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USCIS Received an Unprecedented Number of H-1B Petitions for FY 2016

admin — Tue, 14 Apr 2015 17:55:23 +0000

On April 13, 2015, USCIS announced that it had received 233,000 H-1B petitions for Fiscal Year 2016 – the largest ever received in advance of a fiscal year – which reached the statutory cap for both the 65,000 H-1B visa numbers in the general-cap category, and the advanced degree exemption of 20,000 H-1B visa numbers. It received a total of 124,000 H-1B petitions in advance of FY 2015.

USCIS conducted a computer-generated random process to select the 65,000 general cap petitions and the 20,000 advanced degree exemption, and on April 13, 2015, selected all petitions for each group. The agency will return to petitioning employers those petitions not selected. USCIS has since announced that the it will begin premium processing the selected H-1B cases who have selected that service on April 27, 2015. It will continue to accept and process H-1B petitions for H-1B workers who have previously been counted against the H-1B cap.

Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration lawyer, visit http://www.rabinowitzrabinowitz.com.

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USCIS Reaches H-1B Cap on April 7, 2015 for FY2016: Delivery Glitches Frustrate Many Employers

admin — Tue, 07 Apr 2015 21:31:51 +0000

In bad news for U.S. employers seeking needed, high skilled foreign talent, USCIS announced on April 7, 2015 that it had enough H-1B petitions on hand to reach the annual advanced degree cap of 20,000 H-1B visa numbers, and the annual general cap of 65,000 H-1B visa numbers for the fiscal year beginning October 1. It will shortly conduct a random selection of those petitions on hand to determine which cases will be chosen for an October 1 start date. Making matters worse, delivery services mishandled numerous H-1B petition filings resulting in delayed delivery or damaged delivery of H-1B petition filings. USCIS issued guidance to affected employers on how to proceed only the day before, April 6, 2015, leaving little time for affected employers to act.

USCIS will use a lottery to decide which cases it will select. It will reject and later return all cases not chosen, including filing fees. USCIS has not announced when it will conduct the “H-1B lottery” nor the total number of petitions it has received since it began accepting H-1B filings on April 1 for the fiscal year beginning on October 1. During the last fiscal year, USCIS received more than 124,000 H-1B petitions.

U.S. employers were further frustrated this year by news that trusted delivery services either delayed or damaged numerous H-1B filings. Many employers learned too late of the delivery fiasco and USCIS provided instructions on how to withdraw the first and re-submit another H-1B petition the day before the cap was reached, which was too late for many employers whose cases arrived late or damaged to timely withdraw and re-file.

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USCIS Announces a 72 Hour Trial Test of a Web Based Application to Replace a Green Card

admin — Wed, 12 Nov 2014 23:52:21 +0000

Starting on November 12, 2014, USCIS will begin a trial test of expanding its on line electronic immigration system, known as USCIS ELIS, to include an application to replace a Permanent Resident Card commonly known as a green card. During the 3 day test period, an applicant can submit his or her application on line, pay the required fee, and upload the needed evidence, all as part of a single transaction. USCIS will process and formally adjudicate any such applications submitted through USCIS ELIS during the limited introduction. Applicants can obtain case status information through USCIS ELIS and be able to provide USCIS with feedback.

After the trial period ends, USCIS intends to implement an application to replace a Permanent Resident Card through the USCIS ELIS portal in early 2015.

Rabinowitz & Rabinowitz, PC. is a Dallas immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.

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USCIS Reports on November 2014 EB-5 Processing Times

admin — Wed, 12 Nov 2014 16:58:18 +0000

In its November 10, 2014 Processing Time Information, USCIS reports processing initial EB-5 investor immigrant petitions within 14.3 months of filing. For EB-5 investors seeking to remove conditions on their residence, USCIS reports a 6.8 months adjudication time frame from filing date, and for new regional center applications, USCIS reports a 8.5 month adjudication time frame from filing. Compared to the October, 2014 USCIS EB-5 report, initial EB-5 investors have about a month longer to wait, investors seeking to remove conditions have about a month less to wait, and initial regional center applicants have a few weeks longer to wait for case adjudication.

Rabinowitz & Rabinowitz, PC. is a business immigration firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration attorney, visit http://www.rabinowitzrabinowitz.com.

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China and the U.S. Agree to Lengthen Visitor and Student Visa Validity Periods

admin — Tue, 11 Nov 2014 20:09:09 +0000

The U.S. Department of State announced that beginning November 12, 2014, the United States and the People’s Republic of China will increase the validity period for business, tourist, student and exchange visitor visas issued to each other’s citizens. Eligible PRC applicants can receive a multiple entry business or tourist B visa valid up to 10 years. Similarly, eligible PRC students and exchange visitors in F, M or J classifications can be issued multiple entry F. M or J visas valid up to 5 years. Eligible U.S. citizens can receive similar visas with similar visa validity periods for temporary entry into PRC.

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India EB-2 Visa Numbers Expected to Retrogress

admin — Fri, 12 Sep 2014 23:48:59 +0000

The October, 2014 Visa Bulletin advises that the current high level of EB-2 demand from India could push back Indian EB-2 priority dates from its current May 1, 2009, to early 2005. In fact, this retrogression could occur as early as November, 2014, reflecting the large number of filings in behalf of Indian EB-3s who sought a re-filling as an EB-2 to shorten the wait for visa availability. Eligible Indian EB-2s are urged to file for adjustment of status before the end of October, 2014 while visa numbers remain available.

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U.S. Consular Posts in Canada Limit Visa Applications from Non-Canadians

admin — Thu, 05 Jun 2014 13:51:01 +0000

On June 3, 2014. the Department of State has advised that it will severely limit the number of visa applications from non-Canadians, referred to as Third Country Nationals or TCNs, who may want to apply for nonimmigrant visas at any U.S. consular post in Canada. The Department cited heavy case load during the peak demand months of June, July, and August as its reason for the restriction, and encourages TCNs who may otherwise wish to apply for a visa in Canada, to apply in their home country. Emergency TCN cases may still request to be scheduled, at each post’s discretion. Non-peak processing may resume in October and November.

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USCIS H-1B Premium Processing to Begin April 28, 2014

admin — Mon, 21 Apr 2014 23:05:47 +0000

On April 28, 2014, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for H-1B petitions subject to the fiscal year 2015 cap, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher. USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time.

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White House Announces Employment Authorization Forthcoming for H-4 Spouses

admin — Wed, 09 Apr 2014 19:45:42 +0000

White House Announces Employment Authorization to be Available for H-4 Spouses

In a press release issued by the White House, the Department of Homeland Security will soon issued regulations permitting employment authorization for H-4 spouses. This is welcome news for many high skilled workers in the U.S. We shall report on the details once the regulations are promulgated.

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H-1B Cap Reached on April 7, 2014 for FY 2015

admin — Mon, 07 Apr 2014 20:13:23 +0000

On April 7, 2014, USCIS announced the receipt of more than the statutory cap of 20,000 advanced degree exemption H-1B petitions and of the 65,000 H-1B petitions. It will perform a random selection process to determine which cases are accepted for the coming fiscal year. All cap subject H-1B petitions received after April 7, 2014 will be rejected.

USCIS will conduct its random selection of the advanced degree exemption H-1B petitions first and those not selected will be added to the pool of petitions to be considered for the 65,000 H-1B petition limit. Because of the volume of received H-1B petitions, USCIS has not announced when it will conduct the selection process.

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U.S. Consulate General in Toronto to Require E Visa Applicants to E-Mail Applications

admin — Tue, 18 Feb 2014 02:27:04 +0000

Effective March 1, 2014, the U.S. Consulate General in Toronto will move to an electronic filing of E visa comprehensive packages in advance of an interview. The post announced the change on February 10, 2014 and requests that the visa packages arrive at least 2 weeks in advance of the interview appointment date. The submissions are to be in .pdf format and no longer than 35 double sided or 70 single sided pages. The Consulate already uses an online appointment service for treaty trader (E-1) and treaty investor (E-2) visa applicants and these enhancements are part of the post’s efforts at greater convenience and efficiency for E visa applicants.

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USCIS States that Time Spent in H-4 Status Does Not Count Towards Future Time in H-2 or H-3 Status

admin — Mon, 18 Nov 2013 17:48:03 +0000

In a Policy Memorandum dated November 11, 2013, USCIS has stated that time spent in the U.S. in H-4 status does not count against future time limits in H-2 or H-3 status.

As background, a foreign national spouse in the U.S. in H-4 status is authorized to stay in the U.S. only so long as the principal alien. There are time limits on most nonimmigrant stays in the U.S. If the foreign national dependent spouse later seeks to be re-classified as a principal alien in certain non-immigrant classifications, the question remains whether previous time in dependent H-4 status will count against future time limits as a principal alien. In December, 2006, USCIS determined that time in H-4 status spent by a spouse of an H-1B nonimmigrant does not count toward future time limits if the dependent spouse seeks to become a principal alien in H-1B status, nor does time spent by a spouse in L-2 status count against future time limits if the dependent spouse seeks to become a principal alien in L-1 status. USCIS had been silent about whether the same rule applied to H-4 status if the dependent spouse seeks to become a principal alien in H-2 or H-3 status.

Now USCIS has supplemented and extended its policy to include future time H-2 and H-3 status. USCIS states that these changes are appropriate because they are consistent with overall statutory authority and because they promote family unity, resulting in a harmonious application of law. Thus, a foreign national spouse in the U.S. in H-4 status eligible to be granted H-2 or H-3 status, can remain in the U.S. for the maximum time permitted by each respective classification without subtracting time previously spent in H-4 status.

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House Republican Plan on CIR: Proceed Slowly Until Other Events Consume Bandwidth

admin — Tue, 10 Sep 2013 01:38:04 +0000

Despite the optimism of Senate passage of S.744 in June, 2013, as of early September 2013, time seems to be running out for House action and passage of comprehensive immigration reform this year. Since June, the House has refused to take up and S.744 has insisted that it will draft its own immigration reform measures and pass it provided a majority Republicans alone support it. This “go slow” approach embraces House conservative and Tea party concerns that any comprehensive immigration bill contain even tougher enforcement provisions than those in the Senate bill, and removes eligibility for those in the U.S. without status to become permanent residents – a prerequisite for U.S. citizenship. With that as a strategy, other events will now foreseeably gobble House time and focus. The issue of U.S. military action in Syria, the looming debt ceiling, and the fiscal year 2014 budget may consume the House’s focus until November, leaving only that month before the December Christmas break. And next year is midterm elections in the House where concern for being re-elected trumps real debate and action on the always divisive issue of immigration.

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Paperless I-94 Processing: Some Bumps Along the Road

admin — Mon, 12 Aug 2013 21:32:29 +0000

Since U.S. Customs and Border Protection (“CBP”) began its paperless I-94 processing for air and sea travelers several months ago, foreign nationals have reported some problems with the new system. Because it is a major change with many other federal and state agencies used to seeing a paper I-94 for their own purposes, it is advisable for foreign nationals to examine and print out a copy of their electronic I-94 upon admission. It is available at the CBP website. A number of foreign nationals’ have reported being unable to locate their electronic I-94, which alone is discomforting. Other foreign nationals have found that their name has been misspelled, or the incorrect class of admission or length of admission have been recorded, issues which would otherwise go undetected but for a direct examination of their electronic I-94 record. Printing out a copy is beneficial even if everything is correct for one’s own records.

Should there be an issue requiring correction, a foreign national can take the I-94 printout and other documentation to the nearest CBP Deferred Inspection office for resolution. Finally, despite CBP’s efforts to advise all state departments of motor vehicles of the paperless I-94 process, some offices still expect to see an I-94 as part of issuance of a state drivers license to a foreign national traveler.

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BIA Holds Same Sex Marriage Valid for Immigration Purposes if Valid Under State Law

admin — Thu, 18 Jul 2013 17:37:12 +0000

In its decision dated July 17, 2013 in Matter of Zeleniak, the Board of Immigration Appeals, the appellate body reviewing USCIS decision on immigrant visa petitions, held that the Defensive of Marriage Act (” DOMA”) is no longer an impediment to approving a same sex marriage immigrant visa petition, provided the marriage is valid in the state where the marriage took place. In Zeleniak, the same sex marriage was celebrated in Vermont which recognizes same sex marriage. While Zeleniak was pending, the U.S. Supreme Court held Section 3 of DOMA unconstitutional. That section had defined marriage for federal purposes as a legal union only between a man and a woman. The BIA remanded Zeleniak for a determination regarding the bona fides of the marriage, the last inquiry prior to petition approval.

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Senate Passes Comprehensive Immigration Reform: House Fate Uncertain

admin — Fri, 28 Jun 2013 13:52:30 +0000

By a vote of 68-32, on June 27, 2013, the Senate passed the massive comprehensive immigration reform bill S.744, amended just last week to include beefed up border security and enforcement provisions, which brought total of 14 Republicans on board in addition to all Democrats. The bill now faces an uncertain future in the Republican controlled House. Representatives in the House want to introduce their own immigration legislation, and many outspoken critics of the Senate bill want to see immigration reform taken up in stages, with enforcement being the sole first step. The House will begin consideration of immigration-related legislation after the July 4th break.

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Paperless I-94 Processing Goes Into Effect

admin — Fri, 17 May 2013 20:28:49 +0000

Starting April 30, 2013, the United States Customs and Border Protection agency has begun providing foreign national travelers to the United States with a passport stamp and making available an electronic record of admission instead of providing each foreign national with a paper I-94 as evidence of lawful admission. The paperless I-94 process is for foreign national travelers arriving by air and sea. While there is no legal requirement for foreign national to print out a paper form I-94 record, there are several good reasons to do so.

First, a traveler can check admission class and validity period to see that they match the CBP passport stamp and annotation. Second, having an I-94 paper printout can assist a foreign national in obtaining a state driver’s license as well as in obtaining a U.S. Social Security number. Finally, an employment authorized foreign national can furnish an I-94 printout to an employer in completing Form I-9 Employment Eligibility Verification. Foreign nationals can go online to www.cbp.gov/i94 and print out their I-94 record.

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GAO Report Spotlights TSA Complaint Processes

admin — Fri, 18 Jan 2013 16:55:47 +0000

The Transportation Security Administration has complaints about its own complaint system.

The U.S. Government Accountability Office (GAO) issued a report on November 29, 2012 detailing the shortcomings of the Transportation Security Administration’s (TSA) complaint processes and recommended improvements.

In testimony before the Subcommittee on Aviation, Committee on Transportation and Infrastructure of the House of Representatives, Stephen M. Lord, Director of Homeland Security and Justice Issues for the GAO, outlined the findings of the November report assessing the TSA’s efforts to improve the collection and analysis of the thousands of customer complaints the agency receives each year.

The first of the report’s four key findings concerned the receiving and analysis of complaints. While the TSA has various mechanisms for receiving customer complaints, the report found that the TSA lacks an agency-wide policy and consistent processes for receiving and mining complaints for data to inform management about their nature and extent. Airport-level TSA staff have discretion in how they implement processes to receive and record complaints.

The GAO recommended the TSA establish an agency-wide policy for receiving and reporting complaints and implement a process to compile and analyze complaints received via all complaint mechanisms. The Department of Homeland Security (DHS) responded by saying it concurred with the GAO’s recommendations.

Next, the GAO report found that the TSA has several methods of informing travelers of the various ways in which they may submit feedback and issue complaints, but lacks an agency-wide policy to ensure the consistent use of these methods at airports. For example, the agency has developed comment cards and related signage for display at security checkpoints informing customers of feedback and complaint methods, but only two of the six airports visited by GAO officials openly displayed the comment cards. Another two had them available upon request, and the last two had no comment cards available. The GAO recommended that the TSA establish a consistent policy for informing travelers about complaint processes and establish methods for identifying best practices in this regard among airport-level staff. The DHS concurred with the recommendations.

The third key finding was that processes established by the TSA for the resolution of complaints do not conform to independence standards developed to ensure fairness and impartiality.

“Specifically,” the report says, “TSA airport officials responsible for resolving air passenger complaints are generally in the same chain of command as TSA airport staff who are the subjects of the complaints.”

Although the TSA has an Ombudsman Division, it is tasked primarily with handling internal personnel matters, not complaints from air passengers. According to the report, the TSA is in the process of developing and implementing a process by which air passenger complaints are referred directly to the Ombudsman Division.

Finally, the report covered the TSA’s recent efforts to focus its screening resources on high-risk passengers and “improve the passenger experience” at security checkpoints with its Pre✓TM program. Pre✓TM is an expedited screening process whereby pre-vetted trusted travelers can enjoy a streamlined pre-flight screening process. The TSA introduced the program in 2012 and is rapidly expanding it to additional airports nationwide. In 2013, the GAO will assess the TSA’s progress in implementing the Pre✓TM program.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com

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North Carolina Company Settles Discrimination Charges with Justice Department

admin — Thu, 17 Jan 2013 16:55:22 +0000

A company recently found itself in trouble after not accurately assessing the legal status of its employees.

Business owners must balance carefully verifying new hires’ work eligibility with improperly terminating or disqualifying individuals who are work eligible, in compliance with federal law. A North Carolina company learned this lesson the hard way. The U.S. Department of Justice (DOJ) announced on November 29, 2012 that it had reached a settlement with Salisbury, N.C.-based Gamewell Mechanical Inc. resolving claims of discrimination in the termination of three of the company’s employees.

Gamewell, a subsidiary of Woodfin Heating, Inc. which fabricates and installs heating and air conditioning systems, fired the employees after incorrectly assuming that they were undocumented foreign nationals. The three were actually U.S. citizens.

Managers at Gamewell were acting on information that six of its other employees were undocumented foreign nationals. They believed that the three U.S. citizens were likewise unauthorized to work in the U.S. and terminated them. One of the three employees complained and as a result of the DOJ investigation which followed, federal investigators charged the company with violations of the anti-discrimination provision of the Immigration and Nationality Act.

The provision prohibits employers from discriminating against any individual in the hiring, or the discharging of the individual from employment because of such individual’s national origin, or in some cases, such individual’s citizenship status.

The terms of the settlement require Gamewell Mechanical to pay the fired workers $10,560 in back pay and pay civil penalties amounting to $9,600 to the U.S. government. The company must also educate its human resources employees on their responsibility to avoid discrimination when verifying the employment eligibility of prospective employees. Gamewell will be subject to reporting and compliance monitoring by the DOJ for a period of 18 months.

“The anti-discrimination provision protects work-authorized individuals from being treated differently in employment based on discriminatory assumptions about their status, said Thomas E. Perez, Assistant Attorney General for the DOJ’s Civil Rights Division. “The Civil Rights Division is fully committed to vigorously enforcing the law.”

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CBP Discusses Required Documents for 2012 Holiday Season Travel

admin — Sun, 23 Dec 2012 02:01:01 +0000

The 2012 holiday season is in full swing, and that means the coming weeks will see an influx of foreign nationals visiting the United States and U.S. citizens returning home from travel abroad. U.S. Customs and Border Protection (CBP) is reminding travelers to be aware of identification requirements to keep the U.S. immigration and customs processing smooth and hassle-free.

Under the Western Hemisphere Travel Initiative (WHTI), all U.S. citizens and residents re-entering the country from Mexico, Canada, the Caribbean or Bermuda, by land or sea, are required to present acceptable identification.

For U.S. citizens age 16 and older, acceptable forms of identification under WHTI include the following: U.S. passports; U.S. passport cards, which are valid for entry into the U.S. by land or sea from Canada, Mexico, the Caribbean or Bermuda, but which are not valid for international air travel; enhanced driver’s licenses, currently issued in Michigan, New York, Vermont, and Washington; and Trusted Traveler Program cards (Global Entry, NEXUS, SENTRI, and FAST).

Children under 16 may present an original or copied birth certificate, a naturalization certificate, or a Canadian citizenship card. Lawful permanent residents may present their permanent residence card.

Frequent travelers may already be familiar with CBP’s popular Global Entry program, which continues to expand and was recently launched at Baltimore Washington International Thurgood Marshall Airport (BWI).

Under this voluntary program, low-risk international travelers who complete a screening process are permitted, upon arrival in the U.S., to bypass standard CBP inspections. Instead, Global Entry members use automated kiosks for expedited clearance.

“Global Entry has proven to be an extraordinarily successful program that has been welcomed by international travelers and applauded by the travel industry,” said CBP Port Director Ricardo Scheller in a statement.

Nearly half a million individuals have enrolled directly in the Global Entry program. Members of other CBP Trusted Traveler programs, such as NEXUS and SENTRI, can also use Global Entry kiosks, but should first check their status online in the Global Online Enrollment System (GOES).

“Global Entry benefits both Customs and Border Protection and the trusted traveler community in that it allows us to better focus our resources and efforts on travelers and goods that we know less about, while expediting trusted travelers through the arrivals experience,” said Scheller.

