Dear Justice Scalia,
How can you say that the Cross is not a religious symbol? Is it really the "most common symbol of the resting place of the dead? "
How many Christian die in ratio of the addition of Muslims, Jews, Hindus, and all other religions?
You have not lived your life as a non Christian, especially in the South. When I first came into this country, I came with a commodity lacking in the US, a brain. My children were enrolled in River Oaks Baptist School in Houston, Texas.(ROBS) There, they were probably the best students (they subsequently went on to Yale and Duke while the majority of ROBS students have IQs like Mr. G W Bush), they were severely discriminated against because of their race and religion. They were given bad evaluations, put in lower level classes, and constantly put down.
Once when we were seeing a Japanese dance, my six year old daughter commented that "mom can I paint my face white when I go to school." When I asked why, she replied that , "then kids would play with me, and teachers will love me."
She was told to expand on a bible verse that said that people who believe in images are like dogs. We are Hindus.
When I went to law school at South Texas College of Law quite a few teachers thought that I was not smart because of my skin color or ethnic origin. I graduated third highest from that school. I also studied on a full academic scholarship. Oh yes, grades were blind, profs did not know whose papers they were grading.
When I go to Court, the many judges do the same thing, look at me as if I don't know anything. And yes, in Texas Courts, the Judges have bibles on their desk. Its a chilling reminder to me that me and my faith are outsiders to this country.
We have to decide, whether we will be the open country for all religions, like we were when the pilgrims came, or be pro one religion, like Iran.
Look at the list of Nobel Laureates in Science in 2009. How many of them are American Citizens? All but one. How many of them were born in America? None but one.
Justice Scalia, unless we create a tolerant society, we will loose our standing in the world. Do you really want to go back to the 50s America?
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Wednesday, October 7, 2009
Friday, October 2, 2009
H-1B raids increase
Office of Fraud Detection and National Security (FDNS)is conducting raids to H-1B business in an effort to detect and deter immigration fraud. The following blog is borrowed from an article by American Immigration Lawyer's Program, and is meant to advise employers as to what to expect.
Employers should right now have the public access files for their H-1B employees ready. This file should contain the wage determination, the LCA, and a note on when the LCA was posted. It should also contain a copy of the H-1B petition.
The Government raids are conducted without warrants, and without prior notice. The Officer usually carries a copy of the H-1B petition. The officer then inspects the premises (and can take pictures). They will request to speak to the person signing the petition, but since the visits are unannounced, the officers are fine if the person who signed is unavailable. They may ask for copies of the beneficiary's pay records, W-2 and also the employer's tax records, quarterly wages, etc to prove that business is being conducted.
Then they also interview the beneficiary. They may ask details about the job description, employment dates, position, dependents etc. After this they might also want to speak with the beneficiary's supervisor or colleague.
Here are some suggestions from AILA if the Government shows up:
1. Call your attorney, they can be present over the phone while the raids are being conducted.
2. If there is no designated official in the Company at that time, who is knowledgeable about the petitions, the officials should be told about that. Company Employees should not guess and say answers if they don't know about the petition. Also if your company has strict policies against photographing, etc, please advise the officials accordingly.
2. File amended petitions, LCAs as necessary to keep files updated with changing situations. Wrong information could lead to a denial of the H-1B, even though the initial adjudication was an approval.
3. Request the name, title, and contact information for the site investigator. Ask for a business card and phone number. Multiple agencies are doing these visits, and it is important to determine which one is doing the site visit.
4. Don't speak to the investigator without a witness present. Make notes of what transpired as soon as the meeting ends. Keep a list of all documents submitted.
5 If the beneficiary has been placed at a client site not controlled by the client, the client should notify the end user about the current FDNS H-1B assessment program and the possibility of a site visit. If there are multiple companies between the H-1B employer and the end user, the end user should be made aware of the identity of the H-1B employer and review the terms of the assignment. The employer should request that the end user company contact the employer at the beginning of an FDNS site visit so that the employer and/or its representative may be present either in person or by telephone during the site visit at the end user’s location.
Vermont Service Center has sent about 20,000 companies to be audited, and California would also send about the same.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Employers should right now have the public access files for their H-1B employees ready. This file should contain the wage determination, the LCA, and a note on when the LCA was posted. It should also contain a copy of the H-1B petition.
