Six Bills Addressing Immigration Killed
(AP)
DENVER Majority Democrats at the Legislature have killed six
Republican-backed bills addressing immigration, but the one of most
contentious political topics in Colorado this year still has plenty of
fireworks coming up.
Click to read story
New IPC Report Reveals Voting Patterns Behind House’s Passage of Immigration Enforcement Bill
02/28/2006
Via AILA (The American Immigration Lawyers Association)
The Immigration Policy Center,
a division of AILF, AILA’s sister foundation, has released a new
report–“Playing Politics on Immigration”–showing that U.S.
Representatives with low numbers of undocumented immigrants residing in
their districts were most likely to support the Border Protection,
Antiterrorism, and Illegal Immigration Control Act (H.R. 4437), passed
by the House in December. IPC Research Fellow Rob Paral writes,
“Lawmakers whose constituents experience relatively little impact from
undocumented immigration have the luxury of playing politics on the
issue rather than confronting it directly.” View the full report.
Naturalization Information for Military Personnel
Military Naturalization Brochure (PDF format)
If you are
a member of the U.S. Armed Forces and are interested in becoming a U.S.
citizen, you may be eligible to apply for citizenship under special
provisions provided for in the Immigration and Nationality Act (INA).
Generally, service in the U.S. Armed Forces means service in one of the
following branches:
- Army,
- Navy,
- Marine Corps,
- Air Force,
- Coast Guard,
- Certain Reserve components of the National Guard, and
- Selected Reserve of the Ready Reserve
Recent
changes in the relevant sections of the INA (Sections 328 and 329) make
it easier for qualified military personnel to become U.S. citizens if
they choose to file a naturalization application.
In
addition, the U.S. Citizenship and Immigration Services (USCIS) has
created a streamlined process specifically for military personnel
serving in active-duty status or recently discharged.
This
brochure provides you with some basic information about the laws that
govern citizenship for military personnel and the process you should
follow to begin your journey to citizenship.
Do You Qualify?
There are general requirements and qualifications that must be met in order for you to become a US citizen. These include:
- Demonstrating that you have good moral character
- Demonstrating knowledge of the English language
- Demonstrating knowledge of U.S. government and history (“civics”), and
- Demonstrating attachment to the U.S. by taking an oath of allegiance to the U.S. Constitution.
As a
member of the military there are other naturalization requirements that
you may be excepted from, including the required residency and physical
presence in the United States. These exceptions are outlined in
Sections 328 and 329 of the INA.
Section 328, INA
This
section applies to all members currently serving in the U.S. Armed
Forces or those who have already been discharged from service.
- Have you served honorably for a total of one or more years?
- Are you a lawful permanent resident?
- Will you be filing your application for naturalization while still in service or within six months of being discharged?
Section 329, INA
This
section applies to members of the U.S. Armed Forces who serve in
active-duty status during authorized periods of conflict as outlined in
the INA or any additional period designated by the President in an
Executive Order.*
*
Recently, the President signed an Executive Order identifying September
11, 2001 and after as an authorized period of conflict.
- Have you served honorably in the U.S. Armed Forces during an authorized period of conflict?
- After enlistment, were you lawfully admitted as a permanent
resident of the United States, OR at the time or enlistment,
reenlistment, or induction were you physically present in the United
States or qualifying territory?
Changes on October 1, 2004
Recent
legislation has called for additional benefits to members of the
military. These benefits will go into effect on October 1, 2004.
- No fees will be charged when you file for naturalization.
- The naturalization process will be made available overseas to
members of the Armed Forces at US embassies, consulates, and where
practical, military installations abroad.
If You Qualify…
Every military installation should have a designated point-of-contact to handle your application and certify your Request for certification of Military or Naval Service (N-426).
You should inquire through your chain of command to find out who this
person is, so they can help you with your application packet.
Your point-of-contact will send your N-400, G325B, and certified N-426 to:
The Nebraska Service Center
PO Box 87426
Lincoln, NE 68501-7426
The
Service Center will review your application and perform the necessary
security checks. Then, they will send it to the district office closest
to your location. If you have a preference as to where you would like
to be interviewed, you can provide that information in a cover letter
attached to your naturalization packet. The district office will set a
date to interview you and test your knowledge of English and Civics. If
granted, USCIS will inform you of the date you can take your oath of
allegiance.
Forms you will need to complete and submit:
- N-400, Application for Naturalization
- N-426, Request for Certification of Military or Naval Service (This form requires certification by the military prior to submission to USCIS)
- G-325B, Biographic Information
Forms and Handbooks
To get these forms, you can call the USCIS Form Line at: 1-800-870-3676 to request the “Military Packet” and obtain a copy of the handbook, “A Guide to Naturalization” or visit the website www.uscis.gov
Spouses of US Citizens Deployed Abroad
If you are
married to a U.S. citizen who is a member of the U.S. Armed Forces and
your citizen spouse is or will be deployed abroad by the Armed Forces
for one year, you may be eligible for expedited naturalization under
section 319(b) of the INA. For more information, please refer to the
USCIS Guide to Naturalization (page 22) at http://uscis.gov/graphics/services/natz/English.pdf.
