Friday, May 28, 2010

Dora the Illegal Immigrant?

Click the header to read an interesting blog about Dora the Illegal Immigrant

US Naturalized Citizen of the Day- Oleg Cassini

Oleg Cassini (April 11, 1913 – March 17, 2006[1]) was a French-born American fashion designer noted for being chosen by Jacqueline Kennedy to design her state wardrobe in the 1960s. He became the exclusive costume designer for his then-wife, American film and stage actress Gene Tierney.

News from the Senate Floor

The Senate, yesterday, defeated three "bad" amendments that would militarize our border and do nothing for millions of families across the US who need immigration reform.
The following amendments, which needed at least 60 votes to pass, were all rejected:

Amendment 4214: Introduced by Senator McCain (R-AZ), would have added 6,000 more National Guard agents to the southern border. The amendment failed to pass 51-46.
Amendment 4228: Introduced by Senator Kyl (R-AZ), would have fully funded Operation Streamline at the southern border. The amendment failed to pass 54-44.
Amendment 4202: Introduced by Senator Cornyn (R-TX), would have added enforcement personnel, and 3,300 new detention beds at the southern border. The amendment failed to pass 54-43.
Amendment 4177: Introduced by Senator DeMint (R-SC), would have required the completion, within a year, of 700-miles of double-layered fencing along the southern border. The amendment failed to pass 45-52.

By: Richard I Fleischer, an attorney with over 30 years experience practicing Immigration Law in Cincinnati, Ohio and throughout the United States

Wednesday, May 26, 2010

Are you Smarter than an Immigrant??

Just saw this On MSNBC website, I know many US citiazns could not pass this test immigratns must take foir US Citizenship... Can you???

For those of you loyal followers of my blog and Naturalized US Citizen of the Day feature, all of these "famous" people " passed the test.. I ask again can you????

US Naturalized citizen of the day- Yoko Ono

Yoko Ono, most famously known as John Lennon's wife ( and subsequently breaking up the Beatles) was born born February 18, 1933 in Japan

Tuesday, May 25, 2010

ICE Attorney in Cleveland OHio believes in Justice?

By Richard I Fleischer, an Immigration Attorney with over 30 years experience, practicing in Cincinati, Ohio and throught the entire United States

Yesterday I was in trial for an individual hearing in Immigration Court. Before trail, the government's trial attorney informed me that my client's fingerprints revealed that he had a criminal conviction which my had not told me about. It may well be fatal to his chance to remain in the US.
Because of this conviction we had to change our pleading and tactics.

Afterwards, the trail attorney called me on my mobile phone and suggested that I get a copy of my client's conviction to review if it was a misdemeanor or a felony. If it proves to be a felony, nothing changes. If it proves to be a misdemeanor then the government will not opposed a Motion to reopen the case to reinstate our previous relief.

We'll see what we find.

Putting troops on the Border... not Immigration reform

From the Immigration Policy Center

When is Enough, Enough?
Meeting on Comprehensive Immigration Reform Ends with Call for More Enforcement

May 25, 2010

Washington, D.C. - Following a meeting to discuss comprehensive immigration reform with Senate Republicans, President Obama announced that he would send 1,200 National Guard troops to the U.S.-Mexico border and would request $500 million for additional border personnel and technology as part of the Emergency Supplemental Appropriations Bill.

As we have seen time and time again, efforts to overhaul the entire immigration system have taken a back seat to the political expediency of pouring more money into border enforcement. While it is clear that border violence must be addressed, it is also clear that enforcement alone is not a solution to our country's immigration problems.

Over the last two decades, the United States has spent billions of dollars on border enforcement. Since 1992, the annual budget of the U.S. Border Patrol has increased by 714 percent. At the same time, the number of Border Patrol agents stationed along the southwest border has grown by 390 percent. Interior enforcement has expanded as well, and detentions and deportations are at record levels. However, during the same time period, the number of undocumented immigrants in the United States has roughly tripled from 3.5 million in 1990 to 11.9 million in 2008, close family members of American families continue to wait in visa backlogs that routinely last 5 to 7 years, and Americas competitiveness in the global market place is challenged by difficulties recruiting and retaining exceptional foreign workers.