The Government raids are conducted without warrants, and without prior notice. The Officer usually carries a copy of the H-1B petition. The officer then inspects the premises (and can take pictures). They will request to speak to the person signing the petition, but since the visits are unannounced, the officers are fine if the person who signed is unavailable. They may ask for copies of the beneficiary's pay records, W-2 and also the employer's tax records, quarterly wages, etc to prove that business is being conducted.
Then they also interview the beneficiary. They may ask details about the job description, employment dates, position, dependents etc. After this they might also want to speak with the beneficiary's supervisor or colleague.
Here are some suggestions from AILA if the Government shows up:
1. Call your attorney, they can be present over the phone while the raids are being conducted.
2. If there is no designated official in the Company at that time, who is knowledgeable about the petitions, the officials should be told about that. Company Employees should not guess and say answers if they don't know about the petition. Also if your company has strict policies against photographing, etc, please advise the officials accordingly.
2. File amended petitions, LCAs as necessary to keep files updated with changing situations. Wrong information could lead to a denial of the H-1B, even though the initial adjudication was an approval.
3. Request the name, title, and contact information for the site investigator. Ask for a business card and phone number. Multiple agencies are doing these visits, and it is important to determine which one is doing the site visit.
4. Don't speak to the investigator without a witness present. Make notes of what transpired as soon as the meeting ends. Keep a list of all documents submitted.
5 If the beneficiary has been placed at a client site not controlled by the client, the client should notify the end user about the current FDNS H-1B assessment program and the possibility of a site visit. If there are multiple companies between the H-1B employer and the end user, the end user should be made aware of the identity of the H-1B employer and review the terms of the assignment. The employer should request that the end user company contact the employer at the beginning of an FDNS site visit so that the employer and/or its representative may be present either in person or by telephone during the site visit at the end user’s location.
Vermont Service Center has sent about 20,000 companies to be audited, and California would also send about the same.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Thursday, September 10, 2009
Health Care and Immigrants
Last night during Pres. Obama's speech on health care to the joint session of Congress, when President Obama said that the new plan would not cover illegal immigrants, Republican Senator Joe Wilson fro South Carolina could not hold back and shouted "You lie." Without going into the fact that this was totally disrespectful, and not the way any US Congressman should behave, and reminiscent of those town hall meetings where conservatives just wanted to shout down any debate, we can safely assume that Mr. Joe Wilson hates illegal immigrants.
For the record, Obama's administration is much harder on illegal immigrants than Bush'.
The E verify program has been extended in Obama's time to encompass ALL federal contractors. The ICE crackdowns on illegal workers are much harder and frequent than the previous regime. For the first time, the money used to prevent fraud on H-1B categories is being utilized to see if any employer is violating the terms of the H-1B visa. And the health care bill in Congress now SPECIFICALLY prohibits illegal immigrants from the bill.
Yes, illegal immigrants are here. They work for us. Many pay taxes and get sick. Most of them wind up in emergencies when they have something serious. The price tag for that is staggering? So what does Republicans like Joe Wilson want to do? Make the illlegal workers work in out kitchens, our gardens, and as soon as they become sick, deport them post haste? Are we becoming Nazis ?
Contact Houston Immigration Lawyer, Annie Banerjee for more details
For the record, Obama's administration is much harder on illegal immigrants than Bush'.
The E verify program has been extended in Obama's time to encompass ALL federal contractors. The ICE crackdowns on illegal workers are much harder and frequent than the previous regime. For the first time, the money used to prevent fraud on H-1B categories is being utilized to see if any employer is violating the terms of the H-1B visa. And the health care bill in Congress now SPECIFICALLY prohibits illegal immigrants from the bill.
Yes, illegal immigrants are here. They work for us. Many pay taxes and get sick. Most of them wind up in emergencies when they have something serious. The price tag for that is staggering? So what does Republicans like Joe Wilson want to do? Make the illlegal workers work in out kitchens, our gardens, and as soon as they become sick, deport them post haste? Are we becoming Nazis ?