Applicants must possess a U.S. passport or permanent resident card, pay a $100 application fee, pass a law enforcement background check, and complete an interview with the CBP.

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DHS Issues Report on the U.S. Nonimmigrant Population

admin — Sat, 22 Dec 2012 02:00:49 +0000

The U.S. Department of Homeland Security (DHS) recently issued a report estimating the size and demographic characteristics of the U.S. resident nonimmigrant population. The term resident nonimmigrant refers to foreigner nationals temporarily living in the United States, such as students and temporary workers.

Characteristics analyzed for the report included the admission category, i.e., the purpose of the temporary stay, the foreign national’s citizenship, age, gender, and U.S. state of destination.

Researchers derived the estimates from DHS records of nonimmigrant arrivals and departures for a 12-month period from July 1, 2010 through June 30, 2011.

The population size was estimated in three steps. First, researchers used a number of arrival and departure records to estimate the distribution of lengths of all nonimmigrant visits to the U.S. Next, the expected dates of residency were calculated using arrival records and the visit length distributions from the first step. Expected visit dates falling outside the 12-month period were not counted. Finally, the average daily population size was calculated by adding together the days of expected residence for all visits and dividing that number by 365.

The average daily number of nonimmigrant residents during the 12-month period was approximately 1.9 million. The largest admission category was temporary workers, making up 45 percent of the total, and students, at 38 percent. Exchange visitors accounted for 13 percent, and diplomats and other international representatives made up 5 percent.

Just under half of resident nonimmigrants were citizens of Asian nations, led by India (22 percent), China (9 percent), and South Korea (8 percent). North Americans made up 16 percent of visitors, and Europeans amounted to 14 percent.

Nonimmigrants from India and Mexico were more likely to be temporary workers, while those from China and Korea were disproportionately students.

California was the most popular destination state, accounting for 14 percent of the total. Next were New York (12 percent), Texas (8 percent), Florida (5 percent), and New Jersey (5 percent).

Indians were found to be more likely to go to New Jersey (11 percent), Koreans tended to go to California (21 percent), and disproportionately many Canadians resided in New York (17 percent).

One out of three nonimmigrant residents was under the age of 25, 40 percent were 25-34, and 27 percent were over age 35. Just over half were male, at 55 percent. Disproportionately many males came from India, Canada, and Mexico, while less than half of those from China and Korea were male.

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Homeland Security Issues Annual Report on 2011 Enforcement Efforts

admin — Wed, 31 Oct 2012 02:46:00 +0000

The Office of Immigration Statistics (OIS) of the Department of Homeland Security (DHS) has issued its annual report on immigration enforcement efforts. The report on 2011 efforts covers enforcement actions against hundreds of thousands of foreign nationals. Foreign nationals may be removed from the United States for a variety of reasons including criminal activity and immigration violations.

The main DHS agencies responsible for immigration enforcement are Customs and Border Protection (CBP), which deals with enforcement in or between ports of entry, and Immigration and Customs Enforcement (ICE), which is responsible for interior enforcement.

Key findings of the OIS report include the following:

During 2011, CBP identified 212,000 foreign nationals who were inadmissible to enter the United States.

A total of 642,000 foreign nationals were apprehended by DHS in 2011. Of these, 76 percent were natives of Mexico.

ICE reached an all-time high in apprehending foreign nationals in 2011, with a total of 429,000.

A total of 329,000 foreign nationals were sent back to their home countries by DHS without a removal order.

A total of 392,000 foreign nationals were returned to their home countries by DHS. For those removed, the leading country of origin was Mexico, followed by Guatemala, Honduras and El Salvador.

Thirty-three percent, or 130,000, of all removal orders were accounted for by reinstatements of final orders.

Thirty-one percent, or 123,000, of all removals were accounted for by expedited removals.

ICE reached an all-time high for removal of known criminal aliens, having removed 188,000 in 2011.

There are three dispositions that are the most common for undocumented immigrants found within the United States: returns, expedited removals and reinstatements of final orders.

In the case of returns, a foreign national who may be inadmissible is offered the opportunity to return to his or her home country, while avoiding formal removal proceedings. This often occurs with non-criminal undocumented immigrants who are apprehended at the border. The undocumented person in such a case admits to an illegal entry and waives the right to a hearing.

In the case of expedited removal, DHS officials may order such proceedings if an undocumented immigrant is inadmissible due to lack of documentation or misrepresentation. These immigrants do not generally appear before a judge, but do have the opportunity to seek asylum or claim legal status.

Finally, for undocumented immigrants previously removed from the United States, DHS may reinstate a final removal order, without any hearing or further review of the case.

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OIG Report Identifies Issues With US-VISIT

admin — Tue, 30 Oct 2012 02:45:48 +0000

The Office of the Inspector General (OIG) of the Department of Homeland Security (DHS) has issued a report that identifies issues with the United States Visitor and Immigrant Status Indicator Technology (US-VISIT) program. The program processes and stores biometric data, such as fingerprints and photographs, that are collected from other federal agencies, such as U.S. Customs and Border Protection (CBP). The information collected is provided to other federal agencies and can be used to verify the identities of people entering the United States. The information is provided by several immigration-related agencies, collected and analyzed by US-VISIT, and then supplied to border management, immigration, law enforcement and intelligence agencies in order to identify potential security threats.

According to US-VISIT, each time a visitor passes through a U.S. port of entry, biometric data is checked against a database of 6.4 million known or suspected criminals, terrorists or immigration violators as identified either by U.S. officials or by Interpol. The OIG review has identified problems with the system.

The OIG review uncovered 825,000 instances where one set of fingerprints was associated with more than one set of biographic information. The incorrect information included misspelled names and transposed birth dates as well as completely different names and birth dates. Some of these cases may involve mistakes made at the data collection point, but in other cases, the person involved may have supplied a false name or birth date. Many of these individuals may be attempting to overstay their immigrant or visitor visas. US-VISIT supplies information to Immigration and Customs Enforcement (ICE) in order to apprehend these individuals.

The OIG report acknowledged that the 825,000 data discrepancies – relating to about 375,000 individuals – represent 0.2 percent of the total, but maintained that the total number – hundreds of thousands of discrepancies – made the data significant.

According to the report, most of the discrepancies in biometric data can be accounted for by data entry errors. There were significant examples of individuals supplying false information, such as different names and dates of birth, in an attempt to enter the United States. Many of these individuals attempted to enter the U.S. multiple times using different identities. In one case, the same biometric data was connected to nine different names and birth dates over the course of ten different attempts to enter the U.S.

The OIG recommended that the Director of US-VISIT review cases of data inconsistency and provide information about individuals using false biographic data to law enforcement.

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DHS Issues Report of the Permanent Resident Population for 2011

admin — Fri, 31 Aug 2012 22:32:05 +0000

The Office of Immigration Statistics (OIS) of the U.S. Department of Homeland Security (DHS) has released its population estimate of the number of Legal Permanent Residents, or LPRs, in the United States as of January 1, 2011.

The OIS report addresses “green card” recipients who are persons granted lawful permanent resident status and have the unrestricted right to live and work in the U.S. The LPR data were collected from administrative records of U.S. Citizenship and Immigration Services (USCIS) and are categorized by the residents’ countries of origin, the states they reside in, the years they obtained LPR status and whether such persons are eligible to become naturalized citizens.

The report estimates that a total of 13.1 million LPRs were living in the United States at the beginning of 2011. Fifty-nine percent of the total obtained LPR status between 2000 and 2010. OIS estimated that approximately 8.5 million LPRs were eligible to be naturalized.

The OIS issues reports such as this one to assist the government in assessing the effect of immigration on the country. The numbers are estimates because sources such as the U.S. Census do not count subcategories of non-citizens, such as LPRs, unauthorized immigrants, students and temporary workers.

Between 2010 and 2011, the total LPR population is estimated to have increased by 3.3 percent, while the LPR population eligible to become naturalized citizens increased by 5.7 percent. The increase in the LPR population overall is slow because, although the number of LPRs increase, this is offset by LPRs who become naturalized citizens.

The report also organizes data according to the year that LPR status was achieved. The years 2005 to 2010 account for 43 percent of the total, with 37 percent between 1990 and 2004, and the remaining 20 percent of LPRs having obtained that status before 1990.

The OIS categorizes LPRs by country of birth. Mexico is the leading source of LPRs, accounting for 3.3 million, or 25 percent of the total. The next leading countries of origin were China and the Philippines, which each accounted for 0.6 million LPRs. India and the Dominican Republic were each the countries of origin for 0.5 million LPRs.

The report also provides data regarding the state of residence of LPRs at the time that LPR status was obtained. The leader is California, with 3.4 million LPRs, or 25.9 percent of the total. New York, Texas and Florida were each estimated to have more than 1 million LPRs.

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DHS Issues 2011 Annual Report of Nonimmigrants Admitted to the U.S.

admin — Thu, 30 Aug 2012 22:31:51 +0000

The Office of Immigration Statistics (OIS) of the U.S. Department of Homeland Security (DHS) has released its 2011 Annual Report on Admissions of Nonimmigrants to the United States. The report reveals statistical details of foreign nationals who are admitted to the country for reasons other than immigration, including visitors for business or pleasure, students and temporary workers. The OIS creates the report by compiling data from I-94 arrival records.

According to the report, 159 million nonimmigrants were admitted to the United States in fiscal year 2011. This includes I-94 admissions and two other categories of visitors who are exempt from I-94 requirements: business travelers and tourists from Canada and individuals from Mexico who possess Border Crossing Cards. I-94 admissions were 33 percent of the total, or about 53.1 million nonimmigrants.

Of the I-94 admissions, the top countries of origin were Mexico, Japan and the United Kingdom, with Germany, Canada, France and Brazil also accounting for large numbers of visitors. Temporary visitors for business or pleasure made of the vast majority of I-94 admissions, at 87 percent of the total. Temporary workers made up 6.4 percent, while students accounted for 3.4 percent.

Not surprisingly, the summer months saw the largest number of I-94 admissions, with more than 5 million visitors in each of the vacation months of July and August. The month of December also saw more than 5 million I-94 admissions. Approximately 40.6 million temporary visitors were visiting for pleasure, compared to 5.7 million business travelers.

The report states that of the approximately 2 million temporary workers and trainees admitted in 2011, about 900,000 were professional workers admitted under the terms of the North American Free Trade Agreement (NAFTA). Another nearly 500,000 admissions were from workers in specialty occupations.

Approximately 1.8 million students were admitted, with nearly all of them being academic students. A much smaller number of vocational students and families of students were admitted.

An additional category of I-94 admissions is accounted for by diplomats and representatives of foreign governments or nonprofit organizations and their families. This group made up 377,830 of the I-94 admissions in 2011.

The DHS report also examined the mode of travel employed by nonimmigrant visitors, categorizing them by land and non-land admissions. Non-land admissions totaled 33.9 million, while land admissions accounted for 19.2 million. Visitors from Mexico and Canada accounted for the vast majority of visitors who arrived by land.

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USCIS Grants Temporary Protected Status to Syrians in the U.S.

admin — Thu, 14 Jun 2012 21:26:32 +0000

The U.S. Citizenship and Immigration Service (USCIS) announced on March 29, 2012, that Syrian nationals – and persons without nationality who last habitually resided in Syria – will be eligible for Temporary Protected Status (TPS). The change was made in the wake of the current violence and upheaval in Syria.

The TPS designation for the Syian Arab Republic (Syria) was announced by Secretary of Homeland Security Janet Napolitano, and will remain in effect through September 30, 2013. The designation ends the removal of Syrian nationals from the United States, and makes such persons eligible to apply for employment authorization. There is a 180-day registration period which ends on September 25, 2012.

Syrian nationals wishing to apply for Temporary Protected Status must meet certain eligibility requirements, including demonstrating that they have been continually present and resided in the United States since March 29, 2012. In addition, they must pass a thorough background check. Individuals who pose a threat to national security or who have a criminal background will not be eligible for TPS.

Since the beginning of of 2011, Syria has been wracked by widespread social protest and an often violent crackdown by security forces. The conflict is part of the larger Arab Spring movement, in which multiple Middle Eastern countries have experienced social and political revolutions, with varying degrees of effectiveness, some violent, some less so. In Syria, according to the United Nations, approximately 10,000 people have been killed in the conflict, and tens of thousands have been injured. More than 130,000 Syrian nationals have fled to neighboring countries to escape the violence.

The fighting has been most prominent in Homs, the third-largest city in Syria. Homs emerged as the center of the uprising, and government forces bombarded the city for months, leading to loss of life and destroyed buildings, before U.N. observers moved in.

The head of a U.N. observer mission in Syria has called on President Bashar Assad and the country’s rebels to observe a cease-fire. Major General Robert Mood, a Norwegian, faced an uphill battle, as skirmishes continued to break out throughout the country, and many observers feared the worst: civil war.

As the turmoil in their home country continues, Syrian nationals in the United States will be eligible for TPS granting Syrians in the U.S. With a safe haven for now. There are seven other countries currently designated for TPS: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan and South Sudan.

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DOS Advises on Visa Cutoff for EB-2 Applicants from PRC and India

admin — Wed, 13 Jun 2012 21:23:05 +0000

The State Department has announced the unavailability of EB-2 visa numbers for the balance of fiscal year 2012 for applicants from the People’s Republic of China (PRC), and from India. The prior EB-2 cut off date had been August 15, 2007 for applicants from each of those 2 countries.

Visa unavailability represents a complete exhaustion of visa numbers for the affected countries in the EB-2 category for the current fiscal year. According to the Department of State, there has been high demand for numbers by applicants with priority dates earlier than the August 15, 2007. The Department explained that the demand is primarily based on cases which had originally been filed with the U.S. Citizenship and Immigration Services (“USCIS”) for adjustment of status in the EB-3 category, and are now eligible to be upgraded to EB-2 status. It opined that the potential amount of “upgrade” demand is not currently being reported. Many applicants worldwide in the EB-3 category desire to alleviate their frustration with visa availability delays. Current EB-3 visa wait times can exceed a decade and by obtaining a new labor certification and an approved EB-2 visa petition based on a job offer that requires a masters degree or its equivalent, the applicant can reduce his or her wait by several years.

According to the Department, it was evident that the continued availability of EB-2 numbers for countries other than PRC and India was being jeopardized for the balance of fiscal year 2012 by such high demand, and Department took the necessary step of making the EB-2 numbers for PRC and India “Unavailable” in early April, 2012 for the remainder of FY-2012.

With the start of fiscal year 2013 in October, 2012, EB-2 visa numbers will again be available for PRC and India within the new fiscal year’s annual numerical limitations. The Department reports that it will try to return EB-2 availability for PRC and India to a cut-off date of May 1, 2010, a date which had been reached in April, 2012.
The Department also reports that based on the current rate of demand, it may be need establish an EB-2 cut-off date for all countries other than PRC and India.
Finally, as a measure of the strength of demand in the EB-1 Priority Worker category, the Department advises that in the next few months, EB-1s, presently current worldwide, may also face a cut-off date to limit use within the annual, statutory EB-1 visa allotment.

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President Obama Announces Educational Exchange Initiatives

admin — Tue, 12 Jun 2012 21:22:42 +0000

President Obama has announced an initiative to promote the exchange of higher education students between the United States, and Latin America including the Caribbean. The program’s name, “100,000 Strong in the Americas,” indicates the goal: 100,000 students traveling for study abroad each year, in both directions.

With a desire for increased understanding in the Western Hemisphere and closer people-to-people ties, the White House said that it hopes that the program will help participating governments through these exchanges work together to address common challenges including citizen security, economic opportunity, social inclusion, and environmental sustainability.

The foundation for the academic and research exchanges will be to develop new and existing relationships between institutions of higher education in the United States and in the Americas. Participating institutions will include universities, community colleges, and states. EducationUSA, a U.S. government-supported network of more than 100 advising centers located around the region, will play a leading role in making connections between U.S. institutions of higher learning and students throughout the hemisphere.

The U.S. government is partnering with other governments throughout the Caribbean and Latin America to make scholarships available to students who want to study abroad. Qualified students can gain access to advising and placement services, as well as timely access to information about opportunities for education in the United States and such crucial matters as visas.

The Administration welcomes and expects participation of the private sector. Donations from organizations, businesses and individuals can expand the reach of existing programs or create new avenues for educational opportunities that complement the goals of donors. The U.S. government works in concert with programs such as Gilman, Fulbright and the Global Undergraduate Exchange, to allow the private sector to help increase the number of exchange students or enhance their opportunities.

Brazil has emerged as a key partner in the exchange initiative. During summer 2012, the Department of Commerce and EducationUSA will be sponsoring an Education Mission to Brazil, with the goal of connecting approximately 60 U.S. institutions of higher learning with prospective students and university partners in Brazil.

In addition, Brazil’s President Rousseff has championed that country’s Science Without Borders campaign which aims to fund more than 100,000 Brazilian scholars and university students in the fields of mathematics and science to conduct research and study abroad over a four year period. The government will fund 75,000 students, with the private sector funding the rest. More than half of the students are expected to conduct their studies in the United States, contributing greatly to the goals of President Obama’s 100,000 Strong program.

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CBP Announces Its FY 2011 Accomplishments

admin — Tue, 24 Jan 2012 17:42:02 +0000

The U.S. Customs and Border Protection apprehended 340,252 illegal immigrants attempting to enter the U.S. in FY 2011, a drop of about 50 percent over three years and barely 20 percent of the peak numbers that the agency saw in 2000, according to information released by CBP in its fiscal year in review.

Apprehensions are an important indicator of illegal immigration. About a quarter of the persons CBP apprehended in FY 2011 were already in the FBI’s Integrated Automated Fingerprint Identification System, which is a database of persons with criminal charges or convictions.

CBP’s agents and officers seized about 5 million pounds of narcotics at the country’s ports of entry – a significant increase since last year. The agency also intercepted about $120 million in undeclared currency.

Officers apprehended 8,195 illegal immigrants who were wanted for violent crimes such as murder, assault, rape and robbery. CBP turned away an estimated 215,600 persons attempting to enter the United States for criminal, health or national security reasons.

The agency’s agriculture team seized more than 1.6 million pounds of illegal meat and animal byproducts as well as plant materials. It also nabbed about 183,000 pests at ports.

Among the four states that border Mexico, Texas has the longest border, but Arizona had the border with the most apprehensions in FY 2011. Agents and officers in Arizona apprehended 129,118 persons while CBP in Texas caught 118,911. CBP in Texas seized 1.5 million pounds of drugs and $1.9 million in currency. New Mexico is the most dangerous state to attempt illegal crossings because of its treacherous desert terrain. Its low numbers show it to be an unpopular illegal location with fewer than 7,000 apprehensions.

CBP has significantly increased its presence at the border during the past three years. There were 21,444 Border Patrol agents in FY 2011, 886 more than the year before. The agency had another 20,500 officers working the border.

The agency’s focus on the border includes more than additional “boots on the ground”. CBP has brought in more thermal imaging units, non-intrusive inspection equipment, and more mobile surveillance equipment.

CBP drones now patrol the border from the Gulf of Mexico to the Pacific Ocean helping officers and agents on the ground with intelligence only available from the sky. The aircraft flew about 4,100 hours in FY 2011 and helped to apprehend 467 illegal immigrants and about 7,600 pounds of narcotics.

The agency also enrolled about 290,000 people into the CBP’s Trusted Traveler Program, with the goal of expediting the screening process for low-risk travelers through a series of background checks. Overall, more than 340 million travelers came to the United States in the last fiscal year.

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No U.S. Embassy in Tehran? No Worries – the U.S. Creates a Virtual Embassy Online

admin — Tue, 10 Jan 2012 17:40:46 +0000

The U.S. State Department recently launched the Virtual Embassy Tehran website to foster a cultural connection between the United States and Iran and to connect Iranian people with more information about the U.S.

The last actual Tehran embassy was shut down in 1980 after the catastrophic events of the hostage crisis in 1979. Since then, Switzerland has helped the United States carry out consular and humanitarian missions. After the U.S. created a USA darFarsi Facebook and Twitter account, it discovered that many people wanted to discuss American topics and opportunities.

“We know that the Iranian people remain hungry for information about the United States – information about travel to the U.S., educational opportunities, and our policies toward Iran and the rest of the world,” according to a State Department press release.

The website is in English and Persian and encourages freedom of expression and freedom of the press, two of America’s core values. The content focuses on multiple viewpoints, a democratic society, and America’s efforts to resolve conflicts with the Iranian government. Because the United States and Iran do not have diplomatic relations, the website is a key platform to educate each country’s citizens about American policy, culture, and citizenship. Outreach between Iranian and U.S. citizens is crucial to opening up the dialogue to create a more civil, open society for Iran’s citizens.

As Secretary of State Hillary Rodham Clinton said “…the young people of Iran carry within you both the ancient greatness of Persian civilization and the power to forge a country that is responsive to your aspirations.”

