Self Deportation and Our Economy

Mitt Romney walked into a storm when he used the term, “self deportation” ie don’t give illegal people jobs, and they will self deport themselves. This idea was already present in America, with a different (better sounding) term: Attrition Through Enforcement.” The blog by Immigration Policy Center talks about how research shows that immigrants will not leave even if they don’t have a job, because many have lived here for more than 10 years, and have roots here.

Well, let’s just assume Mitt Romney is right. If we demand to see “papers” for every job, that illegal immigrants will simply leave and go away. What will happen then to the American economy?

Construction costs will go up, and construction will take forever.  Because Americans will simply not do the job. No one will pick fruits and vegetables, so as Stephen Colbert pointed out, “we should simply stop eating fruits and vegetables.” And maybe build our own houses. I wonder if Romney’s grand kids would mow the White House lawns.  And yes, no one will cut up chickens and eggs.

Or maybe, as the Conservatives so often want, we can go back to the lifestyles of the original founders of the country. Work with our hands, make this country white only, and preserve our guns. And then we can simply sit and watch all other nations bypass us.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Visa Numbers Progressing

Everyone from India or China who is waiting for a green card number knows that the Employment based second preference visa numbers are moving very fast.  And the good news is that it is predicted to move fast, at least by 6 months, for the March Visa Bulletin that will come out in the middle of February. Every Country is allocated a fixed visa number and the numbers are distributed according to categories.

 

The First Categories consists of PhDs with a high level of research experience.  They either have “extraordinary ability” or are Outstanding Researchers. The other group consists of International Managers and Executives generally with an L-1A visa. These people are deemed to have the highest priority and are given the visa first.

 

The number of visas left over are given to the Second Preference, who are either Master’s degree holders, or have a Bachelors and five years of experience. Also included in this group are researchers, whose institutions just use them as slave labor and don’t petition for them. They have to prove that it is in the National Interest to waive the requirement of a labor certification. Since China and India are huge countries, and there are huge numbers of EB-1 and Eb-2, they use up their quota very quickly.  Thus if you were born in India and China, and are in EB-2 you had to wait for 5 years to get the visa, as opposed to people born in other countries.

 

However since October of 2011, the numbers for Eb-2 for India and China had been advancing rapidly. And that movement is expected to continue for the next several months.

 

Mr. Oppenheim of the Visa Office of the State Department said that the rapid movement is because there is very little Eb-1 petitions filed. That is probably because EB-1 has become much harder. The standard for Extraordinary has been increased, simultaneously as the average in our country has dumbed down.

 

However with so many filings, the USCIS will take forever to adjudicate these petitions. The visa numbers are expected to increase for some months; if after that the numbers retrogress, then all applicants will probably not be able to get their Green cards, and have to wait. However at least the H-4 dependents can work with their EAD cards.

 

EB-3 however will still remain retrogressed.

 

Meanwhile there is no progress to the Fairness and High Skilled Immigrant Act, (HR 3012) which sought to do away with per country quotas and passed with overwhelming majority in the House. Senator Grassley (R-Iowa) and anti Indian placed a permanent hold on the bill. Senator Grassley has a Master’s degree in Arts from Iowa State Teacher’s College. I’m sure like his Republican colleague, Ted Stevens, he thinks that the internet is a “bunch of tubes” and can be programmed by humanities majors from Iowa State Teacher’s College.

 

 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Keeping Families together

Under the present law, anyone who entered the US illegally cannot adjust for status in the US.  However, if they entered legally, ie on a visitor’s etc, and then overstayed, they can still adjust for status if they married a US Citizen, even though they have no valid status anymore. However love does not make this distinction. People who entered US illegally, fall in love with citizens, marry and have children. If they had to become citizens, they would have to return to their home countries and wait for a waiver. The law dictated that if people who are illegal leaves the US, they would not be allowed in for 3 or 10 years depending on the length of their illegal stay. The CIS and State Department had the power to waive this requirement due to hardship.  However this process took a long time, and there was no guarantee of success. So the illegal spouse would have to leave their spouse and children , go back and wait forever for the mercy of the US Consulate.

 

Thus we could not advise clients in good faith to do this. And the spouse remained illegal.  That spouse could not work, have health insurance or any other types of insurances. Even though their spouse as US Citizen was paying taxes, they would have to live as a second class inhabitants.

 

On Friday the Obama administration announced that they would ameliorate the situation by making those waivers (known as 601 waivers, faster and perhaps easier. That would keep the family intact and not treat a member differently than the rest of the family. However, the pro family Republican party has accused the President of using back door methods to grant amnesty.

 

We would like to advise people caught in this situation to wait right now until further regulations are issued before they decide what their next step would be.

