Immigration Resources
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by lauraj on Mar.11, 2010, under Deportation, Law and Policy
Although there is no formal requirement to have your passport and visa checked when leaving the U.S. on an international flight, that does not mean ICE (Immigration and Customs Enforcement) or CBP (Customs and Border Protection) isn’t there waiting to catch visa violators. Immigration authorities have already used tactics such as court arrests and subsequent deportation for immigrants just about to walk into court to plead their case before a judge. Now, they have set their sights on airport boarding ramps.
by lauraj on Sep.11, 2009, under Deportation
Even as a victim of a crime or traffic violation, an immigrant can be arrested, detained and possibly deported when law enforcement is involved.
The fastest way to inform the Immigration and Customs Enforcement Agency (ICE) of your illegal immigrant status or your past/present violation of the immigration laws is to interact with police, prosecutors or jail personnel without proper legal representation.
by lauraj on Aug.18, 2009, under Deportation, Global Entry
Global Entry, the U.S. Customs and Border Protection (CBP) agency’s biometric screening initiative, expands to 13 new airports.
Through Global Entry, travelers that are pre-approved and considered low-risk are able to expedite their customs process when arriving in the United States. The Department of Homeland Security (DHS) Secretary Janet Napolitano explains, “Global Entry expedites the customs and security process for trusted air travelers while helping DHS ensure the safety of all airline passengers. Expanding this vital program allows us to improve customer service at airports and concentrate our resources on higher-risk travelers.”
by elianaphelps on Aug.12, 2009, under Deportation, Law and Policy
Even as a victim of a crime or traffic violation, an immigrant can be arrested, detained and possibly deported when law enforcement is involved.
The fastest way to inform the Immigration and Customs Enforcement Agency (ICE) of your illegal immigrant status or your past/present violation of the immigration laws is to interact with police, prosecutors or jail personnel without legal representation.
A simple traffic violation will be the beginning of a hard and very stressful battle to remain in the U.S. when ICE is notified of the nationality of the violator. In a matter of minutes, the traffic violator is questioned, arrested and held in the custody of the Immigration and Customs Enforcement Agency while awaiting the issuance, service and filing of a Notice to Appear, which initiates the person’s removal from the United States.
by lauraj on Aug.01, 2009, under Asylum, Deportation, Law and Policy
What is asylum and who qualifies?
Asylum was created for those individuals already residing in the U.S. who need protection from persecution in their home country due to their race, religion, nationality or political views. The asylum program also applies to individuals that are seeking asylum at a port of entry to the United States who can prove that they have just cause. Asylum is applicable to any individual regardless of their home country or their immigration status. Even if an immigrant has entered the U.S. illegally, they are still eligible to apply for asylum and present their case. The asylum process can be complex and time consuming; therefore, it is essential to have an immigration attorney that is experienced and knowledgeable with asylum policies and procedures.
by lauraj on Jul.31, 2009, under Deportation, E-Verify, Immigration Law Reform, Law and Policy
What has caused the drastic decline in illegal immigration from Mexico?
In the past year, the number of illegal immigrants crossing the border into the U.S. has reached the lowest level of the past ten years. With the tough economic environment continuing in the U.S., it comes as no surprise to see that fewer immigrants are taking the risk of illegally crossing the border into the U.S. in order to find work. The Bureau of Labor Statistics (BLS) placed the unemployment rate for June at 9.5 percent or 14.7 million unemployed people with the prediction of ending the year at an estimated 10.5 percent. Many of the sectors that have been hardest hit tend to employ a large percentage of undocumented workers such as construction and landscaping.
by lauraj on Jul.01, 2009, under Deportation, Law and Policy
ICE arrests 65 gang members in San Diego as a push in their anti-gang effort continues.
A week long operation conducted by ICE (Immigration and Customs Enforcement), along with other state and local agencies, arrested 65 gang members and associates all of whom are now facing criminal charges or deportation. Five cities were the target of ICE’s National Gang Unit called “Operation Community Shield” which included San Marcos, Vista, Escondido, Poway and San Diego. Special agent in charge of ICE’s San Diego Office of Investigations Miguel Unzueta said, “Our ongoing joint enforcement efforts have substantially weakened several of the transnational gangs operating in this area.”
