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

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Acquired Citizenship: Citizenship conferred at birth on children born abroad to a U.S. citizen parents.

Adjustment to Immigrant Status: Procedure allowing certain aliens already in the United States to apply for immigrant status. Aliens admitted to the United States in a non-immigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time. Beginning in October 1994, the INA allowed illegal residents who were eligible for immigrant status to remain in the United States and adjust to permanent resident status by applying at a USCIS office and paying an additional penalty fee. Prior to October 1994, most illegal residents were required to leave the United States and acquire a visa abroad from the Department of State as they are again now.

Agricultural Worker: As a non-immigrant class of admission, an alien coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor.

Alien: Any person not a citizen or national of the United States.

Application Support Centers: USCIS Offices fingerprint applicants for immigration benefits. Some USCIS applications, such as the Application for Naturalization or the Application to Register Permanent Residence or Adjust Status, require the USCIS to conduct a FBI fingerprint background check on the applicant. Most applicants that require a background check will be scheduled to appear at a specific Application Support Center (ASC) or Designated Law Enforcement Agency (DLEA) for fingerprinting.

Apprehension: The arrest of a removable alien by U.S. Immigration and Customs Enforcement. Each apprehension of the same alien in a fiscal year is counted separately.

Asylee: An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of prosecution or a well-founded fear of prosecution. Prosecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year.

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Beneficiaries: Aliens on whose behalf a U.S. citizen, legal permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Citizenship and Immigration Services. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer.

Birth: The country in which a person is born.

Border Crosser: An alien resident of the United States re-entering the country after an absence of less than six months in Canada or Mexico, or a non-resident alien entering the United States across the Canadian border for stays of no more than six months or across the Mexican border for stays of no more than 72 hours.

Business Non-Immigrant: An alien coming temporarily to the United States to engage in commercial transactions which do not involve gainful employment in the United States, i.e., engaged in international commerce on behalf of a foreign firm, not employed in the U.S. labor market, and receives no salary from U.S. sources.

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Cancellation of Removal: A discretionary benefit adjusting an alien's status from that of deportable alien to one lawfully admitted for permanent residence. Application for cancellation of removal is made during the course of a hearing before an immigration judge.

Certificate of Citizenship: Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship

Chargeability: The independent country to which an immigrant entering under the preference system is accredited for purposes of numerical limitations.

Child: Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.

Citizenship: The country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected.

Civil Surgeon: A medically trained, licensed and experienced doctor practicing in the U.S. who is certified by the U.S. Citizenship and Immigration Service. These medical professionals receive U.S. immigration-focused training in order to provide examinations as required by the Center for Disease Control and Prevention and the USCIS.

Conditional Resident: Any alien granted permanent resident status on a conditional basis, who is required to petition for the removal of the set conditions before the second anniversary of the approval of his or her conditional status.

Crewman: A foreign national serving in a capacity required for normal operations and service on board a vessel or aircraft. Crewmen are admitted for twenty-nine days, with no extensions. Two categories of crewmen are defined in the INA: D1, departing from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft; and D2, departing from Guam with the vessel on which he arrived.

Cuban/Haitian Entrant: Status accorded 1) Cubans who entered illegally or were paroled into the United States between April 15, 1980, and October 10, 1980, and 2) Haitians who entered illegally or were paroled into the country before January 1, 1981. Cubans and Haitians meeting these criteria who have continuously resided in the United States since before January 1, 1982, and who were known to Immigration before that date, may adjust to permanent residence under a provision of the Immigration Control and Reform Act of 1986.

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Departure Under Safeguards: The departure of an illegal alien from the United States which is physically observed by a U.S. Immigration and Customs Enforcement (ICE) official.

Deportable Alien: An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status.

Deportation: The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement.

Derivative Citizenship: Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met.

District: Geographic areas into which the United States and its territories are divided for the Immigration and Naturalization Service's field operations or one of three overseas offices located in Rome, Bangkok, and Mexico City. Each District Office, headed by a District Director, has a specified service area that may include part of a state, an entire state, or many states. District Offices are where most USCIS field staff are located. District Offices are responsible for providing certain immigration services and benefits to people resident in their service area, and for enforcing immigration laws in that jurisdiction. Certain applications are filed directly with District Offices, many kinds of interviews are conducted at these Offices, and USCIS staff is available to answer questions, provide forms, etc.

Diversity: A category of immigrants replacing the earlier categories for nationals of under-represented countries and countries adversely "affected" by the Immigration and Nationality Act Amendments of 1965. The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a transitional diversity program, and 55,000 beginning in fiscal year 1995, under a permanent diversity program.

Docket Control: The USCIS mechanism for tracking the case status of potentially removable aliens.

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Employer Sanctions: The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or criminal penalties when there is a pattern or practice of violations.

Exchange Visitor: An alien coming temporarily to the United States as a participant in a program approved by the Secretary of State for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.

Exclusion: Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien's entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge.

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Fiances of U.S. Citizen: A non-immigrant alien coming to the United States to conclude a valid marriage with a U.S. citizen within ninety days after entry.

Files Control Office: A USCIS field office, either a district (including USCIS overseas offices) or a sub-office of that district in which alien case files are maintained and controlled.

Fiscal Year: Currently, the twelve-month period beginning October 1 and ending September 30.

Foreign Government Official: As a non-immigrant class of admission, an alien coming temporarily to the United States who has been accredited by a foreign government to function as an ambassador, public minister, career diplomatic or consular officer, other accredited official, or an attendant, servant or personal employee of an accredited official, and all above aliens' spouses and unmarried minor, or dependent children.

Foreign Information Media Representative: As a non-immigrant class of admission, an alien coming temporarily to the United States as a bona fide representative of foreign press, radio, film, or other foreign information media and the alien's spouse and unmarried minor, or dependent, children.

Foreign State of Chargeability: The independent country to which an immigrant entering under the preference system is accredited. No more than 7 percent of the family-sponsored and employment-based visas may be issued to natives of any one independent country in a fiscal year. No one dependency of any independent country may receive more than 2 percent of the family-sponsored and employment-based visas issued. Since these limits are based on visa issuance rather than entries into the United States and immigrant visas are valid for 6 months, there is not total correspondence between these two occurrences. Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.

