I am an immigration lawyer with over 15 years experience in the field. Immigration law is one of the most complex and frustrating fields of law today. This blog is an attempt to shed some light on Immigration Law.
Showing posts with label CIR. Show all posts
Showing posts with label CIR. Show all posts
Tuesday, August 6, 2013
Mark Zuckerberg "likes" CIR and "pokes" Congress to do pass comprehensive immigration reform as it effects high tech workers too
"Facebook CEO Mark Zuckerberg supported immigration refporm Monday night when he joined publicly with tech leaders, civil rights activists and undocumented immigrants to call for a comprehensive overhaul of the nation's immigration policies - an issue he said touches not just Silicon Valley but "the whole country." "This is something that we believe is really important for the future of our country - and for us to do what's right," the social media innovator told a crowd of several hundred at the Yerba Buena Center for the Arts in San Francisco.
H-1b visas are used to bring high tech workers and those with BA degrees r higher to the United States to work.
The current law limits to 65,000 the number of foreign nationals who may be issued a visa or otherwise provided H-1B status each fiscal year (FY). Laws exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas. In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities, non-profit research facilities associated with universities or government research facilities
Friday, July 26, 2013
New Visa Category for Comprehensive Immigration Reform
With Comprehensive Immigration Reform on again off again proposition, the fine folks at the Onion had a new idea for a new visa category. Click link below for details from the Onion
http://tinyurl.com/q5pquo8
Thursday, July 18, 2013
Hail to the victors. University of Michigan to allow in state tuition to undocumented aliens
ANN ARBOR, Mich.—The University of Michigan on Thursday decided to let immigrants living in the country illegally pay lower, in-state tuition, a victory for activists who said one of the nation's most prestigious schools is financially out of a reach for high school graduates living in the state without legal permission.
Monday, February 25, 2013
Tumblr creator, AOL co-founder, and others back 'virtual march' for immigration reform
Tumblr creator, AOL co-founder, and others back 'virtual march' for immigration reform
As some of the most visibly successful American companies, startups and larger tech outfits enjoy favored status in political discourse. Finding "the next Steve Jobs" is a common talking point (it's showed up in, among other places, the 2012 State of the Union Address), and Obama has consistently called for better STEM (science, technology, engineering, and math) education to allow the US to maintain its technological prowess. At the same time, internet companies are pushing their own causes: Google has become a major player in Washington over the past year, and the SOPA protests of 2012 set a model for online company-backed activism. Now, as a new immigration plan is being workshopped in the Senate, parts of the tech community are putting their weight behind reform.
Beng it here for entire article from Adi Robertson of The Verge
http://www.theverge.com/2013/2/25/4027928/tech-sector-members-back-virtual-march-for-immigration-reform
Wednesday, January 30, 2013
The "Immigration Innovation Act of 2013" May Double H-1B Visa Cap
With all the talk of CIR, The "Immigration Innovation Act of 2013" May Double H-1B Visa Cap and will help "LEGAL" business based Immigration
According to the ACT
1. Increase H-1B cap from 65,000 to 115,000
2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)
o If the cap is hit in the first 45 days when petitions may be filed, an additional 20,000 H-1B visas will be made available immediately.
o If the cap is hit in the first 60 days when petitions may be filed, an additional 15,000 H-1B visas will be made available immediately.
o If the cap is hit in the first 90 days when petitions may be filed, an additional 10,000 H-1B visas will be made available immediately.
o If the cap is hit during the 185-day period ending on the 275th day on which petitions may be filed, and additional 5,000 H-1B will be made available immediately.
