Visa Lawyer Blog

by

This memorandum outlines the civil immigration enforcement priorities of U.S. Immigration and Customs Enforcement (ICE) as they relate to the apprehension, detention, and removal of aliens. These priorities shall apply across all ICE programs and shall inform enforcement activity, detention decisions, budget requests and execution, and strategic planning.

A. Priorities for the apprehension, detention, and removal of aliens
In addition to our important criminal investigative responsibilities, ICE is charged with enforcing the nation’s civil immigration laws. This is a critical mission and one with direct significance for our national security, public safety, and the integrity of our border and immigration controls. ICE, however, only has resources to remove approximately 400,000 aliens per year, less than 4 percent of the estimated illegal alien population in the United States. In light of the large number of administrative violations the agency is charged with addressing and the limited enforcement resources the agency has available, ICE must prioritize the use of its enforcement personnel, detention space, and removal resources to ensure that the removals the agency does conduct promote the agency’s highest enforcement priorities, namely national security, public safety, and border security.

Priority 1. Aliens who pose a danger to national security or a risk to public safety
The removal of aliens who pose a danger to national security or a risk to public safety shall be ICE’s highest immigration enforcement priority. These aliens include, but not limited to:
• aliens engaged in or suspected of terrorism or espionage, or who otherwise pose a danger to national security; • aliens convicted of crimes, with a particular emphasis on violent criminals, felons, and repeat offenders; • aliens not younger than 16 years of age who participated in organized criminal gangs; • aliens subject to outstanding criminal warrants; and • aliens who otherwise pose a serious risk to public safety.

Priority 2. Recent illegal entrants
In order to maintain control at the border and at ports of entry, and to avoid a return to the prior practice commonly and historically referred to as “catch and release,” the removal of aliens who have recently violated immigration controls at the border, at ports of entry, or through the knowing abuse of the visa and visa waiver programs shall be a priority.

Priority 3. Aliens who are fugitives or otherwise obstruct immigration controls
In order to ensure the integrity of the removal and immigration adjudication processes, the removal of aliens who are subject to a final order of removal and abscond, fail to depart, or intentionally obstruct immigration controls, shall be a priority.

Continue reading

by

The President was passionate about the need to pass Comprehensive Immigration Reform asserts while speaking to 24 American service members as they became citizens USA in April. Over the years, many have attempted to confront this challenge, but passions are great and disagreements run deep. Yet surely we can all agree that when 11 million people in our country are living here illegally, outside the system, that’s unacceptable. The American people demand and deserve a solution. And they deserve common-sense, comprehensive immigration reform grounded in the principles of responsibility and accountability.

As he explained, and as his record shows, the government has a responsibility to enforce the law. But as he also explained, the only way to truly fix our broken immigration system is with a comprehensive federal approach.

The President will make clear that this is a top priority and call on Congress to tackle it in a major speech at American University at 10:45AM EDT today.

by

Gov. Phil Bredesen signed legislation requiring local jailers to attempt to determine the immigration status of prisoners and forward the information on to federal immigration officials. Gov. Bredesen, a Democrat, said in a statement. “While I do have concerns about this legislation, this bill seeks to set up a verification process similar to what exists in our state’s major cities, and I have been supportive of these efforts.”

Legislative Republicans touted the measure as a major step forward in combating illegal immigration in Tennessee.State officials must develop a “standardized written procedure for verifying the citizenship status of individuals who are arrested, booked or confined for any period in a county or municipal jail or detention facility.” Prisoners will be referred to the “appropriate” immigration agency if local officials determine they are in violation of federal immigration laws or are unable to ascertain their immigration status.

The bill was opposed by immigrant groups and the Tennessee chapter of the American Civil Liberties Union.

Continue reading

by

Canadian Immigration Minister Kenney said that Canadian citizenship is more than a legal status, more than a passport. We expect citizens to have an ongoing commitment, connection and loyalty to Canada while introducing a new changes in Canadian Immigrant norms. The main motive behind these changes to prevent citizenship fraud. As promised in the Speech from the Throne, these amendments will streamline the process to take citizenship away from those who have acquired it by fraud, including by concealment of their war crimes. And it would take decision-making away from politicians and give it to the courts.

The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:

– There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants – The Cracking Down on Crooked Consultants Act.