The President stated that the goal of the additional resources is to quell the violence along the border. While many are frustrated by the continued funding of border enforcement activity to the exclusion of other issues, the only bright side is that this approach seems to acknowledge that the real sources of violence and crime along the border are not immigrants but drug cartels and gun trafficking.

"Those Members of Congress who have insisted on 'border enforcement first' for years must now acknowledge that we are pouring ample resources into enforcement and must be prepared to move on to step two-comprehensive immigration reform," stated Benjamin Johnson, Executive Director of the American Immigration Council. "We need to address the root causes of illegal immigration and create a functional legal immigration system for the 21st century. The American people are hungry for real reform. We can no longer wait for politicians to squeeze every last political point out of this issue; we need real leadership that is focused on solutions, not headlines."

Non Immigrant Fees to Increase June 4

Nonimmigrant Visa Application Fees to Increase
June 4
May 24, 2010
Office of the Spokesman
Washington, DC

On May 20, 2010, the Department of State published an interim final rule in the Federal Register to increase nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The interim final rule also establishes a tiered structure with separate fees for different nonimmigrant visa categories. The new fees are scheduled to go into effect on June 4, 2010.

The Department is increasing fees to ensure sufficient resources to cover the rising cost of processing nonimmigrant visas. This increase applies both to nonimmigrant visas placed in passports and to border crossing cards issued to
certain applicants in Mexico. The new, tiered fee structure was created to cover the higher unit costs for processing certain categories of
nonimmigrant visas that are more complicated and require more in-depth consideration than most other categories of nonimmigrant visas. The Department is required to recover, as far as possible, the cost of processing nonimmigrant visas through the collection of the application fees. For a number of reasons, including new security enhancements, the $131 fee set on January 1, 2008 no longer covers the current, actual cost of processing nonimmigrant visas.
Under the new schedule of fees, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, will pay a fee of $140.
Applicants for petition-based visas will pay an application fee of $150. These categories include:
· H visa for temporary workers and trainees
· L visa for intracompany transferees
· O visa for aliens with extraordinary ability
· P visa for athletes, artists and entertainers
· Q visa for international cultural exchange visitors
· R visa for religious occupations

The application fee for K visas for fiancé(e)s of U.S. citizens will be $350. The fee for E visas for treaty-traders and treatyinvestors
will be $390. Concurrent with the publication of the interim final rule, the Department will also release additional cost of service data
and re-open the public comment period for an additional 60 days. At the conclusion of that period, the Department will consider public comments and publish a final rule. To view the interim final rule, please go to 75 Federal Register
28194. Comments may be submitted via
This fee increase information may also be found on the Department of State, internet site, on the

Fees for Visa Services webpage, and also on U.S. Embassy and Consulate websites abroad. Only the fees for nonimmigrant visas will change on June 4. Proposed fee changes related to U.S. passports, immigrant visas, and
other consular services are still under review.

Monday, May 24, 2010

The Bachelor Around the world premiers tonite on ABC

While not an immigration post, my brother Drew, a TV producer in Los Angeles California, has his show The Bachelorette Around the World (somewhat immigration law related) on tonite. I support him and the many suitors of the lovely Bachelorette Ali

Déjà Drew

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Immigration Court Backlog reaches All time HIgh

Transactional Records Access Clearinghouse


Greetings. The number of cases awaiting resolution before the Immigration
Courts reached a new all time high of 242,776 matters at the end of March
2010, according to an analysis of very timely court data by the
Transactional Records Access Clearinghouse (TRAC). The case backlog has
continued to grow -- up 6.3 percent -- since TRAC's last report four months
ago, and is nearly a third higher (30.4%) than it was a mere 18 months ago.
The average length of time cases have been waiting increased to 443 days.

