequently Asked Questions
What was announced on January 6?
DHS announced on January 61 that it will be issuing new regulations for how unlawful
presence waivers will be processed for certain immediate relatives of U.S. citizens who
are filing immigrant visa applications abroad. Specifically, the new procedure will allow
these individuals to file for a provisional unlawful presence waiver in the U.S. If
approved, they will still have to depart the U.S. to undergo visa processing and an
interview at a U.S. consulate abroad. To receive a provisional waiver, they will still need
to show that a lengthy bar from the U.S. would cause their U.S. citizen spouse or parent
“extreme hardship.”
What is the current process and why is the change necessary?
Currently, many relatives of U.S. citizens and lawful permanent residents face
unnecessary and dangerous bureaucratic hurdles when they apply for lawful permanent
residence (“green card”). In order to be granted permanent residence, these applicants
are required to travel to a U.S. consulate in their home country to be interviewed and wait
for the visa to be processed. But departure from the U.S. triggers a 3- or 10-year bar to
re-entry for many applicants—specifically those who have been unlawfully present in the
U.S. for more than 180 days.
Individuals subject to this re-entry bar may apply for a waiver (using DHS Form I-601;
see 8 U.S.C. 1182(a)(9)(B)(v)) so that they do not have to face years of separation from
their family. To qualify, they must demonstrate that their U.S citizen or permanent
resident spouse or parent would experience “extreme hardship” if the waiver is not
granted. But under the current process, individuals can only apply for the waiver in the
home country, after having had an initial interview at the consulate. The decision on the
waiver often takes weeks, months or even years to be completed. Meanwhile, families
are separated, and the spouses and children of U.S. citizens and lawful permanent
residents are forced to endure potentially dangerous situations in the home country until
the waiver is granted and they can return to the U.S.
Immigration law provides that U.S. citizens and lawful permanent residents can apply for
“green cards” for their foreign-born spouses and children. But the lengthy delays and
risks in the current waiver procedure discourage many family members from completing
1 Notice will be published in the Federal Register on January 9.
AILA InfoNet Doc. No. 12010620. (Posted 1/6/12)
AILA FAQs Page 2 of 3
January 6, 2012 DHS Waiver Procedure Announcement
the process of legal immigration. Family members have been assaulted or killed while
waiting for waivers to be reviewed.
What will the new process be?
The new procedure will allow certain immediate relatives of U.S. citizens apply for
waivers of the unlawful presence bars while remaining in the U.S. If the individual is
found eligible, USCIS will grant a provisional waiver. He or she will still have to depart
the U.S. and visit a U.S. consulate abroad to apply for an immigrant visa. During the
immigrant visa interview, the consular officer will make the finding of inadmissibility
based on unlawful presence and apply the provisional waiver. If other grounds of
inadmissibility are found, the individual would need to submit another waiver
application, if eligible, while abroad. In many cases, the provisional waiver will reduce
the wait period abroad and the separation from the applicant’s family by several months
or years.
Individuals will still need to meet the extreme hardship standard established in existing
law to obtain a waiver. The January 6 notice states that USCIS does not intend to modify
the standard.
Who will be able to use the new process?
As announced in the January 6 notice, the new regulation will change the application
process only for immediate relatives whose U.S. citizen spouse or parent would suffer
extreme hardship if the bar is not waived.
Who is left out of the new process?
According to the January 6 notice, the new process will not apply to family members of
lawful permanent resident petitioners. It will also not include immediate relatives if their
qualifying relative for the hardship waiver is not a U.S. citizen spouse or parent. These
individuals will still need to apply under the existing procedure (departing the country
first and applying for the waiver while abroad). There is no valid reason not to apply the
same procedure to these individuals whose spouses and children face the same
bureaucratic delays, obstacles and dangers when required to wait abroad for their waiver
adjudications.
The new procedure will apply only to individuals who are subject to the 3- and 10-year
bars for unlawful presence. Individuals who are subject to other grounds of
inadmissibility are not affected under the new process and will still have to depart the
U.S. before applying for any waiver.
When will the new regulations and process be implemented?
The new provisional waiver procedure has not yet taken effect. The notice issued on
January 6 announces the government’s intent to issue a proposed regulation at a future
date. Next, DHS will issue a Notice of Proposed Rulemaking (NPRM) that will include a
proposed regulation governing the waiver process and will invite public comment. The
notice states that the new waiver process will not be implemented until a final rule is
issued and the change becomes effective.
AILA InfoNet Doc. No. 12010620. (Posted 1/6/12)
AILA FAQs Page 3 of 3
January 6, 2012 DHS Waiver Procedure Announcement
What should current and prospective waiver applicants do at this time?
The January 6 announcement has not changed anything in the current waiver procedure.
The notice discourages the filing of applications for provisional waivers and states that
such requests will be rejected. The new procedure will not take effect until a final
regulation is issued.
Once the new procedure takes effect, individuals with pending applications for unlawful
presence waivers will not qualify under the new procedure.
Individuals with a waiver application in process, or contemplating an application, may
wish to consult with an attorney before filing, paying a fee or leaving the country, in
order to explore the best alternative at this time.
What is the cost for applying for a waiver under the new procedure?
The January 6 announcement does not mention a change in the application fee for filing a
waiver application (Form I-601). The current fee is $585.
How will the new procedure improve government efficiency? Under the current
procedure, waiver applications are filed by individuals who have departed the U.S. and
are applying at U.S. consulates abroad. However, those waiver applications are not
adjudicated by the U.S. consulate. Instead, they are forwarded to USCIS. Wait times for
processing waivers can be months or years. Processing these applications in the U.S. will
save government resources at the consulates and reduce the costs of shifting cases back
and forth between government agencies.
AILA InfoNet Doc. No. 12010620. (Posted 1/6/12)

