How Arapiao and others justify discrimination today

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 to hear Arizona's Immigration Law

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 information

Knowledge of English for Citizenship Tests

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

Why Americans will just not do certain jobs

This week  Business week explored the subject as to why some Americans wont do "Dirty Jobs."  After Alabama passed its most restrictive Immigration Law, the poultry industry, the fruit picking industry, the construction industry are all virtually shut down because no Americans who will take these jobs. This even though Birmingham Alabama is declaring bankruptcy and unemployment is sky high. The article says that these jobs are hard, and pay little with no benefits. The comments on the article are ablaze with how these employers should pay higher amounts and have benefits. But the article does not elucidate as to what will happen if we mandate employers to do that.
The cost of food will go up. The Americans will initially take the jobs.  Then when they discover that its hard work, they will quit. Why? because Americans have this sense of entitlement that immigrants don't have.
This sense of entitlement amongst "true Americans" is pervasive throughout the society. Go to any ivy league college, and there are the kids who got in through legacy, who will walk around in their designer clothes as if they own the world. Yet they contrast with their immigrant classmate, who got in based on merit and continue to outperform the legacy kids in academics.  That is why you have people like George Bush and Rick Perry, graduating with a "gentleman's C"  They never had to work hard ever in their lives.
Same is true of the blue-collar workers. They are spoiled with clean, cool working conditions with accompanying money and benefits. Make them work in the field under the burning sun or in a smelly poultry factory, and their auto industry trained body will not take it.
Yet immigrants come in, work hard and don't complain. That is true of all immigrants , in all ages, starting from the pilgrims. They were not born into privilege. They chose to live in America and expect to work hard and go up the ladder. And that is how America was built, and that is how it became a super power.
So if we become restrictionists like Arizona and Alabama, it is our quality that will suffer.  By becoming insular and white, we will turn the clock back to the time of the Willy Lomans (Death of a Salesman) of this country.

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

Privacy Issues in the Internet Age

This week the Supreme Court heard a case as to whether the police can track an individual through a GPS (available in most smart phones) without a warrant. USCIS has also been using the internet for some time now.  For family based cases based on marriage, the officers check facebook to see the status of the person. Never mind that some people forget to update their status from single to married especially if they are not addicted to Face Book.
But what is more irritating is that USCIS uses Dun and Bradstreet (a private company) to check the address of companies filing for employment based cases. D&B extremely frequently do not update their listing of the Companies.  USCIS  "suggests" that the Employer update their information in D&B. Employers are not lawyers and get scared whenever any Government authority tells them to do something. So they call D&B, who then sign on these employers for paid listings, etc. In the end, this Government agency is enabling a private company to solicit employers and enrich their pockets.
Is this Legal? Yes, employers may not have a right to privacy, but should USCIS suggest to employers to follow up with D&B reporting? Especially when there is NO law to do so?

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

Perm Audits

The Department of Labor (DOL) has announced that the Perm audits will increase. Of these audits, 24% are certified, 55 % are denied and 21% are withdrawn.




The DOL says most of the denials are in the lower skilled categories and in the financial industry. DOL feels that by denying these petitions, they are protecting American jobs. However, there are some lower skilled jobs (like machine work, technical work in the oil and gas industry) where there is a real shortage of US workers. No US Employer goes through the hassle and expense of the Immigration process if they can find qualified local grads. And by "qualified" I don't mean the least qualified, I mean the most competitive.



The DOL also expressed surprise that 21% of the cases were withdrawn. They think that those are fraudulent filings. Not so. It takes two years for an audit. The DOL has a target time of 45-60 days for approving PERMS. Many qualified employees don't want to wait that long.



The whole problem with restrictionist policies is that they negate free market capitalism, and thus are inherently un American.







And that is the problem of the whole PERM process. DOL just restricts the job to the least qualified individual who can do the job. Lets say the Petitioner is Bank of America. The position is an investment analyst. The minimum education requirement is a Bachelor's Degree. The Beneficiary is a graduate in finance and Math from MIT. Lets say someone with Rick Perry's credentials (a C from Texas A & M ) applies. Would you rather have financial advice from the American born A & M grad or the foreign-born MIT grad? By insisting on having the lowest possible credentials available to do the job, the DOL is actually dumbing down the American workforce and decreasing quality of work here.







