Immigration Law
Immigration Law Answers Blog 
News, Information, Opinions, and Online Resources for People with Immigration Questions.
Post Frequency: 7.1/day Last Entry: November 19, 2009 at 07:42:27 Recent Entries: 362
By Robert Kraft
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Secure Communities Program Update
Posted on November 19, 2009The Department of Homeland Security (DHS) and Immigration Customs Enforcement (ICE) announced that the Secure Communities Initiative, which launched this year, has identified more than 110,000 criminal aliens. ICE initiated the Secure Communities Program, which partners with local law enforcement agencies, to identify and remove criminal foreign nationals...
Pilot Program for Travelers on Flight 6
Posted on November 18, 2009On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6...
Secretary Napolitano Makes the Case for Comprehensive Immigration Reform
Posted on November 13, 2009'If we are truly going to fix a broken system, Congress will have to act' The following is a statement from Lynn Tramonte, Deputy Director of America's Voice: We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform...
DNA Testing During Visa Application Process
Posted on November 11, 2009Individuals unable to provide documentation to prove a biological relationship may prove the biological relationship through DNA testing. The DNA testing is the only acceptable non-documentary method, and only if no other credible proof of the relationship exists...
H-3 Trainee Visa Category
Posted on November 04, 2009The H-3 trainee visa is a non-immigrant visa option for foreign nationals seeking training in any field of endeavor, including, but not limited to, commerce, communications, finance, government, transportation, agriculture, or the professions (except physicians)...
Senate Measure Gives Rights to Widows of Citizens
Posted on October 28, 2009In a long-overdue move, the Senate last week approved a law that would stop the so-called "widows penalty" in immigration situations. Until now, if an immigrant had an application for permanent residency on file based on marriage to a U.S. citizen, and the citizen died within the first two years of the marriage, the application was annulled and the immigrant was deported...
Revised Form I-601 to Waive Inadmissible Grounds Under the Immigration and Nationality Act
Posted on October 26, 2009Certain foreign nationals who seek to be admitted into the United States or adjust their status in the United States are unable to do so if acts, convictions, or medical conditions make them inadmissible. There are several grounds listed in the Immigration and Nationality Act (INA) that make a foreign national inadmissible to the United States...
Latino in America - Tonight on CNN
Posted on October 22, 2009This excellent program airs tonight on CNN at 8:00 p.m. Central Time. You can read about it at the CNN Web site.
Don't Try To Use A B-1/B-2 Tourist Visa If You Plan To Become A Student
Posted on October 19, 2009Attorney Eugenia Ponce recently had a telephonic consultation with a client who wanted to enter the United States on a B-1/B-2 tourist visa to visit various universities throughout the United States and to attend admissions interviews. He wanted to know what the student visa requirements were and whether he would face any challenges if he tried to obtain his student visa while in the United States on a tourist visa...
Standardized Agreements - ICE and State and Local Law Enforcement
Posted on October 16, 2009Just announced today, a standardized agreement was developed in an effort to ensure uniformity between 67 state and local law enforcement agencies and the U.S. Immigration and Customs Enforcement (ICE). The agreement is in response to program 287(g) initiated this summer in an effort to improve public safety and enhance ICE's presence with local law enforcement agency's by identifying criminal aliens who are a threat to local communities, and removing these criminal aliens...
The H-1B Program: Tips for Employers and Employees During Unannounced Site Visits
Posted on October 12, 2009The USCIS Office of Fraud Detection and National Security has started an assessment of the H-1B program where they have immigration officers go to the H-1B employers and employees and make unannounced site visits. The unannounced site visits will occur at the place of business that is listed on the H-1B petition, so they will go to the employee's work site...
Important Reminder for Diversity Visa Lottery (DV-2011) Applicants
Posted on October 01, 2009The Diversity Visa lottery (DV) for the fiscal year 2011 must be submitted electronically between noon, October 2, 2009, and noon November 30, 2009. The entry form (E-DV) must be submitted online during the registration period available at www.dvlottery...
All Employment Based Visas Allocated For Fiscal Year 2009
Posted on September 25, 2009The U.S Department of State (DOS) has advised that there are no more employment-based visa numbers available for fiscal year 2009, which concludes September 30, 2009. This affects all employment based categories, but particularly applicants in the employment-based non-ministerial fourth category (EB-4)...
All Employment-Based Visas Allocated For Fiscal Year 2009
Posted on September 25, 2009The U.S Department of State (DOS) has advised that there are no more employment-based visa numbers available for fiscal year 2009, which concludes September 30, 2009. This affects all employment based categories, but particularly applicants in the employment-based non-ministerial fourth category (EB-4)...
The Waiver Process
Posted on September 23, 2009Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S. If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar)...
USCIS Web Site Makeover Improves Services
Posted on September 22, 2009U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site. Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report: The updated Web site is organized according to categories...
One Path to Permanent Residence in the United States - The Diversity Visa Lottery Program
Posted on September 21, 2009Foreign nationals who do not have employment sponsorship or family ties in the United States have another avenue to immigrate to the United States with the Diversity Visa Lottery Program (DV program). Thus, a foreign national does not need to have a U...
Five Tips About Sending Checks to USCIS
Posted on September 16, 2009Before submitting petitions and applications to U.S. Citizenship and Immigration Services (USCIS), it is vital to make sure the appropriate filing fees for the particular application is included. We've had several queries regarding payment to USCIS in connection with the filing fees...
What Does "Relatively Short Period of Time" Mean?
Posted on September 15, 2009Attorney Eugenia Ponce recently wrote a blog post here cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post: Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time...
Good News for a Violence Against Women's Act Petitioner
Posted on August 31, 2009Attorney Eugenia Ponce of our firm attended an adjustment of status interview last week with our client, based on the client's approved I-360 VAWA petition. A VAWA petition (Violence Against Women's Act) allows the spouse, parent, or child of a U.S. citizen, or a Lawful Permanent Resident (LPR) who was battered or subject to extreme cruelty to self-petition independently of the abusive U...
Surviving Spouses and Children of Deceased U.S. Citizens: Apply For Relief!
Posted on August 31, 2009Surviving spouses and their qualifying children, whose U.S. citizen spouses died before the second anniversary of marriage, are eligible to request deferred action. Deferred action is filed with U.S. Citizenship and Immigration Services (USCIS) and once granted it allows surviving spouses and children to remain in the United States for a temporary authorized period of time (two years for this program) without being removed from the United States during that authorized time...
Non-Immigrant Visa Suspension in Honduras
Posted on August 26, 2009Effective today, August 26, 2009, the U.S. Department of State has temporarily suspended non-emergency, non-immigrant visas services in the consular section in Honduras due to the continued political unrest.
It's Never Too Late To Become A Citizen!
Posted on August 20, 2009Our client, a 92-year-old citizen of Yugoslavia, who had been a permanent resident of the U.S. since 2000 is going to take her naturalization oath on Friday, August 19, 2009. After 92 years of being a citizen of Yugoslavia, she was ready to apply for U...
Important Message to Eligible Adjustment of Status Applicants Based on Special Immigrant Religious Worker Classification!
Posted on August 18, 2009The U.S. Department of State has released its September 2009 Visa Bulletin. For the month of September 2009, the visa bulletin displays unavailable visas for the employment-based category – third preference category, other workers, fourth preference category, and certain religious workers...
Notification Requirements for Employers of Religious Workers
Posted on August 17, 2009A petitioner who sponsored a foreign national based on a temporary religious worker (R-1) visa is required to notify U.S. Citizenship and Immigration Services (USCIS) within 14 days if the R-1 beneficiary is working less than the required number of hours, or the beneficiary was terminated before the expiration of his or her authorized stay...
Additional Airport Locations Utilizing Global Entry Program
Posted on August 13, 2009U.S. citizens and lawful permanent residents (LPR) of the U.S. who are pre-approved, low-risk travelers are eligible to participate in the Global Entry Program, which allows expedited clearance upon arrival from international travel. The U.S. Customs and Border Protection (CBP) began their pilot system on June 6, 2009, in seven airport locations throughout the United States...
H-1B Cap Still Not Reached
Posted on August 12, 2009H-1B visas are work visas that allow foreign nationals to temporarily work in the United States for a U.S. employer. A U.S. employer may petition a foreign national under the H-1B classification which specifically applies to individuals in a 'specialty occupation...
DS-160 Non-immigrant Online Application Form
Posted on August 05, 2009Before starting the application process for permanent immigration, foreign nationals who enter the United States on non-immigrant visas (NIV) are considered to be here temporarily. The law presumes NIV holders intend to return to their home countries at the end of their stay in the United States...
H-1B Petitions Cap for Fiscal Year 2010 Not Reached Yet
Posted on August 03, 2009As of July 24, 2009, approximately 44,900 H-1B cap-subject petitions have been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed...
Experience at U.S. Consulate in Johannesburg, South Africa - Non-immigrant Visa
Posted on August 03, 2009We recently assisted a client from Johannesburg, South Africa, regarding an H-1B specialty occupation visa. He was approved for an H-1B visa, but in order for our client to enter the United States, he must obtain an H-1B visa in his passport. Because the chances of visa issuance vary greatly depending on documentation and individual circumstances, we suggested that he go to the interview at the U...
Severe Penalties for Sham Marriages to Gain Citizenship
Posted on July 28, 2009On July 24, 2009, the U.S. Immigration and Customs Enforcement (ICE) arrested an Ohio immigration attorney and a businessman on charges of marriage fraud. The Ohio-based immigration attorney and the businessman were alleged to have entered into separate sham marriages with two U...
New Passport Agency Located in Dallas, Texas
Posted on July 22, 2009U.S. citizens throughout the southwest border region who suddenly have an urgent travel need now have access to a new passport issuance facility. On July 13, 2009, the 22nd U.S. passport issuance facility opened in Dallas, Texas. The Dallas Passport Agency joins the Houston Passport Agency in providing in-person passport services to U...
Lawful Permanent Residents - Keep Trips Abroad Relatively Short
Posted on July 17, 2009Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR's intent was not to return to the U...
Question: I Was Given a 10 Year Visa, Can I Stay in the U.S. the Entire 10 Years?
Posted on July 16, 2009Answer: NO. Most individuals are not aware that a visa that is placed in a person's passport does not determine the length of authorized stay in the United States. When a foreign national is admitted into the U.S., he or she is issued Form I-94 Arrival/Departure record...
Permanent Residency Based on Employment & Family
Posted on July 15, 2009A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States...
Update on H-1B FY 2010
Posted on July 14, 2009H-1B visas are a relatively swift path to employment for foreigners with bachelor's degrees and U.S. employers to sponsor them. Each year, the U.S. government makes 65,000 H-1B visas available to qualified individuals on a first-come basis. The cap has been reached every year for the last several years, and for fiscal year 2008, it was reached on the first day of filing...
Non-Immigrants Leaving the U.S. - Don't Forget to Return Form I-94
Posted on July 13, 2009Foreign nationals who enter the United States with a non-immigrant visa are issued Form I-94 card at the port of entry. Form I-94 is a white piece of paper issued by the Customs and Border Protection (CBP) which shows the Department of Homeland Security (DHS)/CBP a record of your arrival and departure date from the United States...
Eight Tips for Proper Filing of Immigration Forms
Posted on July 10, 2009Certain immigration forms are used to petition U.S. Citizenship and Immigration Services (USCIS) to classify a foreign national for an immigrant or a non-immigrant visa based on either employment or family. Prior to submitting the forms to USCIS, there are 8 simple tips to follow for proper filing...
H-1B Cap Petitions for Fiscal Year 2010 Not Reached Yet
Posted on July 09, 2009As of July 3, 2009, approximately 45,000 H-1B cap-subject petitions have been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed...
Obama Administration to Implement Bush Program Targeting Illegals
Posted on July 09, 2009The Wall Street Journal reports, "The Obama administration said Wednesday it would implement a Bush-era program aimed at cracking down on federal contractors that hire illegal immigrants." The program will require employers to "check whether employees are entitled to work in the U...
What Is Conditional Residence, and How Do I Remove Conditions?
Posted on July 07, 2009Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status...
Religious Workers - What Do I File With an Adjustment of Status Application?
Posted on July 06, 2009With the recent implementation by U.S. Citizenship and Immigration Service (USCIS) allowing concurrent filing of Form I-360 Religious Worker Petition and Form I-485 Adjustment of Status Application, most applicants want to know what documents to submit with an adjustment of status (AOS) application...
Information for Travelers to Honduras
Posted on July 06, 2009The political unrest in Honduras continues, and the U.S. Embassy in Tegucigalpa advises that U.S. citizens restrict travel to necessary trips only on July 6, 2009. A curfew effective July 5 from 6:30 p.m. to 5:00 a.m. July 7 has been imposed by the Honduran government and U...
Honduras Consular Section Closed July 1, 2009 - July 3, 2009
Posted on July 01, 2009The U.S. Embassy in Honduras announced today that due to the political situation in Honduras, the Consular Section will be closed July 1, 2009 and July 2, 2009. Thus, all non-immigrant and immigrant visa appointments for July 1, 2009, and July 2, 2009, have been cancelled and applicants will be contacted directly for rescheduling appointments...
