Many think that once a petition has been filed for them by their relatives in the U.S., there are only very minor roadblocks they can expect along the way. This can be the case, most especially if the petition has been checked for accuracy and veracity and has been forwarded to the National Visa Center, where it is waiting for the priority date to become current. Nothing else should worry you and you can just go on living your life until the priority date becomes current. At some point, however, you might realize, it may take 10, 15, or more years before your visa becomes current.
Every month, we await the next visa bulletin and pray that the priority dates have shifted forward. We just want to be able to give our clients a glimpse of hope that they are getting closer to their dreams of receiving a green card. Well, the 2010 September Visa Bulletin has finally delivered some good news for the family visa category. Visit our website for a link to the Department of State Visa Bulletin:
https://busnanlaw.com/HELPFUL_LINKS.html
Some of the preference categories jumped forward as much as 2 years! This is great news for many of our clients and those who have been patiently waiting. For those of you who have a family petition pending, please check the 2010 September visa bulletin carefully and see if your wait is finally over.
If your petition’s priority date is current and you would like help in obtaining your immigrant visa or green card, please feel free to contact us.
https://busnanlaw.com/SERVICES.html
Written by Vi Nanthaveth of Bus & Nanthaveth, PLLC
Thursday, August 19, 2010
Friday, June 4, 2010
Arizona's dry hate
I lived in Arizona for ten years, received my undergraduate and law degrees from the University of Arizona, and suffered through many an Arizona summer. If you ask me, or anyone else who's experienced the brutal 100+ degree weather how we stood it, we might try to minimize the heat, saying, sure it's hot, but it's a dry heat. Ask an Arizona lawmaker about their stringent new immigration enforcement measures and they might try to justify them, by saying, sure they're harsh, but it's a necessary harshness. But is it, really? Or is it just a dry hate?
The law, which was signed by Arizona Governor Jan Brewer last month and will take effect on July 29, 2010, is the strictest immigration measure enacted by any state. It makes the failure to carry proof of immigration status a crime. It requires police or other local law enforcement officers to determine the immigration status of anyone they have "reasonable suspicion" to believe is an illegal alien. And finally, it allows individual residents of Arizona to sue local governments if they believe that the law is not being enforced.
How did Arizona get to this point? Arizona lawmakers would tell you that it had to be done. Last week in an interview, Governor Janet Brewer stated that, "We are out here on the battlefield getting the impact of all this illegal immigration, and all the crime that comes with it." The bill's primary, stated goal is "attrition through enforcement," meaning that Arizona is actively seeking to keep illegal immigrants out of its state and to drive out the ones that have already settled there. This strategy will surely work, although whether or not it is constitutional is a matter that will be settled in the courts. But does this strategy achieve anything positive for Arizona? Will it decrease the crime rate and make the state a safer place to live?
The Pew Hispanic Center estimates that approximately 500,000 undocumented immigrants lived in Arizona in 2008 and that they accounted for 10% of the state's workforce. I'll grant you: that's a significant portion of the state. And naturally, where there's an illegal immigrant population in a border state, crime reigns supreme, right? Not so fast.
A recently released FBI study shows that the top four big cities in America with the lowest rates of violent crime are all in border states: San Diego, Phoenix, El Paso and Austin. You read that correctly, Governor Brewer's hometown, Phoenix, was one of them. Compare El Paso's murder rate for 2009: 4, with Washington D.C.'s rate in the same year: 66. And the Customs and Border Protection agency released their own in-house study, which shows that Border Patrol Agents are at less risk of harm than police officers in most big cities. Only 3 percent of their agents were assaulted last year (and most assaults involved rock throwing), versus 11 percent of police officers and sheriff's deputies assaulted during the same time frame.
So what's really at play here? Arizona is a state in crisis, that's true,but it’s an economic crisis. Housing foreclosures are soaring and businesses are closing their doors. Hard-hit by the recession, the state itself is facing a $1.6 million dollar deficit and budget woes have forced massive pay cuts and layoffs for state employees, and cutbacks in social services programs and assistance to Arizona families in need. If history has taught us anything, it’s that xenophobia and anti-immigrant sentiments rise when the native population feels threatened by outsiders. Today, it’s the largely-Hispanic immigrant population in Arizona that faces an unwelcoming and hostile native population, whereas 200 years ago it was the recent immigrant populations from Germany, Italy and Ireland. These trends are cyclical, but it doesn’t make them justifiable.
