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  1. 5 More of the DREAM 30 Released from Custody

    by , 11-04-2013 at 10:10 AM (Matthew Kolken on Deportation And Removal)
    Fox News Latino reports that five more of the DREAM 30 have been released from custody. That brings us to 16 being released, with one individual being removed.

    Correction from DREAM 30 lawyer David Bennion: "16 have been released from El Paso, 9 others were released before from other locations. So of the original 34 people who entered, 25 have been released, one was deported, and [eight] are still detained at the El Paso Processing Center."

    I'll keep you posted as more information becomes available.

    Updated 11-04-2013 at 11:24 AM by MKolken

  2. Ted Cruz Wants to Shut Down CIR, Not Just the Government. By Roger Algase


    From the same Ted Cruz who brought us the government shutdown and a near blow-up of the world's economy, now comes a new act - shutting down (or blowing up) comprehensive immigration reform.

    The Hill provides details in its October 29 article Ted Cruz looms large over comprehensive immigration reform:

    thehill.com/homenews/senate/188422-ted-cruz-looms-large-over-comprehensive-immigration-reform

    The Hill writes:

    "Sen. Ted Cruz (R. Texas) has shaped the views of Republican leaders on immigration reform, and his sway with grassroots conservatives will make passing comprehensive legislation significantly more difficult."

    The article continues:

    "Cruz scored a victory in the battle for the hearts and minds of his party over the weekend when Senator Marco Rubio (R. Fla.) backed away from the Senate's overhaul of immigration laws."

    (See my Immigration Daily blogging: "Et Tu, Marco?" October 29).The Hill then states:

    GOP leaders, after President Obama's reelection last year, sounded more open to moving broad legislation on immigration, but their interest in doing so has waned as Cruz's power has grown.

    'There are going to be a lot of Republicans who don't want to be on the other side of Ted Cruz', said Rosemary Jenks, director of government relations at NumbersUSA, a group that advocates for reduced immigration flows."

    The same article also describes Cruz's opposition to a pathway to citizenship for 11 million immigrants who are currently without legal status, as well has his alliance with Iowa Republican Representative Steve King (who has called DREAMERs "drug mules", labelled all of Latin America as a culture of violence and compared immigrants to dogs).

    The Hill's article also reports:

    "Cruz, who has become an influential voice among House Tea Party conservatives, can help cement opposition to merging the broad Senate package with one of the broad Senate package with one of the narrower House bills that could pass there this fall.

    King does not want any immigration reform proposal to pass, fearing that one of the House piecemeal bills could be used as a vehicle to move the 1,200 page Senate bill."

    What gives just one Senator such as Ted Cruz so much power to block immigration reform, against the wishes of the great majority of Americans, including a wide coalition of business and religious groups in Cruz's own party who have been actively lobbying Congress in favor of reform (see Immigration Daily's October 30 editorial)?

    What gave this one man, Ted Cruz, the power to cause a partial shutdown of the federal government, throwing hundreds of thousands of loyal federal employees out of work and costing the US economy $24 billion, as well as putting the world's financial system in jeopardy, merely out of spite over a duly enacted law, the Affordable Care Act, which like CIR, would also benefit millions of minority and less affluent people?

    In order to answer these questions, which are essential to understanding why CIR, if not actually dead in Congress, is not showing very many signs of life, it is important to go beyond the superficial day-to-day headlines about the latest pronouncements that one or another spokesperson on either side of the issue may have made, and instead to look at the recent history of extremist right wing demagogy in the US.

    I refer specifically to Senator Joseph McCarthy (R-WI), with whom Senator Ted Cruz has so much in common. Since no ID reader under the age of 60 will have any personal recollection of the grave danger to our democracy that was caused by this one single Senator, I will elaborate on this point in a forthcoming post.


    Updated 11-05-2013 at 07:56 AM by ImmigrationLawBlogs

  3. Global Mobility Book: Argentina by Hťctor Gabriel Celano

    [This is an Excerpt from the Global Mobility Book. You can find more about the book and purchase it here.]


    SUMMARY


    Argentina is a federation of 23 provinces situated in South America. The autonomous city of Buenos Aires is its capital and largest city. It is the eighth-largest country in the world by size and the largest Spanish speaking nation. The estimated Population is 40,000,000 and it covers an area of 1,068,302 square miles.




