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1/20/2012

EASIER FOR SOME ILLEGALS TO GET GREEN CARDS

            If you are an "Immediate Relative" (married to an American citizen, or a child of a U.S. citizen, or a parent of an adult U.S. citizen), and if to get a Green Card you must go back home for an interview at the American Consulate because you entered the U.S. without a visa or as a crewperson or as a K-1 who did not marry the petitioner - you risk a long delay in your return to the U.S. (many months or years, up to ten years), because the American Consul would request that  you apply for a waiver (a "pardon") for your illegal stay in the U.S.

            Now came the Immigration Service and announced that they intend to change this procedure:

            The regulations would be changed so that you would be able to apply for the waiver before you leave the U.S.  If you get the waiver, you go for the consular interview and if you don't get the waiver, you don't go.  Either way, you don't get "stuck" and  separated from your family for an unpredictable period of waiting.

            This improved procedure is not for employment-based cases and not for all family-based cases.  But for "immediate relatives" (mainly – spouses of U.S. citizens), this is a great gift for the New Year.  We hope that the change will happen soon.

                                                        * * * * *

1/5/2012

IMMIGRANTS, LATINOS AND ASIANS CONTRIBUTE MORE TO  YOUR STATE THAN YOU THINK

Immigration has never been a numbers game. When people think of immigration in America, they likely call to mind fear-fueled myths perpetuated by immigration restrictionists, like "immigrants are stealing American jobs" or "immigrants are a drain on our system." Sadly, numbers and facts have rarely been part of the discussion, especially as state legislatures continue to take immigration law into their own hands. Today, however, the Immigration Policy Center published 50 state fact sheets updated to show just how much immigrants, Latinos and Asians contribute to our country as consumers, taxpayers, workers, entrepreneurs and voters—facts state legislators would do well to consider before passing legislation that drives immigrants, undocumented and documented, from their state.

More than one quarter of Californians are immigrants.

  • The foreign-born share of California's population rose from 21.7% in 1990, to 26.2% in 2000, to 27.2% in 2010, according to the U.S. Census Bureau. California was home to 10.2 million immigrants in 2010, which is greater than the total population of Michigan.
  • 45.6% of immigrants (or 4.6 million people) in California were naturalized U.S. citizens in 2010 (up from 31.2% in 1990)—meaning that they are eligible to vote.
  • 28.9% (or 4.3 million) of all registered voters in California are "New Americans"—naturalized citizens or the U.S.-born children of immigrants who were raised during the current era of large-scale immigration from Latin America and Asia which began in 1965—according to an analysis of 2008 Census Bureau data by Rob Paral & Associates.

More than half of Californians are Latino or Asian—and they vote.

  • The Latino share of California's population grew from 25.8% in 1990, to 32.4% in 2000, to 37.7% (or 14.1 million people) in 2010.  The Asian share of the population grew from 9.2% in 1990, to 10.9% in 2000, to 13.1% (or 4.9 million people) in 2010, according to the U.S. Census Bureau.
  • Latinos comprised 21.4% (or 3 million) of California voters in the 2008 elections, and Asians 9.7% (or 1.3 million), according to the U.S. Census Bureau.  The number of Latino and Asian voters is one million more than the margin of victory (3.3 million votes) by which Barack Obama defeated John McCain.

Naturalized citizens excel educationally.

  • In California, 32.1% of foreign-born persons who were naturalized U.S. citizens in 2009 had a bachelor's or higher degree, compared to 17.5% of noncitizens. At the same time, only 25% of naturalized citizens lacked a high-school diploma, compared to 49.2% of noncitizens.
  • The number of immigrants in California with a college degree increased by 42.8% between 2000 and 2009, according to data from the Migration Policy Institute.
  • In California, 81% of children with immigrant parents were considered "English proficient" as of 2009, according to data from the Urban Institute.

The English proficiency rate among Asian children in California was 86.4%, while for Latino children it was 83%, as of 2009.

Unauthorized immigrants pay taxes.

  • Unauthorized immigrants in California paid $2.7 billion in state and local taxes in 2010, according to data from the Institute for Taxation and Economic Policy, which includes:
  • $176.9 million in state income taxes.
  • $735.8 million in property taxes.
  • $1.8 billion in sales taxes.

