Happy New Year 2008!
Dear Readers,
It is time to think positive thoughts for 2008 and beyond. So, here is a warm wish for you and your loved ones the very best in the New Year.
Yours,
Jacob
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December 31, 2007
December 26, 2007
American Second Class People
As we about to welcome 2008 and wish for the best for us and our families, millions of illegal aliens, will join the celebrations with us. Over the years this, second class America has become part of our life, just like we became part of theirs.
Ellis Cose of newsweek reports:" The percentage of immigrants (including those unlawfully present) in the United States has been creeping upward for years. At 12.6 percent, it is now higher than at any point since the mid-1920s. The number (an estimated 37.9 million) is bigger than at any previous time in history. "
As arguments about immigration heat up the campaign trail, we also ought to ask some broader questions about assimilation, about how to ensure that people, once outsiders, don't forever remain marginalized within these shores.
I guess that we shall see what 2008 has in store for us.
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December 22, 2007
Arizona Immigration Law - Illegals leaving Arizona
It will be a sad end of the year for many pro immigration activists and immigrants (legal and illegal) in the State of Arizona. The new Employer sanctions legislation is the talk of the state for many months now. The state's new employer-sanctions law, which takes effect January 1, will cause some serious trouble to employers and immigrants. The voter-approved legislation is an attempt to lessen the economic incentive for illegal immigrants in Arizona, and to spread fear among employers thinking of hiring illegal workers.
It will be interesting to see how this law will affect the State of Arizona, as I am sure many other state will learn and implement similar legislation in the next few years. My only hope is that the conclusion will be that a comprehensive immigration reform is needed, rather than an enforcement law, this will benefit employers and the workers trying to get jobs.
Read more here... and Merry Christmas!!
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December 21, 2007
Visa Fee Increase at US Embassies and Consulates
When applicants apply for visas abroad they need to pay a fee for the visa and sometimes additional fees for reciprocity. Well, the cost of such fees will increase next year so it seems.
DOS published an Interim Final Rule raising the fee charged for processing of immigrant and nonimmigrant visa applications, as well as Border Crossing Cards at consulates. The rule is effective January 1, 2008 and comments are due February 29, 2008. All applications before that date are subject to the old fee.
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December 20, 2007
San Diego Immigration Law - New Deportation rules update
Last month ICE issued a new directive relating to detained arriving aliens who are found to have a credible fear by an Immigration Judge or USCIS officer.
The new policy can be found on AILA's website: AILA Doc. No. 07111264 (Nov. 12, 2007).
The new policy implements a two-part analysis for making parole determination as they relate to detained arriving aliens who are found to have a credible fear of persecution or torture by an Immigration Judge or USCIS officer only. Step one of the analysis includes establishing identity, flight risk and danger to the community. The directive indicates which documents will be acceptable including a valid government issued document and affidavits from third parties. Step two is an "assessment of whether the alien has established that he or she falls within one or more of the five categories" in 8 CFR section 212.5(b).
After the deportation officer completes the Record of Determination/Parole Determination Worksheet it will then be reviewed by supervisor and field officer before a final determination is made. The Officer in Charge no longer has the authority to make the parole determination alone.
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December 19, 2007
USCIS Official Charged with Immigration Fraud
I guess the USCIS have some bad apples as well. The former assistant chief in the U.S. Citizenship and Immigration Services was convicted yesterday by a federal jury in Alexandria on two felony counts of harboring an illegal alien and encouraging and inducing an illegal to reside in the United States.
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December 18, 2007
Updated I-601 Waiver Procedures in Mexico
EFFECTIVE 12/17/07 (Posted on AILA Infonet 12/14/07 )
Due to the limitations of the INFOPASS appointment system regarding scheduling options for I-601 waivers under the new I-601 pilot program implemented on March 6, 2007, the USCIS Ciudad Juarez office has been trying to put in place a new system. INFOPASS worked well initially, but due to volume increases, the program could not be modified to push out appointment availability dates as needed to keep up with the high immigrant visa interview rate of the U.S. Consulate. Thus, many waiver applicants were not able to make timely appointments using INFOPASS in order to make travel plans, etc. Please note that both the USCIS office and the U.S. Consulate in Cd. Juarez were receptive to AILA's concerns and suggestions regarding this process.