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

We the People

Today is Diwali. In the North Eastern Province of Bengal, where I'm originally from, it is celebrated , like the rest of India with lighting rows of oil lamps called the Diya and with fireworks.  But the day before this festival is the day of the ghosts, and in the evening the ghosts are rumored to come out.  With the lighting of the diyas on Diwali, the Ghosts disappear. This is similar to All Hallows Eve, and Dia de los Muertos. Its a celebration of life as opposed to death. The shortening of days make people aware of their own mortality and the festivals reinforce life.

Similarly in the spring there is a renewal of life which is celebrated in different cultures, in different ways. Be it Easter, or the Indian festival of Holi, color plays a dominant part.

We may come form different regions, different religions and cultures, yet we are fundamentally all equal.  The Restrictionists in our Immigration policy cannot see beyond these differences in color, race or religion. But we are becoming one world. The internet today unites the world, and outsourcing forces us to compete globally.  Yet when it comes to Immigration, we try to restrict our borders and try to unnaturally preserve our jobs.  But the reality of the marketplace is that people only come if there are jobs, if they can compete.  If not, the jobs are outsourced anyways.

Maybe some day we will have one  world where there will be no Xenophobia, and  no barriers.

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

Entrepreneurs in Residence

The USCIS recently announced an “entrepreneurs in residence initiative.” This follows President Obama’s speech welcoming foreign entrepreneurs who would want to invest in the US for Permanent Residency. It makes sense, since money brought over by these entrepreneurs will be used towards building businesses and jobs in the US.




Towards that end, the USCIS is launching this Initiative to gather information about these programs. Especially targeted is the EB-5 program, and also on Eb-2 and L-1Bs. The EB-5 applicants will have direct access to adjudicators through e mail. All this is positive development, yet, the adjudicators themselves are still giving out under the kitchen sink Requests for Evidence. This is especially true of L-1 A, new Office where an entrepreneur is bringing in money to start the business here. Sometimes it’s apparent that the officer has not even looked at the file, since they want evidence already included in the original petition.

I think the adjudicators have to meet a certain quota, and some adjudicators are happier to give out requests for evidence (RFE) rather than meeting that quota. What the USCIS should do is require the officers to notate the petition. Also such notations should be included in the actual RFE as well. Clients ask me why, when they are bringing in money and investing in US, should the US Government want every single piece of paper they could possibly generate. Such a burden is a big deterrent in many people investing here. It’s much easier to invest in Canada than the US, so why would people looking towards investing bother with us?







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

Approval Notices

Recently the Citizenship and Immigration Service instituted a new rule whereby the approval notices of visas, with the original I-94s are being sent to employers instead of the Attorney. The attorneys get the courtesy copy. The American Immigration Lawyer's Association is protesting against this move.




However I think this is a good move by Citizenship and Immigration Service. First it cuts down on fraud. Fraud is very prevalent in the Immigration petition system. Although the forms require signatures from the employers, those signatures can be forged. Documents can be manufactured. And if employers get a representative’s copy, the lawyer can give the actual copy to the fraudulent employee, who would then get false status. Granted maybe one attorney in the country will do this, but still its fraud.

Secondly the clients can get the approval notice expeditiously. In most states clients need the approvals to renew their driver’s license. Sending that approval notice to the attorney means the attorney has to mail it to the client. Even if the attorney fedexes, it still takes time. And most large law firms take forever to send the documents. This way everything can be done expeditiously.



American Immigration Lawyer's Association has complained that the attorneys can check and see mistakes in the I-797, and correct them. But attorneys can simply ask their clients to scan and send them that approval notice. On the contrary attorneys cannot scan and send the original to the client, since they need the original approval. My clients have no problem scanning and sending the copies to me.



I feel that many lawyers have an inflated sense of ego, and feel that the Citizenship and Immigration Service is slighting them by sending originals to the employer. I applaud this move by the Citizenship and Immigration Service. This is probably the only time, in years, that I think that the Citizenship and Immigration Service is doing something sensible.