3. Uncap the existing U.S. advanced degree exemption (currently limited to 20,000 per year)
4. Authorize employment for dependent spouses of H-1B visa holders
5. Increase portability of high skilled foreign workers by:
o Removing impediments and costs of changing employers;
o Establishing a clear transition period for foreign workers as they change jobs; and,
o Restoring visa revalidation for E, H, L, O, and P nonimmigrant visa categories
Student Visas
Allow dual intent for foreign students at U.S. colleges and universities to provide the certainty they need to ensure their future in the United States
Immigrant Visas and Green Cards
Enable the recapture of green card numbers that were approved by Congress in previous years but were not used
Exempt certain categories of persons from the employment-based green card cap:
o Dependents of employment-based immigrant visa recipients
o U.S. STEM advance degree holders
o Persons with extraordinary ability
o Outstanding professors and researchers
Provide for the roll-over of unused employment-based immigrant visa numbers to the following fiscal year so future visas are not lost due to bureaucratic delays
Eliminate annual per-country limits for employment based visa petitioners and adjust per-country caps for family-based immigrant visas
U.S. STEM Education & Worker Retraining Initiative
Reform fees on H-1B visas and employment-based green cards; use money from these fees to fund a grant program to promote STEM education and worker retraining to be administered by the states
Tuesday, January 29, 2013
AILA highlights Pres. Obama's Immigration Reform Spech
From American Immigration Lawyer Association
Today, President Obama called for common sense, comprehensive immigration reform, saying unequivocally that now is the time for action. He noted that most Americans agree that it is time to "fix the system that has been broken for way too long" and that immigration reform will strengthen our economy and our nation's future.
AILA applauds the President's commitment to key principles at the heart of meaningful immigration reform, starting with an earned path to legal status that eventually could be converted to citizenship for the 11 million undocumented in our communities, and including:
Eliminating the extremely long wait times for families to be reunited with loved ones with temporary and permanent reforms to the family-based immigration system.
Treating same-sex families just like other families.
Eliminating long wait times for employers and prospective employees by reducing backlogs and adding visas.
Granting green cards to graduates in science, technology, engineering and math fields, creating a "startup visa" for job-creating entrepreneurs, and expanding opportunities for investors contributing to U.S. economic development.
Expediting an opportunity for DREAMers to earn their citizenship.
Investing in our immigration courts and providing greater protections for those least able to represent themselves.
Providing broader discretion to judges to help keep families together when they face hardship.
Imposing tough criminal penalties on notarios who prey on vulnerable immigrants.
Monday, January 28, 2013
IS CIR coming ?
A bipartisan group of leading senators has reached agreement on the principles of sweeping legislation to rewrite the nation's immigration laws.
The deal, which was to be announced at a news conference Monday afternoon, covers border security, guest workers and employer verification, as well as a path to citizenship for the 11 million illegal immigrants already in this country.
Although thorny details remain to be negotiated and success is far from certain, the development heralds the start of what could be the most significant effort in years toward overhauling the nation's inefficient patchwork of immigration laws.
President Barack Obama also is committed to enacting comprehensive immigration legislation and will travel to Nevada on Tuesday to lay out his vision, which is expected to overlap in important ways with the Senate effort.
The eight senators expected to endorse the new principles Monday are Democrats Charles Schumer of New York, Dick Durbin of Illinois, Robert Menendez of New Jersey and Michael Bennet of Colorado; and Republicans John McCain of Arizona, Lindsey Graham of South Carolina, Marco Rubio of Florida and Jeff Flake of Arizona.
Keep following us for breaking news on CIR
Wednesday, December 26, 2012
Obama softens stance on Immigration enforcement
The Obama administration softened its enforcement immigration policies on Friday announced a policy change that — if it works — should lead to smarter enforcement of the immigration laws, with greater effort spent on deporting dangerous felons and less on minor offenders who pose no threat.
The new policy places stricter conditions on when Immigration and Customs Enforcement sends requests, known as detainers, to local law-enforcement agencies asking them to hold suspected immigration violators in jail until the government can pick them up. Detainers will be issued for serious offenders — those who have been convicted or charged with a felony, who have three or more misdemeanor convictions, or have one conviction or charge for misdemeanor crimes like sexual abuse, drunken driving, weapons possession or drug trafficking. Those who illegally re-entered the country after having been deported or posing a national-security threat would also be detained. But there would be no detainers for those with no convictions or records of only petty offenses like traffic violations.
