Archive for November, 2010

Thanksgiving

November 24, 2010

I wonder if this Thanksgiving, somewhere a little child in Mexico will have food because his father works very hard, day in day out as an illegal worker here

I wonder if somewhere in India a dying father will get medical treatment because his son is working at an H-1B job, staying far longer than other US workers, and after work going home and saving the money

I wonder if somewhere in US, a first generation parent will be offering thanks because her child got into the ivy league in early decision

I wonder if somewhere in the US, a wife of an immigrant soldier will heave a sigh of relief that her husband is still alive trying to defend this country

I wonder if somewhere in the US, a foreign student will graciously pick at his turkey, when his friends invite him to Thanksgiving dinner, even though the meat does not appeal to his taste buds

I wonder how many families will infuse their turkey with masala, vodka, chorizo, or dashi

To all the hard working people of this country, Thank You

 

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

Request For Evidence in Immigration Cases

November 19, 2010
Generally in an Immigration Petition, the burden of proof is on the applicant or the Petitioner. The petition is filed usually with the forms, supporting letters/briefs and copies of documents to prove the elements of law. Unless there is some evidence in the petition that prima facie negates the elements of the law in a case, the Citizenship and Immigration Services (CIS) cannot deny the petition without due process. Thus they issue “request for Evidence” or RFEs. Although RFEs are supposed to give the applicant due process rights to prove their cases, the CIS Officers use it for anything and everything, and the RFEs vary in intelligent quotient with the IQs of the officers. Here are some weird reasons for the RFEs:

Officers need more time

Some Officers use it for additional time, and give a template with an exhaustive list of things way beyond what would be normally necessary for the petition. They know that the applicant will take time gathering all these thousands of documents and meanwhile its not the officer’s fault that the petition has not been adjudicated

Officers are Either Stupid or Lazy or Both

These are the DUH RFEs. I have been asked by the Texas Service Center to prove that Breast Cancer research is National vs Local in scope for a National Interest Waiver Case. Does Dallas have those little pink ribbons for Susan Komen Foundation every October? An Immigration Attorney friend of mine was asked, “whats the difference between Cylon and Sri Lanka?”

Officers are Plain Lazy

There are ample instances where if the petition is little thick, the officers will simply ask for documents that are already in the original petition.

Officers have not met their denial quota

I don’t know if there is such a quota, but some RFEs are so lengthy, you can tell that the officer is fishing for any reason to deny the case.

Currently the standards for RFEs vary enormously. However the CIS is looking into standardizing RFEs, if that is they can be standardized. But standardizing RFEs is just one equation, inputting common sense into the officers are easier said that done

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

When Life and Liberty goes by Government mistakes

November 12, 2010

The purpose of modern democratic Government is to look at the welfare of the Public. It is not to hang people, it is not to deport people, it is to protect people. Yes, the Government should enforce the law, but they do not have the right to restrict the life and liberty of innocent people.  Yet very often that’s what happens.

Recently, the Innocence project of New York uncovered that a man executed in Texas in 2000 by a proof of a single strand of hair was a mistake.  The hair did not match DNA evidence. The New Yorker Magazine last summer also uncovered how a Texas man was put to death for a fire that killed his children, a fire he did not set. Not only did he loose his children, but he also lost his life falsely at the hands of the Government.

Similarly TRAC came out with a report that of all the persons that ICE seeks to deport, the judges have found 33% were wrongly held.  Many people born here cannot speak the language, and are assumed to be illegal. If ICE is doing such a poor job, I shudder to think what Arizona will do.

Yet when the country was founded, it was founded to ensure that the Citizen’s life liberty and property were protected. The founding fathers guaranteed that in our Constitution. Yet more and more we are moving away from a benevolent state to one were laws are enforced sometimes unfairly.

 

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

Immigration and Elections

November 4, 2010

The elections are over, and voters have chosen overwhelmingly Republican candidates. Steve King would probably become the next chairman of the House committee on Immigration.

He is fervently anti immigrant. He believes that illegal immigrants are all terrorists, and that they have killed more Americans than Iraq and Afghanistan combined. He hates Muslims. And yes, he loves the Arizona Immigration Act. A model Republican.
Will he change? Will he attempt any Comprehensive Immigration Reform? That all depends on what the voting climate is, about a year from now. If the Republicans maintain their “just say no” policy, voters may get frustrated. Also if the economy improves, the general public may want to have immigration reforms. Then he will certainly change colors.
Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Image Program

November 2, 2010

Immigration and Customs Enforcement has a program called IMAGE (ICE mutual Agreement between Government and Employers.) The program is designed to prevent employers from hiring illegal workers. 

It is a voluntary program whereby the employers participate in E verify and Social Security Verification Service and train their personnel in “Image Best Practices.”

There is a report out that two Houston Area businesses joined IMAGE. One is a Maintainance and Costruction Company which does exclusively federal Government services, and the other is a staffing agency which provides high level jobs. Obviosuly both these businesses cannot hire illegal workers.  So its easy for them to sign on.

But the businesses that cannot find workers— restaurants, poultry, general construction, etc, will not sign on. They prefer to have American workers, but those workers dont work hard, and charge too much.

If there were no jobs in the US for the illegal people, they would not be here.  But there is.  They do the jobs that American people would rather collect welfare than do.

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