New Regulations Will Allow Immediate Relatives to Apply For Unlawful Presence Waiver in the US, Before Returning Home

2012-01-10T08:10:00.000-08:00

USCIS announced that it was amending its regulations to permit Immediate Relatives who are not eligible for adjustment of status to apply for an unlawful presence waiver in the US before returning home for final visa processing at the US consulate. The new regulation, not yet in effect, will only apply to spouses of US citizens, children under 21 of US citizens, and parents of US citizen sons and daughters who are 21 or older.

The new regulation will eliminate the long separation period- often more than a year- that usually occurs when an immigrant who has lived illegally in the US for more than 6 months must return home for final visa processing. Immigrants who enter the US without inspection cannot generally adjust status to permanent residency without returning home, even if they are married to a US citizen.

Obama To Ease Deportations of Noncriminals

2011-08-19T07:44:00.000-07:00

The Obama Administration formally announced yesterday its support for a policy of easing deportations of non criminal immigrants. The announcement came in the form of a letter from DHS Secretary Janet Napolitano to Senator Dick Durbin and 21 other senators. The policy change will allow the government to concentrate its limited resources on deporting criminals while halting the removal of noncriminal immigrants with close family ties to American citizens and permanent residents.
The Napolitano letter is a formal endorsement of a policy change that has been slowly underway at immigration offices around the country this summer. It began with a memo from ICE Director John Morton on June 17 that announced his department would use “prosecutorial discretion” to halt the arrest, detention, and removal of noncriminal immigrants “to ensure that the agency’s immigration enforcement resources are focused on the agency’s enforcement priorities.”
This policy reversal is an admission by the Administration of the failure of its “get tough” policy of increasing deportations of undocumented immigrants that has infuriated Latino organizations without appeasing any of the anti-immigration lobby. The policy has clogged the immigration courts with over 300,000 cases leading to backlogs in many courts of 2-4 years and longer.
The new policy was discussed in a White House blog by Cecilia Muñoz, Director of Intergovernmental Affairs who stated, “There are more than 10 million people who are
in the U.S. illegally; it’s clear that we can’t deport such a large number. So the Administration has developed a strategy to make sure we use those resources in a way that puts public safety and national security first.” Ms. Muñoz further stated noted that the Administration “will be applying common sense guidelines to make these decisions, like a person’s ties and contributions to the community, their family relationships and military service record.”

In practical terms, it is still unclear how DHS will proceed. We have seen the first stages of this policy implemented over the summer as government attorneys have been quick to move to terminate deportation proceedings against noncitizens who clearly qualify for relief, including spouses or parents of U.S. citizens. We have also seen a more lenient policy with regard to motions to reopen prior deportation proceedings, particularly where the individual is now eligible to apply for a green card.