66 Arrested in North Texas Crackdown on Transnational Gangs
Posted on July 01, 2009The Dallas Morning News reports that 66 gang members have been arrested in a North Texas sweep. This effort is part of a continuing U.S. Immigration and Customs Enforcement project targeting gangs that operate both in Texas and in other countries including Mexico, El Salvador, Honduras, and Laos...
USCIS Accepting Concurrently Filed Religious Worker Petitions Form I-360 and Adjustment of Status Applications Form I-485
Posted on June 30, 2009Do you have a pending Form I-360 Special Immigrant Religious Worker Petition? If so, you are now eligible to file an application to adjust your status to permanent resident. On June 25, 2009, in response the district court's order in Ruiz-Diaz v. United States, No...
Notice to U.S. Citizens Traveling to Honduras
Posted on June 30, 2009The U.S. Embassy recently issued a notice advising U.S. citizens to defer all non-essential travel to Honduras until further notice. This announcement is in response to the current unstable political and security situations. The U.S. Embassy will be open for emergency services but no visa services will be available June 29, 2009...
H-1B Cap Still Not Reached
Posted on June 30, 2009As of June 26, 2009, approximately 44,800 H-1B petitions have been received and counted toward the 65,000 cap. USCIS continues to accept cap-subject petitions and advanced degree petitions until the 65,000 statutory cap limit is reached. More information is available at www...
BIA Decision is a Strong Reminder Not to Claim False U.S. Citizenship
Posted on June 26, 2009A recent Board of Immigration Appeals (BIA) decision addressed the actions of a foreign national who simply claimed on a passport application that she had been born in Texas. In this decision, the BIA emphasized the fact that the Immigration and Nationality Act (the Act) strictly forbids anyone who is not a United States citizen from claiming, in any way, that he or she is a citizen...
USCIS Reinstates Premium Processing Service for certain Form I-140 Immigrant Petition for Alien Worker
Posted on June 25, 2009Effective June 29, 2009, the U.S. Citizenship and Immigration Services (USCIS) will resume Premium Processing Service for Form I-140 (Immigrant Petition for Alien Worker) for the following petitioner categories: ... EB-1 Aliens with Extraordinary Ability, ...
H-1B Cap Not Yet Reached
Posted on June 25, 2009As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions have been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits...
Military Service Offers Fast Track to Citizenship
Posted on June 24, 2009For many naturalized citizens, service in the United States military was the key to earning that citizenship. In fact, approximately 1,000 foreigners have earned their United States citizenship through military service since the Department of Defense initiated the Military Accessions Vital to National Interest (MAVNI) program after the 9/11 attacks...
USCIS, FBI Eliminate National Name Check Backlog
Posted on June 23, 2009On June 22, 2009, the U.S. Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) announced that a partnership between the two agencies has resulted in the elimination of a large backlog in the FBI's National Name Check Program (NNCP)...
Worker ID Cards May Be a Central Component of Immigration Law Reform
Posted on June 22, 2009The Los Angeles Times reports that Senator Charles Schumer (D-N.Y.) favors requiring every eligible worker in America to obtain a "forgery-proof" worker identification (ID) card to show proof of ability to work. Schumer intends to lead the Senate's effort at comprehensive immigration reform and also called the ID card 'the best way to ensure that all workers are authorized to work' in the U...
What is a U.S. Passport Card?
Posted on June 17, 2009U.S. Citizens can apply for a passport card that allows re-entry into the U.S. at land border-crossings or sea ports-of–entry from Canada, Mexico, the Caribbean region (which includes 17 nations), and Bermuda. The 17 Caribbean nations are: Anguilla, Antigua and Barbuda, Aruba, Bahamas, Bermuda, British Virgin Islands, Cayman Islands, Dominica, Dominican Republic, Grenada, Jamaica (except for business travel), Montserrat, Netherlands Antilles, St...
USCIS Issues Interim Rule to Remove References to Filing Locations and the Immigration and Naturalization Service
Posted on June 16, 2009Effective July 6, 2009, U.S. Citizenship and Immigration Services (USCIS) issued an interim rule amending the Department of Homeland Security (DHS) regulations with the intention to: ... end confusion by removing certain obsolete references to the Immigration and Naturalization Service (INS); ...
More Texas County Sheriff's Offices Now Partner With ICE to Identify and Remove Criminal Aliens
Posted on June 15, 2009Sheriff's offices in the South Texas counties of Hidalgo, Starr, Brooks, Jim Wells, and Kenedy have begun accessing U.S. Immigration and Customs Enforcement (ICE) fingerprint databases to determine if arrested individuals are immigration offenders who may face removal...
More Texas County Sheriff's Offices Partner With ICE to Identify and Remove Criminal Aliens
Posted on June 15, 2009Sheriff's offices in the South Texas counties of Hidalgo, Starr, Brooks, Jim Wells, and Kenedy have begun accessing U.S. Immigration and Customs Enforcement (ICE) fingerprint databases to determine if arrested individuals are immigration offenders who may face removal...
DHS Establishes Interim Relief for Widows of U.S. Citizens
Posted on June 14, 2009On June 9, 2009, U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano granted deferred action for two years to widows and widowers of U.S. citizens (and their unmarried children under 18 years old) who reside in the United States, and who were married for less than two years before their spouse's death...
USCIS Begins Transfer of Historical A-Files to National Archives
Posted on June 10, 2009A signing ceremony was held on June 3, 2009, to formally announce the schedule that will initiate the permanent retention and transfer of alien registration files ('A-files') from U.S. Citizenship and Immigration Services (USCIS) to the National Archives and Records Administration...
Permanent Resident Card Production Delays
Posted on June 09, 2009U.S. Citizenship and Immigration Services (USCIS) announced that permanent resident card applicants may experience up to an eight week delay in the delivery of their permanent resident card while USCIS is in the process of upgrading card production equipment...
USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad
Posted on June 08, 2009U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have: • been granted Temporary Protected Status (TPS); • a pending application for adjustment of status to lawful permanent resident; • a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203); • a pending asylum application; or • a pending application for legalization...
Rule Requiring Federal Contractors to Use E-Verify System Delayed Until September 8, 2009
Posted on June 08, 2009Final implementation of the rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services (USCIS) E-Verify system has been delayed until September 8, 2009. Once applicable, the rule will require federal contractors and subcontractors to agree to electronically verify the employment eligibility of their employees...
Immigrants Can Appeal Deportation If Bad Lawyer Work Is To Blame
Posted on June 04, 2009As reported in the Dallas Morning News, a rule limiting access to lawyers for immigrants facing deportation has been tossed out by the Obama administration. Here are excerpts from the article: The rule was issued in the waning days of the Bush administration, angering immigrants' rights groups that immediately sought to persuade the incoming Democratic administration to discard it...
San Diego County Sheriff's Office First in California to Partner With ICE to Identify and Remove Criminal Aliens
Posted on June 02, 2009Until now, new inmates booked into the San Diego County Sheriff's Department had their fingerprints checked only for criminal history information. But now, each new inmate booked into one of the three largest jails in the County will now also have his or her fingerprints checked by the U...
DREAM Act May Reawaken as Congress Pushes Toward Comprehensive Immigration Reform
Posted on May 30, 2009The Development, Relief, and Education for Alien Minors (DREAM) Act was originally introduced in the Senate by Senator Dick Durbin (D-Ill.) in October of 2007, but was defeated on a cloture vote of 52 to 44. However, the Act was re-introduced in the Senate by Senator Durbin on March 26, 2009...
2009-H1N1 Influenza Travel Alert No Longer in Effect
Posted on May 28, 2009As of May 15, 2009, the U.S. Centers for Disease Control (CDC) lifted its recommendation that all American citizens avoid nonessential travel to Mexico. Because this recommendation was lifted, the U.S. Department of State has announced that the Department's travel alert relating to the 2009-H1N1 influenza outbreak is no longer in effect...
"AgJobs Bill" Proposes Amnesty For Up To 1.35 Million Farm Workers
Posted on May 27, 2009On Thursday, May 14, 2009, Senator Diane Feinstein introduced a bill, nicknamed the 'AgJobs Bill,' that seeks to grant amnesty for up to 1.35 million farm workers working in the country illegally, primarily in California. Feinstein and other legislators proposed the AgJobs Bill numerous times over the last decade but were met with fierce opposition...
Texas Prison System First in Nation to Partner With ICE to Identify and Remove Criminal Aliens
Posted on May 26, 2009Until now, new inmates booked into the Texas Department of Criminal Justice (TDCJ) prison system had their fingerprints checked only for criminal history information. But now, each new inmate booked into the Huntsville, Texas, intake site will now also have his or her fingerprints checked by the U...
New Requirements on Border ID Cause Worries at Crossings
Posted on May 25, 2009Big changes are coming on June 1, 2009, for Americans who return to the United States after trips to Mexico or Canada, or who come back from a cruise. These changes have caused concern about an adverse effect on trade between Canada and the United States...
Senate Bill Requires Sheriffs to Determine "Citizenship Status" of Certain Convicted Felons
Posted on May 24, 2009On May 18, 2009, the Texas Senate passed a bill requiring Sheriffs or any other officers in charge of a correctional facility, to determine the 'citizenship status' of all convicted felons. The bill, S.B 2584, amends Chapter 2, Code of Criminal Procedure, by adding Article 2...
H-1B Cap Still Not Reached
Posted on May 23, 2009As of May 18, 2009, U.S. Citizenship and Immigration Services (USCIS) had received 45,500 H-1B petitions counting toward the 65,000 cap. For the fiscal year 2010 H-1B program, USCIS continues to receive petitions subject to the 65,000 cap. Visit the USCIS Web site for updates.
Non-Minister Special Immigrant Religious Worker Program Extended Through 09/29/2009
Posted on May 19, 2009On March 20, 2009, President Obama signed Public Law 111-9 extending the non-minister special immigrant worker program through September 29, 2009. The program, which had expired on March 6, 2009, includes professional or non-professional capacities within a religious vocation or occupation...
Trying To Stop Passport Fraud
Posted on May 18, 2009Parade.com has an interesting story about U.S. passports, and the ease with which they can be fraudulently obtained. This is apparently a big problem, and should be addressed as soon as possible by the government. Here are excerpts from the article: Alarmed by a government report revealing how easy it is to obtain a fraudulent passport in the United States, lawmakers are calling for changes to the system...
Naturalized Citizens Are Poised To Reshape Political Landscape
Posted on May 12, 2009The Los Angeles Times reports that more than 1 million immigrants became U.S. citizens last year, the largest surge in history, hastening the ethnic transformation of certain states' political landscapes with more Latinos and Asians now eligible to vote...
Migrant-Smuggling Bust Leads To 27 Arrests Around Dallas
Posted on May 11, 2009The Dallas Morning News reported that 27 people were arrested in the Dallas area on charges of migrant-smuggling. The Federal government has accused these people of bringing 500 to 1,000 illegal immigrants a month into the United States. The U.S. Attorney's office said these arrests were the result of a two-year investigation.
Helpful Information for Visa Applicants in Ciudad Juarez, Mexico
Posted on May 06, 2009The Web site for the U.S. Consulate in Ciudad Juarez reflects that most consular services that were suspended until May 8, 2009, will remain suspended until May 15, 2009. Once the consular services for immigrant and non-immigrant visas begin operating again, we can only imagine the huge backlogs that will exist for visa applicants...
Court Bars Identity-Theft Law as Tool in Immigration Cases
Posted on May 05, 2009As reported in the New York Times, unauthorized immigrants got a big break from the U. S. Supreme Court this week. The Court ruled unanimously that prosecutors cannot use federal identity-theft laws against illegal immigrants who use Social Security numbers belonging to U...
DHS Swine Flu Update
Posted on May 02, 2009Here is the latest press release from the Department of Homeland Security regarding swine flu: U.S. DEPARTMENT OF HOMELAND SECURITY PRIVATE SECTOR OFFICE H1N1 FLU OUTBREAK UPDATE FEDERAL INTERAGENCY UPDATES AND INFORMATION U.S. Department of Homeland Security DHS H1NI Update: http://www...
U.S. Consulate in Ciudad Juarez Limits Consular Services
Posted on April 29, 2009In compliance with the precautionary measures and the travel health warning issued by the Department of State, the U.S. Consulate in Ciudad Juarez is canceling all immigrant visa and waiver appointments from April 30, 2009, through May 8, 2009. Individuals with immigrant visa appointments scheduled during this time will receive a letter with the rescheduled appointment date...
Information on Swine Flu Outbreak
Posted on April 28, 2009An outbreak of swine flu cases in Mexico has led to more than one hundred deaths, and the death toll continues to increase. The Center of Disease Control issued a precautionary notice for all travelers going to Mexico to avoid the infection. The U.S. Embassy in Mexico City announced that from April 27, 2009, until April 30, 2009, consular services will remain available for U...
Updated Information on the Swine Flu Outbreak and Travel Restrictions to Mexico
Posted on April 28, 2009The U.S. Department of State has issued a Travel Health Warning, alerting all U.S. citizens of the health risks of traveling to Mexico as a result of the swine flu outbreak. The travel alert will be effective until July 27, 2009 and can be found here...
