Letter from North Carolina AG’s Office on Eligibility of Undocumented Students for Community College may shed some light on this controversial issue. Should students that lived in this country illegally for years be eligible for community college admissions?
Read the Letter from the AG here Download file
In recent weeks I heard two horrible stories from European clients about their experience entering the US. One a fairly know author from France was kept in secondary inspection for 14 hours, before finally letting him enter the US. The officers never explained why he was detained and never offer an Apology.
Another person entering from Germany to join his co workers on a US vacation, was humiliated by port of entry officers, accused of being a potential unauthorized worker and was sent back home with shame. He is now angry and outraged at our government and immigration system.
Here is a funny YOU-TUBE video to reflect on the above...
Long overdue but the U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed on April 18, 2008 a Visa Waiver Program (VWP) agreement with Korean Minister of Foreign Affairs and Trade Yu Myung-hwan. The security enhancements outlined in the agreement puts Korea on the path toward visa-free travel to the U.S., and potential designation as a VWP member as early as later this year. Members of Visa Waiver countries do not require a visa to enter the US and can stay up to 90 days as visitors.
Clients have been waiting patiently for the visa Bulletin to be out this month. Excellent news in many categories. The U.S. Department of State (DOS) has issued the May 2008 Visa Bulletin. It contains continued good news for some EB2 applicants from India and China. It also reflects significant forward movement in the EB3 worldwide category.
The EB1 category remains current for all countries of chargeability. EB2 categories for worldwide, Mexico, and the Philippines remain current. The cutoff dates for India and China moved forward by a month, with a new cutoff date of January 1, 2004 established for both countries of chargeability.
The EB3 worldwide category cutoff date moved forward by eight months to March 1, 2006. India's cutoff date moved slightly to November 1, 2001. China also inched forward to March 22, 2003. Mexico and the Philippines jumped forward more significantly to July 1, 2002 and March 1, 2006, respectively. Fourth and Fifth all current.
More changes are expected in the next few months. Stay tuned.
How many times have I been getting complaints from clients about ICE (Immigration and Customs Enforcement) agents harassing and violating rights of clients. There was this one client "under investigation" by ICE agents pretending to be a couple looking for a lost dog, asking him questions, only later to use without context in denying his adjustment case. Or the 3AM visit to a clients home, breaking and destroying personal property.
The average person/immigrant is terrified dealing with these agents. But read about this incident, Immigration Attorney, had an encounter with ICE agents at his private home that has led to his filing a complaint with DHS. Fortunately, the lawyer knows his rights, of course he does. Read the link from the ImmigrationProf Blog Here
A few days ago, USCIS issued an Update announcing revised filing instructions for Form I-130, Petition for Alien Relative. As many of you may know, Form I-130 is the most common form to be used when filing a relative petition. Unlike immediate relative (Parents and Spouses) petitions that are normally files with the Chicago Benefits Center, all other relative categories (brother/sisters, children of USC's over 21, spouses of US residents, etc), used to be filed with one of the 4 service centers (California, Texas,Vermont, and Nebraska).
Effective immediately, all petitioners filing stand-alone Form I-130s must file their petitions with the Chicago Lockbox instead of a USCIS Service Center.
Under the new rules, all stand alone I-130 petitions must be filed at the following address and only at this address:
U.S. Citizenship and Immigration Services
Attn: FBASI
427 S. LaSalle - 3rd Floor
Chicago, IL 60605-1098
Read the press release here Download file
I have been dealing with USCIS offices in all 50 states, but the one in Fresno has always been one of my favorites. We process many adoptions cases and family petitions at that office, and I often fly over there to represent local clients. Don Riding (The Chief) staff are always on the ball and very helpful. I wasn't surprised to read about his unusual service to sick and elderly clients that can not come to the Citizenship ceremony:
When Freydoon Alexandrous, who grew up in Iran and lives in Turlock, heard his citizenship request had been approved, he no longer had the strength to attend the naturalization ceremony in Fresno. Heart and orthopedic problems and a recent fall made the 85-mile trek to the Citizenship and Immigration Services office in Fresno impossible.So Don Riding, CIS field office director, came to him.
When Riding walks into a home, ailing people sometimes too weak to hold a glass to their mouths will sit up straight and greet him as though he were about to guide them into paradise and away from troubled pasts.
"It's fun," Riding said. "I try to do it on weekends so family can come."
Saturday, Riding, who works
out of the CIS regional office in Fresno, visited five homes in Turlock and one in Hilmar. He naturalizes about 1,500 people a month, individually or in large ceremonies.
Read More and wish there were more officers like Mr. Riding.
Arizona Law Mandating E-Verify went into effect on January 1, 2008 and is the nation's toughest workplace enforcement law. It is aimed at punishing employers who knowingly hire illegal immigrants. Many other states are watching Arizona's example and considering similar legislation.
The AZ District Court Dismisses Challenge to Employment Verification Law by industry leaders and activist groups. This ruling is a negative sign as to what will happen in other States trying to enforce immigration law locally.
Guess who else passed the US Citizenship test, before they change it in October. Late Night host Craig, originally from Scotland.