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

My hats off to Arizona and Alabama

When Arizona enacted the most restrictive Immigration Laws in the book, I was wondering why the deep south was lagging behind. They just take time to think up legislation, and Alabama delivered with a far more severe punch than Arizona. The law even  forbids undocumented school children from attending schools.

The common concern of all these States is that we have too many illegal immigrants. The Federal Government is not going to do anything for it. So these States take Federal law enforcement in their own hand.

Yet these States bring forth the importance of Comprehensive Immigration Reform. The only problem is that the legislature cant agree on anything. Even the Dream Act, which gives amnesty to children brought over illegally here by their parents, and educated here have  not passed. They don't have any criminal records. Yet the Republicans don't want to give the Permanent Residency to these people.

The Democrats are no Saints either. They have effectively killed the work visa process for small businesses. Especially hit is the small IT industry, where the Obama Administration "legislated on their own" stating that employers should "control" their employees. They effectively nullified third party contracts for H-1B employees for smaller employers in IT industry.  Yet such contracts are Ok for the health care industry.  Talk about the Rule of Law and Obama's lofty principals.

In a Country where even economic reforms gets shot down, willl there be a Comprehensive Immigration Reform? I dont think so.

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

Advice for Foreign Students

A question is sometimes get form foreign students is , "what school should I go to?"  The answer to that is probably simple, the school that is best ranked by US News and World Report. There was an ex Taliban student from Afghanistan, who got a visa to go to Yale.

The rationale for that is US needs bright students. But what if you cant get into Harvard or Yale?

Usually its harder to get a visa from a foreign country (especially India) if you are going to a community college.  Try for at least a 4 year degree college. A community College degree is useless anyways, so dont waste your money on them.  The colege has to be SEVIP approved. Ask and find out if it is.

There are numerous colleges and Universities in the US. Online colleges and degrees obtained from them are not given the F-1 visa. In general, online colleges are not good colleges, and most places dont recognize such degrees.

The procedure is simple.  After getting admission, the College will send you the I-20. One needs to take that, and proof of financial Support to the consulate to get the student visa and come in.


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

The decade Since 9/11 in Immigration

I was working on a sunny morning when my legal assistant came in looking agitated and said,"Did you hear, the World Trade Center got hit by a plane." I did not think much about it. I did not have a TV in the office, so I did not get the impact. Then my husband called and said, the towers are falling. The news took a long time to sink in, actually.  It was unbelievable that such a thing could happen, right in the middle of NYC. 

That past summer we were in NYC, and although we don't usually do the touristy thing in NYC, we thought it would be fun to take the children on top of the twin towers. That night my son clutched the bear he bought from the gift store on the top and said, "you are safe bear, although a lot of your friends may have not survived."

Thankfully all our friends who worked at the WTC were safe. Yet the specter of death, the sheer magnitude of it gave rise to tremendous nationalism. Flags went up everywhere, and we could not help but feel solidarity towards the people. We were one America, scared by the ravages of terrorism.

Yet, as so often happens in Nationalism, there was a backlash to internationalism.

Soon people began to discriminate against others who looked like Muslims, or looked foreign. For their part, the Muslims began to bad mouth America as well. Thus began a mutual distrust and hatred, which saw the passing of the Patriot Act. In those early days, Immigration Services showed up at the door of illegal Muslims, without any warrant, or any documents, and deported them, simply because they were from Pakistan, or Iran.

The Immigration Service instituted the 'Special Registration" a process by which citizens of Muslim countries had to register, with their information to the Government and testify as to whether they know of any terrorists. They had to let the Immigration Service know when they exited the country and when they got back. This process was so similar to the Japanese internment that we all wondered if America, the home of the free was lost forever.