TRAC's latest report on the Immigration Courts can be viewed at this

Released with this special report is an update to TRAC's Immigration Court
Caseload Tool, which provides a way to obtain case backlogs and waiting
times in each state, court, and hearing location. This information is also
available by nationality. For the Immigration Court Caseload Tool, go to:

TRAC is self-supporting and depends on foundation grants, individual
contributions and subscription fees for the funding needed to obtain,
analyze and publish the data we collect on the activities of the US Federal
government. To help support TRAC's ongoing efforts, go to:

Non Immigration Story, But interesting nonetheless

Lawyer jailed in solitary confinement has not committed a crime per se.

US Naturalized Citizen of the Day- Mark Rothko from Latvia

Mark Rothko, born Marcus Rothkowitz (September 25, 1903 – February 25, 1970), was a Latvian-born American painter. He is classified as an abstract expressionist, although he himself rejected this label, and even resisted the classification as an "abstract painter".

Friday, May 21, 2010

Arizona can pass it, but will ICE enforce it?

Today, Friday May 21, 2010, John Morton, assistant secretary of the U.S. Department of Homeland Security for U.S. Customs and Enforcement (ICE) said that ICE many "not necessarily" process illegal immigrants referred to them by Arizona authorities.

This was also reinforced by Janet Napolitano, Secretary of the U.s. Department of Homeland Security when she said that ICE is not obligated to process illegal immigrants referred to them by Arizona authorities.

By Richard Fleischer, Immigration Attorney in Cincinnati, Ohio who has practiced Immigration law for over 30 years. He has been pubshlised and lectured around the country in Immigraiton Law.

Class Action Law Suit in Arizona

Per Richard I. Fleischer

A class action law suit , in US federal court, was recently filed challenging Arizona's harsh immigration enforcement law, SB 1070. The suit claims that SB 1070 violates the Supremacy Clause of the US constitution in that it conflicts with and is preempted by Federal immigration laws.
Other parts of the suit claim that SB 1070 violates the equal protection rights under the Fourteenth Amendment of the Constitution as it "targets" those who are racial and national origin minorities by subjecting them to stop because of their race and/or national origin.
Also, the First Amendment of the US Constitution is is violated, the suit says, for violation of freedom of speech and the Fourth Amendment's prohibition on unreasonable searches and seizures, and due process under the Fourteenth Amendment.

This is only one of a number of suits that are filed and will be filed concerning this law to be.

By Richard FLeischer, Immigration Attorney in Cincinnati, Ohio who has practiced Immigration law for over 30 years. He has been pubshlised and lectured around the country in Immigraiton Law.

No More Green I-94W

Department of Homeland Security Secretary Janet Napolitano today announced the elimination of the paper arrival/departure form (Form I-94W) for authorized travelers from nations participating in the Visa Waiver Program (VWP)—streamlining secure travel for millions of visitors to the United States every year by consolidating the collection of traveler information and enhancing security by automatically providing DHS with important passenger information prior to departure.

US Natualized Citizen of the Day- Errol Flynn

Errol Flynn was born in Hobart, Tasmania (Australia) in 1909 . He was an actor, known for his romantic swashbuckler roles in Hollywood films and his flamboyant lifestyle.
After his appearance as Miles Hendon in The Prince and the Pauper (1937), he was cast in his most celebrated role as Robin Hood in The Adventures of Robin Hood (1938). He went on to appear in The Dawn Patrol (1938) with his close friend David Niven, Dodge City (1939), The Sea Hawk (1940) and Adventures of Don Juan (1948).