Still uncertain is how the program will be expanded. The administration is hinting at providing work authorization for immigrants who would qualify under the Dream Act, a proposed law that would give eventual citizenship to those who were brought to the U.S. as children and have completed high school and college or military service. Would this policy also apply to young people who have so far escaped detection and arrest by ICE? Would it include others who do not qualify under the Dream Act but are raising families in the U.S. and paying taxes? Will applicants first have to be placed in removal proceedings to get work cards? How will the administration deal with deserving individuals who have existing deportation orders but have never returned home?

The Administration has yet to answer any of these questions other than to say they will review these maters on a “case by case basis.”

Temporary Protected Status Extended for Haitians

2011-05-20T07:58:00.000-07:00

The Obama administration recently announced that Haitians who received temporary protected immigration status (TPS) due to the massive earthquake striking their country last year will be allowed an additional year and a half to live and work in the United States.

Initially, TPS was available to all Haitians who continuously resided in the U.S. since the day of the earthquake: January 12, 2010. Under the new law, Haitians who have arrived as late as January 12, 2011 and have continuously resided in the U.S. may obtain TPS. The extension will not be granted to people who have been convicted of a felony or at least two misdemeanors and will expire on Jan. 22, 2013.

To this day approximately 48,000 Haitians living in the United States have secured temporary protected status since the earthquake, and an estimated 10,000 more would be eligible under the extension.

Guidelines from immigration services were issued last week and can be found at www.uscis.gov.

"Google, eBay, Intel and Yahoo! All Had Founders Who Were Born Overseas"

2011-05-19T07:35:00.001-07:00

The NY Daily News reports that Mayor Bloomberg met with the world-wide winners and finalists of a program that allows them to launch their businesses in New York City. In addition to $15,000 to $20,000, the winners also receive free office space for six months.

Meeting these foreign born individuals, Mayor Bloomberg stated his desire for immigration restrictions to be removed so that it would be easier for immigrants to begin business and ventures in New York. He stated that "we must continue to attract the best, brightest, and hardest-working to make sure the next great company is founded here." Mayor Bloomberg went on to say: "Talented entrepreneurs from across the globe entered this competition with the goal of getting help to establish their ventures in the City. We want them and other budding business leaders from around the world to start their ventures here, and one of the most important things we need to make that a reality is immigration reform. Without sensible changes to immigration laws, we risk missing out on the next big thing. That would be a big loss for our City's economy or our country's future."

The six finalist teams were from leading business and engineering schools in India, Singapore, France, the Czech Republic and Canada. This week is also Immigrant Heritage Week, which was established by the mayor in 2004 in New York. During this week, Mayor Bloomberg’s offices are working with StoryCorps to collect and share immigrant stories of how they arrived to New York.

Obama Begins Push for Immigration Reform

2011-05-09T07:28:00.000-07:00

Many activists blame President Obama for not making Immigration a priority in the nation. In fact, the Obama administration has deported a record number of undocumented immigrants, hitting a record 392,000 in the fiscal year of 2010. In hopes to change the anger communities feel towards his administration, Obama has made some recent moves to draw attention back to immigration reform.

The Wall Street Journal and numerous other outlets have reported that Obama has held private meetings to discuss immigration with political figures such as New York Mayor Michael Bloomberg, business leaders such as John Engler, president of the Business Roundtable; and religious leaders such as Leith Anderson, president of the National Association of Evangelicals.

Cecilia Muñoz, deputy assistant to the president and director of intergovernmental affairs in the White House, stated to the New York Times that Obama intends to start the immigration debate this year. In a town meeting last month, Obama stated that immigrants who are long-time residents but lack legal status “have to have some mechanism over time to get out of the shadows.”

It is clear that Obama has started to push for immigration legislation; however, many still have doubts regarding the President's sincerity and suspect his actions are solely for political reasons. Opposition is always anticipated where talks about immigration reform develop. During these times, advocates are encouraged to build support for proposals, especially for one expected from the President shortly.

Activists and Lawmakers Pressure Obama for Immigration Reform

2011-04-07T07:45:00.001-07:00

Both during his campaign and early on in his election, President Obama promised to work on bringing immigration reform to the country. He stated numerous times that he would champion a comprehensive resolution, and allow the estimated 12 million undocumented immigrants to come out of the shadows and allow them to take steps to become legal citizens. In fact, at the NALEO conference in 2008, Obama stated, “[w]e must assert our values and reconcile our principles as a nation of immigrants and a nation of laws. That is a priority I will pursue from my very first day.”