Immigrant, Latino, and Asian entrepreneurs and consumers add hundreds of billions of dollars and a more than a million jobs to California's economy.

  • The 2010 purchasing power of California's Latinos totaled $265.2 billion—an increase of 287% since 1990. Asian buying power totaled $171.7 billion—an increase of 297.6% since 1990, according to the Selig Center for Economic Growth at the University of Georgia.
  • California's 566,573 Latino-owned businesses had sales and receipts of $80.3 billion and employed 458,922 people in 2007, the last year for which data is available. The state's 508,969 Asian-owned businesses had sales and receipts of $181.3 billion and employed

905,957 people.  Together, businesses owned by Latinos and Asians comprised more than one-quarter of all businesses in the state, according to the U.S. Census Bureau's 2007 Survey of Business Owners.

Immigrant workers, entrepreneurs, and taxpayers are integral to California's economy.

  • Immigrants comprised 34.6% of the state's workforce in 2010 (or 6.5 million workers), according to the U.S. Census Bureau.
  • "Immigrants comprise more than one third of the California labor force. They figure prominently in key economic sectors such as agriculture, manufacturing and services. Immigrants provide leadership and labor for the expansion of California's growing economic sectors—from telecommunications and information technology to health services and housing construction," according to the California Immigrant Policy Center.
  • Immigrants in California pay roughly $30 billion in federal taxes, $5.2 billion in state income taxes, and $4.6 billion in sales taxes each year. In California, "the average immigrant-headed household contributes a net $2,679 annually to Social Security, which is $539 more than the average US-born household."
  • Immigrants accounted for 34% of total economic output in the Los Angeles metropolitan area, 29% in the San Francisco metropolitan area, 25% in the Riverside metropolitan area, and 23% in the San Diego metropolitan area in 2007, according to a study by the Fiscal Policy Institute.
  • Unauthorized immigrants comprised 9.7% of the California's workforce in 2010 (or 1.9 million workers), according to a report by the Pew Hispanic Center.
  • If all unauthorized immigrants were removed from California, the state would lose $301.6 billion in economic activity, decrease total employment by 17.4%, and eliminate 3.6 million jobs, according to a study by Dr. Raul Hinojosa-Ojeda and Marshall Fitz. If unauthorized immigrants in California were legalized, it would add 633,000 jobs to the economy, increase labor income by $26.9 billion, and increase tax revenues by $5.3 billion.

Immigrants are integral to California's economy as students. 

                                                        * * * * *

IS THE ROMNEY CAMPAIGN EMBRACING ANTI-IMMIGRANT EXTREMISM?

Today, Mitt Romney's campaign heartily accepted the endorsement of renown anti-immigrant activist, Kris Kobach. As Mitt Romney emerges as the leading contender for the GOP nomination, he and those he affiliates with will garner closer scrutiny, making it critical for Romney's campaign to understand who Kobach is and why his policies engender such strong emotion.

                                                        * * * * *

1/12/2012

IMMIGRATION BY INVESTMENT (EB-5)

            The US Senate held hearings about the accomplishments, issues and possible extension of the EB-5 program after expiration at the end of September 2012. 

Senator Leahy claims that the Regional Center Program added 25,000 jobs to the economy in 2011 while the direct investments amounted to $1.25 billion.  He added that the program can contribute 100,000 jobs each year. 

Senator Grassley claimed that the program has to be reevaluated because he believes the program is un-American in spirit because it encourages buying a Green Card and not enough is required to create more jobs.  He also raised the supposition and objection that the jobs created are taken by illegal aliens.

A president of a Resort company in New England argued that the program has helped the area's economy greatly.  Other testimonies claimer that immigration is giving too much (a Green Card) for too little and that the $500,000 or $1 million minimum is insufficient, focusing too much on passive investments rather than creation of new businesses.  Also, and the process is conducted by too many middlemen.

Only 1% of immigrants immigrate under the EB-5 program.  Different potential projects were also discussed like in the field of technology. 

Another issue raised was what if the program is discontinued and investors that are in the middle of the process could lose their investment.

