US Immigration Reform

Immigration Amnesty

aicanlas — Sun, 05 Sep 2010 08:33:26 +0000

Immigration is one of the most controversial issues on the political agenda of the United States since the nation’s early history. By 2008, studies showed that illegal immigrants outnumbered legal immigrants with the estimated number of 11.9 million undocumented persons living in the country. The country had experienced a great wave of illegal immigrants since 1920’s until the 21st century. However then, George W. Bush on his second term made a comprehensive immigration reform for the benefit of illegal immigrants. In 2007, the bipartisan bill was defeated due to lack of required votes in Congress.

On his first year, President Obama stressed that the Immigration reform would be on top of his list. However, due to last year’s economic downturn and the strained legislative fight over healthcare, the immigration issue has been set aside.

Senators Charles E. Schumer of New York who is a Democrat and Lindsey Graham, a Republican from South Carolina unveiled the initial outline of the proposed law last March 2010. The reform would require all illegal immigrants to admit they have broke the law before they could gain legal status and they should have a biometric identity card that shows they have legibility to work. President Obama expressed support for the bill saying “it should be the basis for moving forward.”

In no less than a month, Arizona Governor Jan Brewer signed a law which is completely the opposite of the proposed law of Schumer and Graham. This state law aims to identify, prosecute and deport illegal immigrants. The Arizona immigration bill gives the police the authority to demand immigration papers from anyone who is suspected of being an illegal resident— a move which the opposition said would obviously be an open invitation for discrimination and harassment against Hispanics in spite of their a possible legal citizenship. This move by Governor Brewer was also supported by Republican Senator John McCain.

The immigration reform has no doubt national consequences. Many politicians stay on the safe side. They choose to take no action as they know this will spur ethnic groups in the country. The issue even turned more complicated when Senator Graham backed away from supporting the Amnesty legislation.

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US Visa Bulletin September 2010

aicanlas — Wed, 11 Aug 2010 09:51:17 +0000

Here are the Priority Dates for September 2010 (Visa Bulletin September 2010) for Family Sponsored Categories:

Cat	All Chargeability Areas Except Those Listed	CHINA-mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	01JAN06	01JAN06	01JAN06	01JAN06	01DEC92	01JAN97
2A	01JAN10	01JAN10	01JAN09	01JAN10	01JAN09	01JAN10
2B	01JAN05	01JAN05	01JAN05	01JAN05	15JUN92	01AUG02
3rd	01MAR02	01MAR02	01MAR02	01MAR02	01MAR92	01JAN95
4th	15OCT01	15OCT01	15OCT01	15OCT01	01JAN94	01JAN91

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Visa Bulletin August 2010 for Family Sponsored Categories

aicanlas — Mon, 12 Jul 2010 22:01:19 +0000

Here are the Priority Dates for August 2010 (Visa Bulletin August 2010) for Family Sponsored Categories:

Cat	All Chargeability Areas Except Those Listed	CHINA-mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	01AUG05	01AUG05	01AUG05	01AUG05	15NOV92	01JAN96
2A	01MAR09	01MAR09	01MAR08	01MAR09	01MAR08	01MAR09
2B	01JAN04	01JAN04	01JAN04	01JAN04	15JUN92	01AUG01
3rd	01JAN02	01JAN02	01JAN02	01JAN02	01MAR92	01MAY94
4th	01JUN01	01JUN01	01JUN01	01JUN01	01JAN94	01APR90

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Tips for Hiring a Good H1B Visa Lawyer

aicanlas — Mon, 28 Jun 2010 03:48:28 +0000

There are 85,000 H1B visas provided each year by the USCIS raising the demands for a good H1B lawyer.

It is a tough choice hiring an H1B visa lawyer that matches your requirements with the thousands of competing professionals offering you their service. Through this post, tips on what to look for in an H1B visa lawyer will be briefly discussed.

Good Standing of a State Bar – Being admitted to and having a good standing with a state bar in the U.S should be the foremost qualification of your prospective lawyer. Since U.S. immigration law is controlled by federal law, a lawyer can represent a client in connection with an H1B visa application anywhere in the U.S. as long he or she meets these requirements.

