When Facebook went public recently, the company's value incessantly rose to incredible heights. Saverin's shares are valued around $3 billion -- an amazing net worth that carried with it some serious taxes that had to be paid. Allegedly, Saverin gave up his U.S. citizenship to dodge these taxes (which may have been in the hundreds of millions of dollars).
]]> Because Saverin left the U.S. behind during the initial public offering of Facebook stocks, and since he chose Singapore as his place of residence, where no taxes on his shares will be applied, Saverin's case seems weak. However, he contends it had "nothing to do with taxes.""I was born in Brazil, I was an American citizen for about 10 years. I thought of myself as a global citizen," said Saverin.
Under our immigration laws, it would have to be proven that Saverin renounced his citizenship to avoid taxation before he could be barred from re-entering the country. Of course it is possible he does not want to return to the U.S. - but if he did, he could seek a waiver and apply for a temporary visa, though it require him to face his charges and admit his alleged wrongdoing.
Source: TPM, "Facebook's Eduardo Saverin Likely Barred From Re-Entering U.S.," Sahil Kapur, May 17, 2012
]]>Recently, federal officials have stressed prosecutorial discretion with illegal immigrant and deportation cases. This strategy drops many cases quickly as U.S. Immigration and Customs Enforcement looks to prioritize its cases, focusing on people with criminal backgrounds. Prosecutorial discretion, though, is just another ripple in the ever-changing pond that is immigration law.
]]> A $51 billion federal bill is being considered by the House and Senate to fund many Justice and Commerce Department programs. $165 million of that money could go towards cities to help their immigration enforcement programs incarcerate and investigate immigration cases -- but it is not that simple.There is an amendment to that $165 million that will cut the funding to cities that fail to enforce immigration laws, or "sanctuary cities" as they were labeled. In addition, the White House is considering vetoing the bill anyway (the immigration provision is but a small part of the financial measure) as it looks to curb spending.
While immigration enforcement might be an expensive endeavor, this bill shows that immigration laws are constantly in a state of flux and it can be very difficult for people who are being threatened with deportation to properly defend themselves because of this. That is why proper legal representation is very important - a person facing deportation needs experienced and knowledgeable counsel to defend their case in the often confusing world of immigration law.
Source: Los Angeles Times, "House OKs money for jailing illegal immigrants -- with caveat," Richard Simon, May 10, 2012
]]>A college education is a very valuable asset in today's world, and for these immigrants who graduate from high school, it is a great feeling to realize their dreams and attend an American university. Arguably a greater matter is that U.S. colleges are accepting illegal immigrants and are even looking at creating policies that allow more illegal immigrants on campus. In fact, some universities embrace their illegal immigrant student population.
]]> In a Chicago suburb, Dominican University has 17 illegal immigrant students and has a history of doing everything in the institution's power to allow such students to enroll. Dominican's president admits it is controversial -- both the matter at large and her school's policy. But she returns to the fact that it is illegal to discriminate against any student group. "You need to start from that premise," she said.There are other positive signs for illegal immigrants attaining a college education. For example, according to a recent study that polled 447 colleges, about 57% of private school respondents admitted an illegal immigrant to the school. Roughly 29% of public school made the same gesture.
The state of Illinois is also making a push for illegal immigrants on college campuses, passing a law that requires high schools to have counselors on staff with knowledge of college options for undocumented students. The law also allows a college's private donors to establish federally-supported scholarships that are available to illegal immigrants.
Source: USA Today, "Colleges look at policies for illegal immigrants," Mary Beth Marklein, May 9, 2012
]]>Advance parole has long been used as a temporary travel document to allow people present in the US pursuing an application for adjustment of status (and sometimes asylum) to leave the US and return after a short trip abroad to continue processing their application and avoid abandoning the application. When Congress passed the "3 and 10 year bar" in 1996, however, the use of advance parole became restricted, since many applicants for adjustment of status may have already accrued more than one year of "unlawful presence" prior to filing their applications. Departing the US in these circumstances, even with advance parole, would trigger a ten year bar from admission, such that the returning parolee would be ineligible to adjust status, unless they were approved for a waiver of the ten-year bar by demonstrating that their US Citizen or permanent resident spouse or parent would suffer "extreme hardship" if they were refused admission.