Questions also arose during the hearing regarding investors withdrawing from their investments too early though, according to the law, the Green Cards don't become permanent for at least two years on condition that the business prevails.

EB-5 established a class of immigrant visas for individuals who invest either $500,000 or 1 million depending on whether the investment is in a targeted employment area or not in a new commercial enterprise located within the U.S. that will create full time employment for not fewer than 10 qualified employees.

* * * * *

November 16, 2011

Here is the logic:
a)    Illegal aliens are in the U.S. because the U.S. Government failed to keep them out.
b)    When illegal aliens commit crimes and the states put 300,000 of them in jail, the cost should be billed to the U.S. Government.
c)    California spends $938 million a year to keep criminal aliens in jail, and the U.S. Government should pay the bill.

Here is the payoff: Congress decided to pay California $66 million to cover this year's cost of keeping criminal aliens in jail .
If you want to better understand this kind of accounting, see the Los Angeles Times of November 16, 2011.


November 15, 2011

"No work, no reason to go north", is the headline on a big news item in the Los Angeles Times of today.  They explain with graphs and statistics that the number of illegal aliens coming to the U.S. from south of the border (meaning Mexicans and Latinos), is going down in recent years.  What is more, the number of Mexicans leaving the U.S. is going up.  As a result, the number of illegal Mexicans living and working in the U.S. is actually decreasing.

This is in the category of "good news/bad news".  The good news is that the U.S. government would not need to spend the money that some Republicans want to spend for building an electric fence along the border.  The bad news is that this decline in illegal aliens is proof of how bad the economy is.

I believe that neither an electric fence nor a recession are the best ways to stop illegal immigration.  A better way would be to make legal immigration a realistic possibility.


November 14, 2011

Today I heard a radio report that a huge percentage of the food supply of the U.S. comes from other countries.  This raises difficult questions about safety: first, the health risks of such foods, and second, the reliability of supply in times of international crisis.

Today I also saw a press release of ICE (Immigration and Customs Enforcement) announcing a penalty of nearly 3 million dollars had been imposed on a dairy farm in Michigan for employing 78 illegal aliens.

I wonder whether there is a connection between these two news items?  Does one lead to the other?

November 14, 2011

The University of Southern California (USC) in Los Angeles has enrolled the largest number of international students in the U.S. – 8,615 for this year. 70% of them are in graduate programs, mostly in engineering, computer science and business.

I wonder how many of them would be forced in 3 – 4 years to take their diplomas and their American know-how and leave the U.S. because our immigration law does not provide Green Cards for highly educated people in a reasonable time?.

November 16, 2011

Here is the logic:
a) Illegal aliens are in the U.S. because the U.S. Government failed to keep them out.
b) When illegal aliens commit crimes and the states put 300,000 of them in jail, the cost should be billed to the U.S. Government.
c) California spends $938 million a year to keep criminal aliens in jail, and the U.S. Government should pay the bill.

Here is the payoff: Congress decided to pay California $66 million to cover this year's cost of keeping criminal aliens in jail . If you want to better understand this kind of accounting, see the Los Angeles Times of November 16, 2011.



November 15, 2011

"No work, no reason to go north", is the headline on a big news item in the Los Angeles Times of today.
They explain with graphs and statistics that the number of illegal aliens coming to the U.S. from south of the border (meaning Mexicans and Latinos), is going down in recent years. What is more, the number of Mexicans leaving the U.S. is going up. As a result, the number of illegal Mexicans living and working in the U.S. is actually decreasing.

This is in the category of "good news/bad news". The good news is that the U.S. government would not need to spend the money that some Republicans want to spend for building an electric fence along the border. The bad news is that this decline in illegal aliens is proof of how bad the economy is.

I believe that neither an electric fence nor a recession are the best ways to stop illegal immigration. A better way would be to make legal immigration a realistic possibility.



November 14, 2011

Today I heard a radio report that a huge percentage of the food supply of the U.S. comes from other countries. This raises difficult questions about safety: first, the health risks of such foods, and second, the reliability of supply in times of international crisis.