H-1B Cap Not Yet Reached
Posted on April 25, 2009On April 20, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that for fiscal year 2010 H-1B program, 44,000 petitions were received and counted toward the 65,000 Congressionally-mandated cap. USCIS continues to accept petitions subject to the 65,000 cap...
Ten Things to Take to an Immigrant Visa Interview
Posted on April 22, 2009Most of our immigration clients are understandably nervous before their visa interview. This interview will determine whether the visa petition will be granted or denied. We always spend time with our clients before the interview to explain the process and to give them an idea of the types of questions that may be asked...
Immigrants Could Help End the Housing Glut
Posted on April 19, 2009Respected financial columnist Scott Burns, in a Dallas Morning News article today, reports a unique proposition to solve our country's housing crisis by opening the borders to immigrants who can afford to buy homes in the United States, and then granting citizenship to those immigrants...
Google's Immigration "Fixer" - And The Public's Angry Reaction
Posted on April 14, 2009The Technology section of the New York Times this week ran an article about an employee at Google whose job it is to "fix" problems Google employees have with the immigration system. The article is interesting, but what is really striking is the tone of the comments to the online article...
Texas Driver's License Changes for Immigrants Blocked by Judge
Posted on April 10, 2009The new rule requiring a different format for driver licenses of non-citizens in Texas, and requiring the showing of valid visas in order to receive the licenses, has been blocked by a State District Judge. Here are excerpts from a story in the Dallas Morning News: A judge blocked the Texas Department of Public Safety on Thursday from continuing to enforce new rules that prevent some legal immigrants from obtaining driver's licenses and identification cards...
May 2009 Visa Bulletin Available
Posted on April 09, 2009The Department of State (DOS) issues a visa bulletin each month and allocates a certain number of immigrant visas according to preference categories. The Visa Bulletin for May is available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html There are no visas available in the Employment Third and Third preference 'other worker' categories the month of May...
Employers Required to Use Revised Form I-9
Posted on April 09, 2009As of April 3, 2009, all U.S. employers are required to use the revised Form I-9. The changes to the form include a list of accepted documents. Employees must present to their employers documentation to identify their identity and verify employment authorization...
New Procedures in Ciudad Juarez for Non-Immigrant Visa Applicants
Posted on April 09, 2009As of April 6, 2009, all applicants for non-immigrant visas at the U.S. consulate in Ciudad Juarez, Mexico, must now enroll at the Applicant Service Center (ASC) fingerprint appointment before attending the interview appointment. ASC employees take applicants' pictures and fingerprints and provide that data to the consulate...
It's Not Too Late to File Your H-1B Cap Petition for FY 2010
Posted on April 08, 2009U.S. Citizenship and Immigration Services (USCIS) announced that they are still accepting H-1B petitions for the fiscal year 2010. USCIS began accepting H-1B cap petitions subject to the cap on April 1. After five days, almost half of the 65,000 cap for fiscal year 2010 have been received...
It's Not Too Late to File Your H-1B Cap Petition for Fiscal Year 2010
Posted on April 08, 2009U.S. Citizenship and Immigration Services (USCIS) announced that they are still accepting H-1B petitions for the fiscal year 2010. USCIS began accepting H-1B cap petitions subject to the cap on April 1. After five days, almost half of the 65,000 cap for fiscal year 2010 have been received...
Get Your H-1B Visa Filed by April 1, 2009
Posted on March 23, 2009On April 1, 2009, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for the 2010 fiscal year. Since there are only 65,000 H-1B visas issued per year, yet there are more than 65,000 applicants, the H-1B visas are entered into a random computer lottery system...
Obama Pledges to Work on Immigration
Posted on March 19, 2009As reported by the Dallas Morning News, President Barack Obama renewed his campaign promise to tackle the immigration system in a meeting with Hispanic lawmakers Wednesday. The current economic crisis has sidetracked immigration reform so far, but some of us are optimistic that it will be addressed in the near future...
Travel Document Requirements for U.S. and Canadian Travelers
Posted on March 18, 2009The U.S. Customs and Border Protection (CBP) reminds U.S. and Canadian travelers that on June 1, 2009, the Western Hemisphere Travel Initiative (WHTI) will go into effect at land and sea ports of entry. The WHTI sets new requirements for travelers, requiring travelers to present an approved travel document to enter the United States...
Mom Patrols U.S. Border From Her Den
Posted on March 12, 2009A story on CNN describes a woman in Rochester, New York, who patrols the Texas-Mexico border from her home. She does this virtually, by using cameras she can view over the Internet. Here is the beginning of the article: When her baby girl takes an afternoon nap, or on those nights when she just can't sleep, Sarah Andrews, 32, tosses off her identity as a suburban stay-at-home mom and becomes something more exotic: a "virtual deputy" patrolling the U...
Technical Issues Hamper Border 'Fence'
Posted on March 11, 2009The Dallas Morning News reports that there have been delays in the government's virtual fence along the Texas-Mexico border. Here are excerpts from the article: Congress' patience with work on a $6.7 billion "virtual fence" along the border is wearing thin, even as the project's government supervisor reported that the earliest the technology will be put to work on the border is 2011...
Pre-Screening for Visa Waiver Country Visitors
Posted on March 11, 2009Citizens of one of the 35 countries listed in the Visa Waiver Program (VWP) who seek to visit the United States for less than 90 days for either business or pleasure must now be pre-screened before boarding their flights. The Electronic System Travel Authorization (ESTA) is an application system that requires travelers from these 35 VWP countries to apply for travel authorization 72 hours prior to boarding...
Second Clerical Error This Year on Work Permits
Posted on February 24, 2009For the second time this year, the Vermont Service Center (VSC) has issued Employment Authorization cards with errors, specifically on the expiration date. Employment authorization cards produced around February 4, 2009, should have an expiration date on the card of September 9, 2010, rather than February 9, 2010...
Free Seminar on Immigration and Citizenship
Posted on February 24, 2009Saturday March 7, 2009, attorney Eugenia Ponce will give a seminar about immigration and citizenship issues. The presentation will be at the Irving Central Public Library at 2:00 in the afternoon. Admission is free, but seating is limited so please arrive early...
Business Organization Promotes Immigration Reform
Posted on February 23, 2009ImmigrationWorks USA is an organization of business owners dedicated to the proposition that legal immigration is good for American businesses. Here is information from their Web site: ImmigrationWorks USA is a national organization advancing immigration reform that works for all Americans – employers, workers and citizens...
Brownsville CBP Officers Seize $37,000 In Ecstasy Disguised As M&Ms
Posted on February 19, 2009This announcement from the U.S. Customs and Border Protection agency this week struck me as humorous. I love M&M candies, but now I'm going to have to be a little more careful about popping a handful in my mouth! Brownsville, Texas – U.S. Customs and Border Protection officers at the Brownsville and Matamoros International Bridge discovered $37,000 in Ecstasy concealed in M&M candy bags under the clothing; two Mexican citizens were arrested...
Please Attend TECHSHOW - April in Chicago
Posted on February 17, 2009I've been attending TECHSHOW, presented by the American Bar Association almost since the beginning, many years ago. It's always a highlight of my year. The enormous amount of technical information presented is only one reason to attend. Equally important to me is the opportunity to meet in person with many of the friends I correspond with online...
U.S. Military Will Offer Path to Citizenship for Temporary Immigrants
Posted on February 16, 2009The New York Times is reporting that the U.S. military is changing its position on immigrants in the armed services, and will now allow even temporary immigrants to join. The reason of course is that the military has a serious shortage of service men and women with knowledge of the languages and cultures of Afghanistan and Iraq...
Hispanic Job Losses Outpacing Broader Market
Posted on February 15, 2009The Dallas Morning News reports the results of a recent survey showing that Latino immigrants to the United States lost jobs at a faster pace than the broader workforce last year after a sharp contraction in the construction industry where many immigrants work...
Births by Midwives are Causing Citizenship Questions
Posted on February 11, 2009The Dallas Morning News reports that the citizenship of hundreds, possibly thousands, of people who insist they are U.S. citizens is being called into question because they were delivered by midwives near the Texas-Mexico border. Here are excerpts from the article: The federal government's doubts come as many try to meet a June 1 deadline to obtain U...
Non-Minister Special Immigrant Religious Worker Expiring 03/06/2009
Posted on February 07, 2009On March 6, 2009, the category covering non-minister special immigrant religious workers will expire. The non-minister religious worker category includes professional or non-professional capacities within a religious vocation or occupation. Therefore, individuals under the non-minister category must adjust their status to permanent residence or be admitted before March 6, 2009...
Six Counties in Texas Join "Secure Communities" Program
Posted on February 05, 2009On January 22, 2009, we posted a blog message discussing the Secure Communities program administered by U.S. Immigration and Custom’s Enforcement (ICE) that facilitates the process for ICE to determine if an individual in local custody is a potentially deportable criminal alien...
Target of Immigrant Raids Shifted from Criminals to Non-Criminals
Posted on February 04, 2009An article in the New York Times today reveals that a federal program originally intended to find and deport illegal aliens with criminal records has been altered to focus on easier targets - aliens with no criminal records and no deportation orders outstanding...
Approval Notice of Form I-539 Left Blank - Correction On the Way
Posted on February 02, 2009A foreign national in the United States on a non-immigrant visa requesting either to extend status or change from one non-immigrant status to another must file Form I-539. If you filed Form I-539 and received an blank approval notice from the Vermont Service Center (VSC), the VSC has corrected the error, and will send your correction notice shortly...
Effective Date of Revised Form I-9 and Its Regulatory Changes Delayed
Posted on February 02, 2009In a previous message posted January 23, 2009, we noted that a new version of Form I-9 would become effective February 2, 2009. Employers who hire new employees must verify employment eligibility and complete a Form I-9. The new rule would amend the types of acceptable documents employees may present to their employers for completion of Form I-9...
Court Fight Over Illegal-Immigrant Rental Ban Becoming Expensive For Farmers Branch
Posted on January 24, 2009The latest development in the seemingly never-ending saga of Farmers Branch's battle against illegal immigrants may have the city dipping into its savings to pay for the continuing court costs. I've written many times about this ill-advised (in my opinion) attempt by the city to keep illegal immigrants away by forcing landlords to become immigration cops...
Farmers Branch To Delay Some Projects To Cover Budget Shortfall
Posted on January 24, 2009Here's a quick follow-up to my last post about the effect on the budget of Farmers Branch of that city's pursuit of the goal of driving illegal immigrants from the city. These excerpts are from a Dallas Morning News story today: Farmers Branch officials have opted to put off some street maintenance projects as well as some vehicle and equipment purchases to cover a projected shortfall of nearly $1...
New Visa Waiver Program for Guam and Commonwealth of Northern Mariana Islands
Posted on January 23, 2009Effective June 1, 2009, citizens of certain countries are allowed to seek admission to Guam and the Commonwealth of Northern Mariana Islands (CNMI) without a visa, pursuant to the Guam-CNMI Visa Waiver Program. To participate in the program, travelers must posses a valid passport; present a valid and completed form I-94 and Form I-736; must not have previously violated any prior admission to the U...
New Version of Form I-9 Required Beginning 2/2/09
Posted on January 23, 2009Employers must complete form I-9 for all employees, citizens, and non-citzens who are hired and working in the United States. The new version must be used on February 2, 2009 and thereafter. It is available at the U.S. Citizenship and Immigration Service Web site.
New Program Notifies ICE of Criminal and Immigration History
Posted on January 22, 2009The Department of Justice (DOJ) and the Department of Homeland Security (DHS) have developed a new program that enhances identification and removal of criminal aliens. The program, known as Secure Communities, is administered by U.S. Immigration and Customs Enforcement (ICE), and provides ICE and other local agencies immigration history information on an individual who is booked into jail...
US-VISIT Program: Requires Fingerprints At Inspection
Posted on January 17, 2009The Department of Homeland Security (DHS) United States Visitor and Immigrant Status Indicator Technology (US-VISIT) program upgraded its biometric data gathering technology to make the entry process into the United States faster and more accurate. When entering the United States at major U...
New Requirements For Travelers From All Visa Waiver Program Countries
Posted on January 15, 2009There are 35 countries that are authorized to participate in the Visa Waiver Program (VWP). The VWP allows citizens or nationals of the authorized countries to travel to the U.S for business or tourism for stays of 90 days or less, without first obtaining a visa...
Immigration Prosecutions Surge Under Bush Administration
Posted on January 13, 2009As reported in the Dallas Morning News, immigration prosecutions in the federal courts more than quadrupled during the eight years of the Bush administration and Texas' two border districts led the nation in the surge, according to a new report by a Syracuse University research center...
Noncitizens Have No Right to Counsel in Deportation Cases, Mukasey Finds
Posted on January 10, 2009From the Journal of the American Bar Assocition: Days before a new presidential regime will be in place at the White House, U.S. Attorney General Michael Mukasey issued a written opinion (PDF) yesterday finding that noncitizens have no constitutional right to counsel in deportation proceedings...
