Archive for the ‘Processing of Applications & Petitions’ Category.
We’ve just wrapped up another H-1B lottery season, during which United States companies submit H-1B petitions on behalf of skilled workers to fill professional-level positions. This year, nearly 200,000 petitions were submitted for just 85,000 visas. Once again, the government must resort to a computer-generated random selection process to pick and choose between petitions, and the losers will include a lot of small businesses. The program does not take into consideration market demand, and many small businesses will be unable to hire the specific workers they need to grow and create jobs for U.S. workers.
How does the lottery work exactly? Simply put, employers file petitions, at a cost of several thousand dollars in filing fees and costs, and then wait to discover whether U.S. Citizenship and Immigration Services (USCIS) pulls the applicant’s “number” for processing. Only those petitions chosen in the lottery will be adjudicated by USCIS for jobs that can begin no later than October 1, 2018, the start of the federal fiscal year. If the prospect of building a business by pulling a number out of a hat seems counterintuitive to you, you aren’t alone. It is.
Continue reading ‘Our Immigration Laws Are Bad for Small Businesses’ »
Tuesday night, I spoke at a “Know Your Rights” event in Tucson, Arizona, to a large group of concerned and fearful refugees from all over the world, including countries such as Iraq, Eritrea, Ethiopia and Somalia. Afterward, I spoke individually to several of the attendees who expressed anguish about the anti-refugee sentiment being spread throughout the United States by both our state officials and the federal government.
One man explained to me that he came to the U.S. with the impression that we would welcome him. But now he feels unwelcome. He said he loves this country but is worried about what the future may bring to him and his family. It was so disheartening to hear this. Another man told me of the gut-wrenching decision he made to leave his native land. In making this choice, he has separated from his elderly father, and most likely will never be able to see him again as his dad is extremely ill. I had to explain to him that being unified with his father would either require humanitarian parole (unlikely) or take an extremely long time via immigrant petition. While it was incredibly difficult to listen to these stories, the experience once again re-affirmed my personal commitment to help refugees and push for laws and policies that reunite families.
Continue reading ‘Staining America’s Image’ »
The past 100+ hours have certainly been the most tumultuous we as immigration practitioners have seen in a long while. I could write another article or blog post about how many concerns we as lawyers have with the Executive Orders (EO) or how they were abruptly rolled out but that just keeps us stuck in the mud.
Rather, I was impressed by the response of immigration lawyers, corporations, schools, communities and the immigrants themselves. The call to action was swift and resistance was organized. Once it went public with protests, restraining orders and airport assistance, the press and politicians took notice. Communities came together to support the families of those affected and corporations and schools spoke out in support of their employees and their employees’ families who were directly impacted by long holds, refusals to board airplanes, and outright bullying to give up their green cards.
Continue reading ‘Standing Firm Against Discrimination’ »
I started working in the nonprofit sector in 2008, where I witnessed and helped a slow trickle develop into a healthy stream of Cubans on the West Coast needing representation. They refer to me as “la Chinita.” The Cubans, just like any other immigrant community, disseminate news amongst each other rapidly, both true and false. So, when President Obama announced the immediate elimination of the parole policy for Cubans, my phone and email inbox seemed to burst into flames with inquiries from concerned Cubans already in the United States awaiting their green cards, and from other attorneys that know of my large pool of Cuban clients.
Continue reading ‘Change in Policy for Cuban Immigrants’ »
(This is part two of a two part blog post; the first part can be found by following this link. Please note that all client names are pseudonyms)
As of October 31, 2016, there were more than 521,000 cases pending in our nation’s immigration courts – the most ever. By comparison, just 10 years ago, there were less than 169,000 cases pending; and five years ago, there were fewer than 300,000. Nationwide, Texas has the second most immigration cases with more than 93,000 total and 11,000 in Dallas. The immigration courts, which are part of the Department of Justice (DOJ), have hired some new immigration judges in 2016, bringing the total number nationwide to around 300. Dallas added one judge, upping the total number to six. But these appointments have been insufficient to address the backlog. On average, immigration judges have 1,500-1,800 pending cases. According to some studies, it would take each judge about 2.5 years to adjudicate all of the current cases in the system. But with more new cases being filed each month than being closed, the backlog continues to grow.
My client Ali came to the United States in early 2011 seeking asylum because government agents in Ethiopia repeatedly arrested and tortured him for his political activities and because he belongs to a minority ethnic group. During one period of detention, government agents whipped him with electric wire and threatened to inject him with HIV-infected blood. His case was referred to the immigration court in June 2012. His hearing was originally scheduled 2 years out from his initial court date, and then cancelled and reset to the spring of next year – more than 5 years after he originally applied for asylum. Meanwhile, back in Ethiopia, police continue to question his mother and brothers regarding his whereabouts. Although Ali appears stoic, a psychological evaluation recently revealed that these repeated delays have taken a significant emotional toll on him.
Continue reading ‘Asylum Backlogs Wreak Havoc with Our Clients’ Lives, Part 2’ »
(This is part one of a two part blog post; to read part two, please follow this link. Please note that all client names are pseudonyms)
Sitting across the conference room table from Imani, we broke the bad news.
