• A plan of action regarding how the center will focus on a particular geographic area
• How the center will accomplish the required economic growth in the chosen region
• Provide a “viable business model grounded in reasonable and credible estimates and assumptions for market conditions, project costs, and activity timeliness”
• Action plan of how jobs will be created from the business venture
• Provide the amount of capital invested in the project as well as the source
• Outline the promotional campaign of the business project

The Investment:

It is important to note that the government does not guarantee the investments made at a regional center and does not approve centers based on the investment risk. It is essential that any potential immigrant investor seek professional investment advise before choosing a regional center’s investment program. Different regional centers have different investment programs and it is important investigate which one is right for your money. An EB 5 visa attorney can assist in the choosing of a regional center, collection and filing of all documents and ensure the timeliness of your green card and permanent residency.

For a current list of EB 5 regional centers and their locations, please visit uscis.com.

Eliana Phelps is a California immigration attorney and a leading authority on the EB 5 visa process. For more information, please contact her at 909-393-4100 or at phelpsattorneys.com.

The new legislation would grant foreigners a US visa if:

• they can invest $100,000 from a sponsoring angel investor or $250,000 from a qualified venture capital firm
• 5 new jobs must be created within a 2 year time frame
• qualified business receiving the investment must raise or generate $1 million in revenue

EB5 Visa Help:

The Startup Visa Act of 2010 hopes to bring new companies to the US provided they can provide proof of funding from a US ‘angel’ investor or qualified venture capital firm. To better understand the process and paperwork involved, it is imperative to use an experienced EB5 attorney when dealing with a monetary investment of this magnitude. An EB5 attorney can assist you with the following:

• keep foreign investor up to date on any changes in the EB5 visa requirements
• assist in choosing which regional investment centers are best suited for your investment
• provide full disclosure on all requirements, fees, paperwork necessary, limitations and time frame
• ensure all paperwork is correct, complete and filed on time
• follow up with USCIS

To find out more about the new legislation, please visit the Startup Visa Act of 2010.

As with all immigrant visas, the application process is complicated with plenty of documentation required in order to be considered. An immigration attorney experienced in EB-5 visas can ensure proper filing of the multiple applications and speed up the process. Eliana Phelps is a California immigration attorney and a leading authority on the EB 5 visa process. For more information, please contact her at 909-393-4100 or at phelpsattorneys.com.

This report provides estimates of the unauthorized immigrant population residing in the United States as of January 2009 for periods of entry and leading countries of birth and states of residence.

Immigration Statistics Summary

DHS estimates that the unauthorized immigrant population living in the United States decreased to 10.8 million in January 2009 from 11.6 million in January 2008.

Between 2000 and 2009, the unauthorized population grew by 27 percent. Of all unauthorized immigrants living in the United States in 2009, 63 percent entered before 2000, and 62 percent were from Mexico.

Overall Trend

Between January 2008 and January 2009, the number of unauthorized immigrants living in the United States decreased seven percent from 11.6 million to 10.8 million (see Figure 1). Between 2000 and 2007, the unauthorized population grew by 3.3 million from 8.5 million to 11.8 million. The number of unauthorized residents declined by 1.0 million between 2007 and 2009, coincident with the U.S. economic downturn. The overall annual average increase in the unauthorized population during the 2000-2009 period was 250,000.

Read the full report here. (PDF 8 pages, 364kb)

They also accuse Kellar of being a member of the Santa Clarita Valley Independent Minutemen group — a staunch anti-illegal immigration organization whose members sometimes patrol the U.S.-Mexico border in an attempt to prevent illicit crossings. Kellar has denied being a member of the group, which helped organize the rally at which he spoke.

Bob Kellar (ex mayor, ex cop and veteran councilman) has said that he stands by his remarks, which he said were personal and have been misconstrued. He insisted that he abhors racism, and he has received zealous support from many Santa Clarita residents.

Full story on the LA Times site.

Not only does this type of visa allow easy access to permanent residency and a green card, the recipient is also not required to actively manage the business chosen for the investment. Investments can be made in a few different ways. The first is to invest at least $500,000 in a new business enterprise that is in a designated targeted employment area, which will also result in the creation of 10 full-time jobs for U.S. workers. The second is to invest in a qualifying troubled business that has been established for at least the past 2 years. The third is to invest a minimum of $500,000 in a Regional Center Pilot Program designated by USCIS. Please click on the link for a complete list of approved immigrant investor regional centers.

