Archive for August, 2011

Undocumented Aliens: Please dont go to Notarios…

August 22, 2011

With news of the prosecutorial discretion in deportation flying, many illegals are flocking to attorneys and notarios. And notarios will make a lof of money from this deal by giving false hopes.

 

 Note: this announcement is preliminary.

So:

 

First: there is no uniform regulations, for individual Immighration and Customs agents to act yet.  This could take years

 

Second: There is only very preliminary talk about work permit, and work permits may not materialize

 

Third: Please dont turn yourself in, because in all likelihood you will be deported

 

Fourth: Notarios are not lawyers in the US, and they will mislead you and take your money.

 

Fifth: below are a very preliminary list of factors, and if you dont fall uunder many of them, this is not for you. If you entered by your own volition, illegally, and work here, this is not for you.

 

FACTORS:

 

 

the person’s length of presence in the United States;

 

 

the circumstances of the person’s arrival in the United States, particularly if the alien came to the United States as a young child;

 

the person’s pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution;

 

whether the person, or the person’s immediate relative, has served in the U.S. military, reserves, or national guard;

 

the person’s criminal history, including arrests, prior convictions, or outstanding arrest warrants;

 

the person’s ties and contributions to the community, including family relationships;

 

the person’s age, with particular consideration given to minors and the elderly;

 

whether the person has a U.S. citizen or permanent resident spouse, child, or parent;

 

whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;

 

whether the person or the person’s spouse is pregnant or nursing.

 

 

MY ADVICE: Just wait. Dont even go to an attorney now, becasue until the regulations come out, Attorneys will not be able to help either, and will charge for the advice above.

 

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

Dream half fulfilled

August 19, 2011

The Obama Administration announced a policy yesterday that it would not deport “young people” who had been brought into this country when they were young, and through no fault of their own.  These people were educated here, often going to college or joining the military. Legislation to grant them status were stalled in the Congress for over a decade.  The Republicans did not want to give them any status because “they could then pass on the status to their parents”.  However the re is no current law for the children to do that. These children can only petition for a spouse who is illegal under current laws. 

 

Yet these children came into the country through no fault of their own.  They were educated here, often having college degrees. Yet they lacked a social security number and cannot work. They cannot do anything in this country. And because they lived here, they had no other country. These educated young man and women are countryless. 

 

The Obama administration is not giving them a complete pass. Each case will be decided on a case by case merit. And only for this class of people, not for their parents who chose to come here illegally.  And only the fact that they will not be deported.  Immigration and Customs Enforcement (ICE)  have to use prosecutorial discretion. They have to consider their education, their ties to Unityed States Citizen, etc. And they will simply not be deported, they will not be given any status here.

 

Even then, Republicans like Lamar Smith of Texas (where else?) calls this a “backdoor method of amnesty.”

Hopefully the Latino community will remember this

 

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

 

Sound and Fury Signifying Nothing

August 5, 2011

On August 02, 2011, both Homeland Security Secretary, Janet Napolitano, and the United States Citizenship and Immigration Services (USCIS) director, Mr. Mayorkas announced that they are going to promote start up enterprises and entrepreneurs. Yes, America cant continue living on debt forever, yes, we need highly skilled people to come and create jobs in the US.  Tell that to the legislature that just raised the debt ceiling, and they will unequivocally say no to any immigration legislation right now. Note, the CIS cannot make laws. There are certain things that they can do, but will they?

 

The initiative says it will clarify when a new business can hire an ‘entrepreneur” in a new business when the company is a start up , and the employee is the sole employee.  Traditionally this type of business was shot down because according to CIS, the employer would not have the ability to pay. Will any new regulations be promulgated to make it easy for small or newly opened businesses to hire a sole H-1B employee? My guess is only if that business has substantial venture capital backing.  How many new people who have great ideas will find such a company in the US? How about we start with nullifying the unjust and selectively enforced 2010 Neufeld Control Memo?

 

The next thing that the proclamation talks about is Employment Based Second Preference.  To obtain that, businesses have to get a labor certification. Labor certification, granted by the Department of Labor (not by CIS) prohibits businesses closely associated with the beneficiary from applying.  And in a case of National Interest Waiver, education is not enough. The requirements and the denial rates are rising rather then webbing for such jobs that Americans don’t do, like bio research. I had to prove that the scope of breast cancer research was “national” rather than “regional” in scope. There are no new laws, just some empty tall talk. But whenever this happens, it gives a lot of false hopes to intending immigrants, hopes that will be dashed soon.

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