Sunday, January 8, 2012
New Proposed Rule Would Decrease Time Abroad for Many Consular Processing Cases
Wednesday, November 2, 2011
Tancredo Either Dishonest or Completely Uninformed in 9News Debate with Julien Ross
On Tuesday, Will Ripley of 9 News hosted a debate on immigration and border-related issues with former U.S. Representative and Colorado gubernatorial candidate Tom Tancredo and Colorado Immigrant Rights Coalition Director Julien Ross.
Click here to watch a 9 minute clip of the debate.
For one of the loudest participants in our national dialogue on immigration issues, Mr. Tancredo displayed a surprising naïveté and ignorance on critical issues.
In the face of Mr. Ross’s point that 3/5 of the 11 million undocumented people in this country have been here for over a decade and are deeply rooted to their communities, Mr. Tancredo insisted that implementation of E-verify will cause them all to self-deport. Mr. Ross recommended a more comprehensive approach which would require the undocumented population to come out of the shadows and register, pay taxes, pay a fine, go through a background check, and learn English. This would immediately bring this population out of the shadows and allow immigration enforcement authorities to identify and focus on those who have been convicted of violent or dangerous crimes. In combination with an E-verify-type system, the proposals from Mr. Ross and others could be the backbone of a reform that would both deal with the 11 million undocumented people here now while preventing illegal immigration in the future.
Beyond his naïve belief that E-verify by itself will cause 11 million people to self-deport and resolve our immigration issues, Mr. Tancredo demonstrated startling ignorance of the law on his pet issue. At about minute 5:00 of the clip, the conversation turned to the DREAM Act (Development, Relief and Education for Alien Minors). Mr. Ross told the story of a young man named Edgar who was brought to the United States as a seven year old, went to our schools, and then graduated from police academy. Our communities have invested resources in Edgar to educate him and now he is ready to serve his community as a police officer. But Edgar can’t do so because he does not have any documentation. The DREAM Act would allow people like Edgar to obtain a legal status and would allow our society to reap the benefits from these people that we have already invested our resources in.
Mr. Tancredo’s argument against the DREAM Act is that it is a way in which to give amnesty to all of the DREAM Act eligible person’s family members. At minute 6:10, Mr. Tancredo states that the “minute you become a legal resident, you have the ability to apply for that same residency for all of your family.” With Mr. Tancredo’s years of advocacy on immigration issues, he either knows that his statement here is completely untrue but says it anyway to try to advance his agenda or he has been utterly careless in researching an issue on which he holds himself out as an expert. First, DREAM Act students would not immediately become lawful permanent residents but would have to pass through a period of conditional status. Moreover, even when they do eventually become permanent residents, they cannot apply for that same status for all of their families. For instance, a permanent resident from Mexico can file an immigrant petition for his spouse, but under current wait times the spouse would not be able to gain resident status for years. The same would be true for the child of a permanent resident. Under section 1153(a) of Title 8 of the U.S. Code, a permanent resident cannot petition at all for his parents or brothers or sisters. If some day, say in 11 years (six years in conditional status plus five years as lawful permanent resident as required for naturalization), the DREAM Act kid successfully became a naturalized citizen, at that time he could apply for his parents and siblings. Of course, the siblings who were born in Mexico would have to wait for 15-20 more years under current processing times to be able to get their resident status.
The idea that the DREAM Act allows the beneficiary to get amnesty for his entire family “the minute he gets his status” is absurd and can be debunked with a few minutes of research. It’s not immediately clear which would be worse: if Mr. Tancredo knew this and lied about it or if he honestly doesn’t understand and hasn’t researched this issue that he spends so much of his time advocating on.
Kudos to Julien Ross of CIRC for his performance in the debate. As for Tom Tancredo, there are plenty of arguments to be made on different sides of the immigration debate and there is no need for him to make misrepresentations about the facts or the law. If he wants to carry the bullhorn for the anti-immigration reform crowd, he owes it to them research the issues and present the facts honestly.
Friday, October 7, 2011
Napolitano Predicting Record Deportations
Friday, August 26, 2011
First Reported Cases Benefiting from 8/18/11 Obama Administration Announcement
Friday, August 19, 2011
Obama's Amnesty? Not so Fast
Friday, July 22, 2011
Prosecutorial Discretion Memo, What Does It Mean?
The new Morton memo is significant because it clarifies that the actions that can be used to exercise prosecutorial discretion include decisions on whether to:
- Issue or cancel a notice of detainer;
-“Reissue” or “serve” Notices to Appear (NTA); this gives an ICE officer the flexibility to allow a respondent to accrue the necessary continuous residence or continuous physical presence time for LPR and non-LPR cancellation, respectively;
-Settle or dismiss a proceeding; this appears to apply at all stages of a removal proceeding, including federal court appeals.
The memo cites as favorable factors to consider: whether the case falls within agency priorities, whether the person has graduated from a U.S. high school or is in pursuit of higher education, family relationships. Only a few negative factors are listed warranting “particular” consideration, including national security risks, serious felons, repeat offenders, those with lengthy criminal records, gang members, and “egregious” immigration violators.
The memo encourages ICE officers to proactively consider prosecutorial discretion even without being asked to do so.
Only a month after the roll-out of the new Morton memos, it is still to be seen how they will play out in the field. Hopefully they will be used to help ICE keep its focus on its stated goal of deporting serious criminal offenders and dangers to the community while spending less time chasing the deportations of DREAM Act eligible and other non-priority cases.
