NO IMMIGRATION REFORM

On June 28, 2007, the United States Senate took a procedural vote after which the legislation was withdrawn from consideration. That means that the will be no amendment in the near future.

Please let it be known that there is no reform and that nothing being planned by the politicians This is important because, in times like these, there are people trying to scam the undocumented with flat-out lies.

Maybe the next President will have the guts to fix a system that is obviously not working. I do not care how hard they want to make immigration into the U.S., but everybody needs to recognize that the undocumented are getting jobs. In my opinion, the true "lawbreakers" are those hiring the undocumented with one face and then complaining about immigration reform with the other face. It is time for one face politicians (from all political parties).

Tourist Visa

The “tourist visa” is the most commonly used and abused visa and, for that reason, the Citizenship and Immigration Services Bureau (“USCIS”) and U.S. Department of State have adopted regulation to make it harder to obtain it. The “B-2" or “Visitor for Pleasure” visa is issued by government consular offices at the intending visitor’s country of origin.

“Visitor for Pleasure” is broadly defined as any non-work related trip and has been specifically defined by the regulations to allow trips to visit relatives or to obtain medical treatment. Reasons referring to “Pleasure” can be defined by tourism, sight seeing, amusement, rest, visits with friends, and/or relatives. This does not refer to reasons of work, study, business activities or representative of foreign press or film.

Visas are issued for a period of up to six months. There is a procedure to extend a B-2 visa once a person is in the United States, however, extensions are rarely granted and noone can stay in the U.S. as a “tourist” for more than 12 months.

The Department of State must believe that the intending visitor: 1) Plans to leave US at the end of their stay; 2) Can return to their country of origin; 3) Has sufficient money to support their trip to and from the US. If the consular officer is not certain that the applicant meets any of these requirements, then the visa request will be denied. The process begins with the filing of an original DS-156 Non-immigrant Visa Application Form. Afterwards, the intending visitor may be interviewed at an embassy by an official from the Department of States. Females are rarely interviewed. Males between the ages 16 of 45 must complete Supplement DS-157 Form and undergo brief interview with a consular office. Males or Females 16 and over from North Korea, Cuba, Syria, Sudan, Iran, and Libya must also complete a the supplemental form (DS-157). If the Department of State approves the petition, then USCIS grants the visa.

A person who enters the U.S. with a B-2 Visa cannot work and is generally forbidden from obtaining a different visa. For example, if a person comes a tourist with the intention of becoming a student, he or she has to express their interest before obtaining a visa. Also, persons intending to marry in the U.S. have to comply with other requirements.

I-129 F = Fiancee Visa

A United States Citizen ("USC") may petition the government to allow an foreign fiancee to marry the citizen in the United States. The K-1 visa is available to a USC that 1) has met his or her alien fiancee in person in the last two years; 2) has the good faith intent of getting married within 90 days of the fiancee being allowed to enter the U.S.; 3) there is no legal impediment for the marriage; and 4) has provided his or her criminal record (if any). The minor children of the fiancee may accompany them.

A USC has to satisfy other conditions if he or she has met the alien fiancee through an international marriage broker.

In order to obtain a K-1 visa, the USC must pay a filing fee of $170 and present the supporting documentation together with immigration form I-129 F at the USCIS office of his place of residence. The alien fiancee has to go through an interview at the consular post on the country of residence.

INFO for immigration forms

Information Usually Requested by the Citizenship and Immigration Services Bureau (“USCIS”).

Information About You

Full name (name, middle name(s), last name)

Alien Number (if any)

Social Security Number

Other names used by you, including maiden name (if any)

Place of birth

Date of birth

Marital status

Full name and date of birth of prior spouse (if any)

Date of Prior Marriage / Date Marriage Ended (if any)

Full name and date of birth of your children (if any)

Current address

Your address for the last five years (specifying the month and year of move-in and move-out)

Your Father’s full name; and the date, city and country of his birth

Your Father’s city and country of current residence

Your Mother’s full name; and the date, city and country of his birth

Your Mother’s city and country of current residence

Your employment in the last five years (specify occupation and dates of employment)

Your record of arrests or convictions (if any)

Your last address outside of the U.S. for more than one year (if any)

Information About Your Relative

Full name (name, middle name(s), last name)

Alien Number (if any)

Country of Citizenship

Has your relative been in the U.S., yes or no?

