Musings on Immigration

Republican Senators Kyl, Hutchinson and McCain have introduced a terrible version of the DREAM Act called the "Achieve Act".   http://tinyurl.com/bumbsmy This bill is a counterfeit form of the immigration relief that kids really need.  The bill gives a "W" visa, good for two years, to work and study, to kids but does NOT lead to permanent legal status.  The qualifications are as follows: Must have entered the U.S. prior to age 14; Must be under the age of 29 on day of enactment, or under the age of 32 if individual has a college degree; Must have 5 years continuous presence on day of enactment; Must possess a High school diploma or GED on day of enactment; Must have Good moral character, no felonies, not more than one misdemeanor with a jail term of 30 days with certain exceptions, no crimes of “moral turpitude” and no final order of removal (no exceptions for driving without a license); and A $525 fee! This bill will NOT pass.  And, we can demand rea...

Now that Republicans have come to the immigration reform table, we have to ask ourselves, what will immigration reform look like five years after it was last addressed.  One thing is certain, the leverage has changed, and there are new players are at the table. Not the least of which are " Dreamers ."  What would pass for immigration reform in 2007 under a weakened President Bush will NOT be enough to satisfy all of the constituencies demanding immigration reform in 2013. What We Almost Had In 2007 There has been some talk of reviving the bill written in 2007 under President Bush.  This would be a monumentally bad idea and would be terrible for the future of immigration to America.   Let's take a look at what was on the table from a handful of Republicans, some anti-immigrant, (Graham, Kyl, Sessions, DeMint, Vitter, and some McCain), and more pro-immigrant Democrats (Feinstein, Martinez, Specter, and Salazar).  The  Comprehensive Immigration Refor...

          Employment Eligibility Verification or E-Verify is an internet-based US government controlled system to help employers verify the employment eligibility of new hires.   The E-Verification program works in conjunction with the current I-9 forms that must be completed for every new hire.   YOUR OBLIGATIONS UNDER GEORGIA LAW             Congress is considering legislation that would mandate E-Verification participation nationwide and may expand the program to an employer’s current employees (E-Verification prohibits the use of the program on current employees).   We will know more about this movement after the Presidential election.   The Georgia Legislature, in a fit of anti-immigration vitriol, jumped on the E-Verify bandwagon in 2011.  Though many larger employers in Georgia have already been subject to the new law (those with MORE than 100 employees) smaller, private employers in ...

by Danielle Conley , Partner It is safe to say that although October has been quite a busy month in Immigration Court, it has been well worth it!   Just today, I won my sixth of six merit hearings on behalf of six different individuals and their families who now have the privilege of remaining together in the United States!      It all started on October 2, 2012, when the Atlanta Immigration Court correctly found that a mother and son who were both in removal proceedings were each in their own right entitled to green cards in the United States as a result of the impact that their loss would have had on the mother’s two teenage daughters.   Her eldest son became the man of the family after they were devastated by the deportation of their father in 2008, and the judge simply could not bear the thought of the emotional impact on the two girls if they then lost their mother and brother after everything they have already been through.   ...

by Rebecca Rojas Recently, there has been much talk about Mitt Romney’s statement that while he would honor the deferred action for childhood arrivals (DACA) program initiated by President Obama, he would not continue it.  This has created unrest among potential applicants, but I think it is still too early to give up on the DACA program. As the program progresses, and as we begin to see the benefits it brings, I believe that it will continue in place until a more permanent solution can be implemented. The benefits of the DACA program are particularly evident in a recent conversation I had with a small town business owner. This business owner had come to talk to me to see what he could do about “Pablo.”  The man looked almost apologetic as he explained to me that while he had favored limiting immigration, he wanted to help Pablo. Pablo, he explained to me, had been brought here as a small child and, upon high school graduation, had begun to help him in his business....

Tonight will be the first presidential debate between President Barack Obama and Governor Mitt Romney.  The debate will be held in Denver, Colorado, a state that has a high percentage of Latino voters. In adv ance of this debate, it is no surprise then that Governor Romney on  Monday   stated that he would honor the Deferred Action for Childhood Arrivals (DACA) policy that President Obama announced on June 15, 2012:   "T he people who have received the special visa that the president has put in place, which is a two-year visa, should expect that the visa would continue to be valid. I'm not going to take something that they've purchased," Romney said. "Before those visas have expired we will have the full immigration reform plan that I've proposed." I mention this news development because many in the immigration community have expressed a fear that Romney as president would revok e the policy and lead to a policy of deporting thousands, if not hundre...

In a press conference today, Director Mayorkas stated that the forms to be used in applying for DACA will be available on the USCIS website on Tuesday, August 14, 2012. The Form I-821D, along with the Form I-765 and the Form I-765WS will be required as part of the filing. The Form I-821D is the form to be used for actual deferred action status. The Form I-765 and Form I-765WS are the forms needed to applying for working permission and in showing the economic need to work. The Forms and supporting documentation will be accepted starting on Wednesay, August 15, 2012. There is NO deadline in filing. So, there is no rush to be the first to get a DACA Application in on the first day. It is best to take your time and make sure the forms are completed accurately and completely. Some good news in today's application is that to qualify for the education requirements, being "currently enrolled" also includes an education, literacy, or vocational training schools, and educa...