USA Green Card Immigration Blog

FOXNews.com – Fox News Poll: 72 Percent Say Government Not Enforcing Immigration Laws.

The controversial Arizona Immigration Law is responsible for driving out an exodus of undocumented families, in fear of criminal punishment. Many of the illegal immigrants are moving to other parts of the United States, while a few others are even returning back to Mexico.

The alleged Senate Bill 1070 has started fulfilling its goal of “attrition through enforcement” though it has not come into force yet. Many policy makers see the Arizona Immigration Law merely as a measure of distributing Arizona’s problems to other states. One solution to this problem would be to create a broader immigration reform that tackles the border breakdown issue as well.

While expressing his concerns over the immigration-law exodus, the U.S. Rep. Ed Pastor, D-Ariz., senior member of the state’s U.S. House delegation, stated that the President of the United States should immediately step into action, else there would be similar immigration reforms from every state of the United States. He expressed this on quoting the comments by Sen. Russell Pearce who stated that when other states begin passing their own immigration reforms, the President would be under immense pressure.
According to the Arizona Immigration Law, it is a criminal offense to be an undocumented immigrant in the country. It also entitles law officials to question whoever they suspect as illegal residents. This section of the law has raised alarms among many families, eventually leading them to flee the state. There are also a few others who wait for favorable amendments to be made in the law.

Many feel that this immigration reform by Arizona is an extreme measure taken up by the Arizona State Government.

Frank Sharry, Executive Director of America’s Voice, fears that the Arizona Immigration Law might become the American style ethnic cleansing that will terrorize all undocumented family members and drive them out of the state.

The Obama administration officials had recently stated their intent of filing a suit against the Arizona immigration law as a measure to mitigate the negative effects of the law. Though the officials had proclaimed this decision long back, Hillary Rodham Clinton, Secretary of State had affirmed it on an interview with a TV station in Ecuador.

According to Clinton, President Obama has expressed his disapproval of the Arizona law because he feels that the federal government is the right authority to determine an immigration policy. She had also said that a lawsuit would be filed by the Justice Department against the law. She further added that, President Obama’s main motive is to bring a comprehensive immigration reform.

Jan Brewer, Arizona governor who passed the illegal immigrant law, retaliated against Clinton’s announcement and said that she was ready to put up a fight.

In accordance with Clinton’s announcement, the Justice Department recently filed suit against the Arizona immigration law, which is scheduled to be effective from the end of July. The suit requests the U.S. District Court in Arizona to bar the state from putting the law into effect. The state of Arizona and Gov. Jan Brewer were named as defendants in the suit. The reason stated in the suit filed was that Arizona immigration law disrupted the authority that the federal government has on immigration enforcement.

The law suit claims that the Arizona immigration law aims at removing illegal immigrants, but is unmindful of the other immigration objectives. The suit also puts forth that according to the United States Constitution, Arizona cannot use its own state-specific immigration policy to replace the federal government’s immigration regime. And that this policy would only interfere with the federal governments responsibilities.

Attorney General Eric Holder also opined that this illegal immigrant law will affect the country’s safety as it would divert federal resources from other dangerous sources, such as terrorism suspects and individual with criminal records.

A national art project for children is being hosted by U.S. Citizenship and Immigration Services (USCIS) throughout the United States. Children are invited to create images that would portray the theme, “We Are America.” The pictures drawn by children are expected to answer the question, “People have come from all over the world to become Americans. Why does that make us great?”

The National Children’s Art Project will be hosted by USCIS in collaboration with public libraries and other community-based organizations that work for America’s immigrant communities in this summer. Submissions for the art project will be displayed in USCIS offices throughout the country. In the 2010 commemoration of the National Day of Service and Remembrance (September 11,2010) the children participants will be recognized.

Children who are aged between 5 and 12 years as of September 11, 2010 can get the submission form for the National Children’s Art Project from the nearest USCIS office. Submission forms can also be downloaded from USCIS.

U.S. Citizenship and Immigration Services requires children to submit their artwork on an 8.5 x 11 or 11 x 17 inch paper. Children can use any medium, including crayons, paint, color pencils, or collage to create their artwork. Accompanying the drawing should be a short paragraph of about 2-3 sentences describing the theme, “We Are America” and answering the question posed. USCIS will accept the entries from June 12, 2010 to August 16, 2010.

A completely overhauled web interface, especially for employers using the E-Verify Program has been released by U.S. Citizenship and Immigration Services (USCIS) after a year’s efforts. The web interface has been redesigned in order to facilitate the employers to have a more organized access to the E-Verify Program.

According to the Director of USCIS, Alejandro Mayorkas, the redesign is one of the ongoing efforts towards enhancing the E-Verify Program. He also said that the new web interface incorporates a new section expanded for customer support in addition to providing employers with a streamlined access to the program. He further added that the E-Verify system redesign corresponds to the USCIS.gov redesign that was launched in September, 2009, proving the efficiency and transparency of USCIS services.

More than 200 pages have been re-constructed to keep the user at ease. The navigation tools have been improved to ensure ease-of-use, significantly reduce errors, and allow immediate verification of those employers who are enrolling in E-Verify Program against commercial data.