Posthumous Benefits
The INA
allows for the awarding of posthumous citizenship to active-duty
military personnel who die while serving in the armed forces. In
addition, surviving family members seeking immigration benefits are
given special consideration. To learn more, contact your military
point-of-contact or the local district USCIS office.
Immigration issue key to business future
02/26/2006
Via MSNBC
Most everyone agrees that U.S. immigration policy is broken, but there’s a huge divide over how to fix it.
Millions of immigrants are in the country illegally, employers are
having trouble hiring the qualified workers they need from other
countries, and some lawmakers are concerned about the economic toll
illegal immigrants impose on the state’s education and health care
systems.
Those are just a few of the problems. But state and federal lawmakers
are proposing dozens of fixes, from clamping down on the country’s
borders to requiring employers to play a bigger role in verifying
workers’ legal status.
“There
is widespread agreement we have a problem,” said Rep. Paul Weissman,
D-Louisville, chairman of a state legislative committee that considered
10 proposed laws on immigration this week. “The disagreement is on the
solutions.”
Colorado
lawmakers debated 10 Republican measures Feb. 21 for more than seven
hours, hearing sometimes emotional testimony from private citizens,
employer groups, lawyers, activists and employees on both sides of the
proposals.
While
all but three bills were killed, the issue is likely to resurface later
this session and is almost certain to be a major issue in election
campaigns later this year. A group called Defend Colorado Now is
gathering signatures for a proposed ballot initiative that would amend
the Colorado constitution to deny non-emergency medical and other
services to illegal immigrants.
“The
public is frustrated, as we are, by the federal government’s inability
or unwillingness to fix this problem,” said House Speaker Andrew
Romanoff, D-Denver. “So people are turning, understandably, to other
levels of government.”
The
debate has big implications for employers and the economy. Immigrant
workers — legal and otherwise — play an important role in many
Colorado industries, including tourism, retail, construction and
technology. One in seven U.S. workers is an immigrant, according to the
National Conference of State Legislatures (NCSL), which is based in
Denver.
Top Indian scientist turned away by US immigration – Update
Via The Washington Post
02/24/2006
A decision two weeks ago by a U.S. consulate in
India to refuse a visa to a prominent Indian scientist has triggered
heated protests in that country and set off a major diplomatic flap on
the eve of President Bush’s first visit to India.
The
incident has also caused embarrassment at the highest reaches of the
American scientific establishment, which has worked to get the State
Department to issue a visa to Goverdhan Mehta, who said the U.S.
consulate in the south Indian city of Chennai told him that his
expertise in chemistry was deemed a threat.
In the face of outrage in India, the U.S. Embassy in New Delhi issued a
highly unusual statement of regret, and yesterday the State Department
said officials are reaching out to the scientist to resolve his case.
Top Indian scientist turned away by US immigration
Via The Register
By Chris Williams
02/24/2006
An Indian professor of organic chemistry was denied a visa by US
immigration. Goverdhan Mehta, 62, was hoping to attend a scientific
conference in Florida, but was denied permission by the embassy in New
Dehli.
Now a row has erupted between US officials, who say the application
was merely delayed, and the Paris-based International Council for
Science (ICSU), which is expressing “grave concern” over their more
stringent policies since September 11.
Hilariously-named ICSU deputy executive director Carthage Smith told
Reuters: “Professor Mehta is a very well-known scientist, but there are
many lesser known scientists to whom this is happening. The bigger
issue is important.”
Professor Mehta was subjected to “hostile treatment” at the embassy,
and asked to prove that his work could not be used for chemical
weapons. When asked what his doctoral thesis was about, he could not
remember details. He told the Deccan Herald in Bangalore:
“I did my PhD 40 years ago. I told them I did not remember the topic.
Science has progressed and changed completely since then.”
ICSU, which promotes free exchange of world science said: “It
clearly illustrates that, despite some progress, all is far from well
with regards to the visa policies and associated practices for
scientists wishing to enter the USA.”
A typically humourless spokesman for the US consulate said: “He was
asked for additional information and the application can be processed,
it can be continued.”
Sen. Specter lays out immigration reform plan
Via The Orange County Register
Judiciary panel chair’s idea includes guest-worker visa.
WASHINGTON – Judiciary Committee Chairmen Arlen
Specter this morning has laid down his own marker for comprehensive
immigration reform that combines enhanced enforcement with a temporary
guest-worker program as well as an opportunity for the estimated 11
million illegal immigrants here now to come out of the shadows and work
legally.
