Texas Immigration Lawyer & Attorney : Kraft & Associates Law Firm : Visas, Green Card, Citizenship, Deportation : Dallas, Texas

The American Immigration Law Foundation (AILF) has an interesting article that lists the approximate number of illegal immigrants in each U.S. Congressional District. The relevance of this information is to give an insight into the reasons for the immigration law votes of U.S. Representatives. For instance, in my own congressional district, the 32nd District in Texas, the approximate number of undocumented aliens is 120,000 -- slightly over 18% of the total population. Yet my Representative, Congressman Pete Sessions, is strongly against comprehensive immigration reform. Here are quotes from the article:

Introduction:

Over the past year, Congress has debated major changes to immigration law as a response to undocumented immigration. While this debate has relied heavily upon estimates of undocumented immigration at the national level, less attention has been paid to the number of undocumented immigrants in local areas--and almost no analyses have considered the size and scope of undocumented immigration in each of the 435 congressional districts. Yet the size of the undocumented population in each congressional district is an important consideration in gauging whether or not a representative's stance on a particular immigration policy or initiative has a basis in the actual, local impact of undocumented immigration.

An earlier IPC analysis showed that the number of undocumented immigrants was surprisingly low in the districts of key representatives leading the effort to restrict immigration. For example, there are relatively few undocumented immigrants in the districts of either Rep. Tom Tancredo (R-6th/CO), chair of the Congressional Immigration Reform Caucus, or Rep. F. James Sensenbrenner (R-5th/WI), chair of the House Judiciary Committee. Both were champions of H.R. 4437, the Border Protection, Anti-Terrorism, and Illegal Immigration Control Act--an enforcement-only immigration bill passed by the House of Representatives on December 16, 2005.¹

However, the extent of undocumented immigration in congressional districts is important for reasons beyond the interpretation of a representative's voting record. Undocumented immigrants are counted by the census, the population estimates of which are used to apportion congressional districts, to re-draw the districts of state representatives and senators, and to delineate districts for a wide variety of municipal services (schools, police, fire protection, etc.). In addition, undocumented immigrants have a significant impact on local economies if they are present in sizable numbers. On the one hand, they contribute by paying taxes, purchasing consumer items, and--increasingly--becoming homebuyers. On the other hand, they utilize health care and social services that can strain local and state budgets. Moreover, many undocumented immigrants live in households that include native-born children, meaning that the welfare of millions of U.S. citizens depends in large part on the welfare of their undocumented parents.

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Public Notice

USCIS REMINDS APPLICANTS TO APPLY FOR TRAVEL DOCUMENTS FOR HOLIDAY TRAVEL ABROAD BEFORE THE END OF OCTOBER 

U.S. Citizenship and Immigration Service (USCIS) anticipates an unusually high volume of requests for advance parole and other travel documents this winter, given  the occurrence of three major religious observances - Christmas, Hanukkah, and Hajj during the month of December. USCIS urges applicants needing a travel document (Reentry Permit, Refugee Travel Document, or Advance Parole) to file

Form I-131, Application for Travel Document (available online at www.uscis.gov), before the end of October 2006. 

If you are applying for renewal of your advance parole document (I-512L or I-512), USCIS will accept and adjudicate a Form I-131 filed up to 120 days before the date your current advance parole expires. If you currently have a valid reentry permit or refugee travel document that will soon expire, you may obtain a new reentry permit or refugee travel document by filing Form I-131 and returning the current document to USCIS.  A new Form I-131 may be filed regardless of the expiration date of your current reentry permit or refugee travel document.

Please Note:

Individuals requesting advance parole must be approved before leaving the United States. Travel outside of the United States without advance parole may result in serious consequences including being unable to return to the United States and having pending immigration-related applications denied.  An asylum applicant who leaves the United States on advance parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application absent compelling reasons for such return.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, stipulates that immigrants who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained advance parole. Those immigrants who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Immigrants who are unlawfully present and depart the U.S. and subsequently re-enter under a grant of parole, may nevertheless be ineligible to adjust their status.