Watch this:
Immigration legal and illegal, provides one of the clearest contrasts between the parties. While both Democrats and Republicans advocate various enforcement measures, most of the Republican contenders refuse to accept legalizing an estimated 22 million undocumented immigrants now in the U.S.; all the Democratic contenders support it. GOP candidates have highlighted their hard line approach, while Democrats have generally avoided the topic unless asked.
Below is a CNN summary of the candidates' take on immigration. Click here to read more
I was invited to comment on the State of Union speech yesterday on the Rick Amato Show, it was obvious that the President was going to mention the Immigration issue, and he did. He briefly mentioned that Congress has a responsibility to fix our broken system.
I am very optimistic, McCain's win in Florida today maybe an indication that we are getting ready for a possible change. The foreign Born community in thid country will support the Candidate that will take a chance on immigration reform. Ruben Navarrette Jr.writes today:
For the foreign-born, many of whom care deeply about the immigration issue, maybe the person who deserves their support in November isn't the candidate who voted to build a wall along the U.S.-Mexican border (Barack Obama) or the one who equivocated on giving illegal immigrants driver's licenses only to cave in and oppose it (Hillary Clinton). Maybe it's the guy who stuck his neck out and co-sponsored with Ted Kennedy, no less, a comprehensive immigration reform bill that offered a path to legal status and made him a pariah in his own party.And maybe it's the person who, despite learning that protecting the border is the first priority, still stuck by his guns about the need for a comprehensive approach: Viva McCain.
I will also post my radio podcast in the next few days.
A few days ago, the government announced that Assistant Secretary Myers signed a memorandum of agreement with the Deputy Foreign Minister for Vietnam regarding the repatriation of Vietnamese nationals who have been ordered removed. The agreement will enter into force in 60 days.
The repatriation agreement is the culmination of almost a decade of negotiations between the United States Department of State and the government of Vietnam. Under this agreement, Vietnamese nationals who arrived in the United States on or after July 12, 1995 are subject to return to Vietnam. To date, this will affect approximately 1,500 Vietnamese nationals currently living in the U.S.
Read the press release Download file
It is amazing to see the reaction from the public across the globe to Heath Ledger's death. Maybe it is because he is so different from the regular hollywood crowd, maybe because in this day and age he was really a nice guy.
I didn't know him in person but, I was assisting a client working in the movie "Dark Knight" to obtain a work visa. The movie was filmed in Chicago this past summer. My client often told me about the work process and among other things working with the star Heath Ledger. He was such a kind talented star, everybody just liked him.
I send my deepest sympathy to his family and say to them that they are not mourning alone. The US also lost a great immigrant actor.
Many of us living in border cities like San Diego are used to crossing the border to Mexico as a matter of routine. Upon entry all we had to do is state US Citizen, to the USCIS officer and he would let you in. This is all changing as of January 31, 2008. On January 31, DHS is ending this practice such that oral declarations alone to prove identity and citizenship will no longer be sufficient. Visitors will be asked to present certain documentation from a specified list when entering the United States at land or sea ports of entry.
Expect longer lines at the Ports of Entry.
Read the DHS press release here
The U.S. Department of Homeland Security (DHS) announced a few days ago a final rule establishing minimum security standards for state-issued drivers’ licenses and identification cards.
Homeland Security Secretary said the following:
“The American public’s desire for greater identity protection is undeniable,” said Homeland Security Secretary Michael Chertoff. “Americans understand today that the 9/11 hijackers obtained 30 drivers licenses and ID’s,and used 364 aliases. For an extra $8 per license, REAL ID will give law enforcement and security officials a powerful advantage against falsified documents, and it will bring some peace of mind to citizens wanting toprotect their identity from theft by a criminal or illegal alien.”
The rule creates a federal identity document that every American will need in order to fly on commercial airlines, enter government buildings, open financial, and more. It will create huge administrative burdens for state governments, while providing no federal funds for implementing its onerous requirements. At the same time, it does nothing to combat terrorism and other security threats. It will create further ground for discrimination and other related issues.
I guess that time will tell.
As we approach the New Hampshire 2008 presidential primary, the immigration issue should remain a key factor to be addressed by all candidates.
The importance of a reformed immigration policy in a broader homeland security strategy has made it a major subject of debate in the 2008 presidential election already. This debate escalated recently surrounding the controversial immigration reform legislation proposed in 2007, that would have granted temporary guest status to millions of illegal immigrants.
For the Candidates take on immigration click here...
The January 14th issue of Businessweek, features an important article about the future of business under an enforcement only immigration policy.
For years there has been an implicit understanding among businesses that need workers, illegal immigrants willing to do those jobs, communities that benefit from such commerce, and a government that rarely intervened. Now that understanding has been torn apart. Of 1,500 people surveyed in June by the Pew Research Center, 55% said the most effective way to reduce illegal immigration from Mexico is to increase penalties on employers. In a Democratic Presidential debate in November, Barack Obama said: "An employer has more of a chance of getting hit by lightning than being prosecuted for hiring an undocumented worker. That has to change." All of the candidates, with varying degrees of vigor, have expressed the same sentiment.
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.
Jacob Sapochnick is recognized as one of the most innovative, up and coming Immigration Lawyers in the nation. He devotes 100% of his practice to Immigration Law, representing Corporations, Hotels, Restaurants, and other organizations, as well as, entrepreneurs, and individuals worldwide. He also provides legal support and representation in family sponsored immigration matters.
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