Thursday, April 29, 2010

I can't believe they actually said this

Political candidate in Iowa suggested microchipping deported aliens
Click here to read about it

And better yet, Let's Deport US citizen children. US Representative Duncan Hunter suggest his genius idea

Click Here

Former President Clinton shares same sentiment as Fleischer Immigration Practice Group

Former President Bill Clinton waded into the debate on Wednesday with the bravado of someone never facing election again. “I don’t think there’s any alternative but for us to increase immigration,” he said, both to help the economy grow and to fix the long-term finances of Medicare and Social Security. “I just don’t see a way out of this unless that’s part of the strategy,” he added in his remarks at a meeting on fiscal policy in Washington. NY TImes 2010

Cartoon about Arizona Immigration Law

Tuesday, April 27, 2010

US Naturalized Citizen of the Day- Samuel Gompers

Samuel Gompers was born on January 27, 1850 in London, England. He was an American labor union leader and a key figure in American labor history. Gompers founded the American Federation of Labor (AF of L), and served as that organization's president from 1886 to 1894 and from 1895 until his death in 1924.

H-1b Visa Count---They are still available

As of April 15, 2010, approximately 13,600 H-1B cap-subject petitions had been filed. USCIS has received 5,800 H-1B petitions for aliens with advanced degrees

Immigration Judge throws out reporter

Private security guards stormed the waiting room where I was writing notes on Mr. Cassidy's most recent bizarre behavior, discussed below. A private security guard told me I had to leave. I asked him why. Backed by others in his gang, he repeated his "order" and then he took out hand cuffs." Prof. Jacqueline Stevens, Apr. 25, 2010.

Saturday, April 24, 2010

Will CIR Pass?

According to CNN, The push for immigration reform may be on the front burner for congressional Democrats, but sources say that ultimately, they believe the issue is unlikely to have enough votes to pass.

AILA Boycotts Arizona

The Board of Governors of the American Immigration Lawyers Association (AILA), moments after Arizona Governor Jan Brewer signed into law the harshest anti-immigration bill passed in the U.S. in more than a decade, instructed its Executive Committee to move the Association’s fall 2010 conference, previously scheduled for Arizona, to another state.

Friday, April 23, 2010

US Natualized Citizen of the Day- Claudette Colbert

Claudette Colbert was born on September 13, 1903 in Saint-Mandé, France
She was a French-born American stage and film actress. Colbert was recognized as one of the leading female exponents of screwball comedy; she won the Academy Award for Best Actress for her comedic performance in It Happened One Night (1934), and also received Academy Award nominations for her dramatic roles in Private Worlds (1935) and Since You Went Away (1944).

Arizona anti-immigraiton Bill, Ohio next?

"A bill the Arizona Legislature passed this week that would hand the state and local police broad powers to enforce immigration law has split police groups and sown confusion over how the law would be applied. While Gov. Jan Brewer, a Republican, has yet to say whether she will sign the bill into law, on Wednesday a national police group condemned it as likely to lead to racial and ethnic profiling and to threaten public safety if immigrants did not report crime or did not cooperate with the authorities out of fear of being deported." NYT, Apr. 21, 2010.

Wednesday, April 21, 2010

Lawsuit against Butler County, Oh Sheriff

A Removed Mexican citizen wins a lawsuit against Butler County Ohio and its Sheriff Richard Jones. The plaintiff was awarded $100,000.

The suit, filed on behalf of Luis Roberto Rodriguez Trevino, alleged Jones' deputies violated his constitutional rights when they "seized" him at a West Chester construction site in 2007. The suit also said Jones lacked the legal authority to enforce federal laws that make it a civil violation - not a crime - for immigrants to be in the United States without proper documentation.

Thursday, April 15, 2010

US Naturlaized Citizen of the day- Alexander Graham Bell

Alexander Bell was born in Edinburgh Scotland on March 3, 1847. He was was an eminent scientist, inventor, engineer and innovator who is credited with inventing the first practical telephone.

Gree Card stats 2009

"In 2009, a total of 1,130,818 persons became LPRs of the United States. The majority of new LPRs (59 percent) already lived in the United States when they were granted lawful permanent residence. Nearly two-thirds were granted permanent resident status based on a family relationship with a U.S. citizen or legal permanent resident of the United States. The leading countries of birth of new LPRs were Mexico (15 percent), China (6 percent), and the Philippines (5 percent)." DHS, Apr. 2010.