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General Naturalization Provisions: The basic requirements for naturalization that every applicant must meet, unless a member of a special class. General provisions require an applicant to be at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States, have been physically present in the country for half that period, and establish good moral character for at least that period.

Geographic Area of Chargeability: Any one of five regions (Africa, East Asia, Latin America and the Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe) into which the world is divided for the initial admission of refugees to the United States. Annual consultations between the Executive Branch and the Congress determine the ceiling on the number of refugees who can be admitted to the United States from each area. Beginning in fiscal year 1987, an unallocated reserve was incorporated into the admission ceilings.

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Hemispheric Ceilings: Statutory limits on immigration to the United States in effect from 1968 to October 1978. Mandated by the Immigration and Nationality Act Amendments of 1965, the ceiling on immigration from the Eastern Hemisphere was set at 170,000, with a per-country limit of 20,000. Immigration from the Western Hemisphere was held to 120,000, without a per-country limit until January 1, 1977. The Western Hemisphere was then made subject to a 20,000 per country limit. Effective October 1978, the separate hemisphere limits were abolished in favor of a worldwide limit.

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Immediate Relatives: Certain immigrants who because of their close relationship to U.S. citizens are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older.

Immigration Act of 1990: Public Law 101-649 (Act of November 29, 1990), which increased the limits on legal immigration to the United States, revised all grounds for exclusion and deportation, authorized temporary protected status to aliens of designated countries, revised and established new nonimmigrant admission categories, revised and extended the Visa Waiver Pilot Program, and revised naturalization authority and requirements.

Immigration and Nationality Act: The Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalization, and removal of aliens.

Immigration Judge: An attorney appointed by the Attorney General to act as an administrative judge within the Executive Office for Immigration Review. They are qualified to conduct specified classes of proceedings, including removal proceedings.

Immigration Marriage Fraud Amendments of 1986: Public Law 99-639 (Act of 11/10/86), which was passed in order to deter immigration-related marriage fraud. Its major provision stipulates that aliens deriving their immigrant status based on a marriage of less than two years are conditional immigrants. To remove their conditional status the immigrants must apply at an U.S. Citizenship and Immigration Services office during the 90-day period before their second-year anniversary of receiving conditional status. If the aliens cannot show that the marriage through which the status was obtained was and is a valid one, their conditional immigrant status may be terminated and they may become deportable.

Immigration Reform and Control Act (IRCA) of 1986: Public Law 99-603 (Act of 11/6/86), which was passed in order to control and deter illegal immigration to the United States. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders.

Inadmissible: An alien seeking admission at a port of entry who does not meet the criteria in the INA for admission. The alien may be placed in removal proceedings or, under certain circumstances, allowed to withdraw his or her application for admission.

International Representative: As a non-immigrant class of admission, an alien coming temporarily to the United States as a principal or other accredited representative of a foreign government (whether officially recognized or not recognized by the United States) to an international organization, an international organization officer or employee, and all above aliens' spouses and unmarried minor (or dependent) children.

Intracompany Transferee: An alien, employed for at least one continuous year out of the last three by an international firm or corporation, who seeks to enter the United States temporarily in order to continue to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial, executive, or involves specialized knowledge, and the alien's spouse and minor unmarried children.

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Labor Certification: Requirement for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or non-immigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien's employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work.

Lawful Permanent Resident: Any person not a citizen of the United States who is residing the in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien," "Resident Alien Permit Holder," and "Green Card Holder."

Legalization Dependents: A maximum of 55,000 visas were issued to spouses and children of aliens legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94.

Legalized Aliens: Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government's knowledge of their unlawful status before that date. Legalization consists of two stages--temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and U.S. history and government.

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Medical Waiver: A medical waiver permits an immigration applicant to be allowed into, or remain in the United States despite having a health condition identified as grounds of inadmissibility. Terms and conditions can be applied to a medical waiver on a case by case basis.

Metropolitan Statistical Areas: MSA's consist of a core area with a large population and adjacent communities having a high degree of social and economic integration with the core. They are defined by the U.S. Office of Management and Budget. MSA's are generally counties containing at least one city or urbanized area with a population of at least 50,000 and a total metropolitan population of at least 100,000. MSA's of one million or more population may be recognized as Consolidated Metropolitan Statistical Areas (CMSA's). Primary Metropolitan Statistical Areas (PSMA's) are component areas within MSA's. New England County Metropolitan Areas (NECMA's) are the county based metropolitan alternative of the New England states for the city and town based MSA's and CMSA's.

Migrant: A person who leaves his/her country of origin to seek residence in another country.

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NACARA: Nicaraguan Adjustment and Central American Relief Act.

National: A person owing permanent allegiance to a state.

NATO Official: As a non-immigrant class of admission, an alien coming temporarily to the United States as a member of the armed forces or as a civilian employed by the armed forces on assignment with a foreign government signatory to NATO (North Atlantic Treaty Organization), and the alien's spouse and unmarried minor (or dependent) children.

Naturalization: The conferring, by any means, of citizenship upon a person after birth.

Naturalization Application: The form used by a lawful permanent resident to apply for U.S. citizenship. The application is filed with U.S. Citizenship and Immigration Services at the Service Center with jurisdiction over the applicant's place of residence.

Non-Immigrant: An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the non-immigrant classification sought. The non-immigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiances of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most non-immigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.

Non-Preference Category: Non-preference visas were available to qualified applicants not entitled to a visa under the preferences until the category was eliminated by the Immigration Act of 1990. Non-preference visas for persons not entitled to the other preferences had not been available since September 1978 because of high demand in the preference categories. An additional 5,000 non-preference visas were available in each of fiscal years 1987 and 1988 under a provision of the Immigration Reform and Control Act of 1986. This program was extended into 1989, 1990, and 1991 with 15,000 visas issued each year. Aliens born in countries from which immigration was adversely affected by the Immigration and Nationality Act Amendments of 1965 (Public Law 89-236) were eligible for the special non-preference visas.

North American Free-Trade Agreement (NAFTA): Public Law 103-182 (Act of 12/8/93), superseded the United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading relationship between the United States and Canada, and establishes a similar relationship with Mexico.