Virtual Embassy Tehran is made “…to offer you another perspective and another source of information so you can make up your own minds about the U.S., our concerns about the Iranian government’s activities at home and abroad, and our serious efforts to achieve a resolution to those concerns.”

Iranian students and business people who are looking to study, work, or attend a business conference in the U.S. can find more information on the site about visas and traveling to the United States. Beyond Facebook and Twitter, website visitors can access the site’s YouTube videos and blogs. Important links to U.S. government institutions and citizenship services are also given. Iranian traditions, holidays, and charitable contributions are mentioned too.

The news portion of the website gives breaking news and Middle East news from Voice of America. The website is in stark contrast to the Iranian government that “…tries to limit what its citizens see, hear, think, and feel…this very expensive endeavor is bound to fail in today’s increasingly interactive world,” according to the State Department.

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Department of States Addresses Increased U.S. Visa Demand

admin — Wed, 28 Dec 2011 18:24:06 +0000

The Department of State recently reported a 17 percent increase in U.S. visas from the previous fiscal year. Throughout fiscal year 2011 more than 7.5 million U.S. visas were issued, with heavy demand from Brazil, China, India, and Mexico. International travel by tourists, businesspeople, and students generated $134 billion in revenue and helped sustain 1.1 million American jobs. With the uptick in demand for U.S. visas, the Department of State is making numerous efforts to improve its efficiency and customer service throughout its 222 embassies and consulates worldwide.

More workers and resources are being allocated to visa adjudication by the Department of State as global travel still remains a vital national economic interest. At busy posts throughout the world, officers can interview 100 visa applicants or more on a daily basis. Sophisticated technologies such as biometric checks are being used to improve security-related measures for screening applicants along with multiple biographic checks. The Department is also increasing visa adjudicators, and targeting new hires that can assist in China and Brazil.

The posts in China and Brazil offer extended hours to conduct additional visa applicant interviews. In the last five years, visas have increased by 234 percent in Brazil and 124 percent in China. China saw an increase of 35 percent in fiscal year 2011 alone, and processed more than 1 million visa applications in just one year.

When there are increased seasonal demands for U.S. visas, the Department of State will add temporary duty officers to manage interviews and processes. Wait times worldwide are typically one week for an interview appointment, and student visa interview appointments at some posts take less than a week and a half.

Interview appointments for business travel can be expedited to make business travel more efficient. The Business Visa Center supports U.S. companies that want to attract foreign workers and clients to visit or attend conventions in the U.S. FY 2011 saw 3,500 requests for business travel to the United States.

Student visa interviews are also prioritized. International students bring economic, social, and intellectual benefits to the U.S. and generate close to $20 billion to the economy on an annual basis.

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USCIS Issues New EB-5 Adjudications Guidance

admin — Tue, 20 Dec 2011 18:23:39 +0000

U.S. Customs and Immigration Services is taking steps to significantly improve its EB-5 Program adjudication process by improving internal communication, streamlining application analysis and consolidating policy memoranda into a single comprehensive agency memorandum.

As background, Congress created the EB-5 Program as part of the Immigration Act of 1990 to encourage new international capital investment into domestic projects that would hire American workers. The program grants two-year conditional permanent resident status to immigrants who make at least a $1 million investment into a new or expanding business in the United States that will help create jobs, or $500,000 if invested in Targeted Employment Areas such as high employment or rural areas. The Program has an annual quota of 10,000 visas available. Just before the second anniversary, conditional resident investors must again file with USCIS and show the creation of 10 United States worker jobs consistent with the previously approved Business Plan, in addition to meeting other requirements.

USCIS’ adjudication process improvements include a new decision board that will help adjudicators reach a final decision on petitions. Department of Homeland Security Director Alejandro Mayorkas advised that DHS has hired economists and business analysts to help the adjudication team and a consulting firm to help streamline the entire process.

The agency already has introduced direct email contact between the USCIS adjudication team and petitioners from a Regional Center, which is part of a new pilot program under the EB-5 umbrella.

To give the adjudicators, the new consultants and the decision board a comprehensive policy, USCIS is creating an overarching policy memorandum for the EB-5 program to collect all of the relevant policies into one, and has recently released its first version of the memorandum.

The new overarching policy memorandum is intended to give the adjudicators a guide as they process applications, Mayorkas said, in addition to speeding up adjudication and yielding more predictable outcomes. Presently, USCIS takes about eight months to adjudicate an investor’s initial petition.

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Secretary Napolitano Discusses Border Security and Enforcement

admin — Tue, 29 Nov 2011 19:06:16 +0000

Security along the U.S. border with Mexico is at an all-time high, Department of Homeland Security Secretary Janet Napolitano announced in an October 2011 presentation at American University in Washington, D.C.

As evidence, Secretary Napolitano reports that DHS has doubled the number of Border Patrol agents since 2001 to 18,000 agents today, and is using highly sophisticated technology to significantly reduce the number of people trying to get into the United States illegally.

DHS, through the efforts of component agencies Customs and Border Protection and Immigration and Customs Enforcement has seen a 36 percent drop in the number of attempts to illegally cross the southwestern border over the past two years, she said. That is a third of the volume of such attempts at its peak. At the same time, seizure of guns, drugs and currency have all increased despite the drop in attempted illegally crossings.

Secretary Napolitano said the border is safer than it has been in decades and praised the hard work of CBP and ICE in achieving record levels of enforcement. “Let’s take the ‘border is out of control’ myth out of the equation,” she said. By “…using the claim that the border is not secure as a reason to block immigration reform is not reasonable…for the last two and a half years, [we] have seen dramatic declines in illegal immigration and dramatic increases in seizures.”

Secretary Napolitano also announced her agency’s current priorities for effective immigration enforcement. Top on DHS’ list is the identification and removal of public safety and national security threats, criminals and gang members, and deterring individuals from illegally crossing the southwestern border by detention of recent illegal crossers.

Lower on its overall list of priorities, DHS will continue its forensic I-9 workforce compliance audits rather than engage in worksite raids. Secretary Napolitano announced that the agency will continue its program of criminal prosecution for those employers who have been deemed to have engaged in egregious workforce compliance violations. Significantly, DHS will begin prioritizing the removal of those persons who repeatedly violate immigration laws, and for the first time as formal national policy, outline the appropriate use of discretion in deciding which cases the agency will prioritize for removal.

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Appeals Court Stays Parts of New Alabama Law

admin — Thu, 17 Nov 2011 19:06:07 +0000

The 11th Circuit Court of Appeals and the U.S. District Court have stayed parts of Alabama’s controversial new immigration law, HB56, which requires schoolchildren and commuters to prove their immigration status, and makes it a crime to give an illegal immigrant a ride in a car.

In October 2011, Atlanta’s 11th Circuit Court of Appeals enjoined two parts of HB56 until the appeals process is complete: the provision making it a crime to be undocumented, and the one requiring students to prove legal immigration status or be presumed undocumented. The court allowed two other provisions to stand, including a prohibition making it a felony for an undocumented person to enter into a business transaction with the state or any subdivision of it, and the provision permitting local law enforcement personnel to stop, detain, or arrest any person it suspects is in the state illegally.

Previously, Chief U.S. District Court Judge Sharon Blackburn stayed several parts of HB56 in three separate legal challenges to the Alabama law while those cases are pending. Stayed were provisions that make it illegal for an undocumented alien to attend or enroll in public, post-secondary educational institution, or to apply, solicit, or perform work as an employee or independent contractor, and provisions that prohibit drivers from impeding traffic or hiring and picking up an undocumented worker, or drive such persons to a job site, accepting a ride to a job site, or hiding an illegal alien at a job site. The three cases are Hispanic Interest Coalition of Alabama v. Bentley, Parsley v. Bentley and U.S. v. Alabama. In all of these cases, Blackburn ruled it likely that these sections of state law are pre-empted by federal law.

Blackburn also upheld some provisions of HB56, including the provision that requires schools to verify students’ immigration status, a position now reversed by the 11th Circuit.

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Social Security Administration Changes How It Issues Social Security Numbers

admin — Tue, 25 Oct 2011 18:07:57 +0000

The Social Security Administration (SSA) has changed the way it issues Social Security numbers (SSNs). Instead of using the first three digits to indicate the state of issuance based on the zip code of the applicant, its new method will be through a randomized assignment methodology that it calls simply “randomization”. Begun on June 25, 2011, the SSA advises that its goals with this change are to increase the pool of numbers in every state and to protect the integrity of the system. Presently, there are about 420 million numbers than can be assigned.

As background, assignment of nine digit Social Security numbers began in 1936 to track workers’ earnings. Today’s nine digit SSNs are composed of a three digit area number followed by a two digit group number and then a four digit serial number. According to the SSA, no current area number has nor will start with 000, 666, or 900-999. No group number has nor will start with 00, and no serial number has or will begin with 0000. SSA advises that with the elimination of geographic significance of area numbers, some previously unassigned numbers will begin being used. Increasing the pool of numbers available will permit the SSA to continue to issue Social Security numbers with nine digits. Randomization eliminates the geographical significance of the area number that will no longer be allocated to states for assignment.

Another benefit of randomization is to make each SSN more secure by increasing the difficulty in reconstructing a SSN using information available to the public.

There will be no change to persons who currently have SSNs; the SSA will not be issuing new numbers to existing cardholders, nor will it be issuing new SS cards. Randomization only affects new applicants for SSNs.

Some businesses and government institutions might have to update systems to account for the randomized new Social Security numbers.

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USCIS Extends TPS for the Sudan and Designates TPS for South Sudan

admin — Tue, 18 Oct 2011 18:06:21 +0000

On October 13, 2011 the Department of Homeland Security published notice that it is extending Temporary Protected Status for the Sudan from November 2, 2011 through May 2, 2013, and that it is separately designating TPS for the newly formed nation of South Sudan. Affected and eligible TPS Sudanese nationals can extend TPS status and automatically extend employment authorization. Affected and eligible nationals of the Republic of South Sudan can continue TPS status and also continue employment authorization.

As background, the United States grants a safe haven or TPS to nationals of a country that has experienced temporary conditions that prevents a safe return of its nationals from the United States arising out of an ongoing armed conflict, or a national disaster such as an earthquake, or for other extraordinary reasons. Affected nationals must have been in the United States by a date certain before the date of DHS designation. Benefits are not automatic and affected nationals must apply to USCIS both for TPS and for employment authorization based upon TPS. TPS grants are for a discretionary period of 6, 12, or 18 months and can be renewed without limitation provided the basis for the designation continues.

The Attorney General first designated the Sudan for TPS on November 4, 1997. Since then, TPS has been extended 12 times. DHS advises that it is extending TPS again for the Sudan because the armed conflict there continues and extraordinary conditions persist. The re-registration periods for current Sudanese TPS beneficiaries starts on October 13, 2011 and ends 180 days later on April 10, 2012. Sudanese nationals must establish continuous residence in the United States since October 7, 2004.

The Republic of South Sudan gained independence from the Sudan on July 9, 2011, creating a dilemma for some Sudanese TPS beneficiaries and for the United States. Because DHS was concerned that some Sudanese may now be citizens of South Sudan and may no longer be covered by the ongoing Sudan TPS designation, it designated South Sudan for TPS benefits. TPS for South Sudan began on October 13, 2011 and will remain in effect until May 2, 2013. The registration period begins on October 13, 2011 and ends 180 days later on April 10, 2012. South Sudanese nationals must establish continuous residence in the United States since October 7, 2004.

Persons granted TPS are permitted to remain in the United States for the TPS grant period, to obtain employment authorization while here, and are eligible to apply for travel permission. Presently, the DHS has TPS in effect for El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan and now South Sudan.

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EB-5: USCIS Releases Data on Program Usage

admin — Mon, 03 Oct 2011 15:50:38 +0000

USCIS has released EB-5 program statistics for fiscal year (“FY”) 2010 and Q1 through Q2 of FY 2011, showing a marked increase in program usage.

As of June 30, 2011, USCIS reports that there are 147 approved Regional Centers operating in 39 states and 83 pending Regional Center proposals. In all of 2010, there were 110 new Regional Center applications filed, yet by the end of Q2 for fiscal year 2011 alone, there have been 146 new applications, which is a significant increase.

For FY2010 USCIS received 1,955 initial investor petitions, and by the end of Q2 of FY2011 the USCIS had already received 1,601 initial investor petitions. The released data shows an 89 percent approval rate in FY 2010 for initial investor petitions, and an 81 percent approval rate for initial investor petitions in Q1 and Q2 of 2011.

USCIS reports that for FY2010, 41 percent of EB-5 visas were used by persons born in mainland China, 16 percent by persons born in South Korea, 7 percent by persons born in Great Britain and Northern Ireland, 5 percent by persons born in Taiwan, 3 percent by persons born in India, and the remaining 28 percent by persons from all other countries.

As to adjudication timeframes, once a foreign national investor files his or her initial petition, USCIS reports a five and a half month adjudication period from filing to decision. That time period must be adjusted upward to account for the USCIS’ Requests for Evidence (“RFE”), which sometimes are issued before USCIS makes a decision in the case. After receiving an RFE response, the USCIS strives to conclude case adjudication within 30 days after receipt of the requested evidence, but that time period is not the typical time period. Current time periods vary, with some investors waiting many times that period, making the actual adjudication time period much longer for some investors using the program.

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Former USCIS Employee Sentenced for Bribery and Fraud

admin — Thu, 29 Sep 2011 15:45:10 +0000

In August 2011 a USCIS supervisor and his son, both convicted of federal corruption charges, were sentenced to five years and four years in prison, respectively. The USCIS supervisor, Fernando Jacobs, 72 years old, had been found guilty of conspiracy, bribery, wire fraud, and visa fraud. He was also fined $30,000. His son, 44-year-old Patrick Jacobs, was also convicted of the first three charges. He has been in custody since his arrest in 2009.

The elder Jacobs took bribes from foreign nationals seeking legal status in the U.S. and his son acted as a go-between in setting up the deals.

The Jacobs’ scheme involved the elder Jacobs using his official position as a USCIS supervisor to defraud the government of his honest services and personally profit at the public’s expense. Fernando Jacobs accelerated certain case processing, took information from Department of Homeland Security databases on immigration in furtherance of the scheme, and placed official DHS stamps in foreign nationals’ passports that permitted such persons to travel back and forth from the U.S., all for a fee.

“The significance of public corruption cases like this cannot be overestimated,” said U.S. Attorney André Birotte Jr. “The American public demands honest government service and the Department of Justice is committed to policing government and preserving the public trust.”

This is the latest of many corruption cases that have tarnished the agency and its reputation over the last decade and a half. Articles in the press, such as in the Washington Post on December 1, 2006, reported that a DHS supervisor pled guilty to falsifying immigration documents and taking over $600,000 in bribes to do so. A New York Times article on March 21, 2008 described a USCIS adjudicator being arrested after being taped saying to a 22-year-old Colombian woman, “I want sex…you get your green card”. These flagrant violations disgrace the agency. In response, the USCIS created the Office of Security and Integrity (OSI). The agency has substantially increased resources dedicated to internal affairs to reverse a perceived increase in such cases.

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New Report Examines State and Homeland Security Roles in Visa Security Policy

admin — Tue, 27 Sep 2011 15:44:18 +0000

After Umar Farouk Abdulmutallab, often referred to as the “Underwear Bomber”, allegedly tried to detonate a bomb on a flight to Detroit on Christmas Day in 2009, questions have arisen regarding the roles of the Department of State and the Department of Homeland Security (DHS) in matters of visa security and whether any changes in law are warranted.

Abdulmutallab’s father had warned the U.S. Embassy at Abuja, Nigeria that his son might be a threat to the United States a month before the alleged bomb attempt. Officials at the Embassy sent a cable to the National Counterterrorism Center about Abdulmutallab, but no action was ever taken. State Department officials said that they did not have enough information to revoke his visa at that time. Abdulmutallab had been traveling on a multi-year, multiple-entry tourist visa that was issued in June 2008.

A recent Congressional Research Service report addressed the roles that the Department of State and the Department of Homeland Security play in visa security and the conflicting positions about the role intended for each department.

Under the Homeland Security Act of 2002, the State Department is to issue regulations governing visa issuance, staff U.S. consular posts abroad to advise and investigate as needed, and have consular officers bear responsibility for issuing visas. DHS’ U.S. Citizenship and Immigration Services (“USCIS”) approves immigrant and nonimmigrant petitions, DHS’ Immigration and Customs Enforcement operates the Visa Security Program, and DHS’ Customs and Border Protection inspects people who apply for admission to the U.S. The Department of Justice also plays a role in visa policy by making adjudicatory decisions on specific immigrant cases that it receives.

The report acknowledges the opinion of some that the DOS exercises too much control over the visa process, asserting that the intent of the Homeland Security Act was to have DHS be the lead agency with DOS merely administering the process. The opposing view is that DOS has officers on the ground in consular posts worldwide with country-specific knowledge and is in the best position to play the lead role in visa processing. Cost plays a role too, in that expanding DOS’ role may be prohibitively expensive for that Department.

Recently, a bill passed the House Committee on the Judiciary that would give the Secretary of Homeland Security exclusive authority on matters of visa security. The issue of changes to current processing, it appears, remains up in the air awaiting Congressional action.

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State Department Warns U.S. Citizens of Violence in Chihuahua, Mexico

admin — Mon, 26 Sep 2011 15:43:01 +0000

U.S. citizens traveling abroad in or near the state of Chihuahua, Mexico have been warned to remain vigilant for threats of violence after Mexican authorities captured key members of a cartel in the city of Juarez.

One of those captured, Jose Antonio Acosta Hernandez, is a former police officer who has admitted to ordering the deaths of more than 1,500 people near the U.S. border. He is also a suspect in a U.S. consulate employee killing at a border crossing near Juarez.

The U.S. State Department warned that the captures “bring with them the potential for an increase in violence,” and speculated that cartel members could retaliate by targeting members of other cartels, law enforcement authorities or members of the public. The U.S. Consulate in Ciudad Juarez and ports of entry to the U.S. are areas where U.S. citizens should remain especially vigilant, the State Department said, as the Department had obtained information that these locations could be targeted, perhaps with a car bomb.

The state of Chihuahua is on the northern side of Mexico, adjacent to the U.S. states of Texas and New Mexico. The city of Juarez, infamous as a drug cartel stronghold, sits on the northern border of Chihuahua near El Paso, Texas. Prior to 2009, Juarez held the highest murder rate in the world at 130 murders per 100,000 residents. There were 3,075 homicides in 2010, most of which have been linked to drug cartel violence.

The State Department offers the Smart Traveler Enrollment Program, or STEP, for those who travel abroad to dangerous areas. STEP is a free program that lets travelers enter information about their upcoming trip so that the Department of State can better assist such persons in case of an emergency. It also helps traveling Americans to find information about the locations of the nearest embassies or U.S. consulate offices.

Many Mexicans have sought asylum in the U.S. due to cartel violence. Asylum requests reached a record 5,551 last year, according to figures released by the government. Only 165 of these requests were granted.

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San Francisco Sheriff Wants Out of Secure Communities Program

admin — Thu, 04 Aug 2011 20:40:03 +0000

San Francisco Sheriff Michael Hennessey has announced that he will release illegal immigrants who are believed to have committed low-level crimes instead of jailing them and turning them over to federal authorities.

Hennessey declared his distaste for the Secure Communities program run by U.S. Immigration and Customs Enforcement in an op-ed piece in the San Francisco Chronicle last month. Local law enforcement, which use the Secure Communities program, send the fingerprints of arrested criminal suspects to ICE to check them against federal immigration databases. A match can result in commencement of removal proceedings.

Critics have long argued that Secure Communities actually undermines public safety, and that immigrants will stop reporting crimes they see because they are afraid of deportation.

“ICE’s Secure Communities program puts local police in a bind. How can local police provide a ‘secure community’ if various members of that community will not report crimes nor offer to testify out of fear of federal action against the victims or witnesses? Some local police see their hard work in building community trust evaporate,” says Dallas immigration attorney Stewart Rabinowitz of the firm of Rabinowitz & Rabinowitz, P.C.

Hennessey stated that any illegal immigrants arrested for low-level crimes – such as shoplifting or public drunkenness – will not be held in jail, even if federal immigration agents request their detainment. He said that he would still report suspected felons to ICE, as he has been for years.

“Reports of persons removed for non-criminal conduct, such as visa overstays, who were stopped for minor traffic infractions are not what ICE had in mind in portraying the Secure Communities program as designed to remove dangerous criminal aliens from our streets,” Rabinowitz says.

“San Francisco has always been a city of immigrants,” Hennessey said. “We are proud of our diversity. We value the contributions of immigrants to our community. Law enforcement and other civic leaders work hard to serve all of our residents in an effort to promote the health and safety of our neighborhoods. Unfortunately, Immigration and Customs Enforcement’s controversial Secure Communities program violates this hard-earned trust with immigrant residents.”