In addition, the redesigned E-Verify web interface also includes a new home page with a new “case alerts” feature, enhanced case management, and organized tutorials. In order to make certain that only valid companies enroll in the E-Verify Program and protect their privacy, the new interface masks Social Security numbers.

E-Verify’s commitment to security, customer service, efficiency, and accuracy is evident in the redesigned E-Verify web interface. USCIS’s customer focus and its intention to maximize public’s trust on the program have also been emphasized through the redesign.

The updated tutorial has to be completed by all the current E-verify users. Upon completion, which takes about 20 minutes, the tutorial serves as a guide to the redesigned E-Verify web interface.
USCIS is partnership with the Social Security Administration operates the E-Verify Program. The employment eligibility of the newly hired employees can be verified by the employers through this web-based program.

USCIS is planning to revise the fees for immigration benefit applications and petitions. It has proposed a federal rule regarding the adjustment of the fee structure. According to the proposed rule, even though there would be a 10 percent weighted average increase in the overall fees for the immigration benefit applications and petitions, the naturalization application fee will in no way be affected. In order to the get the public opinion, the proposed federal rule has been posted to the federal register.

USCIS is primarily funded by the fees paid for applications and petitions by individuals seeking immigration benefits. The fee is accountable for about 90 percent of USCIS’s budget. In order to verify that U.S. Citizenship and Immigration Services are not facing any loss of income, review of its fee structure every two years has been made mandatory by the law.

Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services, expressed that USCIS is considerate about the effect of this proposed fee hike on the people. He also added that USCIS is also analyzing other cost cutting measures in order to reduce the impact of the proposed fee increase. Taking into account, the importance of becoming the citizens of the United States and the significant advantage it offers to the nation, the application fee for naturalization has not been increased.

Since the fiscal year 2008, the revenue generated from the fee for immigration benefit applications and petitions has remained low. Although there have been budgets cuts of around $160 million, under the recommendations from Congress, they were not adequate to compensate between the costs and expected revenue. Therefore, altering the fee structure by the proposed rule was inevitable in order to recover the costs.

In the proposed fee structure three new fees are intended to be added. They include a fee for Applications on regional center designations under the Immigrant Investor Pilot Program, a fee for Applications on Civil Surgeon Designation, and a fee to recover the cost involved in processing immigrant visas granted by the Department of State. Further, as the processing costs are low, the processing fees for certain individual applications and petitions will be reduced.
The public views on the proposed rule can be posted through www.regulations.gov till July 26, 2010.

Arizona immigration law heads to court, with $1.2 million war chest – CSMonitor.com.

First of seven lawsuits against tough Arizona immigration law is heard Thursday in federal court in Phoenix. Money from private donors across the US has flowed into a defense fund for the statute.

By Lourdes Medrano, Contributor / July 15, 2010

Tucson, Ariz.

As Arizona heads to court Thursday to defend its tough new immigration law in the first of several legal challenges, it has the backing of many Americans who have opened their wallets to show support for the border state.

Contributions to Gov. Jan Brewer’s special legal defense fund now top $1 million, mostly in website donations of less than $100 pouring in from all over the country. Arizona, California, Texas, and Florida are the states with the most online donors.

As of Tuesday, website contributions totaled $1,104934.63 from 23,955 donors, according to the governor’s office. Additional mail-in donations totaled $93,084, with contributions still coming in, says Tasya Peterson, a Brewer spokeswoman. The average donation is about $46.

The Republican governor set up the fund by executive order in late May to help the state defend its right to enforce the law, which requires local and state authorities to determine the status of suspects they believe to be in the country illegally. The law, which the governor signed in April, has spawned economic boycotts and seven lawsuits – including one by the US Department of Justice filed July 6 – that seek to stop law, known locally as Senate Bill 1070, from going into effect July 29.

The financial contributions surged after the Obama administration its suit, reflecting opinion polls that show strong support for Arizona. In a Christian Science Monitor/TIPP poll released Monday, 51 percent of Americans favor the state’s immigration law. Thirty four percent support the federal government’s case against the state.

Phoenix resident Carlie Murphy, a retiree who has lived in Arizona for five years, says she contributed $20 because the state is trying to address what the federal government has neglected. “Our federal government has not fulfilled its responsibility for a long, long time when it comes to illegal immigration.”

Jeanne Kurucz and her husband, Andrew, of Garden Grove, Calif., donated $25 because they don’t think the federal government should be suing Arizona. “We stand behind Jan Brewer and we think that the government should close the borders,” Ms. Kurucz says.

Brewer and her backers say Arizona had to act because the federal government has failed to secure the border, but critics say the law will encourage racial profiling and is unconstitutional because enforcing immigration laws is a federal duty, not a state responsibility.

It is difficult to accurately estimate how much legal costs will total, says Paul Senseman, Brewer’s communications director. “It depends on many variables including the outcome of the cases, possible appeals, if new cases are filed, if the federal government continues to sue the state, etc.”

