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    by , 05-15-2011 at 01:41 PM (Greg Siskind on Immigration Law and Policy)
    Youth-led organization United We Dream issued a scathing letter criticizing President Obama for using his recent speech on immigration as the basis for a fundraising ad.

    This week, President Obama addressed a crowd in El Paso, Texas regarding immigration Reform. DREAMers from across the country watched, waiting, and hoping to see a concrete action plan that would complement the next day's historic introduction of a bill that would bring relief to the more than 2 million Dreamers that would qualify for the DREAM Act. That same evening, President Obama sent out a fundraising email about his immigration speech. The Obama campaign email solicits for a contribution on their website and on Facebook to raise funds for his 2012 presidential campaign, using the DREAM Act.

    Instead of choosing to end our pain, he has chosen to use our suffering to grow his campaign. We find this both disappointing and offensive and demand that the Obama campaign take this ad down immediately. To see the Ad click here

    Leaders, activists, and supporters across the nation are angry by an immigration speech quickly followed up with a call for donations for passing the DREAM Act, asking people to pay for his leadership.

    Erika Andiola, leader in United We Dream (UWD), and the Arizona Dream Act Coalition said, "The president hasn't used his power to bring relief to immigrant families, but now expects people to make donations and grant him their vote. Obama, ˇAsí no se puede!"

    This Thursday, we launched a nationwide petition requesting the Obama campaign to take down these ads and focus on delivering results like stopping the deportations of DREAMers before asking for our money. Click here to sign the petition. "We Ask President Obama to take down these ads immediately and take real action in stopping our deportation as we join leaders like Senator Reid, Durbin and Reps. Ileana Ros-Lehtinen and Howard Berman in our fight to pass the DREAM Act," said Felipe Matos, UWD leader and member of Students Working for Equal Rights in Florida.


    by , 05-14-2011 at 08:08 PM (Greg Siskind on Immigration Law and Policy)

    Opponents of comprehensive immigration reform often point to the 1986 legalization bill as a great failure that should not be repeated. What they don't want to talk about are the great number of success stories for people who were able to become legal. One story that is making the news 25 years later is that of Ana Hernandez Luna who gave an extraordinary speech on the floor of the Texas House of Representatives where she told her own story of her life as a young undocumented immigrant in the 1980s.
    The Texas Observer reported on her remarks:

    Tuesday, after it was all said and done and HB 12 was passed, Houston Rep. Ana Hernandez Luna gave one of the most poignant personal privilege speeches in the history of the Texas House. Hernandez Luna told the chamber that she had grown up undocumented in Texas. The amnesty granted by President Ronald Reagan in the 80s had allowed her family to come out of the shadows, she said.
    "I remember the constant fear I lived with each day," she said. "The daily task to go buy groceries, it was a simple task for you but for us it was a death sentence because at any time one of my parents could be deported. Some say immigrant children are a drain on public schools. I don't consider myself a drain. I graduated at 16 with honors got a bachelors degree, got a law degree and was elected to the Texas House at age 27," she said. "I know firsthand the impact HB 12 will have on families who are undocumented, the fear mothers will feel when they go to the grocery store."

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  3. NPR: Navarrette: Latinos Should Form 'Tequila Party'

    by , 05-13-2011 at 04:47 AM (Matthew Kolken on Deportation And Removal)
  4. The BIA on Firm Resettlement

    Under the Immigration and Nationality Act ("INA") an alien who is "firmly resettled" in a third country is ineligible for asylum in the United States. See INA § 208(b)(2)(A)(vi); see also 8 C.F.R. § 1208.15.

    If Angelina Jolie shows up, it probably means you are not firmly resettled.
    It's been more than 20 years since the BIA issued an opinion on firm resettlement, and during that period, the various federal circuit courts have weighed in, creating a patchwork of inconsistent law across the U.S.  In a new decision, Matter of A-G-G-, 25 I&N Dec. 486 (BIA May 12, 2011), the Board has issued important guidance concerning firm resettlement.
    The BIA held that the Department of Homeland Security has the initial burden to make a prima facie showing of an offer of firm resettlement by presenting direct evidence of an alien's ability to stay indefinitely in a third country.  When direct evidence is unavailable, indirect evidence may be used if it has a sufficient level of clarity and force to establish that the alien is able to permanently reside in the country.  An asylum applicant can rebut this evidence by showing by a preponderance of the evidence that such an offer has not been made or that the applicant's circumstances would render him or her ineligible for such an offer of permanent residence.
    The failure to apply for permanent residence where it is available to an alien does not rebut evidence of firm resettlement.  Thus, evidence that permanent resident status is available to the alien under the law of the third country may be sufficient to make a prima facie showing of an offer of firm resettlement, and a determination that the alien is firmly resettled is not contingent on whether the alien applies for permanent status in the third country.
    It makes sense that the initial burden of proving firm resettlement is on the DHS-in most cases, an alien subject to the firm resettlement bar will have lived for a time in a third country.  In this case, the alien, A-G-G-, was a Mauritanian national who lived in Senegal for eight years.  He married a Senegalese citizen.  The fact that the alien resided in Senegal alerted DHS to the possibility of a firm resettlement bar, and they submitted evidence that A-G-G- could live permanently in Senegal.  A-G-G- then had an opportunity to rebut that evidence.  The fact that he chose not to apply for permanent status in Senegal was not sufficient-in and of itself-to avoid a permanent resettlement bar.  However, if there was some reason that A-G-G- could not live in Senegal, he could have presented that evidence and perhaps avoided the bar.
    Matter of A-G-G- seems to strike a fair balance between protecting an asylum seeker's ability to obtain asylum and preserving the government's interest in barring people who have permanent residency elsewhere.
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  5. Do you have what it takes to be a TN Management Consultant?

