- to go to College legally
- access student loans and in state tuition rates
- apply for a social security number
- work legally
- access social support benefits
- and of course after becoming a citizen, vote in state and federal elections

In general, Democrats have been supportive of the most well known and proposed legislation that has existed as pending legislation in various forms for over 10 years. From a political standpoint this has largely lined up with their base being more supportive of the Hispanic demographic, the poor, minorities, being more supportive of a social safety nets and otherwise more all encompassing immigration policies.

However with Hispanic voters being both the largest minority voting block and the fast growing by far of all ethnic groups in the US, Republican politically candidates across the US including the Presidential candidates like Mitt Romney are acutely aware of not alienating this large bloc. It has profound consequences for many both many states today in deciding the Presidency in 2012 but also for future elections. Aware how as a party after the Civil Rights movements in the 60s, when Republicans lost the majority of the African American vote to Democrats, never to return to date, they desperately do not want to lose the majority of another ethinic group predicted to be 40% of the entire US population in 2050.

Enter Dream Act 2.0 as it has been dubbed by many, authored by Republican Florida Senator and Cuban American, Marco Rubio. This takes the original intention of the Dream Act and scales it back without criminalizing these kids of illegal immigrant parents. Essentially instead of providing a direct path to US citizenship, it provides an indirect and uncertain path to US citizenship for all groups except for ones who join the military who will receive a green card after serving.

All others will essentially be eligible for non-immigrant status which is really a fancy (and many say demeaning) way of saying they are eligible for work visas like the H-1B and student visas like F-1 which are the same visas that foreigners can apply for to come to the US. Then from that point via either relevant employer based applications, marriage to a US citizen or legal resident family sponsorship they could get access to a green card albeit with no guarantees and waits of up to 10 years or more.

So is it a good thing if you are a child of illegal immigrant parents?

Well the reality is anything is better than the current situation where they can’t attend college, work legally, travel outside the US, get legal IDs, access to many forms of private healthcare or have any path to normal sort of life with a constant threat of deportation. However you only have to talk to current foreigners to realize how bad and unfair the current Immigration System, Green Card opportunities and Wait Times are.

For example Mexican nationals after going through the 12-18 month green card application process under a status like EB-3 (which is common for professionals with a Bachelors Degree and less than 5 years of experience) will have a waiting period of over 10 years by current wait times before being eligible for a Green Card. (to note; the H-1B length is 6 years for regular maximum).

Ultimately while Democrats have for years for political reasons pandered to the Hispanic voting bloc, the so-called Dream Act 2.0 is a poor imitation of the original designed to curry a little favor to Republicans from the same group. However make no mistake, non-immigration status in many ways is only a small notch above illegal status with constant uncertainty and no clear path to permanency. Additionally adding a whole new bloc of people to the already long waiting queues for Green Card status will only increase wait times for everybody.

Cj

©2012 E3 Visa. All Rights Reserved.

Today we thought we give an update as released by the US Government as the nature of Deportations of foreigners from the US in the fiscal Immigration year FY-2011. We don’t really have an opinion on this as we don’t know anything about any of the individual cases or much about deportation generally as a US Immigration issue. Certainly for convicted violent felons who happen to be foreigners it is hard to feel much sympathy when you think the many thousands of foreigners who are want to come to the US legally or those that are already here on waiting lists for more permanent status like a Green Card or US Citizenship.

However deportation is something that any Immigrant who is not a US citizen certainly faces as a reality of the status whether due to fault of their own or things beyond their control. So it is important to be aware of what is going on in the world of US Immigration as far as deportation is concerned. In the past we have written specifically about the cases of deportation of people who were already approved and received an H1B visa from the US consulate for dubious and yet fully unknown reasons at best.

So exactly 396,906 foreigners were deported in FY2011 of which about 55% had either a felony or misdemeanor conviction for some crime committed within the US. Unfortunately this crime rate was up about 89% from 2008 levels and possibly could be attributed to the more bleak economic picture and bad job situation meaning many of these immigrants who are living close to the poverty line were following a trend that is all too common with crime and bad prospects for prosperity. This also includes people who were found to have re-entered the US after being ordered to leave or violating an earlier order to leave the country.

Let’s hope that these negative statistics with both deportation and violent crimes committed by foreigners trends back down in next period and that positive legislative efforts and reforms are made to make the whole US Immigration system fairer for all.