Bush Regrets Immigration Reforms Weren't Approved
Posted on January 10, 2009From The Associated Press: President George W. Bush told a group of Texas reporters Friday that he regretted immigration policies were not reformed while he was in office. "I'm very disappointed that it didn't pass," he said in an interview with correspondents from his home state...
New Rules Implemented For Religious Worker Visas
Posted on January 07, 2009In an effort to detect and deter fraud in the religious worker program, U.S. Citizenship and Immigration Services (USCIS) implemented significant changes to the special immigrant and non-immigrant (R-1) religious worker rules. The new rule became effective November 26, 2008...
Foreign professionals In U.S. Face Uncertain Futures As Joblessness Rises During Recession
Posted on January 05, 2009A recent Associated Press article provides a good summary of the dilemma faced by foreign workers as the U.S. economy deteriorates. These workers are finding themselves less in demand, and are searching for alternative jobs or other means of maintaining their immigration status and stay in the United States...
Last-Minute Changes To Farm Worker Program Create Controversy
Posted on January 04, 2009Here's an interesting debate about last-minute changes to the H-2A agricultural worker program proposed by the Bush administration. As expected, employers who would benefit from the changes are in favor, and American farm workers who might be harmed are opposed...
Re-Entry Permits - Get Biometrics Expedited Before Departing U.S.
Posted on December 31, 2008Lawful permanent residents (LPR) who are outside the United States for a short period of time, and seek entry back into the U.S. must present their permanent resident card (“green card”). If an LPR is going to be outside of the U.S. for more than one year, then the LPR must apply for a re-entry permit...
New Form DS-160 Submitted Online - Ciudad Juarez, Mexico
Posted on December 30, 2008Non-immigrant visas are for foreign nationals seeking to enter the United States for a temporary period of time. The type of visa a foreign national will apply for will depend on the purpose of the trip. Non-immigrant visas can be for study, tourism, or business, to name a few...
Immigration Officials Curb Sedation Of Deportees
Posted on December 29, 2008Here's a bit of good news from Immigration and Customs Enforcement - ICE is reducing the number of deportees they sedate, and is using less-powerful drugs when they do sedate people. Here are excerpts from an article in the Dallas Morning News: Federal immigration officials, over the past year, have dramatically curtailed the controversial practice of sedating deportees with powerful anti-psychotic medication...
Get Your Fee Refunded If No Expedited Passport Service
Posted on December 23, 2008Individuals who applied for U.S passports, paid the additional $60 for expedited service, and have reason to believe they did not receive the expedited service, may request a refund of the $60 expedited passport fee. Refunds are determined by the Department of State on a case-by-case basis...
Editorial: New Texas ID Provides Useful Immigration Tool
Posted on December 18, 2008An editorial in the Dallas Morning News today reaches the opposite conclusion than my earlier posts on the new Texas drivers licenses for immigrants. The News believes this will reduce profiling, and I think it will increase discrimination against legal immigrants...
In Farmers Branch, Hispanics Now Top Demographic Group
Posted on December 16, 2008There is an interesting twist to the continuing sage of the Farmers Branch, Texas efforts to restrict housing in that city to legal residents, and to exclude illegal immigrants. The latest census data show that Hispanics are now the largest demographic group in Farmers Branch, edging out whites...
B-1 Visas For Domestic Workers
Posted on December 15, 2008U.S. citizens residing abroad may qualify their personal servants or domestic workers for B-1 status during a temporary trip to the United States. Temporary trip usually means six months or less. Since the foreign domestic worker will engage in employment in the United States, he or she will apply for work authorization once admitted in the United States...
B-2 Extension of Status Application Filed Months Ago...still waiting for decision?
Posted on December 11, 2008Did you enter the United States on a B-2 tourist visa, file an extension of status in the U.S., and a decision on the extension of status application is still pending? U.S. Citizenship and Immigration Services (USCIS) is currently taking eight to twelve months to adjudicate a B-2 extension of status application...
Opponents Call New Driver's License Rules For Foreign Nationals 'Institutionalized Racism'
Posted on December 10, 2008I've written before about the new Texas law requiring foreign nationals to use a different form of driver's license than that used by U.S. citizens. Now opponents of that law are calling on politicians to rescind the rule. The Dallas Morning News had a good story on this subject today...
Interim Final Rule: Non-Immigrants With "T" & "U" Visas Can Now Adjust Their Status To Lawful Permanent Residents
Posted on December 08, 2008The Department of Homeland Security (DHS) published a new interim rule today allowing certain visas holders in “T” and “U” classification to adjust their status to lawful permanent residents. The rule also provides for adjustment of status for family members of a principle T or U visa holder...
Competitors Hiring Illegal Aliens? Rat them out!
Posted on December 07, 2008That's the premise behind the Web site WeHireAliens.com. You can go there and report any business you suspect hires illegal aliens. You need not have any evidence at all, and you certainly don't have to leave your name or reason for reporting the business...
Pentagon To Recruit Aliens On Visas
Posted on December 05, 2008Bulletin from Associated Press: WASHINGTON (AP) — Struggling to find enough doctors, nurses and linguists for the war effort, the Pentagon will temporarily try to recruit foreigners who have been living in the states on student and work visas as well as on refugee and political asylum status...
Latest Development In Farmers Branch Illegal-Immigrant Ban Efforts
Posted on December 05, 2008In what is becoming a financial disaster for the Dallas suburb of Farmers Branch, a judge has now ordered collection of more electronic documents from the city. As everyone probably knows, Farmers Branch has been trying for quite a while to enact city ordinances banning illegal immigrants from living there...
Homeland Security Pick Napolitano Expected To Reassert Federal Authority On Immigration
Posted on December 03, 2008That was a headline in the Dallas Morning News, and let's hope it comes true. This country desperately needs the federal government to step up to the plate and take responsibility for passing and enforcing immigration laws. As is, we have a hodgepodge of states and municipalities trying to pass conflicting laws regulating immigrant behavior...
Will The Last Person To Leave Please Turn Out The Lights?
Posted on December 03, 2008The Acting Director for USCIS has resigned, close on the heels of the resignation of the head of ICE. The Administrative Appeals Office is also without a leader. Who's running the show up in Washington these days? Anyone want to apply for a job that will probably end on January 20, 2009? Here is the official statement from Homeland Security Secretary Michael Chertof: For Immediate Release Office of the Press Secretary Contact: 202-282-8010 Today is Jock Scharfen’s last day as Acting Director for the U...
Editorial - A Cool Head On Immigration
Posted on December 02, 2008The New York Times has a good editorial about the selection of Arizona Governor Janet Napolitano as President-elect Barack Obama’s choice for homeland security secretary. The Times is in favor of Napolitano, and so am I. I think she's a good, moderate voice in the immigration debate...
Texas Landowners Find Appraisers Scarce In Border-Fence Cases
Posted on December 02, 2008The Dallas Morning News reports that Rio Grande Valley property owners are having trouble finding property appraisers – key witnesses in hearings that will determine how much the government pays for the land it uses to build the border fence. This is going to be a major problem in the battle between the property owners and the U...
Mexicans In U.S. Return Home For Holidays With Less
Posted on December 01, 2008The Associated Press reports that nearly 1 million Mexican migrants living in the U.S. are expected to head home for the holidays, but relatively few are returning loaded down with gifts and cash this year. This could have a profound effect on the upcoming immigration debate, but of course this situation will reverse when the U...
Editorial: Immigration Reform Faces New Obstacles
Posted on December 01, 2008Today's Dallas Morning News has a good editorial about obstacles to be faced in enacting immigration reform legislation with a new administration and new Congress. Bottom line - it won't be easy, but it must be done. Here is the editorial: Senate Majority Leader Harry Reid perked up some ears last week when he told Gannett News that Congress will follow up on the post-election agreement between President-elect Barack Obama and Sen...
British Government Begins Issuing ID Card To Foreign Nationals
Posted on November 26, 2008The Associated Press reports that the British government is issuing ID card to foreign nationals. The program will start with roughly 50,000 foreign students and spouses of permanent residents. This is a little frightening for those of us who don't entirely trust what governments might do with the information on national ID cards...
Temporary Protected Status Re-Registration Period Extended For Honduran And Nicaraguan Nationals
Posted on November 24, 2008News from the Immigrant Legal Resource Center: November 21, 2008 - WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an extension to the re-registration period for nationals of Nicaragua and Honduras who have been granted Temporary Protected Status (TPS) and are now eligible to re-register and maintain their status an additional 18 months...
Texas Border Sheriffs Launch Border Camera Program
Posted on November 21, 2008For better or worse, the The Texas Border Sheriff's Coalition has launched a new network of Internet cameras aimed at the Mexican border in the latest effort to bolster local border security efforts with live video steaming. Here are excerpts from a Dallas Morning News article: Much like during the monthlong test run of border cameras, users watching the cameras will be able to anonymously e-mail law enforcement to report suspicious activity...
Anti-Immigrant Bills Already Filed In Texas Legislature
Posted on November 20, 2008The CapitolAnnex Web site has a good summary of the immigration bills pre-filed in the Texas Legislature, for consideration when the Legislature meets in January. Fortunately for Texans, our Legislature meets only every other year. Unfortunately, 2009 is one of those years...
Napolitano Chosen As Secretary Of Homeland Security
Posted on November 20, 2008The Washington Post reports that Janet Napolitano will be appointed as Secretary of Homeland Security: Arizona Gov. Janet Napolitano (D), whose handling of immigration issues brought her accolades from fellow governors, is President-elect Barack Obama's choice to serve as secretary of homeland security, Democratic sources said late Wednesday...
Dallas Morning News Speaks Out On DISD Social Security Blunders
Posted on November 19, 2008A few days ago I wrote about the absurd policy of the Dallas Independent School District to issue fake Social Security numbers (temporarily) to new employees. Now the Dallas Morning News has weighed in with an editorial on the subject: OK, let's see if we understand this...
Intercountry Adoption Web Site
Posted on November 19, 2008Recently, the U.S. Department of State launched a new Web site designed exclusively for intercountry adoption. The Web site, www.adoption.state.gov, provides information regarding the international adoption process, eligibility and requirements to adopt, the specific countries from which Americans can adopt children, the protections provided by the Hague Adoption Convention, and information about selecting an accredited adoption agency...
Editorial: Releasing Criminal Immigrants
Posted on November 18, 2008An editorial in today's Dallas Morning News decries the decision by Harris County to release illegal immigrants who have been charged with felonies. This editorial is hard to argue with. Regardless of your position on immigration reform, surely no one believes our country is better off because we're releasing serious criminals because of paperwork delays...
Will Large Latino Voter Turnout Affect Future Immigration Policies?
Posted on November 17, 2008Morning Edition, on National Public Radio, had a very interesting story this morning about the potential effect of Latino voter turnout on future immigration policies. Please read the article, but the gist is the suggestion that the large Latino support for the Democrats might force Democrats to act on immigration reform or risk losing this support...
New Employment Immigration Regulation Eased After Firms Complain
Posted on November 17, 2008The Washington Post reports that the Department of Homeland Security will significantly scale back its planned crackdown this winter on federal contractors that hire illegal immigrants. Here are excerpts from the article: Under a rule published yesterday, the agency said only contractors that do more than $100,000 in federal work will be required to use an electronic government system to check the work documents of new hires...
Texas Department Of Public Safety Drops Plans For Driver's License Checkpoints
Posted on November 16, 2008The Dallas Morning News reports that the Texas Department of Public Safety has decided to drop plans to create driver's license checkpoints on Texas highways in the face of strong lawmaker opposition and suspicions that the proposal targeted illegal immigrants...
Dallas School District Issued Fake Social Security Numbers To Employees
Posted on November 14, 2008The Dallas Morning News today reports an incredible story about how the Dallas Independent School District issued fake Social Security numbers as a "temporary measure" in order to get immigrant teachers and employees on the payroll. The plan was to use the fake number until the immigrant could get a real number...
Dallas County Jail Will Now Check Prisoners' Immigration Status
Posted on November 13, 2008The Dallas Morning News reports that the Dallas County jail has become one of the first in the nation to use a new federal database to identify illegal immigrants during the book-in process. Here are excerpts from the article: Normally, when prisoners are booked into jails, their fingerprints are run through a national database to check their criminal history...
Even Legal Immigrants Receive Inadequate Medical Care in U.S.
Posted on November 10, 2008The New York Times recently ran a very long, but important, article about medical care received in the United States by immigrants. The gist of the story is that the medical care is inadequate, regardless of the immigrant's legal status. This is shocking - many legal immigrants in the U...
Dallas Immigration Officials Say Illegal Immigrant Arrests Up 21% In 2008
Posted on November 06, 2008The Dallas Morning News reports today that arrests of illegal immigrants in North Texas increased 21 percent in the last fiscal year. Here are excerpts from the article: More than 16,300 people were repatriated to their native countries, compared with 13,500 the previous fiscal year, which ended Sept...
Days After Leak About Obama's Aunt, Immigration Chief Julie Myers Announces Resignation
Posted on November 06, 2008That is the headline of a blog post at ThinkProgress.org. I don't know that there is any connection, but this resignation seems quite sudden, and it does give rise to speculation. Here is the press release from the Department of Homeland Security.
