The Congressional Research Service has just published a paper on birthright citizenship. Many members of the congress want to restrict birthright citizenship, which was present in the US, ever since it was formed. What changed is the skin color of the children of non citizens being born here.
It is my Holiday wish that we look at the world as one world, under one God, indivisible, with Liberty and Justice for ALL.
Friday, December 14, 2007
Friday, November 30, 2007
FBI Name Check Delays to End
According to an article published in Immigration Daily (HTTP://WWW.ILW.COM/IMMIGDAILY/DIGEST/2007,1130.SHTM) FBI name check delays will be ending soon.
When immigrants apply for benefits like Citizenship and Permanent Residency, their names are sent by CIS to the FBI. The FBI then feeds the names through a computer which has a list of all criminals. If the name does not match anything, it clears instantly. However if the name gets a hit, (ie, it has a combination of names similar to the one in their database) then the name gets stuck. An officer would have to physically go in, check and make sure that the beneficiary is not the same one that is on their database, listed as a criminal. Although most names are cleared; due to the sheer number of names and the scarcity of officers, the process takes years.
Until the names clear, the beneficiary cannot get the green card or the citizenship. In the best case scenario, the beneficiary (who in most cases are innocent) has to renew their work and travel permit every year, a costly process, which takes time and money. In the worst case scenario, if the beneficiary has illegal time, she cannot leave the country and is stuck here for years.
What is more dangerous however is that if there really was a criminal whose name got a hit, we would not know that for years, during which time they could plot and execute any number of crimes.
Moreover some individuals would sue, and the courts would force the FBI to work on those individuals' cases. But lawsuits are costly, and those who could not sue, would be pushed further down the waiting list since the FBI had to follow the court order and adjudicate those who sued first.
What is frustrating is that the FBI (probably since the J Edgar Hoover time) is one Government institution which does not answer to the public. Their rotten image does not seem to hamper them a bit.
Hopefully this frightful scenario will end and FBI name checks be done fast.
When immigrants apply for benefits like Citizenship and Permanent Residency, their names are sent by CIS to the FBI. The FBI then feeds the names through a computer which has a list of all criminals. If the name does not match anything, it clears instantly. However if the name gets a hit, (ie, it has a combination of names similar to the one in their database) then the name gets stuck. An officer would have to physically go in, check and make sure that the beneficiary is not the same one that is on their database, listed as a criminal. Although most names are cleared; due to the sheer number of names and the scarcity of officers, the process takes years.
Until the names clear, the beneficiary cannot get the green card or the citizenship. In the best case scenario, the beneficiary (who in most cases are innocent) has to renew their work and travel permit every year, a costly process, which takes time and money. In the worst case scenario, if the beneficiary has illegal time, she cannot leave the country and is stuck here for years.
What is more dangerous however is that if there really was a criminal whose name got a hit, we would not know that for years, during which time they could plot and execute any number of crimes.
Moreover some individuals would sue, and the courts would force the FBI to work on those individuals' cases. But lawsuits are costly, and those who could not sue, would be pushed further down the waiting list since the FBI had to follow the court order and adjudicate those who sued first.
What is frustrating is that the FBI (probably since the J Edgar Hoover time) is one Government institution which does not answer to the public. Their rotten image does not seem to hamper them a bit.
Hopefully this frightful scenario will end and FBI name checks be done fast.
Friday, November 9, 2007
Diwali Greetings
Today is the Hindu festival of Diwali, and I heartily wish everyone a very happy Diwali. In India we celebrated it with light and fireworks. When I first immigrated here in the 80s, few people had heard of Diwali. The day came and went, without so much as a faint sound of firecracker echoing from distant India. So much has changed in these years. During my kids high school years their non religious private school started celebrating the festival. The City of Sugar Land, TX started hosting a Diwali celebration in their City Hall, much the same way as a Christmas tree lighting ceremony. I find Diwali cards at my local Walgreens.
The reason for this prominence is that the number of Indian American have grown in the past few years, due to the fact that India has some of the most qualified software engineers, and the whole world needs them. Our numbers rose from 1700 in 1900 to 1.1 million in 1997. (This number is still 1/300 of our population). So the obvious question is what have we, Indian Americans given back to America?
