Friday, July 15, 2011

New results from DV 2012 Green Card Lottery to be released today July 15, 2011 at 12:00 M EST.

The results from the 2012 Diversity Visa Lottery will go online today at noon, 12:00 PM EDT. Please use your confirmation number from registration to check the results at:

http://www.dvlottery.state.gov​/

Friday, July 8, 2011

How to avoid most common mistakes many new immigrants make.

To avoid the most common mistakes when dealing with immigration matters follow these easy steps:

  • If you hire a lawyer, hire a licensed attorney and not an unauthorized “notario” or other unqualified “immigration consultant”. You should be aware that there are many people who pretend being lawyers or attorneys. They can charge you even more than a licensed lawyer would, saying that you got a bargain doing business with them. These people are committing fraud and unauthorized practice of law. A “notario” or “immigration consultant” is not a lawyer. A “notario” can only notarize documents, but cannot give you legal advice or help to complete any immigration forms or applications. The main reason for this is that notaries are not educated and not qualified as lawyers (with exception of those notaries who are also attorneys), and therefore are not authorized to provide legal advice or legal help. Oftentimes, they can hurt your situation beyond any help. Please be aware.
  • Mail everything to USCIS by Certified Mail with Return Receipt, or by FedEx or other private carriers where you can ensure that you have the guaranteed delivery. Don’t try to save money, but make sure that your application is delivered and was accepted by USCIS.
  • All foreigners living in USA (even permanent residents) must notify the USCIS / DHS of their address changes within 10 days. It’s advisable to do that either online at https://egov.uscis.gov or by Certified Mail by mailing the form AR-11 to an appropriate address. Please make sure you keep all the receipts and confirmations of the address change online.
  • Keep a copy of everything you mail to the USCIS. If you have a lawyer, they should keep a copy of everything submitted. Many lawyers give you copies of the applications and petitions submitted, and copies of the most pertinent documents mailed to USCIS.
  • Take the time to organize your immigration papers and put them in a safe place (e.g. safe deposit box or a relative’s house) where you will be able to find them in a few years if needed. If USCIS says that you never sent them something, you will be able to prove that you did. Also, any future lawyers you might hire will want to see what was filed and done with your case in the past. Your notices from the USCIS will have code numbers on them which are very handy in checking the status of your case.
  • You are required by law to carry your green card or non-immigrant visa and I-94 card with you. Make copies of these important documents and keep them at a safe place. Memorize or write down you A number (Alien Registration Number) and your SSN (Social Security Number). Keep the copies of the “green card” in a safe place in case you lose the card, it’ll make it easier to renew it.
  • Do not carry your Social Security Card with you. It’s not required by law. Memorize the number, and keep the card in the safe place. You might need to replace the card if you marry and change your name, or become a lawful permanent resident, or US citizen in the future.
  • Keep Proof of all payments made to USCIS. Be sure to keep your money order stub, or copies of the checks or other proof of payment with your other immigration documents.
  • Write Your Name and Alien Registration Number (A#) on Everything You Send to USCIS (letters, forms, applications).
  • If you live and work in the United States, you shall pay your taxes, even if you are currently out of status or illegally in the country or don't have a social security number. You can apply for a taxpayer identification number (TIN) for yourself and your spouse and children, if they don’t have SSN, so you can file your tax returns and list them as your dependents. In the future if you find a way to apply for a green card or adjust your status the government will ask to see your tax returns.
  • Never drink and drive; don’t do or deal in drugs; don’t get arrested; don’t commit crimes. These simple rules apply to every foreign national in the USA, even those who are permanent residents (“green card holders”) because even a permanent resident can be deported and lose his or her status (green card).
  • Finally, remember, when you sponsor someone for permanent residency in the USA and sign the Affidavit of Support, form I-864, this is a legal and enforceable contract, and your obligations of support can continue even after divorce.

Wednesday, July 6, 2011

DHS published its 2010 Annual Report of Immigration Enforcement.

In June 2011, the Department of Homeland Security released its 2010 Annual Report of Immigration Enforcement Actions recently. Dep’t of Homeland Security, Immigration Enforcement Actions: 2010 Annual Report (June 2011). (http://www.dhs.gov/xlibrary/assets/statistics/publications/enforcement-ar-2010.pdf )

The federal government removed 387,242 people in 2010, a two percent drop from 2009.

The report identifies 'dangerous drugs', 'immigration', and 'criminal traffic offenses' as the leading types of crimes for which removed individuals had been convicted.

This does not necessarily mean that these individuals were removed as a result of these convictions. DHS defines anyone who has been convicted of a crime as a "criminal alien" whether or not that conviction led to removal. (Dep’t of Homeland Security, Immigration Enforcement Actions: 2010 Annual Report at 1 n.3).

DHS reported that ICE detained 363,064 aliens during 2010. The leading countries of origin of those removed were Mexico (73 percent), Guatemala
(8 percent), Honduras (6 percent), and El Salvador
(5 percent).

In 2010, 476,405 aliens were allowed to return to their
home countries without an order of removal. Eighty-one percent of returns in 2010 involved Mexican or Canadian aliens.

See the report at http://www.dhs.gov/xlibrary/assets/statistics/publications/enforcement-ar-2010.pdf


Saturday, June 25, 2011

Controversy surrounds new Memo from ICE Director John Morton


On June 17, 2011 the ICE Director John Morton signed a new memo on exercise of prosecutorial discretion in arrests and removal of illegal aliens. Full text of the memo is here:

http://www.iceunion.org/download/283-284-mortons-prosecutorial-discretion-memo.pdf

However, on June 11, 2010, ICE Union leaders around the nation issued a unanimous no confidence vote in ICE Director John Morton on behalf of ICE officers, agents and employees nationwide citing gross mismanagement within the Agency as well as efforts within ICE to create backdoor
amnesty through agency policy.  The press release is here:

http://www.iceunion.org/download/286-287-press-release-pd-memo.pdf

Friday, May 20, 2011

EB-5 Immigrant Investor: significant changes proposed


USCIS Proposes Significant Enhancements to EB-5 Immigrant Investor Visa Processing.

released May 19, 2011
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century.
The EB-5 Program makes 10,000 visas available annually to immigrant investors who invest in commercial enterprises that create at least 10 U.S. jobs. EB-5 investors may petition independently or as part of a USCIS-designated Regional Center.
“Congress created the EB-5 Program in 1990 to attract investors and entrepreneurs from around the globe to create jobs in America,” said USCIS Director Alejandro Mayorkas. “We are dedicated to enhancing this program to ensure that it achieves that goal to the fullest extent possible.”
USCIS is proposing three fundamental changes to the way it processes EB-5 Regional Center filings.

1.) First, USCIS proposes to accelerate its processing of applications for job-creating projects that are fully developed and ready to be implemented. USCIS will also give these EB-5 applicants and petitioners the option to request Premium Processing Service, which guarantees processing within 15 calendar days for an additional fee.
2.) Second, USCIS proposes the creation of new specialized intake teams with expertise in economic analysis and the EB-5 Program requirements. EB-5 Regional Center applicants will be able to communicate directly with the specialized intake teams via e-mail to streamline the resolution of issues and quickly address questions or needs related to their applications.
3.) Third, USCIS proposes to convene an expert Decision Board to render decisions regarding EB-5 Regional Center applications. The Decision Board will be composed of an economist and adjudicators and will be supported by legal counsel.
This proposal will be online until June 17, 2011, for public comment.
For more information on USCIS and its programs, please visit www.uscis.gov