Under federal law, other law enforcement officers can still choose to report immigration status to ICE. Several have already declared their intent to do so.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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DOL Finds a Maryland School System to Owe Millions to Back Wages to its H-1B Workers

admin — Wed, 01 Jun 2011 23:20:29 +0000

Maryland’s Prince George’s County Public Schools system violated the law when it reduced the wages of 1,044 foreign teachers hired under the H-1B program, concluded a recent U.S. Department of Labor’s Wage and Hour Division investigation.

The school system had required the H-1B teachers to pay a total of $4,224,146 in fees, which reduced H-1B teacher wages below the required wage. The district must now return the money in back wages and will be fined $1.7 million in civil money penalties.

“All employers, including school systems, are required to follow the law,” said Nancy J. Leppink, acting administrator of the Wage and Hour Division, in a news release. “That includes the legal duty to pay every teacher hired the full wages he or she is owed.”

The district may also be disallowed from filing new petitions for foreign workers, requesting extensions for current workers, or requesting permanent residency for any foreign workers currently employed.

The H-1B program allows U.S. employers to hire foreign workers deemed professional to work in the U.S. for a temporary time period. To prevent exploitation of such foreign workers, and to ensure that prevailing or actual wages are not undercut by foreign workers willing to work a lower wage rate, employers must pay them at least the same wages and benefits as they would pay to a U.S. worker performing the same job in the same location.

Employers who choose to employ foreigners from the H-1B program are required by law to pay certain fees. The Prince George County Public Schools system, instead of paying the fees as required, charged the foreign workers those fees and then deducted those amounts from H-1B worker paychecks. This resulted in the foreign workers being paid substantially less than their American counterparts.

The H-1B teachers involved in the violation, some 800 of which were from the Philippines, expressed hope for “an equitable solution to the problem.”

“We are grateful to DOL for conducting this investigation, but most important is that our teachers’ right to have their visas renewed and their permanent resident applications processed continuously should not be jeopardized,” said Millet Panga, secretary of the Philippine Educators Network.

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Department of State Opens El Paso Passport Agency

admin — Tue, 31 May 2011 23:20:16 +0000

A new passport agency has opened in El Paso, Texas, that will end the need for nearby residents to travel hours away just to get a passport.

Previously, if El Paso residents needed to quickly obtain a passport for urgent travel plans, they would need to trek 750 miles to Houston or 300 miles to Tucson. Now, with $2.1 million provided by the American Recovery and Reinvestment Act of 2009, an El Paso Passport Agency has been opened in the historic Anson Mills Building, just a few blocks away from the U.S.-Mexico border.

“For the first time, we will have a facility that will not only process applications but also produce and issue passports on- site right here in El Paso,” said Vincent Perez, spokesman for U.S. Rep. Silvestre Reyes, D-Texas, in an interview with the El Paso Times. Perez said that El Pasoans previously had to overnight their applications across the state in order to quickly obtain a passport.

The new agency provides in-person passport services to those who need to travel through the U.S. in fewer than two weeks or who need a visa to travel internationally in four weeks or less. Same day or next day passport services are available for emergencies for a $60 fee. Normally, the process takes about six weeks.

Deputy Assistant Secretary for Passport Services Brenda Sprague visited El Paso for the agency’s opening ceremony. She said that more businesspeople are traveling, and that should an unexpected need for a passport arise, the new agency will provide one promptly to any El Pasoan in need.

“El Paso was very high on our list because we felt we were not properly supporting the borderland,” Sprague said. “You get these very complicated issues because it’s very common for people here to have business, family, residences on both sides of the border.”

The new office is one of seven agencies that the U.S. Department of State plans to open along the northern and southern U.S. borders. Agencies in San Diego, Buffalo, N.Y. and St. Albans, Vt. have been opened in recent months, and existing agencies in Portsmouth, N.H. and Hot Springs, Ark. have been expanded.

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Migration Policy Institute Examines E-Verify and Recommends Changes

admin — Mon, 28 Mar 2011 21:29:02 +0000

The E-Verify system, a free program run by the United States government, allows employers to check a new hire’s eligibility to work in the U.S.

While the program was established to prevent illegal aliens from working in the U.S., and, according to the Department of Homeland Security has bee effective, one independent think tank says that the program needs changes.

The Migration Policy Institute, a non-partisan Washington-based think tank, recently completed a review of the program and used its findings to point out faults and recommend changes.

MPI found that one of the program’s biggest faults is that it is susceptible to identity fraud. E-Verify can determine if a name and social security number match a database, but cannot confirm that they actually belong to employee presenting the information. A person using a stolen card and assuming another’s identity can easily bypass E-Verify security measures.

While the government has measures in place to mitigate this problem, including photo matching and U.S. Citizenship and Immigration Services monitoring and compliance branches, the MPI found that these do not always work. It found that between October 2009 and August 2010, only 2.6 percent of E-Verify cases were subject to photo matching, due to staffing and other issues, USCIS are somewhat ineffective against fraud.

The organization also found that employer noncompliance and misuse is a common problem. Some employers fail to use the program when hiring, while others abuse the program for various reasons. The erroneous nonconfirmations that have made the program controversial in the past also continue to be a problem with E-Verify, as some U.S. citizens and lawful immigrants have been labeled as non-eligible to work. It did note that the number of erroneous nonconfirmations dropped from 8 percent between 2004 and 2007 to 2.6 percent in 2009.

MPI recommends an expansion of the photo matching program and the use of some type of biometric technology to deter fraud. The government already plans to expand the photo matching program by including driver’s license data and a system that allows workers to preverify their data, the latter of which is to be introduced shortly. MPI also recommends linking E-Verify mandates to legalization and visa reform, so that illegal immigrants can be absorbed into the system and earn legal status.

The organization argues that all of these changes should be phased in gradually and held up against a clear set of benchmarks to limit unintended consequences.

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DHS Sets its FY2012 Immigration Budget Priorities

admin — Sun, 27 Mar 2011 21:28:50 +0000

Secretary of Homeland Security Janet Napolitano released the department’s fiscal year 2012 budget request in February, 2011, with a total proposed budget of $43.2 billion, which is a .7 percent, or $309 million, increase over the fiscal year 2011 budget.

“On a daily basis, the Department of Homeland Security secures U.S. air, land, and sea borders; safeguards lawful trade and travel; secures federal networks; and disrupts and dismantles transnational criminal and terrorist organizations that engage in cross-border criminal activity,” Napolitano said. “The Department’s FY 2012 budget request allows us to continue to meet these evolving threats and challenges responsibly by prioritizing our essential operational requirements – while reflecting an unprecedented commitment to fiscal discipline that maximizes the effectiveness of every security dollar we receive.”

Napolitano focused specifically on securing and maintaining U.S. borders and enforcing and administering U.S. immigration laws.

In 2012, the Department of Homeland Security will support an all-time high of over 21,000 Border Patrol agents and a similar number of U.S. Customs and Border Protection officers. The budget also includes funding for additional surveillance technology on the southwest border of the U.S. and investments in technology for the long northern border between the U.S. and Canada. Additional funding will go toward the Coast Guard’s national security program and will allow the Coast Guard to invest in 46 new vessels, several aircraft, and improvements to existing facilities.

Funding will also go toward enforcement of immigration laws and streamlining the legal immigration process. U.S. Immigration and Customs Enforcement maintains over 33,000 detention beds for detained aliens and removes more than 200,000 criminal aliens per year.

Napolitano also plans to roll out Secure Communities, a program that allows government offices to share information about detained foreign nationals, to 96 percent of all jurisdictions nationwide. The budget also includes an expansion of the E-Verify system, which allows businesses to use an Internet-based program to confirm new hire employment eligibility in the United States.

Additional funding will go toward integration efforts, English language and citizenship education programs, improvements to detainee health care, and improving detainee access to family members and legal representation.

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Homeland Security Cancels High Tech Border Fence

admin — Tue, 01 Mar 2011 04:01:01 +0000

The Obama Administration pulled the plug in mid-January, 2011, on a plan to build a high-tech border fence on the United States and Mexico border in Arizona.

The project, which would have cost taxpayers $2.5 billion, involved the installation of sensors and cameras at the U.S.-Mexico border to detect illegal crossers.

The Department of Homeland Defense has been reviewing the plan for the past year, after DHS Secretary Janet Napolitano asked for an assessment of the program to determine its value. Initial results proved poor for the plan, which has been plagued since its inception by cost overruns, technological failures and delays.

The plan took a huge hit in May when a Government Accountability Office determined that the capabilities of the fence had shrunk from the initial plan.

In its place, the DHS plans to implement a new plan comprised of a combination existing, proven technology. It will use mobile surveillance systems, unmanned aircraft and thermal-imaging devices, and will cost $750 million, significantly lower than the cost of the canceled plan. Napolitano said that the new plan will also cover 323 miles of the Arizona border, a dramatic increase from the 53 miles that the canceled plan would have covered.

Funding for the program, known as SBInet, had been frozen since March while the assessment was being carried out.

DHS officials said that some aspects of the SBInet system had been successful in testing, including stationary radar and infrared and optical sensor towers, and may be included in future plans.

Some members of Congress applauded the DHS decision, calling the program “unrealistic” and “long-troubled.” Even Obama’s critics in Congress did not challenge the decision to shut down the project.

“The SBInet program has been a grave and expensive disappointment since its inception,” said Rep. Bennie Thompson of Mississippi, the ranking member of the House Homeland Security Committee. “Our committee has held 11 hearings on the project, commissioned five critical GAO reports, all while costing taxpayers nearly $1 billion for only 53 miles of coverage. I am glad that DHS and [U.S. Customs and Border Protection] are finally listening to what we have been saying for years – that the sheer size and variations of our borders show us a one-stop solution has never been best.”

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Three Plead Guilty to Immigration Fraud Business in Florida

admin — Thu, 27 Jan 2011 17:30:18 +0000

Three men recently pleaded guilty to an immigration scam to procure visas for foreign nationals if the latter agreed to purchase home-construction companies.

Richard A. Murdoch, of Florida, pleaded guilty to fraud and tax evasion. Two U.K. residents, Hugh Morgan and Christopher A. Barrett, pleaded guilty to conspiracy to commit immigration fraud.

The men owned and operated a business called Royal Development, which served as a front organization for the lucrative immigration. According to the Department of Justice, the men promised foreign nationals living arrangements and help with immigration documents if the foreign nationals agreed to purchase construction businesses in Florida.

The conspirators advised foreign nationals that that the conspirators would file all of the immigration and visa paperwork, as well as help foreign nationals adjust to life after moving to the United States. The conspirators also promised that once the immigrants had purchased a construction company, the immigrants would receive help running it.

The men charged foreign nationals between $65,000 and $165,000, which included both the purchase of a construction company and the immigration paperwork. The men obtained $2.4 million from U.K. investors, according to figures released by the Department of Justice.

The three men were arrested on April 26, 2010. Morgan was arrested in Florida, where he lived, along with Murdoch. Barrett was arrested by law enforcement officials in Ontario, Canada, where he was living. Barrett was extradited to the United States on charges relating to the case that were filed in 2009.

In his plea document, Murdoch admitted to submitting false statements in the documents and affidavits he submitted for foreign nationals. He also admitted to bringing in over $500,000 from Royal Development between 2003 and 2005, and without paying taxes on any of it. According to the plea, Murdoch used the $189,852 that should have paid to the U.S. government, to buy cigars, go hang gliding and purchase a 1987 Porsche. Morgan and Barrett admitted to making false claims to immigration officials.

Murdoch faces a maximum of 10 years in prison for visa fraud and five additional years for tax evasion. Morgan faces a maximum of five years in prison for each conspiracy charge, and Barrett faces a total maximum of five years in prison for conspiracy to commit immigration fraud. All three face additional fines up to $250,000 for each charge.

Foreign nationals can enter the United States legally through several investor classifications, each of which requires strict compliance with U.S. immigration law. An experienced immigration lawyer can help to ensure both that the process goes as smoothly and has has an increased likelihood of a successful outcome.

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El Paso Border Offers Crossing Lanes for RFID Documents Only

admin — Wed, 26 Jan 2011 17:30:13 +0000

The newest technology in the U.S. government’s effort to improve border security – radio frequency identification devices, or RFID – is being testing with a pilot program at a border crossing in El Paso, Texas.

The 90-day program allows travelers who have approved RFID documents to cross the El Paso/Mexico border through two special RFID-only lanes. Officials say that traveling across a border with RFID documents is faster and more efficient than traveling with traditional documentation. The estimate is that wait times are approximately 25 percent shorter with RFID.

Travelers passing through one of the new lanes must first hold their RFID documents up near the windows of the vehicle on the driver’s side. A machine scans the microchips inside of them and transmits the information – which includes the driver’s name, age, sex and address – to a U.S. Customs and Border Protection officer in a booth. The process is significantly quicker because an officer does not have to manually input the travelers’ information into the computer.

RFID documents became mandatory for all U.S. and Canadian citizens over the age of 16 crossing into the United Sates as a result of the Western Hemisphere Travel Initiative which went into effect in June of 2009. Available documents include U.S. passport cards, Legal Permanent Resident “green card” cards, Border Crossing Cards and most new passports. Some states also offer RFID enabled “enhanced” driver’s licenses.

Officials say WHTI compliant RFID documents will not only cut down crossing time, but also protect the U.S. from terrorism. WHTI was signed into law after the September 11, 2001 terrorist attacks and is a part of the Intelligence Reform and Terrorism Prevention Act. Because RFID information is more difficult to replicate, officials expect WHTI to curb fraudulent documents.

The El Paso “Ready Lanes” will be open from 6 a.m. to 10 p.m. daily and are the first in the U.S. to be open only to travelers with RFID documents. U.S. Customs and Border Protection officers have been distributing fliers to travelers and posting large signs at borders informing them of the new options.

Many expect the program to become more widespread if the El Paso program is successful and cuts down wait times while preventing fraudulent crossings.

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Ambassador for Children Kicks Off National Adoption Month

admin — Wed, 15 Dec 2010 03:40:10 +0000

Hundreds of thousands of children across the United States are in foster care and millions more across the world are looking for loving families to take them in.

Special Advisor for Children’s Issues Ambassador Susan Jacobs kicked off National Adoption Month on Nov. 1. Every year, during the month of November, the U.S. government calls special attention to the millions of children who are searching for families all across the world.

“Last year alone, Americans adopted over 100,000 children domestically and about 11,000 children from overseas. This is a testament to the generosity of the American people,” Jacobs said. “The U.S. government is committed to promoting stability for children. We support the desire of American families to provide for children in need of a permanent family through adoption.”

International adoptions can be difficult due to the sheer amount of paperwork involved and the costs of first visiting the child or children to be adopted and then transporting them home.

The process is further compounded after cases like last June, where a 7-year-old Russian boy adopted by a U.S. couple was sent on a one-way flight to Moscow with a note saying that he was “psychopathic.” Russia mulled an adoption ban with the U.S. after the incident, and is still threatening to cease all adoptions unless the two countries can sign an agreement to guarantee rights for adopted children.

Ambassador Jones reflected upon the importance of strong diplomatic relationships between countries in order for international adoptions to be successful.

“Our work on behalf of children through intercountry adoption requires strong, collaborative partnerships between the United States, foreign governments, and nongovernmental organizations,” she said. She then announced that Ireland and Kazakhstan joined the Hague Convention, which helps protect against fraud and abuse as it relates to international adoptions.

International adoptions differ greatly depending on whether the child is a citizen of a Hague country or a non-Hague country. Hague countries required potential adoptive parents to complete their documentation before the adoption process begins. They may not contact anyone who knows the child at this time. People adopting from non-Hague countries can begin their documentation at any time. The only stipulation is that the child must remain in his or her home country until the process is complete.

One adoption agency broke this rule in early 2010 when it brought 13 Haitian children to the United States after an earthquake devastated the country. The children had not been placed with a family and some had not even been placed up for adoption by their parents. Ambassador Jones addressed this in her speech.

“We sent a team down there to meet with the Haitian officials and with the parents of these children, and we expect that these cases will be resolved very soon,” she said.

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Report Shows Increasing Border Security Makes Illegal Smuggling More Expensive

admin — Tue, 14 Dec 2010 03:39:55 +0000

As the U.S government increases security measures along the border to Mexico, smuggling goods and people across is becoming more expensive.

The Department of Homeland Security’s Office of Immigration Statistics recently completed a study that found that for every 10 percent increase in combined border enforcement employee hours, smuggling costs rise between 2.5 to 3.8 percent.

This is good news for the DHS, which seeks to shut down the illegal movement of people and goods across the U.S. borders. Higher costs equate to more risk for smugglers, which means that they may attempt to make fewer illegal shipments across the border. It may also decrease the gross amount of goods and people that smugglers can attempt to ship across the border simply owing to the costs involved.

“A rise in smuggling costs could indicate that enforcement measures are making it more difficult and costly for smugglers to successfully get illegal migrants across the border,” the report said.

Smugglers may see these increased costs for some time. The U.S. government has increased border security spending substantially in recent years. Discretionary spending for border security was $6.3 billion in 2007. That number jumped to $7.9 billion in 2008, $9.8 billion in 2009 and $10.1 billion in 2010. The Obama administration cut funding for border security in the 2011 budget, down to $9.8 billion. This is still a 55 percent increase over the 2007 budget.

The degree to which funding increases actually help border security has been an issue of considerable debate. The study is a boon for politicians and policymakers who are proponents of increased border security funding. It is the first time that researchers have been able to document that increased security spending leads to decreased illegal activities and smuggling.

The report also suggests that border employee increases on the border with Mexico from 2006 to 2008 accounted for all of the increased smuggling costs, while increased enforcement accounted for about half of the increased smuggling costs between 2004 and 2008.

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ICE Releases Secure Communities Data Showing the Program Ineffective in Removing Dangerous Criminal Aliens; Program Remains Open to Abuse, Rabinowitz Says

admin — Tue, 30 Nov 2010 02:50:10 +0000

A 2-year-old Department of Homeland Security program deported 392,000 foreign nationals in the past 12 months. Dallas-based immigration attorney Stewart Rabinowitz of the firm Rabinowitz & Rabinowitz weighs in on the pitfalls of the program.

The program, Secure Communities, allows U.S. Immigration and Customs Enforcement (“ICE”) to examine detainee fingerprints sent from local law enforcement agencies. ICE searches for a fingerprint match in the Department of Homeland Security databases, which contains data on both lawful and unlawful foreign nationals. ICE then makes a determination whether to initiate removal proceedings.

Opponents of the program argue that it is open to abuse because an individual’s immigration history is investigated regardless of the crime.

“This leaves the door open to a pretext arrest of a person whom the police believe looks like an illegal immigrant,” said Dallas-based immigration attorney Stewart Rabinowitz of Rabinowitz & Rabinowitz, P.C. “If the police are correct, ICE will detain and remove the person and there will never be trial on the charges prompting the arrest. Police only need to allege the commission of a crime – regardless of probable cause.”There are no safeguards in place to prevent this from happening, as ICE does not monitor local law enforcement agencies for procedural or civil rights violations.

Proponents of the program cite the removal of large numbers of foreign nationals from the United States and frequently look no further. But the Department of Homeland Security and ICE set annual priorities, and chief among them is the removal of dangerous, criminal aliens from the United States.

Measured by the number of dangerous criminals removed, ICE’s own statistics reveal that Secure Communities has been ineffective. From October 2009 to August 2010, only 16 percent of people deported were found to have committed serious crimes. “The program is supposed to protect the U.S. from people who pose a danger to public safety, but it ends up doing much more than that. It deports people who pose no threat, while dangerous criminal aliens still remain at large,” Rabinowitz said. “Secure Communities as an unchecked federal program enables racial profiling.”

And the Department of Homeland Security has told those localities that have decided to no longer participate in Secure Communities because of its perceived adverse affects on police-community relations that localities cannot opt out of the program.

ICE plans to extend the program to every state in the U.S. by next year, and hopes to be in all 3,100 state and local jails by 2013.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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As Government Turns to Social Networking Sites to Track Users, Immigration Attorney Rabinowitz Advises Discretion

admin — Thu, 25 Nov 2010 02:53:18 +0000

Social networking websites are currently seeing extensive popularity, some of them connecting more than 500 million people across the world. Dallas-based immigration attorney Stewart Rabinowitz of the firm Rabinowitz & Rabinowitz advises social network users to only connect to people they already know.

People use social networking websites for numerous reasons – to keep in touch with family across long distances, to search for romantic partners and sometimes even to find completely new friends based on similar interests. Many users choose to connect with people they do not know in the outside world to enhance the amount of virtual “friends” they have to appear more popular. On most social networks, this means that the new “friend” can see all of the user’s private information, as well as any correspondence the user has with close friends or family.