Specter’s bill – which combines elements from
several other immigration proposals – sets the scene for what is likely
to be a protracted and contentious debate, first in the Senate and then
with the House, which passed a bill in December that does not include
any new guest-worker provisions and would not allow illegal immigrants
to work here legally. The Judiciary Committee will begin reviewing the
proposal Thursday.
The measure responds to President Bush’s
call for immigration reform that includes tough enforcement measures at
the borders and interior sections of the country and the ability of the
business community to get the labor officials say the economy needs.
And it runs counter to a wing of the Republican party – mostly in the
House – who say such provisions amount to an amnesty and would reward
those who illegally entered this country or overstayed their visas.
The 350-page bill, obtained this morning by the Register, includes:
•
Additional enforcement agents, increased technology at the border, a
requirement for the Department of Homeland Security to submit plans for
systematic surveillance of land and sea borders, as well as a national
strategy for border security. It requires DHS to report to Congress on
whether a fencing system along the northern, southern and maritime
borders of the U.S. is necessary. It tightens laws regarding
deportation, increases penalties for document fraud, particularly as it
relates to marriage fraud.
• A new workplace enforcement
program, including a measure authored by Rep. Ken Calvert, R-Corona,
that would require employers to check the Social Security numbers of
new hires against a federal data base. Unlike the bill passed by the
House, most employers would have to check only new workers, although
the homeland security secretary could require workplaces with potential
homeland or national security concerns to also check the status of
current employees. The employer plan would be phased in over five years.
•
Creates a new temporary worker visa – H-2C. Residents of foreign
countries who can show they have a job waiting can get this visa for
three years, renewable for another three years. These workers would be
required to return to their home countries after their work visas
expire.
• Creates a new student visa category – F-4. This would
allow students pursuing advanced degrees in math, engineering,
technology or the physical sciences to stay in the United States for a
year after they graduate to look for work. If they get a job, they
would be allowed to get a green card after paying a $1,000 fee and
passing security clearances.
• Increases the number of employment-based green cards from 140,000 to 290,000.
• Increases the number of visas available for unskilled workers.
•
Creates a new conditional work authorization status. This would allow
illegal immigrants who can prove they were here and working in the
United States before Jan. 4, 2004, to pay a $500 fee, undergo
background checks, pay any income taxes owed for work before Jan. 4,
2004, and get a conditional work status. Illegal immigrants who have
been ordered deported would not be eligible for this status.
State cuts off suburban schools in enrollment spat
By Colleen Mastony and Diane Rado
Tribune staff reporters
Published February 23, 2006, 9:33 PM CST
Via The Chicago Tribune
Illinois education officials on Thursday voted to cut off state funds
to the Elmwood Park school district for refusing to admit an immigrant
teen to its high school.
The action not only blocks the district from collecting $3.3 million in
state aid, but could bar its student athletes from competition.
Although district officials can appeal, it remains unclear whether
doing so would enable them to receive their next state payment of
$331,587 due next week.
Amid tense and emotional exchanges with district officials Thursday,
the Illinois State Board of Education signaled that it will move
swiftly and powerfully to protect the right of immigrant children to go
to public schools, regardless of their immigration status.
Click to read story
Experts Say US Immigration Policies Keep Foreign Students, Workers Away
Washington
24 February 2006
Via VOA News
Some lawyers and educators are calling for
changes in U.S. immigration policies. They say current rules are too
restrictive and discourage talented people from around the world from
coming to the United States to study, teach and work. They worry that
many of them will go to other countries instead, diminishing the United
States’ ability to compete in many fields.
The United States is a nation built and sustained
by its immigrants. But some experts worry that increasingly tough
immigration laws in a post-September 11, 2001 world are limiting the
flow of highly skilled people into this country.
They say there is a need for comprehensive reform of these laws so
that immigration will once again become a positive force in U.S.
competitiveness. Michael Greco, the president of the American Bar
Association (lawyers), and himself an immigrant, says the current
system is failing to meet the needs of the nation. “Our laws and
attitudes on immigration have been almost schizophrenic. At times we
have thrown open our nation’s doors virtually without limit; at other
times we have tried vainly to build walls – legal and physical. Today
our laws reflect that confusion,” he said.
Panelists at a discussion of U.S. immigration policies Thursday in
Washington said there are too many examples of talented students being
denied visas to the United States because of overly restrictive laws
and polices. They warn this puts the United States at a serious
competitive disadvantage in the world economy.
Debra Stewart heads the Council of Graduate Schools. She says
applications from foreign students for masters and doctoral level
studies at U.S. universities have dropped off by nearly half since the
September 11, 2001, attacks on the United States. She says the U.S.’s
competitive advantage which it has had since World War II is in
jeopardy of slipping away.
