Visa Lawyer Blog

Illegal immigrants - more likely to pay their mortgages

Sun, 12 Oct 2008 23:23:47 -0800

Home loans held by illegal immigrants in California and across the nation generally have had fewer delinquencies than similar loans held by U.S. citizens, in part because of stricter lending requirements, according to banks, insurers and Realtors.

More than 12,000 home loans were issued in recent years through a special program that relies on government-issued taxpayer identification numbers instead of Social Security numbers, according to the association. The identification numbers, known as ITINs, were designed for foreign-born residents living legally in the U.S. but are widely acknowledged to be used primarily by illegal immigrants.

Many of the mortgages nationwide came out of a partnership between Citibank and Acorn Housing, a nonprofit group that helps the poor. Citibank said the taxpayer identification loans have some of the lowest delinquency rates among all affordable-lending programs.

Read more here...

San Diego Immigration Attorney- Baseball star held by immigration authorities

Fri, 10 Oct 2008 21:10:15 -0800

Exciting news to report from our border crossing here in San Diego. Jose Canseco was held for nearly 10 hours by immigration authorities after agents said they stopped the former baseball star with a fertility drug as he returned from Mexico.

Canceco was detained at San Diego's San Ysidro border crossing Thursday after agents searched his vehicle and said they found human chorionic gonadotropin, which is illegal without a prescription. A spokeswoman for U.S. Immigration and Customs Enforcement, Virginia Kice, said Canseco was ordered to appear in federal court in San Diego "related to an alleged smuggling violation".

H1B Visa Lawyer - Tips on Filing H-1Bs Not Subject to the Cap

Thu, 09 Oct 2008 22:34:13 -0800

To ensure that the mailroom does not erroneously reject your non-subject H-1B, make sure the cover letter emphasizes in Bold, 14 point font, colors, etc., that the petition is NOT subject to the cap. Make clear why the petition is not subject to the cap, and state it as simply as possible. In addition, double check that the correct H-1B petition type is indicated on the certified LCA and all accompanying documentation (be consistent!).

Also, remember that when filing H-1B extensions for the same employer, the $500 fraud prevention fee does not need to be paid. Make sure to highlight this in your cover letter to avoid rejections. Provide proof of the prior H-1B petition approved on the beneficiary's behalf by the same petitioner, highlight the petitioner and beneficiaries' names, highlight the instructions to the form I-129, indicating that such fee is not required, and provide a statement (in bold) stating why the $500 fee does not apply. Taking such steps will definitely minimize the chances of such filing being rejected.

San Diego Deportation Lawyer - 300 illegal immigrants caught in raid

Tue, 07 Oct 2008 17:13:17 -0800

It seems that the prediction of more and more enforcement before the elections is true. Federal agents swept through a chicken processing plant today, detaining more than 300 suspected illegal immigrants, sending panicked workers running and screaming through the hallways. Worried relatives collected outside, fearful their loved ones would be deported.

It is a clear message sent by the government - if you are hiring illegals, we will raid you and make sure the rest of the world will know about it. Employers desperate for workers, will find it more and more difficult to hire legally. Those that will hire illegally will pay the price. It is time for our immigration system to change.

Read the full raid story here

Death of Detained Immigrant Inspires Online Video Game

Mon, 06 Oct 2008 21:55:36 -0800

The death last year of Boubacar Bah, a Guinean tailor held in a New Jersey jail for overstaying his visa, showed immigration detention to be one of the most secretive corners of American life. But now Mr. Bah’s story is being retold in an unusually public way: in an online video game.

The game — created by Breakthrough, an international human rights organization in New York that is trying to get the public behind efforts to strengthen oversight, due process and medical help in immigration detention

Read More here

San Diego Immigration Deportation Lawyer - Immigration lockup investigated

Fri, 03 Oct 2008 16:08:47 -0800

Due to limited resources the government is using private contractors to secure and run immigration jails. The abuse and terrible conditions in these jails is beyond unreasonable. Many detainees from California are being sent to Arizona and Washington state jails for lack of detention space. Federal authorities are taking a second look at security guards at the Northwest Detention Center, a privately run immigration lockup in Tacoma, after finding that some were hired without preliminary background checks, The Associated Press has learned.

"Clearly this is a cause for concern," said Virginia Kice, a spokeswoman for U.S. Immigration and Customs Enforcement.

Hospitality Immigration Lawyer - Restaurateur raises a voice about immigration reform

Thu, 02 Oct 2008 12:43:06 -0800

As a lawyer focusing on hospitality immigration, I often educate my clients on immigration issues relating to this industry. The number one concern from most employers is how to hire much needed hospitality workers legally. The often feel that the government is ignoring their needs. I came across this interesting article about a restaurant owner from San Antonio not afraid to raise his voice.

Louis Barrios says that his biggest fear as an employer, a small businessman and an American is that Congress will continue to avoid dealing with immigration reform. Any society with an aging population like ours that doesn't have a steady stream of immigrant labor is in trouble, he said. By 2016, according to the U.S. Bureau of Labor Statistics, the number of workers between the ages of 16 and 24 will decline, while the number between 25 and 54 will rise only slightly.

That means the only significant growth in the American labor pool over the next eight years will be among those 55 and older. Unless Washington, D.C., expects 60-year-olds to pick crops, wash dishes in restaurants and pound nails in the construction industry, something has to give.