    LEGAL SYSTEM


    Argentine legal system derives from Civil Law. The two principle pillars of the civil system are the Argentine Constitution (1853) and the Civil Code (1871). Argentina's Constitution, like that of most Latin American countries, is very explicit and it is the fundamental source of Argentine law. The Constitution entitles the Congress to enact the Codes concerning civil, commercial, criminal, mineral, labour and social security matters.


    The national government is composed of three branches:


    Legislative: The bicameral Congress, made up of the Senate and the Chamber of Deputies, makes federal law, declares war, approves treaties, and has the power of impeachment.
    Executive: The president is the commander-in-chief of the military and appoints the members of the Cabinet and other officers, who administer and enforce federal laws and policies.
    Judicial: The Supreme Court and lower federal courts, whose judges are appointed by the president with Senate approval, interpret laws and overturn those they find unconstitutional. There are two court systems, the Federal Court System and the Provincial Court System.




    VISAS


    The Argentine Immigration Law n? 25,871 was enacted in January 2004 and it guarantees immigrants the right to equal treatment, non-discrimination and access to educational, medical and social services. The Immigration Law sets forth the conditions immigrants must comply with in order to enter and stay in Argentina under four different categories: permanent residency, temporary residency, transitory residency and provisional residency. The regulation of the Immigration law was enacted in May 2010 with decree 616/2010, providing an interpretation and a clearer explanation on how the Immigration Law should be applied by the Immigration Department. Visitors from many countries do not need visas to enter Argentina as tourists (transitory residency) so they can enter the country just presenting their passport at the border or airport checkpoint. Tourist visitors from Australia, USA and Canada are required to pay a ?reciprocity fee? when visiting Argentina as tourists but visas are not required. The authorised stay for tourists is up to 90 days and this term can be extended for another 90 days at the Immigrations Department. For most residencies or visas other than tourist, a formal filing must be submitted at the Argentine Consulates abroad or the Immigration Department, in order to obtain the appropriate residency visa.


    Temporary Residency


    Temporary residencies are established in provision 23 of the Immigration Law 25,871, where more than 12 different subcategories are set forth, including the employment residency. Temporary residencies are typically granted for an initial period of 12 months, and renewable thereafter in similar increments. Temporary residents have an unrestricted right to work only during the term authorised by the Immigrations Department. Employers who hire foreign nationals without the proper immigrations work permits are subject to fines up to US$ 20,000 approx. per employee as of the date of this article.