Numerical Limit, Exempt from: Those aliens accorded lawful permanent residence who are exempt from the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. Exempt categories include immediate relatives of U.S. citizens, refugees, asylees (limited to 10,000 per year by section 209(b) of the Immigration and Nationality Act), Amerasians, aliens adjusted under the legalization provisions of the Immigration Reform and Control Act of 1986, and certain parolees from the former Soviet Union and Indochina.

Nursing Relief Act of 1989: Public Law 101-238 (Act of 12/18/89), provides for the adjustment to permanent resident status of certain non-immigrants who as of September 1, 1989, had H-1 nonimmigrant status as registered nurses; who had been employed in that capacity for at least 3 years; and whose continued nursing employment meets certain labor certification requirements.

Nationality: The country of a person's citizenship or country in which the person is deemed a national.

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Occupation: For an alien entering the United States or adjusting without a labor certification, occupation refers to the employment held in the country of last legal residence or in the United States. For an alien with a labor certification, occupation is the employment for which certification has been issued.

Orphan: The Immigration and Nationality Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child's having a stepfather) and as long as the child's biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child's having a stepfather or stepmother).

Out of Wedlock: A child born of parents who were not legally married to each other at that time.

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Panama Canal Act Immigrants: Three categories of special immigrants established by Public Law 96-70 (Act of 9/27/79): 1) certain former employees of the Panama Canal Company or Canal Zone Government, their spouses and accompanying children; 2) certain former employees of the U.S. Government in the Panama Canal Zone who are Panamanian nationals, their spouses and children; and 3) certain former employees of the Panama Canal Company or Canal Zone Government on April 1, 1979, their spouses and children. The Act provides for admission of a maximum of 15,000 immigrants, at a rate of no more than 5,000 each year.

Panel Physician: A medically trained, licensed and experienced doctor practicing overseas who is appointed by the local U.S. Embassy or Consulate. These medical professionals receive U.S. immigration-focused training in order to provide examinations as required by the CDC (Center for Disease Control and Prevention) and USCIS (U.S. Citizenship and Immigration Services).

Parolee: A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien's entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist. Types of parolees include:

1. Deferred inspection: authorized at the port upon alien's arrival; may be conferred by an immigration inspector when aliens appear at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination.
2. Advance parole: authorized at an USCIS District office in advance of alien's arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart.
3. Port-of-entry parole: authorized at the port upon alien's arrival; applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. Examples include allowing aliens who could not be issued the necessary documentation within the required time period, or who were otherwise inadmissible, to attend a funeral and permitting the entry of emergency workers, such as fire fighters, to assist with an emergency.
4. Humanitarian parole: authorized at USCIS headquarters or overseas District Offices for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations.
5. Significant Public Benefit Parole: authorized at USCIS headquarters Office of International Affairsfor "significant public benefit" specified in the law. It is generally used for aliens who enter to take part in legal proceedings when there is a benefit to the government. These requests must be submitted by a law enforcement agency.
6. Overseas parole: authorized at an USCIS District or sub-office while the alien is still overseas; designed to constitute long-term admission to the United States. In recent years, most of the aliens USCIS has processed through overseas parole have arrived under special legislation or international migration agreements.

Per-Country Limit: The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available. No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country. The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year just that it cannot receive more than that number. Because of the combined workings of the preference system and per-country limits, most countries do not reach this level of visa issuance.

Permanent Resident: Any person not a citizen of the United States who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant.

Permanent Resident Alien: An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific non-immigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.

Port of Entry: Any location in the United States or its territories that is designated as a point of entry for aliens and U.S. citizens. All district and files control offices are also considered ports, since they become locations of entry for aliens adjusting to immigrant status.

Pre-Inspection: Complete immigration inspection of airport passengers before departure from a foreign country. No further immigration inspection is required upon arrival in the United States other than submission of Form I-94 for nonimmigrant aliens.

Preference System (prior to fiscal year 1992): The six categories among which 270,000 immigrant visa numbers were distributed each year during the period 1981-91. This preference system was amended by the Immigration Act of 1990, effective fiscal year 1992. The six categories were: 1) unmarried sons and daughters (over 21 years of age) of U.S. citizens (20 percent); 2) spouses and unmarried sons and daughters of aliens lawfully admitted for permanent residence (26 percent); 3) members of the professions or persons of exceptional ability in the sciences and arts (10 percent); 4) married sons and daughters of U.S. citizens (10 percent); 5) brothers and sisters of U.S. citizens over 21 years of age (24 percent); and 6) needed skilled or unskilled workers (10 percent). A non-preference category, historically open to immigrants not entitled to a visa number under one of the six preferences just listed, had no numbers available beginning in September 1978.

Preference System (Immigration Act of 1990): The nine categories since fiscal year 1992 among which the family-sponsored and employment-based immigrant preference visas are distributed. The family-sponsored preferences are: 1) unmarried sons and daughters of U.S. citizens; 2) spouses, children, and unmarried sons and daughters of permanent resident aliens; 3) married sons and daughters of U.S. citizens; 4) brothers and sisters of U.S. citizens. The employment-based preferences are: 1) priority workers (persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers); 2) professionals with advanced degrees or aliens with exceptional ability; 3) skilled workers, professionals (without advanced degrees), and needed unskilled workers; 4) special immigrants; and 5) employment creation immigrants (investors).

Principal Alien: The alien who applies for immigrant status and from whom another alien may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children).

Priority Date: In the USCIS Immigrant visa petition application process, the priority date is the date the petition was filed. If the alien relative has a priority date on or before the date listed in the visa bulletin, then he or she is currently eligible for a visa.

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Refugee: Any person who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. People with no nationality must generally be outside their country of last habitual residence to qualify as a refugee. Refugees are subject to ceilings by geographic area set annually by the President in consultation with Congress and are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States.

Refugee Approvals: The number of refugees approved for admission to the United States during a fiscal year.

Refugee Arrivals: The number of refugees admitted to the United States through ports of entry during a fiscal year.

Refugee Authorized Admissions: The maximum number of refugees allowed to enter the United States in a given fiscal year. As set forth in the Refugee Act of 1980 the President determines the annual figure after consultations with Congress.

