A positive story relating to helping immigrants and someone with a social conscience, how refreshing!

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It is about time that this man be held accountable for his actions.  Not only does he allegedly violate the civil rights of individuals his office detains, as the original justice department lawsuit accuses him of doing, but he frequently appears on any cable network that will have him and antagonizes the federal government.

Most people understand that once a lawsuit has been filed, parties have the right to demand that certain information be provided and documents be produced.  This is the law.  For a man who spends so much time boasting about how he upholds the rule of law by detaining undocumented aliens, it is surprising that he refuses to comply with the basic discovery requirements of the lawsuit that has been filed against him and his department.

How the lawsuits against Brewer and Arpaio will turn out is unknown.  However, I would guess that most attorneys would dream as having these two as opposing party witnesses.  It is unclear whether either Brewer or Arpaio will actually testify in these cases.

Brewer had trouble remembering her opening statement in a recent debate and was unable to answer reporters’ simple follow-up question that followed.  Being so evasive would not be easy under cross-examination.  Arpaio frequently appears on television and challenges the federal government to follow through on its threats of a lawsuit.  When the government follows through Arpaio allegedly refuses to comply with discovery forcing another lawsuit to compel cooperation.  All of this nonsense is costing Arizona taxpayers a small fortune in legal fees as well as lost revenue from organized boycotts as well as from those who simply choose to spend their vacation dollars elsewhere.

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Her claim to fame is the high-profile, ill-conceived state immigration law that although popular, has led to boycotts, a federal lawsuit and other dire economic consequences for a state that was already suffering a great deal before this law was enacted.  The truth is that the number of violent crimes committed by undocumented persons and illegal immigration into the US generally have decreased.

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The Online Detainee Locator  is a step in the right direction in the government’s efforts to make the process of detaining alleged undocumented aliens more transparent.

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More evidence that the majority of undocumented come here to work.  They do not come to commit crimes or to abuse our benefits.  When there are fewer employers to hire them, they are less likely to come.  There is a misconception among many anti-immigrants that all the undocumented have to do is “make themselves legal”, as though this is a viable option.  Rest assured, for most undocumented aliens, there is no avenue to legalize and truth be told, there is often no legal means for many of these individuals to enter the US.  Many of the people who entered through Mexico paid human traffickers as much as a lawyer would charge to assist them.  If there were legal means for these individuals to enter the country, why would they pay so much and risk their lives to do it unlawfully?

Add to that the 3 and 10 year bars to reentry for those who leave the US after having been in the country out of status for more than six months, and one can see that there is a built-in disincentive in the law for undocumented aliens who overstay their status to leave because then they would be unable to return for several years, if ever.

Our immigration system is broken.  As the years pass, I become less hopeful that our elected officials will do what needs to get done to fix the system.  Political games usually trump effective government.

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As the number of filed petitions increases, it is likely that more employers will be filing for foreign-nationals to start employment on or after October 1, 2010.

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The Obama administration is finally putting its money where it’s mouth is in trying to fix our broken immigration system while keeping the President’s campaign promise to offer legalization to millions of undocumented workers who meet stringent criteria.  Some would argue that this is too little too late while others believe that the administration is on the right path.  By taking step such as:  (1) suing the State of Arizona to avoid a mishmash of state immigration laws, (2) dedicating funds to help secure the border and, (3) halting immigration proceedings and releasing from detention those who may be eligible to adjust, the administration is setting the groundwork for what could be a renewed attempt to pass immigration reform after the November elections.

Even if the Republican party takes control of Congress, if the administration uses Policy Memoranda and other tools at its disposal to create a better immigration system without congress passing Comprehensive Immigration Reform, it’s far better than nothing.  Most immigration practitioners would agree that the interpretation of the law by agencies is more important than the law itself.  Perhaps the congress will come together soon after the elections to pass CIR before Washington gets all riled up about the 2012 elections (one can always dream!).

During the final years of the Bush administration, many immigration laws were interpreted to limit benefits to immigrants as much as possible.  Arguably, the anti-immigration positions have started to shift with the exception of heavy-handedness by the USCIS and the DOL with issues concerning jobs for Americans.  In particular, the USCIS recently raised fees substantially for certain H-1B employers and in audits the DOL has begun asking for proof of how employers contacted eligible applicants for positions recruited for under the PERM Labor Certification Program.  These steps are understandable given the country’s high unemployment rate.

The far right will decry any prioritizing of immigration enforcement as “back-door amnesty”.  However, right-winged candidates who see red on the issue of undocumented aliens historically lose their elections or primaries.  On the other hand, appearing lax on enforcement is not the key to winning votes.  Immigration is a tricky issue as it is not a priority for most voters and politically, it is generally best left untouched around election time.

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How Can I Obtain an EB-5 Green Card Through Investment in a Regional Center?

In essence, an EB-5-based immigrant visa can be obtained by a foreign national investing $500,000 USD with a USCIS-designated Regional Center located in a targeted employment area (which most of them are). Upon investment and filing the appropriate form with the USCIS along with evidence of the legitimate source of the funds, a conditional green card is granted to the investor and his/her dependents for a two-year period after which the foreign-national applies to remove the condition and have a permanent green card.  The foreign-national’s family can reside anywhere in the US.  The obligations to invest the funds to comply with the statutory requirements for condition removal rest with the Regional Center.  Therefore, selection of a reputable Center is key.

Will I Get My Money Back?

The law requires that the capital invested must be placed “at risk.”  This means that there is no guarantee that you will get your money back at the end of the investment period, which is usually at least five years after the initial investment.  Some Regional Centers may offer options to mitigate the risk or to insure against it within the legal boundaries.  This and all aspects of selecting an appropriate Regional Center should be discussed with knowledgeable business counsel.  It is also crucial  to examine the track record of a Center prior to making one’s selection.  Many Regional Centers will tell you that you can expect to get your money back with a nominal return at the end of the investment period.

Of course, in addition to the statutory investment requirement of $500,000 there are the Regional Center’s administrative, and the investor’s legal and USCIS filing fees which are generally not refundable.

Am I Guaranteed to Get My Green Card?

There are never any guarantees when it comes to a government agency adjudicating a case nor when a Regional Center has control over how the pooled funds will be invested.  However, by investing with a reputable Regional Center and otherwise being qualified to adjust status, it is a good bet that qualified investors and their families under the program will be granted permanent residence status.

PLEASE NOTE THAT NOTHING IN THIS POST OR ON THIS WEBSITE SHOULD BE CONSTRUED AS LEGAL ADVICE.  PLEASE CONSULT A QUALIFIED IMMIGRATION LAWYER TO DISCUSS YOUR INDIVIDUAL SITUATION.

For more information, please visit our firm’s websites at www.americainvestorvisa.com and www.immigrantconnect.com.

How the Ninth Circuit will decide this matter is unpredictable because although it is a mostly liberal Court, there are some conservative judges who may be among those selected to decide this case.  Whatever the Court decides, this case is headed for the U.S. Supreme Court where the issue of state immigration laws should be decided once and for all.  My two cents:  If immigration laws vary from one state to the next we as a nation will be shifting from the United to the Divided States of America.

This issue belongs in the hands of a responsible Court that can apply the laws of the land to the cold facts.  Immigration is more of an emotional issue than a rational one for many on either side of the debate.  One thing that being a lawyer and closely  following the politics related to immigration have taught me is that with most people, emotion trumps logic.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!