Cj

©2012 E3 Visa. All Rights Reserved.

Many people who visit the United States on a non-immigrant visa wish to extend their stay beyond the period of time for which they have been authorized. However, staying beyond your visa limits without prior approval can have serious consequences and may even prevent you from receiving authorization to reenter the U.S. at a later date.

Persons holding a non-immigrant visa who wish to extend their visit should file an Application to Extend/Change Nonimmigrant Status (Form I-539) with the U.S. Customs and Immigration Services (USCIS) at least 45 days before the date their visa is set to expire.

Eligibility to Extend Nonimmigrant Visa

Only certain people are eligible to apply for an extension to a non-immigrant visa, including those who:

• Entered the U.S. lawfully with a nonimmigrant visa
• Hold current valid nonimmigrant visa status
• Committed no crimes to become ineligible for a visa
• Have not violated visa admission conditions
• Hold a valid passport that will not expire during the proposed extension period

If you wish to extend your stay but do not qualify for extension based on the above criteria, you may wish to speak with a U.S. CIS agent to explore your options.

Overstaying Your Visa

If you overstay the date on your Arrival-Departure record, your visa status will expire and you will be classified as out-of-status. As a result, you may be ineligible to reapply for a visa in the future and therefore you may not be allowed to return to the United States. If you wish to stay in the country longer than your visa allows, it is important to plan accordingly and follow all immigration laws to prevent penalties or deportation.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

(also see recent H1B Deportation news)

When a foreign national chooses to visit or stay in the United States on visa status or as a permanent resident, he or she must abide by certain laws and regulations in order to remain in the country legally. If an individual who is not a U.S. citizen fails to abide by these terms, he or she may be ordered to leave the country.

The process of requiring an individual to physically leave the country is known as deportation. If you are visiting the U.S. temporarily or living in the country as a permanent resident, it is important to know the laws that regulate deportation.

Visa Requirements

A person who is visiting the U.S. on visa status must adhere to certain rules and restrictions to avoid nullifying the visa. Some of the key requirements to consider include:

• There are specific visas for different groups of applicants, and a person must keep the same status during their stay in the U.S. in order for the visa to remain valid. For example, a foreign national visiting on a student visa must remain in school to remain in the country legally under his or her visa.
• If the expiration date is approaching for a visa, the applicant must re-apply to remain in the United States.
• An individual may not legally remain in the U.S. if his or her visa has expired.
• A foreign national may be required to return to his or her home country in order to re-new a visa and legally re-enter the U.S.

A violation of any of these terms can be grounds for deportation by the U.S. government.

Criminal Grounds for Deportation

Any non-citizen staying the country may be deported if he or she commits a qualifying crime. This applies to visa holders and permanent residents alike. The criminal offenses that may lead to deportation include the following:

• Crimes against a person (murder, manslaughter, rape, kidnapping)
• Domestic violence crimes
• Sexual offenses
• Crimes against the government (counterfeiting, mail fraud, bribery, tax evasion, perjury)
• Fraud crimes
• Drug crimes
• Firearms offenses

If you have committed any of the above crimes, your legal permit to remain in the U.S. may be nullified and you may be forced to leave the country. The laws and regulations for visas and permanent residency can sometimes be confusing, and it can be easy for a person to accidentally disqualify himself or herself and risk deportation. If you have questions regarding the rules of your visa, permanent residency, or renewing or changing your legal status in the U.S., consider consulting with an experienced immigration lawyer as soon as possible.

©2012 E3 Visa. All Rights Reserved.

It is with great difficulty that an immigrant acquires the status of permanent residence in the United States. But this does not mean that an immigrant should act indifferently once he gets his permanent resident status. Once obtained, he has a greater responsibility of maintaining that status. This is because it takes only moments to wash away all the hard work that has been put in to acquire that status.

The most important of all the reasons for the loss of a permanent residence status is indulging in any form of criminal activity. No government of any country can tolerate its immigrants adding to the crime rate. It is similar with the United States government.

Being a law abiding society, it is but obvious that all the permanents of the United States are to follow the laws of the country. If any of the immigrants are convicted for any form of criminal activity or practice activities that are considered a crime in the United States or any other country, which would pose a barrier to their status. The immigrant would instantly be deported back to his native country and would not be permitted to enter the United States ever again.