“Connecting to people you don’t actually know is a terrible idea,” said Dallas-based immigration attorney Stewart Rabinowitz of the firm Rabinowitz & Rabinowitz. “There is nothing wrong with creating a private profile to stay in contact with close friends and family, but allowing total strangers to view personal information is a mistake.”

When a user posts information on a social networking site, it creates a public record and timeline of his or her activities. Users can set privacy settings to strict levels on most sites, allowing only friends to view this information. However, privacy settings are worthless when a user connects to strangers.

“People who post personal information on social networking websites and become friends with mass amounts of people they do not know could potentially be opening themselves up to easy surveillance,” Rabinowitz said. “The government knows these sites exist. There are documented cases where law enforcement officials and immigration officers tracked social networking users and used the information they posted against them in court.”

The process of creating a social networking profile is simple on most sites. The user often needs only to submit an e-mail address and a password to create an individual page. The user can then post whatever personal information and photographs he or she wants, even if the information is untrue or the photographs are of someone else.

That someone else could be a spammer, a data thief or even an agent from the Fraud Detection and National Security office, which recently issued a memo that said, “Social Networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive [the U.S. Bureau of Citizen and Immigration Services] about their relationship.”

“The attractive girl from California who sent you that friend request because she saw you both like the beach might actually be someone who wants to track what you post. Use your discretion. Set privacy levels to the strictest settings, post as little personal information as possible and only connect to people you actually know. You never know who could be trying to access your information,” Rabinowitz said.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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Controversial SB1070 heads to appeals court

admin — Sat, 20 Nov 2010 02:48:04 +0000

The state of Arizona is once again at the center of the immigration debate as it defends the controversial SB1070 in federal court.

At the Ninth Circuit Court of Appeals in San Francisco in early November, representatives from Arizona argued that some of the stricter portions of the law should be reinstated after a judge blocked them in July.

SB1070 allows law enforcement officers to check a person for identification if they suspect he or she is in the country illegally. Opponents of the law contend that it encourages racial profiling and subjects people to unlawful searches and interrogations when they have not obviously committed a crime. U.S. District Court Judge Susan Bolton essentially agreed with this claim when she blocked parts of the law in July, saying, “Race, alienage, or national origin discrimination was a motivating factor in the enactment of SB1070.”

She said that while Arizona Gov. Jan Brewer was correct in pointing out that while the plaintiffs arguing against the law say that it will harm them in the future, but has not harmed them yet, “the threat of future harm is sufficiently imminent.”

Judge Bolton did rule in favor of Brewer’s arguments in several cases, including a First Amendment claim against the bill and an argument that a driver’s license might not be proof enough of U.S. citizenship.

In federal appeals court this month, Arizona representatives sought to overturn this ruling. Arizona’s lawyer, John Bouma, argued that Arizona is trying to curb a federal problem by stopping the flow of undocumented immigrants – a task that he said the federal government is not sufficiently tackling.

An appeals judge questioned whether it was within a state’s right to question if the federal government is doing a sufficient job of enforcing a law, and then to enforce those laws itself if it did find the federal government was lacking. “For instance, if I don’t pay my income tax to the federal government, can California come along and sue me for not paying my income taxes?” the judge asked.

There is no timetable for when the Ninth Circuit will complete its ruling, but Gov. Brewer has said that she will appeal the case to the U.S. Supreme Court if the court does not appeal in favor of the bill.

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New Americans, including Asian and Latino voters, play increasing role in elections

admin — Wed, 17 Nov 2010 02:47:50 +0000

In the days and weeks before the 2010 midterm elections, pundits, politicians and reporters investigated the ways in which minority voters could affect each race. However, they may have overlooked an increasingly large bloc of voters – the New Americans.

The New Americans, a loosely defined group that includes naturalized U.S. citizens as well as the U.S.-born children of immigrants whose parents came from Latin American and Asia after 1965, are quickly gaining a powerful clout in the voting booths. More in tune with their families’ past than the rest of America, New Americans are largely sensitive to immigration law and immigration reform. They turn out in droves against politicians who use anti-immigrant rhetoric, much more so than the people who support that rhetoric.

A recent Immigration Policy Center special report found that New Americans counted for 10.2 percent of all registered voters in 2008, which was a 101.5 percent increase from 1996. Similarly, Latinos and Asians accounted for 10.7 percent of all registered voters in 2008, a 79.4 percent increase from 1996.

These growing blocs of largely pro-immigration voters hold a tremendous influence in key states across the U.S. In Arizona, California, Florida, Georgia, Indiana, Missouri, Montana, Nevada, New Jersey, North Carolina, Texas and Virginia, registered New American voters exceed the margin of votes between candidates in the 2008 presidential elections. In theory, this means that whichever candidate gains the favor of the New American vote will win the election. Including the Latino and Asian voters not part of the New American bloc adds Colorado, Hawaii and New Mexico to the list.

New American voters, and specifically Latino voters, are widely influenced by a candidate’s stance on immigration. LatinoMetrics, an information tracker for economists, brand marketers, news and media organizations and policy makers, conducted a poll that found one out of every four Latino voters cite immigration as the top issue in the U.S. and eight out of 10 Latino voters said that immigration reform is “of extreme importance.” A similar poll conducted by Dr. Ricardo Ramirez from the National Association of Latino Elected and Appointed Officials found that 27 percent of Latino voters said immigration was their No. 1 concern when deciding who to vote for.

Understanding the needs and desires of New Americans can make or break a candidate in key battleground states such as Florida, Nevada and New Mexico. Immigrants to the United States are a political force to be reckoned with, and politicians must take heed of their power if they wish to be successful in future elections.

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DHS to Deploy Additional Agents

admin — Mon, 18 Oct 2010 17:53:16 +0000

The Department of Homeland Security will deploy 2,200 Border Patrol agents along the northern border by the end of 2010. Dallas-based immigration attorney Stewart Rabinowitz of the firm Rabinowitz & Rabinowitz believes that such additional allocation of personnel has its pros and cons.

On Aug. 25, Department of Homeland Security (DHS) Secretary Janet Napolitano visited Piegan, Sweetgrass, Sunburst, and Havre, Montana, with Senators Max Baucus and Jon Tester and U.S. Customs and Border Protection (CBP) Commissioner Alan Bersin to tour CBP operations and meet with state and local officials, law enforcement personnel, and private sector stakeholders regarding DHS’s efforts to secure the northern border.

“We have made critical security enhancements along our northern border, investing in additional personnel, technology, and infrastructure to meet the security and operational requirements of our post-9/11 world,” Napolitano said. “DHS is committed to working closely with our federal, state, local and tribal law enforcement partners with the citizens of Montana to protect the border while facilitating legal trade and travel.”

State of the art technologies now put in place at Piegan and Sweetgrass ports of entry include thermal camera systems and Mobile Surveillance Systems. A roundtable discussion was held in Sunburst, Montana involving federal, state, local, tribal, and Canadian law enforcement to discuss potential methods of combating transnational crime and illicit drug smuggling along the northern border. DHS expects to have more than 2,200 Border Patrol agents along the northern border by the end of 2010 – a 700 percent increase since Sept. 11, 2001 – in addition to the approximately 5,800 CBP officers already stationed in northern border states.

“While more stringent security and safeguards are expected in the wake of the events which so traumatized Americans nine years ago, especially since several of the nineteen hijackers of jet planes were known to have entered the United States via Canadian routes to wreak their havoc, I question if the right questions are being asked when security and safeguards are being formulated, let alone being implemented. Are we as a nation simply being reactive or truly proactive – in the primarily enforcement-focused measures being taken, repetitively and continually, during the years since?” asked Dallas-based immigration attorney Stewart Rabinowitz, of the firm Rabinowitz & Rabinowitz.

Rabinowitz wonders about immigration patterns, scrutiny and leeway being granted or denied, and about excess concern with U.S.-Canada trade interactions, as individuals are too often lost in the paranoiac shuffle, or worse, subject to CBP abuses committed in the name of enhanced security. “These may have far reaching consequences too,” Rabinowitz said.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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Recent Unauthorized Immigration Drops Sharply

admin — Mon, 18 Oct 2010 17:48:25 +0000

While recent unauthorized immigration has been undergoing a sharp decline, the mainstream media is paying scant attention. Dallas-based immigration attorney Stewart Rabinowitz of the firm Rabinowitz & Rabinowitz offers some relevant commentary.

The annual inflow of unauthorized immigrants – sometimes referred to in the mainstream media as “illegal immigrants,” or in an even less favorable light as “illegals” – was nearly two-thirds smaller in the March 2007 to March 2009 period than it had been from March 2000 to March 2005, according to new estimates by the Pew Hispanic Center, a project of the Pew Research Center.

This sharp decline has contributed to an overall reduction of 8 percent in the number of unauthorized immigrants currently living in the United States – to 11.1 million in March 2009 from a peak of 12 million in March 2007, according to the estimates. The decrease represents the first significant reversal in the growth of this population over the past two decades.

“You would think that this would be a major news story, and be getting a lot of attention from the U.S. media,” said Dallas-based immigration attorney Stewart Rabinowitz of the firm Rabinowitz & Rabinowitz. “But for some reason, the opposite message – that unauthorized immigration is out of control and continues to increase at unprecedented rates – is what anti-immigration voices in the media trumpet and what even so-called ‘moderate’ voices acquiesce to. Unfortunately, the reasons for this are best explained as political and part of an agenda.”

The Pew Hispanic Center’s analysis also finds that the most marked decline in the population of unauthorized immigrants has been among those who come from Latin American countries other than Mexico. From 2007 to 2009, the size of this group from the Caribbean, Central America and South America decreased 22 percent.

“Often some of the anti-immigration pundits and commentators will exaggerate and use hyperbole to say that next to Mexico, many other dark-skinned persons from points further south are sneaking in across the U.S.-Mexican border, although they will use language a bit more toned down than that, and they make their intent well-known,” Rabinowitz said. “What they are saying on talk radio tends to be thinly veiled.”

Lack of a factual basis fails to deter anti-immigration voices. The Pew Center’s analysis also noted that the inflow of Mexican unauthorized immigrants peaked at 7 million in 2007 and has since leveled off.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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Immigration Court Asylum Denials at Ebb Tide

admin — Mon, 18 Oct 2010 17:45:49 +0000

With Immigration Court asylum denials reaching an all-time low – the lowest level in a quarter of a century according to FY 2010 results – data shows that immigration judges are declining fewer requests for asylum.

Recent Justice Department data show that immigration judges are declining substantially fewer requests for asylum. Denial rates have reached the lowest level in the last quarter of a century according to a new analysis by the Transactional Records Access Clearinghouse (TRAC).

Twenty-five years ago, in FY 1986, almost nine out of ten (89 percent) of the asylum requests in the Immigration Courts were denied. While the annual rates have gone up and down during the ensuing years, only half (50 percent) of the requests were denied during the first nine months of FY 2010 – a record low.

The denial rate for asylum requests in Immigration Court has been steadily declining since the mid-nineties and is projected to fall again in FY 2010. In FY 1986 almost nine out of ten requests (89 percent) were denied. Five years ago slightly more than six out of ten requests (62 percent) were denied. So far this year, it has dropped further so that only five out of every ten (50 percent) of asylum requests are being denied.

The growing success of asylum seekers is partly attributable to increases in the proportion that obtains legal representation. Having legal representation appears to have a major impact on outcome. During FY 2010, for example, only 11 percent of those without legal representation were granted asylum; with legal representation the success rate rose to 54 percent. It must be noted, though, that the number of those seeking asylum in court proceedings has fallen.

These and many other finding have emerged in the fifth annual report of TRAC’s monitoring series on Asylum Decision in the Immigration Courts. The reports are based upon hundreds of thousands of case-by-case asylum records obtained under the Freedom of Information Act from the Executive Office for Immigration Review (EOIR). The records cover asylum decisions for the last quarter century, and are current through June 21 of this year.

The 2010 reports on each individual Immigration Judge, with year-by-year denial rates and current comparative rankings subject to the detailed listing.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com

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Case reversed by Ninth Circuit

admin — Mon, 18 Oct 2010 17:42:52 +0000

Ruiz-Diaz v. USA, a recent case permitting concurrent filings for religious workers, has been reversed by the United States Court of Appeals for the Ninth Circuit.

On Aug. 20, a three judge panel on the Ninth Circuit reversed and remanded for further proceedings the district court’s decision (2009 WL 799683) allowing religious workers to file their adjustment of status applications concurrently with the organizations’ employment based immigrant visa petitions. Ruiz-Diaz v. USA, No. 09-35734 (9th Cir. August 20, 2010).

The court only considered the statutory construction argument, so the panel remanded to the district court for consideration of plaintiffs’ causes of action under the Religious Freedom Restoration Act and the U.S. Constitution.

The injunction requiring the agency to accept concurrent filings was vacated, but the order doing so will not take effect until mandate issues, probably around Oct. 11. Therefore, those wishing to file concurrent adjustment of status applications should do so before that date. The injunction also precluded USCIS from relying on unlawful status, presence, or employment that was accrued as a consequence of the challenged regulation barring concurrent filing for religious workers.

Plaintiffs will seek an extension of those provisions to protect class members during the pendency of the ongoing litigation. Class members with pending adjustment of status applications that would be harmed were this provision to end should contact class counsel.

Because of the remand to district court for further proceedings, plaintiffs’ counsel may request information from religious organizations, religious workers, or their counsel, who may be affected by the Ninth Circuit order.

Gabriel Ruiz-Diaz represents a class of alien beneficiaries of special immigrant religious worker visa petitions, and organizations that employ religious workers who maintained that the regulation was invalid under the statute.

The Ninth Circuit attacked the statute, applying Chevron’s two-step analysis (Chevron, USA, Inc. v. Natural Res. Def. Council, Inc, 467 U.S. 837, 1984), concluding that the statute is silent on the timing of visa petitions and applications for adjustment of status. Congress conferred discretion on the Attorney General to devise regulations to implement § 1255(a), and could not say that the agency’s interpretation in 8 C.F.R. § 245.2 (a)(2) (i) (B) is arbitrary, capricious, or manifestly contrary to the statute. The decision stated in part, “This being so, we reverse the judgment and vacate the injunction.”

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com

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Congressional Report Discusses Role of the Military to Secure U.S. Borders

admin — Sat, 14 Aug 2010 15:16:49 +0000

Dallas-based immigration attorney Stewart Rabinowitz offers informed commentary about Congressional Report.

The Secretary of the Department of Homeland Security (DHS) is charged with preventing the entry of terrorists, securing the borders, and carrying out immigration enforcement functions. U.S. Customs and Border Protection (CBP), a component of DHS, has primary responsibility for securing the borders of the United States, preventing terrorists and their weapons from entering the United States, and enforcing hundreds of U.S. trade and immigration laws. Within CBP, the U.S. Border Patrol’s mission is to detect and prevent the illegal entry of aliens across the nearly 7,000 miles of Mexican and Canadian international borders and 2,000 miles of coastal borders surrounding Florida and Puerto Rico.

In 2006, in response to requests for support enforcing federal immigration laws from the governors of Arizona, California, New Mexico, and Texas, President George W. Bush announced the deployment of up to 6,000 National Guard troops along the southern border to support the Border Patrol.

“What Bush did was unprecedented only in respect to the large potential number of National Guard troops to be used explicitly for that purpose, but it was certainly an escalation of the status quo,” explained Dallas-based immigration attorney Stewart Rabinowitz, “Bush also received a lot of political pressure from Conservatives to take such action.”

During 2006-2008, more than 30,000 individuals participated in the mission “Operation Jump Start.”

“There’s considerable debate about what the mission actually jump started,” Rabinowitz said.

The report concluded that illegal drug activities and crime continue. The day after the murder of Arizona rancher Robert Krentz on March 27, 2010, the Border Patrol seized 290 pounds of marijuana near his ranch. “That incident was also one of several catalysts in helping to bring about Arizona’s controversial and now somewhat embattled immigration law, Senate Bill 1070,” Rabinowitz concluded, “Of course it more directly brought about an increased military presence, especially along Arizona’s border with Mexico.”

The primary restriction on military participation in civilian law enforcement activities is the Posse Comitatus Act (PCA). The PCA prohibits the use of the Army and Air Force to execute the domestic laws of the United States except where expressly authorized by the Constitution or Congress.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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U.S. Department of Justice Sues Arizona over SB 1070 on Preemptive Grounds

admin — Sat, 14 Aug 2010 15:14:14 +0000

Dallas-based immigration lawyer Stewart Rabinowitz provides timely insights about the controversial suit.

Citing conflict with Federal Law, the Department of Justice has challenged Arizona immigration law Senate Bill 1070. In a brief filed in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “The Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.”

“Having contradictory state and local policies would disrupt federal immigration enforcement, which isn’t necessarily a good idea,” asserts Dallas-based immigration lawyer Stewart Rabinowitz, “It can be argued that the state of Arizona has crossed a constitutional line.”

The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status.

Rabinowitz amplifies the latter point. “Although the Arizona proponents of S.B. 1070 always insist that racial profiling is expressly prohibited in the language of the bill, in practice, just the opposite effect is likely to occur – considering the socio-political milieu which exists in Arizona,” he said.

In declarations filed with the brief, Arizona law enforcement officials, including the Chiefs of Police of Phoenix and Tucson, said that S.B. 1070 will hamper their ability to effectively police their communities. The chiefs said that victims of or witnesses to crimes would be less likely to contact or cooperate with law enforcement officials and that implementation of the law would require them to reassign officers from critical areas such as violent crimes, property crimes, and home invasions.

“It’s likely that enforcement of S.B. 1070 would lead to near-zero enforcement in many areas – creating a kind of chaos,” Rabinowitz concludes.

The Department filed the suit after extensive consultation with Arizona officials, law enforcement officers and groups, and civil rights advocates. The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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ICE Releases 5-Year Strategic Plan Including High Priority to Workplace Compliance

admin — Sat, 14 Aug 2010 15:11:44 +0000

Between fiscal years 2010 and 2014, ICE will prioritize its efforts on the first three homeland security missions identified in the 2010 Quadrennial Homeland Security Report.

Between fiscal years (FY) 2010 and 2014, ICE will prioritize its efforts on the first three homeland security missions identified in the 2010 Quadrennial Homeland Security Report: (1) preventing terrorism and enhancing security; (2) securing and managing our borders; and (3) enforcing and administering our immigration laws.

These priorities, along with ICE’s goals, objectives, and strategies, leave room for adjustment during the next five fiscal years. These goals will guide enforcement initiatives, budget requests, budget execution, resource allocations, and policy decisions.

1. Prevent Terrorism and Enhance Security

ICE seeks to prevent terrorist attacks against the United States and to dismantle threats to homeland security before they materialize. This includes preventing the entry of people and materials that pose a threat to national security; investigating and removing suspected terrorists or their supporters; and preventing the export of weapons and sensitive technologies that could be used to harm the United States, its people, and its allies. Objectives under this heading include: (1.1) prevent terrorist entry into the United States; (1.2) remove individuals posing a security threat; (1.3) support direct investigation of terrorists, and (1.4) protect the United States and its allies through counter-proliferation investigations.

2. Protect the Borders Against Illicit Trade, Travel, and Finance

Transnational criminal and terrorist organizations attempt to exploit lawful movements and transportation systems and to create alternative, illicit pathways through which people and illegal goods – narcotics, funds and weaponry – can cross the border. ICE plays a critical role in the Department’s layered approach to border security. As DHS’s largest investigative agency, ICE responds to investigate criminal activity if U.S. Customs and Border Protection (CBP) interdicts contraband at the border.

3. Protect the Borders Through Smart and Tough Interior Immigration Enforcement

Protecting and securing the borders involves action overseas, at the border and ports of entry, and inside the United States. ICE will engage in effective enforcement at the border and ports of entry by supporting the apprehension, detention, and removal of newly arriving aliens seeking to enter illegally. Within the United States, ICE will pursue an enhanced worksite enforcement program to reduce the incentive for aliens to come to, enter, and remain unlawfully. Towards this end, ICE will make increasing use of employer I-9 audits, fines and criminal indictments where warranted.

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U. S. Embassy and Consulates Ease Visa Appointments in China

admin — Sat, 14 Aug 2010 15:10:29 +0000

U.S. embassies and consulates liberalize interview appointment policy.

Effective immediately, non-immigrant visa applicants may book interview appointments at any U.S. Consular Section in China, regardless of the province or city where they live. Consular Sections are located at the U.S. Embassy in Beijing and U.S. Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang.

In 2009, almost half-a-million people received non-immigrant visas in China, more than ever before. The United States government is committed to increasing mutual understanding between the United States and China through people-to-people exchange. The U.S. Department of State is hoping that the elimination of restrictions on where visa applicants can make their applications will promote this exchange by making the application process more convenient.