Unfortunately, Obama has not lived up to his promises. Advocates are finally coming out to pressure Obama to do so. Most recently a campaign entitled “Change Takes Courage” has started. This campaign consists of immigration activists and lawmakers who are challenging Obama through a series of nationwide events. The organizations are specifically asking Obama to “provide relief to parents of citizen children, military veterans, DREAM-eligible youth and immigrants with deep roots in their communities who work and have families here; to curb ICE programs that undermine the public safety of all communities; and increase protection of all workers.” You can learn more about the campaign at their website: changetakescourage.org

Representative Luis V. Gutierrez of Obama’s home state Illinois has also started a campaign entitled “Campaign for American Children and Families” to pressure Obama. This campaign focuses on U.S. citizen and non-U.S. citizen families who are being split by deportations. Rep. Gutierrez started a 20 plus city tour. Tour stops will mostly be held at large church gatherings and include families, students eligible for the DREAM Act, and others caught up in deportations. The tour began in Rhode Island on April 2nd. To learn more about the tour please visit Rep. Gutierrez’s website at www.gutierrez.house.gov

Although Obama has not released a blueprint for immigration reform, pressure from lawmakers, activists, and the people of this country is a strong step forward to force Obama to carry out his promises.

NY DREAM Act Introduced in State Senate!

2011-04-01T08:22:00.001-07:00

After the DREAM Act failed to pass the U.S. Senate, the New York State Youth Leadership Council (NYSYLC) had vowed to work towards a NY version of the DREAM Act. On March 21, 2011, they prevailed in their struggle. State Senators Bill Perkins (District 30) introduced the New York DREAM Act (S. 4179) and State Senator Dan Squadron (District 25) has co-sponsored the bill.

Although there is no path to citizenship, the NY version of the DREAM Act will provide State benefits to those that meet its requirements. As reported by the NYSYLC, the benefits include access to financial aid for higher education, access to driver’s licenses, work authorization and access to health care. In order to qualify for these benefits, the young person must have arrived to the United States before the age of 16, be under the age of 35, have resided in New York State for at least two years, have obtained a high school diploma or GED equivalent from an American institution and have good moral character.

Governor Cuomo has not publicly stated his opinion regarding the NY DREAM Act. To urge the Governor to publicly state his support for the NY DREAM Act, visit http://action.dreamactivist.org/nydreamact/ Take one minute to sign the petition and message it to Governor Cuomo.

To get active in the New York State Dream Act Campaign 2011 please visit www.nysylc.org

Follow us on twitter at ImmigrationNY for instant updates on the NY DREAM Act.

StartUp Visa Bill Introduced to Help Immigrants Build Businesses in America

2011-03-25T08:59:00.000-07:00

Educated workers have recently been opting to return to countries such as China and India, booming the businesses in such countries. To tackle this problem, Senators John Kerry (D-Mass.) and Richard Lugar (R-Ind.) introduced the Startup Visa Bill in an effort to build partnerships with U.S. investors and immigrants. The Bill was first introduced in February of 2010 and was revised and reintroduced last week. Many stakeholders were critical of the first version due to its stringent requirements and barriers; however, the new version seems more promising.

In the new version, the StartUp Visa Bill will make both individuals living within the U.S. and those living outside the U.S. eligible for Startup Visas if they meet specific requirements:

Immigrants living outside the U.S. would be eligible for a visa if a qualified U.S. investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000. To obtain permanent residency within the U.S., after two years, their business must have created 5 new jobs and raised not less than $500,000 in additional capital investment or generate not less than $500,000 in revenue.
Immigrants living outside the U.S. will also be eligible to apply for a visa if they have controlling interest of a company in a foreign country that has generated, during the most recent 12-month period, not less than $100,000 in revenue from sales in the U.S. To obtain permanent residency within the U.S., after two years, their business must have created 3 new jobs and raised not less than $100,000 in additional capital investment or generate not less than $100,000 in revenue.
Immigrants currently living and working inside the U.S. on an unexpired H-1B visa; OR immigrant entrepreneurs currently in the U.S. who have completed a graduate level degree in science, technology, engineering, math, computer science, or other relevant academic discipline from an accredited United States college, university, or other institution of higher education would be eligible for a visa if they demonstrate annual income of not less than roughly $30,000 or the possession of assets of not less than roughly $60,000; and have proven that a qualified U.S. investor agrees to financially back their entrepreneurial venture with a minimum investment of $20,000. To obtain permanent residency within the U.S., after two years, their business must have created 3 new jobs and raised not less than $100,000 in additional capital investment or generate not less than $100,000 in revenue.