Some of the following criminal activities that could hamper the permanent residence status of an individual include the following:

• Any form of violent activities and the punishment of such crimes include a minimum of a year of service in the prison.
• Committing murder.
• Activities involving terror which would may pose a threat to the local population.
• Rape, molestation and sexually assaulting women and children.
• Illegal dealings in arms, drugs and human trafficking.
• Sexual misconduct, causing physical harm, any fraudulent practices which have led to loss or damage to people and property.
• Threatening someone for one’s own means as well as reckless behavior.

Additionally, there would be a serious outcome incase of the following:

• Providing with false information and lying to get immigration benefits.
• Claiming to be a citizen of the United States when the immigrant is actually not.
• Participating in elections – federal or local, that is only permitted to the citizens of the United States.
• Indulging in drinking or being a habitual drunk as defined by the US immigrant department as well as using drugs illegally.
• If an individual is married to two people at a given period of time.
• Neglecting the responsibilities of supporting the family.
• Found to be practicing domestic violence.
• Not filing tax returns on time.

In case an individual has been involved in any of the above, the first thing that he must do is to contact an immigration lawyer or any community based organization which provides legal support to these immigrants.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

The recent deportation of a number of Indian H1B IT workers from Newark and JFK airports has sent shock waves through the H-1B community. H-1B employers, employees and their attorneys alike are flabbergasted by this brazen act of official highhandedness where individuals arriving on H-1B visas were singled out even before their primary immigration inspection, put through a sham questioning, forced into making coercive statements, issued expedited removal orders, and sent back! Their crime? They landed in the U.S. with legitimate H-1B visas to work for genuine U.S. entities, but at a location other than their office, i.e., at a client site or third party site!

H1B employees working at a client site or a third party site is a practice as old as the H1B program itself, and is not a violation of the regulations when supported by appropriate documentation. What is shocking is that the disgraceful action by CBP inspectors was triggered by an overzealous (mis)interpretation of a recent Memo issued by Donald Neufeld, Associate Director, Service Center Operations, U.S. Citizenship and Immigration Services (USCIS).

At its core, the Neufeld Memo underlines the requirement of an employer-employee relationship that would last the entire period of the foreign individual’s H-1B stay in the United States. In such a relationship the employer should have the “actual” control or the “right” to control the employee, to hire, fire, pay, and to decide when, where, and how the employee will be employed.

Based on the experience of this writer in processing thousands of H-1B petitions over a period of more than 15 years (and attending to the resultant issues), this situation can be addressed with a little foresight, logical planning, and preparation and maintenance of appropriate documentation. Also, H1B employees should be educated on how to answer questions from overbearing government officials. Pardon me for saying this, a small minority of companies, through a lackadaisical attitude towards adhering to the regulations, seem to bring a bad name to the entire H-1B community and to the H-1B program itself, resulting in such sweeping governmental actions that affect legitimate H1B employers and put the lifestyle of unsuspecting employees and their families in jeopardy. Moreover, this supplies fodder to the anti-H-1B bogey that is becoming more and more vociferous in the light of rising unemployment in the United States. We, at our office, always make it a point to emphasize to H-1B employers and employees alike to strictly adhere to the governing regulations and requirements of the H-1B program.

As stated above, the focus of the CBP enforcement action is as to who the actual employer is. It should be noted, in situations where an individual works at a location different from the petitioning company’s office, the question is whether such petitioner employer has the “actual” control or the “right” of control over the H1B employee. When the H-1B employee works at a client site, or a third party site, the H-1B employer may not always be able to exercise “actual” control over the individual’s employment. But to maintain the H-1B status and be in compliance with the regulations, the H1B employer needs to prove the “right” to control, if not the “actual” control. There are various ways to meet the requirements of actual control or right to control, as we have been advising our clients, by ensuring acquisition, usage, and maintenance of appropriate documents. It takes logical planning under effective legal guidance.

In conclusion, we would like to remind our clients and other readers of this article that the government’s enforcement of the regulations can be expected to become stricter in the future, and appropriate proactive steps will save the employers and employees alike a lot of hardship and aggravation.
Guest Post Author

Disclaimer: The information in the above article is of a general nature only and should not be taken as legal advice. Always seek professional legal advice before proceeding with your case.

Copyright: The Law Offices of Morley J. Nair, Inc.

©2012 E3 Visa. All Rights Reserved.