Bush Administration Wants To Renew Crackdown On Employers Of Illegal Immigrants
Posted on October 24, 2008Yesterday, Homeland Security Secretary Michael Chertoff announced that the Bush administration will renew its efforts to crack down on U.S. companies that hire illegal immigrants. This effort is currently stalled by a federal judge's ban. The administration wants to begin mailing notices to almost 150,000 employers, forcing the employers to match their employees against a federal database of Social Security numbers...
Supreme Court To Hear Immigrant's Appeal In Identity Theft Case
Posted on October 21, 2008Today's Washington Post reports on an ID theft case that the U.S. Supreme Court is going to consider. The question is whether prosecutors in immigration cases have to prove that defendants in aggravated identity-theft cases knew they were victimizing real people...
Immigration Attorney Makes Presentation To Students
Posted on October 16, 2008On October 8, 2008, Kraft & Associates immigration attorney Eugenia Ponce made a presentation to teenage students of the Irma Rangel Young Women's Leadership School. This is a magnet school of the Dallas Independent School District, and is located on Robert B...
Universal Declaration of Human Rights
Posted on October 12, 2008I'm not sure how anyone could disagree with the statements in the Universal Declaration of Human Rights, but even if you do, you'll still appreciate the beautiful video representation of the words in this declaration. Enjoy.
Texas Changes Drivers License Format For Non-Citizens
Posted on October 11, 2008Texas has now enacted a very controversial law requiring foreign nationals to get a different type of drivers license than that used for U.S. citizens. The license will have a vertical, rather than horizontal, orientation, so it will be instantly recognizable by anyone who sees it — including potential landlords or employers...
Lewisville Decides Not To Pursue Official-English Resolution
Posted on October 07, 2008The Lewisville city council has decided not to invoke an "English-only" policy. This is good news, in my opinion. I just see no up-side to such policies, and I think the city council came to the same conclusion. The vote was 4-1 against pursuing such a resolution...
Lewisville Debates English As City's Official Language
Posted on October 06, 2008Why do cities continue to waste time and money trying to make English the "official" language? The latest in our area to do so is the Dallas northern suburb of Lewisville, which is debating the issue this evening in a city council meeting. The council will also be debating which city documents to translate into English...
New Naturalization Test Almost Here
Posted on September 23, 2008Upon satisfying certain requirements, lawful permanent residents of the United States may file applications for naturalization allowing them to become U.S. citizens. One of the requirements is that the applicant have knowledge of the English language, and knowledge of U...
Compare The Presidential Candidates' Immigration Policies
Posted on September 22, 2008I recently mentioned a statement Barack Obama made about immigration policy. You can see the candidates' complete immigration policies on their Web sites — Barack Obama's immigration policies and John McCain's immigration policies. Both candidates, fortunately, are in favor of comprehensive immigration reform...
Delay Forecast For Fence At Mexican Border
Posted on September 22, 2008An article this month in the Washington Post suggests that the much-debated fence along the Mexican border is unlikely to be completed before the Bush administration ends. The delays have been caused by apparently unforeseen difficulties in acquiring land for the fence, and by rapidly increasing construction costs that have depleted the allocated funds for the fence...
Barack Obama's Position On Comprehensive Immigration Reform
Posted on September 19, 2008As quoted in a Wall Street Journal article, these comments were made by Barack Obama in a recent speech: “This election is about the 12 million people living in the shadows, the communities taking immigration enforcement into their own hand. They are counting on us to stop the hateful rhetoric filling our airwaves, and rise above the fear, and rise above the demagoguery, and finally enact comprehensive immigration reform...
LPGA Reverses Decision On English-Only Golfers
Posted on September 06, 2008I wrote a note just a few days ago about the seemingly unjustified decision by the LPGA to require all professional golfers to be proficient in English in order to play on the U.S. tour. Now the Dallas Morning News reports that the tour has reversed its decision, and will simply encourage players to "get by with the basics of the language...
Female Professional Golfers Must Speak English
Posted on August 28, 2008Here's an interesting little story not directly related to immigration. I watch quite a bit of golf on TV, men's and women's. I've noticed the dominance of Asian players on the ladies tour, especially South Korean players. Now a story emerges that the Ladies Professional Golf Association is going to require fluency in English in order to qualify for the tour...
ICE Detains Nearly 600 In Mississippi Plant Raid
Posted on August 27, 2008MSNBC has a good article about the huge immigration raid in Mississippi. I hope the detainees are treated better this time than were those in Iowa. Here are excerpts from the article: The largest single-workplace immigration raid in U.S. history has caused panic among Hispanic families in this small southern Mississippi town, where federal agents rounded up nearly 600 plant workers suspected of being in the country illegally...
ICE Press Release Regarding Mississippi Raid
Posted on August 27, 2008Here is the official ICE press release regarding the immigration raid in Laurel, Mississippi this week: 595 arrested in ICE and Department of Justice joint immigration enforcement action initiated at Mississippi transformer manufacturing facility Approximately 106 identified with humanitarian issues, eight charged criminally LAUREL, Miss...
Pilgrim's Pride Owner Calls For Immigration Law Changes
Posted on August 26, 2008An article today in the Dallas Morning News details the opinions of the owner of Pilgrim's Pride poultry company regarding our immigration laws.Here are excerpts: Poultry mogul Lonnie "Bo" Pilgrim on Monday called for an overhaul of the nation's immigration laws...
United States Must Fix Antiquated Green Card Policy
Posted on August 26, 2008That's not simply my opinion, but the title of a recent Dallas Morning News editorial. If we don't make major changes to our immigration laws soon we will fall behind (some would say further behind) the rest of the industrialized world in technical research and engineering...
Politically-Appointed Judges More Likely to Reject Asylum Bids
Posted on August 25, 2008I wrote before about the scandal of choosing Immigration Judges based upon their political beliefs and loyalty. It had the potential for enormous unfairness in judicial opinions. Now my concerns seem to have been confirmed by a study reported on in the New York Times...
E-2 Treaty Investor Visa
Posted on August 21, 2008You could qualify for an E-2 Treaty Investor Visa. First, the investor should be from a country that has a treaty of commerce and navigation or bilateral investment treaty with the U.S. Once the investor enters the U.S, the investor will be responsible for the development and administration of the investment enterprise in which he or she has invested, or is actively in the process of investing, a large sum of capital...
E-2 Visa De Inversionista Para Paises Del Tratado (Treaty Investor)
Posted on August 21, 2008Usted puede calcificar para una Visa de Inversionista (E-2 visa). Primero que todo, el solicitante debe ser ciudadano de un país que mantiene un tratado de comercio con los Estados Unidos. El propósito de la visa es para que el solicitante entre a los Estados Unidos para desarrollar y administrar las operaciones de una empresa en la cual él o ella ha invertido, o está activo en el proceso de invertir, una suma de capital alta...
Please Help The Muscular Dystrophy Association
Posted on August 19, 2008This is my second request for donations to the Muscular Dystrophy Association, but time is running short, and I'm still not at my goal. I'm going to be locked away in "jail" if some of you don't help bail me out. Here's what I said earlier in the month: I'm proud to tell you that I'm being locked up...
USCIS Making Progress In Naturalization Processing Delays
Posted on August 11, 2008USCIS today announced the most recent projected time delays for processing naturalization applications. The time periods range from approximately five months in San Antonio and Harlingen, Texas to eleven months in Dallas, and up to 14.9 months in Charlotte, North Carolina...
Carrollton Council To Take Its Time On Illegal-Immigration Advisory Panel
Posted on August 07, 2008The Dallas Morning News published an article today about the suburban city of Carrollton, and its approach to illegal immigrants. Here are excerpts: Carrollton City Council members want to have a residents' panel advise them on combating the effects of illegal immigration...
Please Help Bail Me Out Of Jail!
Posted on August 05, 2008I'm proud to tell you that I'm being locked up...that's right, I'm going behind bars to help Jerry's Kids and MDA. To be released on good behavior I have to raise bail and I need your help! All you have to do is click here to make a secure, online donation before 08/28/08...
Immigration Judges Chosen For Political Views?
Posted on July 30, 2008The Washington Post has a column today decrying the news that under the Bush Administration appointees to various departments were made on the basis of politics and not on merit. Shockingly, this seems to have included immigration judges. This is extremely disappointing and of course illegal...
After Iowa Raid, Immigrants Fuel Labor Inquiries
Posted on July 28, 2008An article in the New York Times reveals that the recent immigration raid in Postville, Iowa has exposed not only immigration violations, but also violations of child labor laws. This is a rather shocking example of how illegal aliens and their families are exploited in this country...
C Visas For Foreign Nationals In Transit
Posted on July 24, 2008Foreign nationals passing in immediate and continuous transit through the U.S. may apply for the C-1 General Transit visa. In order to satisfy the C-1 requirements, the foreign national must show the following: 1. He or she is in possession of a ticket or other assurance of transportation to a third country; 2...
Errors On Work Permits
Posted on July 23, 2008Have you been issued an Employment Authorization Document (EAD) with a notation “Serves as I-512 Advance Parole”? Please note that EAD cards serve specifically for employment authorization purposes and not for international travel. The foreign national should not travel outside the United States without an approved I-512 Advance Parole...
In Immigration Cases, Employers Feel The Pressure
Posted on July 21, 2008The Washington Post has a very good article today about the increasing effect of immigration enforcement raids on employers. I continue to believe that as more and more middle-level and upper-level managers are arrested, pressure will increase from Big Business for enactment of comprehensive immigration reform...
Candidates Called Upon To Speak Out On Immigration Policies
Posted on July 14, 2008The Dallas Morning News has an enlightened attitude on immigration, especially for a generally conservative newspaper. An editorial today bemoans the presidential candidates' failure to clearly speak out on immigration issues and concludes with these excellent proposals: This newspaper wants a president who pledges to address comprehensive immigration reform – including border security – without delay...
Two Supervisors Are Arrested After Sweep At Meat Plant
Posted on July 10, 2008Earlier this month, in Iowa, two supervisors at a kosher meatpacking plant where hundreds of illegal immigrants were rounded up in May were arrested on criminal immigration charges. I believe this is just the first of many such management arrests to come...
Married To A U.S. Citizen - Permanent Residence Is Not Automatic!
Posted on July 09, 2008A foreign national who legally entered the United States, overstayed the authorized stay, and is married to a U.S. citizen does not derive automatic lawful permanent status. Yet, by filing the appropriate paperwork with the Immigration Service, the foreign national may be eligible to attain immigration benefits and become a lawful permanent resident, even if the foreign national overstayed the visa and is out of status...
Backlog Of Naturalization Applications Continues To Delay Citizenship
Posted on July 08, 2008This has become an old story by now, but as we get nearer to the November election (will it ever get here?) the story is taking on more urgency. USCIS is not able to process citizenship applications quickly enough, and as a result there is a very good chance that thousands of would-be U...
Employers Fight Tough Measures On Immigration
Posted on July 07, 2008Today's New York Times has an excellent article about employers fighting tougher immigration laws. This is presenting a dilemma for certain politicians who want to appear tough on immigration but soft on big business. Most lawyers who are involved with immigration saw this impasse coming long ago —you just can't have it both ways...
Will Illegal Immigration Situation Solve Itself?
Posted on July 07, 2008An article in the Dallas Morning News points out that more and more illegal immigrants are returning to their home countries because of the worsening U.S. economy. The jobs are not as plentiful and the pay is not as good as a couple of years ago. Of course increased enforcement of workplace immigration laws has contributed to the exodus, as has a growing sense among immigrants that U...
Check Your FOIA Status Requests Online
Posted on July 02, 2008Individuals seeking access to their immigration records may do so by filling out a Freedom of Information Act (FOIA) request. The requests are handled under the provisions of FOIA 5 U.S.C § 552 and usually take around a year so before the documents are copied and sent back to the individual...
More Than 160 Arrested In Houston Immigration Raid
Posted on June 26, 2008An immigration raid in Houston yesterday netted more than 160 immigrants, many of whom will be deported. Here are details in excerpts from a story in the Dallas Morning News: More than 160 suspected illegal immigrants working in a hot, cluttered rag factory were detained Wednesday in one of the largest immigration raids in Houston in nearly two years...
Texas Farms Are Suffering From A Labor Crisis
Posted on June 23, 2008The Dallas Morning News has an interesting op-ed piece today, written by the owner of a large Texas produce company. The gist is that many farmers are having to cut back on their production, or change the types of crops they grow, because of a shortage in farm laborers...
July 2008 Visa Bulletin Released
Posted on June 10, 2008The U.S. Department of State has released the July 2008 Visa Bulletin. Just click the link to view the bulletin.
President Bush Orders Contractors To Verify Immigration Status Of Employees
Posted on June 09, 2008The Associated Press is reporting that President Bush has signed an executive order requiring contractors and others who do business with the federal government to verify that their employees are working in the United States legallyThe order says federal departments and agencies must require contractors to use an electronic system to verify that the workers are eligible to work in the U...