Benefits to the EB 5 visa:

• Direct eligibility for agreen card
• Possible permanent residency through a green card for the immigrant’s spouse and children under 21
• Ability to live and work anywhere in the United States
• Variety of EB 5 regional center qualifying programs to choose from

Limitations

• Application process could take 9 months to over a year
• Income tax applies based on your worldwide income and not just income in the U.S.
• Possible double taxation between the US and your country of origin
• Other limitations apply depending on which program you choose to invest

Application Process:

The first step in this 3 step process is to file form I-526 Petition for an Alien Entrepreneur with USCIS at the cost of $1435. Once approval has been given, the next step is to file an I-485 application requesting adjustment to permanent residency status, which has a fee of $930 plus a possible biometric fee. Upon approval of the I-485 form, applicants and their immediate family members (under age 21) are then granted conditional permanent residency status for a two year period.

The final step in the process must be completed 90 days prior to 2 year expiration date given on the conditional green card granted in the second step. Form I-829 Petition by an Entrepreneur to Remove Conditions removes the 2 year conditional period on the green card and a new one is issued without any further conditions. It allows the card holder to live and work anywhere in the U.S. permanently.

As with all immigrant visas, the application process is complicated with plenty of documentation required in order to be considered. An immigration attorney experienced in EB-5 visas can ensure proper filing of the multiple applications and speed up the process. Eliana Phelps is a California immigration attorney and a leading authority on the EB 5 visa process. For more information, please contact her at 909-393-4100 or at phelpsattorneys.com.

According to ICE, the nearly 300 arrested had a serious criminal record or criminally violent background. One third of those arrested have already been deported and the remainder are awaiting deportation processing. ICE defends its position on continued sweeps in the illegal immigrant community in an ongoing effort to improve public safety. However, skeptics question the validity that these sweeps are only targeting illegal criminals and not the entire illegal immigrant community.

Immigrant rights and advocacy groups criticize ICE for arresting all immigrants without legal documentation in these sweeps as opposed to only targeting those with a criminal background. The Immigrants’ Rights Project is skeptical of the claim that of the nearly 300 arrested, all had a serious criminal background. They criticize that previous sweeps have resulted in a large number of arrests without a criminal record.

It is absolutely crucial to consult an criminal immigration attorney before speaking to authorities as soon as representation is granted. An immigration attorney will be able to discuss your illegal status or legal status in violation of immigration laws and the chances you have to resolve your immigration situation. Speaking to authorities without any representation will further complicate and hinder any chances of a positive outcome.

With ICE sweeps continuing to increase, it is crucial that immigrants deal with their illegal status now before it is too late. The Law Offices of Eliana Phelps have been serving the community of Southern California for years, successfully helping immigration clients with a wide variety of complex issues. Our immigration law firm has represented clients in matters ranging from deportation defense to cancellation of removal to 212(c) relief to complex discretionary relief and appeals matters.

Attorney Eliana Phelps is an experienced criminal immigration attorney in California. Her law firm provides immigration services to national and international clients and has an outstanding success rate defending immigrant crime and deportation cases. See phelpsattorneys.com for more information.

(source: nytimes.com)

“An audit consists of ICE officials checking each worker’s Employee Eligibility Verification Form, known as an I-9, to determine what steps were taken to confirm the person was eligible to be hired. If irregularities are found, the companies may then be fined for lax monitoring.

The strategy is part of the Obama administration’s effort to reduce illegal immigration by forcing companies to fire unauthorized workers rather than by conducting raids at the workplace, actions that are often accompanied by great personal trauma, including deportation and the dividing of immigrant families.”

The knock-on effect of this initiative is that employers are firing illegal workers. Already American Apparel in LA fired 1800 workers after inconsistencies were detected in a similar audit in September 2009.

Full Story here

For those that are interested in participating in the DV-2011 Diversity Visa lottery, online registration is taking place October 2, 2009 (at noon, Eastern Standard Time) until Monday, November 30, 2009 (noon, EST). If you are interested in applying for the 2011 Green Card lottery, applicants must use Form DS-5501, which is an Electronic Diversity Visa Entry Form, available online only during this registration period.

