Florida Immigration Law Blog

USCIS Announces Intent to Implement Stateside Processing for Certain Waivers

By Tulio G. Suarez, Esq. on Posted in Deportation, Family Immigration

Under current law, spouses and children of U.S. citizens who enter the U.S. unlawfully are ineligible to apply for lawful permanent residence inside the United States through a process known as “Adjustment of Status.”  Instead, they are required to leave the United States in order to apply for an immigrant visa at the consulate in their home countries. Upon leaving the U.S., these spouses and children often become subject to a three or ten year bar to reentry due to their prior unlawful presence in the U.S. Once outside the U.S., these spouses and children may apply for a waiver of such bars in order to be reunited with their U.S. citizen families.  However, this process can take several years.

On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Intent in the Federal Register outlining a proposed procedural change in the adjudication of the I-601, Application for Waiver of Ground of Inadmissibility, in cases involving spouses and/or children of United States citizens facing such bars to reentry. The proposed process would allow these Continue Reading

Homeowners’ Visas: Attracting Foreign Investors to the U.S. Residential Real Estate Market

By Tulio G. Suarez, Esq. on Posted in Real Estate, Visas

Margo D. Beller of CNBC reported last month about a congressional bill introduced by Senator Charles Schumer (New York), and Senator Mike Lee  (Utah), aimed at attracting foreign investment to the U.S. housing market in another legislative effort to jumpstart the U.S. sputtering economy. The Visa Improvements to Stimulate International Tourism to the United States of America Act, or VISIT-USA Act (S.1746), could help move the inventory of unsold homes in the U.S. by offering foreign purchasers of U.S. homes a renewable three-year “homeowner’s visa.” It could further serve to accelerate the U.S. economic recovery by generating additional consumer spending and tax receipts.

“X” Visas: Real Estate Investments of $500,000 or More Would Qualify

The VISIT-USA Act upon enactment would establish an X (non-immigrant) visa (renewable every three years) for foreign investors, and their accompanying spouse and children, who invest and maintain a total of $500,000 in U.S. residential real estate, of which at least $250,000 must be invested in a primary Continue Reading

Are Foreigners “Welcomed to America”?

By Tulio G. Suarez, Esq. on Posted in Immigration Enforcement

I previously wrote how Immigration Enforcement Hurts Florida Citrus Industry. In that post, I referred to efforts by the Florida Governor and Legislature to enact immigration enforcement laws akin to those in Arizona and most recently in Alabama.

Many such legislative efforts are justified under the mantra of national security, creation and/or protection of jobs in the U.S economy. While both of these are worthy goals in a free and democratic society such as ours, such laws should not place undue burdens on the personal freedom of citizens and non-citizens alike.

Unfortunately, many such legislative efforts are falling short. Not only are they Continue Reading

Migrant Workers: Caught in the Political Crossfire

By Bruce E. Sands, Esq. on Posted in Immigration Enforcement

More often than not, when the term “illegal alien” is used, the image most people associate this with is the undocumented migrant worker. For whatever reason, migrant workers have been cast in a very poor light. Is that fair? Who knows. I do know one thing: the role that migrant workers perform in our economy is vastly misunderstood; and these misperceptions make them easy political targets.

On October 4, 2011, both houses of Congress held separate subcommittee meetings which addressed immigration issues. Specifically, the Senate Subcommittee on Immigration, Refuges and Border Security heard testimony from several witnesses about the need for reform of the U.S. immigration policy towards migrant labor with respect to the agricultural industry. The general consensus among the “experts” was that of the 1.8 million manual labor farm jobs (primarily related to harvesting fruits and vegetables), between 1.2 million and 1.4 million of those positions were held by undocumented workers. Well, what would happen if all of the undocumented workers were deported? The answer, based on the testimony given, would surprise most Americans.

Myth #1:  Foreign Workers Hurt the U.S. Economy

First, it must be pointed out that for every “farm-job” (manual farm laborer), there are two “non-farm jobs” held primarily by U.S. citizens. In other words, Continue Reading

Immigration Enforcement: Perception Versus Reality

By Bruce E. Sands, Esq. on Posted in Immigration Enforcement

Last week I had the opportunity to speak to the European-American Network’s luncheon in Bonita Springs, Florida. Though my time was limited, I wanted to address two common mis-perceptions amongst persons who do not deal with immigration related issues on a regular basis. The first misperception, which I will address in this post, is that the current administration’s enforcement activities have been lax; the second misperception, that I will address in a later post, is that migrant workers can “stand in line” to get visas.