Today I also saw a press release of ICE (Immigration and Customs Enforcement) announcing a penalty of nearly 3 million dollars had been imposed on a dairy farm in Michigan for employing 78 illegal aliens.

I wonder whether there is a connection between these two news items? Does one lead to the other?



November 14, 2011

The University of Southern California (USC) in Los Angeles has enrolled the largest number of international students in the U.S. – 8,615 for this year. 70% of them are in graduate programs, mostly in engineering, computer science and business.

I wonder how many of them would be forced in 3 – 4 years to take their diplomas and their American know-how and leave the U.S. because our immigration law does not provide Green Cards for highly educated people in a reasonable time?

September 14, 2011

LOTTERY:

Applications for the DIVERSITY PROGRAM (DV) for 2013, must be submitted
between October 4, 2011 and November 5, 2011.

Only way to submit applications is ELECTRONICALLY.

Persons born in any of the following countries are not eligible:

Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.



August 23, 2011

NEW IMMIGRATION POLICIES
CALL US NOW TO DISCUSS QUESTIONS YOU HAVE ABOUT THE NEW IMMIGRATION POLICIES THAT MAY BENEFIT YOU!

It is obvious that Congress is not going to make any changes in our immigration laws in the near future. It is also recognized that the Obama Administration cannot act against the written laws of Congress. However, the Administration has a "tool" permitting it to handle the cases of people in deportation, either in a more lenient or in a more strict way. This tool is known as "Prosecutorial Discretion".

Last week, the Obama Administration announced that they are going to use Prosecutorial Discretion in a more lenient way.

The declared purpose of the new policy is to reduce the backlogs in Immigration Court by:

(a) closing the cases of persons who fit into low-priority categories;

(b) not issuing Notice to Appear (NTA) to persons in the low-priority categories;

(c) stopping the actual deportation/removal of persons with final orders of Deportation/removal if they fit into the low priority categories.

What are the "low priority categories"? This has not been finalized yet, but probably the following:

• People who were brought to the U.S. at a young age and were raised and educated here;
• Elderly people who will suffer greatly if deported;
• Persons taking care of family members who are American citizens or legal immigrants;
• All the above on condition that persons in the above categories have no criminal convictions.

All this is still waiting for "guidelines" how to implement the new policy.

It is expected that these new guidelines will instruct Immigration officials and ICE officers to look at the nature of the people who are in deportation or already under a deportation order and to decide, on the basis of the personal qualifications of those people, to "push" their deportations or to permit them to stay in the United States. This does not require a Congressional change in immigration law. It only requires a more liberal use of Prosecutorial Discretion.

However, we are still waiting for guidelines, rules and memoranda instructing immigration officers and prosecutors how to use their Prosecutorial Discretion.

Do not be misled! This is not an Amnesty Program. The best course of action is to consult with us. Do not take action because a friend, neighbor or coworker encourages you to act.

Even if a friend, neighbor or coworker encourages you to act, do NOT try to contact immigration authorities and do not fall for a scam!

Register with us and we will keep you updated on developments for future action.

August 12, 2011

News of the Day.

U.S. publicly-owned companies such as Intel, Selectron, Sanmina, SCI, Sun Michael Systems, E-bay, Yahoo and Google were founded by immigrants and employ approximately 220,000 people in the U.S. and more than 400,000 people worldwide.


August 11, 2011

Alarm of the Day.

If you got your Green Card as an agricultural worker (SAW Program) under the Amnesty of 1987, and you are still a permanent resident using a Green Card and not a U.S. citizen, if you travel out of the U.S. upon your return, the immigration officer at the port of entry may question you about your employment in 1986, 1985 - 1984 and your eligibility for the Saw/Amnesty Program. If your answers don't match your ancient history - you could be put in "Deportation".


August 3, 2011

Mexicans are migrating to the U.S. because of the severe unemployment here.

Fewer Mexicans are going home. Many of the immigrants to the U.S. are parents of U.S. citizens of Mexican origin who were born here. More than 55% of Mexican immigrants in the U.S. are here illegally. Over all, fewer are coming, fewer are leaving and the majority of the illegal population has been in the U.S. for a decade or more and is not leaving.
Why does Congress not realize that these illegals are not going anywhere and there is no way to deport ten million people so it is now time to settle the issue and legalize them.