Refugee-Parolee: A qualified applicant for conditional entry, between February 1970 and April 1980, whose application for admission to the United States could not be approved because of inadequate numbers of seventh preference visas. As a result, the applicant was paroled into the United States under the parole authority granted to the Secretary of Homeland Security.

Regional Offices: The three USCIS Regional Offices that supervise the work of USCIS Districts and Border Patrol Sectors. The Regional Directors report to the Associate Director for Operations in USCIS Headquarters, Washington, DC. The three Regional Offices are located in (Eastern Region) Burlington, VT, (Central Region) Dallas, TX, and (Western Region) Laguna Nigel, CA.

Registry Date: Aliens who have continuously resided in the United States since January 1, 1972, are of good moral character, and are not inadmissible, are eligible to adjust to legal permanent resident status under the registry provision. Before the Immigration Reform and Control Act of 1986 amended the date, aliens had to have been in the country continuously since June 30, 1948, to qualify.

Removal: The expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability.

Resettlement: Permanent relocation of refugees in a place outside their country of origin to allow them to establish residence and become productive members of society there. Refugee resettlement is accomplished with the direct assistance of private voluntary agencies working with the Department of Health and Human Services Office of Refugee Resettlement.

Resident Alien: Applies to non-U.S. citizens currently residing in the United States.

Returning Resident: Any lawful permanent resident who has been outside the United States and is returning. May also be defined as a "special immigrant." If outside of the U.S. for more than 180 days, must apply for readmission to the U.S. If outside of the U.S. for more than one year and is returning to his or her permanent residence in the United States, usually must have a re-entry documentation from USCIS or an immigrant visa from the Department of State.

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Safe Haven: Temporary refuge given to migrants who have fled their countries of origin to seek protection or relief from persecution or other hardships, until they can return to their countries safely or, if necessary until they can obtain permanent relief from the conditions they fled.

Service Centers: Four offices established to handle the filing, data entry, and adjudication of certain applications for immigration services and benefits.

Special Agricultural Workers (SAW): Aliens who performed labor in perishable agricultural commodities for a specified period of time and were admitted for temporary and then permanent residence under a provision of the Immigration Reform and Control Act of 1986. Up to 350,000 aliens who worked at least 90 days in each of the 3 years preceding May 1, 1986 were eligible for Group I temporary resident status. Eligible aliens who qualified under this requirement but applied after the 350,000 limit was met and aliens who performed labor in perishable agricultural commodities for at least 90 days during the year ending May 1, 1986 were eligible for Group II temporary resident status. Adjustment to permanent resident status is essentially automatic for both groups; however, aliens in Group I were eligible on December 1, 1989 and those in Group II were eligible one year later on December 1, 1990.

Special Immigrants: Certain categories of immigrants who were exempt from numerical limitation before fiscal year 1992 and subject to limitation under the employment-based fourth preference beginning in 1992; persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; ministers of religion and other religious workers, their spouses and children; certain employees and former employees of the U.S. Government abroad, their spouses and children; Panama Canal Act immigrants; certain foreign medical school graduates, their spouses and children; certain retired employees of international organizations, their spouses and children; juvenile court dependents; and certain aliens serving in the U.S. Armed Forces, their spouses and children.

Special Naturalization Provisions: Provisions covering special classes of persons whom may be naturalized even though they do not meet all the general requirements for naturalization. Such special provisions allow: 1) wives or husbands of U.S. citizens to file for naturalization after three years of lawful permanent residence instead of the prescribed five years; 2) a surviving spouse of a U.S. citizen who served in the armed forces to file his or her naturalization application in any district instead of where he/she resides; and 3) children of U.S. citizen parents to be naturalized without meeting certain requirements or taking the oath, if too young to understand the meaning. Other classes of persons who may qualify for special consideration are former U.S. citizens, servicemen, seamen, and employees of organizations promoting U.S. interests abroad.

Sponsor: The term "sponsor" in the immigration sense, often means to bring to the United States or "petition for".

Stateless: Having no nationality.

Stowaway: An alien coming to the United States surreptitiously on an airplane or vessel without legal status of admission. Such an alien is subject to denial of formal admission and return to the point of embarkation by the transportation carrier.

Student: As a non-immigrant class of admission, an alien coming temporarily to the United States to pursue a full course of study in an approved program in either an academic (college, university, seminary, conservatory, academic high school, elementary school, other institution, or language training program) or a vocational or other recognized nonacademic institution.

Subject to the Numerical Limit: Categories of legal immigrants subject to annual limits under the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. The largest categories are: family-sponsored preferences; employment-based preferences; and diversity immigrants.

Sub-offices: Offices found in some Districts that serve a portion of the District's jurisdiction. A sub-office, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to INS' customers.

- U -

Underrepresented Countries, Natives of: The Immigration Amendments of 1988, Public Law 101-658 (Act of 11/5/88) allowed for 10,000 visas to be issued to natives of underrepresented countries in each of fiscal years 1990 and 1991. Under-represented countries are defined as countries that received less than 25 percent of the maximum allowed under the country limitations (20,000 for independent countries and 5,000 for dependencies) in fiscal year 1988.

United States-Canada Free-Trade Agreement: Public Law 100-449 (Act of 9/28/88) established a special, reciprocal trading relationship between the United States and Canada. It provided two new classes of nonimmigrant admission for temporary visitors to the United States-Canadian citizen business persons and their spouses and unmarried minor children. Entry is facilitated for visitors seeking classification as visitors for business, treaty traders or investors, intracompany transferees, or other business people engaging in activities at a professional level. Such visitors are not required to obtain nonimmigrant visas, prior petitions, labor certifications, or prior approval but must satisfy the inspecting officer they are seeking entry to engage in activities at a professional level and that they are so qualified. The United States-Canada Free-Trade Agreement was superseded by the North American Free-Trade Agreement (NAFTA) as of 1/1/94.

- V -

Visa: A U.S. Visa allows the bearer to apply for entry to the U.S. in a certain classification, such as a student, visitor, or a temporary worker. A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHS), Bureau of Customs and Border Protection immigration inspectors determine admission into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a non-immigrant visa only relates to when an individual may apply for entry into the U.S. DHS immigration inspectors will record the terms of your admission on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport.

