Archive | January 2013

President Obama Speaks on Comprehensive Immigration Reform

President Obama Speaks on Comprehensive Immigration Reform

White House Press Release on Comprehensive Immigration Reform entitled “Fixing our Broken Immigration System so Everyone Plays by the Rules”

VIA The White House, Office of the Press Secretary, 

For Immediate Release, January 29, 2013

FACT SHEET: Fixing our Broken Immigration System so Everyone Plays by the Rules

America’s immigration system is broken. Too many employers game the system by hiring undocumented workers and there are 11 million people living in the shadows. Neither is good for the economy or the country.

It is time to act to fix the broken immigration system in a way that requires responsibility from everyone —both from the workers here illegally and those who hire them—and guarantees that everyone is playing by the same rules.

President Obama’s commonsense immigration reform proposal has four parts. First, continue to strengthen our borders. Second, crack down on companies that hire undocumented workers. Third, hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks. Fourth, streamline the legal immigration system for families, workers, and employers.

Together we can build a fair, effective and commonsense immigration system that lives up to our heritage as a nation of laws and a nation of immigrants.

The key principles the President believes should be included in commonsense immigration reform are:

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Ashwin Sharma interviewed about Immigration Reforms proposed by Sen. Rubio and the President

Immigration Attorney Ashwin Sharma was interviewed on the Channel 4’s Morning Show on the subject of the Gang of 8’s Bipartisan Framework for Comprehensive Immigration Reform versus President Obama’s proposal, and on the necessity of Immigration Reform in the country and within the Republican Party.

Text of Bipartisan Framework for Comprehensive Immigration Reform

Bipartisan Framework for Comprehensive Immigration Reform

Senators Schumer, McCain, Durbin, Graham, Menendez, Rubio, Bennet, and Flake

Introduction

We recognize that our immigration system is broken. And while border security has improved significantly over the last two Administrations, we still don’t have a functioning immigration system. This has created a situation where up to 11 million undocumented immigrants are living in the shadows. Our legislation acknowledges these realities by finally committing the resources needed to secure the border, modernize and streamline our current legal immigration system, while creating a tough but fair legalization program for individuals who are currently here. We will ensure that this is a successful permanent reform to our immigration system that will not need to be revisited.

Four Basic Legislative Pillars:

  1. Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;
  1. Reform our legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families;
  1. Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers; and,
  1. Establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers.

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The Latest Information about the New Provisional Waiver for Unlawful Presence

VIA Travel.State.Gov

Translation – Español (.pdf)

Important Instructions for Provisional Unlawful Presence Waiver Applicants

About the new waiver

On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States, who are in the process of seeking immigrant visas with the Department of State to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews. USCIS will begin accepting provisional unlawful presence waivers on March 4th, 2013.

If you would like to apply for a provisional unlawful presence waiver, please take the following steps:

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Can I re-enter the U.S. with a valid I-94 and expired visa? – Automatic revalidation for certain temporary visitors

Canadian visa for single entry

Canadian visa for single entry (Photo credit: Wikipedia)

VIA CBP.GOV

Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by Customs and Border Protection (CBP), if they meet certain requirements, including, but not limited to the following:

A nonimmigrant who departed the U.S. for brief travel to Canada, Mexico, or an adjacent islands (for F and J nonimmigrant) for thirty days or less;

Nonimmigrant who have changed their nonimmigrant status (for F and J nonimmigrant) to another nonimmigrant status through U.S. Citizenship and Immigration Services (USCIS) and has a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS can travel to Canada, Mexico or an adjacent island for thirty days or less.
Nonimmigrant who is eligible to re-enter the U.S. pursuant to the authority of automatic revalidation is not able to benefit from the automatic revalidation process if the passport of the nonimmigrant reflects evidence that while in a contiguous territory or on an adjacent island the nonimmigrant applied for a new visa and is pending a decision or has been denied a new visa application.

For more information about automatic revalidation provisions and reentry to the U.S. visit the Automatic Revalidation Fact Sheet on page 18 of the Carrier Information Guide on CBP.gov. Note: Carrier Information Guide is currently being updated to accurately reflect the countries listed below.

Nationals of Cuba, Iran, Sudan and Syria are not eligible for automatic revalidation of an expired visa.

GAO Report – Additional Actions Needed to Strengthen Customs and Border Protection Efforts to Mitigate Risk of Employee Corruption and Misconduct

U.S. Customs and Border Protection :Original c...

U.S. Customs and Border Protection :Original caption: CBP Officers uniforms and Border Patrol Agents uniforms pay tribute to fellow fallen officers during a Law Enforcement memorial service in Washington D.C. (Photo credit: Wikipedia)

The United States Government Accountability Office report (link below) delivered to Congressional requesters is comprehensively summarized by its very title: “Additional Actions Needed to Strengthen CBP [Customs and Border Protection] Efforts to Mitigate Risk of Employee Corruption and Misconduct”

“CBP is the largest uniformed law enforcement agency in the United States, with approximately 21,400 BPAs patrolling between the nation’s ports of entry and more than 20,000 CBPOs stationed at air, land, and seaports nationwide at the end of fiscal year 2011.  … The total number of CBP employees increased from 43,545 in fiscal year 2006 to 60,591 as of August 2012….

On the U.S. southwest border, there are about 5,500 CBPOs and 18,000 BPAs as of the end of fiscal year 2011. CBPOs, based within OFO, are responsible for processing immigration documentation of passengers and pedestrians and inspecting vehicles and cargo at U.S. ports of entry. BPAs are based within the USBP and are responsible for enforcing immigration laws across the territory in between the ports of entry and at checkpoints located inside the U.S. border. Together, CBPOs and BPAs are responsible for detecting and preventing the illegal entry of persons and contraband, including terrorists and weapons of mass destruction, across the border.”

The GAO report concluded that much more could be done to decrease misconduct and corruption in the agency:

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