Recent Enforcement Activities

Despite the current campaign rhetoric wherein the Republican Presidential candidates continually complain of lax enforcement of our immigration laws, the reality is that the Obama administration has been very aggressive in locating and deporting “unauthorized” and “undocumented” persons in the United States regardless of any special circumstances. ICE (Immigrations and Customs Enforcement) officers have been making headlines by raiding businesses that have a large “unskilled” workforce in order to search for potential “illegal” aliens, despite the massive disruption to the businesses raided. This includes “I-9 Audits” of companies where ICE officers will review a company’s I-9 forms to verify that the I-9’s for employees of these targeted companies are in perfect order. Juxtapose this with the DOJ (Department of Justice) taking actions against employers who “do too much” to verify a person’s employment eligibility and you have created a nerve-racking environment for employers, just when employers need it most.

Continue Reading

2013 Diversity Visa Registration Opening Soon

By Amanda L. Brock, Esq. on Posted in Visas

Each year, the U.S. Department of State administers the Diversity Visa Program to allow foreign nationals the opportunity to become permanent U.S. residents. Like any lottery, the odds of winning are extremely low, yet it offers a free opportunity to throw your name in the proverbial hat that is simply too good to pass up for many foreign nationals otherwise unable to seek permanent residency by other means.

This year’s lottery will open at 12pm, EDT, on Tuesday, October 4, 2011 and will close at 12pm, EDT, on Saturday, November 5, 2011. Applicants must submit entries on-line during this period at www.dvlottery.state.gov. The application is fairly straightforward and generally does not require the assistance of an immigration lawyer to complete. However, if an applicant is selected, he or she must take certain steps to secure the visa opportunity and process the appropriate documentation within a specific timeframe, so it may be prudent at that point to engage an attorney for assistance navigating the process.  Also, if the foreign national has a criminal record, entered the US without permission, or stayed in the US beyond the date authorized by a nonimmigrant visa, he or she may also want to consult with an immigration attorney prior to entering the lottery Program.

While the Program is designed with the best of intentions, there have been an incredible number of scams over the years attempting to pray on those entering the lottery. Please beware of these scams!  The only way to determine whether you are selected in the lottery is to return to the website at www.dvlottery.state.gov beginning May 1, 2012 and login using your confirmation number. Successful applicants will then receive specific instructions of how to proceed to obtain the visa.

Please note that residents of the following countries are ineligible for the Program due to federal regulations: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. For additional information, please visit http://www.travel.state.gov/visa/immigrants/types_1318.html.

Immigration Enforcement Hurts Florida Citrus Industry

By Tulio G. Suarez, Esq. on Posted in E-Verify, Uncategorized

I previously blogged on the pros and cons of the mandatory use of E-Verify after the introduction of H.R. 2164, the Legal Workforce Act, which would mandate employment verification through the use of the Department of Homeland Security’s E-Verify® electronic employment verification system. Recently Florida Trend’s Will Gorham featured an excellent article by Kevin Bouffard on the growing concerns the Florida Citrus Industry has expressed over national and state-wide efforts increasingly focused on enforcing immigration laws, while comparable efforts for immigration reform that would provide the labor needed by industries like agriculture remain deadlocked.

Bouffard’s article keenly highlights how the polarized debate on illegal immigrants and the U.S. Immigration system has affected Florida business. Bouffard reports that Florida citrus growers feel that this year’s labor shortage was a consequence of a national and local political discussion focused only on aggressive enforcement of immigration laws, as a result of which, many of laborers left the state.  Bouffard’s states:

The [labor] shortage occurred — not coincidentally, many Florida citrus people said — as the Legislature was debating an Arizona-style immigration law that included mandatory e-Verify use, among other restrictions.”

Earlier this year, a state initiative promoted by Governor Rick Scott to mandate the use of E-Verify® by Florida employers failed to garner the necessary support in the Florida legislature. However, it is anticipated that such initiatives will be introduced during future legislative sessions.

Much is reported on the effects of illegal immigrants on our health care system, national security and educational system. However, Bouffard’s article sheds light on a point that is oft-ignored:  immigrants, including illegal immigrants contribute to our economy and society. The experience of the Florida Citrus Industry lends support to the argument that there are in fact jobs that Americans are unwilling to do, even if we deport all illegal aliens and close down the borders. It is naive to think that a deport-them-all approach without meaningful immigration reform that allows reasonable options for individuals and employers is a workable scheme.