This was followed by the notoriously slow FBI name checks. If you applied to become a Permanent Resident or a Citizen, the FBI had to (1) clear fingerprints, and (2) Do a name check. The fingerprints were unique so they cleared quickly. But the name check involved a computer search of the name or combination of names that could match any known criminals on the FBI database.  That database was never released to the public. Of course since Muslims have common type names like Muhammad , their names would very often get a hit.  But so would Hispanic names or simply names like Jones or Smith. If the name got a hit, an individual officer would have to go into the files and manually make sure that the applicant was not the same as the criminal.  The problem is that this would take 3-4 years.  Our plea that if these people really were criminals, would it not be safer to do the check as soon as possible and deport or prosecute them were not heard.  99% of these cases ultimately cleared, yet these individuals had to wait a long time before they could get their green cards.  Many times they were scared to visit or for legal reasons could not visit their home country until they got their green card. This meant they could not see many a dying parent, although they never committed any crime.

Yes, we went into two wars, we have to go through lengthy process of checks at airports.

Yet, things seem to be getting better.  The FBI name checks eventually got quicker, and is not much of a problem any more. The Special Registration process was scrapped earlier this year.

Of course we can never replace the lives lost that fateful day, and we may never become the trusting country that we were pre 9/11.  Yet maybe that's a good thing.  The world is becoming very small and the trusting simplicity that America, Canada and UK have are not matched by most other countries. That day 09/11/2001, we had lost our ignorance and we stand now, like the rest of the world, distrusting our citizens.

Even now it is so much easier to pull the wool over the eyes of these countries than it is to do that to the rest of the world. Routinely applicants for Asylum concoct their stories and very often the US government buys those fib. I have been asked by Muslim citizens from certain countries whether they can convert to Christianity and claim Asylum. Thankfully I dont do Asylum. Same is true , although to a lesser extent to many immigration cases. Its time the Government smarten up and treat their citizens like the rest of the world does. No one can do that to the Israeli, Chinese or even Indian Government.

And for my part, I would happily succumb to a search at the airport if this means we all can be safe.





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

Choosing a Lawyer-- clients beware

A lot of clients come to me and ask things like: Can you help me find a job? Can I just say something not true. And when they don't like what I tell them, they go to another lawyer.

Yes, there are lawyers who for a price give them jobs, and the promise of Immigration. And very often deliver.  But what if the lawyer gets caught? CIS investigates every case that the attorney had represented, and investigates. So people who get their green card by dishonest means can loose it after several years, when they are settled here and gotten used to the US lifestyle. Please remember , if the attorney does something illegal for you, he or she is probably doing this for many others. And eventually the CIS will catch on, and investigate the lawyer. And if your case is found to be a fraud, you will be banned permanently from the United States.

Thus the stakes are high.

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

Immigration, If Bachman/Perry Rules

This blog is obviously not true, but after bad news on job growth, Texas weather, Vermont weather , we need a laugh. So here's my projection of what the form I-485 would look like if Bachman or Perry was to become President in a Republican dominant legislature.

Instructions on Form I-485, Application to adjust status to Permanent Resident: Do not fill out this form if you are gay, lesbian, transsexual, or bisexual.  We will simply deny your case.

Questions:

1. Do you believe in God?

2. Is it a Christian God?

Only proceed If the answer to the above two questions are yes

3. Do you believe in Science?

4. Have you ever in your lifetime aided or abetted any terrorism or any scientific endeavors?

5. Do you drink?

6. Do you believe in abortion?

7. Do you believe in Evolution?

8 Did you ever get an A or a B in any of your grades?

Only proceed if the answers to questions 3 to 8 is no

The rest of the form hopefully will look the same as the current I-485.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Talk Policy and Results

President Obama is going to speak to the Congress today about job creation. The Government speaks, and people get hopeful. But does this translate to policy and if so, how long does that take?

The Obama Administration had before that announced that ICE would use prosecutorial discretion to not deport students brought over the the US when they were very young and not by their own will. Yet shortly after there were reports that the Administration is still deporting these types of individual.

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.  Yet, we continue to receive extensive and unnecessary Requests for Evidence for L-1 and other types of entrepreneurial visas.

How long does it take to make it from the words of President Obama, or the Administration to the execution level of the Administrative Department of our Government? And at this level, when will be see a rise in jobs?

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Undocumented Aliens, please dont go to Notarios....

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.

