Visa Lawyer Blog

by

Who deported more Bush or Obama? TRAC report finding that ICE data shows a ten percent increase between the number of noncitizens removed during the first nine months of FY 2010 as the result of ICE enforcement compared to the same period in FY 2008, the last fiscal year of the Bush administration.

During the first nine months of FY 2010, 279,035 non-U.S. citizens were removed* from the country as a result of ICE enforcement. This number is ten (10) percent more than the same period during FY 2008 — the last fiscal year of the Bush administration. This represents almost a doubling of the rate of removals that have taken place during the past five years.

In addition to increases in alien removals under the Obama administration, the data also show that ICE — rather than simply trying to ramp up numbers — has also directed more of its attention to going after noncitizens who have committed crimes while in this country.

Continue reading

by

Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:

Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR

View more documents from usvisalaw.

Shortly after the memo leaked to the public the Immigration service had this to say:

Continue reading

by

Australian Immigration Minister Chris Evans announced recently a new agreement between Australia and New Zealand to improve identity checks and border security. Australia and New Zealand recently signed a memorandum of understanding [MoU] to share biometric data, an agreement that will further strengthen our nations’ border security. Biometrics is widely used in the international community as an effective tool to manage visa and immigration processes, improve identity management and combat fraud.

At the Five Countries Conference (FCC) in London a memorandum of understanding was signed between Australia and New Zealand. The Conference enables Five data sharing Countries to exchange information and agree a way forward to improve border security. FCC data-sharing helps to establish the true identity of people whose identities or nationalities were previously unknown or uncertain, and has been used in Australia to check the identities of irregular maritime arrivals, other people in immigration detention and illegal foreign fishers. Since 2006, more than 100 000 fingerprint records have been exchanged, helping Australia and FCC partner countries to establish the true identities and immigration histories of people whose identities were unknown or uncertain. Collection and sharing of biometric data is a proven tool in the fight against identity fraud and can prevent unlawful entrants’ efforts to thwart Australia’s border and visa processes.

by

The American Immigration Lawyers Association (AILA) has applauded the brainstorm of ideas in a draft memo from the United States Citizenship and Immigration Services (USCIS). The now-public draft, leaked without the permission of USCIS, examines the legal framework of immigration and explores possible solutions. AILA commends this reflection of the pursuit of the rule of law and the willingness of USCIS leadership to take up this thorough examination.

“We have in the past seen many attempts to scour the law to find justification for draconian, and ultimately unhelpful, ways to make immigrants’ lives miserable,” said AILA president David Leopold. “This draft document tries to think through ways to make the legal immigration system work in support of sensible law enforcement. It respects the law and respects the people who must deal with the law. For that, the administration is to be congratulated, even if none of the proposals is ever carried out.” He added that many of these proposals should be carried out. Long-needed regulations to help children and crime victims caught in the system should be published. Men and women fighting for America in the U.S. military should have the comfort of knowing that their families are safe from being deported. Immigration policies that encourage investment in America and creation of jobs should be emphasized and expanded. These are but a few of several excellent proposals in this document.

“We will never effectively address illegal immigration until we develop a legal immigration system that actually works and that offers people a realistic alternative to illegality,” added AILA Executive Director Crystal Williams. “Congress has thus far refused to act. Administration officials at least are trying to find ways to help fill this vacuum,” Williams stated.

by

Citing security concerns, the U.S. Consulate General in Ciudad Juarez is closed on July 30, 2010 and has cancelled all scheduled appointments and services for that date. Information on date of reopening will be announced by warden notice and posting on their web page.

American citizens with appointments for passport or other services may make a new appointment via the Consulate website below. For non-immigrant visa applicants, the call center will call or e-mail applicants to reschedule appointments. Alternatively, applicants may re-schedule non-immigrant visa appointments without being charged by calling 01-800-719-2525. Immigrant visa applicants should be advised that the medical clinics where they will receive their medical exams may also close on short notice. Immigrant visa applicants will be rescheduled for their interviews at a later date.

by

Yesterday we reported on the court blocking parts of the AZ law, today AZ fired back. Arizona asked an appeals court Thursday to lift a judge’s order blocking most of the state’s immigration law as the city of Phoenix filled with protesters, including about 50 who were arrested for confronting officers in riot gear.