Another argument that has been made in Arizona is that they are simply enforcing federal law, where the federal government cannot or will not. Recently, Governor Brewer met with President Obama at the White House. The White House press release says that their meeting was good and that the President and Governor Brewer discussed the President’s decision to deploy up to an additional 1,200 requirements based National Guard troops to the border and his upcoming request to Congress of $500 million in supplemental funds for enhanced border protection and law enforcement activities as part of that integrated strategy. So that should alleviate any lingering concerns that Arizonans have about border security affecting their local crime rates.
What I found more encouraging about the White House’s press release was that the President underscored that security measures alone won’t fix the broken borders. President Obama reiterated that there needs to be comprehensive immigration reform that includes: “lasting and dedicated resources by which to secure our borders and make our communities safer; holding unscrupulous employers accountable who hire workers illegally and exploit them and providing clear guidance for the many employers who want to play by the rules; an requiring those who have come here illegally to pay a fine, pay back taxes, learn English, and get right with the law.” It is only through comprehensive and fair immigration reform that as a country, we will move forward and leave behind laws that are based in misunderstanding and in fear.
The law, which was signed by Arizona Governor Jan Brewer last month and will take effect on July 29, 2010, is the strictest immigration measure enacted by any state. It makes the failure to carry proof of immigration status a crime. It requires police or other local law enforcement officers to determine the immigration status of anyone they have "reasonable suspicion" to believe is an illegal alien. And finally, it allows individual residents of Arizona to sue local governments if they believe that the law is not being enforced.
How did Arizona get to this point? Arizona lawmakers would tell you that it had to be done. Last week in an interview, Governor Janet Brewer stated that, "We are out here on the battlefield getting the impact of all this illegal immigration, and all the crime that comes with it." The bill's primary, stated goal is "attrition through enforcement," meaning that Arizona is actively seeking to keep illegal immigrants out of its state and to drive out the ones that have already settled there. This strategy will surely work, although whether or not it is constitutional is a matter that will be settled in the courts. But does this strategy achieve anything positive for Arizona? Will it decrease the crime rate and make the state a safer place to live?
The Pew Hispanic Center estimates that approximately 500,000 undocumented immigrants lived in Arizona in 2008 and that they accounted for 10% of the state's workforce. I'll grant you: that's a significant portion of the state. And naturally, where there's an illegal immigrant population in a border state, crime reigns supreme, right? Not so fast.
A recently released FBI study shows that the top four big cities in America with the lowest rates of violent crime are all in border states: San Diego, Phoenix, El Paso and Austin. You read that correctly, Governor Brewer's hometown, Phoenix, was one of them. Compare El Paso's murder rate for 2009: 4, with Washington D.C.'s rate in the same year: 66. And the Customs and Border Protection agency released their own in-house study, which shows that Border Patrol Agents are at less risk of harm than police officers in most big cities. Only 3 percent of their agents were assaulted last year (and most assaults involved rock throwing), versus 11 percent of police officers and sheriff's deputies assaulted during the same time frame.
So what's really at play here? Arizona is a state in crisis, that's true,but it’s an economic crisis. Housing foreclosures are soaring and businesses are closing their doors. Hard-hit by the recession, the state itself is facing a $1.6 million dollar deficit and budget woes have forced massive pay cuts and layoffs for state employees, and cutbacks in social services programs and assistance to Arizona families in need. If history has taught us anything, it’s that xenophobia and anti-immigrant sentiments rise when the native population feels threatened by outsiders. Today, it’s the largely-Hispanic immigrant population in Arizona that faces an unwelcoming and hostile native population, whereas 200 years ago it was the recent immigrant populations from Germany, Italy and Ireland. These trends are cyclical, but it doesn’t make them justifiable.
