Friday, September 9, 2011

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

Wednesday, September 7, 2011

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.

Friday, September 2, 2011

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

Thursday, September 1, 2011

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

Monday, August 22, 2011

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

Friday, August 19, 2011

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


Thursday, August 4, 2011

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