Monday, May 23, 2011
Denver Immigration Court Overloaded
Thursday, October 21, 2010
Customs and Border Patrol Commissioner Calls for Comprehensive Immigration Reform
In remarks addressed to the Migration Policy Institute, Customs and Border Patrol ("CBP") Commissioner Alan Bersin detailed recent accomplishments and future goals of the agency's enforcement efforts at the border. Refreshingly, he also indicated an understanding that immigration at root is a matter of labor markets and challenged the country to tackle the tough issues in order to enact comprehensive immigration reform. Commissioner Bersin identified three key elements that must be included for successful reform. First, he indicated that the Federal government must continue to take the responsibility to secure the borders. Second, a reform needs to implement responsibility and accountability from employers. Finally, he indicated that those currently here without status must be required to register, admit that they are present in violation of the law, pay a fine and back-taxes, and learn English to get started on the path to citizenship. Commissioner Bersin aptly concluded his remarks with a challenge to Congress to "move past the false debates and start focusing on the long term needs of our nation."
Read the CBP Commissioner's remarks in their entirety here.
Thursday, July 2, 2009
USCIS, FBI ELIMINATE NATIONAL NAME CHECK BACKLOG
To read more about this article, visit www.USCIS.org
KIRBY JOSEPH & JOHN GRIFFIN PUBLISH ARTICLE IN IMMIGRATION & NATIONALITY LAW HANDBOOK
To learn more about Joseph Law Firm, P.C. staff, visit the About Us page on our website: www.ImmigrationIssues.com
JEFF JOSEPH ELECTED TO THE AILA BOARD OF GOVERNORS
JEFF JOSEPH AND KIRBY GAMBLIN JOSEPH SPEAK AT AILA NATIONAL CONFERENCE
DEPARTMENT OF STATE: LIMITED AVAILABILITY FOR VISAS TO THOSE BORN IN INDIA OR CHINA
ATTORNEY GENERAL DOES AWAY WITH COMPEAN ORDER
Wednesday, April 29, 2009
THE CAP HAS NOT BEEN REACHED! USCIS CONTINUES TO ACCEPT H-1B PETITIONS
Contact Joseph Law Firm, P.C. at 303-297-9171 or at www.immigrationissues.com to inquire about the available H1-B visas.
USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master's degree or higher educational exemption cap.
USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
Joseph Law Firm, P.C. Receives Special Recognition from the Colorado Supreme Court
The firm was recognized by the Colorado Supreme Court Pro Bono Service Project. To receive the recognition, Joseph Law Firm, P.C. had to commit to 50 hours of pro bono service for each attorney in the law firm for 2008. This is the second year Joseph Law Firm, P.C. has been recognized for this pro bono service project.
Jeff D. Joseph, Esq. is pictured here with Colorado Supreme Court Justices Alex Martinez, Stephen Bender, Allison Eid and Gregory Hobbs.
DOL ANNOUNCES NEW iCERT PORTAL SYSTEM FOR TEMPORARY AND PERMANENT LABOR CERTIFICATIONS
The Employment and Training Administration (ETA) is announcing a new electronic system for submitting the Labor Condition Application (LCA) and the Application for Permanent Employment Certification.
The Department plans to initially activate the iCERT system for purposes of establishing user accounts and filing the new LCA form (9035E). The system will be located at http://icert.doleta.gov. On and after April 15, 2009, the iCERT portal will be available for the sumission of ETA 9035E (electronic LCA H-1B application). The current electronic LCA system will continue to be available through May 14, 2009. However, effective May 15, 2009, the LCA for the H-1B program will be available for submission only through the iCERT portal system.
The PERM application, FORM ETA 9089, will become available for application submission on September 1, 2009. To allow for an appropriate transition, both systems will be active during the month of September. However, beginning October 1, 2009, PERM applications will be submitted electronically only through iCERT system accounts.
For more information, visit the ETA website for the iCERT Factsheet.
Monday, April 20, 2009
USCIS REMINDS ALL U.S. EMPLOYERS OF REQUIREMENTS TO USE REVISED FORM I-9, EMPLOYMENT ELIGIBILITY VERIFICATION
The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process. Employers may no longer use previous versions of the Form I-9. Click Here to View and Download the Revised Form I-9.
The revised list improves the security and effectiveness of the Form I-9 process. The list specifies that expired documents are no longer acceptable forms of identification or employment authorization. Allowing for expired documents makes it more difficult for employers to verify an employee's identity and employment authorization and compromises the Form I-9 process.
USCIS also updated the Handbook for Employers - Instructions for Completing Form I-9 to reflect the requirements of the revised Form I-9. Employers who do not have computer access can order Forms I-9 by calling our toll-free forms line at 1-800-870-3676. USCIS forms and information on immigration laws, regulations, and procedures can also be requested by calling the National Customer Service Center toll-free at 1-800-375-5283.
For more information about this update, visit the USCIS website at: www.USCIS.gov
OBAMA TO PUSH IMMIGRATION BILL AS ONE PRIORITY
Mr. Obama plans to speak publicly about the issue in May, administration officials said, and over the summer he will convene working groups, including lawmakers from both parties and a range of immigration groups, to begin discussing possible legislation for as early as this fall.
He said then that comprehensive immigration legislation, including a plan to make legal status possible for an estimated 12 million illegal immigrants, would be a priority in his first year in office. Latino voters turned out strongly for Mr. Obama in the election.
To read more about this story visit the New York Times Website at: www.NYTimes.com