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Thursday, September 3, 2009
Killing the Innocents in Texas
Today I am ashamed to be a lawyer from Texas. The recent issue of the New Yorker had a story about one confirmed case where the State of Texas put an innocent man to death. Mostly because the Texas Board of Parole and Pardon did not READ a forensic report in the man's file!
Cameron Todd Willingham woke up one December morning in 1991 to his house burning in fire. He was found by a neighbor in the porch with soot on his chest, screaming, "My babies are burning up." Even though by fireman's accounts, he tried disparately to run into the burning house and save his three children, he could not. The fire was too intense and the firemen restrained him. His children died. The forensic report from Texas said that the fire was intentionally caused by Mr. Willingham. The Defense Attorney wanted him to plead guilty for a life sentence, but Mr. Willingham said he would not plead guilty to a crime he did not commit. This was taken by the Court to be a sign of unrepentance, and he was, like so many others in Texas put on death row.
However the forensic report was based on witchcraft and had NO scientific merit. Dr. Gerald Hurst, a Nationally acclaimed forensic expert studied his file pro bono and concluded that there was NO WAY the fire could have been started intentionally. He concluded that the forensic evidence in Wigginham's trial was based on "junk Science." But the members on the Texas Board of Pardon and Parole did not even bother to read the Hurst report!
Texas has the highest death penalty rate than any other democracy. We put God knows how many innocent people to death. How are we different from North Korea, Iran or China? And if we are the same, how can we morally criticize those countries?
From all over the world people come to the United States as a beckon of freedom and liberty. We don't hesitate to lecture to other countries whenever we see any breach of freedom. Yet we put innocent people to death! Shame on Texas and shame on all the lawyers who are licensed to practice in this State. And that includes me.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Cameron Todd Willingham woke up one December morning in 1991 to his house burning in fire. He was found by a neighbor in the porch with soot on his chest, screaming, "My babies are burning up." Even though by fireman's accounts, he tried disparately to run into the burning house and save his three children, he could not. The fire was too intense and the firemen restrained him. His children died. The forensic report from Texas said that the fire was intentionally caused by Mr. Willingham. The Defense Attorney wanted him to plead guilty for a life sentence, but Mr. Willingham said he would not plead guilty to a crime he did not commit. This was taken by the Court to be a sign of unrepentance, and he was, like so many others in Texas put on death row.
However the forensic report was based on witchcraft and had NO scientific merit. Dr. Gerald Hurst, a Nationally acclaimed forensic expert studied his file pro bono and concluded that there was NO WAY the fire could have been started intentionally. He concluded that the forensic evidence in Wigginham's trial was based on "junk Science." But the members on the Texas Board of Pardon and Parole did not even bother to read the Hurst report!
Texas has the highest death penalty rate than any other democracy. We put God knows how many innocent people to death. How are we different from North Korea, Iran or China? And if we are the same, how can we morally criticize those countries?
From all over the world people come to the United States as a beckon of freedom and liberty. We don't hesitate to lecture to other countries whenever we see any breach of freedom. Yet we put innocent people to death! Shame on Texas and shame on all the lawyers who are licensed to practice in this State. And that includes me.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Wednesday, September 2, 2009
Due Process at Consular Posts
Stories of unfair US Consular Decisions abound. People meet all the requirements of getting a particular visa, and the consulate officer denies the visa based on his or her innate prejudices. The denied applicant can almost always do nothing.
The petitioning entity in the US can usually appeal to a Congressman or Senator, who can demand the reason for the denial. However previously the Consulate did not have to give a reason for that denial under the Consular non reviewability doctrine. Under the 14th Amendment of the US Constitution, The Government cannot deny any person in the United States any rights without due process. This usually means a hearing from the applicant and a right of the applicant to defend himself. This due process was denied to individuals who were not "in" the United States. Furthermore, a Consulate decision, no matter how egregious, was not reviewable by a Federal Court in the United States.
The Appellate Court in New York (2nd Circuit) changed that in Ramadan v Napolitano. The Court held that Federal Courts have the right to review Consulate decisions, and that Consulate posts need to provide an opportunity for individuals to explain their case. This case involved a Muslim Scholar, Mr. Ramadan who was denied a visitor's visa on the basis of the fact that he contributed money to a terrorist group that had ties to Hamas. However the contributions were made between 1998 and 2002. The US did not designate this group as a terrorist group until August 2003. Therefore Mr. Ramadan could not have known that he was making contributions to a terrorist group.