Visa Waiver Program: Allows citizens of certain selected countries, traveling temporarily to the United States under the nonimmigrant admission classes of visitors for pleasure and visitors for business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. The program was instituted by the Immigration Reform and Control Act of 1986 (entries began 7/1/88). Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain nonimmigrant visitor visas.

Voluntary Departure: The departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.

- W -

Withdrawal: An arriving alien's voluntary retraction of an application for admission to the United States in lieu of a removal hearing before an immigration judge or an expedited removal. Withdrawals are not included in non-immigrant admission data.

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This is the official statement of the American Immigration Lawyers Association on the failure of the comprehensive immigration reform bill to pass in the U.S. Senate:

AILA Statement on Senate Cloture Vote

Cite as "AILA InfoNet Doc. No. 07062865 (posted Jun. 28, 2007)"

WASHINGTON, DC - The U.S. Senate, in failing to pass a key procedural obstacle to the passage of its immigration reform legislation, today failed not only immigrants and their families and employers, but failed the country.

Our current immigration system is badly broken. Twelve million undocumented immigrants live and work in America without any opportunity whatsoever to earn full legal status and eventual citizenship. Our borders are not secure even with an historic level of enforcement. Family and employment-based immigration backlogs grow by the hour, requiring decades-long waits in many cases. U.S. employers cannot legally hire essential immigrant workers or needed highly skilled professionals, because no system is provided to afford necessary immigrant workers legal entry. The agricultural industry is unable to find sufficient workers and those undocumented working in the shadows labor under a badly broken system. High school students who excel are barred from continuing their education because they cannot obtain legal status. Immigrants seeking to feed their families and the chance to be part of the American dream continue to die in the desert seeking entry, and detention centers that are actual tent cities continue to grow.

The Senate bill was admittedly deeply flawed. Backroom negotiations and a convoluted amendment process ensured that the bill in its current form would not have led to workable reform. But the Senate has denied the House a chance to weigh in on this pivotal national issue to try to get things right, and to pass an immigration reform bill that would serve the interests of this country and its families, its businesses, and its immigrants.

AILA will advocate vigorously to ensure that the immigration reform debate stays alive, that Senators be held accountable for their actions, and that the House move boldly to take the lead and not replicate the Senate's mistakes.

Any immigration reform bill must include the following necessary architecture for meaningful, effective reform:

(1) A clear path to lawful residence for those who come forward, pay fines, and demonstrate their commitment to become Americans by earning their status through working and learning English.

(2) A new worker program that includes labor protections, job portability, and a realistic path to permanent residence.

(3) The elimination of the existing unconscionable backlogs in family immigration, preservation of meaningful family immigration with reasonable quotas, and recalibration of our employment-based immigrant visa quotas to accommodate the needs of our dynamic and growing economy.

(4) Smart border and worksite enforcement mechanisms that protect our national security interests, while respecting civil rights.

(5) Due process and civil liberties protections that guarantee immigrants their day in court, judicial review, and a meaningful opportunity to seek waivers and discretionary relief.

The Senate bill that foundered on the Senate floor today gave the appearance of adhering to this skeletal architecture, but its content, flawed from the beginning of the process, was further compromised by harsh amendments that were supported by a majority of Senators in order to secure passage of the bill and to try to keep the legislative process moving forward.

AILA's top objections to the Senate bill included:

(1) Decimation of the employment-based immigration system through creation of a mis-named "merit-based" point system that disconnects employment-based immigration from employer sponsorship and eliminates existing avenues of migration for aliens of extraordinary ability, multinational executives, and outstanding researchers.

(2) Evisceration of family-based immigration by eliminating 4 out of 5 long-recognized family relationships that qualify an individual for green card sponsorship in exchange for a partial reduction of the backlogs in those categories.

(3) Lack of meaningful opportunities for new temporary workers to transition to permanent residence.

(4) Lack of sufficient future numbers for employment-based immigrants at all ends of the skill spectrum.

(5) Unwarranted restrictions on the H-1B and L-1 nonimmigrant visa programs.

(6) Lack of sufficient confidentiality protections for Z-visa applicants.

(7) Harsh due process restrictions that violate fundamental protections guaranteed to all persons under our constitution.

For years, AILA has been at the forefront in advocating for a comprehensive solution to the multitude of problems plaguing our immigration system. Our collective experience on the frontlines of immigration law and policy highlights the dire and urgent need for workable reform that advances the nation's economic, social, and national security interests.

AILA will do everything possible to assist and to support the Senate and the House to craft an immigration reform bill that comports with our tradition as a nation of immigrants.

###

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

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A procedural vote in the Senate on the comprehensive immigration reform bill fell far short of passing today. The result is that the bill is probably dead for now, and likely won't return until the year 2009 -- after the November 2008 elections. At that time we will have a new President and probably a number of new Senators.

The bill was killed mostly by Republican senators worried about re-election. Their concern of appearing to be weak on illegal immigration assures we will continue with the status quo, which is essentially ignoring the illegals.

The irony of the situation is that by refusing to deal with the immigration crisis, the senators have not only guaranteed that things will continue to get worse, but they have also probably galvanized Latino citizens and ensured organized opposition to their own re-elections.

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The U.S. Senate Wednesday killed a Republican proposal to require all adult illegal immigrants to return home before they could qualify for permanent lawful status in this country.

Also defeated was a Democratic proposal to restrict lawful immigration status to those who have been in the United States for four years rather than the current provision restricting status to those in the U.S. before January 1, 2007.

Each of these amendments was designed to make the bill more palatable to conservatives who describe the currently proposed bill as "amnesty."

There are about two dozen more amendments that must be voted on before a test-vote on the entire bill, now scheduled for Thursday.

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 A story in the Dallas Morning News today said the restaurant industry, or at least a sampling of it, is supporting the proposed immigration reform bill now pending in the Senate. Here are excerpts from the article:

More than 200 people attending a restaurant industry convention in Dallas this week called on Congress to take action on a stalled Senate bill that addresses illegal immigrants in the U.S.

The e-mails in support of movement on Senate Bill 1639 were sent via a political action booth at the Southwest Foodservice Expo at the Dallas Convention Center.