“Declines of this magnitude raise very serious questions of whether
America would even be able to continue its position of thought
leadership in the world given the intimate relationship between
graduate education and research as key drivers of the American economy,
of innovation, and of prosperity,” she said.
The experts attribute the overall decline to several factors,
including real and perceived difficulties in obtaining student visas,
rising U.S. tuition costs, recruitment activities by other
English-speaking nations and perceptions abroad that it is more
difficult for international students to come to the United States.
Bill Wulf is the president of the National Academy of Engineering.
He says over the last century immigrants have made some of the most
important contributions to the fields of science and engineering in the
United States, and their contributions continue to be vital.
“Between 1990 and 2004 over one-third of Nobel prizes awarded to
Americans were to foreign-born Americans. It’s clear we’ve been
skimming the best and brightest from around the world and prospering
because of it. We need these new Americans even more now as other
countries become more technologically capable, as they emulate the U.S.
model for prosperity,” he said.
In addition to the decline of foreign student enrollments at
universities, the number of foreign workers with specialized skills is
also dropping.
Immigration lawyer Daryl Buffenstein says getting visas for
high-skilled workers is very difficult. Some visas take many months,
others take years. He says Americans lose when they have to send jobs
overseas because they cannot bring the specialists to the United
States. “If we can’t get the technology to where the manufacturing is,
we must take the manufacturing to where the technology is,” he said.
The experts argue that real security and prosperity come from a
balance of keeping out those who will do harm, and welcoming those that
do us good. With selected thoughtful changes to US policy, they say,
the U.S. could achieve both
AILA’s SSA Liaison Committee Clarifies Misconception on SSNs, Issues Reminders and Requests Member Feedback
AILA’s SSA liaison committee notes that contrary to popular belief, neither
immigration law nor federal tax law requires an individual to possess an SSN to
begin working. IRCA does not require an employee to present an SSN Card but,
rather, lists the Card as a possible “List C” document of work authorization.
Similarly, the Internal Revenue Code does not require an employee to possess an
SSN to begin working. It requires only that an application for an SSN be made
within seven days of commencing employment for taxable wages. 26 USC Section
6011; 26 CFR Section 31.6011(b)-2. Usually, the real obstacle to commencing
employment is the software of a third-party payroll preparer, which cannot
generate a paycheck without the number. Under these circumstances, if permitted
by its system, the preparer can use a “dummy” SSN solely to generate a paycheck,
provided the actual SSN or other required information is provided on the
information returns at the time of filing. Further instructions are on the SSA
website at www.ssa.gov/employer/.
DHS Announces Temporary Protected Status Extension for El Salvador, Honduras, and Nicaragua
Press Release
DHS Announces Temporary Protected Status Extension for El Salvador, Honduras, and Nicaragua
Details of Re-Registration Process to be Announced Soon
WASHINGTON, D. C. – In a continuing effort to assist El Salvador, Honduras, and Nicaragua in recovering from the natural disasters that affected the Central American region, the Department of Homeland Security has announced a decision to extend Temporary Protected Status (TPS) for an additional 12 months for all three countries. U.S. Citizenship and Immigration Services (USCIS) will provide additional information about the re-registration process and answers to frequently asked questions upon publication of Notices in the Federal Register soon. Therefore, re-registration applications will not be accepted before the registration period is announced for each nation.
Under this extension nationals of El Salvador, Honduras, and Nicaragua who have already been granted and remain eligible for TPS will be able to continue living and working in the United States for an additional 12 months. This extension covers approximately 225,000 Salvadorans, 75,000 Hondurans, and 4,000 Nicaraguans. This extension of these TPS designations will expire on September 9, 2007 for El Salvador and on July 5, 2007 for Honduras and Nicaragua.
The U.S. Immigration Law Blog by Ashwin Sharma 
Outsourcing: Silicon Valley East
03/01/2006
Via Newsweek
Americans once feared their jobs would be shipped to India, but the backlash was overdone. Now everybody’s winning.
During the height of the dot-com boom, Dan Scheinman was one of Silicon
Valley’s most popular tech execs. As the chief of mergers and
acquisitions for Cisco Systems, he couldn’t go to a party without being
besieged by entrepreneurs eager to sell their business to the
deep-pocketed tech giant. Now Scheinman is once again the toast of
dinner parties, but he’s being pitched on new properties over tandoori
chicken and Darjeeling tea in Bangalore. For Cisco, India is the new
frontier, where it’s investing $1.2 billion to build a gleaming R&D
campus that will employ 3,000 people. “Bangalore feels like the center
of the technology world,” says Scheinman. “There’s a level of chaos,
energy and a sense that anything is possible.”
Click to continue reading article