I wish more hospitality employers will become more pro active about immigration and will start calling on their representatives, supporting immigration reform.

Click for the article here

International Adoptions Attorney - USCIS Releases Hague Intercountry Adoption FAQs

Thu, 02 Oct 2008 12:22:33 -0800

The process of International Adoptions has become more complex since the passage of Hague Intercountry Adoption regulations. USCIS released questions related to the new Hague intercountry
adoption process and the orphan adoption process since the implementation of the Hague Adoption Convention on April 1, 2008.

We link to the questions below.

Anti Immigration groups and Obama 2008

Wed, 01 Oct 2008 20:55:01 -0800

Here is an interesting video one of my readers emailed me yesterday. This is another example how anti immigrants across the country are trying to show that under Obama administration all hell will break loose as it relates to immigration.

J1 Visa Lawyer - New J-1 Program for Korean Students

Tue, 30 Sep 2008 20:46:10 -0800

Recently, the DOS announced that it has signed a Memorandum of Understanding ("MOU") with Korea regarding the WEST (Work, English Study, Travel) Program. The exchange program, to be launched in 2009, will allow up to 5,000 university students and recent graduates from the to enter the U.S. for a period of 18 months on J-1 exchange visitor visas.

The WEST program is an innovative exchange program that will allow up to 5,000 qualifying university students and recent university graduates from the Republic of Korea to enter the United States for a period of 18 months on J-1 exchange visitor visas that will allow them to study English, participate in internships, and travel independently. Participants will devote at least 450 classroom hours to structured English language training and coursework focusing on American business practices and business procedures, U.S. corporate culture, and general office management issues.

Read more here

US Computer workers sue over OPT Student Visa Extension

Sun, 28 Sep 2008 22:57:05 -0800

It seems that the current H1B visa shortage is not enough for the anti immigration groups. Critics of the H-1B program have long argued that it has created unfair competition for jobs in America. A recent lawsuit claims that the administration's extension of the time that foreign nationals who graduate from U.S. colleges with science or technology degrees can work on their student visas from one year to 29 months is unfair and illegal. They challenged this in court.But U.S. District Judge Faith Hochberg, who is hearing the case in New Jersey, is pushing back.

The student-visa extension is intended to take some of the pressure off of the annual H-1B cap. Demand for H-1B visas greatly exceeds the total of 65,000 visas that are available each year. The plaintiffs argued that increasing the number of job seekers in the same fields as plaintiffs will limit the opportunities open to U.S. tech workers. We will let the court decide.

Read the ComputerWorld article here

San Diego Immigration Attorney - 5 Years For Posing As Immigration Official

Fri, 26 Sep 2008 14:17:57 -0800

As we are coming close to the elections, with talk of a possible immigration reform, scams targeting immigrants will be on the rise. The latest is from my own city, San Diego. A Chula Vista man who posed as an immigration official, telling people he could quickly process their citizenship papers for a fee, was sentenced Friday to five years in state prison. He got lucky, people like that must be sentenced to longer jail time and be forced to pay back the fees.

If you were a victim of this scam, please let me know.

San Diego Immigration Lawyer - How to solve EAD card delays?

Wed, 24 Sep 2008 14:30:30 -0800

How many times in the past few months HAVE i been getting calls from clients tired of waiting for their employment authorization cards (EAD)? If I could get a penny for each call, I could retire tomorrow. Seriously, USCIS caused major delays in the processing of such work permits, and by doing so caused hardship to all the pending immigrants wishing to start working.

Pursuant to 8 CFR § 274a.13, USCIS must adjudicate EAD applications within 90 days from the date of USCIS receipt of the application.

The CIS Ombudsman has been receiving numerous inquiries from customers about EAD applications pending more than 90 days. Click on this link and see what the USCIS can offer to make things right. I can only hope it will help.

Stupid Bill of the Month - We have a winner!!!

Tue, 23 Sep 2008 14:47:21 -0800

Jim Harper reports on the latest new Bills from Congress. A new stupid new bill introduced this week. H.R. 6975 would require aliens to attest that they will not advocate installing a Sharia law system in the United States as a condition of their admission to our country. What can we expect next, attesting to not having met any Muslims in the past 10 years of your life?

Read the article here

San Diego Immigration Attorney - Gross political-historical revisionism on Immigration

Mon, 22 Sep 2008 22:17:56 -0800

As the political debates between both candidates heat up, so does the vision on the core issues. A recent excellent article by Prof. Wayne A. Cornelius, touches on a very important point relating to the immigration debate. The McCain-Palin campaign has embarked on an effort to court Latino voters by trashing Barack Obama's record on immigration reform.

Prof. Cornelius points out:

Beginning with his speeches to La Raza and other Latino groups last summer, McCain has also been trying to diminish Obama's role in the crafting of comprehensive immigration reform. That's another serious distortion of the record. Obama largely drafted the crucial Title III (work-site enforcement) section of the 2006 bill, which was the foundation for the same component of the 2007 comprehensive immigration reform bill.
As someone who has studied the twists and turns of immigration reform for nearly four decades, there is no question in my mind about which presidential candidate in 2008 is most strongly committed to immigration reform, and which is most likely to deliver on it during his first term.