Another argument that has been made in Arizona is that they are simply enforcing federal law, where the federal government cannot or will not. Recently, Governor Brewer met with President Obama at the White House. The White House press release says that their meeting was good and that the President and Governor Brewer discussed the President’s decision to deploy up to an additional 1,200 requirements based National Guard troops to the border and his upcoming request to Congress of $500 million in supplemental funds for enhanced border protection and law enforcement activities as part of that integrated strategy. So that should alleviate any lingering concerns that Arizonans have about border security affecting their local crime rates.
What I found more encouraging about the White House’s press release was that the President underscored that security measures alone won’t fix the broken borders. President Obama reiterated that there needs to be comprehensive immigration reform that includes: “lasting and dedicated resources by which to secure our borders and make our communities safer; holding unscrupulous employers accountable who hire workers illegally and exploit them and providing clear guidance for the many employers who want to play by the rules; an requiring those who have come here illegally to pay a fine, pay back taxes, learn English, and get right with the law.” It is only through comprehensive and fair immigration reform that as a country, we will move forward and leave behind laws that are based in misunderstanding and in fear.
Wednesday, April 7, 2010
One little piece of paper, many big consequences
When you enter the U.S. on a visa or as part of the Visa Waiver Program, you should fill out a document called the Arrival-Departure Record, or Form I-94/I-94W. When you go through inspection, the Customs and Border Protection officer will keep the top half of the form, and then stamp or hand-write some information on the bottom of the form and return that small square of paper to you. Sometimes the officer will staple it into your passport for you and sometimes they will simply place it loosely in your passport. Don't let its small size trick you, that little slip of paper is very important, for two reasons:
Number 1: The I-94/I-94W will show you under what status you are admitted to the U.S., and for how long you can stay. It is your proof that you have permission to be in the U.S. For most visa categories, and for the Visa Waiver Program, it will show the date when your stay in the U.S. must end. For students and other categories, it may list "D/S" or duration of status, meaning that you can stay in the U.S. for as long as you maintain your nonimmigrant status. There are several situations that may cause your lawful stay in the U.S. to end before the expiration of your I-94, for instance, if you lose the job that your work visa is tied to, or if you drop below full time enrollment. In that case, you should visit an immigration attorney to discuss your options. It is very important that you take action to extend or change your status in the U.S. before your I-94 date expires, otherwise you must leave the U.S. or face consequences for your unlawful overstay. Keep in mind that even if you have a visa that is still valid, it is the date on your I-94 that is all important.
Number 2: The I-94/I-94W also serves as your departure record and you must turn it in at the time that you leave the U.S. If you are departing by air, turn the I-94/I-94W into the airline prior to departure. If you are departing by sea, turn the I-94/I-94W into the shipping line prior to departure. If you are departing by land and you will not be returning to the United States within 30 days, please turn the I-94/I-94W into the Canadian or Mexican authorities upon departure from the United States.
If you don't turn in your I-94/I-94W, the Department of Homeland Security has no way to record your lawful and timely departure from the U.S. and you may face difficulties the next time you apply for a visa or try to re-enter the U.S.
Fortunately, even if you weren't able to turn in your I-94/I-94W the last time you left the U.S., there is a safety net. You can send your I-94/I-94W to the following address:
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
U.S.A.
You should also include a cover letter, written in English, and copies of the following documents that prove you left the U.S.:
Number 1: The I-94/I-94W will show you under what status you are admitted to the U.S., and for how long you can stay. It is your proof that you have permission to be in the U.S. For most visa categories, and for the Visa Waiver Program, it will show the date when your stay in the U.S. must end. For students and other categories, it may list "D/S" or duration of status, meaning that you can stay in the U.S. for as long as you maintain your nonimmigrant status. There are several situations that may cause your lawful stay in the U.S. to end before the expiration of your I-94, for instance, if you lose the job that your work visa is tied to, or if you drop below full time enrollment. In that case, you should visit an immigration attorney to discuss your options. It is very important that you take action to extend or change your status in the U.S. before your I-94 date expires, otherwise you must leave the U.S. or face consequences for your unlawful overstay. Keep in mind that even if you have a visa that is still valid, it is the date on your I-94 that is all important.
