SENATE BILL, S. 577 TO PUNISH IMMIGRATION SHARKS DEFRAUDING & VICTIMIZING IMMIGRANTS AND RELATED PARTIES.
The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. This bill was introduced by Dianne Feinstein from California, cosponsored by Senator Ted Kennedy. It would create a new federal crime to penalize those who engage in schemes to defraud aliens in connection with federal immigration laws. Specifically, the act would make it a federal crime to willfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to willfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law.
By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their six U.S. citizen children in Palmdale, California. In attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings.
ATTORNEY GENERAL HOLDER RECINDS ASHCROFT'S FOIA MEMO
"A democracy requires accountability, and accountability requires transparency." Barak Obama, January 21, 2009 (Memorandum for the Heads of Executive Departments and Agencies, Subject: Freedom of Information Act)
"In the face of doubt, openness prevails." Attorney General Eric Holder, March 19, 2009 (Memorandum for the Heads of Executive Departments and Agencies, Subject: Freedom of Information Act)
Attorney General Eric Holder sent a memo on March 19, 2009 to agency heads that reverses the Freedom of Information Act (FOIA) guidelines that have been in place since October12, 2001. The Bush-era presumption, established by then-attorney general John Ashcroft, was that agencies should first assume that information should not be released — and put most of the burden on the requester to prove otherwise.
FOIA provides a fundamental commitment to open government. The Freedom of Information Act, Title 5 of the United States Code, section 552, generally provides that any person has the right to request access to federal agency records or information. All agencies of the U.S. Government are required to disclose records upon receiving a written request, except those records that are protected from disclosure pursuant to nine exemptions and three exclusions. The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies. Any requests for state or local government records should be directed to the appropriate state or local government agency.
In January 2009, President Obama issued new orders designed to improve the federal government's openness and transparency. He instructed all agencies and departments to "adopt a presumption in favor" of Freedom of Information Act requests. On March 19, 2009, Attorney General Holder wrote in his memo on FOIA, "In the face of doubt, openness prevails.
A dream deferred may not necessarily be a dream denied. The Development, Relief and Education for Alien Minors Act (DREAM Act) is back. An earlier version was introduced in 2001 and several versions have been defeated. On March 26, 2009, S. 729, the DREAM Act 2009, was introduced. It is sponsored by Senator Richard Durban (D-IL) and Representative Howard Berman (D-CA).
The bill will amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes. Specifically, it would provide certain immigrant students who graduate from an American High School, are of good moral character, arrived in the US as children, and have been in the country continuously for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residency. The students will obtain temporary residency for a period of six years. Within the six year period, a qualified student must attend college, and earn a two year degree, or serve in the military for two years in order to earn citizenship after the six years period.
IMMIGRATION ITEMS OF INTEREST
EMPLOYMENT CREATION: IMMIGRANT INVESTOR VISA (EB-5) PROGRAM RECOMMENDATIONS. MILLIONAIRE IMMIGRANTS TO HAVE AN EASIER PATH OF ENTRY TO THE US
Congress sought to attract entrepreneurial immigrants to the US who would invest capitol and create jobs for US workers, and thereby stimulate the economy. On March 18, 2009, the USCIS Ombudsman released a series of recommendations to "stabilize and energize" the EB-5 program.
To encourage use of the EB-5 visa category, Congress established the Immigrant Investor Pilot Program in 1993. Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. §1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 3,000 are set aside for those who apply under a pilot program involving a USCIS-designated "Regional Center."
Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested – or are actively in the process of investing – the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.
The March 18, 2009 Ombudsman report noted that the EB-5 program is underutilized. While the US Immigration Act of 1990 allocates 10,000 fifth employment-based (EB-5) immigrant visas to investors and their family every year, less than 1,000 have been used. Between 1992 and 2004, a total of 6,024 such visas were issues, or an average of 500 a year.
“This underutilization is caused by a confluence of factors, including program instability, the changing economic environment, and more inviting immigrant investor programs offered by other countries,” said the report issued March 18.
The law created the new category for immigrants who are required to create at least 10 full-time jobs by investing at least $500,000 for commercial enterprises in a rural area or targeted employment area; otherwise, the minimum qualifying investment is $1 million.
Earlier US government assessments of the program predicted that 4,000 millionaire investors and members of their family would sign up, bring in $4 billion in new investments, and create 40,000 jobs every year.
“In recognition of the present turmoil in the US economy, it is incumbent upon USCIS to take all necessary and appropriate steps to facilitate a healthy, vigorous, and smooth-running employment creation immigrant visa program,” it added. Thus, the Ombudsman proposed that the USCIS make it easier for millionaire immigrants enter the US.
Among its specific recommendations were to facilitate earlier deficient applications, standardize adjudications, and assign more people to the EB-5 Administrative Appeals Office. The Ombudsman also suggested rules that will promote stakeholder and investor confidence, as well as make the adjudicatory processes more predictable.
