Showing posts with label immigrantion policy. Show all posts
Showing posts with label immigrantion policy. Show all posts

Sunday, January 8, 2012

New Proposed Rule Would Decrease Time Abroad for Many Consular Processing Cases

On Friday, Alejandro Mayorkas, the director of United States Citizenship and Immigration Services, announced a proposed rule which could help thousands of families seeking to legalize the immigration status of one of their members.

Currently, if a person present in the United States entered the country without being inspected, she must leave the country in order to gain lawful permanent resident status based on the petition of a spouse or other immediate family member. As soon as they leave the United States, their previous unlawful presence triggers a 3 or 10 year bar to their return. So when they are abroad in their home country, they must file for and obtain a waiver of their unlawful presence bars before they can return. In order to obtain the waiver, they must establish that their absence from the United States is causing "extreme hardship" to their qualifying family members in the United States who are U.S. citizens or lawful permanent residents.

The problem is that the adjudication process for these waivers can sometimes take a year or longer. So at a minimum, the families face a long period of separation while trying to become legal. And of course, there is no guarantee that the waiver will be approved after the long adjudication.

If implemented, the new proposed process would allow those seeking to legalize their status through consular processing to submit their waiver applications for pre-approval before leaving the United States. While such applicants would still have to leave the United States to receive their status, the new process would have the potential to drastically decrease the time that they are abroad away from their citizen spouses and families.

As of now, the new rule is just a proposal and has not been implemented. There is no date certain for implementation. Also, it appears that the new pre-approval process would only be available for the waiver of unlawful presence bars. Those who also need waivers for bars triggered by criminal convictions or past fraud would have to continue to follow the old process where their waivers are submitted and adjudicated abroad.



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

On October 5, 2011, Department of Homeland Security (DHS) Secretary Jane Napolitano wrote an Op-Ed piece for Politico about the enforcement of immigration laws.

Secretary Napolitano sought to respond to critics of immigration policy from both sides. In the editorial, she predicted that next year DHS will break records with the number of deportations from the United States but explained that "while the overall number of individuals removed will exceed prior years, the composition of that number will consist of more convicted criminals, recent border crossers and repeat immigration law violators than ever before."

The administration's focus on prioritizing which individuals should be deported with limited resources makes sense. However, her prediction that DHS will break records for deportations next year calls into questions the hope for those low-priority individuals who seek prosecutorial discretion. Rather, it seems more likely that DHS will see that "record" number of deportations for the coming year as a mandate from above or a quota. Unfortunately, the data can be easily massaged to make it look like DHS has really sharpened its focus on high-priority aliens. By lumping all criminal offenses together, DHS can crow about the removal of criminal aliens. Secretary Napolitano stated in her Op-Ed that "50 percent of immigrants removed from our country had been convicted of a criminal offense."

Such statistics don't delve into what percentage were deported for drug offenses or violent offenses and what percentage were deported after being pulled over for having a tail light out and then convicted of driving without a license because their international driver's license is only good for a short period here in the United States.

All crimes are not the same and we should remember this for the coming year when DHS produces statistics of record deportations of "criminal aliens."

Friday, August 26, 2011

First Reported Cases Benefiting from 8/18/11 Obama Administration Announcement

Scattered reports in the media have indicated that the August 18, 2011 announcement by the Obama Administration may be starting to have some effect.

CNN reports that an Arizona attorney was contacted by Department of Homeland Security (DHS) officials and told that she should request that her case be dismissed. The Huffington Post reports that two teenage men in Georgia have also had their deportation cases closed under the new policy.

Despite these reports of what seems to be an implementation of the August 18 announcement, it is important to recognize that the announcement is not an amnesty and does not grant anyone legal status. There is no new application that can be filed or that a person can sign up for. The announcement does not create any new way to file for a work permit either. The American Immigration Lawyers Association (AILA) put out a consumer advisory warning that there is no sure way to know whether one's case would be safely considered "low priority" under the new announcement and no sure way to know that a particular "low priority" case won't be prosecuted anyway.

While it will be interesting to see if these sporadic reports turn into a general trend of closing cases deemed "low priority" by DHS, for the time being there seems to be little change on the ground.

To read the CNN article, click here;
For the Huffington Post article, click here;
To review the AILA consumer advisory, click here.

Friday, August 19, 2011

Obama's Amnesty? Not so Fast

The Obama Administration announced on Thursday that it will make a case-by-case review of some 300,000 immigrants facing possible deportation in immigration courts around the country. The stated goal of the review is to focus on removing convicted criminals who might pose a threat to national security or public safety.

The Thursday announcement follows a June memo from the director of Immigration and Customs Enforcement (ICE), John Morton, outlining when and how ICE agents could use prosecutorial discretion in immigration cases.

Administration officials, to this point speaking anonymously, have indicated that those whose deportations are put on hold may be eligible for work authorization. Whether this would come in the form of an order of deferred action or some other way is unclear.

In fact, much of how this new policy will play out on the ground remains unclear. We know that it does not give anyone a new path to lawful permanent resident status. As of yet, there is no known way to affirmatively apply to have one's case put on hold or to apply for work authorization based on the new policy.