John Morton, the director of Immigration and Customs Enforcement, known as ICE, said this was a case of “setting priorities” to “maximize public safety.”
But wait, you ask, shouldn’t ICE have been doing this all along? Didn’t Mr. Morton sayin a memo two years ago that ICE would use its “prosecutorial discretion” to focus on the most dangerous illegal immigrants? He did. But for nearly as long as President Obama has been in office, ICE has been vastly expanding its deportation efforts, enlistingstate and local agencies to expel people at a record pace of 400,000 a year — tens of thousands of them noncriminals or minor offenders. By outsourcing “discretion” to local cops through a fingerprinting program called Secure Communities, it has greatly increased the number of small fry caught in an ever-wider national dragnet.
Some cities and states have resisted cooperating with ICE detainers for the very reasons of proportionality and public safety that Mr. Morton cited on Friday. California’s attorney general, Kamala Harris, told her state’s law enforcement agencies this month that ICE had no authority to force them to jail minor offenders who pose no threat.
From the NY Times
Monday, November 12, 2012
Sean Hannity and the Conservatives changing view on Comprehensive Immigration Reform?
After the election and the overwhelming support of the of the Democratic party by Latino, it seems like there is a change in view of Conservatives for comprehensive immigration reform
Tuesday, October 2, 2012
Study finds that 1/4 of NEW US businesses are started by Immigrants
According to an article by Sarah McBride of Reuters News Service. Anew study showing that immigrants founded one quarter of U.S. technology start-up companies could fuel calls to relax immigration rules ahead of next month's U.S. presidential elections, where the economy and immigration are key issues
The study "America's New Immigrant Entrepreneurs: Then and Now," shows that 24.3 percent of engineering and technology start-up companies have at least one immigrant founder serving in a key role.
Day after day I am contacted by clients who want to start companies and grow the US economy. Day after day these bright US educated Immigrants prefer to return home as the US laws have become too restrictive as visas are denied.
If the US economy wants to rebound, we need driven entrepreneurs from around the world to help turn the economy around
Thursday, May 17, 2012
Congress restricts VAWA
WASHINGTON, DC - Today one branch of Congress voted to undo nearly two decades of bi-partisan commitment to the protection of victims of domestic violence, human trafficking, and sexual assault. In passing H.R. 4970, the Violence Against Women Reauthorization Act of 2012 (VAWA) (Adams, R-FL), the U.S. House of Representatives aims to eviscerate protections created by VAWA to ensure that battered immigrants are not further exploited by their abusers.
"This is a sad and frightening day for girls who have been raped, spouses who are trapped in abusive relationships, and all other immigrant victims of violence," said AILA President Eleanor Pelta. "As an attorney, how do I tell a battered woman that she should cooperate with the prosecution of her batterer but that she will likely get deported as a result?" Pelta continued, referring to a particularly harsh provision in H.R. 4970.
The U visa is available for victims of specific crimes who cooperate in the investigation or prosecution of the persons charged with the criminal activity. The provision in H.R. 4970 makes U visa protection merely temporary in almost all cases and takes away the protections a victim can receive by applying for a green card. "When reporting a crime will ultimately end in deportation, victims of crimes will not go to the police. That makes no sense. This bill makes no sense," Pelta said.
H.R. 4970 also establishes an extremely onerous adjudication process for victims to be granted self-petition under VAWA. "Why would we require two investigators, two interviews, and two different USCIS offices to review the application of an abused spouse? Nowhere else in our immigration law do we require such scrutiny of an applicant," said Pelta. "This process adds insult to injury for victims of abuse and creates administrative burdens for DHS adjudicators. It's a waste of government resources."
"Allegations of widespread fraud in VAWA programs are wholly unfounded," continued Pelta. "For every isolated incident of fraud, VAWA has saved thousands of lives by protecting victims. Moreover, DHS officials already screen cases with a high level of scrutiny. Adding more interviews or evidentiary checks goes far beyond what we require in any other area of law."
