Archive for the ‘immigration reform’ Category
RULE MAY ALLOW UNLAWFUL PRESENCE WAIVERS TO BE FILED WITHIN U.S., KEEPING FAMILIES TOGETHER
The USCIS announced a proposal January 6, 2012 that would streamline and humanize the application process for undocumented foreign national spouses and children of U.S. citizens who apply for legal permanent resident status (green card status). The proposed rule does not apply to spouses and children of green card holders (only citizens).
Under the current rules, an undocumented individual who is eligible for green card status must leave the country to apply and process the paperwork. However, once he/she leaves, the person triggers a 3-year or 10-year bar to the U.S. if he/she was unlawfully present in the U.S. for more than 180 days. The processing times abroad for waivers and applications can range from months to years and keep families separated.
If the proposed rule becomes final, undocumented foreign nationals who would trigger a bar upon leaving will be allowed to apply for the waiver from within the U.S. and remain with their families until it is time to process the green card application abroad. Note that applicants would still be required to depart from the U.S. before receiving final approval on their green card application, however the wait abroad will be much shorter.
The government believes that this new rule would encourage applicants to come forward and create a faster and safer means for processing applications. As it stands, many individuals remain under the radar and never apply for status so they do not get separated from their loved ones.
Stay tuned for future posts on this important change to the law.
Tags: family unity, green card, lawful permanent resident, proposed rule, unlawful presence, waiver
Posted in Alerts, Immigrant Visas, immigration reform, Politics/Current Events | Read More »
U.S. IMMIGRATION BILLS INTRODUCED FROM OCTOBER 2011 – DECEMBER 2011
The following is a list of important immigration bills introduced in the U.S. Senate and House between October 2011 and December 2011:
Senate:
1. Families First Immigration Enforcement Act (S. 1949) – provides for safe and humane policies and procedures pertaining to the arrest, detention, and processing of foreign nationals in immigration enforcement operations.
2. STEM Visa Act of 2011 (S. 1986) – amends the Immigration and Nationality Act (INA) to promote innovation, investment and research in the United States.
3. Irish Recognition and Encouragement Act of 2011 – IRE Act (S. 2005) – authorizes the Secretary of State to issue up to 10,500 E-3 temporary work visas per year to Irish nationals.
House:
1. H-2A Improvement Act (H.R. 3232) – includes within the H-2A visa category a foreign national coming temporarily to the U.S. to work as a sheepherder, goat herder, or dairy worker. The bill also exempts an employer from the requirement to show that the position is of a seasonal or temporary nature.
2. Haitian Emergency Life Protection Act of 2011- H.E.L.P. Act (H.R. 3297) – amends the INA with respect to V visa nonimmigrants (spouses/children of a green card holder who come to the U.S. to wait for completion of immigrant visa process) to include certain Haitian nationals whose petition for a family-sponsored immigrant visa was approved on or before January 12, 2010.
3. Foster Children Opportunity Act (H.R. 3333) – requires state plans for foster care and adoption assistance to have procedures to assist foreign national children in the child welfare system to achieve special immigrant juvenile status and green card status before exiting foster care.
4. Visa Improvements to Stimulate International Tourism to the United States of America- VISIT USA (H.R. 3341) – provides qualifying nationals of China (PRC) with a five-year multiple entry/exit visitor visa.
5. Enhanced Border Security Act (H.R. 3401) – directs the Secretary of State to submit to Congress a counterinsurgency strategy to combat the operations of transnational criminal organizations in Mexico.
6. American Growth, Recovery, Empowerment, and Entrepreneurship Act- AGREE Act (H.R. 3476) – amends the INA to eliminate the per country cap for employment-based immigrants and increase the per country cap for family-based immigrants.
7. Religious Worker Visa Reciprocity Act of 2011 (H.R. 3557) – requires the country of origin of certain special immigrant religious workers to extend reciprocal immigration treatment to U.S. nationals.
8. Immigration and Naturalization Investment Ventures for Engineering, Science, and Technology- INVEST in America Act (H.R. 3692) – establishes an entrepreneur-based immigrant category for alien entrepreneurs who have completed or are in the process of completing a degree in science, engineering, math or a technology-related field.