Wednesday, April 14, 2010

Naturalized US Citizen of the Day- Dr. Ruth Westheimer

Ruth Westheimer ( Karola Ruth Siegel) was born June 4, 192 in Karlstad, Germany is an German-American sex therapist, media personality, and author. She is Best known as Dr. Ruth.

Sad Story abouy sick boy whose mother faces Deportation

Angel de Jesus Barrera will turn 3 next month. But at 22 pounds and eight
ounces, he is fighting for his life as his mother faces deportation later
this month.

By JAZMINE ULLOA, The Brownsville Herald

Az Passes Draconian Immigration Law

This Law, which is sure to be challenged by groups, will have a severe impact on undocumented workers. Inadequately trained law enforcement officials will now have to determine immigration status. This law will be challenged under the theory that the federal government has the SOLE authority to enforce immigration

Monday, April 12, 2010

USCIS continues to accept H-1b applications

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced it continues to
accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will
monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s
degree or higher educational exemption.

Friday, April 9, 2010

US Naturalized Citizen of the day- Henry Steinway

Henry E. Steinway was born February 17, 1797 in Germany. He was the founder of the Steinway concert pianos.

Wedding Penalty Victory

"A Thai immigrant slated to be deported with her children after the death of her American husband was granted a green card under a new law meant to protect people in such situations." AP, Apr. 7, 2010.

Wednesday, April 7, 2010

H-1B count FY 2011

At the VSC Stakeholder meeting held on Tuesday, April 6, 2010, VSC reported that, as of close of business on Monday, April 5, 2010, VSC had received a total of 9,525 cap-subject H-1B petitions. Of those petitions, 6,791 were "regular" cap, and 2,734 were advanced degree. All cases received before April 7, 2010, will have an April 7, 2010 receipt date. Those received on April 7, 2010 or later will bear the actual receipt date. For those submitted for Premium Processing, the clock will start on April 7, 2010.

USCIS: The USCIS Naturalization Interview and Test

USCIS: The USCIS Naturalization Interview and Test

The USCIS Naturalization Interview and Test was developed as an informational resource for individuals interested in learning more about the naturalization process. The 16-minute video provides an overview of the naturalization process including the eligibility requirements, the application process, preliminary steps, the naturalization interview, the English tests and the U.S. history and government test (civics). The video includes two simulated interviews between applicants and USCIS Officers. Individuals applying for naturalization may use this video as a reference tool to prepare for the naturalization interview. Teachers and volunteers can use this video to complement classroom instruction.

US Naturlaized citizen of the Day Isaac Asimov

Isaac Asimov born Isaak Yudovich Ozimov, was born January 2, 1920 in the USSR. He was an American author and professor of biochemistry at Boston University, best known for his works of science fiction and for his popular science books.

Tuesday, April 6, 2010

Sucess Story - Vacated plea is not an admission

Attorney Neil Fleischer sucessfully argued that a guilty plea, whether followed by a conviction or not, does not qualify as an admission for inadmissibility purposes. Without a conviction, to be an admission, the plea would have to have been taken following detailed explanations of the crime and the purpose of the questioning. The record shows that this did not occur. In fact, the failure to explain the immigration consequences of the plea was the very reason that the conviction was vacated.
Attorney Neil Fleischer argued that A conviction vacated on the ground that the immigration consequences of a guilty plea were not explained to the defendant is vacated on the basis of a defect in the proceedings and may not be used for immigration purposes. See Matter of Adamiak, supra. Under the rule that where there has been a judicial criminal disposition regarding a particular act, an admission of that act cannot have any greater immigration consequences than the disposition itself, Attorney Fleischer client’s plea may also not be used for immigration purposes. See Matter of Winter, supra. As in Matter of Adamiak, Attorney Neil Fleischer's client conviction was vacated because the immigration consequences of his guilty plea were not explained to him, with the result that his conviction may not be used for inadmissibility purposes. Due to this, Attorney Fleischer's client plea may also not be used, because to do so would be to allow the plea to have greater immigration consequences than the criminal disposition.