Keep in mind that a qualified U.S. investor is a U.S. citizen who must have invested $50,000 every year for the previous three years. This Bill will increase entrepreneurship among immigrants, create jobs, and boost the U.S. economy.

Follow us on Twitter at ImmigrationNY for instant updates on the progression of this Bill.

Support the People of Japan

2011-03-24T12:52:00.001-07:00

On March 11, 2011, Japan was struck with a violent earthquake of 8.9 magnitude, which was then shortly followed by a Tsunami. Together both caused severe damage to the country killing thousands and leaving millions seriously affected. Approximately 13,000 individuals have been confirmed dead or reported missing. Temporary shelters have been created for those who have lost their homes, however these shelters are amid freezing temperatures. There are currently 450,000 people in these shelters.

Furthermore, Japan is now facing a nuclear crisis due to explosions caused by the earthquake and Tsunami at the Fukushima nuclear plant. The World Bank issued a report saying the damage from Japan's earthquake and tsunami could amount to as much as $235 billion. Rebuilding Japan after this destruction has been reported to take at least five years.

It has been reported that foreign countries are preparing for their citizens to leave Japan - the first planeload of Americans has already left. Last week, the U.S. government chartered a flight evacuating one hundred American nationals.

Although it has been reported that Japan was a well prepared country for such intense national disasters, the country needs all the support it can get. Please support Japan while they face these humanitarian crises. Use this Google Response page to donate to the victims in Japan: http://www.google.com/crisisresponse/japanquake2011.html

You can donate through a number of organizations including the Japanese Red Cross Society, International Medical Corps, UNICEF, and Save the Children.

With today’s technological advances, you can also donate through your mobile devices. Here are a few options:

Text JAPAN to 20222 To donate $10 to Save The Children
Text MERCY to 25283 To donate $10 to Mercy Corps
Text REDCROSS to 90999 To donate $10 to American Red Cross
Text 4JAPAN to 20222 To donate $10 to World Vision

States Take Action on Immigration Issues

2011-03-23T11:49:00.000-07:00

Ever since the Federal government failed to enact laws bringing immigration reform to the country, States have increasingly decided to take this matter into their own hands. The National Conference of State Legislatures (NCSL) reported that in 2010 State legislators from 46 different states and the District of Columbia introduced more than 1,400 bills and resolutions relating to state immigration issues. A detailed description on the types of laws introduced and/or passed can be found here: http://www.ncsl.org/default.aspx?tabid=21857.

The most controversial adoption of state immigration law occurred last April in the state of Arizona. Arizona adopted Senate Bill 1070 which, among other changes, makes it a misdemeanor to not carry papers showing immigration status, and allows police officers to detain individuals reasonably suspected of being in the country without proper authorization. Although most hoped that what happened in Arizona would stay in Arizona, the bill is influencing other states to take action. Illinois, Michigan, Minnesota, South Carolina, Pennsylvania, and Rhode Island attempted to pass similar bills, however none were enacted into law.

Other examples include the state of Oklahoma, which sought to ban motorists from picking up undocumented day laborers; South Carolina, which is considering making it a felony to sell fake identification cards to undocumented immigrants; and Texas, which recently introduced House Bill 2012 proposing to criminalize the hiring of undocumented immigrants, with the exception of undocumented immigrants hired for domestic/household work.

However, not all state action has followed the Arizona-style. In fact, the state of Utah recently passed legislation creating a state guest-worker program, which would allow undocumented immigrants to work legally in the state by paying fines of up to $2,500 and passing a criminal background check. This law will need a federal waiver and if received will take effect in two years. Utah legislators removed provisions similar to that of Arizona SB 1070, but included requirements that police officers verify the immigration status of individuals stopped or detained for crimes. Utah, New Mexico, and Washington are the few states left allowing undocumented immigrants to obtain driver’s licenses.