Republican Gov. Jan Brewer called U.S. District Judge Susan Bolton’s Wednesday’s decision halting the law “a bump in the road,” and the state appealed to the 9th U.S. Circuit Court of Appeals in San Francisco on Thursday.

Outside the state Capitol, hundreds of protesters began marching at dawn, gathering in front of the federal courthouse where Bolton issued her ruling on Wednesday. They marched on to the office of Maricopa County Sheriff Joe Arpaio, who has made a crackdown on illegal immigration one of his signature issues.

Continue reading

by

Earlier today, a federal judge blocked key portions of Arizona’s controversial immigration enforcement law from going into effect. In her ruling, United States District Court Judge Susan Bolton stated that some portions of Arizona’s immigration law will be able to go into effect today, as scheduled. However, the judge issued a preliminary injection against the parts of the law that call for police officers to check and verify people’s immigration status when they are enforcing other. In addition, the preliminary injunction also took issue with the part of the law that would require immigrants to carry documentation of their immigration status at all times. Both of these parts of the law have been placed on hold while Judge Bolton listens to various challenges to the law.

“There is a substantial likelihood that officers will wrongfully arrest legal resident aliens,” wrote Judge Bolton. “By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”
Arizona’s immigration enforcement law was adopted in April 2010 and has caused much controversy from both sides of the immigration debate. Opponents of the law have prevailed for now: The provisions that most angered opponents will not take effect, including sections that required officers to check a person’s immigration status while enforcing other laws.

by

The report, “Deportation by Default,” documents cases of non-citizens who could not understand questions, were delusional, couldn’t tell the date or time, and didn’t understand the concept of deportation for example, saying they wanted to be deported to New York. Thousands of mentally disabled immigrants are entangled in deportation proceedings each year with little or no legal help, leaving them distraught, defenseless and detained as their fates are decided. Their plight is detailed in a report issued Sunday by Human Rights Watch and the American Civil Liberties Union, who exhort federal authorities to do better.

Shortcomings outlined by the two groups include no right to appointed counsel, inflexible detention policies, insufficient guidance for judges on handling people with mental disabilities, and inadequately coordinated services to aid detainees while in custody. No one knows what to do with detainees with mental disabilities, so every part of the immigration system has abdicated responsibility. The result is people languishing in detention for years while their legal files and their lives are transferred around or put on indefinite hold.

by

Arizona has been hit with several lawsuits and dozens of business boycotts since the law was passed, and musicians have also gotten in on the act: Many are canceling shows in the state, while others are voicing their opposition through music.

Arizona is no stranger to musical protests over its politics. In 1991, Public Enemy’s “By the Time I Get to Arizona” lambasted Arizona’s decision not to recognize the holiday honoring Martin Luther King Jr. Stevie Wonder, Bill Cosby and others boycotted the state.

“We have to intervene in order to do whatever we possibly can to limit that state’s ability to function and implement the law,” Zack de la Rocha, of the band Rage Against the Machine, says in a Web video he’s produced. He’s organized a boycott of Arizona called The Sound Strike. So far, he’s recruited artists ranging from Kanye West and Nine Inch Nails to Latino bands such as Los Tigres del Norte. Jorge Hernandez says Los Tigres del Norte’s decision to join the boycott was personal: If the Los Angeles musicians were to come to Arizona, he says, they worry that police could detain them.

Continue reading

by

On July 20, 2010, the House of Representatives passed, by voice vote, the International Adoption Harmonization Act of 2010, to amend the Immigration and Nationality Act with respect to adopted alien children.

The International Adoption Harmonization Act of 2010, HR 5532, will allow an adopted child to legally immigrate so long as the adoption is completed and the petition is filed before the child turns 18. The current age limit is 16. The bill would also restore an international adoption exemption that was inadvertently eliminated when the U.S. joined the Hague Convention on Intercountry Adoptions.

The bill was sponsored by Immigration Subcommittee Chairwoman, Zoe Lofgren (D-CA).