Finally, Attorney Neil Fleische sucessfully argued the immigration court may not look behind the Ohio state court’s judgment vacating his client's guilty plea to make its own determination. Rather, under federal law, the immigration court must give full faith and credit to the state court’s judgment.

Monday, April 5, 2010

US Natualized Citizen of the Day- Albert Pujols

Albert Pujols was Born on January 16, 1980. Pujols was raised in Santo Domingo, Dominican Republic.

Mexican asylum applications are rising

"In fiscal year 2008, asylum officers and immigration judges combined approved 250 Mexican asylum petitions compared to 153 the previous year and 133 in 2006 -- the formal start of the war on drugs launched by Mexican President Felipe Calderón." Miami Herald, Apr. 2, 2010.

Friday, April 2, 2010

Naturalized US Citizen of the Day- Albert Einstein

Albert Einstein was born in Ulm, in the Kingdom of Württemberg in the German Empire on 14 March 1879.

African Scam

I can not believe this story.

A lawsuit filed in Ohio this week accuses two Baker Hostetler attorneys of supporting a fraud in which a former legal secretary for the firm allegedly scammed "investors" out of hundreds of thousands of dollars she claimed to need to pay tax on a $14.5 million African inheritance.

Thursday, April 1, 2010

AILA warns of third country H-1b processing

Practice Pointer: Third Country Nationals (TCNs) Should Use Caution When Processing
Non-Immigrant Visa Applications in Canada
By Jerry Grzeca (Vice Chair), AILA Department of State Liaison Committee [April 2010]
The Department of State Liaison Committee reminds AILA members and their third country national clients (TCNs) to use caution when considering applying for non-immigrant visas at U.S. consular posts in Canada. Third Country Nationals with Foreign Degrees With increasing regularity, U.S. consular posts in Canada are refusing visas under INA § 221(g)
to TCNs with foreign degrees who have not been previously issued H-1B visas from their home posts, and are referring them to their home countries for visa processing. We believe that the Canadian posts' distrust of degrees that are not from the U.S. or Canada stems from past discoveries of fraudulent degrees from certain parts of the world. While Mission Canada does not publish this as official policy, it does warn on its website that this situation may happen( where it says under the H-1B section, "Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and/or work experience is solely or predominantly from a country other than the U.S. or
Canada." Third Country Nationals Applying for Visas in Canada Who Last Entered the U.S. as Visitors Mission Canada also generally discourages TCNs from applying at Canadian posts if they last entered the U.S. in visitor status as indicated by the following note in the NVARS On-line Appointment System: Note: The Visa Appointment Reservation System is intended for use by persons in the U.S. and Canada. Persons physically present in the U.S. or Canada may obtain an
appointment and apply for a nonimmigrant visa at one of the U.S. consular posts in Canada. Please be aware that it is generally more difficult for applicants to obtain visas when they apply outside their home country. Consular officers in Canada may be unable to properly assess the circumstances of and/or evaluate foreign documents presented by applicants who are visitors in Canada. In such cases, the consular officer may deny the visa application and recommend that the applicant return to his/her country of normal residence. For this reason, persons applying for F, M, J, H, or L visas, who are presently
AILA InfoNet Doc. No. 10040135. (Posted on 4/1/10). in the United States on a B (tourist or business) visa or on a visa waiver, are strongly advised to apply for their new visas in the country of their permanent residence. (Emphasis added.) See The DOS Liaison Committee continues to work with the Visa Office at the Department of State in an effort to encourage them to facilitate visa processing for TCNs applying in Canada. 
AILA InfoNet Doc. No. 10040135. (Posted on 4/1/10).

US naturalized citizen of the Day - California Governor Arnold Schwarzenegger

California Governor Arnold Schwarzenegger was born on July 20, 1947. Schwarzenegger was born in Thal, Austria, a small village bordering the Styrian capital Graz, and was christened Arnold Alois Schwarzenegger

Seminal case on immigration law ruled by Supreme Court

"Today’s ruling by the Supreme Court of the United States underscores how significantly our nation’s immigration laws have changed in recent years and how dramatic the impact of those changes are when noncitizens are accused of crimes." ABA, Mar. 31, 2010.