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The American Immigration lawyers Association requested an update on USCIS plans to test and issue a combined EAD/Advance Parole (AP) document. AILA understands that USCIS believes a combined EAD/AP document may help further the agency’s goal of increased efficiency and workload reduction. The concern is that the use of such a document by certain individuals will make them subject to the three- and ten-year bars to inadmissibility under INA 212(a)(9)(B)(i)(I) and (II).

The current stand-alone AP document contains warnings on travel by those individuals who may trigger the bars upon departure from the United States. If USCIS moves forward with the issuance of a combined EAD/AP document we strongly urge USCIS to include such warnings on the new combined document. In addition to ensuring that the appropriate warnings are included on any combined EAD/AP document, please find the following additional questions from AILA:

Would an applicant be able to affirmatively request or to opt-out of a combined document and retain the ability to request a stand-alone EAD and AP?

On 11/3/08 DHS announced that Secretary Chertoff signed a Visa Waiver Program (VWP) declaration with Romanian Ambassador Adrian Vierita. The declaration outlines security measures required for Romania’s possible designation as a VWP member.

Visa Waiver Program (VWP) is a program of the United States of America which allows citizens of specific countries to travel to the US for tourism or business for up to 90 days without having to obtain a visa. All countries participating in the program are high-income economies with a high HDI and most are regarded as developed countries. This will be a big step for Romania if accepted into the program.

Read the press release

Sen. Barack Obama didn’t know his aunt might be living illegally in the United States, as media outlets are reporting, and his campaign will return contributions she made, an aide said Saturday.

According to The Associated Press, a court refused four years ago to accept the asylum application of Zeituni Onyango, 56, the half-sister of Obama’s Kenyan father. However, she has continued to live in a public housing complex in South Boston, AP reported.

Sarah Palin was very silent on the topic of immigration right up until her first interview with a Spanish-language network. Her views on immigration were kept confidential by her team for the past several weeks. Anchor Jorge Ramos sat down with the Republican vice presidential candidate to finally shed some light on Palin’s views on immigration.

Here are a few key points from the interview:

The interview was aired on October 21, 2008 during the broadcast of “Aquí y Ahora” on Univision Network. The following excerpt was taken from that interview:

Ruben Navarrette Jr., writing for the San Diego Union Tribune, published an excellent editorial about the declining support for McCain from the Hispanic voters.

McCain’s following among Latinos is evaporating. A poll by Zogby International found that 21 percent of Latinos support McCain, compared with 70 percent for Democrat Barack Obama; the Pew Hispanic Center ranked it 23 percent McCain and 66 percent Obama.

Navarrette asked McCain what in the world is going on. He blamed part of it on “heavy negative advertising” by his opponent.

The Wall Street Journal reports “New U.S. border-crossing cards can be copied and remotely disabled with off-the-shelf equipment, researchers said, the latest finding of security weaknesses in wireless technology.

Read the Story

A recent White House news release on the inclusion of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea in the Visa Waiver Program announces that in about a month citizens of these nations will be able to travel to the U.S. without a visa.

Soon even more countries will be considered to join, read the press release here Download file

As a lawyer focusing on hospitality immigration, I often educate my clients on immigration issues relating to this industry. The number one concern from most employers is how to hire much needed hospitality workers legally. The often feel that the government is ignoring their needs. I came across this interesting article about a restaurant owner from San Antonio not afraid to raise his voice.

Louis Barrios says that his biggest fear as an employer, a small businessman and an American is that Congress will continue to avoid dealing with immigration reform. Any society with an aging population like ours that doesn’t have a steady stream of immigrant labor is in trouble, he said. By 2016, according to the U.S. Bureau of Labor Statistics, the number of workers between the ages of 16 and 24 will decline, while the number between 25 and 54 will rise only slightly.

That means the only significant growth in the American labor pool over the next eight years will be among those 55 and older. Unless Washington, D.C., expects 60-year-olds to pick crops, wash dishes in restaurants and pound nails in the construction industry, something has to give.