USCIS recommends all immigrants with pending applications for adjustment of status check the USCIS website at www.uscis.gov, call customer service at 1-800-375-5283, consult an immigration attorney, or an immigration assistance organization accredited by the Board of Immigration Appeals before making any foreign travel plans.

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Lou Dobbs, the CNN commentator who is very much opposed to loosening restrictions on immigration, has written an interesting article about the proposed border fence. Here are some selected quotes from the article:

President Bush will sign the Secure Fence Act into law Thursday at a public ceremony in the White House Roosevelt Room, reversing his earlier decision to withhold the pomp and circumstance.

House Republicans demanded the formal proceedings for public relations purposes, claiming this fence is a major accomplishment for Congress ahead of our November midterm elections.

I've said from the beginning that we can't reform immigration laws until we control immigration, and we can't control immigration unless we control our borders and our ports. Constructing the border fence certainly is a good beginning to our efforts to control our borders, but let's be honest about the legislation: It isn't nearly enough, and far more must be done. A congressional victory lap isn't in order for funding only half of a 700-mile fence along a nearly 2,000-mile border.

Between 12 million and 20 million illegal aliens are living in the United States. But as that range suggests, no one -- not the Border Patrol, not Immigration and Customs Enforcement, not the FBI or the Department of Homeland Security -- has any true idea how many illegal aliens are here. Why not?

I suspect one major reason is the same federal government that refuses to secure our borders and enforce our immigration laws is determined not to accurately measure the number of illegal aliens in the country so as to further cover up both the cost of illegal immigration and the necessity of creating a rational public policy.

Illegal aliens are an important part of a one trillion-dollar underground economy in America, according to Barron's. Illegal employers hire illegal aliens who pay little or no income taxes, and whose children are provided free schooling. Illegal aliens receive medical and social services, and over the past decade have displaced more than two million low-skilled American workers from their jobs.

Increased drug trafficking constitutes another reason we must control our borders immediately. No matter how the government of Mexico resists, the Drug Enforcement Agency says as much as $25 billion in drug money crosses the U.S.-Mexico border each year. And that doesn't even count the money made from middleman and end-user transactions in the drug trade. In fact, more cocaine, heroin, methamphetamine and marijuana enter the United States from Mexico than from any other point.

Control of our border with Mexico must be established if we are to be successful in resolving our illegal immigration crisis and winning the war on drugs. We do want to win, don't we?

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Under the two-year-old Dallas Office Rapid Adjustment (DORA) program, applicants undergo on-the-spot interviews when they submit their visa petition and application for adjustment of status at the same time. Many of those who attend their DORA appointment, however, learn that they are not eligible to participate in the program. In order to participate in the DORA program, you must meet one or more of the following criteria:

1. The petition must be for a family member who has a visa immediately available to them (a spouse, parent or child of a United States Citizen),

2. The applicant was a Diversity Lottery winner, or

3. The applicant is a special immigrant with an approved I-360 Visa Petition.

There are many rumors and misconceptions about this pilot program among immigrants. Please understand that this is not an amnesty, nor is it President Bush's new proposal to grant work permits to illegal aliens. This is simply another option available to immigrants who would be otherwise eligible for adjustment of status.

Also, it is very important to make sure that you are eligible for adjustment of status when you use the DORA program. Prior removals, departures (voluntary or not) or refused admissions can have serious consequences on eligibility. Many applicants have been detained and deported without warning at adjustment interviews.

The DORA program was initially begun to adjudicate simpler cases. This system, however, is not for everyone. If you have any questions regarding your eligibility for adjustment of status, you may need to consult with an immigration attorney. It is important to make sure you are in one of the above-mentioned classes of persons eligible to obtain permanent residency at the time of your DORA appointment.