The Great Immigration Panic - New York Times Editorial
Posted on June 04, 2008The New York Times this week ran a wonderfully direct and provocative editorial about the shameful way our country treats immigrants, and about the cowardice of today's politicians. I encourage you to read the entire editorial. Here are some brief excerpts: Someday, the country will recognize the true cost of its war on illegal immigration...
Immigration Raid Spurs Calls For Action Against Employers
Posted on June 01, 2008The Houston Chronicle ran a thought-provoking article today titled Immigration raid spurs calls for action against employers. The point of the article is that if the government was serious about workplace enforcement, they would arrest officers and management, not just workers...
Federal Judge Strikes Down Farmer's Branch Rental Ban
Posted on May 28, 2008The Associated Press is reporting this afternoon that U.S. District Judge Sam A. Lindsay has declared the Farmer's Branch rental ban (aimed at illegal immigrants) is unconstitutional. Here are excerpts: In his decision Wednesday, the judge concluded Farmers Branch didn't defer to the federal government in immigration matters...
Corruption Hits The Ranks Of The U.S. Border Patrol
Posted on May 27, 2008A disappointing and disturbing article has been published by the New York Times concerning corruption within the Border Patrol. Fortunately, the vast majority of those serving our country in the Border Patrol are honest, hard-working people. But as the Patrol expands rapidly, there seems to be an alarming increase in the number of "bad apples" in the agency...
Wall Street Journal Slams E-Verify Program
Posted on May 25, 2008The Wall Street Journal ran an editorial a few days ago that I'm just getting around to reading. The subject is employment-related illegal immigration, and specifically the government's E-Verify program. The Journal takes the very sensible position that the whole system is pretty much stupid...
Texas Group Sues To Stop Construction Of Border Fence
Posted on May 19, 2008As reported in the Dallas Morning News, a group of Texas cities and business groups has sued the Department of Homeland Security to stop the construction of a fence along the border with Mexico. Here are excerpts: The Texas Border Coalition, which includes the mayors of Eagle Pass, Brownsville, El Paso, Laredo and Hidalgo, filed the suit in federal court in Washington on Friday, asking a judge to block construction of 70 miles of border fences and walls in the Rio Grande Valley...
June Visa Bulletin
Posted on May 18, 2008The June Visa Bulletin has been released by the State Department. Here are the details: Visa BulletinNumber 119Volume VIIIWashington, D.C.VISA BULLETIN FOR JUNE 2008A. STATUTORY NUMBERS1. This bulletin summarizes the availability of immigrant numbers during June...
New Standards Govern International Adoptions In 75 Countries
Posted on May 15, 2008Attorney Eugenia Ponce has written an important article for Texas Lawyer newspaper regarding the new rules governing international adoptions under the Hague Convention.
Errors On I-94 Cards
Posted on May 15, 2008Have you been issued an I-94 card with 9 or 10 digits? Then a replacement card is needed. An I-94 card should have eleven digits. If you are a foreign national with an error on your I-94 card -- including a misspelled name, incorrect date of birth, incorrect visa classification, incorrect authorized period of stay -- please report in person to the nearest Customs and Border Protection (CBP) deferred inspection office or port of entry, regardless of where the original I-94 was issued...
ICE Raid At Iowa Meat Packing Plant Today
Posted on May 12, 2008The Des Moines Register is reporting today that U.S. Immigrations and Customs Enforcement (ICE) has made the largest raid in Iowa history at a meat packing plant in Postville, Iowa. Here are excerpts: Postville, Ia. – At least 300 people were arrested today at the Agriprocessors, Inc...
Proposed Changes For TN Visa Professional Workers
Posted on May 08, 2008Foreign nationals of Canada and Mexico seeking a temporary entry into theU.S. as professionals may enter as TN non-immigrants under the NorthAmerican Free Trade Agreement (NAFTA). Under the TN visa, Canadian orMexican citizens must enter as professionals who have a minimum of abachelor's degree or appropriate professional credentials...
Hispanic Population Continues To Increase
Posted on May 01, 2008As reported in today's Dallas Morning News, the growth of the Latino population in the United States and in Texas is continuing at a rapid pace. Here are excerpts: The percentage of Hispanics in Texas and the nation grew again last year, continuing a trend that has endured throughout the decade, new statistics show...
Tancredo Is Just Joking, Right?
Posted on April 29, 2008I don't know if his plan is to keep other citizens of Texas out of Brownsville or to keep Brownsville residents out of the rest of Texas, but Congressman Tom Tancredo made a very strange statement in Brownsville yesterday. Here's the story from the Channel 5 TV station in Weslaco: BROWNSVILLE - A Colorado Congressman is under fire this morning for making a controversial statement to some Brownsville landowners...
Positive Changes For F-1 Students With "STEM" Degrees
Posted on April 28, 2008An optional practical training (OPT) authorizes F-1 students to receive up to 12 months of practical training either before or after completion of their studies. On April 8, 2008, an interim final rule was issued stating that certain F-1 students will be eligible to receive a 17-month extension following the completion of their OPT...
Visa Bulletin Contains Some Good News
Posted on April 21, 2008The government has released the May 2008 Visa Bulletin, and there are some bits of good news in it. EB2 categories for Mexico and for the Philippines are still current (we always worry about backsliding). India's cutoff date advanced a month, as did the date for China, to January 1, 2004...
Immigration Agents Arrest Nearly 300 At Pilgrim's Pride Plants
Posted on April 17, 2008The Dallas Morning News reports today that immigration agents raided several companies across the country, and arrested quite a few people for identity theft. Especially hard-hit was a Pilgrim's Pride plant in East Texas. Here are excerpts from the story: Federal immigration officials on Wednesday arrested more than 280 workers employed at Pilgrim's Pride poultry plants in five states, including Texas, on suspicion of committing identity theft...
International Adoptions And Hague Convention Countries
Posted on April 15, 2008International adoptions are back in the headlines again, and it is not because a celebrity has adopted another international child. On April 1, 2008, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention) became effective with respect to the United States...
Article Lists The 28 Laws Waived To Build Hidalgo County Border Fence
Posted on April 15, 2008The Dallas Morning News today reports that 28 separate federal laws or regulations were waived in order for Homeland Security to build the Texas-Mexico border fence. It looks like the waivers will be appealed to the Supreme Court. Here are exerpts: The U...
H-1B Applicants Face Less Than 50% Chance Of Approval
Posted on April 10, 2008According to figures released today by USCIS, there were 163,000 applications filed for the 65,000 available H-1B visas. So if most of the applicants are actually qualified, each applicant has less than a 50-50 chance of being chosen in the lottery drawing...
Violence Against Border Agents Up 47% In Past Six Months
Posted on April 09, 2008Here's a troubling bit of news from today's Dallas Morning News: Violence against U.S. Border Patrol agents is up 47 percent for the first six months of the fiscal year, as surveillance toughens along the 2,000-mile stretch of U.S.-Mexico border, David Aguilar, the nation's top Border Patrol official, said Tuesday...
Border Fence May Cause Demise Of Two Texas Nature Preserves
Posted on April 07, 2008I posted recently about the Bush administration getting a waiver to bypass environmental regulations so work could proceed on the Texas-Mexico border fence. The Dallas Morning News published an article yesterday about two wildlife preserves that may disappear if the border fence is built...
Bush Administration To Bypass Laws To Build Border Fence
Posted on April 02, 2008Well, this is one way to do it. I've written a lot on this blog about the resistance Texas landowners are showing toward the building of a new fence along the Texas-Mexico border. Now comes word today that the Bush administration will plow ahead with the fence regardless of any opposition by landowners, by laws, or by regulations...
Some Immigrants Picked Up In ICE Raid Sent Back To Mexico
Posted on April 01, 2008This is a follow-up on the last post about the immigration raid on security guards in Dallas. According to the Dallas Morning News: Twenty-nine of 49 people picked up in a weekend Immigration and Customs Enforcement sweep targeting illegal immigrants who were working as state-licensed security guards have been sent back to Mexico, officials said Monday...
Immigration Agents Arrest 49 During Raids Of Dallas Night Clubs
Posted on March 31, 2008The Dallas Morning News reports today that U.S. Immigration and Customs Enforcement raided more than two dozen mostly Latino night clubs, restaurants, pool halls and other businesses Saturday night, arresting 49 undocumented immigrants employed as security guards...
California Car Washes Use Illegal Immigrant Labor Without Paying Their Workers
Posted on March 29, 2008The Los Angeles Times recently ran an interesting story about the abuse of unauthorized immigrants working in car washes in Southern California. Essentially, the immigrants work for tips only, allowing the employers to avoid paying wages or taxes of any type...
Washington Post Proposes Temporary Solution To H-1B Crisis
Posted on March 26, 2008The Washington Post published a good editorial yesterday lamenting the nation's H-1B visa crisis, and proposed an interesting solution. Here are excerpts: April's just around the corner, and that means it's H-1B preparation time once again. H-1Bs, which are visas for skilled foreign workers, are capped at 65,000, with another 20,000 given to foreign alumni of U...
Did Farmers Branch Violate Court Order By Asking About Tenants' Legal Residency?
Posted on March 25, 2008The Dallas suburb of Farmers Branch, entangled in litigation about the city's attempts to regulate illegal immigration at the municipal level, may have made an inadvertent error by asking for the legal status of tenants while enjoined from doing so by a federal court order...
Wall Street Journal Says Eliminate H-1B Visa Cap
Posted on March 23, 2008The Wall Street Journal published an interesting editorial a few days ago about the need for increasing the number of H-1B visas allowable each year. Here are excerpts: Bill Gates appeared before Congress again last week to make a simple point to simpler pols: The ridiculously low annual cap on H-1B visas for foreign professionals is undermining the ability of U...
Latinos Seek Citizenship In Time For Voting
Posted on March 23, 2008According to a New York Times article, a lawsuit filed this month in a federal court in New York by Latino immigrants seeks to force immigration authorities to complete hundreds of thousands of stalled naturalization petitions in time for the new citizens to vote in November...
Movie Discusses Immigration, Focuses On Love
Posted on March 19, 2008This is the first-ever movie review in this blog, and probably the last, but a new movie got such a good review today in the Dallas Morning News that I wanted to mention it.Under The Same Moon is directed by Patricia Riggen. Here are excerpts from the Dallas Morning News article: Anti-immigration talk bubbles to the surface in election years and burbles from the mouth of Lou Dobbs seemingly every minute...
Spouses Of Deceased U.S. Citizens
Posted on March 12, 2008A spouse of a deceased US citizen may file a petition on his/her behalf and qualify as an immediate relative. Certain eligibility requirements must be met before filing the petition: The widow was married to the US citizen for at least two years;The deceased spouse must have been a US citizen at the time of death;The US citizen and widower were not separated at the time of the citizen's death;The widow has not remarried at the time of filing...
Naturalization And Marriage To A U.S. Citizen
Posted on February 29, 2008Generally, Lawful Permanent Residents (LPR’s) may be eligible for naturalization upon meeting the naturalization criteria. In order to qualify, an individual must satisfy the following: 1. Must be an LPR; 2. Must be over 18 years of age; 3. After becoming an LPR, must have continuously resided in the U...
Claiming Citizenship
Posted on February 27, 2008Did you know that you may claim citizenship if you are under the age of 18, and either of your parents are U.S. citizens, but you were born abroad? You may apply to the Immigration Service for a certificate of citizenship. In order to be issued a certificate of citizenship the following requirements must be met: 1...
After The War, A New Battle To Become Citizens
Posted on February 24, 2008The New York Times has reported that many members of the U.S. military are seeing their citizenship applications delayed, despite government promises that they would be given expedited treatment. The article is lengthy, and interesting. Here are excerpts: Despite a 2002 promise from President Bush to put citizenship applications for immigrant members of the military on a fast track, some are finding themselves waiting months, or even years, because of bureaucratic backlogs...
Government To Increase Fines For Hiring Illegal Immigrants
Posted on February 22, 2008The Associated Press is reporting today that the government will increase the fines levied against employers who knowingly hire illegal immigrants. The increase will be 25 percent, and is the first incrase in nearly a decade. Excerpt from the article:Immigration and Customs Enforcement, the federal agency responsible for investigating illegal hirings, has stepped up its enforcement of the employer sanctions law in the past year, leading to a dozen major busts...
USCIS Clarifies Criteria To Expedite FBI Name Check
Posted on February 20, 2008Today USCIS issued a press release explaining the recent decision to forego certain aspects of the FBI background checks. Here is the press release:Federal Litigation Removed as Sole Basis to Expedite CheckWASHINGTON – U.S. Citizenship and Immigration Services (USCIS) is no longer routinely requesting the FBI to expedite a name check when the only reason for the request is that a mandamus (or other federal court petition) is filed in the case...
USCIS Clarifies Criteria To Expedite FBI Name Checks
Posted on February 20, 2008Today USCIS issued a press release explaining the recent decision to forego certain aspects of the FBI background checks. Here is the press release:Federal Litigation Removed as Sole Basis to Expedite CheckWASHINGTON – U.S. Citizenship and Immigration Services (USCIS) is no longer routinely requesting the FBI to expedite a name check when the only reason for the request is that a mandamus (or other federal court petition) is filed in the case...
