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September 28, 2009

Ask immigration a question?

I have a client who asked immigration a question prior to hiring me. Here is their response, I have not edited it except for the name of the client and the post.;

Dear XXXXXXXX:

Please be advised that the Form I-130 confers no legal status to your wife. Therefore, assuming that it is approved, the approval will not allow her to remain in the US beyond the initially authorized 6 months. If she wishes to adjust status, then she would need20to file the I-485. During the pendency of the Form I-485, your wife will not accrue unlawful presence despite the fact that her authorized stay in the US as a nonimmigrant visa has expired. Likewise, if she files a timely, non-frivolous I-539 to extend her nonimmigrant visa stay, she also would not accrue unlawful presence during the pendency of the I-539 so long as she does not engage in any unauthorized employment. Even if she is approved to extend her nonimmigrant stay, there is no guarantee that she would be granted an extension until the Form I-130 is approved.

The decision regarding whether it is more prudent to file a Form I-539 or I-485 is difficult to answer. You may wish to ascertain if she qualifies to submit the Form I-485 while the I-130 is pending. If so, then the Form I-539 may not be necessary. You should also be aware that since she entered the US with a pending I-130, the Form I-485 adjudicator may find that she had a preconceived intent to immigrate to the U.S; therefore misrepresented her true immigration intent when she entered the US as a non-immigrant and deny the Form I-485. Assuming that she did not apply to extend her nonimmigrant stay or she was denied h er request to extend stay, then she would need to timely depart the U.S. before she begins accruing unlaw ful presence and/or deported from the U.S. If she is found have misrepresented her intent to a US government official, deported, and/or accrued unlawful presence of more than 180 days, then she may be found inadmissible into the US.

These matters are very complicated. Since we are unable to provide you legal advice, we recommend that you contact an immigration attorney for more comprehensive information on your wife’s case.

Regards
USCIS XXXXXXXX Duty Officer

Posted by VisaLawyer at 09:45 AM | Comments (0)

September 23, 2009

Whoa, what an interview

Posted 09/22/09 at 07:30am

Boehner Interview Shows That GOP Still Doesn’t Get It

"Over the weekend, House Minority Leader John Boehner (R-OH) appeared for the first time on Univision’s Al Punto – the Spanish language equivalent of Meet the Press. His interview followed President Obama.

So what did Boehner have to say?

When asked whether he would “consider” supporting legalization of the undocumented workforce, Boehner said:

We’re a nation of laws, and enforcing the law has to be the first step in this process. There is a way to allow [undocumented immigrants] to continue to work in the United States for a temporary period of time. And if they want to become citizens, they need to do what everybody else in the world does, and that’s apply for their home countries.

Translation:

There should be ramped up enforcement, presumably the kind that is terrifying and dividing immigrant families already, followed by some sort of a temporary work permit, presumably with second class labor, civil, and political rights. Then, these workers should leave the country to get in line to apply for permanent resident status, despite the fact that the entire viewing audience knows that the primary cause of illegal immigration is that there simply is no “line” to get into, whether in the country of origin or here in the United States.

Mr. Boehner’s too-clever-by-half sound-bite – enforcement-first, followed by guest worker status, followed by the chance to go home to get in a non-existent line – is rightly understood in the immigrant community as the ridiculous “report-to-deport” scheme first popularized by the likes of Senator John Cornyn (R-TX) and Jon Kyl (R-AZ) in 2005.

And then, when asked why Republicans saw their share of the Latino vote drop from 44% in 2004 to 31% in 2008, Boehner blamed unnamed candidates and the “overall political environment.” He went on to stress the reasons he thinks the Republican Party is a “great home for Hispanics,” emphasizing family values, limited government, and school choice.

Translation:

Please ignore the fact that the GOP has spent many years and many millions of dollars demonizing immigrants in an effort to mobilize base voters and appeal to white swing voters. Dear Latinos, please understand that your alienation from the Republican Party is due to bad candidates and bad weather, not the statements and policy positions of a Party that wants to deny citizenship opportunities to your loved ones and deport as many of them as possible.

According to Frank Sharry, Executive Director of America’s Voice:

If this is the best the Republican Party has to offer to Latino immigrant voters, perhaps Mr. Boehner and his colleagues in Republican leadership should stay close to Fox News and away from Spanish language television. The fact that the House Republicans’ top leader went on a popular political affairs show watched by millions of Latino immigrant voters and recommended a stronger crackdown, second-class treatment, and what amounts to self-deportation shows that the GOP leadership just doesn’t get it.

Meanwhile, appearing on Al Punto before Minority Leader Boehner, President Obama recommitted to making comprehensive immigration reform a reality:

I am not backing off one minute from getting this done, but let's face it, I've had a few things to do. We had an economic crisis that almost saw a financial meltdown. Health care has taken longer than I would have liked, but it's a big, tough issue. Immigration reform is gonna be tough as well, but I think we can get it done.

Latino voters will be watching to see if President Obama delivers on his promise and makes a determined effort to enact comprehensive immigration reform that includes a means for undocumented immigrants get legal, pay their taxes, and get in line to work towards citizenship. Until the Republican Party offers up more than the back of the hand to Latino immigrant families, the question for Democrats will not be whether Latino voters turn to Republicans in the next election, but whether they turn away from Democrats for failing to move forward on reform and stay home.".