 

 

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Dream half fulfilled

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.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Sound and Fury Signifying Nothing

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.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

The truth in Asylum cases

The accuser in Dominique Strauss Kahn's case lied to the Immigration about her Asylum case. But this is not unique.  I suspect that the majority of Asylum cases are fraudulent. I am not saying that torture doesn't happen. It does.  But as with most things in life, its the poor people who actually suffer. Whether its the Hutu vs. Tutu, or Shia vs Sunni, its the poor that gets tortured.  And since they are poor, they don't have the ability to come to the US. Richer people from these countries steal these stories, land here illegally and claim asylum. And that's why I don't do asylum cases.

I did a pro bono case from Catholic Charities once. The beneficiary was from Africa and almost moved me to tears with his story. He even showed me his scars. I wrote up volumes of affidavits, doctor's records, etc. The story was that he was picked up during a political rally, beaten and imprisoned for three days with no food or water. His girl friend was raped in front of him. Brutal beatings. Somehow after three days he was released. Then one day at night the oppressors came knocking at the front door.  He left quietly by the back door, and in the cover of the night to the boat dock.  There he took a boat to another African country, where he purchased a fake passport, and came to America. Somehow he was let into the US, threw the passport in a garbage can at the airport, and went to Catholic Charities to file an Asylum case. His girlfriend could not come with him.

While I believed his story 100%, the immigration officer denied his case. We filed an appeal with the Immigration Judge. During the waiting though the guy told me that he has a new girlfriend, and would like to substitute her name instead. I was shocked.  The guy then gave me a completely different name of the girl friend and told me that the Catholic Charities person made the mistake in the name. This was impossible, since he read the whole affidavit in front of me. I realized that he was lying about everything.

On the hearing day, I did not guide him, other than saying, "please tell the truth." We had an expert witness, who went through the same situation as our guy. While their main stories matched, the details of what he told the judge and what that other witness said did not match at all. His case was denied.  I did not appeal.  He took his file. He definitely filed an appeal with another attorney, and probably by now has his Green card.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

The Diversity Visa

Generally people can immigrate to the US through employment, family or asylum. But there is another category---the diversity visa. People from nations that are underrepresented in the US, can enter a visa lottery. The Government computer picks applicants, and they get to immigrate to the US.

Obviously whenever there is such a lottery, scamers abound. Scamers ask people to pay money to them, and they "guarantee" that those people will get in.  Applicants should apply ONLY through the government website: http://www.dvlottery.state.gov/

But when thousands of immigrants have to wait for so many years, is it fair to select a lucky few through a lottery, and hand them the golden ticket to immigration? To participate in the Diversity visa, one has to be just a high school graduate, and be born in a country whose citizens are under represented in the US.  How does a US Master's Degree holder from India and China, who came here, studied, work hard, and has to wait forever to get their immigration, watch someone who is just a high school graduate come into this country. And is it fair to our, native born high school graduates, to see someone from Romania take that McJob?

And what exactly does "diversity" establish? Back in the days when there was no computers, we might actually learn a lot from someone from say Sierra Leone about their country. But now that information is just a google click away.

There is a bill in the house to do away with the 'diversity" visa. Its time we get the brightest and the best from other countries, to advance the United States, rather than just some high school graduates who just happen to be born in these fortunate countries. The quota for diversity visas should be allocated to US Master degree's holders who will benefit our economy.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Immigration and Gay Marriage

Recently 6 states have legalized gay marriage. The States are mainly in New England, New York, DC, and Iowa. Yet, just before Massachussets legalized gay marriage, the federal Government passed a Statute called Defense of Marriage Act (DOMA) in 1996 which defined marriage as a union between a man and a woman. DOMA does not prevent a State from legalizing gay marriage, but States can refuse to grant any rights to same sex partners.

Many Red ( read Republican) States like Texas prohibits same sex marriage by statute or Constitution. Yet under the full faith and credit law, States are supposed to recognize marriages held in other states.

When it comes to Immigration, same sex partners have so far been denied the right to adjust status via marriage. If one partner of a heterosexual couple is a United States Citizen, the other partner can obtain the Permanent Residency (Green Card) very easily. Yet that same right is denied to a same sex couple. Recently Jose Antonio Vargas, the pulitzer prize winning journalist from the Phillipines, who is undocumented, said he was asked to marry a girl to get the immigration, but he is gay and could not. Stories of long time gay couples, who cannot be united are heart wrenching. And whats more outrageous is that a Government entity from what is known as a "civilized" nation like ours is the one doing the discrimination.