The restaurant industry has become heavily dependent on immigrant workers as its traditional pipeline of workers - teens and twenty-somethings - dries up.

Growth in that portion of the population has slowed, and many young workers are choosing non-restaurant jobs.

The National Restaurant Association estimates it will need an additional 100,000 workers over the next five to 10 years.

(A lawyer representing the industry) ...said his restaurant clients support the Senate bill as an improvement over the status quo.

"What immigration reform will do is help millions of industry workers, and it will help employers who are worried that they may make a mistake and could face the brunt" of enforcement action from Immigration and Customs Enforcement, he said.

(One restaurant owner) ...said he has not studied the legislation, but he hopes Congress moves quickly to enact reform.

"It needs to be resolved one way or another," he said.

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The Senate voted Tuesday to start debate again on the immigration reform bill. The vote was 64-35 to revive the bill. It still faces hurdles in the Senate, and perhaps even greater hurdles in the House.

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Debate starts up today in the U.S. Senate on the pending comprehensive immigration reform bill. U.S. News has a brief summary of the current situation in this online article. Excerpts:

Here they go again. The Senate is about to engage in another round of the seemingly endless fight over America's immigration laws. It's officially the members' second shot in the past month at pushing through a "grand bargain" piece of legislation that tries to give a little to every interest group while not entirely satisfying any of them. A compromise, they say.

The debate kicks off on Tuesday with a procedural vote just to get the full debate underway. It's been that kind of step-by-step battle all along for an unlikely trio in arms: President Bush, Democratic Sen. Edward Kennedy of Massachusetts, and Republican Sen. John Kyl of Arizona. And no one is absolutely certain the Senate will pass that first test. Some conservatives opposed to the bill say support is eroding.

If the procedural hurdles are overcome, however, the road to change there on out will be anything but smooth. It'll take a great deal of legislative handiwork and backroom wheeling and dealing to get through this week before the July 4 recess with a bill in hand. "This is a complicated bill," says Joel Kaplan, deputy chief of staff for policy at the White House. "It's taken some time for people to understand what's in there." Talk about an understatement. Cabinet Secretaries Carlos Gutierrez of commerce and Michael Chertoff of homeland security have become virtual tenants up on Capitol Hill, pushing and prodding recalcitrant senators.

The pivot points?

*The Bush administration has included $4.4 billion in border security funding as a sweetener to its Republican brethren worried about law, order, and enforcement. Whether that shifts votes remains to be seen.

*For the high-tech business community, the linchpin is an amendment pushed by Sens. Maria Cantwell of Washington and Kyl of Arizona. It would give employers more flexibility in whom they hire and would increase the number of visas for skilled workers by 40,000. The business community was opposed to the bill in its earlier incarnation, and if this amendment fails, look for high-tech corporations to back away.

*Other key issues to watch will be whether there is any sort of provision in the bill that makes family reunification a key part of immigration policy and whether an amendment passes that requires a "touchback provision" for illegal immigrants who want legal status to return to their home countries.

What all that means for the bill's ultimate fate is unclear. "There are so many moving pieces," says Kara Calvert of the Information Technology Industry Council, a Washington industry group. "So many people are reserving whether they'll vote for it."

Part of the thinking of the bill's chief backers is that they just need to get the process rolling and that once they get the debate underway in the Senate, they'll have time to renegotiate troubling pieces. Looking down the road, they think they'll buy themselves time to modify the bill in the House of Representatives--even though its fate there is especially unclear and a bloc of "amnesty"-rhetoric opponents awaits--and then even later when the House and the Senate try to come together with one piece of legislation to send to the president.

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That was the lead sentence of a recent article in the Biloxi Sun Herald. It has to do with an odd quote from Mississippi Senator Trent Lott. Here are excerpts from the article:

Sen. Minority Whip Trent Lott, R-Miss., was talking to reporters Wednesday about the immigration bill, when he said, "If the answer is 'build a fence' I've got two goats on my place in Mississippi. There ain't no fence big enough, high enough, strong enough, that you can keep those goats in that fence."

"Now people are at least as smart as goats," Lott continued. "Maybe not as agile. Build a fence. We should have a virtual fence. Now one of the ways I keep those goats in the fence is I electrified them. Once they got popped a couple of times they quit trying to jump it."

"I'm not proposing an electrified goat fence," Lott added quickly, "I'm just trying, there's an analogy there."

Asked for clarification as to what exactly the analogy was, Lott spokesman Lee Youngblood said that the senator supported a variety of measures in the immigration bill, including unmanned aerial surveillance vehicles, radar and more border patrol agents, as well as a fence to reduce the flow of illegal immigration.

"A fence in and of itself is not enough," said Youngblood. "You can have technology to support the fence and to supplement the fence."

Acknowledging the flak he's taken, Lott said Wednesday, "I keep trying to tell everybody 'calm down, calm down, let me be the one that offends the left, the middle and the right.' I'm doing great, aren't I? But it gives you a level of utopia that is just so blissful."

"I don't worry about offending anybody anymore, " said Lott, "because I've already offended everybody."

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According to a story at Bloomberg online, Texas Senator John Cornyn says "momentum is building" against the comprehensive immigration reform bill now pending in the U.S. Senate.  Here are some excerpts from the story:

The Senate will need 60 votes on June 26 to resume debate on the biggest overhaul of U.S. immigration policy since 1986. The measure, Bush's top domestic priority, would create a guest- worker program and a path to legal status for 12 million immigrants in the U.S. illegally.

Cornyn cited fellow Texan Kay Bailey Hutchison, as well as Saxby Chambliss and Johnny Isakson of Georgia, as examples of Republicans who may have supported the measure and are now opposed. Supporters said they weren't counting on those senators to reach 60 votes.

A June 7 Senate vote fell 15 short of the total needed, with seven Republicans joining 37 Democrats and one independent to move toward final passage. Cornyn voted in opposition.

In an attempt to resuscitate the measure, Senate leaders agreed this week on a limited package of about two dozen amendments to be considered next week.

Cornyn said that isn't enough.

"This is a bill that was written behind closed doors by a small group of senators, and now it's being brought to the floor again without an opportunity to offer, freely offer, amendments and to have the kind of debate that I think this topic deserves,'' the senator said.