Permanent Residency For Investors
Posted on February 18, 2008An employment-based category is available for an individual who has already invested or plans to invest in a new commercial enterprise employing at least 10 full-time workers. This category allows such an investor to obtain permanent residency within a year...
Phoenix Police Will Ask Arrestees About Immigration Status
Posted on February 16, 2008Phoenix is the latest city to try to do what the federal government refuses to do -- resolve the nation's perceived illegal immigration problems. Phoenix police will now start asking all people arrested in that city whether they are in the U.S. legally...
More About Oklahoma's Immigrant Crackdown
Posted on February 16, 2008The Chicago Tribune ran an interesting article about the effect of Oklahoma's anti-immigrant laws on that state's economy. Obviously there are two points of view to this situation, but this article points out some of the unintended financial consequences for Oklahoma...
Oklahoma's Crackdown On Illegal Immigration
Posted on February 14, 2008The Dallas Morning News today has a very interesting story about Oklahoma's tough anti-illegal-immigrant laws, and how those laws may provide templates for other states to follow. The article also notes several downsides of the tough laws, and emphasizes that while such laws might work in Oklahoma, a state with an estimated 7% Hispanic population, the situation would be much different in Texas, with an estimated 36% Hispanic population...
O Visa - Extraordinary Abilities In Sciences, Arts, Education, Business, Or Athletics
Posted on February 14, 2008The O visa is a temporary visa designed for foreign nationals with extraordinary ability in the sciences, arts, education, business, athletics, or motion picture or television production, which has been demonstrated by sustained national and international achievements...
March Visa Bulletin Is Still Bad News For Indians
Posted on February 13, 2008The March 2008 Visa Bulletin is available at the State Department, but still shows no availability of visas for employment-based second-preference for citizens of India.
Rules Eased To Expedite Green Card Applications
Posted on February 13, 2008The Citizenship and Immigration Services has come up with a means of expediting certain green card applications. While it makes good sense to me, many people are objecting to the new procedure based on national security concerns. In a nutshell, CIS is proposing to approve applications if they have been pending more than six months and are awaiting only the FBI background check...
Dallas County Sheriff Candidates Have Immigration Plans
Posted on February 12, 2008As another result of the federal government's refusal to take any action regrading immigration reform, more and more local jurisdictions are attempting their own solutions -- usually with poor results and unintended consequences. The Dallas Morning News reports today that Republican candidates for County Sheriff are incorporating strict immigration enforcement policies into their campaigns, while Democratic candidates are mostly silent on the issue...
Foreign Farm Workers May Get Pay Cut
Posted on February 08, 2008As reported in the Houston Chronicle yesterday, a proposed regulation from the Labor Department could have the effect of reducing wages paid to legal immigrant farm workers. Here are excerpts from the story:The Labor Department planned Wednesday to propose changes to the foreign agriculture worker program, among them how the base wages for H2-A visa holders are determined...
Go Home To Foreign Country For Two Years Or Apply for A Waiver And Stay In The United States?
Posted on February 07, 2008The Immigration and Nationality Act of 1952, as amended (INA), stipulates that physicians who have entered the United States to undertake a J-1 graduate medical training or education program are uniformly subject to the obligation to return to their home country or country of last residence for a period of two years...
Emergency Travel ? Get An Advance Parole
Posted on February 05, 2008Foreign nationals who do not have a valid immigrant visa and wish to travel multiple times outside the United States will need permission to re-enter the United States. An individual who filed an adjustment of status (AOS) application will need a travel document (advance parole) to re-enter the United States...
Emergency Travel - Get An Advance Parole
Posted on February 05, 2008Foreign nationals who do not have a valid immigrant visa and wish to travel multiple times outside the United States will need permission to re-enter the United States. An individual who filed an adjustment of status (AOS) application will need a travel document (advance parole) to re-enter the United States...
Tougher Laws In Other States Forcing Immigrants To Texas?
Posted on February 04, 2008The Dallas Morning News reports today that tougher anti-immigrant laws in nearby states are encouraging immigrants (legal and illegal) to move to Texas. Depending on your point of view, this is either bad for Texas taxpayers or good for Texas businesses...
Judicial Compromise Ordered In Texas "Border War"
Posted on January 30, 2008Here's the latest update on the "border war" between Texas landowners and the federal government. The government is trying to get access to the private land in order to do surveying in advance of building a border fence or wall that would cut off many landowners from their primary water source - the Rio Grande...
Citizenship Backlog To Curb Latino Vote
Posted on January 29, 2008The Dallas Morning News ran an article today detailing a problem that I and many other interested people have been complaining about for quite some time -- the inexcusable delays in granting citizenship to qualified immigrant applicants. Some of us who are quick to attribute sinister motives to politicians note that a majority of new citizens vote Democratic, and the current administration is Republican...
H-2A Visas - Doing It The Right Way
Posted on January 23, 2008U.S. companies wanting to bring foreign nationals into the United States to perform agricultural labor or services of a temporary or seasonal nature may do so by demonstrating that no U.S. worker is willing, able, qualified, and readily available to perform such service or labor...
Adopting A Foreign Orphan
Posted on January 22, 2008U.S. citizens wishing to adopt an orphan from a foreign country may do so after meeting certain requirements. The child must first meet the definition of orphan. A child, who is under the age of 16, is an orphan due to the death or disappearance, abandonment, separation or loss of both parents, or if only one parent, then the one parent is unable to provide the proper care and in writing irrevocably releases the child for adoption...
Can't Sign Petition To Remove Conditions Jointly? Then You Need A Waiver
Posted on January 21, 2008Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional permanent resident status...
USCIS Application And Receipting Update
Posted on January 20, 2008USCIS has released the latest application and receipting update: USCIS Application and Receipting Update U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed...
Backups Expected At Canadian Border With New Passport Rule
Posted on January 19, 2008An article in the Houston Chronicle and a press release by the Department of Homeland Security both warn of border crossing delays to be caused by the new rules regarding identification requirements, effective January 31, 2008. Congress is wanting to delay the effective date of requiring passports, but Homeland Security Secretary Michael Chertoff is warning against that...
Increased Delays Ahead For Naturalization Applicants
Posted on January 18, 2008Testimony before Congress this week on "Naturalization Delays, Causes, Consequences and Solutions" by Emilio T. Gonzalez, Director of U.S. Citizenship and Immigration Services, contained bad news for applicants. Under the section titled "Where Does this Take Us?" Director Gonzalez said this: This surge will have a serious impact on application processing times for the next couple of years...
K Visas -- Fiancé Visas
Posted on January 17, 2008In this Internet era, individuals are now entering Internet chat rooms and meeting other individuals with similar interests. Often, the two individuals reside on different continents. Internet chatting often leads to more serious and frequent communication, and sometimes a relationship flourishes...
Border Standoff Over Proposed Fence
Posted on January 17, 2008CNN has written about the continuing saga of the Texas-Mexico border fence and the property owners denying the government access to their lands. This article discuss land owned by Eloisa Tamez. Here are excerpts:Michael Chertoff, the Secretary of Homeland Security, said the fence will not be stopped by opponents like Tamez...
Business Visitors -- The B-1 Visa
Posted on January 16, 2008A foreign national who wishes to enter the United States ?on business? must first obtain a B-1 visa from the U.S. Consulate or Embassy in his or her home country. The B-1 visa allows the foreign national to enter the United States temporarily for business...
TN Visas ? For Mexican And Canadian Professionals
Posted on January 15, 2008Citizens of Mexico or Canada may opt for a TN visa instead of being subject to the annual cap of the H-1B visa. The TN visas are similar to the H-1B visas in that the visa is designed for professionals that have attained the requisite education and experience...
Silence In Wake Of Arizona's Immigration Law
Posted on January 14, 2008Conservative columnist Linda Chavez has an interesting opinion piece in today's Dallas Morning News. She writes about the recently-passed immigration enforcement law in Arizona and reflects that the lack of use of the law indicates that citizens of Arizona understand they are better off with illegal immigrants than without them...
Employment-Based Visas For Outstanding Researchers
Posted on January 14, 2008A U.S employer (typically a university or hospital) that desires to employ a professor or researcher who is ?outstanding? in an academic field may file an employment-based petition. To qualify as a ?priority worker - outstanding professor or researcher,? an individual must meet each of the following evidentiary requirements set out in 8 CFR §204...
How Do Legal Immigrants Get Social Security Numbers?
Posted on January 12, 2008This information is excerpted from the U.S. government's Social Security Administration Web site, and explains to non-citizens how they can legally obtain Social Security numbers. For more detailed information visit the SSA Web site.How do I apply for a Social Security number and card? In general, only noncitizens who have permission to work from the Department of Homeland Security (DHS) can apply for a Social Security number...
Have Your Passports Ready!
Posted on January 11, 2008The following information is available on the Department of State's Web site. Implemented on January 23, 2007, all individuals traveling by air between the United States and Canada, Mexico, Bermuda, and the Caribbean region are required to present a passport or other valid travel document to enter or re-enter the United States...
Indian Professionals: The United States Doesn't Want You
Posted on January 10, 2008From the February 2008 Visa Bulletin comes this sad and disappointing notice:INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME ?UNAVAILABLE? Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months...
USCIS Application And Receipting Update
Posted on January 10, 2008This is the latest information from USCIS about the current filing backlog: U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed...
The U Visa -- For Victims Of Criminal Activity
Posted on January 09, 2008The Victims of Trafficking and Violence Protection Act was passed in 2000 creating the "U" nonimmigrant classification. The U visa is available for undocumented immigrants who have suffered substantial physical or mental abuse as a result of having been a victim of a criminal activity...
Apply Early For H-1B Visas!
Posted on January 08, 2008H-1B visas are work visas that allow foreign nationals to temporarily work in the United States for a U.S. employer. A U.S. employer may petition a foreign national under the H-1B classification that specifically applies to individuals in a "specialty occupation...
USCIS Reaches H-2B Cap For Second Half Of Fiscal Year 2008
Posted on January 07, 2008Unfortunately for those employers who can't find U.S. citizen workers for non-agricultural temporary employment, the government has announced that the quota has already been reached for H-2B workers for the second half of fiscal year 2008. This means that no one else will be allowed to apply for jobs in the United States if the starting date of employment is before October 1, 2008...
For Republicans, Contest's Hallmark Is Immigration
Posted on January 02, 2008The Washington Post reports today on the exceptional prominence of immigration in the campaigns of the Republican presidential hopefuls. Here are excerpts:The imagery of the mailings is designed to pack a wallop: a Mexican flag fluttering above the Stars and Stripes, the Statue of Liberty presiding over a "Welcome Illegal Aliens" doormat, a Social Security card emblazoned with the name "Juan Doe," a U...
2007 Dallas Morning News Texan of the Year: The Illegal Immigrant
Posted on December 30, 2007The Dallas Morning News came up with a surprise today -- the newspaper has named as Texan of the Year for 2007, the "Illegal Immigrant." This followed a long countdown, in which the paper named various Texans who figured prominently in news stories this year...
Religious Workers - R Visa
Posted on December 22, 2007A religious organization in the United States may sponsor an individual from another country who has been a member of a religious denomination for two years immediately preceding the filing of the application. If the appropriate Petition and supporting documentation are submitted, the individual may qualify for a nonimmigrant R visa...
Battered Spouse, Parent, Or Child ? Steps Towards A Successful VAWA Petition
Posted on December 20, 2007A spouse, child or parent who has been subject to extreme cruelty or battery by a U.S. citizen or lawful permanent resident (LPR) spouse or parent may file a Violence Against Women Act (VAWA) self-petition. VAWA petitions are available to the victims of domestic violence and may be either male or female victims...
Immigration Is Number One Concern For Iowa Voters
Posted on December 19, 2007According to an article in today's Washington post, immigration is the number one issue among potential voters in Iowa's Republican caucus next month. I don't doubt the Post's polling, but that is amazing to me. With all our economic woes, a crisis in education, crime in the streets, and ongoing wars in both Iraq and Afghanistan, I don't see how people could put immigration at the top of their list of things to worry about...
USCIS Proposal Would End Some Green Cards
Posted on December 11, 2007From the Brownsville Herald comes a story about a recent USCIS proposal to require holders of old green cards with no expiration dates to turn them in and get a newer version. The stated reason for the proposal is to allow USCIS to get current personal contact information on these green card holders...
Anti-Immigrant Group Ranks Presidential Candidates
Posted on December 10, 2007Thanks to Greg Siskind for pointing out this page of the Web site of the Americans for Better Immigration, an anti-immigrant group. The ABI has rated all the presidential candidates on their positions on immigration reform and enforcement. Of course, many of us strongly disagree with the philosophy of the ABI, but this rating system does let us learn about the candidates' positions and make our judgments accordingly.
Irving, Texas Losing Students Due To Immigration Crackdown?
Posted on December 10, 2007The Dallas Morning News had an interesting story Sunday about the declining student population in Irving, Texas. Speculation is that the decrease, which will cost Irving money in state funding, is due to the city's crackdown on illegal immigrants. As you know, Irving has been reporting to Immigration Services whenever an undocumented alien is stopped for a traffic ticket or for any other criminal offense...