It is yet to be seen what influence this case will have in Consulates such as Chennai, which has the distinction of having the highest visa denials. Will they provide the applicants with a hearing, and if so, is this hearing going to be of any length of time to be meaningful? Additionally, many people applying for visas all over the world have limited English knowledge, and may be made to sign papers which does not state the truth.
The Rule of Law is a high ideal and although most consulate officers follow it, many are still governed by innate prejudices against little people, little corporations. Yet these are the very people that the Constitution seeks to protect. Additionally these little individuals will not have the resources to appeal their case in an US Court of Law. At the very least, maybe the documents required to prove that an applicant has the "facially legitimate and bona fide" rights to a visa, will be the same for employees of big Corporations and little start up corporations. At least this is a step in the right direction.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
The petitioning entity in the US can usually appeal to a Congressman or Senator, who can demand the reason for the denial. However previously the Consulate did not have to give a reason for that denial under the Consular non reviewability doctrine. Under the 14th Amendment of the US Constitution, The Government cannot deny any person in the United States any rights without due process. This usually means a hearing from the applicant and a right of the applicant to defend himself. This due process was denied to individuals who were not "in" the United States. Furthermore, a Consulate decision, no matter how egregious, was not reviewable by a Federal Court in the United States.
The Appellate Court in New York (2nd Circuit) changed that in Ramadan v Napolitano. The Court held that Federal Courts have the right to review Consulate decisions, and that Consulate posts need to provide an opportunity for individuals to explain their case. This case involved a Muslim Scholar, Mr. Ramadan who was denied a visitor's visa on the basis of the fact that he contributed money to a terrorist group that had ties to Hamas. However the contributions were made between 1998 and 2002. The US did not designate this group as a terrorist group until August 2003. Therefore Mr. Ramadan could not have known that he was making contributions to a terrorist group.
It is yet to be seen what influence this case will have in Consulates such as Chennai, which has the distinction of having the highest visa denials. Will they provide the applicants with a hearing, and if so, is this hearing going to be of any length of time to be meaningful? Additionally, many people applying for visas all over the world have limited English knowledge, and may be made to sign papers which does not state the truth.
The Rule of Law is a high ideal and although most consulate officers follow it, many are still governed by innate prejudices against little people, little corporations. Yet these are the very people that the Constitution seeks to protect. Additionally these little individuals will not have the resources to appeal their case in an US Court of Law. At the very least, maybe the documents required to prove that an applicant has the "facially legitimate and bona fide" rights to a visa, will be the same for employees of big Corporations and little start up corporations. At least this is a step in the right direction.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Wednesday, August 12, 2009
icert gripe
Employer: I got this contract to start work in 1 week. I have the perfect H-1B guy. Can you have the petition to me by tomorrow?
Attorney: No can do
Employer: Why? You always do that.
Attorney: That was before July 1. iCert will prevent me from doing that now.
Employer: iCert?
Attorney: Yes, the new LCA system. We file it, then wait 4-5 days. Then hopefully if the DOL can identify your FEIN, we may get an approval. If not, you submit FEIN documents to DOL, wait 4-5 days. DOL verifies it, then you need to file again. Then wait 4-5 days again...... This is a song that never ends, it goes on and on my friend
Employer: Stop singing, you have no tonal sense. So wait, wasn't the purpose of AC-21 to increase competitiveness in the workplace with Employers being able to hire and get work done more quickly? Has Obama changed the century on us as well? Do we have a new AC-18?
Attorney: Ummm, the only thing that Obama wants fast is that health care reform. He said immigration has to wait. Besides the DOL is terrified that we are all trying to pull one over them. All of us trying to file fraudulent LCAs, our Government doubts everything we do
Employer: Thats bullshit! This is not fucking North Korea. This country was built on trust, where we elect our Government and have mutual trust. Besides illegal people don't file H-1B. H-1Bs are professionals who will go back to their country if they don't have a job. So this Computer program that DOL has, was it even beta tested?
Attorney: Calm down Sir. You just have to be patient. I quote from DOL's stakeholder's meeting on 07/31:"iCERT Program has only been operational for 3 months at this time, so bugs are to be expected at this point." Also Sir, If we file an LCA, and it is denied, the notice will only go to you, not us. Can you kindly forward it to us?