Thus, USCIS and the Department of State are ending the use of INFOPASS (effective December 17, 2007) for the I-601 pilot waiver program at Cd. Juarez and changing the process to schedule waiver appointments and provide waiver information through the " Teletech Call Center " located in Mexico . This call center is the same center that currently provides information regarding immigrant and nonimmigrant visas, and schedules nonimmigrant visa interview appointments for nonimmigrant visa applicants for Cd. Juarez and certain other U.S. Consulates in Mexico . Thus, appointments will be available, but not necessarily in a two week window. In addition, the U.S. Consulate in Cd. Juarez hopes to eliminate its immigrant visa backlog by the end of March 2008 and has devoted substantial resources to this effort. Further, the USCIS office in Cd. Juarez has already cleared the pre-March 2007 waiver backlog, and is working on waivers filed in April of 2007.
Continue reading "Updated I-601 Waiver Procedures in Mexico" »
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December 17, 2007
US Passport Rule may be delayed
We reported a few moths ago about the propsed rule requiring all US Citizens to carry passports when crossing to Mexico, Canada and the Caribbean. Congress is seeking to delay the rule requiring passports at all U.S. border crossings next year in hopes of avoiding a repeat of last summer's vacation-killing backlog of passport applications. That was painful I can tell you that.
To read more on this update click here
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December 16, 2007
Border Patrol - Did somebody say they are human?
I knew that things were getting out of control along the San Diego-Tijuana border, but recently things have taken a turn for the worse. According to the AP:
In an escalation of clashes between U.S. Border Patrol agents and rock-throwing smugglers, agents have begun launching pepper spray and tear gas into densely populated Mexican border neighborhoods, according to witnesses, Mexican authorities and human rights groups.
The more aggressive approach reflects the tense climate in this city's most
notorious smuggling neighborhood, Colonia Libertad, where U.S. agents say
they have had to counter human traffickers' increasingly aggressive tactics by ramping up their own use of force.
Read the full story here
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December 15, 2007
H1B Visas - High-tech visa debate
To stress the problems that high--tech workers face getting green cards and work visas like the H1B visa, all members of Congress now have "blue cards." The Compete America coalition has been distributing the cards to lawmakers during meetings, one of several industry lobbying efforts on competitiveness issues in the last few weeks of the year.
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December 14, 2007
Criminal Immigration Law - DUI and Visas
A new Cable from the State Department clarifies how consular officers should handle cases where an applicants' criminal record shows an arrest or conviction for drunk driving or other alcohol related offences.
Posts generally become aware of drunk driving arrests and convictions after receiving the results of fingerprints taken when an applicant has a CLASS hit. While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). This applies to applicants who have a physical or mental disorder and demonstrate behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.
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December 11, 2007
Family Immigration - Stand-Alone I-130s Filed at Chicago Lockbox
We all know that the I-130 form can be used to file for most relative petitions. Sometimes we file this form together with the I-485 when visas are available, and sometimes it is necessary to file this form alone, for example when you file for a sibling, etc. In the past one would file with the Service Center directly. Now we have a new policy.
The U.S. Citizenship and Immigration Services (USCIS) has revised its procedures for filing certain I-130 relative petitions. Effective December 3, 2007, the USCIS is encouraging I-130 petitioners to file their petitions with the Chicago Lockbox. This change applies to stand-alone I-130s only. A stand-alone I-130 is one that is filed WITHOUT an I-485, Application for Adjustment of Status. After filing, the petition will be forwarded from the Chicago Lockbox to the appropriate USCIS service center for adjudication.
I
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December 9, 2007
H1B & H2B Visas - Guest Worker Plans face tough battle!
Employers and Labor Groups across the country are joining forces and doing whatever it takes, so that the Government will consider any immigration reform. The shortage in visas will be a huge blow for Hotels, Construction companies and the High Tech sector. Lawmakers, lobbyists say, have been reluctant to move forward on the issue, however, in part due to the major fallout over last summer’s contentious debate on the immigration reform bill.