Thursday, May 20, 2010

Obama Naturalization Ceremony of US Service Members

Bush legacy could prevent Obama from challenging Arizona Immigration Law

By Jerry Markon
Washington Post Staff Writer
Tuesday, May 18, 2010

In the legal battle over Arizona's new immigration law, an ironic subtext has emerged: whether a Bush-era legal opinion complicates a potential Obama administration lawsuit against Arizona.

The document, written in 2002 by the Justice Department's Office of Legal Counsel, concluded that state police officers have "inherent power" to arrest undocumented immigrants for violating federal law. It was issued by Jay S. Bybee, who also helped write controversial memos from the same era that sanctioned harsh interrogation of terrorism suspects.

The author of the Arizona law -- which has drawn strong opposition from top Obama administration officials -- has cited the authority granted in the 2002 memo as a basis for the legislation. The Obama administration has not withdrawn the memo, and some backers of the Arizona law said Monday that because it remains in place, a Justice Department lawsuit against Arizona would be awkward at best.

Wednesday, May 19, 2010

H-1b visas are still available

H-1B is the nonimmigrant visa that allows work in the U.S. for up to six years (sometimes longer) for those that have at least the equivalent of a four year bachelor degree for an employer in the U.S. who needs such a degree and will pay at least the prevailing or actual wage. It is a much sought after visa classification ... usually.

Congress has designated only 65,000 H-1B's with an additional 20,000 for persons who has at least a masters degree from a US university.
Separately, in a job is for a U.S. university the is no "cap" at all. Jobs can be full time or part time.

By: Richard Fleischer, Attorney in Cincinnati Ohio practicing immigration law for over 35 years.

The government's fiscal year, which begins each October 1. Up until fiscal year 2010 the H-1B visa numbers for cap cases went extremely fast, being taken the first week of eligibility. Eligibility for file is six months before October 1 , that being April 1.

For fiscal year 2010 the H-1B cap numbers were not used until nearly the end of the calendar year in December so an employer, who does the actual filing for a potential employee, has until then to file. This fiscal year, 2011, the H-1B cap numbers are still available. How long will they remain open, who knows?

Obviously, the U.S. economy has played a huge part in this slow down" of filing by employers.However, since we do not know how many employer will file, it is urged that H-1B petitions to USCIS be filed as soon as possible to take advance of the opening.

By: Richard I. Fleischer, attorney in Cincinnati, Ohio who has practiced Immigration Law for over 35 years. Please contact him with any questions

Tuesday, May 18, 2010

CIncinnati Chamber of Commerce expands Minority accelerator

The Cincinnati USA Regional Chamber plans to expand its Minority Business Accelerator program to include Hispanic firms, it said Monday.

The program has been targeted to help African American-owned businesses since its inception in 2004. But recent lobbying by the Hispanic Chamber of Commerce in Cincinnati prompted an examination of the program and of the overall minority business community in the region.

"The study reaffirms our approach, but also suggests that now is the time to increase the level and scope of our work," said Ellen van der Horst, president of the regional chamber.

Over the next three years, the regional chamber said the number of businesses in the program will increase from 32 to 50. It will also work to find at least 10 more companies that pledge to spend on regional minority-owned suppliers.

The chamber will also invite business-to-government firms to participate in the program, which it says may increase the level of minority participation in public cotracts.

The study was conducted by the Institute for Entrepreneurial Thinking and La Verdad Marketing. The chamber said it found that, despite considerable improvement in the growth of minority businesses, significant disparities still exist with majority-owned businesses.

The study reviewed total annual sales of privately-held companies (with employees) in the 15-county region and concluded that, of the $195 billion of total annual sales, minority sales are only about a half percent ($1 billion) of the total. The study also found that disparities are most significant in the African-American and Hispanic populations.

The accelerator program has two parts: a portfolio of firms (currently 32) for which the Chamber program acts as a business growth consultant, and a spending goal, in which larger corporations agree to buy a certain dollar amount of goods and services from any minority-owned business in the region.