“We are so sorry, but your hearing tomorrow is cancelled. It’s been rescheduled to the end of the year.”
She burst into tears. Letting everything out at once, she sputtered, “Why again? Why is this happening?”
None of us were surprised by her reaction. When the call came the prior afternoon, we could not believe it. The court administrator explained that Imani’s hearing was being postponed. Again. Susan, the volunteer attorney who was the lead on Imani’s case, desperately pushed back. “We only have one witness. We think our case will be done in an hour and a half.”
The administrator paused, but stood firm. Without any explanation, the case was rescheduled 11 months out and there was nothing we could do about it. No matter that we had spent countless hours over the past month preparing, and were completely ready to present Imani’s case in court. No matter that this was the second time that her case had been rescheduled at the 11th hour. No matter that each time we prepared Imani for her testimony she had to relive the worst days of her life, when she was arrested in her home country, held for days, and repeatedly raped. No matter that once again, devastated, she would have to wait to see if she would be granted asylum in the United States, securing permanent safety and peace, and finally be able to look ahead with hope.
Continue reading ‘Asylum Backlogs Wreak Havoc with Our Clients’ Lives, Part 1’ »
By now, it is no longer a surprise to learn that many immigration lawyers, and the clients they serve, live in certain “hostile jurisdictions,” where it is almost impossible to win an asylum case no matter the facts. In places like Atlanta, Georgia, and Charlotte, North Carolina, people seeking asylum, and the attorneys fighting for them, know they are likely going to lose no matter how strong the case, or how real the fear. Going into this kind of battle expecting to lose takes a special type of courage, and a lot of support, because as a lawyer, you know that no matter how well prepared you are, no matter how much you think the law is on your side, the deck is still stacked against you.
But the deck shouldn’t be stacked against anyone because immigration law in the United States is, after all, federal law, and as such should be applied uniformly, from California to Georgia and from New York to Florida. An asylum claim presented in a court in California should be evaluated under the same law and have the same chances of approval as an asylum claim in Georgia or North Carolina. But AILA members know that this is simply not the case. We know that, no matter the facts, the claim of an asylum seeker in a hostile jurisdiction like Georgia or North Carolina is not evaluated under the same standards as asylum seekers in the rest of the United States.
Continue reading ‘The World is Watching’ »
The Supreme Court on November 9, 2016, will hear arguments in Lynch v. Morales-Santana, a case in which AILA submitted an Amicus Brief, along with the National Immigrant Justice Center (NIJC) and Northwest Immigrant Rights Project. The case, which will address and better define how citizenship passes to children born to Americans overseas, has the potential to affect numerous children by eliminating current distinctions based on the biological sex of an unwed U.S. citizen parent.
In Morales-Santana, the Second Circuit ruled that the petitioner, who was born out of wedlock to a U.S. citizen father and a non-U.S. citizen mother, should not have been treated differently as to the status of his citizenship under the equal-protection clause of the Fifth Amendment, reversing a lower court ruling. If the Supreme Court upholds the Second Circuit’s decision, the Court will create equality under the law for children born to an unwed U.S. citizen parent, regardless of the parent’s gender.
Continue reading ‘American Parents Overseas Should be Treated Equally’ »
October is Domestic Violence Awareness Month, which is intended to shine a light on the human right to be free from violence, ensure that all victims of domestic violence know they are not alone, and foster supportive communities that help survivors seek justice. In the United States, twenty people are victims of physical violence by an intimate partner each minute. Most victims don’t come forward because it is not safe; in fact leaving an abusive relationship is often when victims are at the greatest risk of homicide by their abusive partners.
Immigrant victims are particularly vulnerable as they often live in the shadows of society and face additional challenges to reporting abuse and/or leaving an abusive relationship. These barriers include fear that police contact may lead to deportation, separation from children and other family members, language barriers, isolation, and fear of being ostracized by their families or communities for coming forward. Many undocumented immigrant victims are not aware that they are protected by U.S. laws and have options for escaping the violence. They don’t know that they have access to police or court protections.
Continue reading ‘Shining a Light on Domestic Violence to Assist Immigrant Victims’ »
On June 15, 2012, President Obama changed many lives for the better with his historic announcement of the Deferred Action for Childhood Arrivals (DACA) initiative. This critical and necessary action by the President went into effect on August 15, 2012 when young people were able to take the piles of paper they had compiled to prove they were eligible and apply for DACA.
Today marks the 4th anniversary of those first applications, and is cause to celebrate, but also to push for further expansion of this program. In the face of inaction by Congress, the executive branch has been able to help thousands of young immigrants and their families. Government figures show that to date, more than 728,000 individuals have applied for DACA out of an estimated 1.16 million who are eligible. It is a good start, but much more needs to be done.
Some were critical of President Obama for this initiative, but, he used his legal authority to help young people in a system where reform is long overdue. Children, brought to America, some as young as a few months old, were growing up only to find out that the only country they have ever known is a place where they have diminished rights and are at risk of deportation. Some of the clients I have worked with didn’t figure out they weren’t U.S. citizens until they were trying to get a driver’s license or applying to college. Most of these kids didn’t have a choice to come here and never chose to violate any immigration law. President Obama recognized that they should not be punished.
Continue reading ‘DACAversary’ »