Employer: I am not dealing with this. I'll just outsource the work. Maybe the DOL should have hired H-1B professionals to design a better program.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Attorney: No can do
Employer: Why? You always do that.
Attorney: That was before July 1. iCert will prevent me from doing that now.
Employer: iCert?
Attorney: Yes, the new LCA system. We file it, then wait 4-5 days. Then hopefully if the DOL can identify your FEIN, we may get an approval. If not, you submit FEIN documents to DOL, wait 4-5 days. DOL verifies it, then you need to file again. Then wait 4-5 days again...... This is a song that never ends, it goes on and on my friend
Employer: Stop singing, you have no tonal sense. So wait, wasn't the purpose of AC-21 to increase competitiveness in the workplace with Employers being able to hire and get work done more quickly? Has Obama changed the century on us as well? Do we have a new AC-18?
Attorney: Ummm, the only thing that Obama wants fast is that health care reform. He said immigration has to wait. Besides the DOL is terrified that we are all trying to pull one over them. All of us trying to file fraudulent LCAs, our Government doubts everything we do
Employer: Thats bullshit! This is not fucking North Korea. This country was built on trust, where we elect our Government and have mutual trust. Besides illegal people don't file H-1B. H-1Bs are professionals who will go back to their country if they don't have a job. So this Computer program that DOL has, was it even beta tested?
Attorney: Calm down Sir. You just have to be patient. I quote from DOL's stakeholder's meeting on 07/31:"iCERT Program has only been operational for 3 months at this time, so bugs are to be expected at this point." Also Sir, If we file an LCA, and it is denied, the notice will only go to you, not us. Can you kindly forward it to us?
Employer: I am not dealing with this. I'll just outsource the work. Maybe the DOL should have hired H-1B professionals to design a better program.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Wednesday, August 5, 2009
Obama Administration and Immigration Enforcement
In an article published on August 3, in the New York Times, the Obama Administration, contrary to their campaign promise is pursuing the same policy as its predecessor, President Bush on Immigration Enforcement. They are increasing the I-9 audits, the E Verify program, and has introduced a program to check the immigration status of every person held for any crime. While these policies are meant to deter illegal immigration, the potential for civil rights violation especially of Hispanic Americans in any one of these programs is very great. In any of these programs racial profiling occurs routinely.
The New York Times article quotes Senator Charles Schumer (D NY) as saying that this stance is in preparation for the immigration legislation to be introduced later in the legislature. "Democrats have to “convince the American people there will not be new waves of illegal immigrants” after an overhaul passes," Senator Schumer told the New York Times.
While that might be the case, a significant amount of Hispanic supporters are not happy with this policy. And Hispanics are the fastest growing segment of the American population.
Additionally, no matter what the Democrats do, the hard core republican will always perceive the democrats as soft on immigration.
Immigration enforcement should be left up to the harsh realities of the marketplace. If there is a need for foreign workers, businesses will get them. No one will cross illegally into the United States, risking life and limb, leaving behind their families, if there is no jobs in the United States for them to do. That way it satisfies the Republicans in their Laissez Faire economic policy and satisfies the Democrat's pledge to restore the civil rights of every American which was taken away by the Bush Government.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
The New York Times article quotes Senator Charles Schumer (D NY) as saying that this stance is in preparation for the immigration legislation to be introduced later in the legislature. "Democrats have to “convince the American people there will not be new waves of illegal immigrants” after an overhaul passes," Senator Schumer told the New York Times.
While that might be the case, a significant amount of Hispanic supporters are not happy with this policy. And Hispanics are the fastest growing segment of the American population.
Additionally, no matter what the Democrats do, the hard core republican will always perceive the democrats as soft on immigration.
Immigration enforcement should be left up to the harsh realities of the marketplace. If there is a need for foreign workers, businesses will get them. No one will cross illegally into the United States, risking life and limb, leaving behind their families, if there is no jobs in the United States for them to do. That way it satisfies the Republicans in their Laissez Faire economic policy and satisfies the Democrat's pledge to restore the civil rights of every American which was taken away by the Bush Government.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
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