Arizona’s defense rests in the hands of private lawyers. Attorney General Terry Goddard, a Democrat who opposes the law, withdrew from representing the state in court after continuing clashes with Brewer, a Republican. Both are running for governor.

Brewer hired Snell & Wilmer LLC, a corporate law firm based in Phoenix, to defend the state. Chairman John Bouma says attorneys are working long hours on behalf of the state. Adjusted hourly rates for the state’s primary attorneys vary from $225 to $450 per hour, according to the firm’s contract with the state.

Thursday’s lawsuit before US District Judge Susan Bolton was filed by Tucson police officer Martin Escobar. Various organizations, including immigrant-advocacy groups and the ACLU, filed subsequent legal challenges. The Justice Department suit contends that the law interferes with federal authority, and attorneys for both sides will argue that case before Judge Bolton on July 22.

Diversity Visa Lottery 2011 DV-2011 Results.

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2011 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 100,600 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2011 numbers will be used during fiscal year 2011 (October 1, 2010 until September 30, 2011).

Applicants registered for the DV-2011 program were selected at random from over 12.1 million qualified entries (16.5 million with derivatives) received during the 60-day application period that ran from noon on October 2, 2009, until noon, November 30, 2009. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.

Registrants living legally in the United States who wish to apply for adjustment of their status must contact U.S. Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2011 will end. Selected applicants who do not receive visas by September 30, 2011 will derive no further benefit from their DV-2011 registration. Similarly, spouses and children accompanying or following to join DV-2011 principal applicants are only entitled to derivative diversity visa status until September 30, 2011.

Only participants in the DV-2011 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2012 lottery if they wish. The dates for the registration period for the DV-2012 lottery program will be widely publicized during August 2010.

* The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV-2000.

The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2011 program:

Natives of the following countries were not eligible to participate in DV-2011:  Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R. and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

Considering the Tropical Storm Agatha, U.S. Citizenship and Immigration Services (USCIS) has reminded Guatemalans of certain immigration benefits available to them. These immigration benefits are available only on request to eligible Guatemalans. Taking into account the fact that an individual will face difficulties in maintaining his lawful immigrant status when there is a natural disaster, USCIS has decided to lend a helping hand with temporary relief measures for eligible Guatemalan nationals.

A Guatemalan national can request for an extension if his nonimmigrant status is about to expire, provided he complies with certain requirements. Though immigrants under B-1 and B-2 can secure an extension they are not permitted to work in the United States.

Along with the extension application Guatemalan nationals have to provide proof that the Tropical Storm Agatha was the reason for their failure to return to Guatemala before the expiration of their nonimmigrant status. Individuals who were in nonimmigrant status on May 29, 2010 will be allowed to file extension until July 29, 2010, after which they will be dealt on a case-by-case basis.

Guatemalan nationals who have already been granted parole can apply for a re-parole by submitting an expired or unexpired Form I-94, which has an expiration date between May 29, 2010 and July 29, 2010. If the extension is granted, the Guatemalan can file Form I-765 to request for employment authorization. Also, if a Guatemalan’s advance parole authorization expires between May 29, 2010 and July 29, 2010, their advance parole status will automatically be extended by USCIS.
On the other hand, F-1 academic students can apply for employment authorization based on the fact that their family is facing severe economic hardship and is not able to financially support their studies due to the natural disaster.

The processing of certain applications and petitions of Guatemalans will be accelerated by USCIS considering the urge for immediate relief. Form I-131 will be expedited to enable Guatemalan nationals travel quickly during an emergency.

A special children’s citizenship ceremony was hosted recently by U.S. Citizenship and Immigration Services at the Smithsonian’s National Museum of American History. This ceremony was held to initiate a week-long commemoration of Flag Day.

About 24 children from 18 different countries were administered the Oath of Allegiance by Alejandro Mayorkas, the Director of USCIS during the Flag Day celebration. During the course of the ceremony the significance of Flag Day was emphasized by USCIS Director. He stated that, “The flag is an important symbol of the principles these young new citizens will carry forward for years to come.”
During the children’s citizenship ceremony, a new children’s art project was also launched. Children aged between 5 and 12 years as of September 11, 2010 from all over the United States are termed eligible to participate in the project and are invited to create an artwork under the theme, “We Are America.” The drawing also needs to be accompanied by a short paragraph depicting the theme and answering the question, “People have come from all over the world to become Americans. Why does that make us great?”

USCIS offices all over the country will showcase the children’s artwork. The participants will be recognized during the commemoration of the National Day of Service and Remembrance on September 11, 2010. USCIS will work on this project in collaboration with public libraries and community-based organizations that assist America’s immigrant communities. Submissions for the project are required to reach the USCIS offices before August 16, 2010.

The weeklong Flag Day celebration was held from June 12 to 18. On June 14, a naturalization ceremony was also included in the celebration at Philadelphia’s Betsy Ross Historical Site where the first “Stars and Stripes” are believed to be sewn. To commemorate Flag Day, USCIS also organized naturalization ceremonies at the Colonial Williamsburg Historical Area in Virginia and the Homestead National Monument of America in Beatrice, Nebraska.