 

 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

How Arapiao and others justify Discrimination

A few weeks ago I was in a spin class taught by this ultra conservative Christian teacher who had openly professed that the tsunami in Asia happened because “God punished those heathens.”  The teacher was substituting the class, which was supposed to be a non religious spin class. (In her own class she only plays Christian music).  I asked her if she was playing Christian music, not because I dislike Christian music, but because at 5:45 am I want something loud with a fast rhythm. She immediately had it in for me. She did not play Christian music, but tried to correct the way I sat on a spin bike.  Not the adjustment and bike setting, but my posture. I do a ton of spin classes and have been doing them for quite some time to know what to do. She obviously wanted to mess me up, so that I would injure my knees. When I told her to stay away, she immediately derided me publicly and said I was anti Christian. (with her microphone). She also tried to justify it by saying that she is a certified instructor and was trying to “correct me.”

 

Yes, you can justify discrimination. The slave masters did it.  And so does Maricopa county Sheriff, Joe Arapiao. How can you justify making illegal criminals wear pink underwear in jail and countless other indiscretions.  How can you justify stopping people simply because of the color of their skin? How can you justify not looking into sexual misconducts against Hispanic victims? By blaming the Obama Administration as using this as political move. Exactly like the spin teacher derided me for being anti Christian when I told her to stay away. Arapiao said, “Don’t come here and use me as a whipping boy for a national and international problem,” he said. “We are proud of the work we have done to fight illegal immigration. ”  

The Justice Department released a scathing report after a long investigation, and the DHS revoked the counties ability to assist it in the Secure Communities Program. 

Yes, I understand that the Republicans hate illegal immigrants. And yes, we need to pass legislation. But how can America justify violating the civil rights of anyone? Interestingly the forefathers of these same people thought trading and selling slaves was OK.  And these forefathers at that time blamed the then Republican Lincoln of political moves. 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Supreme Court will hear Arizona’s Immigration Law

The Supreme Court has given certiorari to the Arizona case dealing with illegal immigrants. However the Supreme Court will only address the following questions:

 

• Section 2(B), which requires local police officers to investigate the immigration status of any person they stop or detain whom they possess “reasonable suspicion” to believe is unlawfully present in the United States;
• Section 3, which makes it a crime under Arizona law for foreign nationals to fail to carry or apply for registration papers provided by the federal government;
• Section 5, which makes it a crime under Arizona law for immigrants to solicit, apply for, or perform work without federal employment authorization; and
• Section 6, which authorizes local police officers to arrest foreign nationals whom they have “probable cause” to believe have committed an offense making them deportable from the United States.

Thus the court has thankfully left the bigger question of whether individual states have the right to rule on Federal Immigration issue alone.  Knowing that the justices are conservative, they would probably rule for State rights which would create a mess.

 

Justice Kagan is recusing herself. This means that the court will be heavily Conservative. And most probably they will rule for Arizona’s ability to keep the provisions alive. However in Alabama, a German Manager from a Mercedes Benz plant and a Japanese Manager from a Honda plant was detained by police.  These companies will eventually leave Alabama. So good luck to the businesses in Arizona. 

 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more 

Country quotas

HR 3012 passed by a huge majority in the House. The bill does away with per country restrictions in issuing Green card, Permanent Residence visas. Right now there are restrictions as to how many Permanent Resident visas are given to each country. For Employment visas, countries with huge educated population, notably India and China fill up their quotas very easily.  As a result there were long lines for qualified individuals, possessing at least a Master’s Degree or a Bachelor’s Degree with 5 yrs of experience (EB-2).  People born in India and China had to wait for as long as 5 years, while they watched individuals with the exact same qualification as them, but born in other countries getting their Green Cards much faster.   This bill if it passes the Senate and become law, will make the EB-2 category for India and China the same as that of wany other country.  It will also make family immigration from Mexico and Philipines much faster.

The per country quota was established to do “social engineering” so that the population of the USA remain the same balance that it originally was. This is inherently discriminatory and against the principles on what our nation was founded upon.  What if there were quotas for Pilgrims, Irish or Italian immigrants?  The history of Immigration Law in this country actually rivals that of slavery. Yet it is practiced still today. And thus this bill has bipartisan support. It passed with huge support in the House.  Hopefully the Senate Democrats wont put in issues of Dream Act into the bill, and have the Republicans oppose it.

There is a moral difference for doing away with the per country quotas and granting amnesty to the American children, brought over here illegally through no fault of their own, and having education yet no status (known as the Dream Act). I feel for these children.  But the country quotas has to do with whether, America as a country, want to maintain the Euro centric society and engage in social engineering.  The  Dream Act  has to do with America having a heart and granting Amnesty.  One has to do with America being inherently discriminatory, the other has to do with American charity. Charity is great, but Discrimination is impermissible.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

 

 

Knowledge of English for Citizenship Test

One of the requirements of the US Citizenship test is that the applicant demonstrate knowledge of English.  Many applicant, especially with limited knowledge of English take this to mean that if they pass the civics test, that is enough. However knowledge of English is a separate requirement than the knowledge of Civics. The law defines it as, “an understanding of the English language, including the ability to read, write and speak words in ordinary usage in the English language. “  However the law only requires a “reasonable test of literacy” and that “no extraordinary or unreasonable conditions shall be imposed on the applicant.”