Attention Frequent-Flyer Residents!
Posted on December 07, 2007Generally, a lawful permanent resident (LPR) must have continuous residence in the United States for five years (or 3 years if married to a U.S. citizen) in order to be eligible for citizenship. Continuous residence in the United States does not mean that an LPR cannot leave the country for the entire five years (or three years if married to a USC) in order to qualify for citizenship...
Two New USCIS Training Centers To Open In North Texas
Posted on December 06, 2007The Dallas Morning News reports today that two regional training centers will open in Dallas in January for new employees of U.S. Citizenship and Immigration Services, a government agency swamped by naturalization petitions. Excerpts:The move comes as the agency hires 1,500 additional employees nationwide to deal with a surge in citizenship applications...
One-Third Of Americans Think Illegal Immigrants Should Be Denied Social Services
Posted on December 06, 2007An article in the Los Angeles Times today says that one-third of Americans think that illegal immigrants should be denied basic social services. On the other hand, 60% of Americans are in favor of a path to citizenship for immigrants who are here illegally but have not committed crimes...
Construction To Begin On Border Fence
Posted on December 05, 2007The Dallas Morning News has an article today stating that in 2008 construction will begin on approximately 150 miles of fencing along the Texas-Mexico border. This fence project has been the subject of heated debate in the border communities. The fear is that a fence, which will of course have to be built on the Texas side of the Rio Grande, and not in the river itself, will have both environmental and economic adverse effects on Texas and Texans...
Immigration Humor -- Our Founding Illegals
Posted on December 02, 2007My thanks to Greg Siskind for this very funny video about "Our Founding Illegals." Click the arrow twice to view it.
Don't Forget To Remove Your Conditions!
Posted on November 29, 2007If a foreign national is married less than two years to a U.S. Citizen, the alien spouse may be granted conditional permanent resident status in the United States from the time residency is granted. Is there a difference between permanent residence and conditional permanent residence? No...
Bush Administration Backing Down From Announced Plan To Punish Employers
Posted on November 26, 2007The New York Times is reporting that the Bush administration is backing down from the announced policy of punishing employers who hire illegal immigrants. The proposed rule was to enforce so-called "no match" letters from the Social Security Administration by prosecuting employers who did not fire employees whose Social Security numbers did not match the database of the Social Security Administration...
Holiday Gift Guide For Lawyers
Posted on November 26, 2007My friend Reid Trautz is is the Director of the American Immigration Lawyers Association (AILA) Practice and Professionalism Center, where he provides ethics guidance and practice management information and consulting services to AILA members to help them improve their businesses and the delivery of legal services to their clients...
USCIS Reminds Employers To Start Using New I-9 Form
Posted on November 24, 2007Yesterday, USCIS issued a reminder to employers about the new I-9 form, which must be used beginning December 26, 2007. Here is the text of the reminder: USCIS Reminds Employers to Transition to New Employment Eligibility Verification Form by Dec. 26, 2007 WASHINGTON ?U...
Where Do The Leading Presidential Candidates Stand On Immigration?
Posted on November 23, 2007The other day, someone asked me which presidential candidate would be best, strictly on immigration reform views. Here is a nice little summary from a Reuters news story:DEMOCRATS: New York Sen. Hillary Clinton Supports a guest worker program for immigrants if it does not undermine U...
Hispanic Surnames Break Into Top Ten In United States
Posted on November 17, 2007In an article today, the New York Times reports that a recent U.S. Census Bureau study shows that for the first time ever, two Hispanic surnames have broken into the top ten most common names in the United States. Here are excerpts from the article:Smith remains the most common surname in the United States, according to a new analysis released yesterday by the Census Bureau...
Employer Handbook Now Available For Revised I-9 Form
Posted on November 11, 2007For the first time in 16 years, the Federal Government has made major changes to the mandatory I-9 Immigration Form. All new employees must fill out these forms. The Department of Homeland Security has announced that the new I-9 form to verify new hire eligibility requirements will include changes that better reflect current employment eligibility verification requirements...
The Mexico Trucker Blog
Posted on November 11, 2007I've written before about the perceived problems with relaxed restrictions on Mexican trucks entering the United States and going beyond the previously set mileage boundaries. There's a blog with a great deal of information about this situation and other, related matters...
What Should We Call People Here Without Authorization?
Posted on November 05, 2007There is an exhaustive article at ILW.com about how exactly we should refer to people who are in the United States without proper authorization. The article is definitely worth reading.This is a proposed guideline for the use of the terms "undocumented immigrant," "illegal immigrant," and "illegal alien" on Wikipedia...
Tech Industry Seeks Visa Reform
Posted on October 30, 2007The Dallas Morning News had an interesting article yesterday about the tech industry lobbying to raise the cap on H-1B visas. Here are a few excerpts:High-tech workers here on federal permits are speaking out ? many for the first time ? over rules that leave them for years in personal and professional limbo...
Agreement Reached Regarding Deportations In Irving, Texas
Posted on October 19, 2007The Dallas Morning News reports today that the City of Irving may have come to an agreement with immigration-rights advocates regarding the arrest and deportation of so many illegal aliens in Irving recently. Here are excerpts from the article:Illegal immigrants may be able to avoid being arrested in Irving if they can provide police with a Mexican identification card, a utility bill or a similar document, the city's mayor said Thursday...
Comprehensive Explanation of Irving, Texas Immigration Situation
Posted on October 13, 2007The Dallas Morning News has a very good series of articles today about the immigration situation in Irving, Texas. Irving's "deportation" of a large number of undocumented aliens has been the subject of national discussion. These articles explain both sides of the situation.
Irving Illegal Immigrants' Charges Are Mostly Misdemeanors
Posted on October 11, 2007The Dallas Morning News has a carefully-researched story today breaking down the charges against the illegal immigrants who have been deported from Irving, Texas after being arrested or detained by the Irving police. Surprisingly, only about 9% of the charges were felonies -- the type of charge that would normally cause someone to be deported by USCIS...
Judge Blocks U.S. Illegal Worker Crackdown
Posted on October 10, 2007ABC News is reporting that a federal judge today blocked enforcement of new efforts to crack down on illegal immigrant workers. Here are excerpts of the online article:Judge Charles Breyer of the U.S. District Court for the Northern District of California granted a preliminary injunction against a program that would force employers to verify Social Security numbers and fire workers whose numbers did not match official records...
The Mess Congress Made: Immigration Inaction Is Fueling Irving Panic
Posted on October 09, 2007Congratulations to the Dallas Morning News for an excellent editorial today regarding the immigration mess in this country. Many North Texans are reacting to Irving's crackdown on illegal immigrants by saying: Darn right, they're breaking the law, and it's about time we sent them packing...
Northern California Farmers Worry Fruit Will Rot On Trees
Posted on October 09, 2007Yet another story about the plight of fruit and vegetable farmers in California was posted on the KNTV Web site. Here are excerpts:Farmers in and around Northern California are starting to feel the pinch from tighter border security and visa requirements, NBC11's Daniel Garza reported Monday...
Poll: Spanish Spoken Here -- Two-Thirds Don't Mind
Posted on October 09, 2007ABC had an interesting article online yesterday about the attitude of Americans toward people who speak Spanish. The conclusion of this well-documented article was that approximately 2/3 of Americans don't mind if others speak Spanish around them. More people admit to being prejudiced against Arabs and overweight people than admit to prejudice against Hispanics speaking Spanish...
"Breaking Point" Reached In Farmworker immigration Problem?
Posted on October 08, 2007The blog of the New York Times has an interesting post today about the "breaking point" being reached in the farmworker immigration situation. The bottom line is that farmers are not finding enough workers, due to immigration crackdowns. And while there are still unemployed American citizens, very few of them have any experience in farm work (or are interested in learning)...
Illegal Aliens Might Cause States To Gain Congressional Seats
Posted on October 06, 2007United Press International has an interesting article about the fact that although illegal immigrants cannot vote, they are included in the official U.S. Census. And the census is what determines the number of seats each state has in the House of Representatives...
U.S. Sailor May Have To Leave Service If Wife Is Deported
Posted on October 05, 2007CNN has an interesting article online about a sailor in the U.S. Navy who may have to quit the service because his wife is being threatened with deportation. Here are excerpts:Eduardo Gonzalez, a petty officer second class with the U.S. Navy, is about to be deployed overseas for a third time...
Inter-Country Adoptions
Posted on October 04, 2007More and more frequently these days, we read of U.S. citizens adopting children from foreign countries. There was a story on CNN this morning about Guatemalan adoptions. Here is information from the USCIS Web site about inter-country adoptions:Adopting children from all over the world has steadily increased in the past decade...
Where Are Unauthorized Immigrants Coming From?
Posted on October 04, 2007These figures go along with yesterday's post, and show the country of origin of current unauthorized immigrants. Mexico is by far the leader, with more immigrants than all other countries combined. Statistics from the Department of Homeland Security. country of birth of the Unauthorized Immigrant Population: January 2006 and 2000country of birth Estimated Population in January Percent of total Percent change Average annual change 2006 2000 2006 2000 2000 to 2006 2000 to 2006 All countries 11,550,000 8,460,000 100 100 37 515,000 Mexico 6,570,000 4,680,000 57 55 40 315,000 El Salvador 510,000 430,000 4 5 19 13,333 Guatemala 430,000 290,000 4 3 48 23,333 Philippines 280,000 200,000 2 2 40 13,333 Honduras 280,000 160,000 2 2 75 20,000 India 270,000 120,000 2 1 125 25,000 Korea 250,000 180,000 2 2 39 11,667 Brazil 210,000 100,000 2 1 110 18,333 China 190,000 190,000 2 2 - - Vietnam 160,000 160,000 1 2 - - Other countries 2,410,000 1,950,000 21 23 24 76,667
Finally, A Rational Discussion Of The Criminal Alien Program In Irving
Posted on October 03, 2007My friend René Castilla has written an excellent guest editorial for the Dallas Morning News about the immigration situation in Irving, Texas, his current, and my former, hometown. In fact, this is by far the most rational and logical discussion of the situation that I have seen...
Where Do Illegal Immigrants Live?
Posted on October 03, 2007Here are some interesting statistics from the Department of Homeland Security regarding the states in which illegal immigrants live. California, Texas, and Florida account for almost 50% of all unauthorized immigrants. State of Residence of the Unauthorized Immigrant Population: January 2006 and 2000State of residence Estimated population in January Percent of total Percent change Average annual change 2006 2000 2006 2000 2000 to 2006 2000 to 2006 All states 11,550,000 8,460,000 100 100 37 515,000 California 2,830,000 2,510,000 25 30 13 53,333 Texas 1,640,000 1,090,000 14 13 50 91,667 Florida 980,000 800,000 8 9 23 30,000 Illinois 550,000 440,000 5 5 25 18,333 New York 540,000 540,000 5 6 - - Arizona 500,000 330,000 4 4 52 28,333 Georgia 490,000 220,000 4 3 123 45,000 New Jersey 430,000 350,000 4 4 23 13,333 North Carolina 370,000 260,000 3 3 42 18,333 Washington 280,000 170,000 2 2 65 18,333 Other states 2,950,000 1,750,000 26 21 69 200,000
Judge Orders Further Delay In "No-Match" Implementation
Posted on October 02, 2007The New York Times is reporting today that federal judge Charles R. Breyer has extended for ten more days the tempovary delay in implementing the government's no-match Social Security letter plans. Here are excerpts from the story:The ban further delayed the start of a rule, which establishes steps an employer must follow after receiving a notice from the Social Security Administration, known as a no-match letter, reporting that an employee?s identity information does not match the agency?s records...
Employers Brace For New Immigration Rules
Posted on September 30, 2007The San Luis Obispo Tribune has an excellent article today on the potential impact of the government's new "no match" letters on employers. Here are excerpts: Businesses across San Luis Obispo County are closely watching a federal court decision expected Monday that could lead to greater workplace enforcement of illegal immigration...
Immigration From Iraq Or Afghanistan
Posted on September 29, 2007At Kraft & Associates, we recently had an inquiry from a soldier who had just returned from Iraq. He had promised his Iraqi translator that he would try to help the translator gain entry into the United States. We had to tell this good-hearted military man that the United States has been embarrassingly slow to admit any Iraqi citizens into our country, including those who risked their lives by helping our military...
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Will my Criminal Record prevent me from naturalizing or getting a Green Card?
A Lawful Permanent Resident can apply for United States citizenship after 5 year...
Can someone detained in a search w/ warrant, be charged with a crime related to the search if they were not arrested at the time of the search?
The police have fairly wide discretion on when they can make an arrest so long a...
I live in Sarasota, FL and am appalled at the apartment living conditions in this area. How in the world do they get away with building these apartments with no insulation to keep the noise down between floors (and walls
Talk to your local political representatives to see if you can find somebody sym...
Is there a standard Affidavit form for submission of proof to INS that two people have known married couple since their conditional residence was granted based on marriage?
It is best to write original letters or statements from two of your family frien...
Can I apply for adjustment of immigration status if I am a student studying in the US?
An INS Form I-130 is a "Petition for Alien Relative". This is used to apply for ...
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