As with all forms and applications required by the U.S. government, it is recommended that an immigration attorney be used in order to speed up the process and ensure accuracy when filing. Green Card lottery applications that are filled out incorrectly, inaccurately or incomplete, will not be accepted and thrown out. Accuracy is of the utmost importance since the registration period is only open until November 30, 2009.

What is the Green Card lottery?

A Green Card is a much sought after permit in the United States, which allows non-U.S. residents the legal right to work. The U.S. Congress mandated a program called the Diversity Immigrant Visa Program, which gives out 50,000 green cards annually. Winners are selected randomly from among those who have registered in the Diversity Visa Program during the open registration period. Eligible applicants must meet strict eligibility requirements and come from countries that normally have what the U.S. considers a low immigration rate to the United States. Examples of countries that are left out due to high immigration rates are:

• Canada and Mexico
• China Brazil, Peru and Colombia
• United Kingdom (Except for Northern Ireland)
• Philippines, Vietnam and South Korea
• Dominican Republic, Jamaica and Haiti
• India and Pakistan
• Ecuador, El Salvador and Guatemala
• Poland

There are several other qualifications that must be met in order to be eligible for the Green Card lottery. An immigration attorney can ensure that the requirements are met giving you an outstanding chance of winning a U.S. Green Card.

What are the eligibility requirements?

1. The victim/applicant must have endured physical or mental abuse from a qualifying criminal activity.
2. The victim/applicant is able to provide information regarding the particular criminal activity.
3. He/She must be helpful during the investigation or prosecution phase of the crime.
4. The crime must violate the laws of the United States.
5. The crime must have occurred in the U.S.

Examples of violations of U.S., state or local laws include but are not limited to: domestic violence, rape, sexual assault, sexual exploitation, prostitution, incest, torture, genital mutilation, abduction, kidnapping, involuntary servitude, blackmail, extortion, manslaughter and murder.

Can you work with a U visa?
Although the U visa is a non-immigrant status visa, the illegal immigrant applicant who has been awarded “deferred” status may apply for an Application for Employment Authorization. This authorization permit, if granted, will be reviewed on a yearly basis.

As with all applications submitted to USCIS, documentation must accompany any forms filed for a U visa. Proof, such as a letter certified by local, state or federal law enforcement, must be submitted along with any photos, medical records, personal testimony or other related evidence.

The application process can be tedious followed by a lengthy waiting period of sometimes up to a year. An experienced immigration attorney can ensure proper filing of the application and speed up the process. Eliana Phelps is a California immigration attorney and a leading authority on the U visa process. For more information, please contact her at phelpsattorneys.com.

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.

It is important to understand that even a simple traffic violation could be the beginning of a hard and very stressful battle to remain in the U.S. once 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 ICE while awaiting the issuance, service and filing of a Notice to Appear, which initiates the person’s removal from the United States. ICE is acting in connection with state and local officials to enforce the immigration laws and it is giving priority to cases that involve criminal behavior.

Domestic violence incidents, DUI, traffic violations and minor violations of the criminal code are no longer resolved as easily as in the past. One step in the State or County jail and in a matter of hours you have a hold preventing your release after state criminal proceedings end, leaving families with no choice but to avoid any type of confrontation with the police even as a victim.

Impact on Reported Crime
Unfortunately, the fear the Latino population is experiencing will result in hundreds of unreported crimes sometimes involving heinous crimes such as domestic violence, child and sexual abuse. This is due to the fear of being arrested by the immigration authorities and deported with limited options to remain in the United States. Additionally, because of the increase in actions that lead to deportation proceedings of illegal or permanent resident aliens and the few remedies, waivers or defenses that can be raised to prevent his removal, some cases end in deportation with no opportunity to ever re-enter.

It is absolutely crucial to consult an immigration attorney before speaking to authorities as soon as representation is granted. An immigration attorney will be able to discuss your illegal status or legal status in violation of immigration laws and the chances you have to resolve your immigration situation. Speaking to authorities without any representation will further complicate and hinder any chances of a positive outcome.