    Employment Residency


    Argentine Immigration Law n?25,871 sets forth in provision 23 item ?A? the employment residency visas a ?temporary residency? subcategory.
    The work visas or employment residencies petition scan be processed at the Argentine Consulates abroad with an Entry Permit issued by the Immigrations Department or within the Argentine territory if the applicant has already entered Argentina typically as a tourist or a student, since the regulations do allow petitioners to adjust their status from tourists to workers without having to exit Argentina, in this last case the filing is done directly at the Argentine Immigrations Department in Argentina without the intervention of the Consulates. The physical presence of the employee is required the day the petition is filed since biometric data (fingerprints) will be taken for the issuance of the National Identity Card.
    Any employer willing to hire foreign nationals to work in Argentina and sponsor them for a work residency must first be registered at the Registry of Sponsors of Foreign Nationals (RENURE).
    In all cases, applicants of work residencies need a ?sponsoring employer? willing to offer them a labour contract which will have to be filed at the Immigrations Department along with the proof of registration of the employer at the Registry of Sponsors of Foreign Nationals. Self-employed applicants are not eligible for employment residency.
    Employers sponsoring an applicant for a work residency do not have to go through labour certification (prove that they are not displacing argentine workers) nor they have to prove that the foreign nationals have high levels of professional skills or qualifications needed by the Argentine labour market. There are neither restrictions nor quotas of foreign employees that companies or individuals can hire. Therefore the regulations are quite relaxed in this respect.
    Employers who wish to hire foreign nationals, as previously mentioned, must fulfill the registration at the RENURE and eventually immigrations could request the employer to prove sufficient economic capacity to pay the salaries of the sponsored worker. The salaries offered to foreign nationals by the employers must fulfill the minimum salary established by law or by the collective work agreements of the workers union.
    It is required that all applicants submit their criminal records background check from the countries where they have lived during the past three years prior to the petition. Names recorded in these records must be complete and stated identically as the names in the applicants? passport.
    Translation of documents that will be filed at the Argentine Immigrations Department must be translated by Official Public Translators of Argentina and legalised by the Association of Public Translators in Argentina, any other type of foreign and/or unofficial translations are not accepted.
    Something that is worth mentioning is that the Argentina regulations allow the worker to start working right from the first day he or she entered the petition of work residency or visa at the Immigration Department assuming that the petitioner is already present in the Argentine territory. This means that while the file is under review and pending, until a decision has been made, the applicant receives a provisional residency called ?Precaria? that allows him or her to start working right away and to obtain a social security number called CUIL at the local Social Security office called ANSES. If the petition is denied, this provisional authorization will be revoked.
    During the processing of the work visa, Immigrations randomly conducts inspections at the employer?s premises to corroborate that the worker is actually fulfilling on site the work relation that has been reported to immigrations with the petition. In the event of inspections it is important that foreign nationals have their proper documents with them: valid provisional residency, valid temporary residency and/or valid national identity card to prove their legal status.
    Upon termination of the employment agreement either by quitting or dismissal, the employer has 15 days to inform the RENURE about this termination and the circumstances related to it under penalty of fines and other sanctions.
    Sponsoring employers must keep their RENURE registrations up to date and have an obligation to serve notice to immigrations of any change in the work relationship with the worker such as dismissal or quitting. Failing to inform the Immigrations Department of any changes in the employment relationship can result in the cancellation of the registration as a sponsor.
    In summary, the steps for obtaining a work residency are: (i) proof of registration of the employer at the RENURE (ii) employment contract (iii) foreign and argentine criminal background check (iv)a proof of domicile. The filing fee of a work residency done within Argentina at the Immigrations Department is about US$ 125/-.
    Once filed the work residency petition, immigrations will issue the provisional residency that will allow the employee to obtain the social security number (CUIL) and later on to be registered as the employee of the company before the Tax Agency (AFIP). Once fulfilled the petitioner must inform Immigrations he or she is included in the payroll and duly registered at AFIP, so that Immigrations can grant the residency and after that issue the National Identity Card that will be received via mail in the declared address.
    Business Visas


    By resolution 1,171/2010 the regulations for foreign nationals who enter Argentina to conduct businesses or market research for investments. These Business Visas are considered to be the type mentioned under provision 24 item H of the Immigration Law.


    The type of activities allowed by this Business Visa are making business, trade or financial negotiations and it also includes those entering the country in order to participate in exhibitions or fairs.


    The term of stay for these business visas is two months tourist visas and one extension for a term of equal length is permitted, making in total four months stay for the petitioner.


    The filing is initiated at the Argentine Immigrations Department Entry Permit Unit by a representative of the immigrant and when the entry permit is issued, the applicant must present him or herself at the Argentine Consulate in the country where he lives, to have his passport stamped. Each Argentine Consulate abroad has some specific procedures that change from Consulate to Consulate on how to apply resolution 1.171/2010, so it must be checked on a case per case basis. The inviting company or institution will be required to be registered at RENURE.


    In general, the steps for obtaining a business visa are: ....


    [This is an Excerpt from the Global Mobility Book. You can find more about the book and purchase it here.]




    H?ctor Gabriel Celano, born in Argentina, graduated as a Juris Doctor from the University of Belgrano Law School. He participated in exchange programs at San Francisco State University where he completed his law studies. After working at top law firms in Buenos Aires, Mr. Celano founded "Celano& Associates", a young and dynamic law firm based in Buenos Aires that for over a decade has been helping immigrants and companies relocate, live and do business in Argentina. Mr. Celano is licensed to practice law in Buenos Aires Capital and Province Districts, he is licensed with the Argentine Supreme Court and he is a registered attorney at the Argentine Immigrations Department
  4. Gutierrez: Get Ready for Piecemeal

    by , 11-01-2013 at 10:48 PM (Greg Siskind on Immigration Law and Policy)
    House Democrat Luis Gutierrez, one of his party's leading voices pushing for immigration reform, told a Chicago Public Radio reporter today that the GOP. Gutierrez is the latest Democrat to suggest openness to the Republicans piecemeal approach (others including President Obama and Senator Dick Durbin). From Huffington Post:

    "We are going to do them piecemeal, but in the end you're going to have a full menu," Gutierrez said on Chicago Public Radio's "Afternoon Shift." Gutierrez has said before that he's open to a piecemeal approach to immigration reform, as long as it eventually includes different measures affecting security, the so-called Dreamers and new workers.