* * * * * *
Finally, immigration plans to facilitate investors' entry to the U.S. and obtain Green Cards.

The law has been in the books for years but immigration has been so slow to approve these cases, holding them under a microscope, let's hope. What is really needed is a comprehensive Immigration Act that will put an end to the chaos, the unreasonable waiting for years by an employer for a desired employee, the endless sojourn of illegals for over ten years without the government being able to deport millions and the States making laws for themselves because the Federal Government, whose job it is under the American Constitution, won't do anything.

So tell your Congress Representative to stare reality in the face rather than just worry about their popularity.


July 29, 2011

CALIFORNIA DREAM ACT OF 2011

AB 130, introduced by Assembly member Gil Cedillo and signed by Governor Jerry Brown on July 25, 2011, is the second step after AB 540.

AB 540 permitted undocumented (illegal) aliens graduating from a California high school (after attending a California high school for 3 years), to enroll in California community colleges and California State Universities while paying in-state tuition (much less than out-of-state tuition).

Now comes AB 130 which permits these institutions of higher learning (and also the University of California), to grant these students (if they deserve it) scholarships from "private" scholarship funds at the disposal of the colleges and universities.

Since these kids would never be deported -- better that they be well educated.

Better for them -- better for California.


July 21, 2011

These days it seems that some people want to blame immigrants for every problem under the sun: high taxes, crime, pollution, the national deficit, healthcare costs, even traffic. Now some folks are even trying to say that immigrants are solely to blame for unemployment and lower wages among minorities.

WRONG!
If immigrants took jobs away from large numbers of minority workers, one would expect to find higher minority unemployment rates in those parts of the country with larger numbers of immigrants. Yet data from the 2009 American Community Survey, indicate that there is no correlation between the size of the foreign-born population and the African American unemployment rate in U.S. metropolitan areas.


Immigrants are the cause of low wages for minority workers.

WRONG!
The most recent economic research indicates that immigration produces a slight increase in wages for the majority of native-born workers. This occurs in two ways.

First, immigrants and U.S.-born workers tend to have different levels of education, work in different occupations, and possess different skills. The jobs which immigrants and U.S.-born workers perform are frequently interdependent. This increases the productivity of U.S.-born workers, which increases their wages.

Second, the addition of immigrant workers to the labor force stimulates investment as new restaurants and stores open, new homes are built, etc. This increases the demand for labor, which exerts upward pressure on wages.

The wage increase which U.S.-born workers experience as a result of immigration is very small, but it is an increase. A 2010 report from the Economic Policy Institute estimated that, from 1994 to 2007, immigration increased the wages of U.S.-born workers by 0.4 percent. The impact of recent immigration on U.S.-born wages varied slightly by the race, educational attainment, and gender of the worker.

Immigration causes unemployment.

WRONG!
Immigrants and U.S.-born workers fill different kinds of jobs that require different skills. Even among less-educated workers, immigrants and U.S.-born workers tend to work in different occupations and industries. If they do work in the same occupation or industry—or even the same business—they usually specialize in different tasks, with U.S.-born workers taking higher-paid jobs that require better English-language skills than many immigrant workers possess. In other words, immigrants and U.S.-born workers usually complement each other rather than compete.

July 15, 2011

TRAVEL TIPS FOR FOREIGN STUDENTS AWAITING A CHANGE OF STATUS TO H-1B

There can be significant risks in traveling abroad for many F-1 students after an H-1B petition has been filed on their behalf and they should carefully consider whether such travel is necessary. If they travel internationally, they should make sure to have all necessary documents and should be prepared for possible delays in their ability to reenter the United States.

Employers who have F-1 students on payroll in Optional Practical Training (OPT), or who have prospective employees in F-1 status slated to start work in H-1B status at the start of the new fiscal year on October 1, 2011, should warn these students of the significant risks and possible delays.