We represent over 40% in Silicon Valley, and generate more than $200 billion worth of business in the US. In 1997 31,000 of our children (USCs of Indian origin) were enrolled in colleges. The total number of Asians in the ivy leagues (I could not find statistics for Indian students) was 7.1% and probably none of them got admission through legacy or affirmative action. And anyone who is in medicine knows that quite a few of their classmates are Indian Americans. "Paging Dr. Gupta" is a common saying in US hospitals.
Yet numbers only tell half the story. What we Indian immigrants brought with us is our values. My own two children are in the ivys. While the majority of American school children roamed the malls on week ends, my children studied. While the others played video games, mine played chess or piano. However even though they are in ivys, I cannot ask them to become lawyers, when the American Bar Association acknowledges that there are very few minority partners in big law firms. How can my children witness their lower qualified white male colleagues been given the choice spots, in a society that still judges them "by the color of their skin," and not "by the content of their character?"
And yet we, Indian Americans forge ahead. We ask not what America can do for us, but we do what we can to improve the American economy in terms of wealth and brain power. And if you've been reading this blog until now, thinking that immigrants come and mess up our country, we only ask that you think again.
The reason for this prominence is that the number of Indian American have grown in the past few years, due to the fact that India has some of the most qualified software engineers, and the whole world needs them. Our numbers rose from 1700 in 1900 to 1.1 million in 1997. (This number is still 1/300 of our population). So the obvious question is what have we, Indian Americans given back to America?
We represent over 40% in Silicon Valley, and generate more than $200 billion worth of business in the US. In 1997 31,000 of our children (USCs of Indian origin) were enrolled in colleges. The total number of Asians in the ivy leagues (I could not find statistics for Indian students) was 7.1% and probably none of them got admission through legacy or affirmative action. And anyone who is in medicine knows that quite a few of their classmates are Indian Americans. "Paging Dr. Gupta" is a common saying in US hospitals.
Yet numbers only tell half the story. What we Indian immigrants brought with us is our values. My own two children are in the ivys. While the majority of American school children roamed the malls on week ends, my children studied. While the others played video games, mine played chess or piano. However even though they are in ivys, I cannot ask them to become lawyers, when the American Bar Association acknowledges that there are very few minority partners in big law firms. How can my children witness their lower qualified white male colleagues been given the choice spots, in a society that still judges them "by the color of their skin," and not "by the content of their character?"
And yet we, Indian Americans forge ahead. We ask not what America can do for us, but we do what we can to improve the American economy in terms of wealth and brain power. And if you've been reading this blog until now, thinking that immigrants come and mess up our country, we only ask that you think again.
Monday, November 5, 2007
US Green Card for Investors
With the value of US Currency down, a lot of foreign investors are finding it cheap to invest $500,000/- in the US. That will lead to a Permanent Residency card under EB-5 Program. The US Citizenship and Immigration Services has made the process easier, because they want immigrant investors. Thus for people who want to invest in the US and has at least $500,000/-, this might be the best option.
However, if the investor has a profitable business in their home country, and want to open a branch office in the US, the L-1A visa is easier to obtain. You need much less amount, even as little as $20,000/- or $10,000/- As long as there is a profit in both countries, and the Company employs US personnel, it is easier to get the Permanent Residency through this route than through the EB-5 programs.
However, if the investor has a profitable business in their home country, and want to open a branch office in the US, the L-1A visa is easier to obtain. You need much less amount, even as little as $20,000/- or $10,000/- As long as there is a profit in both countries, and the Company employs US personnel, it is easier to get the Permanent Residency through this route than through the EB-5 programs.
Friday, October 19, 2007
LADY LIBERTY
The Statue of Liberty which was donated to the
Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!