AILA member – Being a member of the American Immigration Lawyers (AILA) means a lawyer devotes all or a large part of his/her practice to immigration law.

Must be an H1B Visa Experienced Attorney – Each of the lawyers has a field they are adept with. Some focus on family sponsorship while others prefer an asylum case. There is nothing wrong if ask about his or her experience with the H1B process.

Open communication at your own comfort - Make sure that you are comfortable with the prospective lawyer. The lawyer should be addressing your initial questions with tact and should give you a sense of the strength of your case. As early as you can, try to gauge how expansive can your lawyer be in dealing with you. Some lawyers respond to you readily, while others do not.

Reasonable Legal Fees – The fees in the H1B processing are fixed and can be accessed publicly by each applicant. These rates serve as your basis whether you are being overcharged. No two firms or lawyers will provide the same level of service or application preparation. Fees can vary based on the level of service provided and the amount of time the lawyer puts into the application.

However, there is more assurance that you will get accepted if your potential employer pays for the service of the lawyer who would represent you. This shows that they are more inclined that you succeed in your application for you to work for them.

In the end, applicants are advised to know as much information as they personally can. Knowledge is your shield against possible exploitation and being overcharged by an H1B lawyer.

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The American Green Card Lottery

aicanlas — Sat, 29 May 2010 07:42:02 +0000

The Diversity Lottery or Green Card Lottery is held annually by the Department of State under the purview of Section 203(c) of the Immigration and Nationality Act (INA). It is open to people who would like to become legal residents of the US provided you are not a citizen of the countries already declared as ineligible to participate.

Eligibility

Each applicant is screened for eligibility and must meet requirements that are set by the State in order to be granted residency in the Green Card Visa Lottery. Citizens of countries who have sent over 50,000 immigrants to the US during the past five years no longer qualify for the lottery. They can opt for other immigration options instead like having a spousal visa, family sponsorship, etc.

The 50,000 immigrants are just a partial representation of the total immigrants from each country since this number only comes from family-sponsored, employment, or immediate relatives of U.S. citizen categories. Other mode of entry classifications such as being among refugees, asylum seekers, NACARA beneficiaries, or previous diversity immigrants are not on the list.

Here is a list of countries who are presently eniligible to send participants for the Diversity Lottery:

Brazil
Canada
China (mainland-born)
Colombia
Dominican Republic
Ecuador
El Salvador
Guatemala
Haiti
India
Jamaica
Mexico
Pakistan
Peru
Philippines
Poland
South Korea
United Kingdom (except Northern Ireland) and its dependent territories
Vietnam

Every applicant must meet requirements set by the Department of State. Presently, the administrators require having a higher level of education with a minimum of a High School diploma or have a minimum of two years of working experience on a job that needs a minimum of two years training. Aside from that, the winning participant must also pass a series of interview.

Entering the Immigration Lottery

All applications are done electronically. An applicant must fill out the electronic forms available on the U.S. Department of State website on the period of registration—and for FREE. If someone is asking you to fill out the application forms on a different website, it is already an obvious scam even if they have not asked you money. Sooner or later, they will.

The Selection Process

The selection process is computerized. Equal opportunity is one of their concerns. Hence, regions with fewer immigrants in the last five years receive more diversity visas. No country shall also be awarded 7% of the total lottery visas.

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Immigration Reform 2010 – American Jobs Should be For Americans

aicanlas — Tue, 25 May 2010 00:05:19 +0000

Illegal immigration is a controversial issue in our country. During his term, President Bush has been urging the Congress to pass an immigration bill to address this concern but has received no action. Today, President Obama is pushing the same—the drafting of a comprehensive immigration reform bill.

President Obama has a Kenyan father and an American mother, a circumstance that creates room for doubt for his critics.

President Obama often raised the issue on immigration even from the start of his campaign and he pledged to make a move to deal with the issue but immigration seems to have been set aside to prioritize the Health Care Reform Bill.