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The U.S. Department of State has issued the Visa Bulletin for November. You can see the entire bulletin at the State Department Web site. We have copied important sections below:

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

*NOTE: For November, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01DEC99. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT  MEXICO with priority dates beginning 01DEC99 and earlier than 01SEP01. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105 - 139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2007 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For November, immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2007 program ends as of September 30, 2007. DV visas may not be issued to DV-2007 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2007 principals are only entitled to derivative DV status until September 30, 2007. DV visa availability through the very end of FY-2007 cannot be taken for granted. Numbers could be exhausted prior to September 30.

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Today's Dallas Morning News includes three opinion columns regarding the 700 mile fence legislation recently passed by Congress. None of the three are complimentary to Congress.

Syndicated talk show host Lynn Woolley discusses the hypocrisy and cynicism of the Congressmen and Senators in passing border fence legislation as a "symbolic gesture," without funding legislation or any real expectation the fence will actually be built. Woolley says:

By dismissing recent border fence legislation as a "symbolic gesture," Sen. John Cornyn has accomplished one thing with conservatives: He made us wonder if we can ever trust him again.

The House, Senate and finally President Bush got on board for actually doing something to enforce our leaky, dangerous borders. A bill to build 700 miles of border fence passed by landslide numbers. Even John McCain and Hillary Clinton voted for it, as did Mr. Cornyn.

But now Mr. Cornyn tells us it was all for show, that the fence will never be built. He says it's too expensive and that Congress simply won't appropriate the money. He says this as if we should have known all along and were playing some little game.

Chicago Tribune columnist Steve Chapman also believes the fence will never be built, and says that if it is built, it will not be effective in preventing illegal immigration from Mexico. According to Chapman:

And what will this lengthy barrier accomplish if and when it is finished? It will certainly prevent transient Mexicans and Central Americans from crossing the border in the places where it stands. But it won't prevent them from crossing elsewhere, as they did when fences were erected in the San Diego and El Paso areas. Since the government began cracking down in those places, total illegal immigration has actually risen.

Instead of making their way through urban areas, undocumented foreigners have eluded capture by trekking across remote deserts and mountains, paying human smugglers to shepherd them into the United States. Instead of snaring more illegal entrants, we're now arresting fewer.

A longer, more formidable fence can once again divert illegal immigrants to more dangerous routes and increase the fees charged by smugglers to arrange passage. As long as higher-paying employment beckons to impoverished people on the other side of the border, though, the cost and risk will still look modest next to the potential payoff. The fence can make illegal entry harder, but it won't make it any less popular.

The third opinion is from Alvaro Vargas Llosa, director of the Center on Global Prosperity at the Independent Institute. Llosa concludes:

Most walls in the history of civilization were walls of necessity to keep enemies or freedom away. This time, it's a wall of choice. The choice to be seen to be doing something that everyone knows will never work - and may perhaps never actually be completed because, by the time they figure out how to erect the fence across the rugged bluffs and ravines of southern Arizona, Mexico could become a first-world nation and gringos could be flocking to the south!

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As election day rapidly approaches, it is important to understand the viewpoints each candidate for Texas Governor has on current immigration laws and proposed immigration reform. Understanding each candidate's viewpoint will help you make a better decision on November 7, 2006.

Currently, the U.S. is home to approximately 10 million undocumented workers and their families. It is estimated that there are over one million illegal immigrants living in Texas. Each candidate has developed a plan to deal with illegal immigration and secure the Texas border.

Current Republican Governor Rick Perry wants to take action to tighten border security. This will include using the National Guard to patrol the U.S./Mexico border. He will ask for $100 million to fund border security efforts and will authorize the building of "border jails" to hold illegal aliens.

Carole Keeton Strayhorn, an Independent and former City of Austin Mayor, states that she will provide double the power of the Texas Rangers so that they can lead state border security measures and she will provide them with $15 million to do so. She believes that Texas must do more to protect the borders along the Rio Grande and the Gulf of Mexico by taking all necessary steps to prevent illegal immigration.

Kinky Friedman, an Independent candidate, would like to send 10,000 Guardsmen to the border. He also wants to impose fines of up to $50,000 on companies that hire illegal immigrants, and require foreign workers to buy a taxpayer ID card and pass a criminal background check. He would also like to make the Mexican government fund the cost of illegal immigration in Texas.