    Much has been said about the Management Consultant TN category, some classify it as the most difficult to obtain. In this installment of the TN Visa coverage, we will go over what it takes to be a Management Consultant for a company.
    The Management Consultant is a great way to work with almost any company, since companies are constantly seeking consultations on how to best manage their business. The Management Consultant is perfect for the professional who has a lot of experience working for different types of businesses or just one business. It is a great position for a person who wants to help a fledgling company increase their revenue, or for a well-established company seeking new ways to generate more revenue. If you have a background in Physics, you can be a Management Consultant. If you have a background in Engineering, you can be a Management Consultant. If you have a background in Internet Marketing, Public Relations, or Social Media even, you can be a Management Consultant. The Management Consultant is the most versatile TN position available. However, there are a few parts of the Management Consultant TN visa that must be addressed before applying as one.
    What it means to be a Management Consultant
    Although there are no guidelines under the provisions that govern the TN visa, the Occupational Outlook Handbook published by the U.S. Department of Labor offers some guidance on what a Management Consultant is expected to do. In essence, the Management Consultant is expected to analyze and propose ways to improve an organization's structure, efficiency, or profits. They are required to collect, review, and analyze information in order to make recommendations to the managers of a company.
    The Management Consultant must first define the nature and extent of the problem that they have been asked to solve. This is usually outlined in the job duties provided by the company in need of a Management Consultant. During their employment, the consultant will analyze relevant data--which may include annual revenues, employment, or expenditures--and interview managers and employees while observing their operations.
    The consultants then develop solutions to the problem. While preparing their recommendations, they take into account the nature of the organization, the relationship it has with others in the industry, and its internal organization and culture. Insight into the problem often is gained by building and solving mathematical models, such as one that shows how inventory levels affect costs and product delivery times. Once the Management Consultant has decided on a course of action, they report their findings and recommendations to the client.
    Their suggestions usually are submitted in writing, but oral presentations regarding findings are also common. For some projects, management analysts are retained to help implement their suggestions.
    In addition to the Management Consultant's role with the company, the consultant can work for a variety of different types of companies.
    A Management Consultant could be needed for a small company trying to improve its efficiency in some areas. A consultant could be needed for a large company that just opened a new division and therefore need to reorganize and restructure the jobs within the company. The consultant could come in to help a company enter a new market with its products, or help the company remain competitive within the market it currently competes in. Management Consultants also work for private and public organizations.
    Statements of Experience
    Under Appendix 1603.D.1 of the TN visa, the employee applying for this visa may either show they are a Management Consultant with a bachelor's degree in the related profession, or by showing the equivalent professional experience, as established by statement or professional credential attesting to five years experience as a management consultant.
    Now statements attesting to the five years experience can be offered through one or multiple individuals. If you worked in a management position for one company for several years, you could get a statement attesting to your consulting experience from that one company. If you worked at several places over the years, you can get statements attesting to your management consulting experience as well. So long as the statements add up to at least 5 years of management consulting experience, this requirement will be met for the position.
    Consulting Agreement
    In addition to having a well outlined consulting position in statements verifying one's consulting experience, a consulting agreement is also required when applying for the TN Visa. Because consulting positions are paid at an hourly rate, the consulting agreement will outline the agreement terms, compensation, confidential information provisions, privacy provisions, warranties, indemnification, and liability limits between the company and the consultant. It is used to demonstrate the nature of the consulting position to the immigration officer in that the consultant is not an employee of the company. Although a company may choose to put the Consultant on payroll and handle taxes as the two parties agree, the Consulting Agreement still shows how the Management Consultant is ultimately an independent contractor.

    Period of Consultation
    It is generally recommended that a Management Consultant position should last no more than one to two years. That means the duration of this TN Visa is shorter than what is allowable under the TN Visa provisions. The reason behind having a consultation agreement for one or two years is to ensure that the consulting job is for a reasonable time. The longer the consulting agreement lasts, the greater the justification for the need of a consultant for such a long period of time.
    Having a Managing Consultant for three years could raise the suspicions of the immigration officer for company's need to keep an independent consultant around for such a long period. This does not mean that the consulting position will only last one or two years. In fact, the consulting position could last longer since the TN Visa is renewable. This is an important consideration when trying to find a position as a Management Consultant.
    In short, the versatility of the Management Consultant position is great for getting a TN work visa in the U.S. Its open-ended requirements regarding education and work experience make working within any particular market as a consultant a fairly simple process. Having the right lawyer capable of using your work experience to meet NAFTA requirements as a Management Consultant is also important to ensure that you secure your position. Feel free to email us with any questions.
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