With the boom of non-immigrant visa applications in U.S. embassies and consulates all over the world, the U.S. Department of State is adopting and transitioning office-by-office to its new online Nonimmigrant Visa Electronic Application recently introduced worldwide. The online application is intended to efficiently collect application information from nonimmigrant visa applicants and to facilitate the visa application process.

Formerly, prior to the streamlining of interview appointment policy which has occurred, appointments for non-immigrant visas had to be made at least 45 days in advance of travel. Even after a visa interview was completed, if special processing/checking, or additional information was required, a background check became a necessary prerequisite, and issuance of nonimmigrant visas were typically delayed.

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USCIS Proposes to Increase Fees … Again

admin — Wed, 14 Jul 2010 21:35:44 +0000

U.S. Citizenship and Immigration Services seeks public comment on proposal to adjust fees for immigration benefits. Dallas-based immigration attorney Stewart Rabinowitz weighs in on what he regards as the opposite of “value-added.”

U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions. The proposal, posted to the Federal Register on June 9, 2010, for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation’s immigration laws, process applications, and provide the infrastructure needed to support these activities. This proposed rule results from a comprehensive fee review begun in 2009.

“We are mindful of the effect of a fee increase on the communities we serve and have worked hard to minimize the size of the proposed increase through budget cuts and other measures,” said USCIS Director Alejandro Mayorkas. “Requesting and obtaining U.S. citizenship deserves special consideration given the unique nature of this benefit to the individual applicant, the significant public benefit to the nation, and the nation’s proud tradition of welcoming new citizens. Recognizing the unique importance of naturalization, we propose that the naturalization application fee not be increased.”

But Dallas-based immigration attorney Stewart Rabinowitz does not concur with Mayorkas, or with the underlying premise of fee increases for services not well rendered.

“Most people associate a fee increase with an improvement in service, not a greater expense for worse service,” countered Rabinowitz, “Yet today, the USCIS’s culture of saying ‘no’ in its decision-making thrives. USCIS has even developed new reasons to say ‘no’ adding an element of uncertainty to case adjudications which previously were straightforward. It recently issued the Neufeld H-1B memo which skirts the regulatory process and is of questionable authority as a basis for denying IT staffing H-1B petitions. It has made it nearly impossible gaining an approved L-1B petition by applying standards which are much higher than those set forth in USCIS’s own regulations. Even fixing simple USCIS errors on the face of an approval notice remains an exercise in frustration.”

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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Employers Sue to Enjoin USCIS from Applying Definitions of the Employer-Employee Relationship Contained in the Neufeld Memo to H-1B Adjudications

admin — Wed, 14 Jul 2010 21:34:01 +0000

On June 8, 2010, an application for preliminary injunction and complaint was filed in the U.S. District Court for the District of Columbia which challenges USCIS’s application of the January 8, 2010 Neufeld Memorandum‘s definition of employer-employee relationships. Stewart Rabinowitz, a Dallas-based immigration attorney, offers some pertinent insights.

On June 8, 2010, a group of IT staffing companies, whose H-1B petitions USCIS had denied, filed suit against USCIS in the U.S. District Court for the District of Columbia. The lawsuit Broadgate et al versus United States Citizenship and Immigration Services, et al, challenges the controversial Neufeld Memorandum of January 8, 2010, which allegedly clarifies employer-employee relationships within H-1B visa petition adjudications, but in practice has resulted in a preponderance of H-1B denials.

Individual plaintiffs in the case – Broadgate Inc., Logic Planet Inc., DVR Softek Inc., TechServe Alliance, and the American Staffing Association moved for a preliminary injunction to prevent the USCIS from implementing the policy announced in a January 8, 2010 memorandum issued by Donald Neufeld, Associate Director of USCIS. The memorandum declared that a third-party placement contractor is not a United States employer even though the company hires, pays, supervises, fires its employees, and shares control over them, and even though prior to the implementation of the policy initially announced in the memorandum, such an entity was deemed to be a United States employer. It was the preliminary injunction’s contention that this new policy is arbitrary and capricious, while it explicitly changes an existing regulation, limits USCIS’s discretion, and profoundly affects plaintiffs and others outside the government.

Plaintiffs in the suit allege that the Neufeld Memorandum was at odds with the plain language of the statute and its implementing regulations. The Neufeld Memorandum is premised on the assumption that an employee can have only one employer and that “the real employer” is the entity that exercises the greatest day-to-day control. It therefore proclaims that third-party placement contractors that have an overarching right to supervise their employees, that hire, fire and pay their employees and that share control of those employees nevertheless are not valid employees because they have “No Right to Control; No Exercise of Control.” This binding policy is inconsistent with the plain language of the INA which expressly includes contractors as United States employers.

Stewart Rabinowitz, a Dallas-based immigration attorney, concurs. “Broadgate appropriately challenges USCIS agency action on many grounds. Its Complaint alleges a violation of the Administrative Procedures Act (APA) by substituting a USCIS-issued memo by a person not authorized to issue a rule, instead of following the statutorily mandated notice and comment requirements of the APA.”

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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DHS Uses Video Surveillance at the Northern Border

admin — Wed, 14 Jul 2010 21:32:12 +0000

Surveillance systems deployed to northern border provide situational awareness.

U.S. Customs and Border Protection recently announced the use of the

Remote Video Surveillance System (RVSS) in the Detroit Border Patrol Sector as part of the Secure Border Initiative’s Northern Border Project. The Northern Border Project is part of CBP’s program to use technology as part of its efforts to secure the northern border against illegal border crossers. The project also deployed the surveillance system in the Buffalo Border Patrol Sector in February 2010.

“The Northern Border Project technology deployment provides immediate capability to help Border Patrol agents expand their ability to detect, identify, classify, respond to and resolve illegal cross border activity,” said Secure Border Initiative Executive Director Mark Borkowski. “At the same time, this deployment will provide lessons learned that will enable CBP to design better-tailored, longer-term technology options for the northern border.”

Each RVSS system has a total of four cameras – two day and two night cameras for round-the-clock operations. The Detroit sector deployment has 11 RVSS sites along the St. Clair River, ten of which are completed and operational with the eleventh scheduled for completion by year’s end. The Buffalo sector deployment has 5 RVSS sites along the upper Niagara River all of which are completed and operational.

The use of technology along the northern border is part of a larger border security strategy to assist CBP officers and agents. SBInet is the portion of SBI charged with developing and installing technology solutions to help gain effective control of our borders. The goal is the right mix of technology and personnel for each border sector based on the operational needs of Border Patrol agents.

CBP chose the Detroit and Buffalo sectors for this latest RVSS deployment based on the needs of the Border Patrol and the unique operational area, which consists of coastal maritime, river, urban and rural environments.

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DHS Enhances Air Traveler Security

admin — Wed, 14 Jul 2010 21:30:57 +0000

On June 7, 2010, Secretary Napolitano announced a major aviation security milestone.

Department of Homeland Security (DHS) Secretary Janet Napolitano recently announced that all passengers traveling in the United States and its territories are now being checked against terrorist watchlists through the Transportation Security Administration’s (TSA) Secure Flight program—a major step in fulfilling a key 9/11 Commission recommendation.

Before Secure Flight, each airline conducted its own passenger watchlist screening.

“Secure Flight fulfills a key recommendation of the 9/11 Commission Report, enabling TSA to screen passengers directly against government watchlists using passenger name, date of birth, and gender before a boarding pass is issued,” said Secretary Napolitano. “This program is one of our many layers of security—coordinated with our partners in the airline industry and governments around the world—that we leverage to protect the traveling public against threats of terrorism.”

Under the DHS program, TSA checks each passenger’s name, date of birth and gender against government watchlists for domestic and international flights. In addition to facilitating secure travel for all passengers, the program is designed to prevent the misidentification of passengers who have names similar to individuals on government watchlists. Misidentification has led to a significant number of such cases, a few of them well-publicized.

“We are quite pleased to see the positive outcome from the collaborative work that ATA, its member airlines and TSA have invested in the development of the Secure Flight program,” said Air Transport Association (ATA) President and CEO James C. May. “We are especially pleased that TSA phased program implementation to ensure that commercial airline travelers experience a seamless transition.”

Ninety-nine percent of passengers clear Secure Flight enabling them to print boarding passes at home by providing their date of birth, gender and name as it appears on the government ID they plan to use when traveling at the time of booking their airline tickets. Persons who match watchlist parameters are subject to secondary screening, a law enforcement interview or prohibition from boarding an aircraft, as the facts merit.

The TSA began implementing Secure Flight in late 2009 and expects all international carriers with direct flights to the U.S. to begin using Secure Flight by the end of 2010.

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Dallas Lawyer Weighs in on Temporary Protected Status Designations

admin — Mon, 14 Jun 2010 22:41:24 +0000

Dallas-based immigration lawyer Stewart Rabinowitz of the firm Rabinowitz &Rabinowitz offers some informed comment about recent 18-month extensions of Temporary Protected Status designations for foreign nationals from Nicaragua and Honduras.

U.S. Citizenship and Immigration Services (USCIS) recently announced that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for nationals of Nicaragua and Honduras from the current expiration of July 5, 2010, to the new expiration date of January 5, 2012. During the past year, DHS and the Department of State have reviewed the conditions in Nicaragua and Honduras. Based on this review, Secretary of Homeland Security Janet Napolitano has determined that an 18-month extension is warranted because the conditions that prompted the TPS designation in 1999 following the environmental disaster caused by Hurricane Mitch persist and prevent Nicaragua and Honduras from adequately handling the return of its nationals.

“This timely extension will help nearly 70,000 nationals from Nicaragua and Honduras remain in the U.S. legally and maintain work until their home countries have been able to recover from the damage accrued,” Rabinowitz says.

Under the extension, individuals who have been granted TPS are eligible to re-register and maintain their status for an additional 18 months provided they remain otherwise eligible for TPS. There are approximately 3,000 nationals of Nicaragua and approximately 66,000 nationals of Honduras (including people having no nationality who last habitually resided in either country) who may be eligible for re-registration. TPS does not apply to Nicaraguan or Honduran nationals who entered the United States after December 30, 1998.

To maintain TPS status, Nicaraguan and Honduran TPS beneficiaries must re-register during the re-registration period from May 5 until July 5, 2010. It is important for eligible Nicaraguans and Hondurans to re-register as soon as the re-registration period opens to allow sufficient time for USCIS to complete all the routine background checks and further application processing. Applications from Nicaraguan and Honduran TPS beneficiaries will not be accepted before May 5, 2010.

“USCIS will issue a new Employment Authorization Document to eligible TPS beneficiaries who can re-register in a timely fashion and apply for EADs,” states Rabinowitz. “USCIS is automatically granting a 6-month extension for existing EADs held by Nicaraguan and Honduran TPS beneficiaries, through January 5, 2011.This extension will allow sufficient time for eligible TPS beneficiaries to re-register and receive new EADs without any break in their authorization to be employed,” concludes Rabinowitz.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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Dallas-based Immigration Lawyer Stewart Rabinowitz Offers Insights on Recently Released Report

admin — Mon, 14 Jun 2010 22:40:12 +0000

According to Rabinowitz, of the firm Rabinowitz & Rabinowitz, the report released on April 1, 2010, by Congressional Research Services on U.S. Immigration Policy on Permanent Admissions implies that U.S. policy faces conflicting and still unresolved issues.

Four major principles underlie current U.S. policy on permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees, and the diversity of admissions by country of origin. These principles are embodied in the Immigration and Nationality Act (INA). The INA specifies a complex set of numerical limits and preference categories that give priorities for permanent immigration reflecting these principles. Legal permanent residents (LPRs) refer to foreign nationals who live permanently in the United States.

During FY2008, a total of 1.1 million aliens became LPRs in the United States. Of this total, 64.7% entered on the basis of family ties. Other major categories in FY2008 were employment based LPRs (including spouses and children) at 15.0%, and refugees/asylees adjusting to LPR status at 15.0%. Over 17% of all LPRs come from Mexico, which sent 189,989 LPRs in FY2008.

“But U.S. Immigration Policy is not working well,” asserts Stewart Rabinowitz, a Dallas-based lawyer of the firm Rabinowitz & Rabinowitz, “and neither are efforts to reform it.”

Substantial efforts to reform legal information have failed in the recent past, prompting some to characterize the issue as a “zero-sum game” or a “third rail.”

“The trick is to initiate reforms that balance employer needs by increasing the supply of legally present foreign workers whom the country needs. These include temporary, low skilled, guest workers, and permanent high skilled “best and brightest” workers to keep the U.S. globally competitive while allowing foreign workers to re-unite with their families, and by improving the policies governing immigration comprehensively – and simultaneously,” explains Rabinowitz.

But while state initiated solutions like the controversial Senate Bill 1070 in Arizona have become law to solely address the undocumented population, and an existing federal piece meal enforcement policy such as the somewhat similar 287 (g) program deputizing local and county police to act as immigration officers, neither can be mistaken for an elusive comprehensive policy for immigration reform. Comprehensive reform must address strengthening our borders, creating and implementing a meaningful guest worker program, adequately providing for the high skilled worker needs of the country and deciding upon a policy to address the sizable undocumented population in the country.

“The Arizona law is poorly conceived and sets a dangerous precedent, acting more to polarize and foster discrimination,” Rabinowitz asserts, “and 287 (g) has been an unmitigated disaster, if only from the perspective of documented abuses involving foreign nationals detained by ICE. As far as addressing the significant issues involved, we are still very distant from any sort of comprehensive or meaningful reform. To address competing priorities, some genuine leadership and far-sighted initiatives will be needed, but right now, such a solution seems more like a pipedream,” Rabinowitz concludes.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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ICE releases guidance in investigating U.S. citizenship claims

admin — Mon, 14 Jun 2010 22:37:47 +0000

A recently released memorandum dated November 19, 2009 superseded a prior memorandum issued on November 6, 2008 that provided guidance in investigating claims of U.S. citizenship. The more recent guidance was intended to ensure that claims to U.S. citizenship receive immediate and careful investigation and analysis.

While performing their duties, U.S. Immigration and Customs Enforcement (ICE) agents may encounter aliens who are not certain of their status or claim to be United States citizens (USC). As the Immigration and Nationality Act (INA) provides numerous avenues for a person to derive or acquire U.S. citizenship, ICE agents are directed to handle these matters with the utmost care and highest priority. While some cases may be easily resolved, because of the complexity of citizenship and nationality law, many may require additional investigation and substantial legal analysis. As a matter of law, ICE cannot assert its civil immigration enforcement authority to arrest and or detain a USC. Consequently, investigations into an individual’s claim to U.S. citizenship should be prioritized and Office of Investigations (OI) and Detention and Removal Operations (DRO) personnel must consult with the Office of the Principal Legal Advisors (OPLA)’s local Office of the Chief Counsel (OCC).

When ICE agents encounter an individual who they suspect is without lawful status but claims to be a USC, the situation will fall into one of three categories:

1) evidence indicates the person is a USC; 2) some evidence indicates that the individual may be a USC but is inconclusive; and 3) no probative evidence indicates the individual is a USC.

If evidence indicates the individual is a USC, ICE should neither arrest nor place the individual in removal proceedings. Where there is some probative evidence that the individual is a USC, ICE agents should consult with their local OCC as soon as practicable. After evaluating the claim, if the evidence of U.S. citizenship outweighs evidence to the contrary, the individual should not be taken into custody.
The person may, however, still be placed in removal proceedings if there is reason to believe the individual is in the United States in violation of law. Finally, where no probative evidence of U.S. citizenship exists and there is reason to believe the individual is in the United States in violation of law, the individual may be arrested and processed for removal. In all cases, any uncertainty about whether the evidence is probative of U.S. citizenship should weigh against detention.

If an individual already in custody claims to be a USC, an ICE agent is directed to immediately examine the merits of the claim and notify and consult with his or her local OCC. If the individual is unrepresented, an officer must immediately provide the individual with the local Executive Office for Immigration Review (EOIR) list of pro bono legal service providers.

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USCIS to Issue New Permanent Resident Cards That Are Actually Green

admin — Mon, 14 Jun 2010 22:36:34 +0000

The USCIS will soon issue a redesigned green card that will actually be green.

U.S. Citizenship and Immigration Services (USCIS) announced recently that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card is designed to prevent counterfeiting, obstruct tampering, and facilitate quick and accurate authentication. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format.

Despite the name, Permanent Resident Cards, once called Alien Registration Receipt Cards, have not been green in more than 30 years.

“Redesigning the Green Card is a major achievement for USCIS,” said Director Alejandro Mayorkas.
“The new security technology makes a critical contribution to the integrity of the immigration system.”

The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as proof of authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.

In more detail, new features of the new redesigned cards will include a shift in ink color from gold to green; an embedded radio frequency identification device; tactile laser personalization, an infogram (the holographic image); the before mentioned laser engraved fingerprint, and a unique background design. Other aspects of the new cards will be a featured micro-image, with high resolution pictures of state flags. Optical media will store all digital files, including biometrics, and finally, the cards will incorporate a micro-image, high resolution picture of the current U.S. president.

In keeping with the Permanent Resident Card’s nickname, it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as individuals apply for renewal or replacement.

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Obama Administration Mulls Then Grants TPS for Haitians and Suspends Removals to Haiti

admin — Thu, 18 Feb 2010 04:09:11 +0000

Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, offers some perspectives on the island nation’s current calamitous chaos.

On January 13, 2010, DHS Deputy Press Secretary Matt Chandler, in response to the devastating earthquake epicentered in Port au Prince, Haiti, announced a suspension of removals to Haiti. Chandler said, “Department of Homeland Security Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement Assistant Secretary John Morton today halted all removals to Haiti for the time being in response to the devastation caused by yesterday’s earthquake. ICE continues to closely monitor the situation.”

The Administration considered and on January 15, 2010 granted Temporary Protected Status (TPS) in the wake of the disaster. TPS allows citizens of countries so designated who are in the U.S. illegally to stay and work in the U.S. legally for up to 18 months. Haitians who were residing in the U.S. on the day of the quake and who meet other requirements are eligible to apply. Presently, the DHS is readying for the registration of what DHS estimates to be 100,000-200,000 Haitians eligible to TPS. The registration period will begin on the date that DHS publishes notice in the Federal Register. Qualifying Haitians in the U.S. will have a 180 day window thereafter in which to file. TPS can be extended multiple times depending on Department of State’s assessment of country conditions. “Conditions are horrific there, almost unimaginable,” said Stewart Rabinowitz with the Dallas-based law firm Rabinowitz & Rabinowitz, “I am pleased that the Administration wasted little time in recognizing the severity of the situation.” According to Rabinowitz, Haiti is the poorest nation in the Northern Hemisphere, and this latest natural disaster, a 7.0 magnitude earthquake, the first major event of this kind in at least 200 years, is only the latest in a string of natural disasters. “Haiti has yet to recover from Tropical Storm Fay and hurricanes Gustav, Hanna, and Ike, which pounded Haiti in August and September 2008, killing a total of 793 people and leaving hundreds more missing. The country has also experienced riots over skyrocketing food prices and must endure a continued presence of UN troops to maintain order and now, a major earthquake in a country where buildings possess very little structural integrity.”

At least qualifying Haitians here can register for TPS and obtain employment authorization and can begin to assist family members in Haiti by remittances they will be able to send home to help in that country’s rebuilding process.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.

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ICE Moves Against Human Trafficking

admin — Thu, 18 Feb 2010 03:28:47 +0000

Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, echoes some timely comments against the despicable modern-day practice of human trafficking coincident with ICE efforts to combat the practice.

Recently U.S. Immigration and Customs Enforcement (ICE) described the increasingly prevalent practice of human trafficking, which has emerged as a global phenomenon. “It’s the equivalent of 21st century slavery,” said Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, “It may include forced labor, prostitution, child labor, or indentured servitude, but every day, people of all ages in many countries lead lives of desperation that are anything but quiet. In fact, their situations may be precarious if not also outright dangerous.”

Typical scenarios are varied but may include elements of the following: A young woman is smuggled across the U.S. border with the promise of a better life. Once she arrives here, she is forced to work as a prostitute to pay off her smugglers. With no travel or identity documents and unable to speak the language, she is trapped in a nightmare with little hope for escape.

Human trafficking is a serious cross-border crime, often leading to tragic consequences, and ICE is leading a U.S. federal government effort designed to investigate and dismantle human trafficking organizations.
“Criminal networks are becoming increasingly sophisticated when it comes to human trafficking,” asserted Rabinowitz, “It is a disturbing trend that should be met with an equally sophisticated response to proactively attack these criminal entities.”

The ICE has instituted several programs dedicated to combating human trafficking including:
Assuming the lead role in the Human Smuggling and Trafficking Center (HSTC), the U.S. government’s intelligence center for federal agencies involved in combating human smuggling, human trafficking, and terrorist travel.

ICE is training law enforcement and government partners around the world, conducting training sessions on trends in trafficking, undercover operations, and conducting investigations in foreign countries.