Cornyn said the congressional debate on what to do with the 12 million immigrants illegally in the U.S. has "fallen short'' because it has focused only on whether to give them citizenship or deport them.

The current proposal, which would let undocumented immigrants gain legal status after paying a fine, isn't sufficient punishment for people in this country illegally, the senator said. "It looks like we're selling American citizenship,'' he said.

Cornyn said the U.S. would be in "big trouble'' if failure to pass immigration legislation blocked an increase in the number of visas for skilled workers, as sought by technology companies including Google Inc., owner of the most popular Internet search engine, and Microsoft Corp., the world's largest software maker.

"This is more than just about low-skilled, relatively poorly educated individuals who are picking crops or working on construction sites,'' he said.

"This is about keeping the best and the brightest, the kind of people who train in American universities and who we end up now, under our current policy, sending home so they can compete with us and take jobs overseas,'' the senator said. "I actually would like to see us pass comprehensive immigration reform.''

With the backing of Democrats who backed the legislation earlier this month, supporters will need almost two dozen Republicans to move forward.

"We'll find out on Tuesday if there's 60 senators,'' Cornyn said. "It really changes minute by minute.''

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As more and more individuals in the United States apply to become lawful permanent residents, or green card holders, it is vital that each person know the rights and responsibilities that come with obtaining LPR status.

The benefits to becoming an LPR include:

Although you may have a green card, you should be very careful about certain things. The first and foremost is international travel. Even though you may travel freely, extended periods of time spent outside the U.S. may indicate to Immigration Services that you have abandoned your green card.

If you plan on spending over six months outside the U.S. at any given time, it is advisable for you to apply for a re-entry permit. This is issued to permanent residents or conditional permanent residents who wish to remain outside the U. S. for a prolonged period of time, but for less than two years. A re-entry permit usually enables a permanent resident, who traveled abroad for a period of time of more than one year but less than two years, to avoid the risk of not being allowed to come back the U.S. on the ground that the alien abandoned his permanent residence status. A re-entry permit can also serve as a passport for a permanent resident who wants to travel outside the United States, but cannot get a passport from his country of nationality.

A permanent resident who wishes to become a U.S. citizen must show that he is a person of good moral character. Arrests, criminal convictions, or engaging in certain bad acts such as failing to pay child support or being a habitual drunkard will prevent a person from becoming a citizen.

All LPRs are bound by all of the laws of the United States, the States, and localities. You are required to file your income tax returns and report your income to the U.S. Internal Revenue Service and your State IRS. You are expected to support the democratic form of government and cannot attempt to change the government through illegal means. If you are a male, age 18 through 25, you are required to register with the Selective Service.

One of the most important privileges of democracy in the United States of America is the right to participate in choosing elected officials through voting. As a Permanent Resident you can only vote in local and state elections that do not require you to be a U.S. citizen. It is very important that you do not vote in national, state or local elections that require a voter to be a U.S. citizen when you are not a U.S. citizen. There are criminal penalties for voting when you are not a U.S. citizen and it is a requirement for voting. You can be removed (deported) from the U.S. if you vote in elections limited to U.S. citizens.

Becoming a permanent resident of the United States is a wonderful thing, however, all LPRs should remember that they must maintain their status at all times. Your status in the United States is not guaranteed and certain actions may cause you to lose your green card status or be deported from the United States.

If you have any questions regarding permanent residency or any other immigration topic, please contact Kraft & Associates today.

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As more and more individuals in the United States apply to become lawful permanent residents, or green card holders, it is vital that each person know the rights and responsibilities that come with obtaining LPR status.

The benefits to becoming an LPR include:

Although you may have a green card, you should be very careful about certain things. The first and foremost is international travel. Even though you may travel freely, extended periods of time spent outside the U.S. may indicate to Immigration Services that you have abandoned your green card.

If you plan on spending over six months outside the U.S. at any given time, it is advisable for you to apply for a re-entry permit. This is issued to permanent residents or conditional permanent residents who wish to remain outside the U. S. for a prolonged period of time, but for less than two years. A re-entry permit usually enables a permanent resident, who traveled abroad for a period of time of more than one year but less than two years, to avoid the risk of not being allowed to come back the U.S. on the ground that the alien abandoned his permanent residence status. A re-entry permit can also serve as a passport for a permanent resident who wants to travel outside the United States, but cannot get a passport from his country of nationality.

A permanent resident who wishes to become a U.S. citizen must show that he is a person of good moral character. Arrests, criminal convictions, or engaging in certain bad acts such as failing to pay child support or being a habitual drunkard will prevent a person from becoming a citizen.

All LPRs are bound by all of the laws of the United States, the States, and localities. You are required to file your income tax returns and report your income to the U.S. Internal Revenue Service and your State IRS. You are expected to support the democratic form of government and cannot attempt to change the government through illegal means. If you are a male, age 18 through 25, you are required to register with the Selective Service.

One of the most important privileges of democracy in the United States of America is the right to participate in choosing elected officials through voting. As a Permanent Resident you can only vote in local and state elections that do not require you to be a U.S. citizen. It is very important that you do not vote in national, state or local elections that require a voter to be a U.S. citizen when you are not a U.S. citizen. There are criminal penalties for voting when you are not a U.S. citizen and it is a requirement for voting. You can be removed (deported) from the U.S. if you vote in elections limited to U.S. citizens.

Becoming a permanent resident of the United States is a wonderful thing, however, all LPRs should remember that they must maintain their status at all times. Your status in the United States is not guaranteed and certain actions may cause you to lose your green card status or be deported from the United States.

If you have any questions regarding permanent residency or any other immigration topic, please contact Kraft & Associates today.

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Various wire service reports say the  Bush administration will delay for at least six months a rule that U.S. citizens must show passports when crossing the border by land or sea.

The announcement marks the second time in a month that officials have scaled back security plans in response to complaints.

Beginning in January, land and sea travelers returning from Canada, Mexico, the Caribbean, and Bermuda will be allowed to present a birth certificate and driver's license in lieu of a passport.

Starting next year, travelers also will no longer be able to make an oral declaration of U.S citizenship to re-enter the country.

