Immigration Blog

Key senators have announced an agreement on a comprehensive immigration reform plan that fundamentally restructures the way immigration works in the U.S.  THIS  PLAN HAS NOT BECOME LAW.  It must be passed by the full Senate, reconciled with an immigration bill in the House of Representatives, and be signed by the President before a new law comes into effect.  Many of its provisions will be further delayed by "triggers" that require border security progress before they become effective.  The biggest items:  1) a shift away from a family-based system to a points-based system that focuses on education and skill level.  Under the plan, family categories are eliminated:  no brothers or sisters, no children over age 21, no married children.  Parents of citizens are no longer immediate relatives but are placed under a 40,000/year quota.  Eliminated visa numbers would be re-allocated to persons with sufficient points based on their education and skill levels.  This would have a major impact on the demographics of U.S. immigration, eliminating most applicants from developing countries who don't have access to education.  2) A legalization plan for the undocumented population (those who arrived prior to January 1, 2007) with fees/fines upwards of $5,000.  These persons would have a legal status, but permanent residency would likely take 8+ years.  3) A temporary worker program for new workers that would have no path for permanent residence.  More details as the text of the bill is made public, but one initial observation:  If you have any family members who you would ever like to bring to the U.S., you should consider filing for them very soon.  A planned increase in immigration fees this summer is another reason to file quickly.  An initial consultation can give you guidance on your particular situation in light of these potential changes.  Stay tuned!

 

H.1645, the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007 was introduced in the House of Representatives yesterday by Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ).  The STRIVE Act is a nearly 700-page comprehensive immigration bill that addresses many aspects of the immigration issue, including border security, visa backlogs, treatment of the undocumented.  It represents the beginning of the immigration debate in the new Congress and, due to the upcoming presidential election, probably represents the best hope for immigration reform in the near future.  In a conference call this morning, Rep. Gutierrez indicated that he felt there was a 90 day window in which to get his bill passed.  Details about the bill will follow, but the short time window means that advocates of immigration reform must immediately begin to take action in support of the bill.  Stay tuned for more information.

 

One of the recently-enacted provisions of the Adam Walsh Child Protection and Safety Act has had a serious and probably unintended impact on the immigration process.  The intended immigration impact was to prevent U.S. citizens who had been convicted of certain crimes against minors (e.g., kidnapping, sexual crimes, child pornography, etc.) from filing family-based immigration petitions.  This law represents the first time that the U.S. government investigates a U.S. citizen relative to determine whether or not a visa can be obtained for the foreign national family member.  The unintended consequence of the law resulted from the Department of State's inability to conduct the necessary criminal background checks at U.S. embassies and consulates abroad.  As a result, all immigrant relative petitions must now be processed by U.S. Citizenship & Immigration Service offices.  This means that the option of filing an alien relative petition directly with the U.S. embassy and getting a relatively quick decision is no longer available.  All alien relative petitions must now be forwarded to USCIS and the influx of new petitions is likely to further slow the agency's processing times.

 

2007 may be the year that comprehensive immigration reform finally succeeds.  President Bush again called for comprehensive changes in his State of the Union address last night and, ironically, he found a more receptive audience among the Democratic listeners than his Republican ones.  With the new Democratic majority, comprehensive immigration reform may have a real chance at success.  Senate Democrats have already introduced a "placeholder" immigration bill--essentially a bill without content but that places the topic on the agenda.  The wheels are beginning to turn.  Stay tuned.

 

The two-month 2008 Diversity Visa Lottery registration ended on December 3, 2006, and the U.S. Department of State reports that 6.4 million people applied for the approximately 55,000 available immigrant visas.  Winners will be randomly selected by computer under the geographic quotas that regulate the lottery.  The Diversity Visa Lottery is an annual event designed to increase the diversity of immigrants to the United States.  This year applicants from Africa (41%) and Asia (38%) represented the largest number of registrations.  Winners will be notified between April and June 2007 with a letter from the State Department's Kentucky Consular Center.

 

On Tuesday U.S. Immigration and Customs Enforcement agents arrested nearly 1,300 meat processing workers who were employed by Swift & Company facilities in six different states.  ICE targeted Swift & Company after becoming aware of an alleged "identity theft scheme" among Swift & Company workers that provided fraudulent social security numbers.  The arrests have basically halted operations at the meat-packing plants.

 

The lame-duck Republican Congress did not completely ignore immigration in its last days.  Congress passed measures to 1) extend a program that offers 500 non-immigrant visas for nurses working in medically unserved areas, 2) extend a program that placed American-trained foreign physicians in medically unserved areas, and 3) broaden the categories of athletes elible for the non-immigrant performer (P) visa.  Congress was not so positive on employment issues such as raising the H-1B and employment-based immigrant visa quotas, failing to address these items altogether.  Much remains to be achieved in 2007.  We'll soon see if the new Democratic leadership is up to the task.

 

The unauthorized practice of law has long been a problem in the area of immigration, but it is a problem that is beginning to receive greater attention by the state of Tennessee.  Because much of immigration is form-based (though the forms alone are rarely adequate!), many people mistakenly think that preparing and submitting immigration forms does not encroach upon the practice of law.  Tennessee state law defines the "practice of law" as "the appearance as an adovcate in a representative capacity OR the drawing of papers, pleadings, or documents in connection with proceedings pending or prospective before any court, ... OR ANY body, board, committee, or commission constituted by law..." (emphases added).  Violations concerning the unauthorized practice of law are punishable by fines up to $10,000 per violation, as well as attorney's fees and costs.  Such lawsuits can be brought by both the state attorney general and by private citizens.  The purpose of unauthorized practice of law statutes is the protection of the public against inappropriate advice, defective paperwork, and the loss of legal rights resulting from unqualified advocates.  If you have been the victim of unauthorized practice of law or know of its existence, you can report such activities either to the local bar association or directly to the state attorney general's office.

 

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