ICE is overseeing a variety of outreach and public awareness efforts, including the “Hidden in Plain Sight” campaign to educate citizens on recognizing the signs of human trafficking and reporting suspected trafficking victims.

ICE’s efforts are paying off. The agency opened 566 human trafficking investigations in Fiscal Year 2009, a 31 percent increase over the previous fiscal year and which led to 388 arrests, 148 indictments and 165 convictions.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.

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ICE Expands Efforts to Locate Criminal Aliens in Additional California Counties

admin — Thu, 18 Feb 2010 03:26:41 +0000

Sacramento and Solano Counties’ law enforcement agencies are the first in northern California to benefit from a program developed by the Departments of Justice and Homeland Security that identifies and removes dangerous criminal aliens.

On January 12, 2010, law enforcement agencies in Sacramento and Solano counties became the first counties in northern California to participate in an initiative developed by the Departments of Justice (DOJ) and Homeland Security (DHS), referred to as Secure Communities. The Secure Communities program has been designed to remove dangerous criminal aliens from the community and is administered by U.S.Immigration and Customs Enforcement (ICE). Secure Communities permits ICE to determine whether an individual arrested by a participating state or local law enforcement agency is a dangerous criminal alien so ICE can take the appropriate action to remove the individual from the community.

The Secure Communities program makes biometric identification technology accessible to the local law enforcement agencies in Sacramento and Solano counties that use electronic booking machines. Formerly as part of the booking process, local arrestees’ fingerprints were taken and checked for criminal history information against the DOJ biometric system maintained by the FBI. Under Secure Communities’ processing, that fingerprint information will now be simultaneously checked against both the FBI criminal history records and the biometrics-based immigration records maintained by the DHS.

If there is a match with fingerprints in DHS’s biometric system, the new automated process notifies ICE, enabling the agency to take appropriate action to ensure dangerous criminal aliens are held until ICE can transfer them into ICE’s custody. The agency gives top priority to foreign nationals who pose the greatest threat to public safety, such as those with prior convictions for major drug offenses, murder, rape, robbery and kidnapping.

“Secure Communities provides local law enforcement with an effective tool to identify dangerous criminal aliens,” said Acting Secure Communities Executive Director Marc Rapp. “Enhancing public safety is at the core of the ICE’s mission. Our goal with Secure Communities is to use information sharing to prevent criminal aliens from being released back into the community, with little or no additional burden on our law enforcement partners.”

Sacramento and Solano counties join five other California counties participating in the Secure Communities program.

Since October 2008 when the program began, Secure Communities has identified more than 11,000 foreign nationals charged or convicted with Level 1 crimes, such as murder, rape and kidnapping.

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Administration Makes Recommendations to Enhance Air Travel Security

admin — Thu, 18 Feb 2010 03:23:50 +0000

The Obama Administration has announced several recommendations made to the President for improving the technology and procedures used to protect air travel from acts of terrorism.

Department of Homeland Security (DHS) Secretary Janet Napolitano, White House Press Secretary Robert Gibbs, and Assistant to the President for Counterterrorism and Homeland Security John Brennan have announced several recommendations to improve the technology and procedures to protect the traveling public from acts of terrorism. The five recommendations were developed in response to the security reviews which President Obama ordered after the attempted terrorist attack on December 25, 2009. “The attempted attack on Christmas Day is a powerful illustration that terrorists will go to great lengths to try to defeat the security measures that have been put in place since September 11, 2001,” said Secretary Napolitano, “These recommendations will strengthen aviation security – at home and abroad – through new partnerships, technology, and law enforcement efforts.”

The five recommendations proposed by DHS include:

Re-evaluating and modifying criteria and processes used to create terrorists watch lists – including adjusting how names are added to the “No-Fly” and “Selectee” lists.

Establishing an aviation security partnership between DHS and the National Laboratories of the Department of Energy to develop technologies to deter and disrupt known threats and proactively anticipate and protect against new ways terrorists board an aircraft.

Accelerating deployment of advanced imaging technology to provide better explosives detection capabilities – and encouraging foreign aviation security authorities to act likewise to identify materials such as those used in the Christmas attack. The Transportation Security Administration currently has 40 machines deployed throughout the United States, and plans to deploy at least 300 additional units in 2010.

Strengthening the presence and capacity of aviation law enforcement by deploying law enforcement officers from across DHS to serve as Federal Air Marshals to increase security aboard U.S.-bound flights.

Working with international partners to strengthen international security measures and standards for aviation security.

Secretary Napolitano travels to Spain later in January to meet with her European counterparts as part of a series of global meetings designed to develop consensus on new international security standards for aviation security.

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USCIS Plans Anti-Fraud Efforts Concerning H-1B

admin — Thu, 18 Feb 2010 03:21:40 +0000

Immigration lawyer Stewart Rabinowitz of the Dallas-based firm Rabinowitz & Rabinowitz offers some perspective on how USCIS plans to prevent, detect, and address fraud within the H-1B visa program in 2010.

In September 2008, USCIS published a report entitled H-1B Benefit Fraud & Compliance Assessment of the H-1B visa program. As background, the H-1B classification permits a foreign national to work for a U.S. employer in a position deemed professional, and which requires at minimum a bachelor’s degree. Each H-1B employer must certify to the Department of Labor that the wage paid to the foreign national by the H-1B employer is the required wage (frequently the prevailing wage) in the area of intended employment, and must document the source of establishing wage offered, in addition to meeting many other technical requirements. USCIS collects substantial fees for filing H-1B petitions, including a $500.00 anti-fraud fee.The anti-fraud fee is currently $500.00. As of 2009, USCIS had collected approximately $90 million in anti-fraud fees.

The report, based on a sampling of 246 cases from a total population of 96,827 cases, revealed fraud in 33 cases of the sample, and technical violations in 18 cases.

In response to the report, U.S. Senator Charles E. Grassley (R-Iowa) wrote USCIS asking what plans the agency has to counter fraud and technical violations which the 2008 report revealed. “The USCIS response to Senator Grassley’s letter was in itself revealing,” says Stewart Rabinowitz, an immigration lawyer for the Dallas-based firm Rabinowitz and Rabinowitz, “In a public response to Senator Grassley’s letter, they stated that they’d be seeking greater evidence from petitioning H-1B employers that an H-1B employee will be performing at a site where that employer may place that worker, that USCIS will be expanding its site visit inspections of H-1B employers to approximately 25,000 (up from about 5,000 in 2009), and that USCIS will begin using open source commercial means to independently verify employer information.”

Rabinowitz can see the writing on the wall. “In this time of economic downturn, it is clear that USCIS will subject U.S. employers to greater scrutiny prior to approving an H-1B petition, requiring that even relatively simple H-1B cases become minutely well documented and thus become more expensive to prepare,” Rabinowitz asserts, “ H-1B employers should be prepared to document compliance with each of the requirements of the H-1B program, and with 25,000 inspections taking place, H-1B employers should expect a visit from USCIS agents during 2010.” But to what end? “This may result in a chilling effect, causing potential H-1B employers to not use the H-1B program, an outcome that may not benefit U.S.employers or U.S. workers in the long run. A U.S. employer who is unable to find required but scarce talent domestically and chooses to forego using the H-1B program to employ needed and available foreign talent may be less competitive globally as a consequence,” Rabinowitz concludes.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.

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Customs and Border Protection (CBP) Releases 2009 Fiscal Year in Review

admin — Thu, 18 Feb 2010 03:03:15 +0000

Particulars to the CBP 2009 Fiscal Year in Review especially pertinent to immigration are summarized.

Recently, U.S. Customs and Border Protection released its fiscal year 2009 in review fact sheet touting agency accomplishments during the last fiscal year. In it, U.S. Customs and Border Protection made significant progress through targeted operations, increases in staffing and training, additional infrastructure and better technology to meet its border patrol mission, while facilitating legitimate travel and trade.

CBP personnel encountered more than 224,000 inadmissible aliens and apprehended more than 556,000 at and between air, sea, and land ports of entry. During the same time period, CBP ports of entry apprehended more than 9,500 people wanted for a variety of charges, to include serious crimes such as murder, rape, and child molestation.

The Office of Border Patrol met the goal of hiring 6,000 Border Patrol agents and employed more than 18,000 agents before the end of the 2008 calendar year. Military veterans accounted for 23 percent of newly hired agents.

CBP experienced growing diversity as nearly one in three employees currently working in the border security agency are Hispanic. As a result of targeted outreach to underrepresented groups and recruitment activities, the number of women in CBP’s workforce increased by nearly 1,200 employees during FY09. The Canine Program expanded the implementation of new canine initiatives.

Border Patrol agents improved border security, reducing the number of apprehensions along the U.S.-Mexican border by 23 percent in FY09. Border Patrol made significant progress with denying illegal entry to aliens from countries other than Mexico, and continued to inform would-be border crossers of the dangers of border crossing. Violence against Border Patrol agents decreased with a 2 percent decrease in assaults on agents compared with FY08. The highly successful Operation Streamline continued in the Del Rio, Yuma, Laredo, and the Rio Grande Valley Border Patrol sectors resulting in an increase in criminal prosecutions and a reduction in apprehensions.

CBP officers at 327 ports of entry inspected 361.2 million travelers and more than 108.5 million cars, trucks, buses, trains, vessels, and aircraft.

CBP also launched a national television, print, and online advertising campaign to educate the public about new travel document requirements on June 1, 2009, under the Western Hemisphere Travel Initiative.

CBP also added 13 ports of entry to its Global Entry program which is a program designed to expedite screening and clearance of low risk, pre-approved U.S. citizen and green card holding travelers. 22000+ travelers now participate in the program.

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United States and Canada Announce Efforts to Expedite Travel

admin — Thu, 18 Feb 2010 03:01:23 +0000

The United States and Canada announce initiatives to combat common threats and expedite travel and trade.

On November 24, 2009, U.S. Department of Homeland Security Secretary Janet Napolitano and Public Safety Canada Minister Peter Van Loan announced initiatives between the United States and Canada that enhanced their shared commitment to tackle common threats like terrorism and organized crime while ensuring the lawful flow of travel and trade across the border.

The announcement came after Secretary Napolitano and Minister Van Loan met for the second of their formal biannual meetings; the Secretary and the Minister have also met three other times in 2009.

The parties reviewed progress on the mutual goals announced in May which included enhancing information sharing and expanding integrated law enforcement, while protecting privacy and economic security.

“Close cooperation and coordination between the United States and Canada is critical to the national and economic security of both nations,” said Secretary Napolitano. “Minister Van Loan and I are committed to working together to combat transnational threats and facilitate lawful travel and trade on both sides of the border.”

“A shared understanding of the threats and risks we face is paramount to our common objective of enhancing U.S.-Canadian security. We are working together to achieve this,” said Minister Van Loan. “We have a joint responsibility to secure the safety of our citizens.”

The initiatives include a number of bullet points.

Streamlining Border Shipping: Canada and the United States have agreed to work toward aligning the U.S. Customs Trade Partnership Against Terrorism (C-TPAT) and Canada’s Partners in Protection (PIP) program, in an effort to achieve harmonization as quickly as possible.

Maritime Emergency Cooperation: Canada and the United States have created a Maritime Annex to the Joint Framework for the Movement of People and Goods During and Following Emergencies.

NEXUS and FAST Cards Now Accepted Everywhere: Canada will join the United States in recognizing NEXUS and Free and Secure Trade (FAST) trusted traveler program cards as valid identification documents in all lanes at all land and sea border ports of entry beginning November 25, 2009.

Immigration Information Sharing: The United States will join a biometric data sharing initiative involving Canada, Australia, the United Kingdom, and eventually New Zealand.

Fighting Money Laundering and Terrorist Financing: The two countries are in the final stages of completing a Memorandum of Understanding to share data on currency seized at the border.

Combating Human Trafficking: Collaboration is to be enhanced on efforts to combat human trafficking in both nations and across the U.S.-Canada border.

Security Cooperation: It was agreed to exchange best practices and broaden collaboration in the areas of critical infrastructure protection and countering violent extremism.

Continuing Cooperation: Minister Van Loan and Secretary Napolitano expect to meet again in approximately six months to continue their strategic work on mutual initiatives to combat security threats and expedite travel and trade.

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DHS Releases 2008 Estimates of U.S.

admin — Mon, 14 Dec 2009 19:13:08 +0000

Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, offers informed commentary about the estimates of the 2008 U.S. legal permanent resident population.

The Department of Homeland Security (DHS) recently released information regarding the legal permanent resident (LPR) population living in the United States as of January 1, 2008, and has estimated that 12.6 million LPRs lived in the United States on that date. The LPR population includes persons granted lawful permanent residence, but not those who have become U.S. citizens. One-half obtained LPR status in 2000 or later; one-quarter became LPRs during 2005-07.

Data on the size and characteristics of the foreign-born population are needed to assess the impact of immigration and integration of immigrants into U.S. society. Stewart Rabinowitz, an immigration lawyer from the Dallas-based law firm Rabinowitz and Rabinowitz, explains how the estimates are compiled. “The decennial census and monthly household surveys of the Census Bureau include questions on place of birth, citizenship, and year of entry into the United States. This data provides information on the total foreign-born population, naturalized citizens, and non-citizens. National population data on the major subcategories of non-citizens, including LPRs, students, temporary workers, and unauthorized immigrants, however, are not readily available from any source and must be estimated.”In 1981, Congress discontinued an alien registration program which required all legal resident aliens to report their status annually to the legacy Immigration and Naturalization Service making direct calculations since then more difficult.Immigration data collected by DHS measures administrative events such as the number of aliens granted lawful permanent residence or the number approved for asylum, but not the population of legal permanent residents or the population as of asylees living in the United States at a point in time. Estimates of the LPR population have been derived primarily from Census and DHS data by estimating a base population as of a certain date and adding subsequent components of population change. Adds Rabinowitz, “A variant of this approach has been used by DHS to estimate the resident LPR population since 2002.”

Separate population estimates were developed for LPRs who entered the United States before 1980 and during the interval between 1980 and 2007. Two sets of estimates were added together to obtain the overall estimated population as of January 1, 2008.

To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.

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ICE Informs Public About Human Trafficking Modern Day Victims

admin — Mon, 14 Dec 2009 19:08:05 +0000

Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz and Rabinowitz, weighs in on the recent ICE decision to educate the public about modern day victims of human trafficking.

U.S. Immigration and Customs Enforcement (ICE) has issued a media initiative to inform the public about the horrors and prevalence of human trafficking, which is modern-day slavery.

A public service announcement campaign, “Hidden in Plain Sight,” is intended to draw the American public’s attention to the plight of human-trafficking victims in the United States. Victims of human trafficking are often sexually exploited and forced to work against their will.

“Hidden in Plain Sight” was rolled out last month on posters, billboards and transit shelter signs in major metropolitan areas such as Atlanta, Boston, Dallas, Detroit, Los Angeles, Miami, Philadelphia, Newark, New Orleans, New York, St. Paul, San Antonio, San Francisco, and Tampa. Asserts Stewart Rabinowitz of the Dallas-based law firm Rabinowitz and Rabinowitz, “The goal is to raise public awareness about the existence of human trafficking in communities nationwide and ask members of the public to take action if they encounter possible victims. ICE is hoping that by going directly to the American public they can root out the criminals associated with human trafficking. “

“It would shock the majority of Americans,” states Rabinowitz, “that slavery still exists today in communities throughout our country. This heinous crime is well hidden, which means that the public has to be educated about human trafficking and encouraged to stay alert for possible victims.”

Current estimates are that 800,000 men, women and children are trafficked around the world every year. These victims are trafficked into the commercial sex trade and into forced-labor situations. Many of these victims are lured from their homes with false promises of well-paying jobs; instead, they are coerced into prostitution, domestic servitude, farm or factory labor, or other types of forced labor.

The greatest challenge in combating human trafficking is victim identification. These victims end up in a foreign country, often unable to speak the language and without anyone to advocate for them.

“Traffickers often take the victims’ travel and identity documents. They tell their victims that if they attempt to escape, their families back home will be either physically or financially harmed,” concludes Rabinowitz.

To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.

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Receipt of Public Benefits Do Not Always Bar Permanent Residency Status

admin — Mon, 14 Dec 2009 19:04:18 +0000

The United States Citizenship and Immigration Service (USCIS) recently clarified that a foreign national’s receipt of certain public benefits does not necessarily make that foreign national ineligible to become a lawful permanent resident.

The bar to residency in the U.S. based upon the foreign national being a public charge has been part of U.S. immigration law for more than 100 years. An individual who is likely to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. Receiving public benefits, however, does not automatically make an individual a public charge.

Immigration laws have generated some concern about whether a foreign national may face adverse immigration consequences for having received federal, state, or local public benefits. Some foreign nationals and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunization, and children’s nutrition and health care programs – without being found to be a public charge.

Benefits not subject to public charge consideration are those that involve non-cash benefits and that are not intended for income maintenance. Additional benefits include:

Medicaid and other health insurance and health services (including public assistance for immunizations, and for testing and treatment of symptoms of communicable diseases), use of health clinics, short term rehabilitation services, prenatal care, and emergency medical services other than support for long-term institutional care

Children’s Health Insurance Program (CHIP)

Nutrition programs

Housing benefits

Child care services

Energy assistance programs

Emergency disaster relief

Foster care and adoptive assistance

Educational assistance (such as attending public school)

Job training programs

In-kind, community-based programs, services or assistance

Subsidized child care or transit subsidies

Title II Social Security benefits, government pensions, and veterans’ benefits

Unemployment compensation is also not considered for public charge purposes

While some of the above programs might provide cash benefits, the purpose of such benefits is not for income maintenance, but rather to avoid the need for ongoing cash assistance for income maintenance, and do not adversely impact foreign nationals’ admissibility on the issue of public charge.

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HHS Removes AIDS as Disease of Public Health Significance

admin — Mon, 14 Dec 2009 19:02:07 +0000

The U.S. Department of Health and Human Services removes HIV as a disease of public health significance affecting foreign nationals seeking admission to the United States.

The Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), has removed Human Immunodeficiency Virus (HIV) infection from its definition of communicable disease of public health significance. Prior to this final rule, aliens with HIV infection were considered to have a communicable disease of public health significance and were thus inadmissible to the United States. While HIV infection is a serious health condition, the CDC has determined that it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact.

As background, beginning in 1952, the language of the immigration statutes mandated that aliens “who are afflicted with any dangerous contagious disease” are ineligible to receive a visa and therefore are excluded from admission into the United States. In April 1986, prior to the recent developments in medicine and epidemiologic principles concerning HIV infection, HHS published a proposed rule to include acquired immunodeficiency syndrome (AIDS) as a dangerous contagious disease. Also during this time, HHS separately published a proposed rule to substitute HIV infection for AIDS on the list of dangerous contagious diseases. While this proposed rule was pending public comment, Congress added HIV infection to the list of dangerous contagious diseases. Accordingly and immediately, aliens infected with HIV became ineligible to receive visas and were excluded from admission into the United States.

In recognition of both medical advances and CDC’s re-evaluation of HIV’s health impact on the U.S. population, in the summer of 2008, Congress amended the immigration statutes on HIV infection returning to the Secretary of HHS the discretion for determining whether HIV infection should remain in the definition of communicable disease of public health significance, discretion which the Secretary recently exercised by removing HIV infection from the definition of communicable disease of public health significance.

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New York Mayor Bloomberg Uses Immigrant Advocacy in Re-Election Bid

admin — Fri, 20 Nov 2009 20:12:25 +0000

Stewart Rabinowitz of the Dallas-based law firm Rabinowitz and Rabinowitz praises Mayor Bloomberg’s plan Immigrants: The Lifeblood of New York City.

Mayor Bloomberg understands the critical role that immigrants play in our economy and communities. In 2006, he urged a comprehensive and pragmatic policy for immigration reform, which would point the undocumented to the path of U.S. Citizenship. As a leader in welcoming and integrating immigrants into the tapestry of American communities, Mayor Bloomberg has established a uniform policy and standards for translation or interpretation services for agencies that have direct contact with New Yorkers. Each agency provides language assistance in the six major languages spoken in New York. He also signed an Executive Order that prohibits city workers from inquiring about the legal status of immigrants unless they are suspected of criminal activity.

“From establishing Immigrant Heritage Week to teaming up with immigrant advocacy groups to ensure a true count of New York City residents in the 2010 Census, Mayor Bloomberg has proven himself a leader, when it comes to immigrant concerns and priorities,” asserts Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz and Rabinowitz. One of the initiatives that Mayor Bloomberg is implementing is called Immigrants: The Lifeblood of New York City. Rabinowitz finds this praiseworthy. “This will maximize the contributions that immigrants provide to our economy while helping to facilitate their integration into our communities,” he explains.

