Archive for June, 2012

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Arizona Immigration Law in the News

June 27, 2012

If you need help with Immigration in NY, contact Immigration Attorney Susan B. Henner at (914) 358-5200 for more information or an appointment.

Arizona Immigration Law: Local Police Step Up Immigration Enforcement
by Elliot Spagat
June 27, 2012
ESCONDIDO, Calif. — State and local police across the country didn’t need the U.S. Supreme Court ruling upholding Arizona’s "show me your papers" immigration law to begin turning people over to the federal government for deportation.

Since late 2007, they have helped identify nearly 20 percent of the nation’s 1.6 million deportations – a trend that will likely accelerate.

The Obama administration plans to expand to every jurisdiction a program in which local police share fingerprints of those accused of breaking the law for federal officials to identify those they want to put into deportation proceedings.

The administration is making clear that federal authorities have always had – and will continue to have – the final say on who gets deported.

As debate has raged over the provision of the 2010 Arizona law, the federal government has been increasingly tapping the vastly superior presence of state and local police to identify undocumented immigrants for deportation.

State and local police made about 150,000 arrests that resulted in deportation from late 2007 to late 2011 under a program that empowers specially trained local officers to enforce immigration laws. Deportations under that program peaked in 2009 but are falling sharply as the federal government phases it out.

In the fingerprinting program, state and local agencies are responsible for the vast majority of another roughly 150,000 deportations during that time. ICE scans prints of everyone booked into jails for non-immigration crimes and tells local police when they want someone held for deportation proceedings.

Read more HERE

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DHS to offer deferred action to DREAMers

June 15, 2012

DHS will formally announce this morning that it will offer deferred action to DREAMers.
Preliminary information indicates that eligible applicants must:

  • Be 15-30 years old, and have entered before age 16
  • Have been present in the U.S. for 5 years as of June 15, 2012
  • Have maintained continuous residence
  • Have not been convicted of one serious crime or multiple minor crimes
  • Be currently enrolled in high school, graduated or have a GED, or have enlisted in the military

The deferred action offer will be available to those in proceedings as well as to those who apply affirmatively.
The White House is expected to make a formal announcement this afternoon at 1:15 EST.
AILA will provide further details today.

If you need assistance with an Immigration matter in NY, contact Susan B. Henner at (914) 358-5200 now for a free consultation and more information.

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Political Asylum

June 15, 2012

It is an unfortunate reality that there are many places in the world wrought with war, poverty, and oppression. Many immigrants wish to come to the United States to escape such places and begin a new life, filled with work, and education opportunities. While there are many individuals that cross into American borders illegally, there are a number of individuals that face certain danger if turned away or sent back to their native country. Such refugees often seek what is called "Political Asylum".

A foreign immigrant may request political asylum under Article 14 of the Universal Declaration of Human Rights, and a rules of international human rights law. Provided specific qualifications are met, all countries that have agreed to the United Nations Conventions Relating to the Status of Refugees must allow entry into their borders.

Article 14: Universal Declaration of Human Rights

• (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

• (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

In addition to Article 14, The United States introduced The Refugee Act in 1981that simply states: Asylum and/or Refugee Status is to be granted to anyone outside of his or her own country of Nationality (or already in the United States) who is "unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion".

US Department of Homeland Security (2011). US Citizenship And Immigration Services.

Qualifying for asylum simply consists of being able to demonstrate that due to Nationality, Race, Religion, Political opinions or Social status; a refugee will be in immediate danger if left in custody of their native government. This can often occur due to regime changes within a 3rd world country, or for any number of political or social reasons.

Benefits of acquiring political asylum

The most important factor in being granted political asylum is ensuring safety, and freedom from the immediate dangers posed by a refugee’s native government. However, once accepted within the United States, the opportunity to receive a green card will follow, which may lead to employment and educational opportunities as well, provided qualifications are met.

How to apply for Political Asylum

Applying for Political Asylum can be a tricky and challenging process with many legal loopholes. Although you may apply on your own, it would be beneficial to enlist the help of a professional Immigration attorney. In order to apply for Asylum, an immigrant must file a Form I-589, (Application for Asylum and for Withholding of Removal) within a year of arriving in the United States.

Applicants may include children and spouses provided they are within the United States at the time the application is filed, or at any time until a final decision is made. Children must be under the age of 21, unmarried, and included on the application.

If you need assistance

A professional Immigration attorney is recommended when applying for Political Asylum due to the complex process, and will increase your chances of success. If you or a loved one is seeking political asylum within The United States, contact NY Immigration Attorney Susan B. Henner Attorney now at (914) 358-5200 for a consultation or more information.

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Obtaining citizenship through PERM

June 6, 2012

The PERM (Program Electronic Review Management) is a process designed to assist immigrants in obtaining an employment-based immigrant visa (“green card”) through their employment and is sometimes referred to as PERM labor certification. The PERM process began on March 28, 2005, replacing the previous paper system know as Reduction in Recruitment (RIR).

Labor Certification

Acquiring labor certification is the first stage for most employment-based green cards and is a requirement for all applicants under category employment-based preference 2 and 3 (EB2 and EB3). Labor Certification is essentially designed to help an employer test the labor market in order to ensure that all willing and able residential U.S. workers are filling all open positions for which Labor Certification is being sought. Once a PERM petition is approved, the next step for an employer is to file the immigrant petition on behalf of the foreign worker, allowing employment on a permanent basis.

What is required

The following requirements must be met in order to file the PERM Petition:

-All applications must be filed on or after March 28, 2005 and while adhering to the new PERM process and regulations.

-The employment opportunity must be a permanent, full time position.

-An official recruitment must be conducted for willing and able U.S. workers.

-Job requirements must be designated for customarily U.S. occupations, and not a foreign worker’s qualifications.

-Employers must meet the minimum wage in the area of intended employment.

-Employers must prove legitimacy.

If you are applying for a Fiance Visa

Any facet of the immigration process can be very complicated. If you or a loved one in, or outside of the United States is attempting to obtain PERM citizenship, contact NY Immigration Attorney Susan B. Henner at 1-888-733-0141 for professional assistance.