Articles Posted in Immigration News

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On November 23, US Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HIS) sentenced Bao Ping Wang and Trang Lu to 18 months in prison with two months probation for hiring and harboring illegal aliens. Along with their sentencing, the two defendants were required to pay $1.2 million, a combination of fines and payback of illegal proceeds gained. In addition, Wang agreed to deport from the US after serving out his sentence.

Wang and Lu managed companies called Hi-Tech Trucking, Inc. and SeaLands Food where they employed both legal and illegal workers. Wang and Lu knowingly hired the illegal workers, as they did not have proper documentation and credentials. The two also provided residence and food for their illegal employees. Their bank records showed that they made payments for the properties the illegal employees were staying at.

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On December 14, US Customs and Border Protection (CBP) announced the implementation of the pilot program “Ready Lane” which will go into effect Sunday December 19 and run for 90 days.

The “Ready Lane” pilot program will be located at the El Paso port of entry/Ysleta international crossing. It is a primary vehicle lane (lanes 9 and 10) open from 6am to 10pm that only accepts crossing travelers with a Western Hemisphere Travel Initiative (WHTI) Radio Frequency Identification (RFID) travel document. Being processed at the “Ready Lane” allows travelers to move through much faster because CBP officers do not have to manually enter the traveler’s information. The US passport, the new Legal Permanent Resident “green card” and the new Border Crossing Card are all RFID-equipped. CBP asks travelers planning to use the “Ready Lane” to remember three simple steps: (1) wait for a signal to move forward into the inspection lane, (2) remove your travel card from the protective sleeve and hold it up toward a window on the driver’s side so it can be read, and (3) stop at the inspection booth ready to present documents for any other passengers in the car.

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Question #1 – Temporary Work Visas – H-1B & L1A/L1B Nonimmigrant Visas

Does the new public law apply to transfer and extension petitions for nonimmigrant workers?

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The town of Brookline, Massachusetts has approved a measure that will someday allow immigrants with a green card to vote once voted on by the Legislature. Similar measures in San Francisco and Portland were turned down but because Brookline is such a highly diverse area where 53 languages are spoken and immigrants with green cards pay taxes and have a say in town affairs, many believed they should also be allowed to vote.

One Brookline resident said, “They live here, they should vote here. They’re going to be citizens, ultimately, if they have a green card.”

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On November 23, US Citizenship and Immigration Services (USCIS) launched their first-ever standardized form for requesting fee waivers on the fees charged for immigration-benefit processing (Form-912, Request for Fee Waiver).

The fee waiver is a reflection of contributions made by stakeholders, community organizations and the public after USCIS heard concerns that lack of standardization created confusion over the principles used to approve a waiver. The new Form-912 clearly states the criteria USCIS uses to evaluate a waiver.

USCIS is currently asking for feedback from the public and stakeholders on a new guidance memorandum reviewing the new policy for reviewing fee waiver requests at www.uscis.gov/outreach.

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Representative Steve King (R-IA) plans to take on birthright citizenship as likely chairman of a House subcommittee on Immigration.

King says that the Framers of the Constitution weren’t thinking about babies of illegal immigrants when they passed the 14th amendment in the Dred Scott case because there was no immigration law at that time. He plans to pass legislation banning “anchor babies,” with the plan that if there is any opposition, he can challenge it in courts or on the chance he loses, he will move for a constitutional amendment to change the practice. Other Senators have also spoken out against the 14th amendment and birthright citizenship. At least 13 state legislators have already started drafting bills that if passed would end birthright citizenship benefits.

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The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of December 10th, 2010, 52,400 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of December 10th, 2010, 19,100 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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US Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) charged Genova Navarro and Dianne Racity on November 17 for impersonating federal officers, aiding and abetting as well as harboring illegal immigrants. In addition to Navarro and Racity, Alicia Domench- Van Rhyn was charged with conspiracy charges.

The three women posed as federal immigration officers and employees offering special immigration benefits and faster application processing in return for substantial fees that their clients paid ranging from $5,000 to $18,000. The women fully knew while taking their clients money that they did not have the authority to carry out any of the promises they had made. If found guilty, the defendants could face up to 20 years in prison.

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According to Open Doors 2010, an annual report published by the Institute of International Education, there has been record growth of international students enrolling in US colleges and universities during the 2009-2010 academic year.

The rise was driven by a 30 percent increase in Chinese students enrolling in the US; Chinese students now account for more than 18 percent of foreign students in the US. The US Department of Commerce found international students contribute around $20 billion to the US economy in addition to their diverse perspectives, talents and ideas.

The Bureau of Educational and Cultural Affairs (ECA) sends emerging US leaders in many fields through an exchange program to more than 160 countries in hopes of promoting understanding. 40,000 individuals participate annually in the program and alumni of the program consist of over 51 Nobel Laureates and more than 340 current and past heads of state and government.

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After Marco Antonio Rua, chief engineer at the Wisconsin condominium in North Bethesda, was ordered by immigration authorities to leave the country along with his 17 year old daughter, residents of the condominium began working on his behalf.

His petition for permanent residency had been denied because it was not filed properly and therefore it was no longer legal for him to be in the US. The residents of the condominium, including Hawaii’s senator Daniel Inouye, petitioned Congress and the Department of Homeland Security to let Rua remain in the US. Their support for Rua was demonstrated through 333 signatures gathered for a petition in just 24 hours in addition to a total of $2,400 in donations to help with his legal fees. Since his arrival to the US in 1995, his efforts at the Wisconsin have saved the condominium thousands of dollars in maintenance and repairs.

Senator Inouye a co-sponsor of the DREAM Act which if passed would offer a path to citizenship for illegal immigrants advised Gail Shultie, the property manager of the Wisconsin, to contact Maryland lawmakers for support in Rua’s case.

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