H1B Visa Lawyer Blog

January 24, 2011

AILA Profile: Representative Elton Gallegly (R-CA)

With the commencement of the 112th Congress on January 5, 2011, Representative Elton Gallegly (R-CA) was appointed to lead the Subcommittee on Immigration Policy and Enforcement.

Rep. Gallegly is best know for his restrictive immigration policies and push in creating the E-Verify program. He believes the solution to illegal immigration is straightforward: enforce current laws, eliminate incentives for individuals to illegally immigrate, and take away benefits we provide that make it easier for illegal immigrants to stay in the US. Since becoming a representative, Gallegly has chaired the Congressional Task Force on Immigration Reform which provided the fundamentals for IIRIRA in 1996 and he supported an amendment to IIRIRA that would have prohibited illegal immigrants from attending public school. Additionally, in 2006 he was named by Human Events Magazine as of the Top Ten Illegal Immigration Hawks in Congress and inducted in the US Border Control Hall of Fame.

Already since the start of the 112th Congress, Gallegly has proposed legislation to require the creation of electronic Social Security cards as well as an employment eligibility database. It’s likely we could see legislation from him being proposed on topics such as ending birthright citizenship, requiring the use of E-Verify, making English the official US language, and requiring proof of citizenship to receive benefits in the near future.

January 21, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, January 21st, 2011

by Kellie N. Lego

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa

Is the H-1B FY2011 CAP still open?

January 20, 2011

Alien Illegally Re-entered U.S.- Sentenced to 54 Months in Federal Prison

by Kellie N. Lego

Following an investigation by US Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Florida Highway Patrol and the Social Security Administration, Ronald Smith was sentenced to 54 months in federal prison on January 5, 2011.

Smith, a citizen of Jamaica had been deported from the U.S. in 2003 after being found guilty of several crimes including intent to distribute cocaine and illegal possession of a firearm as a convicted felon. After being deported, the investigation revealed Smith returned to the U.S. illegally and fraudulently used a U.S. citizen’s identity to obtain a driver’s license, job and health care. Smith was convicted of impersonating a U.S. citizen, falsely representing a social security number, aggravated identity theft, and illegal re-entry after deportation. After he serves his 54 month sentence in federal prison, Smith will be removed from the United States.

January 19, 2011

Updated Service Center Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on January 14, 2011 with processing dates as of November 30, 2010.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

January 19, 2011

Patterson and Federal Officials Reach Immigration Pact

by Kellie N. Lego

On December 30, 2010 New York Governor David Patterson announced that he had made negotiations with federal officials to protect illegal aliens in New York who don’t have criminal records. However, his efforts to appeal to his opponents and convince them of his newly adopted program were unsuccessful.

The Secure Communities program allows the Department of Homeland Security (DHS) to use fingerprints collected by the police to “detain and deport immigrants who are considered a threat to public safety and national security.” Patterson signed onto the program with DHS back in May of 2010 and the program is scheduled to go into effect by 2013. Though Patterson added new language to the agreement, which stated DHS would only focus on immigrants who pose a threat or have criminal records; Immigration Officials can still deport immigrants without a criminal background.

January 18, 2011

LATEST UPDATE: H-1B FY2011 CAP COUNT

by Kellie N. Lego

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 January14th, 2011 60,700 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

*USCIS will continue to accept REGULAR cap-subject petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

January 18, 2011

Maryland’s Own ‘DREAM’ Tuition Act

by Kellie N. Lego

This month Senator Victor Ramirez (D-MD) is expected to introduce a proposal to the General Assembly that if passed would offer illegal immigrants in Maryland who attended state high school for two years and whose parents pay taxes – IN-STATE TUITION.

Supporters of the bill explain it is suppose to encourage students who went to high school in Maryland to continue their education in college even if they are illegal immigrants. Back in 2003, Governor Robert Ehrlich Jr. (R) vetoed a similar bill, but supporters are hopeful that if it’s approved by the General Assembly, current Governor Martin O’Malley (D) will view the bill more sympathetically. California, Illinois, Kansas, Nebraska, New Mexico, New York, Texas, and Utah have already passed in-state tuition measures for illegal immigrants. Although a law barring all states from offering in-state college tuition to illegal immigrants unless the offer was given all across the country was passed in 1996, states have been able to pass in-state tuition measures by linking it to their attendance to a state high school. Not everyone in Maryland is likely to pass the proposed measure though, Delegate Patrick L. Donough (R-MD) recently called for an investigation into Montgomery College and their tuition benefits to undocumented workers.

MVP Law Group is hopeful Senator Victor Ramirez’s Maryland DREAM Act will pass in the General Assembly.

January 17, 2011

Improvements to Consular Report of Birth Abroad Certificates

by Kellie N. Lego

On December 22, 2010, the Department of State announced the implementation of a newly redesigned Consular Report of Birth Abroad Certificate. (CRBA). In the past, CRBAs have been printed at US Embassies and Consulates but beginning January 3, 2011, all CRBAs will be printed at the passport facilities in Portsmouth, New Hampshire and New Orleans, Louisiana.

This new streamlined and centralized process will allow the production of CRBAs to be more controlled as well as decrease the possibility of fraud. In addition to the production location change, CRBAs issued after January 3, 2011 will feature the title of “parent” instead of “mother” or “father.” This change was instituted in order to “provide a gender neutral description of a child’s parents and in recognition of different types of families.”

January 14, 2011

USCIS – “Enlace” Public Engagement (Spanish-language ONLY)

by Kellie N. Lego

The US Citizenship and Immigration Services (USCIS) is offering a Spanish-language only event called “Enlace” where agency updates will be given, a presentation will be shown, and an open forum for general questions will be conducted.

The topic for the event is “How Do I Help My Relative Become A Permanent Resident in the United States?”

The engagement is to be held on Saturday, January 29, 2011 at the USCIS Washington Field Office, 2675 Prosperity Avenue in Fairfax, Virginia, 20598 from 1:00pm to 2:30pm (EDT).

January 13, 2011

Updated List: SEVP Approved Schools

by Kellie N. Lego

The United States Immigration and Customs Enforcement (ICE) recently updated the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.