These harsh consequences could only be avoided by remaining in the US until the USCIS granted the adjustment of status application, such that many applicants could not go home for family emergencies or holidays. Using advance parole became a lethal trap for the unwary: a person who went home with a USCIS-issued advance parole would find himself ineligible for adjustment of status upon return! Recognizing the patent unfairness of this application of the rule, the BIA in Arrabally and Yerrabelly determined that departing with an advance parole is not considered a "departure" for the purposes oaf the 3 and 10 year bar.
Such departures, fully authorized by the USCIS, where the applicant clearly intends to return to the US to complete the processing of his application for adjustment of status, will no longer trigger the 3 and 10 year bar and waiver applications will no longer be necessary to secure approval of these applicants' green cards.
]]>The ambitious employment immigration idea may sound like a joke, but Blueseed seems to be taking it seriously as they move ahead with a possible launch in the next two years. The ship has as many as 150 technology startups that want to be aboard the inaugural ship, which would charge $1,600 per month in rent. That may be pricey, but it could afford immigrants the chance to network with a diverse group of professionals and even have their dreams or ideas realized.
]]> The ultimate goal of Blueseed's seastead project is to offer an alternative solution to the sometimes burdensome realities of applying for a work visa. Approaching a work visa application appropriately -- consulting an experienced attorney and, with such legal know-how in your corner, working together to get past the issues at hand while applying -- could expedite the process.A seastead, though, is at the very least an interesting idea; one that, should it fulfill their creator's dreams, help the U.S. economy by providing nearby and more convenient access to some of the world's rising stars in the technology sector.
It seems possible that, someday very soon, America's next great entrepreneurs could be going nautical before they earn their first dollar.
Source: Huffington Post, "Blueseed, World's First Startup Ship, Gains Steam," Nate C. Hindman, May 7, 2012
]]>So how does the program work? For about $25 a month, restaurant employees whose immigration status makes them ineligible for healthcare can now receive both preventative and primary care; though the former seems to be the most important aspect of the program.
]]> "Restaurant workers are preparing, serving and cooking our food," said a representative of ROCLA. "So many of these workers reported that they go to work sick. That is a public health hazard for consumers."Considering there are 75,000 illegal immigrants working in the restaurant industry, this program could alleviate some public health concerns. The president and chief executive of St. John's said most people who use the program come in with minor injuries, such as cuts and burns. The preventative care offered by the program will helpful for these workers, and it may also keep costs low.
"Emergency rooms are the providers of last resort, and they are very expensive," said a UCLA official. "If people can be provided alternatives, that saves everyone money."
Source: Los Angeles Times, "L.A. program offers healthcare for illegal restaurant workers," Anna Gorman, May 3, 2012
]]>Secure Communities is the controversial fingerprint-sharing program that encourages local law enforcement to collaborate with federal immigration authorities so that they can identify and tab illegal immigrants for deportation.
]]> Under Secure Communities, some illegal immigrants were being forced into deportation hearings just for traffic violations, such as driving without a license. Secure Communities is supposed to identify high-risk or "priority" immigrants who have criminal backgrounds or are wanted by U.S. Immigration and Customs Enforcement.After reviewing the effects of Secure Communities, the Homeland Security Advisory Council advised that Secure Communities should excuse drunk driving, reckless driving, hit and run incidents or accidents that could cause serious harm. Such a policy will be enacted soon.
Limiting Secure Communities is of particular interest to those in California, as our state deports the most people under the program. While this change to the program is another step towards the current administration's goal of prioritizing deportation cases with serious criminals or high-priority people, there could still be some confusion about the new enforcement.
As we saw with the prosecutorial discretion program a few weeks back, just because a new measure or order is brought into the fold doesn't mean that things will run smoothly. Even with this potential policy on the books, people may be wrongfully arrested or face deportation simply based on their appearance or their lack of citizenship. Minor traffic violations should not result in such a reality under this new provision, and if you feel your rights under the new Secure Communities policy have been violated, consult an experienced immigration attorney.
Source: Atlanta Journal Constitution, "Fewer people stopped for traffic offenses to face deportation," Jeremy Redmon, April 28, 2012
]]>ICE says they have offered to suspend deportation cases against 16,500 people after reviewing about 70% of the total cases pending. The number of cases being shelved makes up 7.5% of the deportation cases under review.
]]> As we mentioned before, some of the factors that go into a deportation case being suspended under prosecutorial discretion include length of time in the U.S, having a child born in the U.S., showing good moral character and lacking a criminal record.But one thing that some do not consider is that after someone is cleared of a deportation case, they struggle to earn work visas. The director of advocacy for the American Immigration Lawyers Association says the number of work visa approvals is "a very low number."