According to ICE, of those arrested 39 were considered violent street gang members and 14 are facing felony criminal charges for re-entry after already being deported. Operation Community Shield is a coordinated effort between ICE and other customs and immigration agencies as well as state and local law enforcement which work together in an effort to target criminal street gangs.
(source: ice.gov)
by elianaphelps on Jun.24, 2009, under Deportation
Summary
New court ruling means widows and widowers remain legal if their spouse dies during status adjustment or petition process.
First Circuit Court of Appeals Ruling
Justice was finally served and a big battle has been won after the First Circuit Court of Appeals ruling in Nean Chea Taing v Janeth Napolitano, a decision handed down on May 20, 2009. There is hope for thousands of widows and widowers who have been deprived of their immigration right to preserve their status as an immediate relative after the death of a United States spouse, while the petition for ‘alien relative‘ and ‘adjustment of status‘ application is pending.
The Issue:
The First Circuit Court of Appeals was confronted with the issue of whether an alien immigrant spouse of a still pending application for alien Relative and Adjustment of Status to that of a permanent resident continues despite the death of their U.S. citizen spouse. Until today, there has been a dispute as to the viability of retaining the classification of immediate relative status for purposes of obtaining an immigrant visa (legal permanent resident status) in the event that the petitioner, the U.S. Citizen, died during the period of time the application is still pending with the USCIS. It has been the USCIS position that the petitioner must survive the application process and that his/her death during that time terminates the right of the beneficiary to be classified as an immediate relative, and therefore, ineligible to change his/her status to that of a permanent resident.
Court’s Task and Ruling:
The court’s first task was to determine whether the reference “Spouses” as stated in the first sentence of the statutory provision in question includes “surviving spouses” of a United States Citizen. Next, the Court proceeded to narrow the class of aliens allowed to continue being considered “immediate relatives” for purposes of adjusting their status to that of a permanent resident after the death of the petitioner’s US citizen spouse. The court determined that in order for an alien to continue to be considered an immediate relative after the death of his/her US citizen spouse, the deceased US citizen petitioner must have filed an I-130 petition for alien relative previous to his death. The fact that the petitioner dies shortly after the petition was filed is irrelevant. If the US citizen petitioner dies before filing a petition for an alien relative, the surviving beneficiary spouse must have been married to the deceased American citizen for a period not less than 2 years and must file a self-petition (I-130) no later than 2 years after the death of his/her deceased US citizen spouse.
It is expected that the other circuits will join in this ruling.
by lauraj on Jun.22, 2009, under Deportation
U.S. born children of illegal immigrants are demanding attention and a say in the current immigration debate. They have come together in a joint effort to sue the Obama Administration over their parents’ deportations. Nora Sandigo, the head of the Miami nonprofit American Fraternity, filed the lawsuit in January and is awaiting the hearing in August. Sandigo said in a statement, “Today these children’s voices are not heard, but tomorrow these U.S. citizens will be voting.”
Sandigo will be fighting an uphill battle with immigration laws and policies already concluding the deportation fate of the parents. According to Mark Krikorian, executive director of the Center for Immigration Studies, the plight of their children are not reason enough to prevent a deportation from taking place. Immigrant advocates are undeterred and determined to keep this issue at the forefront of the immigration debate, reminding the Obama Administration that entire families are being pulled apart and reform is desperately needed.
(source: newsday.com)
by lauraj on Jun.16, 2009, under Deportation
ICE (Immigration and Customs Enforcement) agents conducted sweeping immigration raids throughout Orange County resulting in 175 arrests. According to ICE, the objective of the raids were to target ‘criminal aliens‘ or ‘alien fugitives‘ who are in the country illegally and have committed other crimes. The arrests included a man wanted for murder, a child molester and 26 aliens who ignored deportation orders. Of the 175 arrested, 100 had already been deported once only to return.
This crackdown comes at a time when California is dealing with a government on the verge of bankruptcy due to its compounding budget crisis. The state has long since grappled with trying to provide social services for an exploding population of more than 37 million. An estimated 3 million of its residents are illegal immigrants. However, according to ICE, these raids are part of a greater program focusing on improving the system of identifying and removing fugitive aliens from the United States.
For more information on illegal immigrant statistics for California, please visit the ppic.com.
(source: reuters.com)