World's largest CEO's call for Immigration Reform

2011-01-18T07:58:00.000-08:00

The world’s most successful CEOs recently declared that Immigration Reform is essential if the United States is to remain competitive in the global market. The 2011 Consumer electronics show in Las Vegas featured a panel discussion between the CEOs of Xerox, Cisco and General Electric on the keys to developing innovative technology. The panel promoted national policy changes to education, taxes, export and immigration. The view of the panel was the United States current immigration polices ostracizes foreign workers, and students, thus alienating some of the world’s most talented work force. The CEOs, not surprisingly, admitted that they have a policy of hiring the best potential employees- no matter where they live. Clearly if these workers are not welcome in the United States the companies will be forced to outsource their business to other countries, further decreasing opportunities for American workers. The panel suggested a policy change which would allow students to earn their residency or citizenship by studying at a United States University. This would be a change from the current policy which only provides a temporary status to students. This temporary status allows them to study in the United States, but then does not allow them to stay and put their educations to use at American businesses, forcing them to take the skills they learned to foreign countries and most likely competing businesses. http://bit.ly/fC5xG0

USCIS Raises Immigration Filing Fees Soon!

2010-10-01T07:52:00.000-07:00

On November 23, 2010 U.S. Citizenship & Immigration Services, (USCIS) will adjust its fees for immigration applications and petitions. All filings which require a fee that are postmarked with a date of November 23, 2010 or later will require the new fee. Overall the fees will increase by roughly 10%. However six application fees will decrease and the Nationalization application fee will remain the same. There will also be an expansion of the availability of fee waivers for certain application and petitions.

USICS is a fee based organization. More than 90% of its budget comes from the fees paid by applicants and petitioners who apply for immigration benefits. That being said, it is hard to believe that the current fees imposed by USICS are not sufficient to fulfill their budgetary needs. For example it costs a permanent resident $675 ($595 plus a biometrics fee of $80) to apply for naturalization.

There are thousands of foreign nationals who simply can not afford the current fees for immigration benefits. The reduction in six of USCIS’s applications and the expansion of additional fee waivers help only a select few. However the majority of application and petition fees are already too costly and the rise in fees will only increase the difficulty of foreign nationals obtaining immigration benefits.

USCIS Reminds Hondurans and Nicaraguans to Follow TPS Late Re-Registration Rules

2010-09-01T07:51:00.001-07:00

Although the re-registration period for TPS for Hondurans and Nicaraguans has ended, late filers may still re-register if they follow new USCIS guidelines. USCIS reminds Hondurans and Nicaraguans, who are eligible for Temporary Protected Status (TPS) but who have not filed for re-registration, to follow the late re-registration guidance. USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application.

The 18-month extension of TPS for nationals of Honduras and Nicaragua will remain in effect through January 5, 2012. Individuals who did not file a TPS re-registration application during the re-registration period will lose their TPS benefits, including employment authorization and protection from removal from the United States, unless they submit the application and demonstrate that they had good cause for filing late. The re-registration period for Honduras and Nicaragua closed July 6, 2010

Utah Officials React to “Illegals List”

2010-08-24T07:23:00.000-07:00

Utah officials and community leaders reacted swiftly and with revulsion to the announcement this week that confidential state records had been breached to compile a list of more than 1,300 supposedly undocumented people living in Utah, including pregnant women and children. State Attorney General Mark L. Shurtleff condemned the list, noting that “some call it a blacklist, but I call it a hit list.” Speaking for himself and on behalf of the governor of Utah, Gary R. Herbert Shurtleff made it clear that the release of confidential information was “not the way we do things in Utah” or in this country. He noted that the state government of Utah is trying to speak with one voice to condemn the release of information, will not be using the list to initiate actions against anyone on it, and roundly criticized those who would use lists, hate mongering and political rhetoric to stir up racism in Utah. Instead, he called on the federal government to continue to work for a truly comprehensive solution to immigration reform.

He noted that the “good people of Utah won’t stand for this” and predicted that the list itself may backfire, given the controversy it has created, and serve as a tipping point for a more rational discussion on immigration reform. Mero also noted that he believed support for comprehensive immigration reform represented a tenet of an “authentic conservative position” as fixing the immigration system went directly to what kind of people we are and what kind of world we want to live in.