I can tell you that our H2B clients and all worried that visas will run out as early as January and I feel that they may be correct. If this is true, no H2B visas until October 2008 is a gloomy reality for our major Hospitality clients and for the consumers expecting excellent service.
High-tech companies, meanwhile, are renewing their annual fight for an increase in H-1B visas programs, which allow highly skilled foreign applicants to work in the United States for six years, as well as employment-based visas that offer permanent employment status.
Ralph Hellmann, senior vice president for government relations at the Information Technology Industry Council (ITIC), said the current H-1B cap of 65,000 workers does not cover the high-tech industry’s needs.
Read the articles from thehill.com here
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December 6, 2007
Immigration Law Debate and American Identity
One of our readers pointed me to the recent article of Ruben Navarrette, the San Diego writer for CNN. He says that opponents of any immigration reform or relief see Hispanic and other immigrants as weakening U.S. identity. For example, One town demanded all library books be in English according to Navarrete. Hispanic immigrants may be the current group at the center of this debate and to be targeted the most.
Living in San Diego, CA, we see the attitude towards Hispanic immigrants every days. The Mexican jokes and stereo types are becoming part of our life. But when you hear of the minutemen project and the like, you know that this is where our country will need to look back at history and make sure we don't repeat it.
Click here for the full article
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December 6, 2007
EWIC voice strong concerns with SAVE Act
The Essential Worker Immigration Coalition (“EWIC”) representing employers both small and large, write to voice strong concerns with H.R. 4088 and S. 2368, the Secure America through Verification and Enforcement Act (“SAVE” Act). This legislation, introduced by Representatives Heath Shuler, Brian Bilbray and Senator Mark Pryor, does not provide the adequate framework for any future Immigration reform and employers are concerned for a reason.
It seems that the this proposed ACT exposes employers to unfair liability and worker shortages under a pretty bad system. Instead of solving visa shortage, backlog in application processing, this Act is all about enforcement.
Click here to read the statement Download file
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December 5, 2007
Visa Law Blog - Secretary Michael Chertoff on the NO MATCH Appeal
We all remember the NO MATCH regulations that were released a few months ago, the ACLU Appeal putting a hold on this tough legislation for employer. Today we have the comments of Mr. Chertoff on the Appeal.
Employers receive a No-Match letter from the Social Security Administration when an employee’s name does not match the social security number it has on file. Sometimes there is an innocent explanation for this discrepancy, such as a clerical error. But sometimes the discrepancy reflects the fact that the employee in question is an illegal alien. When employers receive such No-Match letters, they are on notice that the employees in question may not be authorized to work.
Read the entire post below...
Continue reading "Visa Law Blog - Secretary Michael Chertoff on the NO MATCH Appeal" »
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December 4, 2007
San Diego Immigration - New San Diego Fingerprinting/Biometrics Location
It is now official that the location of the local San Diego USCIS fingerprinting/biometrics office is moving from its present location at El Cajon Blvd. to 1261 Third Avenue, Suite H. The new ASC is located in the same building as the USCIS Chula Vista Field Office, in an opposite corner suite (Suite H).
See a formal announcement about this below;
Continue reading "San Diego Immigration - New San Diego Fingerprinting/Biometrics Location" »
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December 2, 2007
FBI Name Checks - Delays to end soon!!!!
If you are going through the immigration process, or know someone that is an immigrant applying for a visa or Citizenship, chances are that you must have heard of the NAME CHECK delays.
FBI and other agencies pull cases for whatever reason and until they are cleared, the immigrants can not complete the immigration process. We have numerous clients pending for years, waiting for this to be completed. Sometimes we had to sue the government to force them to act, but even this option is becoming very complicated.
But is seems that relief is on the way. Immigration Daily, the biggest online immigration publication reports the following:
Immigration Daily has learned that the FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move to this new process is not just better customer service for benefits applicants but also because it will enhance national security (our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name check delays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get its act together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit for forcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon). Stay tuned
Let's hope for the best.
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