When Congress enacted VAWA in 1994 and reauthorized it twice in 2000 and 2005, it recognized that the noncitizen status of battered immigrants can make them particularly vulnerable. Abusers often exploit their victims' undocumented status, leaving the victim afraid to report the abuse to law enforcement and making them fearful of assisting with the prosecution of these crimes. "AILA calls upon both chambers of Congress to enact a bi-partisan bill that retains the vital protections for battered immigrants that have functioned effectively for years. We recommend taking up the Senate's bill S. 1925 and scrapping the House bill," said Pelta.
Friday, February 24, 2012
Obama seeks Immigration Reform is re-lected
I 'll believe it when I see it
President Barack Obama, expressing confidence he will win re-election in November, told a Hispanic audience he would use a second term to seek comprehensive immigration reform.
"My presidency is not over," Obama said in an interview with Univision Radio when asked about his failure so far to push through an immigration bill. "I've got another five years coming up. We're going to get this done."
Is he just pandering to voters? We shall see
President Barack Obama, expressing confidence he will win re-election in November, told a Hispanic audience he would use a second term to seek comprehensive immigration reform.
"My presidency is not over," Obama said in an interview with Univision Radio when asked about his failure so far to push through an immigration bill. "I've got another five years coming up. We're going to get this done."
Is he just pandering to voters? We shall see
Thursday, February 16, 2012
Broken Immigration System?
Today I was contacted by a second perosn in a week who was recently released from Federal Prison for drug trafficking. Both were in Federal custody for years and then an 6 month ICE "immigration hold" .
ICE is unable to deport these aliens back to their African countries of Mali and the Gambia. One client was convicted of trafficking 300 lbs of marijuana, the other 5 lbs.
Since they are unable to be deported , they will be eligible for work cards ( legal status) as long as they comply with their orders of supervision.
I have numerous law abiding clients who are deported despite no criminal records and strong family ties to the US. I do believe in second chances, but this is an unfair system in an unfair world. Just trying to make it better...
#broken immigration system
ICE is unable to deport these aliens back to their African countries of Mali and the Gambia. One client was convicted of trafficking 300 lbs of marijuana, the other 5 lbs.
Since they are unable to be deported , they will be eligible for work cards ( legal status) as long as they comply with their orders of supervision.
I have numerous law abiding clients who are deported despite no criminal records and strong family ties to the US. I do believe in second chances, but this is an unfair system in an unfair world. Just trying to make it better...
#broken immigration system
Thursday, June 2, 2011
Sponsor of Darconian Arizona immigration bill being Recalled
Russell Pearce, the sponsor of the controversial SB 1070 law that sparked a new flash point in the country's immigration debate, is facing a recall election in his district in Arizona.
Critics of the legislator filed petitions Tuesday.
The requirement to do so is 7,756 voter signatures from the Mesa Republican's legislative district.
Read more: http://latino.foxnews.com/latino/politics/2011/06/01/russell-pearce-sponsor-sb-1070-faces-recall-election/#ixzz1O7YBoEzy
Critics of the legislator filed petitions Tuesday.
The requirement to do so is 7,756 voter signatures from the Mesa Republican's legislative district.
Read more: http://latino.foxnews.com/latino/politics/2011/06/01/russell-pearce-sponsor-sb-1070-faces-recall-election/#ixzz1O7YBoEzy
Another Case for the Dreamers
Elier Lara is concentrating on final exams this week and not worrying about his immigration status.
The University of Cincinnati honor student has learned that his attorney and the chief deputy counsel for the Department of Homeland Security filed a joint motion requesting dismissal of Lara's deportation case.
Click the link to see a wonderful article by Mark Curnutte of the Cincinnati Enquirer
The University of Cincinnati honor student has learned that his attorney and the chief deputy counsel for the Department of Homeland Security filed a joint motion requesting dismissal of Lara's deportation case.