9. Save Our Small and Seasonal Businesses Act of 2011 (H.R. 3718) – prioritizes certain returning workers for purposes of the quotas on H-2B non-agricultural temporary workers.
10. New Illegal Deduction Elimination Act- New IDEA Act (H.R. 3720) – amends the Internal Revenue Code (tax code) of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income.
Tags: Congress, House, immigration reform, Senate
Posted in immigration reform, Politics/Current Events | Read More »
Recent Immigration Bills Introduced
Between August and October 2011, there were many immigration bills introduced in the U.S. House and Senate. The following is a list of highlights:
Senate:
S. 1545 – designates Taiwan as a visa waiver program country
S. 1576 – measures the progress of relief, recovery, reconstruction and development efforts in Haiti following the earthquake of Jan. 12, 2010
House:
HR 2730 – better enables State child welfare agencies to prevent human trafficking of children and serve the needs of children who are victims of human trafficking
HR 2771 – increases to 5 years the period during which a Cuban national must be physically present in the United States in order to qualify for a green card
HR 2831 – amends the Cuban Refugee Adjustment Act to make individuals who return to Cuba after admission or parole into the U.S.
ineligible for a green card
HR 2847 – establishes an H-2C nonimmigrant visa for an alien having residence in a foreign country which he or she has no intention of abandoning and who is coming temporarily (10-month maximum per contract period) to the U.S. to perform agricultural services
HR 2878 – amends the Immigration and Nationality Act (INA) with respect to temporary admission of nonimmigrant aliens for the purpose of receiving medical treatment
HR 2885 – makes mandatory and permanent requirements for use of E-Verify for employment verification
HR 2899 – establishes a reciprocal relationship between the number of visas issued to state-controlled media workers in China and in the U.S.
HR 2952 – provides for expedited removal of certain aliens
HR 2981 – amends the INA to eliminate the 1-year deadline for application for asylum in the United States
HR 3012 – eliminates the per-country numerical limitation for employment-based immigrants, and increases the per-country numerical limitation for family-sponsored immigrants
Tags: House, immigration bills, immigration reform, Senate
Posted in immigration reform, Politics/Current Events | Read More »
DREAM Act Re-Introduced!
Senators Richard Durbin, Harry Reid, and Robert Menendez re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act today. The DREAM Act would address the plight of young immigrants who have grown up in the U.S. after being brought here illegally as small children.
The DREAM Act would offer a path to legal status to those who have graduated from high school, stayed out of trouble, and plan to attend college or serve in the U.S. military for at least two years.
Last year, the DREAM Act passed the House of Representatives but was defeated in the Senate. The sponsors of the DREAM Act hope to build on last year’s momentum and finally see this bill become a reality. Call your senators and ask them to support this legislation!
Tags: Congress, DREAM Act, Harry Reid, House of Representatives, Richard Durbin, Robert Menendez, Senate
Posted in Alerts, immigration reform, Politics/Current Events | Read More »
President Obama Invites Public to Press Congress About Immigration
On May 10, 2011 President Obama invited the public to push Congress for comprehensive immigration reform. Discussing innovation, entrepreneurship, and the American Dream, the President spoke clearly about the urgent need to fix the broken U.S. immigration system. He stated that immigration is a key component of ensuring our success in the 21st century. He also provided a blueprint that offers numerous ideas that would translate into specific legislation and encourages both parties to work in the country’s best interest.
Tags: entrepreneur, immigration reform, Obama
Posted in Alerts, immigration reform, Politics/Current Events | Read More »
Utah Joins Arizona in Passing Harsh Immigration Legislation
On Friday, March 4, 2011, the Utah legislature followed Arizona’s footsteps and passed The Utah Immigration Accountability and Enforcement Act, a draconian law designed to make life so unpleasant for the undocumented that they leave the state. Without Federal immigration reform, states are addressing the issue of illegal immigration on their own and enacting laws that violate the rights of immigrants. Since comprehensive immigration reform will likely not happen any time soon, it appears that right-wing zealots in state legislatures across the country will continue to push these attempts to solve the issue through attrition. As a result, we will in fact end up with the “patchwork” of differing immigration laws throughout the country, as President Obama warned.
