Month: August 2007

In an article that appears in the Boston Herald, the Associated Press reports that:  “Homeland Security Secretary Michael Chertoff told a national gathering of state lawmakers Wednesday that he would ratchet up enforcement of immigration laws, including at the workplace, in lieu of comprehensive immigration reform.”

Isn’t it an amazing twist of fate that millions of undocumented aliens who, had Comprehensive Immigration Reform (CIR) passed Congress and been signed into law, would have been given the opportunity to legalize, will now continue to live in the shadows in even greater fear as the government “ratchets up enforcement of immigration laws.”

Hopefully, once we see that enforcement on its own will not work to solve the country’s immigration crisis (and it won’t), CIR will be revisited.

The USCIS released its third FAQs for Employment-Based Adjustment Applications filed by aliens whose priority dates are current under the July 2007 Visa Bulletin.

I recently came across an interesting blog, Immigration Orange, that concentrates on publicizing the root causes of immigration and suggests appropriate courses of action to help alleviate some of the problems in countries that cause people to emigrate.  The author is very passionate about the subject and his blog is worth checking out.  I link to the site to the left.

According to an article in today’s Los Angeles Times:  “A U.S. citizen who had been in the custody of the Los Angeles County Sheriff’s Department before he disappeared in May after being wrongly deported to Mexico was found this week and ordered released to his family.”

This is an example of one of many errors that occur when the country is in a rush to deport and punish.  Along the same lines, following the ICE raids that occurred in New Bedford, Massachusetts, there were reports of several parents of young children being flown to Texas to be detained without leaving caregivers for the children.  On March 15, 2007, the Boston Globe ran an article with a timeline of the events proceeding the New Bedford raid.

The funny thing about these stories is that, had Comprehensive Immigration Reform been signed into law, as it eventually will be (hopefully in my lifetime!), many of those who were deported would have been in lawful status while waiting for their permanent resident applications to be processed.  This would have allowed law enforcement to concentrate on capturing and deporting violent criminals rather than mentally disabled US Citizens or primary caregivers of young children who were working without authorization.

The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) provides recommendations for resolving individual and employer problems with the United States Citizenship and Immigration Services (USCIS).

“How Is It Working For You?” The CIS Ombudsman’s Community Call-In Teleconference Series provides a forum to hear issues of concern to individuals and employers as they interact with USCIS.

• “USCIS District/Field Offices” — Thursday, August 16, 1:30 – 2:30 p.m. EDT
• “USCIS Service Centers” — Thursday, August 16, 3:00 – 4:00 p.m. EDT

According to an article in the Houston Chronicle:  “A temporary worker program and path to eventual citizenship for millions of illegal immigrants — key parts of the Senate bill that imploded in June — are dormant. But legislative efforts to crack down on illegal immigration are popping up with surprising frequency.”

The USCIS announced in an Update released today that it will administer the Humanitarian Parole Program, the Moscow Refugee Parole Program, and the Cuban Haitian Entrant Program.  These programs were previously administered by ICE (Immigration and Customs Enforcement).

In an Update issued today, the USCIS announced that on July 30, 2007 the agency implemented several changes benefiting prospective adoptive parents who experience delays finalizing their adoptions allowing a one-time extension of an approved application.  In a related Update, the USCIS released FAQs on these changes.

In an editorial piece by Senator Arlen Specter (R – PA) that appeared in today’s Washington Post, he states:  “The charge of amnesty defeated comprehensive immigration reform in the Senate this summer.  It is too important, and there has been too much legislative investment, not to try again. The time to do so is now.”

It is refreshing to see a Senator continue to stand up for principles he believes are best for the country rather than just run away or completely change his stance simply because it is a difficult issue to address.

The following is not legal advice and is for general informational purposes only. Please consult a qualified immigration lawyer for advice on your specific situation.

People legitimately marry for many reasons, such as: for love, to start a family, for money, convenience, power, prestige, family and social acceptance. However, when a US citizen marries a foreign-national who applies for permanent residence through marriage, the USCIS will determine the validity of the marriage for immigration purposes.

If the marriage is valid at inception, it is valid for immigration purposes. The test is whether the bride and groom intended to establish a life together. If a marriage was knowingly entered into for the purpose of evading US immigration laws and the person knew or had reason to know of the immigration laws there could be immigration, civil and/or criminal consequences.

Some facts to keep in mind for an alien who wishes to obtain permanent residence through marriage to a US Citizen: (1) cohabitation and consummation are not absolute requirements, (2) homosexual marriages are not valid, and (3) postoperative transsexual marriages are recognized.
A foreign national who applies for permanent residence through marriage will be granted conditional residence status unless the marriage is more than two years old at the time of granting immigrant status. A conditional resident and his or her spouse should petition the USCIS to remove the condition within 90 days before the second anniversary of conditional residence. If a joint petition cannot be filed, in certain situations, the alien may apply for a waiver.

For almost all marriage cases, the USCIS will require the spouses to attend an interview at the district office (if the alien is in removal proceedings, the case will be heard by an immigration judge). A sham marriage is illegal and if discovered, could become a true nightmare for both spouses involved. However, if an alien is fortunate enough to truly fall in love with and marry a US Citizen who is willing to apply for him or her, it is among the fastest ways to become a legal permanent residence.

As with all areas of immigration, there are many quirks and restrictions that the parties need to be aware of prior to filing the petition and application. Despite the strong temptation to file the case oneself, I strongly recommended that the alien be represented by qualified counsel whenever possible.