Before you can breathe free
Do the wretched jobs that we won’t do
And we will debate about whether to let you in
Whether to let you live our dream
US Visitor's Visa and Ms. Jagger
A New York Appellate Court has ruled that Bianca Jagger (Ex wife of Mick Jagger) cannot have a "primary residence" in the US, and thus she could be evicted from her residence in NYC. Bianca had a visitor's visa. The visitor's visa does not allow a person to maintain a residence in the US, because the visit is purely temporary. This is the main proof that the Consulates look for in granting the visitor's visa. A person can visit, travel (B-2 visa) or work (B-1) temporarily (usually not more than 6 months) in the US on this visa. However except in rare circumstances, a visitor cannot be paid for his services in the US. Unlike Australia, we do not have a visa whereby a person can visit, work and get paid to defray the cost of travel in the US. For more information on the visitor's visa please visit my web site: http://www.visatous.com/
However that does not mean that a person cannot have a house or residence in the US. In fact much of Manhattan real estate is owned by people who do not live there. I think it is inherently unfair that we let visitors buy property and businesses without granting them some type of status to work in the US. We should institute a system like Australia whereby visitors can perform temporary work and get paid here, as long as they return to their home country. Of course they should pay taxes to the US on those earnings. This will be a win win situation.
However that does not mean that a person cannot have a house or residence in the US. In fact much of Manhattan real estate is owned by people who do not live there. I think it is inherently unfair that we let visitors buy property and businesses without granting them some type of status to work in the US. We should institute a system like Australia whereby visitors can perform temporary work and get paid here, as long as they return to their home country. Of course they should pay taxes to the US on those earnings. This will be a win win situation.
Thursday, October 11, 2007
Internationalism
In 1893, in the world parliament of religion, in Chicago, a young ascetic from India, Swami Vivekananda addressed the conference as "Sisters and Brothers of America" instead of the usual Ladies and Gentlemen. Thus was born a new concept, Internationalism, as opposed to Nationalism. Much later Disney crytllalized it into the song, "its a small world after all." The concept that we live in one world, without borders, is in direct conflict to the likes of Lou Dobbs. Nationalism lead us to two world wars, and is still influencing immigration policies everywhere, from the US to Switzerland. Immigration dominates the policy. Are we going back towards the ultra nationalism of the previous century?
What if we could move away from insularism, and become one world, who would control? Who would you vote for the Head of the WORLD?
What if we could move away from insularism, and become one world, who would control? Who would you vote for the Head of the WORLD?
Tuesday, October 2, 2007
New Naturalization Questions
For a complete list of questions and answers, please visit http://www.uscis.gov/files/nativedocuments/100q.pdf
Here's my take on some of the questions:
Q 10. What is freedom of religion:
A. You can practice any religion or not practice a religion. It fails to mention that we are still ruled by the right wing Christian Group. We do not have freedom to do stem cell research, we do not have gay marriages, under the Robert's Court we may certainly loose our abortion rights.
Q. 46 asks what is the political party of the President now. Q. 47 asks who is the speaker of the house now, without mentioning the political party. No questions ask which party has the majority in the House and Senate now. Hmmmmm, these questions were drafted by the Republican govt, but in future the answers can turn against them.
Here's my take on some of the questions:
Q 10. What is freedom of religion:
A. You can practice any religion or not practice a religion. It fails to mention that we are still ruled by the right wing Christian Group. We do not have freedom to do stem cell research, we do not have gay marriages, under the Robert's Court we may certainly loose our abortion rights.
Q. 46 asks what is the political party of the President now. Q. 47 asks who is the speaker of the house now, without mentioning the political party. No questions ask which party has the majority in the House and Senate now. Hmmmmm, these questions were drafted by the Republican govt, but in future the answers can turn against them.
Thursday, September 20, 2007
The Dream Act
The American DREAM, alas an acronym for the Development, Relief and Education of Alien Minors, was first introduced in the senate in 2003 (when it was sponsored by McCain and Kennedy). This bill has always been bipartisan, always gained momentum and always died. From its ashes, another bill gets resurrected every now and again. It has risen again, like the Phoenix this week in the Senate.
Will it pass? If prior history is an indicator, then no. It will die and along with its death, dies the hopes and dreams of many hard working individuals. Every time this bill dies, every time a little something probably dies inside all these individuals, who work hard, contributes to our economy but is shut off from the dream just because they are deemed "illegal".
Will it pass? If prior history is an indicator, then no. It will die and along with its death, dies the hopes and dreams of many hard working individuals. Every time this bill dies, every time a little something probably dies inside all these individuals, who work hard, contributes to our economy but is shut off from the dream just because they are deemed "illegal".
Tuesday, July 24, 2007
Flip Flop- Bush govt style
This is the Bush Government, not John Kerry.
