h1

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

Advertisements
h1

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.

h1

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.

h1

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.

h1

What is a Fiance/Fiancee Visa

May 4, 2012

Eligible Immigrants from all over the world have the opportunity to acquire permanent status in the United States if they are granted a K-1 visa, also known as a "Fiance" Visa.

A K-1 visa is typically issued to the fiance or fiancee of a United States citizen, and requires a certificate of marriage between the immigrant and the U.S. citizen and must be petitioned within 90 days of entry. Once married, the foreign citizen may be eligible for a green card, or lawful permanent residence in the United States. While a K-1 Visa is generally classified as a non-immigrant visa, it may include additional immigration benefits and is often under the jurisdiction of the Immigrant Visa section of United States embassy. Failure to acquire a certificate of marriage after attaining a K-1 visa for 90 days will result in deportation within 30 days. Immigrants that have been issued a fiance visa are also legally able to bring their children under a K2 Visa.

How to get a Fiance Visa

Despite being one of the easiest ways to get citizenship within the United States, approval of a fiance visa is not automatic, or guaranteed. The process involves moderate scrutiny of applications by immigration officials for the purpose of ensuring legitimacy of intent, and not for the sole purpose of gaining immigration benefits. Only a small percentage of K-1 visas are denied, however the process of Obtaining a Fiance Visa is complex and involves significantly large amounts of documentation and up to 5 months of USCIS and U.S. Embassy processing.

If you are applying for a Fiance Visa

The immigration process can be tricky and easily underestimated, that is why it requires the professional assistance of a competent attorney specialized in dealing with immigration topics. If you are an immigrant in or outside of the United States and want to know if you qualify for a Fiance Visa, please contact NY Immigration Attorney Susan B. Henner at 1-888-733-0141 for a consultation and more information.

h1

Immigration Appeals

April 25, 2012

New York Immigration attorney Susan B. Henner is ready to represent individuals facing a variety of immigration issues such as removal, visa overstay, and deportation.

The highest administrative body for interpreting and applying immigration laws is The Board of Immigration Appeals (BIA). With up to 15 Board Members, including the Chairman and Vice Chairman who share responsibility for BIA management, the BIA decides appeals by conducting a "paper review" of cases.

Generally, the BIA does not conduct courtroom proceedings, but will hear oral arguments of appealed cases on special occasions at its headquarters in Falls Church, Virginia. The Law offices of John E. MacDonald Inc,. will assist you in presenting your Immigration Appeals against any decisions rendered by immigration judges regardless of whether you are an alien, a citizen, or a business firm.

How an Immigration Appeal works

The Board of Immigration Appeals generally reviews cases that involve orders of removal (deportation) in addition to applications for relief from removal. The majority of cases are reviewed by a single selected board member, although there are certain types of cases that are handled by special panel of three. Most appeals are the result of:

  • A need to clarify the meaning of a law or procedure, which will be followed in future cases

  • An inconsistency between the law and a decision made by an immigration judge or DHS officer.

  • A nationally relevant or controversial case widely considered to hold national importance

  • A mistake, or factual error made by an immigration judge

  • An inconsistency in the rulings between two or more immigration judges

If you wish to Appeal

The most typical of appeals that reach the BIA involve orders of removal and applications for relief from removal, and has standardized the process to some degree. If you or a loved one is an immigrant in the state of New York and are now facing deportation, you have the right to appeal the BIA. Please contact New York Immigration attorney Susan B. Henner today at 1-888-733-0141 or (914) 358-5200. If you wish to contact Susan by email please write to: Susan@sbhenner.com.

h1

IT Companies in India Claim Difficulties Getting Work Visas for Employees

April 18, 2012

If you need help with a work visa or any other Immigration matter in NY, contact Immigration Attorney Susan B. Henner at (914) 358-5200 for more information and assistance now.

Indian, U.S. firms urge Obama action on visas
USCIS is giving consideration to the idea
By Patrick Thibodeau
March 23, 2012

Computerworld – WASHINGTON – Some of the largest IT companies in India and the U.S. are complaining to President Obama that it has become increasingly difficult to get work visas for their employees — and they want him to take action.

In a letter Thursday to Obama, the companies said that the U.S. is creating “unprecedented delays and uncertainty” around L-1 visas, which are used for intra-company transfers of employees from foreign offices to U.S. offices. They claim that U.S. immigration authorities are exceeding the law in rejecting their visa applications.

The White House letter sheds light on just who is behind this push to change how the U.S. treats visa applications.

Although the L-1 visa is different from the H-1B visa, they are part of the same debate concerning the displacement of U.S. workers by foreign labor. Critics contend that offshore companies, in particular, use the L-1 for the same reason they use the H-1B visa: to help move work overseas.

In recent years, the U.S. has toughened enforcement of its H-1B and L-1 program through rejections of visa petitions and increased demands for paperwork that can lengthen the wait, and cost, of a visa.

Complaints about the visa processes have been growing in recent years, and the undertone of the letter to Obama is one of frustration. “Such delays or denials do not enhance compliance or enforcement and do nothing except disrupt carefully-laid business plans and create significant costs to the company and the American economy,” the companies told Obama.

Among the companies listed on the letter are major Indian offshore firms, including Wipro Technologies and Tata America International Corp. — a subsidiary of offshore giant Tata Consultancy Services — as well as firms that rely heavily on India and other countries for offshore labor, including U.S.-based Cognizant Technology Solutions and Accenture.

Other firms signing it included eBay, EMC, General Electric, Hewlett-Packard Co., Intel, Microsoft, Texas Instruments, as well as a number of firms in other industries, including Boeing, Dow Chemical, Caterpillar and Chevron USA. The U.S. Chamber of Commerce, along with numerous tech-related groups, signed it, too.

The lobbying effort has been largely behind-the-scenes, but its goal was outlined in a letter released earlier this month by the two leading congressional critics of work visa policies, U.S. Sens. Richard Durbin (D-Ill.) and Charles Grassley (R-Iowa).

In their letter to U.S. Citizenship and Immigration Service (USCIS) Director Alejandro Mayorkas, Grassley and Durbin said they were aware that the agency was considering making it easier for companies to transfer workers to the U.S. under the L-1B rules. The L-1 is the visa most commonly used.

“We are concerned that the L-1B program is harming American workers because some employers, especially foreign outsourcing companies, use L-1B visas to evade restrictions on the H-1B visa program,” wrote Grassley and Durbin.

Read more HERE