The English written test uses sentences using simple words prescribed by USCIS. Thus those sentences are not unreasonable.  However the oral test is left up to the discretion of individual officers. In my experience, when some officers see applicants with limited knowledge of English, they get harder. I have had several officers ask applicants, after swearing-in to tell the truth, the definition of truth. Everyone knows what the word truth means, but it’s very hard to define a concept.  In fact, we should ask Rick Perry to define it on the spot and see how he does. I have also seen officers ask the definition of what it means to ‘swear allegiance.”  Yes, try define that Mr. Texas Governor.

On the other hand though I come across clients who parrot the answers to the 100 questions, and expect to vomit it out in the exam and pass. And yes, they pass the civics portion, but they don’t understand a word of English. An applicant must know enough English to be able to function in society, (ie do jury duty) and be able to make a reasonable decision during elections. And that means understanding people with somewhat more brain than Rick Perry. 

My best advice is to learn the 100 questions, but also to watch English TV.  TV is a fun and painless way to learn enough English to pass the Naturalization test.

 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

 

Why American workers just won’t do some jobs

This week  Business week explored the subject as to why some Americans wont do “Dirty Jobs.”  After Alabama passed its most restrictive Immigration Law, the poultry industry, the fruit picking industry, the construction industry are all virtually shut down because no Americans who will take these jobs. This even though Birmingham Alabama is declaring bankruptcy and unemployment is sky high. The article says that these jobs are hard, and pay little with no benefits. The comments on the article are ablaze with how these employers should pay higher amounts and have benefits. But the article does not elucidate as to what will happen if we mandate employers to do that.

The cost of food will go up. The Americans will initially take the jobs.  Then when they discover that its hard work, they will quit. Why? because Americans have this sense of entitlement that immigrants don’t have.

This sense of entitlement amongst “true Americans” is pervasive throughout the society. Go to any ivy league college, and there are the kids who got in through legacy, who will walk around in their designer clothes as if they own the world. Yet they contrast with their immigrant classmate, who got in based on merit and continue to outperform the legacy kids in academics.  That is why you have people like George Bush and Rick Perry, graduating with a “gentleman’s C”  They never had to work hard ever in their lives.

Same is true of the blue-collar workers. They are spoiled with clean, cool working conditions with accompanying money and benefits. Make them work in the field under the burning sun or in a smelly poultry factory, and their auto industry trained body will not take it.

Yet immigrants come in, work hard and don’t complain. That is true of all immigrants , in all ages, starting from the pilgrims. They were not born into privilege. They chose to live in America and expect to work hard and go up the ladder. And that is how America was built, and that is how it became a super power.

So if we become restrictionists like Arizona and Alabama, it is our quality that will suffer.  By becoming insular and white, we will turn the clock back to the time of the Willy Lomans (Death of a Salesman) of this country.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Privacy Issues in the Internet Age

This week the Supreme Court heard a case as to whether the police can track an individual through a GPS (available in most smart phones) without a warrant. USCIS has also been using the internet for some time now.  For family based cases based on marriage, the officers check facebook to see the status of the person. Never mind that some people forget to update their status from single to married especially if they are not addicted to Face Book.

But what is more irritating is that USCIS uses Dun and Bradstreet (a private company) to check the address of companies filing for employment based cases. D&B extremely frequently do not update their listing of the Companies.  USCIS  “suggests” that the Employer update their information in D&B. Employers are not lawyers and get scared whenever any Government authority tells them to do something. So they call D&B, who then sign on these employers for paid listings, etc. In the end, this Government agency is enabling a private company to solicit employers and enrich their pockets.

Is this Legal? Yes, employers may not have a right to privacy, but should USCIS suggest to employers to follow up with D&B reporting? Especially when there is NO law to do so?

 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

PERM AUDITS

The Department of Labor (DOL) has announced that the Perm audits will increase. Of these audits, 24% are certified, 55 % are denied and 21% are withdrawn.

The DOL says most of the denials are in the lower skilled categories and in the financial industry. DOL feels that by denying these petitions, they are protecting American jobs.  However, there are some lower skilled jobs (like machine work, technical work in the oil and gas industry) where there is a real shortage of US workers. No US Employer goes through the hassle and expense of the Immigration process if they can find qualified local grads. And by “qualified” I don’t mean the least qualified, I mean the most competitive.

The DOL also expressed surprise that 21% of the cases were withdrawn.  They think that those are fraudulent filings. Not so.  It takes two years for an audit.  The DOL has a target time of 45-60 days for approving PERMS. Many qualified employees don’t want to wait that long.

The whole problem with restrictionist policies is that they negate free market capitalism, and thus are inherently un American.

 

And that is the problem of the whole PERM process. DOL just restricts the job to the least qualified individual who can do the job. Lets say the Petitioner is Bank of America. The position is an investment analyst.  The minimum education requirement is a Bachelor’s Degree.  The Beneficiary is a graduate in finance and Math from MIT.  Lets say someone with Rick Perry’s credentials (a C from Texas A & M ) applies. Would you rather have financial advice from the American born A & M grad or the foreign-born MIT grad? By insisting on having the lowest possible credentials available to do the job, the DOL is actually dumbing down the American workforce and decreasing quality of work here.

 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information