Part of Mayor Bloomberg’s initiative is to ensure that every New York immigrant who has the desire to learn the English language will be given the opportunity to do so. Limited English skills prevent immigrants from being able to access the most trustworthy options to get out of poverty. With immigrant children in mind, Mayor Bloomberg also has plans that focus on helping them to achieve goals of employment for students still learning English, pursuing higher education and to identify strategies for eliminating the achievement gap. Concludes Rabinowitz, “Mayor Bloomberg recognizes how crucial it is to make sure that immigrant children have the necessary resources needed to succeed.” Immigrants: The Lifeblood of New York City is a way to impart a significant portion of Mayor Bloomberg’s vision for his third term as well as continuing his record of supporting New York’s diverse immigrant community.

To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.

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U.S. Customs and Border Protection Issues Canadian Thanksgiving Travel Reminder

admin — Sun, 15 Nov 2009 20:09:51 +0000

Immigration lawyer Stewart Rabinowitz of the law firm Rabinowitz and Rabinowitz offers some ideas for travelers in conjunction with Canadian Thanksgiving.

Canadian Thanksgiving was celebrated simultaneously with the Columbus Day weekend in the U.S., during the second weekend of October. U.S. Customs and Border Protection issued a reminder on October 8, 2009, to travelers planning trips across the border into the United States to have their approved travel documents ready for inspection and to brace for heavy traffic during the celebration of the Canadian Thanksgiving on Monday, October 12. Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz and Rabinowitz, provides additional detail concerning the Western Hemisphere Travel Initiative (WHTI), which is now applicable to travelers on either side of the United States – Canada border. “The Western Hemisphere Travel Initiative, implemented on June 1, 2009, requires U.S. and Canadian citizens, age 16 and older, to present a valid acceptable and approved travel document that denotes both identity and citizenship when entering the U.S.by land or sea. Border travelers must have a passport, U.S. passport card, or an enhanced driver’s license. The latter, referred to as an EDL, is available in only four U.S. states – New York, Michigan, Vermont, and Washington, as well as four Canadian Provinces – Quebec, Ontario, Manitoba, and British Columbia,” Rabinowitz explains. An alternative document is a Trusted Traveler Program card (NEXUS, SENTRI, & FAST). Canadian Border Patrol (CBP) also reminds U.S. lawful permanent residents that the I-551 form (green card) is acceptable for land and sea travel into the U.S.

Rabinowitz suggests that travelers familiarize themselves with the “Know Before You Go” information available from the U.S. Customs and Border Protection (also available on the Canadian Border Patrol website) to avoid fines and penalties. Travelers should prepare for the inspection process prior to arriving at the inspection booth. “Individuals should have their crossing documents available for the inspection and they should be prepared to declare all items acquired abroad,” he explains.

Another issue can be a traveler’s cell phone. “People crossing the border should end cellular phone conversations before arriving at the inspection booth. These can be very distracting,” Rabinowitz concludes.

To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.

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DHS Rescinds Its Safe-Harbor Procedures for No-Match Letters

admin — Tue, 10 Nov 2009 20:08:25 +0000

The Department of Homeland Security (DHS) has proposed amending its regulations by rescinding its safe-harbor procedures for employers who receive a no-match letter.

DHS recently announced that it has rescinded regulations which provided a safe harbor for employers who took specific steps in response to receiving a Social Security Administration (SSA) “employer correction request,” informally referred to as an employer “no-match” letter. The SSA issues a no-match letter when an employer’s W-2 information fails to match SSA records. Employers annually send the SSA millions of earnings reports (W-2 forms) in which the combination of an employee’s name and social security number (SSN) does not match SSA records.

As background, various persons sued DHS and the court hearing the suit granted an injunction against implementation of these provisions. The regulations provided an expanded definition of circumstances leading to “constructive knowledge” under which an employer could legally be charged with “knowing” that an employee was an “unauthorized alien.” An employer who would follow the “safe harbor” procedures set forth in the no-match regulations avoids only the risk of being found to have “constructive knowledge” that an employee is not authorized to work in the United States based on receipt of a no-match letter. This does not prevent DHS from finding that an employer had constructive knowledge in other ways, or that an employer had actual knowledge that an employee was an unauthorized alien. Note that there are many causes for a “no-match.” These may be clerical errors and name changes even for work authorized employees, apart from the submission of information for an alien who is not authorized to be employed in the United States. In the latter case, an employee may be using a false SSN or a SSN assigned to another person. The now rescinded rule provided that employers who took specified steps were sheltered from a charge of “constructive knowledge” of an employee’s non-work authorized status should that employee turn out to have been authorized to work, documents notwithstanding.

DHS has concluded that the electronic employment verification system (E-verify), in concert with other DHS programs, such as ICE’s IMAGE, will provide better tools for employers to reduce incidences of unauthorized employment and to more accurately detect and deter the use of fraudulent identity documents by employees.

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Annual Diversity Immigrant Visa Program Entries Rise

admin — Thu, 05 Nov 2009 20:06:13 +0000

Over 900,000 entries for the Annual Diversity Immigrant Visa Program have already been submitted for 2011. This was just during the initial week – a 63% increase over last year.

The U.S. Department of State initiated the registration period for DV-2011 on October 2, 2009. The Diversity Visa Program – this year referred to as DV-2011 –is congressionally mandated visa category which selects individuals through a random drawing and makes available 55,000 immigrant visas every year, drawn from all entries and issued to persons who meet strict eligibility requirements and who are from countries with low rates of immigration to the United States. Successful applicants receive notification of their selection via mail between May and July 2010, and will be permitted to begin the Immigrant Visa application process in October of 2010. DV-2011 immigrant visa must be issued by September 30, 2011.

During the first week of eligible submissions, the Department of State received more than 900,000 entries for the Annual Diversity Immigrant Visa Program. In DV-2011, the Department of State anticipates more than 13,000,000 entries by November 30, 2009, the day when registration for DV-2011 closes.

There is no fee to enter DV-2011. Successful entrants will be required to pay applicable application fees and costs including those for medical examinations, for themselves and for immediate relatives who also qualify. Entries must be submitted online. All successful entrants will be notified by mail, but entrants who retain their online confirmation page will be able to check their entry status via the Internet.

Nationals from countries which have sent more than 50,000 immigrants to the United States over a five-year-period are not eligible. Thus, individuals whose birthplace is Brazil, Canada, China, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam are not allowed to enter. Additionally, the law requires that every immigrant must possess (at minimum) a high school education or equivalent work experience.

Issuance of immigrant visas (green cards) is part of this so-called “green card lottery” or “dvlottery,” due to the fact that the winners are selected through a random drawing.

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USCIS Advises Certain Religious Workers to File Their Adjustment Applications Before August 31, 2009

admin — Tue, 29 Sep 2009 16:33:32 +0000

The United States Citizenship and Immigration Service (“USCIS”) has advised special immigrant religious workers under the Ruiz-Diaz class action lawsuit to file their adjustment applications before the end of August 2009.

As background, USCIS current regulations prohibit the simultaneous filing of both a special immigrant religious worker immigrant visa petition and the foreign national religious worker’s adjustment of status application. Instead, the special immigrant religious worker visa petition must be filed first, and once approved, the foreign national religious worker may file to adjust status in the United States.

In the Ruiz-Diaz class action litigation, the District Court for the Western District of Washington entered an order on June 11, 2009, finding that the prohibition on concurrent filings was invalid and unenforceable as applied to religious workers. The Court ordered the USCIS to accept properly filed simultaneous filings of both the special immigrant religious worker petition and the foreign national’s application to adjust status. It further ordered USCIS to provide notice to each person or entity who has a pending religious worker immigrant visa petition. The Order permits foreign national religious workers who are either ministers or non-ministers to file for adjustment of status based on a pending or approved special immigrant religious worker petition, or to simultaneously file both a petition and an adjustment application concurrently.

Unfortunately, visa numbers for religious workers become unavailable in September 2009. Those religious workers who do not file before the August 2009 cut-off date must wait until visa numbers become available again on or after October 1, 2009.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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DHS Announces Guidance Regarding Computer Searches

admin — Mon, 28 Sep 2009 17:47:50 +0000

Department of Homeland Security (DHS) Secretary Janet Napolitano recently announced new guidance for searches of electronic devices at U.S. ports of entry. The guidance provides additional information regarding how DHS conducts searches and when travelers may expect return of their electronic property.

In the past, DHS searched a briefcase or backpack and examined photographs, work material, notes, or journals. With the advent of electronic media storage especially in laptop computers, the volume of information which a traveler frequently carries has dramatically increased. DHS searches of laptops have raised privacy concerns as to the policies governing searches of such devices. DHS has increasingly focused on electronic searches because, according to DHS, electronic storage devices have become the latest method of smuggling digital contraband into the U.S.

As background, U.S. laws authorize DHS to conduct searches for all travelers at U.S. ports of entry, including U.S. citizens. The searches may be conducted without a warrant and without suspicion.
DHS will follow certain principles in conducting electronic searches. It seeks to: (1) Be transparent in providing notice to the traveler of how it will handle personal identifiable information; (2) Gain participation of the traveler; (3) Provide the traveler with the authority which permits the collection of personally identifiable information; (4) Minimize both personally identifiable information and time which such DHS retains information; (5) Use the personally identifiable information only for purposes stated in the notice to the traveler; (6) Ensure that the personally identifiable information is accurate, relevant, timely and complete; (7) Secure personally identifiable information of the traveler; and (8) Remain accountable for complying with the foregoing principles.

In conducting inspections of travelers at U.S. ports of entry, DHS addresses any initial concerns regarding a traveler. If more resolution is needed, a DHS officer may refer the traveler and his or her possessions for a secondary inspection. At any point, DHS may elect to search the traveler’s belongings including electronic media devices.

Should DHS search an electronic device, once all concerns have been addressed, DHS returns the device to the traveler. Should DHS detain the device, typically it does so for up to 30 days unless extenuating circumstances exist. Note that DHS may copy the contents of electronic devices instead of detaining the device, with or without the traveler’s knowledge or consent. DHS policy is to detain no more than 30 days without supervisory approval. Should DHS establish probable cause, it can seize the device, and under some circumstances forfeit the device to the government.

DHS advises that between October 1, 2008, and August 11, 2009, it inspected approximately 221,000,000 people and searched approximately 1,000 laptops. Of the 1,000 laptop searches, only 46 DHS searched were in-depth.

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The Sad Story of Juana Venada

admin — Mon, 28 Sep 2009 16:31:35 +0000

Texas Civil Rights Projects filed suit against the state’s Department of Public Safety over restrictive requirements to obtain valid driver’s licenses. Among the plaintiffs in the case was Juana Venada, a Mexican national and single mother of three children, who was victimized under punitive Texan rules when she attempted to obtain a driver’s license.

Juana Venada is a Mexican national residing legally in the United States with her three children, the eldest aged ten. The sole caretaker of her children, she lives in Austin, Texas.

In April and May 2009, the Department of Public Safety (DPS) twice refused Ms. Venada’s application for a driver’s license. DPS first denied her application on the basis that her USCIS Employment Authorization Document and social security number were insufficient to establish her legal presence in the United States, and then denied her on the basis that her documents may have been falsified. Without a valid driver’s license, she has been forced to drive illegally to maintain employment and support her family.

She had been married to a U.S. citizen who subjected her to years of physical and emotional abuse. In February 2009, she filed for U.S. immigrant benefits herself, under the federal Violence Against Women Act, which was approved; thus, granting her legal status in the United States while she awaits the opportunity to become a legal permanent resident.

As the spouse of an American citizen, Ms. Venada was eligible to become a legal permanent resident. But her vindictive spouse used his legal status as a domination tool; having the sole power to submit a petition for her, he refused. He further threatened to have Ms. Venada deported and separated from her children, and in September 2006, he followed through on that threat, leading to Ms. Venada’s arrest, incarceration, and near-deportation.

Following two additional years of emotional turmoil and difficulties engendered by her abuser’s actions, she followed the advice of her attorney, and applied for a valid Texas driver’s license – only to be denied due to restrictive rules established by the Department of Public Safety.

The rules involved for granting licenses to foreign nationals who are in Texas on a temporary, legal basis are stamped on a special vertical small document and assigned a “temporary visitor” classification that appear to be discriminatory without bolstering the document’s validity or protecting against fraud – ostensibly the reasons for the special treatment being meted out.

Ms. Venada, both in the United States legally and authorized to work by USCIS, now faces a new challenge to continue to support her family: getting a state-issued driver’s license. The pending litigation against the Texas Department of Public Safety will one day provide Ms. Venada her day in court, and it is hoped, relief from the state’s restrictive driver’s license rules.

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Summer Voluntary Humanitarian Repatriation Resumes to the Mexican Interior

admin — Sun, 27 Sep 2009 17:48:29 +0000

A program of voluntary humanitarian repatriation has been continued for the sixth consecutive year.
The U.S. and Mexican governments recently announced resumption of a voluntary program to return Mexican nationals, who are unlawfully in the United States and who have been apprehended in the Sonora Arizona desert area, to the Mexican interior as a way of preventing loss of life for certain at risk Mexican populations. Increasing numbers of incidents along the U.S.-Mexican border regions from California to Texas involved directly or peripherally with contraband smuggling or illegal transportation of people, with escalating levels of violence, have been reported. An alarming level of killings, kidnappings, and other criminal activity has been frequently reported in the press and is occurring. Verified incidents of violence are also on the rise in recent years.

In a program referred to as the Mexican Interior Repatriation Program or the MIRP, the United States Department of Homeland Security and the Mexican Ministry of Foreign Affairs, and the Mexican Ministry of the Interior recently announced the resumption of the MIRP for the sixth consecutive year. The program represents voluntary cooperation between both governments with the dual goal of reducing loss of life and fighting organized crime linked to the smuggling persons into the U.S.

The MIRP identifies Mexican nationals caught in the Arizona desert sector who are taken to certain U.S. Department of Homeland Security facilities where they meet with Mexican Consular officials, are screened medically, and then offered the chance to return voluntary to their places of origin within the Mexican interior. The MIRP further considers persons who may be vulnerable to the Arizona summer heat because of their age, or who may be vulnerable to exploitation by criminal gangs operating in the area because of the distance to their hometowns in Mexico, for participation in the program. The MIRP runs daily flights from Tucson, Arizona, to Mexico City. Participants then take buses for the final leg of the trip back home. The MIRP excludes participation by foreign nationals convicted of violent crimes.

This year’s first MIRP flight left Tucson on August 22, 2009. The MIRP runs through September 28, 2009. More than 80,000 persons opted to participate in MIRP during the last 5 years.

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New USCIS Program Helps Foreign National Spouses of Deceased U.S. Citizens

admin — Wed, 26 Aug 2009 17:49:55 +0000

Immigration lawyer Stewart Rabinowitz of the Dallas-based law firm Rabinowitz & Rabinowitz touts a new USCIS program that helps foreign widowed spouses.

U.S. Attorney General Janet Napolitano announced a new policy to assist widowed citizen immigrants to remain in the United States, despite the loss of their citizen partner.

“If a foreign national marries a United States citizen and the citizen partner dies, the widowed foreign national spouse can still remain eligible to gain permanent resident status, provided he or she was the spouse of a United States citizen for at least 2 years at the time of the citizen’s death and was not legally separated from the citizen at the time the citizen spouse died,” says immigration lawyer Stewart Rabinowitz of the Dallas-based law firm Rabinowitz & Rabinowitz. Such persons must file with USCIS within 2 years after the citizen spouse’s death to remain eligible to gain an immigration benefit from the marriage, provided the widowed foreign national spouse has not remarried. For widowed foreign national spouses whose marriages were not yet two years old at the time of the citizen spouses’ death, USCIS takes the position that a petition based on that marriage and a corresponding adjustment application must be denied. “This circumstance has been labeled the widow penalty,” Rabinowitz adds.

To alleviate the dual impact that currently exists, the new policy permits a widowed foreign national spouse to file for “deferred action status.” Deferred Action is a form of prosecutorial discretion whereby the Department of Homeland Security agrees not to remove the widowed foreign national spouse for a 2 year period and permits the widowed foreign national spouse and unmarried children younger than 21 and currently residing in the United States to also remain here. Foreign national spouses granted deferred action status can also apply for employment authorization and travel permission.

The widow penalty issues have been the subject of ongoing litigation. Several U.S. Courts of Appeal decisions have interpreted the underlying federal statute far differently than USCIS. For widowed foreign national spouses residing in the 1st, 6th or 9th Circuits, under the law of those circuits, such persons remain eligible to gain permanent residence based on marriage to the deceased U.S. citizen, despite the death of the citizen spouse within 2 years of marriage.

Deferred action status is an interim, administrative remedy. Only a legislative change can provide long term relief for this group of widowed foreign national spouses.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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U.S. – Canadian Border Security

admin — Fri, 21 Aug 2009 17:51:40 +0000

The U.S. border with Canada has been subject to increasing scrutiny in recent years, especially since September 11, 2001, when security concerns have overshadowed economic ones, despite the fact of Canada remaining our foremost trading partner. Stewart Rabinowitz, an immigration lawyer with the Dallas-based firm Rabinowitz & Rabinowitz, believes that a crucial balance can be achieved along with improved functioning of border crossings.

The international border between Canada and the United States has inherited a different kind of priority since the attacks of September 11, 2001. Four geographically distinct corridors or “gateways” exist along the 3,000+ mile U.S. – Canada border: the Cascadian gateway in the Pacific Northwest, the Great Lakes gateway in the Midwest, the extensive Rural gateway in unpopulated areas, and the Continent spanning Perimeter gateway. “Each needs a different mix of infrastructure and technology to respond to unique regional conditions,” says Rabinowitz.

What’s just as important to consider are the different types of U.S. Canadian users. “Five types of users predominate,” Rabinowitz explains, “Commercial shippers, energy shippers, regular commuters, tourists, and perhaps most crucially, illicit border crossers. The prevalence of these five types of people in varying degrees of concentration says a great deal about the surprising heterogeneity of our northern border.” What Rabinowitz objects to is that the post-2001 border strategy stresses uniformity while downplaying this diversity. “We employ one-size-fits-all rules that ignore this diversity, and sometimes conflate conditions at the U.S. – Canadian border with those at the more difficult U.S. – Mexican border,” he argues.

One contentious issue is that borderland communities have little or no channel for regular input on key policy issues. Regional differences are often minimized or even overlooked by “one border” rules and programs. “Some categories of U.S. border users have seen their needs addressed, but overall the picture is less positive, and a balance between security and prosperity is lacking,” Rabinowitz says. All too frequently, “one border” rules falsely equate U.S-Canadian border conditions with those of the more challenging U.S – Mexican border.

A complicating factor is the current recession. The auto industry has been struck with particular force and this industry remains critical to U.S. – Canada trade. “Without a bi-national integration of North American manufacturing, the economy of not only these two countries but the global economy continues to suffer,” Rabinowitz explains.

Rabinowitz advocates several initiatives that may prove conducive to achieving the necessary balance. “It’s important to publicly adopt a two-speed approach to the Canadian and Mexican borders,” he stresses, “while emulating the 30-point U.S. – Canada Smart Border Action Plan on a local level.”

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

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Sham Marriages Result in Indictments

admin — Sat, 15 Aug 2009 16:26:50 +0000

Fifty individuals were arrested and named in 27 federal indictments because they entered into sham marriages to gain U.S. residency.

Agents with U.S. Immigration and Customs Enforcement (ICE) started rounding up and arresting 50 people named in 27 federal indictments on August 11, 2009. All were part of a scheme based in Cincinnati, Ohio, to arrange fraudulent marriages with the intent of evading U.S. immigration laws. The participants in the questionable activity included 23 foreign nationals and 27 U.S. citizens who they had married under false pretenses, although all fifty were known to be in cooperation with each other.

Thirty-three individuals were immediately taken into federal custody.

A federal grand jury had returned the indictments on August 5. Marriage fraud is a crime involving falsely written statements or false representations that is increasingly involved with immigration paperwork and has been diligently prosecuted under the Bush and Obama Administrations. Each of the crimes is punishable by up to five years imprisonment. Those individuals who are in the United States without lawful status face deportation.

According to ICE Assistant Secretary John Morton, “Marriage fraud poses a major vulnerability that must not go unchallenged. The significant number of indictments handed down today as a result of Operation Honeymoon’s Over should send the unambiguous message that ICE will not tolerate the exploitation of our country’s immigration system. Whether you are marrying one person under false pretenses or various people, or facilitating the fraud, know this – you will be found, arrested, and held accountable for your actions.”

The U.S. investigation unraveled a scheme intended to arrange marriages between Eastern European aliens and U.S. citizens. Fees were paid by the Eastern Europeans to U.S. citizens and to conspiracy organizers to arrange the marriages. Those perpetrating the fraud created false documents indicating that the marriages were legal, documents that were then presented to U.S. immigration officials.

Operation Honeymoon’s Over was part of an investigation which had been ongoing since early 2008.
In 2008, ICE made 238 criminal arrests related to marriage fraud schemes and obtained 198 convictions.

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