Temporary Protected Status Extended for Haitians

2010-08-05T07:44:00.001-07:00

The government announced an extension to the registration period for Temporary Protected Status (TPS) for eligible nationals of Haiti. Initially, the 180-day registration period for Haitians was from Jan. 21 through July 20, 2010. This registration period is now being extended through Jan. 18, 2011.

The Department of Homeland Security (DHS) initially announced the TPS designation of Haiti for 18 months, from Jan. 21, 2010 through July 22, 2011. Only Haitians who have continuously resided in the United States since Jan. 12, 2010, the day of the earthquake are eligible. TPS will not be granted to Haitians who first entered the United States after that date.

TPS applicants must submit both the Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, to register. Applicants must pay the Form I-821 fee. Applicants age 14 and older must also submit the biometric service fee. Applicants who are age 14 through 65 who request an Employment Authorization Document (EAD) must pay the Form I-765 fee. Applicants under age 14 or over age 65 who request an EAD do not need to pay the Form I-765 fee.

Education and The Dream Act

2010-07-08T08:40:00.000-07:00

National higher education leaders have recently announced the formation of a coalition on the Development, Relief and Education for Alien Minors Act or (DREAM ACT) Over two dozen educational organization are pushing for congress to vote on the Act before the August recess. The Dream Act would help to legalize undocumented students who were in the United States before the age of 16, have lived here for five consecutive years, are of good moral character and are committed to attending an institution of higher learning or serve in the military for at least two years. The Dream Act has had bipartisan support since it was first introduced in 2001. However, there have never been enough votes to enact the legislation. That may be changing as congress is being pressured by both sides to fix an immigration system that had been broken for years. It is estimated that the passage of this Act could affect over 1 to 2.5 million undocumented immigrants. The issue of legalizing undocumented students can be viewed separate and apart from any “amnesty” or “Comprehensive Immigration Reform” because it deals with children that were not responsible for making the decision to come to this country.

Obama's Plan for Immigration Reform

2010-07-06T07:48:00.000-07:00

The latest news on reforming the immigration laws is that President Obama is considering a plan to “parole or offer “deferred action” to the millions of people in the United States that are undocumented. Deferred action and parole are often used for emergency or humanitarian reasons. They are discretionary actions within the control of the executive branch. With the granting of deferred action, individuals are often permitted to apply for employment authorization. Eight Republican Senators have issued a statement to the president advising him that a deferred action or parole program would not be a good idea for the United States. As usual, the Senators agree that the immigration system needs to be fixed. They state that the borders need to be secured and the current laws need to be enforced. However, the Senators offer no realistic solutions of their own to deal with this complex problem.

Hillary Clinton announces that the Justice Department will Fight Arizona on Immigration Laws

2010-06-21T08:22:00.000-07:00

Secretary of State Hillary Clinton announced on an Ecuadorian T.V. channel last week that the current administration will file a lawsuit against the new Arizona law SB 1070. This law which is expected to go into effect on July 29, 2010 is intended to decrease the immigrant population by arresting, and filing criminal charges against undocumented residents of the state. It is no secret that this law has created a national debate about immigration, racial profiling, and states’ rights.
The federal government only occasionally intervenes forcefully in a state’s affairs. Thus, the administration’s decision to take on this politically risky litigation during an election year illustrates the severity of the Arizona law. Lawsuits filed by the federal government in the past, include issues of discrimination, infringement on voter’s rights, prison conditions, and school desegregation.
At least five lawsuits have already been filed in federal court, and civil rights groups have asked a federal judge to issue an injunction while the cases are heard. A State Department spokesman, Philip J. Crowley, said Mrs. Clinton’s comments, were meant to answer deep qualms about the law in Mexico and other Latin American countries. “It is important to recognize that this has resonated significantly beyond our borders,” Mr. Crowley said.
While Arizona’s law has drawn opposition from those who worry that Hispanic-Americans and legal residents will be mistaken for illegal immigrants, legal scholars say the case is more likely to turn on whether it intrudes on federal immigration authority. The theory of this law, he said, is that Arizona is “borrowing federal regulatory authority to help carry out federal policy.” But he said, “If the federal government comes in and says you are interfering, I think that is going to be a problem for the state.”