July 5, 2011

ETHICS AND PROFESSIONALISM GUIDE FOR IMMIGRATION JUDGES

The Executive Office of Immigration Review announced that it has published a new Ethics and Professional Guide for Immigration Judges. The EOIR worked with the National Association of Immigration Judges to develop the content of the guide which addresses such issues as judicial temperament, ex parte communications, and professional competence. The guide will ultimately be a part of the revised Ethics Manual.

The preamble to the Guide states the purpose: “To preserve and promote integrity and professionalism, Immigration Judges should observe high standards of ethical conduct, act in a manner that promotes public confidence in their impartiality, and avoid impropriety and the appearance of impropriety in all activities.”The Guide indicates that:

(1) violations of its provisions may not be used to challenge the rulings of an Immigration Judge and do not furnish a basis for civil liability or injunctive relief and

(2) its provisions do not create any rights or interests for any party outside of the Department of Justice.

Here are a few highlights from the Guide:

Immigration Judges should be faithful to the law and maintain professional competence in it. They should strive to be knowledgeable about immigration law, be skillful in applying it to individual cases, and attempt to engage in preparation that is reasonably necessary to perform an Immigration Judge’s responsibilities.

Immigration Judges must act impartially and may not give preferential treatment to any organization or individual when adjudicating the merits of a particular case.

Immigration Judges must endeavor to avoid any actions that, in the judgment of a reasonable person with knowledge of the relevant facts, would create the appearance that he or she is violating the law or applicable ethical standards.

Immigration Judges should not be swayed by partisan interests or public clamor.

Immigration Judges should be patient, dignified, and courteous and should act in a professional manner towards all litigants, witnesses, lawyers and others with whom the IJ deals in his or her official capacity and should not, in the performance of official duties, by words or conduct, manifest improper bias or prejudice.

Immigration Judges should be alert to avoid behavior, including inappropriate demeanor, which may be perceived as biased. Examples of manifestations of bias or prejudice include but are not limited to epithets, slurs, demeaning nicknames, negative stereotyping, attempted humor based upon stereotypes, threatening, intimidating, or hostile acts, suggestions of connections between race, ethnicity, or nationality and crime; and irrelevant reference to personal characteristics. Moreover, an IJ must avoid conduct that may reasonably be perceived as prejudiced or biased.

July 1, 2011

HOW ARE IMMIGRANTS INTEGRATED

In cooperation with the Immigration Policy Center, the British Council and the Migration Policy Group released a new study which reviews and ranks U.S. immigrant integration policies against other countries. The Migrant Integration Policy Index contrasts and compares integration policies for legal immigrants across countries in Europe and North America. The United States is ranked ninth among 31 countries. This is the first year the United States has been part of the study, and IPC is pleased to be chosen as the U.S. partner for this important study.

The index compares and ranks countries across 148 policy indicators, providing objective and comparable data presented in a reference guide and an interactive online tool to help policymakers, advocates and researchers assess and compare integration policies around the globe.

The policy indicators are divided into seven categories: employment opportunities, family reunion, education, political participation, long-term residence, access to citizenship and anti-discrimination. Countries include all 27 EU member states, Norway, Switzerland, Canada, and the USA.

Overall the U.S. ranked ninth in terms of integration policies, and first in terms of its strong anti-discrimination laws and protections. The U.S. also ranked high on the access to citizenship scale because it encourages newcomers to become citizens in order to fully participate in American public life. Compared with other countries, legal immigrants in the U.S. enjoy employment opportunities, educational opportunities, and the opportunity to reunite with close family members. However, the study also acknowledges that the U.S.'s complex immigration laws, limited visa ability, high fees, and long backlogs may make it challenging for immigrants to integrate into the fabric of American life.

The index also highlights the fact that several U.S. states are taking the lead on immigrant integration. States including Illinois, Massachusetts, New Jersey, Maryland, and Washington state, as well as major cities like New York, Chicago, and San Francisco have offices dedicated to welcoming newcomers.

"As the United States continues to struggle with its own immigration policies, the index offers policymakers and the public a framework for analyzing our best and worst practices on immigrant integration compared to other countries in the world."

We have much to learn from other countries as well, but perhaps the greatest lesson that comes from the study is that the very things that distinguish the United States are worth preserving as we move forward into the next decade of the 21st century,


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