By Paco Fabian

http://www.americasvoiceonline.org/blog/entry/boehner_interview_reveals_that_gop_still_doesnt_get_it/

Posted by VisaLawyer at 07:30 AM | Comments (0)

September 09, 2009

Stay of removal

This article show how difficult it is to halt deportations under immigration law. Last year we managed to obtain 2 of the 311 stay granted nationwide. This is a sad comment as thousands of families are divide under the "rule of law".

Boston.com

Case by case, activists fight deportations
Immigrant students benefiting from blitz

By Maria Sacchetti, Globe Staff | September 7, 2009

A few months ago, Herta Llusho was just another college student. Then the government ordered her deported, and Llusho became an Internet celebrity almost overnight.
An army of supporters - including more than 2,800 Facebook fans, and counting - quickly launched a campaign on her behalf, and the 20-year-old immigrant from Albania recently won a three-month reprieve to remain in the United States. Now, she has become so popular that a stranger in Michigan recently spotted her in a restaurant and said, “Hey, you’re the girl that they’ve been talking about.’’

The bespectacled honor student is the third young person in the past few weeks to successfully delay deportation amid extraordinary public campaigns that combined grass-roots organizing with online social networking. Frustrated by the failure to pass federal legislation called the Dream Act that would allow illegal immigrants brought here before they were 15 to apply for legal residency, advocates are pushing to halt their deportations, one by one.
“It’s not just working because we’re getting lucky,’’ said Carlos Saavedra, lead organizer of the Student Immigrant Movement in Massachusetts, who has joined Facebook pages and sent faxes and e-mails to support the immigrants. “Those faxes mean power, and we’re getting the right message out.’’

Critics, while sympathetic to immigrants who were brought here as children, say immigration officials are caving to public support and failing to enforce immigration laws. One critic said the immigrants are being used as “political pawns’’ to push for a broader amnesty for 12 million illegal immigrants in the United States. An estimated 65,000 illegal immigrants graduate from high school in this country every year.
“It’s very wrong to try to use such anecdotes to appeal to the American citizenry that has a large concern about illegal immigration,’’ said William Gheen, president of Americans for Legal Immigration, or Alipac.us, an Internet-based organization with 25,000 members who favor reduced immigration. “Americans are being told that we’re at fault. We are not at fault. We’re not the ones that brought them here.’’

In the past few weeks, immigration field office directors in three states have granted delays of deportations to two college students and one recent graduate. Immigrants can fight deportation in a variety of ways, but in these cases they are appealing directly to Immigration and Customs Enforcement, the federal agency in charge of detaining and deporting immigrants.

ICE, as the agency is known, has the discretion to grant “deferrals,’’ which are stays of deportation, based largely on humanitarian grounds. Deferrals can last days, or years, and vary in outcomes: Some immigrants end up applying for legal residency while others are deported, said ICE spokeswoman Gillian Brigham.
Deferrals remain rare, and usually follow an outpouring of community support, from US representatives, teachers, friends, classmates, and clergy. Last year only 311 people of all ages won deferrals; so far this year 356 have been granted, said Brigham. She said ICE evaluates each case individually and would not comment on specific cases because of privacy laws.

Posted by VisaLawyer at 06:51 AM | Comments (0)

September 08, 2009

Give comment to USCIS

Go to http://www.homelandsecuritydialogue.org/dialogue2/ideas

there you can enter comments on the USCIS website about how they can improve. This is an unexpected opportunity to engage them in dialogue.

Very few people have commented thus far.

Posted by VisaLawyer at 10:01 AM | Comments (0)

September 02, 2009

NEW AMERICANS IN THE PEACH AND VOLUNTEER STATES:

Immigrants, Latinos, and Asians are an Economic Powerhouse in Georgia and Tennessee, September 2, 2009

Washington D.C. - The Immigration Policy Center has compiled research which shows that immigrants, Latinos, and Asians are an integral part of Georgia's and Tennessee's economies and tax bases and are a growing share of voters in each state. As workers, taxpayers, consumers, and entrepreneurs, immigrants and their children are an economic powerhouse. As voters, they are a growing political force. As these states work towards economic recovery, immigrants and their children will continue to play a key role in shaping and growing their economic and political landscape.

Highlights from Georgia include:

* Immigrants make up about 9.1% of Georgia's total population, and a third of them are naturalized citizens who are eligible to vote.

* The purchasing power of Georgia's Latinos and Asians totaled $24 billion in 2008.

* If all unauthorized immigrants were removed from Georgia, the state would lose $21.3 billion in expenditures, $9.5 billion in economic output, and about 132,000 jobs.

Highlights from Tennessee include:

* Immigrants make up 4.1% of Tennessee's total population, and a third of them are naturalized citizens who are eligible to vote.

* The purchasing power of Tennessee's Latinos and Asians totaled $7.8 billion in 2008.

* If all unauthorized immigrants were removed from Tennessee, the state would lose $3.8 billion in expenditures, $1.7 billion in economic output, and about 26,000 jobs.

There is no denying the contributions immigrants, Latinos, and Asians make and the important role they play in Georgia and Tennessee's political and economic future. For more data on the contributions of immigrants, Latinos, and Asians to these state's economic futures, view the IPC fact sheets in their entirety.

* New Americans in the Peach State (Georgia)
* New Americans in the Volunteer State (Tennessee)
At http://www.immigrationpolicy.org/images/File/factcheck/New%20Americans%20in%20the%20Volunteer%20State%202009.pdf

Posted by VisaLawyer at 01:14 PM | Comments (0)