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by Stephen Parnell
We are receiving reports that violence in JuŠrez (site of the US Consulate) is a growing concern for our Mexican clients as more wealthy Mexican nationals utilize the EB-5 immigrant investor program to escape the violence in their home country.
A recent headline from JuŠrez stated:
"........ three men were killed in the Wall Bar, located next to the U.S. Consulate in this city (JuŠrez)"
Once an approved I-526 Immigrant Investor petition is issued by the United States Citizenship and Immigration Service to our Mexican clients, their immigration attorney will apply to the U.S. State Department for an appointment at the U.S. Consulate in Mexico. Our client must then present themselves, with their entire family, to be interviewed at the U.S. Consulate in JuŠrez before being issued a visa to enter the United States under the EB-5 visa program. Herein lies the problem.
A trip to the U.S. Consulate in JuŠrez could immediately identify the applicant as a wealthy individual, making them a prime target for kidnapping or assassination.
I am making an urgent plea to the U.S. State department and would encourage all EB-5 stakeholders, attorneys, and other interested parties to urge them to examine alternative locations, suitable for "Consular Processing" of EB-5 visa cases.
The current State Department policy endangers ALL EB-5 candidates applying for the EB-5 program in Mexico. Their current policy increases the possibility that an EB-5 applicant, and/or their family, will be needlessly killed or kidnapped at the final stage of their EB-5 journey, a journey that they embarked upon to escape the violence in Mexico.
It is now time that we do everything in our power to remove this needless threat to our clients and their families.
Las peligrosas entrevistas consulares para EB-5 en JuŠrez
-----------------IMMIGRATION DAILY FROM ILW.COM------------------March 9, 2011http://www.ilw.com/immigrationdaily/digest/2011,0309.shtmITEMS1. Comment: Out Of The Box - Mexican President Calderon visitedWashington DC last week, immigration was among the issuesdiscussed. Mr. Calderon complained about Arizona's immigrationbills, a result of that state's hyperactive legislature, and overwhich the Federal government has little control. Apparently, aproblem was the Arizona bill preventing undocumented childrenfrom attending school. That bill would violate the Plyer vs. Doedoctrine, which the Arizona state legislature may seek to test.The immigration issue is clearly at an impasse. There is no traceof forward movement on this issue in Washington, DC, or indeed inMexico City. We need creative ideas to start making some headway.In the spirit of brainstorming, we offer the following ideaswhich are controversial, provocative and out-of-the-box.++Craft CIR legislation that excludes Mexican nationals, i.e. thesingle largest number of potential beneficiaries.++An idea we have floated beforehttp://www.ilw.com/immigrationdaily/digest/2007,0413.shtmis to link some of the immigration benefits for Mexico to theprivatization of PEMEX the largest economic unit in Mexico.Making PEMEX modestly more efficient will make more sons anddaughters of Mexico happier to stay in their homeland, an outcomewhich would have the rare distinction of being something whichboth anti-immigrationists and pro-immigrationists can agree on.++To the extent to which Mexico seeks favored treatment from theUS, the US can well expect favored treatment from Mexico: Mexicantroops should serve alongside our troops whenever they are inharm's way across the globe.