Click the link to see a wonderful article by Mark Curnutte of the Cincinnati Enquirer
Thursday, May 19, 2011
Mexico Deports immigrants too
They stood and squatted for hours, crammed into two sweltering semi-trailers, clinging to ropes so they would not fall as the trucks traveled through winding mountain roads.
Mexican authorities say the more than 500 illegal immigrants they detained Tuesday wanted to reach the United States and each had paid $7,000 to get there.
But by Wednesday, a day after X-ray equipment detected them at a highway checkpoint, the majority of them had been deported to their home countries in Central and South America.
Mexican authorities say the more than 500 illegal immigrants they detained Tuesday wanted to reach the United States and each had paid $7,000 to get there.
But by Wednesday, a day after X-ray equipment detected them at a highway checkpoint, the majority of them had been deported to their home countries in Central and South America.
Monday, May 2, 2011
Another Case for the Dream Act
A University of Cincinnati student, described by an administrator as having once-in-a-decade talent in information technology, faces a May 20 hearing in immigration court in Buffalo, N.Y., that could lead to his deportation.
Elier Lara, 19, was brought to the United States legally at age 4 from Mexico by his parents. They overstayed their 180-day non-immigrant visa. If deported, Lara would face a 10-year ban before being allowed to reapply for entry.
The DREAM Act (acronym for Development, Relief and Education for Alien Minors) is an American legislative proposal first introduced in the Senate on August 1, 2001[1] and most recently re-introduced there and the United States House of Representatives on March 26, 2009. A Senate filibuster blocked it on December 18, 2010.
This bill would provide conditional permanent residency to certain illegal and deportable alien students who graduate from US high schools, who are of good moral character, arrived in the U.S. legally or illegally as minors, and have been in the country continuously for at least five years prior to the bill's enactment. If they were to complete two years in the military or two years at a four year institution of higher learning, the students would obtain temporary residency for a six year period. Within the six year period, a qualified student must have "acquired a degree from an institution of higher education in the United States or [have] completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States," or have "served in the armed services for at least 2 years and, if discharged, [have] received an honorable discharge."[2] Military enlistment contracts require an eight year commitment, with active duty commitments typically between four and six years, but as low as two years.[3][4] "Any alien whose permanent resident status is terminated [according to the terms of the Act] shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act
Elier Lara, 19, was brought to the United States legally at age 4 from Mexico by his parents. They overstayed their 180-day non-immigrant visa. If deported, Lara would face a 10-year ban before being allowed to reapply for entry.
The DREAM Act (acronym for Development, Relief and Education for Alien Minors) is an American legislative proposal first introduced in the Senate on August 1, 2001[1] and most recently re-introduced there and the United States House of Representatives on March 26, 2009. A Senate filibuster blocked it on December 18, 2010.
This bill would provide conditional permanent residency to certain illegal and deportable alien students who graduate from US high schools, who are of good moral character, arrived in the U.S. legally or illegally as minors, and have been in the country continuously for at least five years prior to the bill's enactment. If they were to complete two years in the military or two years at a four year institution of higher learning, the students would obtain temporary residency for a six year period. Within the six year period, a qualified student must have "acquired a degree from an institution of higher education in the United States or [have] completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States," or have "served in the armed services for at least 2 years and, if discharged, [have] received an honorable discharge."[2] Military enlistment contracts require an eight year commitment, with active duty commitments typically between four and six years, but as low as two years.[3][4] "Any alien whose permanent resident status is terminated [according to the terms of the Act] shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act
Wednesday, April 20, 2011
President Blogs about Immigration Reforms
Working Together to Create a 21st Century Immigration System
Posted by Melody Barnes on April 20, 2011 at 09:37 AM EDT
President Obama remains deeply committed to reforming our immigration laws to meet our 21st Century economic and security needs. In his State of the Union address, the President asked Republicans and Democrats to work with him to take on this issue. While we all know the debate will be tough, the American people expect their leaders in Washington to tackle difficult issues. The President cannot fix our broken system on his own.
