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- IMMIGRATION NEWS
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- DON’T GET SCAMMED!
What You Need to Know About Recent DHS Announcements
In August, the Department of Homeland Security (DHS) announced that it would be reviewing all cases pending in immigration court and temporarily closing low priority cases. In November, it announced that it had begun the case review process and issued three documents explaining the review: Memo on Case Review Process; Guidance to ICE Attorneys; and ICE Next Steps. For more information, visit www.aila.org/pd. This case review is NOT an amnesty and it is NOT about giving people work permits or legal status. You should:
- NOT turn yourself into the immigration authorities because of these announcements.
- Do NOT believe anyone who tells you they can get you a work permit (Employment Authorization Document or “EAD”) or legal status based on this case review process! Anyone who says this or makes other guarantees is not to be trusted!
- There is NO “safe” way to turn yourself in to immigration and there is NO guarantee that your case will be considered “low priority.” ANY person who comes into contact with immigration authorities may be arrested, detained or even removed.
- Only a QUALIFIED IMMIGRATION LAWYER can evaluate your case and tell you about your rights.
- Do NOT seek legal advice from a notario or immigration consultant.
- For more information about avoiding immigration scams, visit www.StopNotarioFraud.org.
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Promoting Job Creation and Economic Development in American Communities.
WASHINGTON, DC - The American Immigration Lawyers Association (AILA) applauds Senator Leahy and the Senate Judiciary Committee for conducting the hearing, "Reauthorizing the EB-5 Regional Center Program: Promoting Job Creation and Economic Development in American Communities."
"Each EB-5 visa that gets approved is guaranteed to create jobs in a rural or high unemployment area in the U.S. It makes perfect sense for the country right now and it's good to see that Senator Leahy is promoting it," said AILA President Eleanor Pelta.
The EB-5 Regional Center pilot program, established in 1992, is scheduled to sunset on September 30, 2012. This important visa program provides conditional green cards to immigrant investors who invest their funds into projects that will create jobs for U.S. workers in areas of especially high unemployment. Administration and USCIS interest in the EB-5 program in general, and their recent initiatives to improve and streamline processing, underscore the program's obvious potential as a driver of economic growth and job creation.
The regional center program creates the incentives to attract foreign investors which in turn will help spur the U.S. economy. "The sooner Congress enacts a permanent reauthorization, the sooner uncertainty will be taken out of the equation for investors. Uncertainty undercuts any investment opportunity; speedy enactment of a permanent reauthorization will cement the EB-5 Regional Center program as an important vehicle to return to economic prosperity," said Pelta.
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USCIS Announces 58 Countries Whose Nationals are Eligible for H-2A and H-2B Participation
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 58 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. The notice listing eligible countries will publish in tomorrow’s Federal Register. Each country’s designation is valid for one year from the date of publication.
The H-2A and H-2B programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs and temporary nonagricultural jobs, respectively. USCIS generally may only approve H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.
Effective Jan. 18, 2012, nationals of the following 58 countries are eligible to participate in the H-2A and
H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu.
In addition to the 53 countries currently on the list, the following five countries were designated for the first time this year: Haiti, Iceland, Montenegro, Spain and Switzerland.
This new list does not immediately affect the status of beneficiaries who are currently in the United States in H-2A or H-2B status, unless they apply to change or extend their status.
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«Immigrant communities are at risk for poor or fraudulent representation»
WASHINGTON, DC – A new report authored and released today by the Steering Committee of The New York Immigrant Representation Study, an initiative launched by Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit, found that because there is no right to appointed counsel in immigration court, many immigrants represent themselves in removal proceedings with unsuccessful outcomes. For example, 74% of non-detained individuals with representation have successful outcomes, while only 13% of non-detained individuals without counsel are successful.
The report also found that, for immigrants who did have legal representation in immigration court between mid-2010 and mid-2011, 33% received “inadequate” legal assistance and 14% received “grossly inadequate” representation. Judge Katzmann told The New York Times that he blames predatory lawyers who are not familiar with immigration law for much of the poor representation.
The American Immigration Lawyers Association (AILA) recognizes the problem of inadequate representation for immigrants. “In their daily practice, our members often have to help our clients deal with the consequences of having gone to court without representation or with inadequate representation,” said AILA President Eleanor Pelta.
“Immigration law is complex and ever changing. It can be a mine field for lawyers who don’t specialize in this field and unfortunately the client is the ultimate loser. Immigrant clients are particularly vulnerable because they often do not speak English and are unfamiliar with how the American legal system works,” added Pelta.
“Immigrant communities are at risk for poor or fraudulent representation. AILA focuses its efforts on advancing the quality of immigration law practice, enhancing the professional development of its members while educating the public about obtaining proper representation and avoiding those who engage in the unauthorized practice of law,” Pelta concluded.
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- ABOUT CHANGES TO THE RULES REGARDING THE 3 AND 10 YEAR BARS:
Washington D.C. - U.S. Citizenship and Immigration Services (USCIS) announced a proposal to streamline the application process for the spouses and children of U.S. citizens currently eligible for legal permanent resident status, minimizing the amount of time that applicants would have to be separated from their families. Under current procedures, thousands of persons who qualify for legal status must leave the U.S. to obtain their permanent resident status, but as soon as they leave, they are immediately barred from re-entering for 3 or 10 years if they have been unlawfully present in the U.S. for more than 180 days. Many are eligible for a family unity waiver, but under current rules (not law), the waiver can only be applied for from overseas. Because that process can often take many months and even years, it is believed that many otherwise eligible applicants do not apply for legal permanent resident status, remaining unauthorized in the U.S. rather than risk lengthy separation from their families.
For more information, please feel free to contact us at:
Bibicheff & Associates, P.C.
2568 86th Street, 2nd Fl.
Brooklyn, NY 11214
Tel.: 1 (718) 232 - 3625
Fax: 1 (718) 232 - 4943
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Disclaimer: The information contained on this website is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.
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