When and how was the last time your relative entered the U.S. (date of arrival, date of departure or expiration of current stay)

U.S. Social Security Number (if any)

Other names used by your relative, including maiden name (if any)

Place of birth

Date of birth

Marital status

Full name and date of birth of your relative’s prior spouse (if any)

Date of Prior Marriage / Date Marriage Ended (if any)

Full name and date of birth of your relative’s children (if any)

Current address

Your relative’s address for the last five years (specifying the month and year of move-in and move-out)

Your relative Father’s full name; and the date, city and country of his birth

Your relative Father’s city and country of current residence

Your relative Mother’s full name; and the date, city and country of his birth

Your realative Mother’s city and country of current residence

Your relative’s employment in the last five years (specify occupation and dates of employment)

Your relative’s record of arrests or convictions (if any)

"Green Card Self Petition" for battered women

The Violence Against Women Act (“VAWA”) allows the spouse of a United States Citizen (“USC”) or a Lawful Permanent Resident (“LPR”) to self-petition is she can prove that she has been subjected to physical abuse or extreme mental cruelty. The following are the basic requirements to obtain VAWA’s protection: A woman must: 1) have been married to a USC or a LPR; 2) have been married in good faith; 3) have lived with the spouse; 4) still be married to her husband; 5) be of good moral character; 6) show extreme hardship if she is forced to leave the United States; and 7) show that she has suffered physical abuse or extreme mental cruelty from her spouse.

A self-petitioner has the duty to prove, with sufficient evidence, all the minimum requirements. Of particular importance is the fact that she was the subject of physical abuse or mental cruelty. The Citizenship and Immigration Services Bureau (“CIS”) requires evidence generated at the time of the abuse. For that reason, the CIS give more credibility to evidence such as police reports or medical records. Affidavits created at the time of the filing of the petition of course have less credibility than records generated by a neutral third party at the time the abuse occurred.

Is the “Z Visa” the solution for undocumented workers?

The White House began circulating on March 29, 2007 what seems to be their proposal for undocumented workers currently living in the United States. According to published accounts, the President would ask all illegal immigrants to apply for a “Z Visa” and to pay a heavy fine to obtain legal status. To begin the process, a person is required to pay a fine of $3,500 to obtain a 3 year visa and would have to pay $2,000 to apply for a “Green Card” and $8,000 if the Legal Permanent Resident Card is finally approved. Also, the family head would have to leave the United States and come back under the “Z” provisions.

To maintain legal status, applicants would have to have a clean criminal record, work, pay taxes, know English and have a basic understanding of civics and how government works. “Z Visa” holders would not be able to sponsor family members to come and join them in the United States. We will see how Congress would take this initiative from the President, but at least there is an initiative after almost a year of talk and no action.

Immigration Consequence of a Criminal Conviction

This is a very brief summary of law regarding the consequences of a criminal conviction under the Immigration and Naturalization Act (“INA”). The INA allows certain non-citizens to live legally in the United States either temporarily or permanently. If a non-citizen takes some action that violates the conditions of legal residency, however, he or she becomes “removable”, that is, that he or she will be deported from the United States to his or her country of origin.

The law considers as reasons for deporting a non-citizen, among other, whether the person has committed a criminal act, has committed an immigration law violation, is a threat to national security or whether the immigrant would become a public charge.

INA sometimes allow removable non-citizens to obtain a relief from deportation. A removable person may be able to obtain certain “waivers” or pardons or may be able to obtain a “cancellation” of his or her removal or deportation. However, such waivers and/or cancellations are unavailable in certain cases and, in those cases that the remedy is available, it is within the discretion of the U.S. Department of Justice to grant a relief from deportation.