How this new policy unfolds will depend on how DHS officers and attorneys implement it. Which immigrants actually end up benefiting from this new policy is still far from clear.

Friday, July 22, 2011

Prosecutorial Discretion Memo, What Does It Mean?

On June 17, 2011, John Morton, Director of Immigration and Customs Enforcement (ICE), issued two memos encouraging the expanded use of prosecutorial discretion by ICE officers, agents, and attorneys in all phases of civil immigration enforcement.

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.



For the Morton Memo, click here.

For an excellent detailed advisory by Mary Kenney for American Immigration Council, click here.

Monday, May 23, 2011

Denver Immigration Court Overloaded

An article in Sunday's Denver Post documents the overwhelming caseload at the Immigration Court in Denver, Colorado. According to the article, two of Denver's immigration judges have as many as 2,400 pending cases each at any given time.

Judge Dana Leigh Marks, president of the National Associate of Immigration Judges, is quoted as saying that the necessarily rushed nature of the proceedings with such an inundation of cases is akin to trying death penalty cases in a traffic court setting.

With the enactment of Secure Communities and other programs designed to sweep more and more people into removal proceedings, the court's caseload seems likely to get worse. In the midst of the current budget struggles, it is difficult to envision Congress passing funding for more immigration judges and court staff to ensure due process and meaningful hearings in immigration court.

To read the article in the Denver Post, click here.

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

U.S. Citizenship and Immigration Services (USCIS) announced that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program (NNCP) backlog."Our close partnership with the FBI has resulted in the accomplishment of this significant achievement with national security as its foundation," said USCIS Acting Deputy Director Michael Aytes. "This continued working relationship will help to ensure that name check processing is accomplished as quickly as possible without compromising security concerns."The final goal of the business plan was to achieve a sustainable performance level by the NNCP of completing 98 percent of name check requests submitted by USCIS within 30 days, and the remaining two percent within 90 days. In the majority of instances, however, the completion of a backlogged FBI name check has resulted in a "no record response." As a result, USCIS has been able to resume normal processing of most cases which most often ends in a final determination of eligibility. Next steps in the adjudication of cases that were previously delayed as a result a pending FBI name check request may now include updating fingerprint results, scheduling interviews, requesting additional evidence and other reviews to determine whether the applicant is eligible for the requested immigration benefit.

To read more about this article, visit www.USCIS.org

KIRBY JOSEPH & JOHN GRIFFIN PUBLISH ARTICLE IN IMMIGRATION & NATIONALITY LAW HANDBOOK

Joseph Law Firm, P.C. Managing Partner Kirby Joseph and Office Manager John Griffin had their article entitled "The Immigration Law Firm Stimulus Package: Diversifying Your Practice and Increasing Law Firm Profitability Through Effective Billing Procedures" published in the 2009-2010 edition of the 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

In June 2009, Jeff D. Joseph, Esq. was elected to the American Immigration Lawyers Association (AILA) National Board of Governors for a three-year term. AILA is the National Bar Association for Immigration Attorneys and consists of 11,000 members. The Board of Governors is the governing body of the organization and Jeff Joseph is one of 21 elected directors.

JEFF JOSEPH AND KIRBY GAMBLIN JOSEPH SPEAK AT AILA NATIONAL CONFERENCE

Jeff Joseph gave a speech at the 2009 Annual AILA Conference in Las Vegas entitled "Thinking Outside the Bureaucratic Box: Using the Federal Court to Challenge Unlawful AgencyAction." This speech was also published in the AILA Conference Handbook.Kirby Gamblin Joseph also spoke at the 2009 Annual AILA Conference in Las Vegas on Law Practice Management. Her speech was entitled "Its your Business: Managing Success in a Changing World.

DEPARTMENT OF STATE: LIMITED AVAILABILITY FOR VISAS TO THOSE BORN IN INDIA OR CHINA

Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). EB1 and EB2 Visas for China and India remain in high demand, while EB3 visas for China and India will be unavailable for the rest of the year.

ATTORNEY GENERAL DOES AWAY WITH COMPEAN ORDER

The Attorney General Eric Holder vacated the order issued in Matter of Compean by Attorney General Mukasey, and announced his intention to initiate a new rulemaking proceeding for regulations to govern claims of ineffective assistance of counsel in removal proceedings. The order in Matter of Compean limited non-citizen's ability to make claims of ineffective assistance of counsel in immigration proceedings.

Wednesday, April 29, 2009

THE CAP HAS NOT BEEN REACHED! USCIS CONTINUES TO ACCEPT H-1B PETITIONS

There are still a number of H1-B Visas available, but you will need to file now!
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

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect on April 9th, 2009 for all U.S. employers. The revision date is printed on the lower right-hand corner of the form.

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


While acknowledging that the recession makes the political battle more difficult, President Obama plans to begin addressing the country's immigration system this year, including looking for a path for illegal immigrants to become legal, a senior administration official said on Wednesday. Mr. Obama will frame the new effort - likely to rouse passions on all sides of the highly divisive issue - as "policy reform that controls immigration and makes it an orderly system," said the official, Cecilia Muñoz, deputy assistant to the president and director of intergovernmental affairs in the White House.

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