Tags: illegal immigrants, undocumented, Utah, Utah Immigration Accountability and Enforcement Act
Posted in immigration reform, Politics/Current Events | Read More »
Senate Ruins DREAM, But Obama Promises Reform
On Saturday, December 18, 2010, the U.S. Senate failed to pass the DREAM Act, one of the most important immigration measures to come before Congress this year.
The DREAM Act would have provided green card status to certain undocumented youth who, as children, were brought to the U.S. If the youth completed high school, demonstrated good moral character, and completed at least two years of higher education or served for at least two years in the U.S. military, they would obtain a green card.
In a 55-41 vote, the Senate has prevented the DREAM from being realized for thousands, if not, millions of Americanized undocumented youth who have known only the U.S. as their home.
President Obama told representatives of the Congressional Hispanic Caucus December 21, 2010 that he is not giving up on the DREAM Act and comprehensive immigration reform. He reiterated his support, pointing out that we can no longer perpetuate a broken immigration system that is not working for our country or our economy. He said that the issue should remain a “top priority” in the next Congress.
Tags: Congressional Hispanic Caucus, DREAM Act, President Obama, Senate
Posted in immigration reform, Politics/Current Events | Read More »
Call Your Senators! They Will Vote on the Dream Act Saturday
Senators are expected to vote on the DREAM Act on Saturday, December 18, 2010. Senate Majority Leader Reid filed cloture for this Act, which is a process aimed at bringing debates to quick end. The Senate will need 60 votes for DREAM Act to move forward.
The DREAM Act would provide lawful permanent residence (i.e. green card status) to certain undocumented youth who, as children, were brought to the U.S. The criteria to qualify include: completing high school; demonstrating good moral character; and completing at least two years of higher education or serving for at least two years in the U.S. military.
We urge you to call your senators today in support of this important Act!
Tags: DREAM Act, Majority Leader Reid, Senate
Posted in Alerts, Immigrant Visas, immigration reform, Politics/Current Events | Read More »
NYC Mayor Michael Bloomberg Calls for Immigration Reform
On Friday evening, December 10, 2010, NYC Mayor Michael Bloomberg made an economic argument for immigration reform to several business professionals at the annual meeting of the Partnership for New York City, a business group. He told his business peers, including media titan Rupert Murdoch (CEO of the News Corporation), that if they care about NYC and their companies, they needed to support his call for comprehensive reform. He pleaded for top business professionals to bring common sense and economic experience to the immigration debate, which he called the most important issue facing this country.
Mr. Bloomberg focused his speech on the fact that talented entrepreneurs are taking their ideas and ambitions to other countries openly willing to host them. Recently, during a speech at the NYC Stock Exchange, he stated that “If we keep the best and the brightest out of this country, all the next big things will happen outside this country… You look at people who say, ‘Oh, no, immigrants are going to kill us,’ and you wonder — they haven’t read history…They don’t understand anything about business. And it’s up to us educate them.”
Mr. Bloomberg has formed a task force of leaders, including mayors and CEO’s, to call for a path to legalization for the millions of illegal immigrants already in the U.S. He has also called for less restrictive green card requirements to allow more educated and highly skilled immigrants to move here.
Tags: immigration reform, Mayor Bloomberg, Partnership for New York City, Rupert Murdoch
Posted in immigration reform, Politics/Current Events | Read More »
DREAM Act to Be Raised During Lame Duck Session
Senator Majority Leader Harry Reid (D-NV) has stated that he will bring up the DREAM Act during the lame duck session. A “lame duck” session occurs post-election when Congress meets after its successor is elected, but before the successor’s term begins. Speaker of the House, Nancy Pelosi, rallied behind Senator Reid, advocating for the DREAM Act introduction during lame duck.
The DREAM Act is an immigration bill that would provide legal status to undocumented teenagers who have been here almost all their life, graduate from high school and pursue college or U.S. military service. In September 2010, Senate Republicans blocked the Defense Authorization Act, which had the DREAM Act as an amendment.
Many immigration advocates believe the lame duck session is the best chance for the DREAM Act to succeed into law since Democrats still have the House and Senate. Stay tuned for updates about this important bill.
Tags: DREAM Act, lame duck, Nancy Pelosi, Senator Reid
Posted in immigration reform, Politics/Current Events | Read More »