Legally the federal law is supposed to recognize the law in a state, when it has to deal with state law issues like family law. Yet the DOMA prevents the federal government to grant rights to same sex couples. So the Citizenship and Immigration Service in these 6 states are shelving the cases hoping that the courts will rule on DOMA.

What is really maddening though is that when President Obama ran for President, he supported gay marriage. But now, trying to concede to the conservative opposition, he says he is rethinking his position on DOMA. We, the people of the United States voted for Obama, because we wanted America to regain the freedom we lost during the Bush era. Let us show the world that we will not fall behind when personal liberty is at issue.


For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Dependent child of Fiance Visa

The Board of Immigration Appeals, in a recent case --- Matter of Hieu Trung LE, 25 I&N Dec 541 (BIA-June 23, 2011)---- decided that if a derivative child of a F-1 fiance visa visa enters the country before the child is 21 (Note not 18), then even if he turns 21 before adjusting status, the child will still get the Permanent Residency.

The Citizenship and Immigration Services (CIS) had held that under INA 101(b)(1) (B), that if a child turns 18 at the time of a parent's marriage, then the child cannot be a derivative beneficiary of the step parent and adjust for status. But the Board of Immigration Appeals, held in the case above that as long as the child is less than 21 at the time of the marriage, he can adjust even after he turns 21.

The child here was from Vietnam and was granted a K-2 visa and accompanied his mother, the K-1 visa holder when the child was 19. They entered the US. The mother married the US Petitioner after a week, and both she and the child filed for Adjustment of Status. The CIS granted the mother's adjustment, but denied the child's becasue he was older than 18.

The child was put in removal (deportation) proceedings. By the time the case got to a judge, the child had turned 21. The Immigration Judge held that the child was eligible to adjust status when he was 19, but cant anymore since he turned 21.

The Board of Immigration Appeals (BIA) held that when the statue does not define what a minor child's age is, it will be 21 under INA 101(b)(1) , which included unmarried children under the age of 21. The BIA also held that since in this case, the child entered when he was 19, and his mother did get married when he was 19; the child can adjust status to become a legal permanent resident.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

The Doctors doing Immigration Physical

If anyone wants to file an application for adjusting status to Permanent Residency (Green Card), they have to undergo a physical examination from a doctor listed by Citizenship and Immigration Services. The doctor has to ensure that the person has received all their shots and have to communicable diseases. The shots required by US Government are:

Hepatitis B at birth, 2 months, 4 months, 6 months, 15 months, 12 yrs

DTP 2 months, 4 months, 6 months, 15 months, 4 years, 12yrs

IPV 2 months, 4 months, 6 months, 15 months and 4 years

HiB 2 months, 4 months, 6 months, 15 months

MMR 1 year and 4 year

Chicken Pox (varicella) 1 year and 12 years

PPV and PCV 2 months, 4 months and 6 months

TD Booster every 10 year

FLU last October


Many clients especially from developed countries have already had these vaccines. Since these vaccines are also required by most schools, most students have already had them. Same is true for clients coming in on K visas and adjusting status here.

Yet the doctors prey on these immigrants. Most of the doctors on the list are Foreign Medical Doctors (FMGs) I understand that GPs with good practices would not want to do immigration physicals. But it is very hard to find an ethical doctor.

The average cost of this physical should be about 150 USD. Yet clients routinely get charged anywhere between $600 to more than $1000/- The doctors give shots which very often these people have already had. The physical comes in a sealed envelop and lawyers or clioents cannot see it. So there is no way of verifying anything inside.

Also very often the doctors make mistake in filling out these forms. The client comes to know about this only through a Request for Information in an Employment based case, or at the Interview in Family based case. The clent has to take the form back to the doctor to correct the mistake. Very often they are charged again, this time for the mistake of the doctor.