“The underutilization of the EB-5 visa category is principally caused by significant regulatory and administrative obstacles, as well as by uncertainties that undermine investor and stakeholder confidence,” the report said.
For faster decisions, it also suggested that foreign investors be offered a “Special Handling Package option…for a higher fee.” The Ombudsman said priority must be given for the review and processing of all EB-5 petitions from the regions, and suggested that the US Departments of State and Commerce promote the EB-5 program overseas.
“Given current economic conditions, by adopting these recommendations USCIS will send a message that it accepts, understands, and will implement Congress’ intention that the EB-5 program serve as an employment creation engine for our nation,” the report said.
At the Law Offices of Curtis Pierce, we think that it is imperative to understand the immigrant experience and the special needs of immigrant clients. The experience of this vulnerable population is detailed in both fiction and academic writing. We feature noteworthy books on our newsletter in order to increase awareness of the struggles and obstacles that immigrants overcome before they are accepted into our society.
This month's topic is particularly significant because many immigration practitioners with VAWA (Violence Against Women Act) cases may know the law, but be unfamiliar with the dynamics of domestic violence and the experiences of immigrant women who are victims of abuse by an American citizen husband or LPR (law permanent resident). Shamita Das Dasgupta's article emphasized that immigration heightens women's vulnerability. Immigrant women seeking to leave abusive relationships face additional hardships in mainstream culture that is often hostile to immigrants
A SCHOLARLY ARTICLE FOCUSING ON DOMESTIC VIOLENCE AGAINST IMMIGRANT WOMEN - "WOMEN'S REALITIES: DEFINING VIOLENCE AGAINST WOMEN BY IMMIGRATION, RACE & CLASS" BY SHAMITA DAS DASGUPTA
This article is published in an anthology edited by Natalie Sokoloff and Christina Prat, Domestic Violence at the Margins: Readings on Race, Class, Gender & Culture, Rutgers University Press, 2005.
In her article, Shamita Das Dasgupta writes that violence against women is a phenomenon endemic in every society. Although all women are victims of this nexus of culture, institution, and the individual abuser, nowhere is this problem more evident than among battered immigrant women. In the US, cultural symbols promote not only male superiority and female subjection but also deficiency of immigrant women of color and their cultures to white people and their norms. As "foreign" women, they are viewed as backward, subservient, and quietly accepting of male domination and patriarchal control. It is noted that such attitudes emanate from, and in turn reinforce, the fundamental belief that women of "other" cultures are inferior to Americans and perhaps contribute to their own victimization. Although daunting, the solution lies in thorough campaign of education and training.
A NOTE ON VAWA
The Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser. For more information on VAWA, contact the Law Offices of Curtis Pierce.
LITTLEIMMIGRATION INTELLECTUALS
IMMIGRATION BOOKS FOR CHILDREN
Return to Sender by Julia Alvarez
This book was published by Knopf Books for Young Readers in 2009. Appropriate for ages 10 and up. Consider this novel for young readers beginning to grapple with social issues.
After Tyler's father is injured in a tractor accident, his family is forced to hire migrant Mexican workers to help save their Vermont farm from foreclosure. Tyler isn’t sure what to make of these workers. Are they undocumented? And what about the three daughters, particularly Mari, the oldest, who is proud of her Mexican heritage but also increasingly connected to her American life. Her family lives in constant fear of being discovered by the authorities and sent back to the poverty they left behind in Mexico. Can Tyler and Mari find a way to be friends despite their differences?
The title comes from a dragnet operation that the Department of Homeland Security conducted in 2006, named, Return to Sender. Work places were raided and undocumented workers were seized. Their children were the left behind to be soothed and reassured until they could be finally reunited with their parents.
In a novel full of hope, but no easy answers, Julia Alvarez weaves a timely story that will stay with readers long after they finish it.
FOR IMMIGRATION ATTORNEYS ONLY:
WHAT'S NEW IN IMMIGRATION LAW that I had better know?:
Immigration Law is constantly evolving. New cases, regulations, statutes, and memoranda are published almost every day. It is extremely difficult to keep up with all the changes. This section is intended to provide immigration attorneys with information concerning at least some of the most important developments in immigration law that took place in the last month. In other words, what happened in the last month of which I absolutely should be aware?
USCIS has revised Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010
ATTORNEY CURTIS PIERCE RECOGNIZED
Curtis Pierce was named a Super Lawyer in the December 2008 issue of Super Lawyers -Corporate Counsel Edition, a publication for attorneys who specialize in business litigation.
PROCESSING TIMES & CASE STATUS
· To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.
It is published by the Law Offices of Curtis Pierce, 213-327-0044.
Disclaimer: The information contained in this newsletter is analysis and commentary of a general nature. Nothing in this newsletter applies to a specific case nor does it constitute legal advice.
Schedule appointment: For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.
“The only title in our democracy superior to that of President (is) the title of citizen”.
Former Supreme Court Justice Louis Brandeis. (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")
In the words of President Kennedy,
the United States is a "nation of immigrants."
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