On June 13, they announced that every employment based applicants can file for adjustment of status (AOS)
On June 14 they said all applicants needed medical examination to file
On July 02, they said no applicants could file
On July 17 they said every applicant could file
On July 23 they said AOS applications could be filed without medical examination
NOW IF ONLY THEY FLIP FLOPED ABOUT IRAQ - OR FOR ABOUT 99% OF THEIR POLICIES!
On June 13, they announced that every employment based applicants can file for adjustment of status (AOS)
On June 14 they said all applicants needed medical examination to file
On July 02, they said no applicants could file
On July 17 they said every applicant could file
On July 23 they said AOS applications could be filed without medical examination
NOW IF ONLY THEY FLIP FLOPED ABOUT IRAQ - OR FOR ABOUT 99% OF THEIR POLICIES!
Monday, July 2, 2007
Sound and Fury Signifying NOTHING
The DOS announced on June 15, 2007 that all employment based priority dates will become current as of July 1, and that everyone could file their adjustment of status applications. This sent a ray of hope amongst the immigrant community. Since we could not file the adjustment unless the applicants are in the country, many people cut short their vacation to their home country, changed return tickets for very high prices, and raced back to the US. They got their medical done for a lot of money, pictures taken, and applications done. For us, immigration attorneys, we worked every day for at least 10 hours, including Saturday and Sunday. Then on the morning of July 2 (July 1st was a Sunday and no one could file), the DOS announced, in an unprecedented move that it is retracting its position, and made visa unavailable for everybody, no matter what the country of birth, or what the employment based preference is. Visa numbers won't open up until Oct 1, and by then, the fees for immigration will triple.
Where were all those Govt statisticians, all those think tank employees at DOS when they announced the visa availability. Why does the Govt of a free society think that they can toy with real people, real lives?
I know that Govt employees salaries are indexed to the salary of the chief executive, the President. Does the govt employees brains also have to be indexed to the presidential brains?
Where were all those Govt statisticians, all those think tank employees at DOS when they announced the visa availability. Why does the Govt of a free society think that they can toy with real people, real lives?
I know that Govt employees salaries are indexed to the salary of the chief executive, the President. Does the govt employees brains also have to be indexed to the presidential brains?
Monday, May 7, 2007
H-1B
A Note to CIS, if they read my blog, which they wont. (The executive branch of our Government from its leader Mr., President down do not read).
Could you please let employers substitute their employees, ie if one employee got the lottery, and the other did not, the employer (since the petition belongs to the employer) should get to choose which employee they will bring in.
Could you please let employers substitute their employees, ie if one employee got the lottery, and the other did not, the employer (since the petition belongs to the employer) should get to choose which employee they will bring in.
Thursday, April 26, 2007
Xenophobia
Is immigration Law inherently Xenophobic? Xenophobia is defined by wikipedia as "a fear and contempt of foreigners." Immigration laws are created to include or exclude "foreigners". At its root then, immigration laws, no matter for which country it is, is necessitated by inherent xenophobia. The horrible discrimination and inequity of the history of US immigration laws clearly reveals this. A body of law that rises from prejudice and hatred towards fellow citizens of the world thus cannot ipso facto be fair.
March Madness brings April Cruelty
The H-1B visa was in many ways like the NCAA tournament. They had March Madness to Don Imus. We also worked like mad in March. My kids came home from college for March break, and I hardly got to see them. For the first time in my life I realized that the NCAA players give up their March break too, to play. And then we predicted, in April, which ones of our petitions will go through. We did the statistical probability calculations about the lottery. And then we waited and waited....... Is April going to be the cruelest month for the immigration professional?
Send me your H-1B FY 2008 stories.
Wednesday, April 25, 2007
H-1B FIASCO
The USCIS has received by some estimates 200,000 H-1B applications for roughly 65,000 spots. Clearly the Vermont and California Service Centers were not equipped to deal with this volume. While I sympathize with the staff, I am hearing about a lot of irregularities. Quite a few got receipt notices before the lottery, and some got approvals after the lottery. (I am talking about non US Master's Degree holders). How can we be sure that a case was properly entered into the lottery system, with all possible cases, and given a fair chance at the lottery? Was there a higher power (besides God) who oversaw that lottery to see it was properly done? I need to see those documents along with each of my rejected cases.
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