In June 2009, Obama asked Homeland Security Secretary, Janet Napolitano, to work with Congress to speed up the passing of an immigration reform. It is estimated that there are now 12 million illegal US immigrants and an immigration reform can be the key to preventing future illegal immigration.

Loopholes have been existent on some laws because of the absence of a definite immigration law. For instance, the health care reform bill or H.R. 3590 has several problems regarding illegal immigration. The current law requires legal aliens to wait five years before they can access certain taxpayer-funded health benefits. However, the loopholes in the verification process of who is a legal or illegal immigrant allow illegal aliens access to these benefits. Third, the language of the bill does not prevent illegal aliens accessing these benefits.

In addition to draining what should only be taxpayer’s benefits, illegal immigrants take away the jobs which are supposedly for Americans. With the unemployment rate at 10% for November 2009, we are now facing the worst economic recession since the Great Depression. Yet, our country’s leaders are considering passing an amnesty legislation to enable the illegal immigrants to stay here.

Because these illegal immigrants can work for a low salary, they create a depression of wages, too. This is especially true to the entry level jobs.

I understand thee plight of illegal aliens, that they want a better standard of living. But, is this how you understand physics’ “Law of Displacement”? Wake up from your skewed ideas and improve your home countries instead!

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Mexican President to Address Immigration Issue on His US Visit This Week

aicanlas — Tue, 18 May 2010 09:00:30 +0000

Mexican President Felipe Calderon is set for a two-day visit to Washington D.C. starting this May 19. He will be meeting President Obama at the White House on the first day.

The Mexican president along with his wife, Margarita Zavala, will be honored in a press conference on Wednesday at the Rose Garden. And on Thursday, Calderon is set to address the joint session of the US Congress. An expected highlight of his speech would be when he tries to persuade lawmakers to overhaul the existing US immigration policy.

This was after Governor Jan Brewer of Arizona has signed a state law that allows policemen to demand proof of legal residence to suspected “illegal immigrants” in Arizona.

The two presidents first met in Mexico City where they agreed on a bilateral agreement to help in purging the drug cartels in Mexico. Obama promised a more improved cooperation from the United States and even pledged $1.4 billion dollars for the crackdown of drug cartels.

Tension is undeniably growing lately due to immigration issues concerning the two countries. However, there are high hopes that Mexico-US relations will not be risked, because both presidents agree key issues, including border security and in putting a stop to the deeply-rooted Mexican drug cartels.

Plenty of issues hound the already tight bonds between the two countries, but many hope that the two presidents would arrive at long-term solutions to these concerns.

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Mexican Immigration in the United States

aicanlas — Thu, 13 May 2010 06:57:35 +0000

The Migration Information Source lists Mexico as the country with the most number of immigrants in the United States both legal and illegal. This is followed by the Philippines. Estimates from the Migration Information Source show that more than 50 percent of Mexican immigrants in the United States are undocumented. Aside from the Mexico and the Philippines, the data on the demographics can be in collective groups. Other countries in Latin America account for the third largest immigrants, followed by those who came from other Asian nations, then the European countries and finally Canada as a single country.
The history of Mexican immigration to the US dates back between 1850 and 1880 when the US southwest needed more farmers. At that time, it is estimated that 55,000 Mexicans entered the U.S. in hopes of finding better economic opportunities.
The birth of the American railway systems in the late 19^th century created an even larger presence of Mexican immigrants in the United States. By the turn of the 20^th century, about 60 percent of the railroad industry’s workforce was comprised of Mexican immigrants.

The US Border Patrol was created in 1924. This law paved the way for terms like “illegal immigrant” or “illegal aliens”. An undocumented worker can then be arrested and deported to his or her homeland.

Despite the strengthened move to patrol the US-Mexico border, Mexicans still manage to enter US illegally through the border—even risking their lives. Not just the close proximity of the two nations that elicits Mexicans to go to the US but the obvious economic differences. Unlike Canada, even though they are also geographically attached to the United States, their citizens are said to be at par with Americans when it comes to the standard of living. Many Mexican families depend on the remittances of their relatives working in the US for their basic needs. This remittances account for the third larges source of income for Mexico, just behind tourism and petroleum production.