Yesterday, I joined the President at an important meeting with a broad group of business, law enforcement, faith, and elected leaders from across the country. The President was joined by several members of his Cabinet, including Secretaries Janet Napolitano, Hilda Solis, Ken Salazar, and Attorney General Eric Holder, all of whom have been actively engaged in the Administration’s efforts to advance legislation to improve our system in the key areas that they oversee.
The President made a strong case that immigration reform needs to be a priority, not just for him but for all of the people in the room. He heard their concerns and got feedback on how to advance legislative efforts to get the job done. The President urged them to lead serious and civil discussions in their sectors and around the country to help create the space for congressional action. I hope others will join the President in bringing the debate to their own communities.
It was inspiring to hear about the important work already underway – work that will build the momentum for immigration reform critical to our economic future, global competitiveness, and national security interests. It was also a reminder of all the work that needs to be done.
As we work toward immigration reform, the Administration will continue to look for ways to improve our legal immigration system, secure the borders, and enhance our enforcement strategy so that it is smarter and more effective at removing criminals and prosecuting unscrupulous employers. But enforcement alone will not solve our immigration problem. We need reform that affirms our history as both a nation of laws and a nation of immigrants – and to do that, we need to work together to pass legislation.
Immigration reform has always been a bipartisan issue, and the President believes it can and should be again. Democrats, Republicans and Independents working together can enact meaningful, lasting reforms and make the right choices for our future.
a>
Posted by Melody Barnes on April 20, 2011 at 09:37 AM EDT
President Obama remains deeply committed to reforming our immigration laws to meet our 21st Century economic and security needs. In his State of the Union address, the President asked Republicans and Democrats to work with him to take on this issue. While we all know the debate will be tough, the American people expect their leaders in Washington to tackle difficult issues. The President cannot fix our broken system on his own.
Yesterday, I joined the President at an important meeting with a broad group of business, law enforcement, faith, and elected leaders from across the country. The President was joined by several members of his Cabinet, including Secretaries Janet Napolitano, Hilda Solis, Ken Salazar, and Attorney General Eric Holder, all of whom have been actively engaged in the Administration’s efforts to advance legislation to improve our system in the key areas that they oversee.
The President made a strong case that immigration reform needs to be a priority, not just for him but for all of the people in the room. He heard their concerns and got feedback on how to advance legislative efforts to get the job done. The President urged them to lead serious and civil discussions in their sectors and around the country to help create the space for congressional action. I hope others will join the President in bringing the debate to their own communities.
It was inspiring to hear about the important work already underway – work that will build the momentum for immigration reform critical to our economic future, global competitiveness, and national security interests. It was also a reminder of all the work that needs to be done.
As we work toward immigration reform, the Administration will continue to look for ways to improve our legal immigration system, secure the borders, and enhance our enforcement strategy so that it is smarter and more effective at removing criminals and prosecuting unscrupulous employers. But enforcement alone will not solve our immigration problem. We need reform that affirms our history as both a nation of laws and a nation of immigrants – and to do that, we need to work together to pass legislation.
Immigration reform has always been a bipartisan issue, and the President believes it can and should be again. Democrats, Republicans and Independents working together can enact meaningful, lasting reforms and make the right choices for our future.
a>
Sunday, April 17, 2011
Interesting article on ANTI Immigration Advocate
A beekeeper and amateur naturalist of prodigious energy, John Tanton had spent two decades planting trees, cleaning creeks and suing developers, but population growth put ever more pressure on the land. Though fertility rates had fallen, he saw a new threat emerging: soaring rates of immigration.
Thursday, December 30, 2010
Immigration Reform is Dead?
Just days after Congress killed the DREAM Act, voices on all sides of the immigration reform debate say it’s unlikely there will be much movement on the issue during the next two years.
With Republicans poised to assume House control in January, immigrant-rights advocates see scant chance legislation to grant illegal immigrants any kind of foothold in the U.S. could move through the lower chamber.
With Republicans poised to assume House control in January, immigrant-rights advocates see scant chance legislation to grant illegal immigrants any kind of foothold in the U.S. could move through the lower chamber.
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