Archive for the ‘Politics/Current Events’ 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 »
Governor Jerry Brown Signs CA Bill Blocking E-Verify Mandates
Governor Brown has signed into law Bill 1236, the Employment Acceleration Act of 2011, which states that CA cities, counties and special districts cannot require an employer (other than a government agency) to use E-Verify to obtain a CA government contract or business license. The law also prohibits cities, counties and districts from requiring E-Verify as a penalty for violating licensing or other similar laws.
As stated in prior posts, E-Verify is a Federal program that allows employers and businesses to check the work authorization of their employees online for purposes of completing the Form I-9, Employment Eligibility Vertification. CA employers are still free to voluntarily participate in E-Verify or do so as required for Federal contracts.
Tags: Bill 1236, E-verify, Employment Acceleration Act of 2011, Federal contracts, Governor Brown
Posted in Alerts, Politics/Current Events | Read More »
Utah Passes Immigration Bills Known As The “Utah Solution”
Following in Arizona’s footsteps, Utah Governor, Gary R. Herbert has signed into law immigration bills known as the Utah Solution. The bills establish a guest worker program for undocumented workers and their families, allowing members to live and work in Utah. They also prohibit employers from knowingly hiring unauthorized workers and require most employers to participate in E-Verify. Like the recent Arizona legislation, the bills establish enforcement measures that require officers to verify the immigration status of individuals stopped under various circumstances.
Tags: Arizona, Gary Herbert, Governor Herbert, immigration bills, Utah Solution
Posted in Alerts, Politics/Current Events | Read More »
U.S. Supreme Court Upholds the Arizona Legal Workers Act
On Thursday, May 26, 2011, the U.S. Supreme Court upheld the Arizona Legal Workers Act, which threatens to revoke the business licenses of companies in Arizona that knowingly hire unauthorized immigrants. The law also forces Arizona businesses to participate in the “voluntary” pilot program known as E-Verify.
E-Verify is a Congressional pilot program that allows employers to check employee identity and employment authorization documents against Department of Homeland Security and Social Security databases. Participants are required to have an agreement with the Federal government and adhere to strict I-9 (employment verification) practices. To date, the program has only been mandatory for companies engaged in Federal contracts and subcontracts. However, Arizona’s law requires ALL employers to participate.
Justice Sonia Sotomayor dissented in the decision, stating that the law “subjects employers to a patchwork of enforcement schemes similar to the one that Congress sought to displace when it enacted IRCA [Immigration Reform and Control Act of 1986].”
Tags: Arizona Legal Workers Act, E-verify, Justice Sotomayor, U.S Supreme Court
Posted in Alerts, 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 »
President Obama Allocates Up To $15 Million To Help Libyan Refugees
On March 7, 2011, President Obama stated in a memorandum that it is important to the national interest to furnish assistance under the Migration and Refugee Assistance Act of 1962 to Libyan refugees fleeing the current violence. The President allocated up to $15 million from the U.S. Emergency Refugee and Migration Assistance Fund for this purpose. The money may be used in the form of contributions to international, governmental, and nongovernmental organizations, as well as for payment of administrative expenses of the Bureau of Population, Refugees, and Migration within the Department of State.
Tags: Libya, migration, President Obama, refugee
Posted in 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 »