ACLU files Class Action Lawsuit against Arizona Law SB1070

"The American Civil Liberties Union and a coalition of civil rights groups filed a class action lawsuit today in the U.S. District Court for the District of Arizona challenging Arizona's new law requiring police to demand "papers" from people they stop who they suspect are not authorized to be in the U.S. The extreme law, the coalition charged, invites the racial profiling of people of color, violates the First Amendment and interferes with federal law."

Monday, May 17, 2010

Cincinnati Ohio needs Immigrants

Business Courier of Cincinnati - by Doug Bolton Publisher

Arizona, Greater Cincinnati will take the 100,000 immigrants you’ve chased away since 2007. And we’ll take the immigrants you’re going to chase away as a result of your state’s approval of legislation that gives police the ability to stop citizens and ask them for verification of their citizenship.

But we’ll need to export to you at least two Butler County elected officials who choose to live in a previous century.

The legislation may be right for a border state frustrated by weak federal enforcement of immigration laws. The Arizona legislation may just be a bargaining chip to make progress on that front.

But in the meantime, embracing immigrants could be one way Greater Cincinnati climbs out of the deep hole created by the Great Recession.

Recent studies of census data show that continuous waves of immigrants are part of what make cities and regions thrive.

“Roughly 25 percent of successful high-tech startups over the last decade were founded or co-founded by immigrants,” says Robert Litan, who directs research at the Kauffman Foundation, which specializes in promoting innovation in America.

Others have observed that those who are willing to leave their home countries are inherent risk-takers, a quality that can often make them successful entrepreneurs.

Around 3 percent of Greater Cincinnati’s population is foreign-born. That compares to an average of 20 percent foreign-born for the U.S.’s top 25 metros. So we have a ways to go to catch up.

To communicate a pro-immigration message and to start to strategize on how to better attract immigrants, local leaders have organized an event May 18 from 8:30-10 a.m. at the Cincinnati USA Regional Chamber to discuss the immigration issue.

On the agenda: Stories from recent immigrants; historical perspective from Leadership Cincinnati’s Dan Hurley; analysis of the economic impact of immigrants from Benjamin Passty, director of the University of Cincinnati’s Applied Economics Research Institute; and current perspectives from Leonel Calderon, director of Northern Kentucky University’s Latino Student Affairs. The event is free, but reservations to are appreciated.

But we first must stop the anti-immigration antics of Butler County Sheriff Rick Jones and Ohio Rep. Courtney Combs, R-Ross Township. In the wake of the Arizona legislation, both have asked Ohio Gov. Ted Strickland to prepare similar legislation. Fortunately, Strickland has said no. I’m surprised by Combs’ take on this issue, but this is more of the same from Jones. I bet Arizona has plenty of work for Jones to put in for a transfer.

New Columbus Ohio Office. Call for an Appointment~

The Fleischer Immigration Law Group is proud to announce that Richard Fleischer, an attorney with over 30 years of experience, and who has won numerous honors for his work, will be available BY APPOINTMENT ONLY for consultations in its new Columbus Ohio office located at 857 South High Street, Columbus, Ohio 43206.

View Larger Map

Call today for an appointment

US Naturalized Citizen of the Day- Sergei Rachmaninoff

Sergei Vasilievich Rachmaninoff was born April 1, 1873 in Russia. He was a composer, pianist, and conductor. He was considered one of the finest pianists of his day and, as a composer, very nearly the last great representative of Russian late Romanticism in classical music

You can now file a Complaint against an Immigration Judge. Do it Here!

The Office of the Chief Immigration Judge has established a procedure that allows any person to file a complaint about the conduct of an Immigration Judge. Below are links to documents which describe how to file a complaint, the procedures used to process complaints, and statistics concerning the disposition of complaints." EOIR, May 14, 2010.

Thursday, May 13, 2010

Another Nanny Gate?

The proposed new head of CBP(Customs and Border Protection) may have had some Immigration issues in the hiring of a nanny for his family.