Chris Bell, a Democrat and former Congressman from Houston, said that he wants to focus on employers who hire illegal workers, but has said that trying to deport illegal immigrants already here would be difficult. He also supports the McCain-Kennedy bill that would provide a so-called "pathway to citizenship" for millions of illegal immigrants already in the country, provided they had jobs, learned English, paid fines, and met certain other requirements.

Each candidate for Texas Governor has a different stance on illegal immigration and immigration reform, and your vote will help determine the future of immigration in the United States.

If you have any questions on how to become a citizen or where and how to vote, please contact us or visit www.immigration-law-answers.com.

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Maryland immigration lawyer Meetesh Patel has an excellent post about employer sanctions on his Immigration Law Blog.

Here is a portion of the post from attorney Patel:

Tips for Maintaining an Employer Sanctions Compliance Program

1. Set up internal protocols for handling I-9 forms, including training.
2. Do regular audits of your I-9 forms.
3. Complete section one of the I-9 form on the first day that an employee begins work. The remainder of the I-9 form must be completed within three business days. If a worker fails to bring the documentation required by the I-9 within that time period, you may fire them.
4. Do not request specific documentation from worker to verify employment eligibility. Let the workers choose from the list of acceptable documents listed on the I-9 form.
5. Do not accept any documents that are not originals except for those stated on the I-9 form.
6. If an employee provides a document that is not listed on the I-9 form, hand the document back to the employee and ask for another one from the I-9 list.
7. If during a review of your records you discover that I-9 forms from certain employees are missing, get the documentation from those individuals immediately.
8. If documentation provided by employees looks genuine on its face, do not ask for more proof as this can subject you to a national origin discrimination claim.
9. Keep all I-9 records for three years after the date of hire or one year after the date of dismissal, whichever is later.
10. Treat all employees and job applicants equally.

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The U.S. State Department has released information about how to register for the fiscal year 2008 Diversity Lottery. Entries must be received between noon (Eastern Time) on October 4, 2006, and noon on Sunday, December 3, 2006. Applicants may access the electronic Diversity Visa entry form at dvlottery.state.gov during the registration period. Paper Entries will no longer be accepted.

A maximum of up to 55,000 Diversity Visas (DV) each fiscal year will be made available to persons from countries with low rates of immigration to the United States. Citizens of countries that have more that 50,000 persons immigrate to the United States each year are not eligible to participate in the Diversity Lottery Visa Program.

Requirements for Lottery Entry:

1. Citizens of the following countries ARE NOT eligible to participate: Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Poland, Russia, South Korea, United Kingdom and its dependent territories, and Vietnam.

2. However, even if you are from one of the above-mentioned countries, you may still be able to participate in the Diversity Lottery program. First, if you were born in a country that is not eligible, but your spouse was born in a country that is eligible, you can register for the lottery. Second, if you were born in one of the ineligible countries, but neither of your parents was born there or resided there at the time of your birth, you may apply for the program if at least one of your parents was born in an eligible country.

3. Applicants must meet either the education or training requirement of the diversity lottery program. You must have EITHER a high school education (or its equivalent), OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. Visit the State Department Web site for a list of qualifying occupations.

If you cannot meet these requirements, you should NOT submit an entry.

Important Facts

1. Submitting more than one application will disqualify you from registration. Every application received will have an equal chance of being selected.

2. No fee is charged to enter the diversity visa lottery program.

3. Those applicants who are selected will be notified by the Kentucky Consular Center with specific instructions on how to proceed. Persons not selected will not receive any notification.

4. In order to receive the immigrant visa, you must meet all eligibility requirements under U.S. law. This means that persons who have previously entered the country illegally, have criminal convictions, or who are from countries identified as sponsors of terrorism will not be eligible for the visa.

For more information, please visit the State Department's detailed instructions for Diversity Visa Lottery application.

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