The Immigrant Magazine. Resources for Immigrans in America.

Immigration Issues

 

 

NEW PILOT PROGRAM AFFORDS CERTAIN FOREIGN NATIONALS UNIQUE OPPORTUNITY FOR ENLISTMENT AND US CITIZENSHIP
By  David Fullmer

In order to aid the recruitment efforts of the US Armed Forces, the Department of Defense (“DOD”) adopted the “Military Accessions Vital to National Interest (MAVNI) Recruitment Pilot” Program which allows foreign nationals living legally in the U S to enlist in the armed services commencing on February 23, 2009.    Under MAVNI for the first time in recent years, legal non-immigrants in the U.S. will have the opportunity to enlist in the Army, Navy, Air Force, Marine Corps, and Coast Guard without first having to obtain lawful permanent residence.  These service personnel will then have access to an expedited path to U.S. Citizenship.  Read More

Greencard through Marriage and Removal Proceedings
By Victoria Suh Esq

If you are in removal proceedings in front of the Immigration Court, you may apply for your greencard if you are married to a US citizen. The process is a little bit different than when you apply for your greencard through marriage and are not in removal proceedings. Read More

IMMIGRATION UPDATE

April 30, 2009   Washington, D.C. - The Department of Homeland Security announced policy changes around worksite immigration enforcement. Senior Policy Analyst Michele Waslin of the Immigration Policy Center (IPC) issued the following statement:
 
"IPC is encouraged by the Department of Homeland Security's (DHS) decision to refocus its worksite enforcement on those employers who are exploiting the broken immigration system. This is a good first step in realigning enforcement priorities. However, DHS's ability to truly focus on abusive employers is limited by the fact that our current immigration system doesn't provide immigrants or legitimate employers the protections and tools they need to comply with the law. Rather than trimming around the edges, real reform must involve an overhaul of the entire system to ensure that enforcement of our immigration laws is effective, fair, and humane. 
The newly announced DHS guidelines will focus on criminal prosecutions of employers who knowingly hire unauthorized workers. In 2008, large-scale raids resulted in more than 6,000 arrests, only 135 of whom were employers. Frequently DHS launched raids based on tips that an employer was hiring unauthorized workers rather than being the result of Immigration and Customs Enforcement (ICE) investigations of employers, making it difficult to secure adequate evidence to result in prosecution. The new guidelines emphasize investigating and criminally prosecuting abusive employers thereby honing in on one of the root causes of undocumented immigration. Currently, immigrants, families, and law-abiding employers are caught up in a dysfunctional immigration system which creates incentives to circumvent the law. 
 
DHS also announced that ICE headquarters will play a larger role in defining the objectives and strategies around worksite enforcement, supplanting the old model where local field offices wielded broad discretion and often focused on "low hanging fruit" rather than egregiously abusive employers.
 
Despite these welcome changes, additional reform will be needed to target employers who violate labor laws, such as wage and hour laws, as well as immigration laws. DHS must send the message that hiring and exploiting unauthorized workers is not acceptable. 
 
Most critically, the Administration and Congress must reform our broken immigration system. Yesterday President Obama renewed his commitment to immigration reform, and today the U.S. Senate will hold a hearing on immigration, increasing the momentum toward reform. We must not let this historic opportunity to bring the nation's legal immigration system into the 21st century slip by." 

Stay Tuned

Immigration Alert: MAVNI TEST PROGRAM
The Army Recruitment Program for Non Citizens

The Defense Department has authorized the U.S. Army to implement, under the Military Accessions Vital to the National Interest (MAVNI) program, a test that permits the enlistment of certain legal aliens into the U.S. Army. To be eligible for consideration, you must be legally present in the United States, and able to provide a passport, I-94 card, I-797 form, your employment authorization document or other government issued documents proving your legal presence in the United States.
Find out More and Apply

Business Immigration Update, January 2009
By David R. Fullmer, Attorney at Law

This article will discuss recent development in relation to H-1B visas, the visa most commonly used by US employers to hire professional foreign-national employees.  Next the article will explore current developments relating to the PERM Labor Certification program, the vehicle by which US employers test the labor market and then petition for Green Cards for foreign workers if no US workers are found.  Read More About Business Immigration Update

Late Amnesty - 2nd Bite at the Apple?
By Victoria Suh

There is a "new" late amnesty in town but, it is NOT a new program so beware of any unscrupulous people who may be trying to trick you into thinking that this is a new amnesty law.