I propose that we lawyers suggest the names of these doctors to the CIS, and offer proofs of these totally illegal activities. The CIS will then have a mandatory obligation to report these matters to the State Board of Medicine and the Attorney General's Office.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Undocumented Success

Jose Antonio Vargas won the pulitzer in 1997 for the Virginia Tech shootings. He has interviewed Mark Zuckerberg. He writes for the Washington Post. And he is illegal.

His mother put him in a plane from the Phillipines, and he landed in California, and lived with his grandparents. He was a very good student. When he discovered that he was "illegal" he learned to speak English, so that no one would mistake him as "illegal". And now, he has come out, to fight for his rights, to fight for the rights of thousand others like him, illegal children, who were raised in the US, educated in the US. The House tried to pass, what is called the Dream Act several times, to legalize these children, yet the bill always die. Republican Congressmen, like Kay Bailey Hutchinson from Texas, think that granting these students the Permanent Resident status would encourage their parents to file for permanent residency.

Yet, if what Vargas did was criminal, then its criminal to be a human. He overcame, and he survived. And this determination achieved fruits for America. Yet, how many Vargases are being quashed everyday by restrictionists?

To deny undocummented children who are being educated in the US, the right to survive and live properly in the US, is not only inhumane, its ultimately detrimental for America. Look at the list of Nobel Prizes from America, at the list of Intel and Westinghouse Science Scholars. Yes, if we were to all leave the US, the US would become a third world country in a day. It would become the country of sub intellects like Sarah Palin.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Deemed Export Control

Although Export Control can apply to goods, Deemed Export applies to Technology. This blog will only deal with Deemed Export.
Certain technology is controlled by our Government and restricted for importing to other countries. The Commerce and State Departments issue licenses for such exports. This rule has long been in the books, but was not really enforced. Suddenly in December of 2010, the new I-129 form came in, and the form included questions about deemed export for H-1B, H1B1,L-1 and O-1A.
The employer has to first ascertain what the beneficiary’s citizenship country is. (Not country of birth) Particularly countries like Iran, Iraq, Lybia, China are suspect. Then ascertain what technology or technological data the beneficiary has access to. If the employer needs a license from the Department of commerce/State to export that technology to that person’s country, then the employer has to first get the license before filing the H-1B, or deny access to the person until such license is obtained. This process can take about 6 months.
For large high speed Computers Systems, usually source code is controlled, not object code. Also sophisticated networking systems and encryptions are usually controlled.
There are two types of Deemed Export regulations: the Export Administration Regulations administered by the Department of Commerce, (EAR) and the International Traffic in Arms Regulations, (ITAR) administered by the Department of State. More information on these can be found at:
http://www.bis.doc.gov/licensing/exportingbasics.htm


EAR typically deals with high speed computers, semi conductors, telecommunications, and technology dealing with manufacturing equipment. ITAR deals with technology which has space or military applications.
To get the license for nationals from countries like Iran, Iraq, Syria, China and Libya is very difficult, especially for ITAR
The penalties for violation of this law is severe. And ICE will audit employers. Civil penalties range is either $250,000 or twice the gain from the particular technology. Criminal penalties range from up to 1 million USD, and up to 20 years prison term.
There is of course no prior evidence that anyone on H-1B ever exported any technology back home. But, Immigration is fast becoming a huge cash cow for the Government. We love to hate immigrants, and make employers who hire immigrants pay severe penalties. And in the process we will lose our competitive edge to other countries.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Following to Join

If the principal beneficiary becomes a green card holder, the immediate family, ie spouse and minor children can file following to join if they have not filed together. The requirements are enumerated in 9 FAM 40.1 N7.1 General
There is no time limit to file this petition, provided that the Legal Permanent Resident (LPR) has not left the country. Minor children, if they are in US can adjust, no accrual of illegal stay (under 21) However the relationship should still exist, ie the child has not reached 21 years of age, got married, or the LPR has not died. The relative should consult the consulate, fill out a DS-230. Documents should include all of the LPR’s Immigrant visa petition, and a copy of the Green Card (Permanent Resident Card) and documents to establish the relationship, like marriage certificate or birth certificate. The LPR has to also file the I-864.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee