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

According to a Dallas Morning News Article, Texas House State Affairs Committee Chairman David Swinford plans to eliminate a significant number of pending bills that have been designed to target illegal immigration. He states that the majority of these bills are in violation of either federal law or state law, and would therefore be a waste of time for consideration before the Texas Legislature. Here are excerpts from the article:

Among the bills that will remain alive is a bill that would require police to ask about citizenship status, a bill to require proof of legal residence in order to pay in-state tuition, and resolutions urging the federal government to tackle illegal immigration. One of the bills that will not go forward is one that was designed to test the "birthright citizenship" principle, under which all children born in the United States are citizens, even if their parents are illegal immigrants.

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The United States currently has a severe shortage of licensed nurses, and this is expected to intensify as baby boomers age and the need for health care grows. To address this concern, the U.S. implemented a visa category allowing nurses to obtain permanent residency. The problem with this, however, is that nurses who are eligible to obtain their green card must wait several years before their visas become available. The H-1C visa is an option for nurses who want to work in the U.S. prior to their permanent residency approval.

In 1999, the U.S. Congress passed the Nursing Relief for Disadvantaged Areas Act. This law created the H-1C visa category that allowed foreign registered nurses to work in the United States for up to three years in certain health professional shortage areas. The law allows for up to 500 nurses per year, with each state limited to only 25 H-1C nurses. This category is open to general RN positions.

The H-1C visa program expired on June 13, 2005. However, effective December 20, 2006, it has been "reauthorized" (meaning it is open again) for another three years until December 20, 2009.

To qualify for H1C status, the beneficiary must:

* Have an unrestricted nurse's license in his/her home country, or have received nursing education in the United States;

* Have passed the CGFNS or have a full and unrestricted license to practice as a registered nurse in the state of intended employment; and

* Be fully qualified and eligible under all state laws and regulations to practice as a registered nurse in the state of intended employment immediately upon admission to the United States.

The H-1C visa allows registered nurses to work in the United States on a temporary basis. This visa also allows nurses to work in the U.S. while their immigrant visa applications are pending with Immigration Services.

The H-1C visa category is based on the former H-1A visa category for nurses, which expired on September 30, 1997. The H-1C classification is more restrictive, due to its numerical cap on the number of visas issued annually and its application only to underserved areas.

If you have questions about the H-1C visa or any other immigration matter, please contact our office.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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The Dallas Morning News had an interesting article this morning about the significant increase in the number of people applying for citizenship in the Dallas-Fort Worth area. According to the article, the number of citizenship applications received by Immigration Services has increased by over 78% when compared to this time last year.

Currently, there are about eight million people in the United States who qualify for citizenship. Last year, 702,000 people became naturalized citizens. Mexicans made up last year's largest group of new U.S. citizens.

Many groups believe that this surge in citizenship applicants is due in large part to the attention immigration law has received in the past year. The chance that citizenship filing fees going up soon has been an incentive for many people to go ahead and begin the citizenship process. In addition, there has been speculation over the last year that there could be a change in immigration law. This has prompted many people to begin their applications in the event that an unfavorable law be issued.

The upcoming elections have also prompted many to apply for their citizenship, as only U.S. citizens are allowed to vote.

The general requirements for becoming a naturalized citizen of the U.S. include:

* An ability to read, write and speak English. Exceptions include persons who have resided in the United States for 15 years or more and are 55 or older, or who have resided in the U.S. for at least 20 years and are at least 50 years old.

* Good moral character.

* Lawful admission into the U.S. for permanent residence (green card).

* Continuous presence as a lawful permanent resident in the U.S. for at least five years before filing with no single absence from the U.S. of more than one year.

* Renouncement of any foreign allegiance or foreign title.   

Finally, the citizenship process used to be which something which was relatively straightforward and easy to process. As the number of applicants increase, however, Immigration Services has become much more strict in determining who is eligible for U.S. citizenship. Minor errors or missing documents, which would have been overlooked in the past, are now used as a basis for denying the application. Should you need any assistance in your citizenship application, or if you are unsure if you are eligible for citizenship, please do not hesitate to contact Kraft & Associates.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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Earlier this month, Senator Barak Obama (D-IL) and Representative Luis Gutierrez (D-IL) introduced the Citizenship Promotion Act of 2007. This bill, if enacted into law, would authorize Immigration Services to request and receive appropriations that would make up the difference between current fees charged to citizenship applicants and the necessary resources needed to fund the Service.

The basic provisions of the Citizenship Promotion Act are as follows:

* Prevent Immigration Services from increasing the naturalization fees until Congress develops an oversight mechanism that would keep the USCIS from implementing unreasonable fee increases -- as the agency now is proposing.

* Improve the administration of the citizenship tests for English, U.S. history and government. The bill would require that the tests be administered uniformly nationwide, there be no extraordinary or unreasonable conditions placed on applicants taking the tests, and the age, education level, time in the United States, and efforts made by citizenship applicants would be taken into account when administering the tests.

* Establish a national citizenship promotion program, the "New Americans Initiative," to conduct citizenship outreach activities and make grants to non-profit organizations to help lawful permanent residents (LPRs) become U.S. citizens, help non-profit agencies conduct English language and citizenship classes for LPRs, and carry out outreach activities to educate immigrant communities to assist people to become citizens and assist with the application process.   

* Decrease the citizenship application backlog by encouraging the Attorney General to complete background checks within a reasonable period of time and without sacrificing national security.   

* Ensure that low-income eligible LPRs whose communities suffer the ill effects of the digital divide would have an equal chance to apply for citizenship as do other eligible LPRs.

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Each year 65,000 H-1B visas are made available so that foreign nationals can work in the United States on a temporary basis.  The H-1B category is designed to attract skilled professionals in specialty occupations to work in the U.S. on a temporary basis. A person must possess at least a bachelor's degree or its equivalent (through a combination of education and work experience) to obtain an H-1B visa.

The H-1B is suitable for occupations such as professors, researchers, engineers, computer specialists and software programmers - just to name a few. The H-1B visa is valid for a period of up to six years. 

The H-1B visa begins on October 1, 2007. This is the first day a person will be allowed to work on an H-1B visa. However, a company may begin the process on behalf of an individual much earlier than this. In fact, Immigration Services begins accepting H-1B visa petitions on April 1, 2007, which is just around the corner.

The H-1B visa cap is expected to be reached on the very first day that Immigration Services begins to accept the visa petition - April 1st!

If you are an employer wishing to hire a foreign national to begin working for your company, you must begin the visa petition process immediately. If you are an individual wanting to work in the U.S. on an H-1B visa next year, you need to discuss this option with your future employer as soon as possible.

If you are a foreign student graduating in May - then you need to begin thinking of the H-1B visa now so that you can apply for this and make arrangements to maintain immigration status until the October 1 start date.

Should you need any assistance in applying for H-1B status or any questions related to this matter, please do not hesitate to contact us. Kraft & Associates is available to help you with all your H-1B related concerns.

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What is an Employment Authorization Document?
Employment Authorization Document (EAD) is a document that authorizes an foreign national to work in the U.S. for a period of time, usually one year. It is also called a work permit. 

How do I apply for Employment Authorization?
You must file a Form I-765 (Application for Employment Authorization) by mail with the USCIS Service Center or District Office that serves the area where you live. You must also submit other supporting documents, photos, and fee.

Do I need an EAD Card?
Maybe. Some types of visas allow a person to work in the U.S. without first obtaining an employment authorization card. If you are in the U.S. on an H-1B visa, for example, you do not need to obtain an EAD card since you are in the U.S. on a work visa.

How long should I wait for the EAD?
It usually takes three to six months to process the EAD application. Processing times, however, are always changing, so it may take more or less depending on how backlogged Immigration Services is.

What should I do if my EAD application is denied?
If your application for an EAD is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision, but you may submit a motion to reopen or a motion to reconsider with the office that denied your application. If that is denied, you will either have to reapply or forego employment authorization in the United States.

What should I do if my EAD card gets lost or stolen?
You may apply for a replacement EAD card. Contact USCIS Customer Service at 1-800-375-5283 and an Immigration Services Customer Representative will be able to help you.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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According to a story in the New York Times today, "A new federal rule intended to keep illegal immigrants from receiving Medicaid has instead shut out tens of thousands of United States citizens who have had difficulty complying with requirements to show birth certificates and other documents proving their citizenship, state officials say." Other excerpts from the story:

Under a 2006 federal law, the Deficit Reduction Act, most people who say they are United States citizens and want Medicaid must provide "satisfactory documentary evidence of citizenship," which could include a passport or the combination of a birth certificate and a driver's license.

Some state officials say the Bush administration went beyond the law in some ways, for example, by requiring people to submit original documents or copies certified by the issuing agency.

The numbers alone do not prove that the decline in enrollment was caused by the new federal policy. But state officials see a cause-and-effect relationship. They say the decline began soon after they started enforcing the new rule. Moreover, they say, they have not seen a decline in enrollment among people who are exempt from the documentation requirement -- for example, people who have qualified for Medicare and are also eligible for Medicaid.

Medicaid officials across the country report that some pregnant women are going without prenatal care and some parents are postponing checkups for their children while they hunt down birth certificates and other documents.

The principal authors of the 2006 law were Representatives Charlie Norwood and Nathan Deal, both Georgia Republicans. Mr. Norwood died last month.

Chris Riley, the chief of staff for Mr. Deal, said the new requirement did encounter "some bumps in the road" last year. But, he said, Mr. Deal believes that the requirement "has saved taxpayers money." The congressman "will vigorously fight repeal of that provision" and will, in fact, try to extend it to the Children's Health Insurance Program, Mr. Riley said. He added that the rule could be applied flexibly so it did not cause hardship for citizens.

In general, Medicaid is available only to United States citizens and certain "qualified aliens." Until 2006, states had some discretion in deciding how to verify citizenship. Applicants had to declare in writing, under penalty of perjury, whether they were citizens. Most states required documents, like birth certificates, only if other evidence suggested that a person was falsely claiming to be a United States citizen.

In Virginia, health insurance for children has been a top priority for state officials, and the number of children on Medicaid increased steadily for several years. But since July, the number has declined by 13,300, to 373,800, according to Cindi B. Jones, chief deputy director of the Virginia Medicaid program.

"The federal rule closed the door on our ability to enroll people over the telephone and the Internet, wiping out a full year of progress in covering kids," Ms. Jones said.

State and local agencies have adopted new procedures to handle and copy valuable documents. J. Ruth Kennedy, deputy director of the Medicaid program in Louisiana, said her agency had received hundreds of original driver's licenses and passports in the mail.

Barry E. Nangle, the state registrar of vital statistics in Utah, said, "The new federal requirement has created a big demand for birth certificates by a group of people who are not exactly well placed to pay our fees." States typically charge $10 to $30 for a certificate.

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According to the Washington Alliance of Technology Workers, Microsoft Chairman Bill Gates today told U.S. Senators that the country is facing an "acute crisis" in its shortage of engineering professionals and those professionals with the right skills will be guaranteed a good paying job. Excerpts from the article:

Gates declared, "The demand worldwide will guarantee them all jobs. Anyone in the United States, not only will they have a high paying job; they will create many around them. We are increasing our employment."

Gates' rare appearance before the Senate Health Education Labor and Pension Committee today urged passage of a bill titled "Strengthening American Competitiveness for the 21st Century." The committee only heard testimony from the Microsoft Chairman.

According to Gates, this worker "shortage" is hurting America's ability to compete in the global economy and the solutions primarily involve reforming the H-1B visa program and the U.S. education system to improve math and science curriculum.

The H-1B visa program allows skilled foreign guest workers to enter the country for up to six years to fill spot labor shortages in high skilled areas. Under current law, the program allows for 65,000 new H-1B visa guest workers a year, with some exemptions that can raise that number to 120,000. The program is highly controversial and is one of the biggest divides between labor and management in the technology sector. Labor groups argue that expanding the program creates a labor market where too many workers are competing for too few jobs which will have the effect of depressing salaries for professionals in the field.

From Gate's perspective, the majority of engineering professionals at Microsoft earn six figures a year or more, and he believes this is also true for guest worker employees under the H-1B visa program. For Gates, a $100,000 a year salary for a guest worker computer professional means "we should welcome as many as we can get."

One Senator asked Gates about what is a good number above 65,000 that the Senate should consider. "300,000 would be a fantastic improvement," was his reply.

Despite all of the outsourcing of high-tech jobs overseas the U.S. will still have a strong IT industry said Gates. Sen. Bernie Sanders (I-VT) cited a figure of 600,000 jobs lost in the high-tech sector.

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The American Civil Liberties Union has officially filed a lawsuit against federal immigration officials at the T. Don Hutto immigration detention facility that is located in Tyler, Texas. The lawsuit is brought on behalf of the children confined at this facility.

The ACLU claims in its lawsuit that both adults and children are being detained at this facility in jail-like conditions and that the children are not being provided with adequate schooling or medical care. The ACLU also states that the children are not allowed to bring either books or toys into the facility.

Many of the people who are currently detained in the facility are those who are seeking asylum in the United States. They could potentially wait more than 200 days before they are scheduled for a hearing with an immigration judge who would decide whether they will stay in the U.S. or be deported.

The ACLU's main argument for the release of the children from the detention facility is that it is against the law and against American values to place children in a jail-like setting, without access to school or recreation.

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This morning, officers from the Texas Department of Public Safety stopped a van for routine traffic violations in Canton, Texas. Upon inspection of the van, DPS officers began to suspect that the occupants of the vehicle were illegal aliens. At that time, the officers contacted Immigration and Customs Enforcement, and immigration officials were at the scene within twenty minutes.

The occupants of the van were questioned as to their immigration status in the United States. It was determined that the nineteen occupants of the van were all in the U.S. illegally and entered the U.S. from Mexico.

All occupants of the van have now been taken into custody by immigration officials, and the U.S. Attorney's office has accepted the case and will prosecute the driver of the van. Some of the occupants of the vehicle will be allowed to remain in the U.S. temporarily in order to act as material witnesses against the driver; the other illegal aliens will be processed to return to Mexico.

This is an example of a growing debate in Texas -- should state or local police officers have the authority or the responsibility to check the immigration status of people they encounter. Many conservatives think the police should do this. The other side of the argument is that illegal immigrants will be afraid to report crimes, even violent crimes, if they think the investigating officers will have them deported. This fear could lead directly to a much higher crime rate, as criminals will believe their crimes won't be reported to authorities.

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In July 2002, President George W. Bush signed an executive order specifying that foreign nationals who serve in the United States armed forces during a period of hostility would be eligible for expedited U.S. citizenship. The period of hostility began on September 11, 2001, and ends on a date that has yet to be specified by the President.

According to the White House, this executive order has allowed non-citizens to immediately become U.S. citizens. So far, more than 13,000 foreign-born members of the armed forces have applied for U.S. citizenship since the order took effect.

For those foreign nationals who are stationed overseas, the Immigration Services now allows naturalization ceremonies to be held at U.S. military bases, embassies, and consulates around the world. This makes it easier for the foreign-born military personnel to obtain their citizenship quickly.

Under current immigration laws, non-citizens must serve in the U.S. military for at least one year before they are eligible to apply for citizenship. This new executive order, however, will remove the three year service requirement. Additionally, the filing fees associated with an application for naturalization will be waived for those meeting the above-mentioned requirements.

A survey released in May 2006 indicated that there are more than 68,000 foreign-born serving in the armed forces, and this represents approximately 5% of the total on active duty.

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News reports claim that United States citizens are selling  birth certificates and Social Security cards to illegal immigrants, often to get money to purchase necessities such as food or medicine.

Seven defendants from the Corpus Christi area pleaded guilty this week to selling their birth certificates and Social Security cards for $100 each. Seven more defendants pleaded guilty to buying or reselling the documents as part of a ring that sold documents to illegal immigrants seeking jobs in Dodge City, Kansas.

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As reported today by the Associated Press, six National Guard troops serving at the Mexican border became U.S. citizens Friday. The six members of the Texas National Guard were deployed to aid the U.S. Border Patrol after President Bush called for 6,000 troops on the southwest border in May, and are believed to be the first to become eligible for expedited citizenship because of their work helping to guard the U.S.-Mexico border.

Nearly 25,000 military service members on active duty since Sept. 11, 2001, have taken advantage of an executive order signed in 2002 allowing active military personnel deployed for anti-terrorism duties to immediately apply for citizenship, skipping the previous one-year service period. Typically, noncitizens must wait three to five years before applying for citizenship.

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Senators Edward Kennedy and John McCain will be introducing a revised version of their immigration reform plan to Congress. The bill was blocked last year because Republican leaders in the House were opposed to any immigration proposal that would allow illegal aliens to eventually become citizens.

The Kennedy-McCain plan will largely mirror the immigration bill that was introduced last year, which would call for the installation of a 700 mile border fence, double the size of the U.S. Border Patrol, and add new penalties for employers who hire undocumented workers. The bill will also allow most of the 12 million undocumented workers to eventually earn immigration status. The bill would allow illegal aliens to become citizens by learning the English language, paying a $2000 fine, paying back taxes, and passing a criminal background check.

The proposal once again includes a provision for a temporary Guest Worker program. This would allow immigrants in the U.S. to work under a temporary visa program.

Congressional leaders indicate that they hope to reach a decision on immigration reform soon, and before the 2008 presidential election campaign pushes to the forefront of politics.

Those in favor of immigration reform still have a tough battle ahead of them. Even though the Republicans are no longer in control of Congress, the Democrats still need their support, and major Republican leaders are still not on board for a comprehensive immigration reform bill. This could possibly slow down or even stop the passage of immigration reform this year.

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If people want to travel outside of the United States, and they are not U.S. citizens, they must make sure that they have all the appropriate documentation to show that they are eligible for re-entry into the United States. For certain aliens who wish to re-enter the U.S. after they travel abroad, they must first apply for travel documents with USCIS. There are two types of travel documents:

1. Advanced Parole:

Advanced Parole is a document which allows a person who has his or her application for adjustment of status pending with Immigration Services to travel outside the United States. This document preserves the pending application while the person travels abroad, and it allows the person to re-enter the U.S. without a valid visa. If a person with a pending application for permanent residency travels abroad without first obtaining advanced parole, his or her application is considered abandoned.

2. Re-Entry Permit

A re-entry permit is a travel document that is only available to permanent residents or conditional permanent residents of the U.S. who wish to remain outside the U.S. for a time period of more than six months at one time. This document allows a permanent resident to travel abroad and then re-enter the country without running the risk that re-entry will be denied for having abandoned his or her residency status.

Visas to Enter the United States

A citizen of a foreign country who wishes to enter the U.S. must do so with a valid visa. A visa will be issued by the United States to a particular person giving that person permission to enter the U.S. for a given period of time and for certain purposes. Visas are usually granted either upon arrival in the U.S. or by first applying for a visa at a U.S. Consulate in the individual's home country.

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