New Student Visa F-1 information

DOS issues new cable on Student F-1 visa

Tuesday, May 11, 2010

Saturday, May 8, 2010

Military Spouses caught in immigration web

Article from NYT times talking about spouses of US military fearing deportation of their spouses

Thursday, May 6, 2010

US Naturalized Citizen of the Day- Ciro Rodriguez

Ciro Davis Rodriguez (born December 9, 1946 in Mexico ) is a Democratic Congressman who has represented Texas's 23rd congressional district since 2007

Professional Athletes weigh in on Arizona Immigration law

Grant Hill and the Phoenix Suns wear their Los Suns jersery in support of Hispanics

18 Conferences move out of Arizona

The controversial new law passed in Arizona has many conventions boycotting the state. The American Immigraiton Lawyers Associaiton, AILA, led the charge and cancelled their conference in Phoenix despite losings over 10K.

Tuesday, May 4, 2010

Minister Keith Thomas wins 30-year citizenship fight

Minister Keith Thomas wins 30-year citizenship fight

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Attorney Richard Fleischer wins case ! Saves Cincinnati Pastor from Deportation

Cohen, Todd, Kite & Stanford's Richard I. Fleischer wins case in front of Immigration Judge saving Cincinnati Pastor Keith Thomas from Deportation. Thomas, who was convicted of minor drug conviction 30 years ago was facing deportation due to draconian immigration laws. Thomas, who entered the USA legally, had a wife and children in the US, has served as a pstor at the Vineyard Community Church in Cincinnati.

Richard Fleischer, argued that Thomas' deportation would create an extreme hardship for his family. Neither he nor Thomas would discuss the hardship, but it convinced Immigration Judge Rodger Harris to halt deportation proceedings.

Congrats to Keith, Richard and the entire Vineyard Community!

Good to hear a positive immigration case once and a while.

New York Governor seeks to Pardon Immigrants with criminal convictionsfacing deportation

Gov. David A. Paterson announced on Monday that the state would accelerate consideration and granting of pardons to legal immigrants for old or minor criminal convictions, in an effort to prevent them from being deported. May 3, 2010 NYT

Former USCIS Director talks about Immigration Myths

Despite the fact that we are a nation of immigrants -- or perhaps because of it -- immigration continues to be one of America's most contentious topics. The new law in Arizona authorizing police to arrest individuals who cannot show documents proving that they are in the country legally has set off a fresh bout of acrimony. But as in the past, much of the debate is founded on mythology.

In The Washington Post DOris Meisner talks about the myths of immigration reform
From 1993 to 2000, she served in the Clinton administration as Commissioner of the INS, then part of the US Department of Justice. Her accomplishments included reforming the nation's asylum system; creating new strategies for managing US borders; improving services for immigrants; and shaping new responses to migration and humanitarian emergencies. She first joined the Department of Justice in 1973 as a White House Fellow and Special Assistant to the Attorney General and then served in various senior policy posts at Justice, including Acting Commissioner and Executive Associate Commissioner of INS.

US Naturalized Citizen of the Day - Greta Garbo

Garbo was born Greta Lovisa Gustafsson in Stockholm, Sweden.

Garbo was nominated for an Academy Award for Best Actress for Anna Christie (1930), Romance (1930), Camille (1937) and Ninotchka (1939).

Ohio Developer To be Sentenced to Federal Prison

Larry Gunsorek, 63, of 233 S. Dawson Ave. in Bexley, could be sentenced to five years in prison and fined $250,000. He is free pending sentencing by Magistrate Judge Terence P. Kemp of U.S. District Court. Gunsorek is the president and founding partner of Anchor Management Group, which operates retail centers, government buildings, residential properties and office space in central Ohio. The U.S. attorney's office said he used undocumented workers to do renovation, construction, landscaping and maintenance at the properties from September 2005 to June 2008.