So some take their case to immigration court, seeking asylum. According to the Executive Office for Immigration Review, in 2011 about 50% of the immigrants who went to court trying to earn asylum were successful.
Whether you are applying for a work visa, seeking asylum or your deportation case is up for review under prosecutorial discretion, it is vital to have a determined attorney with experience handling immigration and deportation cases in your corner.
Source: Washington Post, "APNewsBreak: Immigration officials offer to shelve 7.5 pct of deportation cases under review," April 24, 2012
]]>From 2005 to 2010, a mere 1.4 million people from Mexico immigrated to the U.S., matching the number of people from the U.S. who went to Mexico during the same time frame. Enhanced immigration laws and enforcement are surely contributing to this trend, though a sagging American economy (paired with an uptick in the Mexican economy) and the treacherous nature of crossing the border are factors as well. Ultimately, this stagnation may impact employment and work visa applications.
]]> With the health of the economy seemingly changing by the minute, qualified Mexican citizens may look elsewhere for employment; which means where once there were many work visa applicants, there may no longer be the demand. The cause-and-effect of "net zero" could ripple further, prompting employment immigration reform, possibly loosening work visa restrictions.However, the report also found that legal immigration from Mexico to the U.S. increased during the 2007-2011 window (5.6 million in 2007, 5.8 million in 2011). Authorized entry into the U.S. is a process, just like attaining a work visa. But with the right guidance and support, an applicant could be approved quickly and move ahead with their lives.
Source: Multi-American, "Net migration from Mexico has stopped - now what?," Leslie Berestein Rojas, April 23, 2012
]]>So what happens when an illegal immigrant follows all the rules, does the necessary work (while showing good moral character) and is prevented from fulfilling his dream?
]]> That is the situation in Florida, after a 25-year-old illegal immigrant was blocked from taking the state Bar exam, even though there are no rules or guidelines that stipulate an applicant has to reveal their citizenship status before taking the Bar. He graduated from the College of Law at Florida State University and attempted to take the Bar exam, but the examiners did not let him take the exam.Before this snafu, the 25-year-old lived in Mexico. His parents came to the U.S. on a tourist visa when he was just nine years old and he has been here ever since, becoming valedictorian during his time in high school.
Considering his past achievements, the 25-year-old sounds like a hard-working person that displays good judgment, has outstanding character and would proudly represented the United States - the country he has known for a vast majority of his life.
Still, the Florida Board of Bar Examiners will not allow the man to take the Bar exam. "He admitted to the Bar and the Florida State law school that he was an undocumented immigrant," the 25-year-old's attorney said. "It is unfair to deny him the credentials he's deserved."
Source: Huffington Post, "Jose Godinez-Samperio, Undocumented Immigrant, Passes Bar Exam In Florida But May Not Be Able To Practice," April 16, 2012
]]>U.S. Immigration and Customs Enforcement is attempting to clean things up by simplifying their deportation process (focusing on prosecuting those with criminal backgrounds and passing over immigrants in good standing), a program we discussed two weeks ago and will be coming to Los Angeles, California this summer. But it seems this change of policy has caused that familiar feeling of confusion for many illegal immigrants.
]]> The deportation freeze program hinges on "prosecutorial discretion," which simply means that a prosecutor would pick and choose the cases he or she wants to take to court. Under ICE's use of prosecutorial discretion, this means that people who have been tabbed for deportation will have their case reviewed and, if ICE deems a risk due to past criminal activity, the defendant will face deportation proceedings. If not, the defendant will have their case suspended.But using this discretion creates confusion because some people are still facing deportation even though they do not fit the "risk" qualifiers ICE has mentioned. For example, one 29-year-old man from Moldova has been in the U.S. for six years on a work visa. He has a wife -- with whom he had a 1-year-old son, born here in the U.S -- and no criminal history. This man will still face deportation after ICE reviewed his case under "prosecutorial discretion."
There are still positives to take from the program. Prosecutorial discretion has led to the suspension of 9% of reviewed deportation cases since late last year (there have been 165,000 cases during that time). However, prosecutorial discretion is not a guarantee -- it is not a get-out-of-jail-free card. Someone faced with deportation needs experienced and reputable legal representation while these immigration laws continue to change and evolve.