Revised E-Verify Program Goes Operational

2010-06-15T08:58:00.000-07:00

USCIS today went operational with its re-designed E-Verify Program. The new web interface is said to include improved navigational tools to enhance ease-of-use, minimize errors, support compliance with the terms of use, and enable real-time validation of employers enrolling in E-Verify against commercial data. The new interface also has enhanced security features such as masking Social Security numbers to further protect privacy and ensure that only valid companies enroll in E-Verify. All current E-Verify users are required to complete the updated tutorial. The tutorial takes about 20 minutes to complete and serves as a “how-to” of the new system.

USCIS To Issue Redesigned Green Card

2010-05-20T13:22:00.000-07:00

USCIS announced it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. For the first time in 50 years, the card will actually be green in color. The redesign is the latest effort by USCIS to deter immigration fraud. The government hopes that “state-of-the-art technology” incorporated into the new card will prevent counterfeiting. Effective May 11, 2010, USCIS will issue all Green Cards in the new, more secure format. Those who have older versions of the card will be keep them until they expire and then exchange them for the newer version.
USCIS: USCIS To Issue Redesigned Green Card

DHS visits H1-B employers!!

2010-05-17T09:59:00.000-07:00

The Department of Homeland Security has begun increasing the number of inspections conducted at companies that employ H1-B workers. This is done in an effort to cut down on the number or H1-B applications containing fraud and technical violations. It is said that CIS suspects one in five applications contain fraud and technical violations. These employers chosen for inspection are done at random and should have a “Public Access File” available for an Immigration and Customs Enforcement (ICE) officer. Employers are entitled to have their attorney present in-person or telephonically. The ICE officers will request your Public Access File. They will also request to speak to the person representing the company on the application as well as the H1-B employee and other employees on site. Your public access file should include a complete copy of the H1-B application filed with USCIS. In order to prepare for this inspection, it is recommended that one person at the company be responsible for handling the inspection should the need arise.

ICE Serves 180 Audit Notices to Businesses in 5 States

2010-03-30T08:15:00.000-07:00

ICE announced issuance of Notices of Inspection to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The notices alert business owners that ICE will inspect their records to determine if they are complying with employment verification laws.

The recent announcement by ICE of the increased inspections is the first signs in several months of stepped-up enforcement procedures for I-9 inspections. ICE announced that it “is focusing it resources on the auditing and investigation of employers suspected of cultivation illegal workplaces by knowingly employing illegal workers. The initiative being launched today is a direct result of this new strategy.”

The Obama administration has, thus far, steered away from crack downs on large employers with illegal work forces which characterized the last years of the Bush Administration. Instead, the current administration has focused on contractors that do business with the federal government. The reported aim to steer these contractors into signing up with E-verify, the on line, I-9 compliance program.

It is still unclear whether DHS has now shifted to a more aggressive program similar to that under the Bush Administration.

New Investor Visa Proposed

2010-03-22T08:02:00.000-07:00

A bill which would create a new path for permanent residency through investment was introduced into the Senate on February 24th, 2010.

In a rare display of bipartisanship, Democrat John Kerry and Republican Richard Lugar co-sponsored a bill which would significantly ease the requirements of obtaining a green card through investment. The bill would allow individuals to obtain a temporary green card by investing as little as $250,000 in a start-up company. After 2 years, the investor could obtain a permanent green card by showing he or she has generated at least five full-time jobs in the U.S., attracted $1 million in additional investment capital or achieved $1 million in revenue.

The bill would greatly liberalize the current EB5 category which requires investors to invest at least $1 million and create ten jobs.

We will monitor the progress of this bill as it goes through Congress.

DHS Reports Decline of Unauthorized Population in the U.S.: January 2009

2010-03-15T10:06:00.000-07:00

DHS released a report estimating that the unauthorized immigrant population living in the U.S. decreased to 10.8 million in January 2009 and grew by 27 percent between 2000 and 2009.

DHS estimates that the unauthorized immigrant population living in the United States decreased to 10.8 million in January 2009 from 11.6 million in January 2008. Between 2000 and 2009, the unauthorized population grew by 27 percent. Of all unauthorized immigrants living in the United States in 2009, 63 percent entered before 2000, and 62 percent were from Mexico. Most of the reported decline is being attributed to the current economic recession.