White House Announces New Policy on Immigration Enforcement

By Tulio G. Suarez, Esq. on Posted in Deportation

On Thursday, the Obama administration announced it will do a case-by-case review of deportations, allowing many undocumented immigrants without criminal records to stay in the United States indefinitely and apply for work permits. Elise Foley of the Huffington Post recently reported on the details of the White House announcement as well as its policy and political considerations.

The Department of Homeland Security has been prioritizing the removal of people who have been convicted of crimes in the United States under its Secure Communities Program (Secure Communities), one of various enforcement initiatives purportedly targeting the “worst of the worst” (i.e. people who have been convicted of crimes in the United States) by using a federal information sharing program between the Federal Bureau of Investigation (FBI) and U.S. Immigration and Customs Enforcement (ICE), an agency of the U.S. Department of Homeland Security (DHS).

When state and local law enforcement arrests and books someone into a jail for a violation of a state criminal offense, they generally fingerprint the person and Continue Reading

USCIS to Announce Initiatives for Attracting Foreign Entrepreneurs and Investors

By Tulio G. Suarez, Esq. on Posted in Foreign Investor Visas

Miriam Jordan of the Wall Street Journal reported that the U.S. Citizenship and Immigration Services (USCIS) chief, Alejandro Mayorkas, will unveil several initiatives today designed to attract and retain foreign entrepreneurs, particularly those in the high-tech sector, who wish to launch start-up companies in the U.S.

The initiatives will be intended to facilitate the eligibility of foreign entrepreneurs for immigrant benefits under two visa preference categories: the EB-2 national interest waiver and EB-5 investor program. The initiative will also seek to facilitate use by foreign entrepreneurs of H-1B visas, which are temporary work visas for foreign workers in a specialty occupation.

Jordan reports that the changes come as increasing numbers of software entrepreneurs have been taking their start-ups to other countries—often after completing advanced degrees in the U.S.—because of the difficulty in securing temporary work visas and permanent residency in the U.S. This is no surprise to immigration attorneys and employers who have seen the downturn in the U.S economy result in adjudicatory challenges concerning employment-based immigrant and non-immigrant visas, as USCIS has gradually taken a more conservative position on its instructions to adjudicators and in agency rulemaking.

A clear example of this has been the H-1B program which had been a mainstay of software companies and other small entrepreneurial businesses that seek foreign nationals to fill certain professional jobs. In the past, self-ownership of the company petitioner was not an issue, and there is a long-line of administrative precedent supporting an employment relationship where there is a sole owner of the corporation. However, last year USCIS issued a policy memorandum purportedly changing the policy on this issue relying on the conventional master-servant relationship as understood by common-law agency doctrine for purposes of establishing the prerequisite employer-employee relationship. This has made approval of self-employed professionals much more difficult.

The measures won’t require congressional approval because they don’t constitute changes in current immigration law. Instead, clarifications will be issued for existing visa categories with the objective of enabling more entrepreneurs to gain entry into the U.S. and of bringing more speed and efficiency to the visa-application process.

Photo Courtesy of Andrew Magill, Flickr

 

USCIS Transformation: Electronic System for Filing and Tracking Immigration Applications

By Tulio G. Suarez, Esq. on Posted in USCIS Transformation

Last week I participated in a U.S. Citizenship and Immigration Services (USCIS) national engagement presentation on “USCIS Transformation,” the agency’s new initiative to move immigration services from a paper-based model to an electronic environment.  According to the agency, USCIS Transformation will deliver a simplified, web-based system for benefit seekers and their legal representatives to submit and track their applications. The new system promises to provide customers with improved service. It will also aim to enhance USCIS’s ability to process cases with greater precision, security, and timeliness.

USCIS Transformation hopes to:

  • Reduce the agency’s reliance on paper, making it easier to access information to adjudicate benefit requests;
  • Provide applicants more up-to-date and detailed case information;
  • Provide applicants and representatives the ability to submit applications electronically—including  evidence—as well as a variety of e-payment options; and
  • Allow users to reuse some previously submitted data from their online accounts when submitting future applications.

The new initiative will be implemented in phases or releases. The first phase is scheduled to launch in the fall of 2011, with the aim of introducing initial customer accounts and core case management capabilities across certain Continue Reading