Continue reading

by

As am Immigration Attorney that processed many H2A farm worker visas, I am happy to present the Take our Jobs initiative.

There are two issues facing our nation–high unemployment and undocumented people in the workforce–that many Americans believe are related.

Missing from the debate on both issues is an honest recognition that the food we all eat – at home, in restaurants and workplace cafeterias (including those in the Capitol) – comes to us from the labor of undocumented farm workers.

Continue reading

by

USCIS is going to launch a pilot program in July 2010 that will use Dun & Bradstreet databases to verify business information of employers who submit immigration related petitions. “Verification Instrument for Business Enterprises” (VIBE) is a tool intended to help combat immigration fraud, and to minimize RFE’s regarding petitioners’ business data and eventually to make submission of routine documentation unnecessary.

VIBE will be used to verify a petitioner’s ownership, date of establishment, current address, number of employees, business activities, and relationship with other entities, etc. In case of discrepancies between VIBE and the information contained in a petition, the employer will give an opportunity to explain the discrepancy.

The full implementation of VIBE is expected to take place later in the year 2010. Hence, we are advising our all corporate clients to verify and keep updated their D&B information.

by

Aliens who married or had children before the date of obtaining permanent residency can possibly confer “following-to-join” benefits to their family members. Due to this process, spouses and children will be able to receive green cards quickly. “Following-to join” is not family based immigration, but is similar to a child/spouse receiving derivative benefits based on a primary LPR’s immigration petition.

Here are the following requirements to be met in order for a spouse or child to qualify under “following-to-join”:

1. The LPR must have adjusted status or obtained an immigrant visa through a preference category (family or employment based) or diversity lottery. A LPR’s visa number must also be current in order for a family member to receive “following-to-join”.

Continue reading

by

I met with a new client in my office the other day, he presented to me a Notice of Intent to Rescind his status by USCIS. The Service alleges that he is subject to rescission, because he was not living together with his wife at the time of the adjustment interview, and that he had lied about their living arrangements to the interviewing USCIS officer. What can one do in this situation?

The first analysis that comes to mind is Matter of McKee, 17 I & N Dec. 332 (BIA 1980). In Matter of McKee the Board of Appeals held that a visa petition could be approved, even though the parties had separated and the marriage was no longer viable, as long as the marriage was bona fide at inception, and had not been terminated. This is a key point even today and many USCIS officers seems to ignore this concept.

In another case, Matter of Boromand, 17 I&N. Dec. 2811 (BIA 1980), The Board reviewed the evidence and concluded that it did “not appear that the respondent married” his United States citizen wife for the “sole purpose of evading the immigration laws. Based on this finding, the Board concluded that the adjustment could not be rescinded, based on the charge that he had materially misrepresented his living arrangements with his wife at the time of the adjustment interview.

Continue reading

by

The American Competitiveness and Workforce Improvement Act (ACWIA), imposes annual reporting requirements on U.S. Citizenship and Immigration Services (USCIS) concerning the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under H1B Visas during the previous fiscal year.

Here are some highlights from the report submitted by USCIS earlier this year:

• The number of H-l B petitions filed decreased 15 percent from 288,764 in Fiscal Year

Continue reading

by

Seems like Nebraska is following in the steps of Arizona. Voters in eastern Nebraska will decide today whether to ban hiring or renting property to illegal immigrants. The vote will be the culmination of a two-year fight that saw proponents collect enough signatures to put the question to a public vote. If the ordinance is approved, the community of 25,000 people could face a long and costly court battle. Either way, the emotions stirred up won’t settle quickly.The vote will be the culmination of a two-year fight that saw proponents collect enough signatures to put the question to a public vote. If the ordinance is approved, the community of 25,000 people could face a long and costly court battle. Either way, the emotions stirred up won’t settle quickly.

From about 165 Hispanics — both legal and illegal — living in Fremont in 1990, the total surged to 1,085 in 2000, according to census expert David Drozd at the University of Nebraska at Omaha. He said an estimated 2,060 Hispanics lived there last year. In May, Fremont recorded just 4.9 percent unemployment, in line with the statewide rate and significantly lower than the national average of 9.7 percent.

If approved, the measure will require potential renters to apply for a license to rent. The application process will force Fremont officials to check if the renters are in the country legally. If they are found to be illegal, they will not be issued a license allowing them to rent.

Continue reading