Source: Denver Post, "Immigrants' deportation cases stumble over U.S. policy change," Nancy Lofholm, April 15, 2012
]]>What federal officials will do now that the "Cross Check" sweeps are complete is look into the criminal backgrounds of those arrested. As has been reported, ICE's new directives are to focus on deportation cases involving illegal immigrants who have committed serious crimes. Of the 206 illegal immigrants in Los Angeles, 106 of them have committed "serious" crimes.
]]> Those crimes seem to be loosely defined -- they could be violent crimes, they could be trying to re-enter the country illegally. There is also the possibility that some of the 106 did not commit serious crimes and were lumped in with that group because of some minor criminal history. No matter the situation, each case will be reviewed and officials will determine if the person should enter deportation hearings.But what happens to the 100 immigrants who were scooped up during "Cross Check?" Under the new mandate given to ICE it would seem these people have displayed good moral character previously, having no criminal background, and should be let go. In regards to arresting illegal immigrants with no criminal history, an immigration activist in Los Angeles said "if ICE is going to offer prosecutorial discretion, we don't understand why they bother."
Source: Huffington Post, "Los Angeles Deportation Sweep Nets 206 Undocumented immigrants," Simone Wilson, April 2, 2012
]]>Don't risk your visa application -- consult an attorney to help you through the process. With a reputable lawyer by your side, you can rest assured that your paperwork is being properly filed. For those applying for family immigration visas, this notion is especially important. According to new data on family visas, some applicants have had to wait 23 years for their visa.
]]> The U.S. State Department released family visa statistics that show brothers and sisters of U.S. citizens that are from the Philippines who applied for F4 family visas on Jan. 8, 1989 are just now receiving visas.Three other groups suffer from long waiting periods. Married children of U.S. citizens from the Philippines (about 20 years); unmarried children over the age of 21 of U.S. legal residents from Mexico (about 19 years); and married children of U.S. citizens from Mexico (about 19 years) completed the list of the four longest waiting periods for U.S. family visas.
Since visas are capped equally amongst all countries and because demand from individual nations is not factored into this allotment, larger countries suffer a large backlog of visa applicants. Clearly Mexico and the Philippines have a much greater demand for family immigration visas than their capacity allows, while China and India also have unfavorable waiting periods for visas.
There have been attempts to get rid of the per-country limitations, but the most recent iteration of the bill faltered in the final session of the Senate in 2011.
Source: Multi-American, "Who had the longest wait for an immigrant visa this month?," Leslie Berestein Rojas, April 5, 2012
]]>The closure of the courts aligns with President Barack Obama's call to review (and complete) many deportation cases and place a heavy focus on cases involving people with a criminal background. Three major factors will play a role in determining deportation: if the person is a veteran, is a college student or came into the country as a child, they may be freed of the deportation process.
]]> A spokeswoman for U.S. Immigration and Customs Enforcement released a statement backing the emphasis placed on high-priority cases. "Today's announcement of the expansion of the pilot program that began late last year will free additional ICE resources to complete the review and will heighten the administration's focus on priority aliens," she said.Baltimore and Denver were the first two cities to utilize the program. Those cities began the review towards the end of 2011 - but Seattle, New Orleans, Detroit and Orlando will begin the program on April 23 as it runs through May 4. New York (May 7-18) and San Francisco (Jun 4-15) will follow soon thereafter, with Los Angeles rounding out the program's schedule.
Source: Los Angeles Times, "Immigration courts will partially close for deportation review," Paloma Esquivel, Mar. 30, 2012
]]>Family immigration cases like this are becoming more prevalent in the U.S., and this one in particular highlights the proposed California law (SB 1064) we discussed in our last post.
]]> The local impact of SB 1064 is tremendous, especially here in Los Angeles where the topic of immigration is central to the city's culture. Ultimately, SB 1064 is a law that tackles the rights of illegal immigrants; but it is much more than that.Losing parental rights to your own child crosses ethnic, religious and class lines -- it is a human issue. And SB 1064 looks to grant people a fair, legitimate and humane process for retaining their parental rights in mitigating circumstances.
Nationally, the impact of SB 1064 could be even greater. The proposed law would be the first of its kind in the U.S. if it is enacted. That process is underway, but in the meantime, there are many families out there who are in the country illegally, just like the woman in Missouri. They deserve a chance to keep their family together, and if that time comes, they should be well represented in an immigration court.
Source: Multi-American, "In California, an attempt to keep some deportees' children out of foster care," Leslie Berestein Rojas, Mar. 28, 2012
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