Archive for December, 2011

How Arapiao and others justify Discrimination

December 16, 2011

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

December 12, 2011

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

December 6, 2011

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

December 1, 2011

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