Number 2: The I-94/I-94W also serves as your departure record and you must turn it in at the time that you leave the U.S. If you are departing by air, turn the I-94/I-94W into the airline prior to departure. If you are departing by sea, turn the I-94/I-94W into the shipping line prior to departure. If you are departing by land and you will not be returning to the United States within 30 days, please turn the I-94/I-94W into the Canadian or Mexican authorities upon departure from the United States.
If you don't turn in your I-94/I-94W, the Department of Homeland Security has no way to record your lawful and timely departure from the U.S. and you may face difficulties the next time you apply for a visa or try to re-enter the U.S.
Fortunately, even if you weren't able to turn in your I-94/I-94W the last time you left the U.S., there is a safety net. You can send your I-94/I-94W to the following address:
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
U.S.A.
You should also include a cover letter, written in English, and copies of the following documents that prove you left the U.S.:
- Original boarding passes you used to depart the United States
- Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph.)
- Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States
- Dated bank records showing transactions to indicate you were in another country after you left the United States
- School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States
- Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
Monday, February 8, 2010
It's that time again... H-1Bs for Fiscal Year 2011
It seems like only yesterday we were talking about how H-1B visas were going to run out for Fiscal Year 2010. Sure enough, the H-1B cap was met on December 21, 2010. The 2010 H-1B filing season ran on unusually long last year, due to the downturn in the economy. In a "normal" year the H-1B visa cap is met within a few days after the U.S. Citizenship and Immigration Services (USCIS) begins accepting petitions. In fact, USCIS usually receives so many petitions that they have to use a computer-generated lottery system to choose the lucky 65,000 petitions that they will process.
Now, we turn our attention to the Fiscal Year 2011 H-1B season. As always, employers need to start planning well in advance, since they will be petitioning for employees to start work on October 1, 2010. USCIS will begin accepting H-1B petitions on April 1, 2010 - less than two months from now.
Who is a good candidate for an H-1B visa? Well, there are a few criteria:
1. The prospective employee must have at least the equivalent of a U.S. bachelor's degree
2. The job to be filled must normally require at least a bachelor's degree to perform
3. The prospective employee must possess any certifications or endorsements necessary to perform the position
3. The employer must promise that the H-1B worker won't adversely affect the wages or working conditions of their U.S. employees
If you believe that you are a good candidate to petition for an H-1B visa, you should contact an attorney experienced in immigration law, so that they can analyze your case and make sure you meet the Department of Labor and USCIS regulations.
What will the Fiscal Year 2011 H-1B season hold? Will the 65,000 visa limit run out in the first few days, or will visas be available for months and months, as they were last year? It's difficult to predict and depends on the rate of job growth in the U.S. economy as a whole... which is hard to predict. The safest bet is to treat H-1B filings as though the cap will be met in the first few days of April. That way, employers and employees alike can rest assured that they're not missing out on a chance that only comes once a year.
Best of luck!
Now, we turn our attention to the Fiscal Year 2011 H-1B season. As always, employers need to start planning well in advance, since they will be petitioning for employees to start work on October 1, 2010. USCIS will begin accepting H-1B petitions on April 1, 2010 - less than two months from now.
Who is a good candidate for an H-1B visa? Well, there are a few criteria:
1. The prospective employee must have at least the equivalent of a U.S. bachelor's degree
2. The job to be filled must normally require at least a bachelor's degree to perform
3. The prospective employee must possess any certifications or endorsements necessary to perform the position
3. The employer must promise that the H-1B worker won't adversely affect the wages or working conditions of their U.S. employees
If you believe that you are a good candidate to petition for an H-1B visa, you should contact an attorney experienced in immigration law, so that they can analyze your case and make sure you meet the Department of Labor and USCIS regulations.
What will the Fiscal Year 2011 H-1B season hold? Will the 65,000 visa limit run out in the first few days, or will visas be available for months and months, as they were last year? It's difficult to predict and depends on the rate of job growth in the U.S. economy as a whole... which is hard to predict. The safest bet is to treat H-1B filings as though the cap will be met in the first few days of April. That way, employers and employees alike can rest assured that they're not missing out on a chance that only comes once a year.
Best of luck!
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