Mexican immigrants came to the US with the same reason as almost all immigrants from any country: in search for a better future, live securely and have a share of the “American Dream”.

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Asylum – Qualifications and Possible Causes of Application Denial

aicanlas — Tue, 04 May 2010 07:37:09 +0000

An asylum is a law that provides safety and protection to a foreign national and grants them the legal right to remain in their country of destination. An asylum-seeker is the person who fled from his country of citizenship because of persecution or fear of persecution due to their race, religion, nationality, and political or social affiliations. The U.S. allows 70,000 asylum-seekers into the country per year. Regardless if you are a legal or an illegal immigrant in the US, you can apply for asylum.

You may apply for Asylum when you arrive in the U.S. at a port of entry, such as an airport, seaport, or border crossing. Those who are already in the U.S. can also apply for Asylum but they must do so within one year of their arrival date. Beyond that period, the asylum-seeker may be granted if there is a profound basis that circumstances in their home country have changed drastically since their arrival to the U.S. If this is not the case, you may attempt to qualify the exceptional circumstances that prevented you from applying for Asylum during your first year in the U.S. The form that you are going to fill-out for an asylum application is Form I-589 which is the Application for Asylum and for Withholding of Removal. Forms are available at the official website of the USCIS, http://www.uscis.gov. Take note that there is no fee for the application.

You are ineligible to apply for asylum if:

You had a previous application for asylum but were denied by the Immigration Judge or Board of Immigration Appeals. You can only possibly be reconsidered if there are changed circumstances which can re-establish your eligibility for asylum.
You can be relocated to a safe third country pursuant to a bilateral or multilateral agreement.

Upon submission of the application and supporting documents, the Asylum Officer or Immigration Judge will evaluate your application. You will be denied of asylum if you:

Ordered, encouraged, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion
Were convicted of a particularly serious crime including aggravated ones.
Committed a serious nonpolitical crime outside the United States
Pose a danger to the security of the United States
Firmly resettled in another country prior to arriving in the United States

You will also be barred from being granted asylum if you are inadmissible to the U.S. or removable for certain reasons.

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Naturalization Requirements

aicanlas — Sat, 01 May 2010 05:50:25 +0000

Naturalization under the United States immigration system is the process through which an immigrant acquires U.S. citizenship. The US follows the concept of jus soli. They grant an outright US citizenship to every newly born on American soil. This is regardless of the citizenships of the parents. Hence, naturalization is required for someone who was not born as a citizen of the U.S.

A naturalized U.S. citizen enjoys all the freedom and protection of an American. They are given the right to vote, the right to have and use a U.S. passport, the right to serve on a jury in a court of law, and the right to hold public office in some instances.

The United States Citizenship and Immigration Services (USCIS) is a branch of the government that deals with immigration issues such as naturalization. Here are the eligibilities in applying for naturalization:

Eighteen years of age or older
A lawful permanent resident (“LPR” or green card holder) of the U.S.
A continuous resident in the U.S. for at least 5 years at the time of application, and physically present for at least half the time of continuous residence. No single vacation should exceed 6 months.
Must be a resident of at least 3 months of the state he or she files the application.
The applicant must be of good moral character for the five years of permanent residence.
Basic knowledge of American Civics.
An acceptable fluency of the English language.

A lawful permanent resident who is married to a U.S. citizen is required of a shorter 3 years rather than 5 years of permanent residence to apply for naturalization. It also follows that the same applicant should have been continually present in the US for not less than half of the 3 year permanent residency.

U.S. military servicemen who are not American citizens may be exempt from the continuous residence requirement, though they must still file a proper application.

An applicant should also pass an interview or test which aims to gauge their English fluency and their knowledge of American Civics.

Finally, other requirements for naturalization include submission of photographs and fingerprints, as well as taking an Oath of Allegiance. Some religious groups would not want to do the pledge of allegiance, so the oath can be modified to fit them.

Truthfulness and honesty is a golden rule when applying for naturalization. In the first place, you are sworn that all information you give are true and going against this constitutes to fraud. Fraud is a certain path to denial of your application.