On November 3, 2008, there was a settlement in a class action lawsuit in the lawsuit Northwest Immigrants Rights Projects, et al v. USCIS (NWIRP). Read More About Late Amnesty

In Removal Proceedings?
By Victoria Suh ESQ

What are removal proceedings? This is the current name for what used to be called “deportation proceedings” or “exclusion proceedings.” Basically, it is immigration court proceedings to determine whether you should be allowed to stay in the United States.Read More About Removal Proceedings


Visas For Individuals With Extraordinary Ability
By Mark Ivener, Attorney

T he O-1 non immigrant visa category applies to foreign nationals of extraordinary ability in the arts, athletics, sciences, education, business, or the motion picture or television industry who are coming to the United States to perform temporary services relating to an event or events. Read More About Visas For Individuals With Extraordinary Ability

E-2 Treaty Investor Visa
By Victoria Suh ESQ

The E-2 visa is a nonimmigrant work visa that allows a person to own his own business by making an investment into this business. The E-2 visa is not a greencard. It is a working visa that allows a person to make an investment to purchase a small business or start a business. Read More About The E-2 Treaty Investor Visa


J-1 Visas For Interns And Trainees The Little Known Work Visa
An Alternative To The H-1b Visa
By Mark Ivener, Attorney

The Department of State administers the J-1 visa program. In order to obtain a J-1 visa for an employee, a company must initiate an application through an approved third-party training sponsor organization.

The first step is to find an appropriate third party training sponsor. There are dozens of organizations that are authorized by the Department of State to act as third-party sponsors of J-1 training programs. Read More About The J-1 Visas For Interns & Trainees,An Alternative To The H-1b Visa

J-1 Visas for Interns and Trainees
By David Fullmer, Attorney

While the J-1 visa is not a very well-known category, it should be considered in situations where it is not practical or possible to obtain an H-1B visa for a foreign hire and practical training is the primary conduct.  Read More About J-1 Visas For Interns...

Fast Track Green Cards Through Investment
By  Mark Ivener, Attorney

For foreign investors looking for freedom and flexibility to live and work in the United States in a way accommodating to their lifestyles, the little-known EB-5 investor category can provide an excellent opportunity to accomplish this goal through the obtaining of Green Cards. Read More About Fast Track Green Cards Through Investment

Staying Legal in the United States
By Victoria Suh ESQ

Under the current immigration law, it is so important to stay legal in the United States.  Once you come into the US legally, you should try to stay legal.  Unless you are legally here, you will not be able to get or extend your drivers license or state identification card.  Read More About Staying Legal In The USA

Immigration Orbituary?
By Victoria Suh ESQ

In June 28, 2007, the US Senate effectively killed President Bush's plan to legalize millions of unlawful nonimmigrants. The Senate blocked passage of the immigration reform bill when, in a vote of 46 to 53, it failed to pass the closure vote necessary to end debate and bring the bill to a final vote.Read More about Immigration Orbituary

The 2008 DV Lottery
By Victoria Suh ESQ

The annual Diversity Immigrant Visa program also known as the greencard lottery is here. The greencard lottery is an annual program that gives greencard to winners who are selected through a computer generated random lottery drawing.
Read More about The 2008 DV Lottery

What do you know about Asylum?
By Victoria Suh ESQ

Did you know that the immigration law requires that you file for asylum within one year of arrival in the United States? There are exceptions to the one-year rule. Read More about Immigration Asylum

Types of Visas
By Victoria Suh ESQ

Summer is a time for travel for most immigrants in and out of the USA. Here is some information to help understand the different categories of visas.There are over a hundred types of visa categories for visitors to the United States. Read More about Types of Visas

The Law at Your Door
By Nicoline Ambe-Ndiforchu,PHD

In case of an accident, you will spend a lot of money from your private funds. If you drive a car without insurance and get into an accident, the law mandates that you post a cash bond of $5,000 to $35,000.Read More about Driving without Auto Insurance

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