++The biggest bone of contention between the US and Mexico is notthe immigration issue but the drug issue. Legalizing Marijuana,which some say is less damaging than tobacco or alcohol, would bea way of diffusing tensions between the neighbors - the USCongress can do this unilaterally, without needing any Mexicanhelp.The purpose of raising these provocative ideas is not to push forany of them specifically, but to spur creation of more such out-of-box ideas to get immigration legislation moving again. Weencourage our readers to sound off on our blog about this.http://blogs.ilw.com/immigrationdaily/2011/03/09_out_of_the_box.html#comments2. Article: Form I-9 Document Alert: USCIS Issuing New Version ofEAD (Form I-766) Card by John Fayhttp://www.ilw.com/articles/2011,0309-fay.shtm3. Article: New Practice Tips To Ensure Success by Ed Pollhttp://www.ilw.com/articles/2011,0309-poll.shtm4. Bloggings: FSBPT To Have Fixed Testing For All Applicants byChris Musillohttp://www.ilw.com/articles/2011,0309-musillo.shtm5. Bloggings: March 10, 2011 - Coming Out - Undocumented,Unafraid, Unapologetic by Matthew Kolkenhttp://www.ilw.com/articles/2011,0309-kolken.shtm6. Bloggings: Twenty-Year-Old Mexican Police Chief-a/k/a theBravest Woman in Mexico-Files for Asylum by Jason Dzubowhttp://www.ilw.com/articles/2011,0309-dzubow.shtm7. News: DHS Publishes Final Rule On Deadline For StateCompliance On REAL ID Acthttp://www.ilw.com/immigrationdaily/news/2011,0309-dhs.shtm8. News: USCIS Updates H-2B Cap Counthttp://www.ilw.com/immigrationdaily/news/2011,0309-h2bcap.shtm9. Focus: The Consular Posts BookThe Table of Contents for "The Consular Posts Book" is asfollows:PART I. MAJOR CONSULAR POSTSA chapter each on - Argentina - Buenos Aires; Armenia - Yerevan;Australia - Sydney; Brazil - Sao Paulo; Canada -Toronto; China -Beijing, Guangzhou, and Shanghai; Colombia - Bogota; France -Paris; Germany - Frankfurt, and Munich; Haiti - Port au Prince;India - Chennai, Kolkata, Mumbai, and New Delhi; Jamaica -Kingston; Nigeria - Lagos; Philippines - Manila; Taiwan -Taipei; Trinidad and Tobago - Port of Spain; United Kingdom -London; Vietnam - Ho Chi Minh City.PART II. THEORY AND PRACTICEChapter 1: IntroductionChapter 2: New Attorney Vulnerabilities in International PracticeChapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATSSoup to NutsChapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correctingother Refusal Issues with the ConsulChapter 5: The Visa Waiver Program (VWP): Not As Simple and EasyAs It LooksChapter 6: Non-Immigrant Classes and Their U.S. Tax ObligationsChapter 7: E-1/E-2 Treaty Traders and Treaty InvestorsChapter 8: The Consular Role in L-1 Blanket PetitionsChapter 9: H-1B "Dependent Employees": From Labeling toLawbreakingChapter 10: Temporary Assignment of H-1B Employees to Client WorkSitesChapter 11: State Department Name-Checks and Security AdvisoryOpinions (SAOs)Chapter 12: ICE Data-Mining and Federal Benefits Fraud TaskForces - Send In the Marines: Best Practices to Survive Auditsand Task ForcesChapter 13: What to do if Your Client's Visa is Denied: VisaOffice Advisory OpinionsChapter 14: A Template for Attorney Risk-AssessmentPART III. THE CONSULAR POSTS RESOURCES ON CD-ROMFor contributor bios, more info, and to order, please see:http://www.ilw.com/books/ConsularPosts.shtm. Or for fax, please see:http://www.ilw.com/books/ConsularPosts.pdf10. Headline: Utah Legislature passes immigration reform packagehttp://ow.ly/4aRGWHeadline: RT @mkolken Utah State Senate OKs Utahns sponsoringimmigrants http://bit.ly/dSk1FiHeadline: RT @d17r Students to perform SB1070 play at ASU West,Capitol. http://ow.ly/4aPCQHeadline: RT @RaysFH Mass Immigration and the Dilemma of AmericanUnions http://bit.ly/e0IfvVHeadline: RT @LongIslandWins: What does the Arizona State Senateknow about US government? http://bit.ly/flRKpTHeadline: RT @buzzmontgomery Alabama House Committee ApprovesImmigration Bill http://goo.gl/fb/HAxJyHeadline: RT @cmnnews Students protest immigration billhttp://ow.ly/4aQWpHeadline: Immigrants Press for Passage of Maryland DREAM Acthttp://ow.ly/4aQpBHeadline: DREAMers Come Out: 'I'm Undocumented, Unafraid, andUnapologetic' http://ow.ly/4aQlsHeadline: Hammon's immigration bill passes committeehttp://ow.ly/4aQ69Headline: Pearce puts Arizona illegal immigration bills on holdhttp://ow.ly/4aQ3sHeadline: Senate committee reshapes driver's license billhttp://ow.ly/4aPOpHeadline: Couple gets caught up in national immigration schemehttp://ow.ly/4aPM2Headline: Chipotle workers quit ahead of immigration auditshttp://ow.ly/4aPJcHeadline: Johnson County added to fingerprint databasehttp://ow.ly/4aPCUHeadline: Nurse Immigration Book: your guide 4 preparing a case,understanding the nursing crisis & recruiting nurses. Get ur copyhttp://ow.ly/45IopHeadline: THE PHYSICIAN IMMIGRATION BOOK, reserve your copytoday! http://ow.ly/45ImRHeadline: Remarkable immigrant women: Jewish & Italian immigrantsfrom the Triangle Shirtwaist Factory fire http://ow.ly/4abh7Headline: Remarkable Immigrant Woman: Barbara Schaal, member ofPresidential Council of Advisors on Science http://ow.ly/4ab7cHeadline: Remarkable immigrant woman: Eugenia Brin, NASAscientist & Google founder Sergey Brin's mom http://ow.ly/4aaU0To submit an Article or a news item to Immigration Daily, writeto mailto:email@example.com. Follow ILW.COM on Twitter:http://www.twitter.com/ilwcom_________________________________________________________________CLASSIFIEDS1. Help Wanted: Immigration ParalegalCleveland, OH - Margaret Wong and Associates, LLPhttp://www.imwong.comseeks paralegal for immediate hire. Applicant must possess workexperience in the area of family and removal immigration as wellas strong writing and communication skills. Send resume + coverletter to: mailto:firstname.lastname@example.org. All resumes will be treated inconfidence.2. Help Wanted: Immigration AttorneyCleveland, OH - Margaret Wong and Associates, LLPhttp://www.imwong.comseeks to hire experienced family and removal immigration attorneyimmediately. Candidate must be an excellent researcher,communicater, and writer. Excellent advancement opportunitiesoffered, including partnership track. Send resume + cover letterto: mailto:email@example.com. All resumes will be treated inconfidence.3. Help Wanted: Immigration ParalegalDenver, Colorado - Ogletree Deakinshttp://www.ogletreedeakins.com/is seeking an experienced business immigration paralegal for itsDenver office. Candidates should have experience in businessimmigration law including preparation of H-1B, L-1, TN, O-1, P-1and E-1/E-2 petitions, PERM applications, EB-1 and PERM basedI-140s, and adjustments. Qualified candidates must haveexcellent organizational/communication skills and experience withone of the major immigration case management systems. Verycompetitive salary and excellent opportunity for professionalgrowth. No relocation assistance. Send resume and cover letterwith salary requirements to:mailto:firstname.lastname@example.org. Help Wanted: Immigration AttorneyWashington, DC - Boutique immigration law firmhttp://www.paulhaarlaw.comin downtown Washington, DC seeks experienced associate attorney.Ideal candidate will have excellent research, writing skills andclient relation skills. Must have demonstrated experience in allbusiness and family immigrant and nonimmigrant petitions andsignificant Immigration Court experience. BilingualSpanish/English a plus. Collegial atmosphere. No billablehours. Competitive salary and benefits. Resumes, refs andwriting samples to email@example.com. Immigration Law CertificateClasses offered both online and in-person. Master the complexand ever changing maze of immigration policies and regulationswith the Immigration Law Studies Certificate Program offered byCUNY's School of Professional Studies. This graduate-levelcertificate program, consisting of (3) three-credit classes,offers students who complete it a comprehensive understanding ofthe laws, regulations, and processes surrounding the status ofimmigrants in the US, including family and employment-basedimmigration and deportation defense. It is designed forindividuals working in law firms, companies, government agenciesand nonprofit organizations where they interact with immigrantsand immigrant legal concerns on a regular basis and wouldtherefore benefit from greater knowledge of the laws andregulations surrounding immigration. For more information onclass schedules, tuition and fees, course applications and toregister, see here.http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP6. J1 Visa ProgramFast, easy application process; 48-hour processing; $995processing fee. Welcome to HTP's world of internationalexchanges. We are a Department of State designated sponsor of theintern and trainee programs. We are the go-to sponsor fornumerous immigration attorneys. Email mailto:firstname.lastname@example.org,call 404.843.0688 or find us on the web at www.htp-usa.com.http://www.htp-usa.comTo place a classifieds ad in Immigration Daily, see herehttp://www.ilw.com/corporate/advertise_on_ilw.shtm_________________________________________________________________ReadersWrite1. ReadersWrite: Yesterday's Discussionhttp://blogs.ilw.com/immigrationdaily/2011/03/08_ten_years_of_archives.html#comments2. ReadersWrite: Today's Discussionhttp://blogs.ilw.com/immigrationdaily/2011/03/09_out_of_the_box.html#commentsTo submit an Article for consideration, write tomailto:email@example.com_________________________________________________________________ComingsNGoingsComingsNGoings: Immigration Event New York, NY, March 17 - AF3IRMis proud to present: "Arrivals/ Departures: Women's Experience ofMigration under Globalization". Five new and emerging artistswill join seasoned art practitioners at the upcomingARRIVALS/DEPARTURES exhibit. Their art pays witness to the humanexperience of migration, while serving as a testament to how thecreativity of women manifests itself in all parts of the world.For more info, seehttp://www.af3irm.org/2011/3/arrivalsdepartures-highlights-new-and-emerging-women-artists.Readers can share professional announcements (up to 100-words atno charge), email: mailto:firstname.lastname@example.org._________________________________________________________________The first daily in the field of immigration. Forward this to acolleague!Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062XAn Important disclaimer! The information provided on this page isnot legal advice. Transmission of this information is notintended to create, and receipt by you does not constitute, anattorney-client relationship. Readers must not act upon anyinformation without first seeking advice from a qualifiedattorney. 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by Chris Musillo
The Department of State has just released the April 2011 Visa Bulletin. This Visa Bulletin had very small progress in several classifications.
March 2011 Visa Bulletin
All Other Countries
Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
In October 2010, Marisol Valles became the police chief of Praxedis Guadalupe Guerrero, a small town near Ciudad Juarez, Mexico. Her predecessor had been beheaded by a drug gang, and the whole area has been plagued by horrific drug violence. No one else wanted the job, so Ms. Valles, a criminal justice major at a local college, stepped in. Mexican newspapers dubbed her "the bravest woman in Mexico," but now, sources in Mexico and the U.S. confirm that she has crossed the border to ask for asylum in the United States.
The bravest woman in Mexico is also smart enough to know when to run away.
Ms. Valles asked for an eight-day leave for a personal matter involving her child and said she would return on Monday. The town fired her after she failed to return and they could not reach her. Apparently, she received multiple death threats, and feared for herself and her family.
MSNBC reports that she is in the U.S. and will seek asylum before an Immigration Judge.
According to the Wall Street Journal, in northern Mexico, "hundreds of police officers have been slain by drug traffickers who have targeted officers' families, homes, and places of work." Nevertheless, the odds are not in Ms. Valles favor. According to statistics from the Executive Office for Immigration Review, of the 3,231 Mexicans who applied for asylum in Immigration Court in FY 2010, only 49 cases, or about 1.5%, were granted.
The reason for the low success rate is that people fleeing Mexican drug violence do not generally meet the definition of a "refugee," a person with a well-founded fear of persecution based on race, religion, nationality, political opinion or particular social group. While such people have a "well-founded fear," they generally cannot demonstrate that the fear is on account of a protected ground.
Another possible reason for the low success rate of Mexican asylum seekers is the U.S. government's fear of opening the floodgate to many thousands of people who fear the rampant violence in Mexico.
Given Ms. Valles's high profile, her odds of gaining asylum might be better than the average Mexican's (or even the average Mexican police officer's). Whether or not she succeeds in obtaining asylum, her case is another sad reminder of the difficulties faced by our Southern neighbor.
Originally posted on the Asylumist: www.Asylumist.com.