    Gutierrez acknowledged that Democrats need to change their strategy, given the current balance in Congress.

    "Democrats in the House of Representatives have to stop negotiating from the point of view that they're in the majority," he said. "We're not."

    Gutierrez also said that the piece of immigration legislation that is most likely to get passed will be a version of the Dream Act, which would provide a path to citizenship for the Dreamers, people brought to the United States as children who also meet other requirements.
  5. USCIS Launches Redesigned Websites

    http://www.hudsonlg.com/wp-content/uploads/2013/05/USCIS.jpg
    On October 30, the USCIS introduced new websites, in English and in Spanish.

    The new sites are designed to enhance the user experience. In the past, I’ve always had a difficult time finding the information I needed on uscis.gov. Because of this, I made sure that our website links to the most helpful pages on USCIS website from our temporary visas page, our green cards page, our citizenship page, our forms page, our USCIS page, etc. Hopefully, this saves our users a lot of time.

    However, it seems that it is much easier to find the information I need on the new USCIS website than on the old one. Bravo!

    The green menu near the top of the page contains the following items:


    1. Forms
    2. News
    3. Citizenship
    4. Green Card
    5. Tools
    6. Laws


    Place your cursor over the word “Forms”, and a pull-down menu provides links to a lot of useful information. The first row links to the most commonly searched for USCIS forms. The second row links to a chart showing the filing fees for various types of USCIS forms. It also links to a section regarding e-filing procedures and an explanation of how to order forms by phone and by mail. Finally, there is a link to the most searched for State Department forms and a link to the CBP page explaining the new I-94 procedures. The third row breaks down the forms according to category: Citizenship, Family-Based, Employment-Based, etc.

    Most of the other 5 menu items also have multiple rows of menu items which link to commonly searched for topics. The “Citizenship” tab links to various items concerning naturalization, citizenship through parents, and State Department passport information. The “Tools” tab provides links to a host of helpful services. It explains how to get a copy of your file, find a civil surgeon, check the status of your pending application, etc.

    Other menu items may still need a little work. For example, the “News” item contains only 3 links in the pull-down menu. While the “News Releases” and “Alerts” links are up-to-date, the “Questions and Answers” link stops in July 2012. Perhaps there is a reason for this, but if so, the page does not explain what it is.

    There are other items which need additional work. For example, when I worked as an INS Attorney (1976-82), I spent a couple of years interviewing persons claiming U.S. citizenship through their parents. The laws pertaining to “acquisition” and “derivation” of U.S. citizenship are complex, and the legal requirements change every few years. For this reason, INS Attorneys always relied on 4 handy charts published by the government.

    When I created our website in 1995, I wanted to link to these charts on the INS/USCIS website. However, it was extremely difficult to find them. When I finally did so, I linked to them from our “US Citizenship Through Parents” page. However, every few months, the government would change the URL/Address of these pages, thereby breaking my links. After repairing the broken links over a dozen times, I decided to put the 4 Nationality Charts on our website.

    Ever the optimist, I hoped that the new USCIS website would make it easier to find the 4 charts. In order to test my thesis, I placed my cursor of the “Citizenship” tab and down came the various menu items. I clicked on the link entitled “Citizenship Though Parents”. Two charts instantly appeared, but where were the other 2?

    I decided to try a new approach. I clicked on the website’s internal search engine which reads “What are you looking for?” and entered the words “Nationality Charts”. I got 89,900 results, but wait, the first 4 were links to the elusive Nationality Charts. Eureka!

    However, when I clicked on the first link, I did not see the chart, but the following message:

    Please be aware that the Adjudicators Field Manual (AFM) Chapters 71 to 76 and Appendices 71-1 to 75-7 have been superseded by USCIS Policy Manual, Volume 12: Citizenship & Naturalization as of January 22, 2013.

    Hmm… I then clicked the “Policy Manual” link, and from there, I clicked on “Part H: Children of U.S. Citizens”. This provided me with a lot of great information, but very complex. Where were the charts? Perhaps, if I were willing to spend a considerable amount of time clicking links, I would have found them, but for now, I’ll stick to my own website.

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    Updated 12-02-2013 at 01:11 PM by CShusterman

    Tags: uscis, uscis.gov Add / Edit Tags
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