Visa Lawyer Blog

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,

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.

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!!

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.

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).

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

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