The modification is expected to last at least until the summer of 2008, when officials hope to require passports or similar documentation at all land and sea crossings.

The problem is caused by the government's inability to produce passports sufficient to meet the demand, an indication to some people of extremely poor planning on the part of the Administration. Surely they have know for many months that there would be a flood of passport applications right before the new restrictions took effect.

Now we have to face the question of whether our border security is being made more vulnerable because of this bureaucratic bungling. This delay could cause our borders to be more porous, as terrorists will be able to use false documents to sneak across the border.

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We've written about the subject of updating addresses before, but we get this question asked so many times we're going to revisit the situation.

On January 12, 2007, U.S. Citizenship and Immigration Services announced a new program that allows U.S. immigrants to update their addresses online. Currently, all non-citizens in the U.S. are required to keep Immigration Services updated as to their most current addresses. Immigration Services must be notified within ten days of any change in address. Previously, this was done either by calling USCIS or completing a change of address card (Form AR-11), which was mailed to USCIS.

USCIS now accepts change of address information online. This new service reduced processing times, since Immigration Services typically receives over one million change of address requests each year. Additionally, this new service is convenient and easy to use.

It is vital that you continually notify Immigration Services of any change in address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted.

You should include the following information in your change of address request:

* For the change of address Form AR-11, complete the information requested on the form, including present address, last address (most recent only), alien or registration number, country of citizenship, date of birth, and your signature.

* You do not need to include temporary addresses as long as you maintain your present address as your permanent residence and continue to receive mail there.

* When sending a change of address, you do not need to include numerous last addresses; only the most recent last address is needed.

* Be sure to also indicate in the appropriate block on the AR-11 your current employment and school, where applicable.

You can find and print the change of address form online at this USCIS page. If you would prefer to update your address automatically through the USCIS Eeb site, please visit this change of address page.

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There's an interesting post today at the always excellent Immigration Prof Blog about the immigration reform bill being split into small pieces in the House of Representatives. I'm going to shamelessly copy the entire post, but please add this blog to your list of regulars.

House May Break Up Immigration Bill

US News & World Report summarizes much of what's happening on the immigration debate today:

The immigration bill is back, with the Senate expected to debate it over the next two weeks. Senate passage is by no means assured, but the measure appears to have a fighting chance of surviving the legislative maneuvers and counter-maneuvers expected of the next couple of weeks. Keen observers of the current debate, however, have long expressed reservations about the chance of anything close to the Senate "grand bargain" (the bipartisan legislation including both border security measures and a "path to citizenship") making it through the House. In the House, Republicans seem firmly opposed to the legislation -- while Democrats are wary of passing any immigration bill without GOP support.

But now Democratic leaders may have found a partial way out of this impasse. The Washington Times reports this morning House Democrats "say they may break the immigration issue up into a series of smaller bills that would put off the tougher parts and allow others to pass, such as border security, and high-tech and agriculture worker programs that have clear support." That "could buy Democrats more time to work out the tougher aspects of immigration, such as what to do about the estimated 12 million to 20 million illegal aliens now here, but it would go against the Senate's massive catchall approach and contradicts President Bush's call for a broad bill to pass." Click here for the rest of the story. bh

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The current immigration debate isn't just about undocumented persons in the United States, it's also about U.S. employers hiring foreign workers. In many situations, companies hire foreign nationals who are already in the United States or who are interested in coming to this country to work. The following are guidelines that all employers should keep in mind:


1. Carefully audit the company's I-9 compliance, take corrective action, and be prepared for sudden employer-sanctions enforcement.

Every employer is required to have an I-9 form completed for each employee hired since Nov. 6, 1986, and potentially faces up to $1,000 fines per worker (alien or not) for failure to file the technical requirements. In the last year, Immigration and Customs Enforcement has filed criminal charges against employers who commonly employ undocumented workers.

Ensure that employees present original documents to establish their identity and employment eligibility within three business days of the date employment begins. (If they cannot produce the required documents by then, employees must produce receipts showing they have applied for the documents; they then must present the document within 90 days of hire.)


2. Maintain all I-9s and take stock of your I-9 compliance.

It's a good practice to have all new hires complete and sign Section 1 of the I-9 on their first day of work, but never before you extend a job offer to the applicant. Make sure you carefully review each employee's documents to make sure they are on the I-9 list of acceptable documents. Review the documents to see if they appear to be genuine.

Employers should always remember the following practices when obtaining employee information for I-9s:

* Don't ask for any particular documents or for more documents than the I-9 requires.

* Don't consider the expiration date of any of the I-9 documents.

* Do keep I-9s and copies of document for three years after the employee's date of hire or one year after the date of termination, whichever comes later.

* Do keep I-9 documentation separate from the employee's personnel file to protect yourself from a discrimination claim.


3. Keep all workers in legal status.

All employers should make sure that aliens are in valid immigration status or have a valid, unexpired employment authorization document. If a worker requires an extension of status, make sure to apply for one several months in advance. The short "overstay" results in automatic cancellation of the alien's visa, which can only be replaced at a U.S. consulate in the alien's home country. Technical violations of U.S. immigration status that persist for more than 180 days might lead to a three-year or ten-year bar of the worker from the United States.


4. A U.S. employer cannot engage in discrimination on the basis of citizenship status.

Employers are prohibited from discriminating against persons in hiring, discharging, and recruiting and referring for a fee because of their citizenship status. Permanent and temporary residents, refugees, asylees, and U.S. citizens are all protected. Fines are up to $1,000 per person for violations where the employer requests more or different documents than are required, or refuses to honor documents that reasonably appear to be genuine. Other types of discrimination carry fines of up to $2,000 per person for the first offense, $5,000 for the second offense, and $10,000 for the third and subsequent offenses. In addition to fines, employers can be ordered to pay lost wages for applicants not hired or employees discharged in violation of discrimination provisions. Employers can be ordered to hire applicants or reinstate discharged employees if discrimination is found.


5. Immigration law is complex and rapidly changing.

Immigration law is complex and is derived from federal statutes, federal court cases, and federal rules. It involves the Department of Labor, the Department of Homeland Security and the Department of State. A tremendous backlog of cases and processing delays has resulted from the involvement of several different agencies in the immigration process.

The status of employees in the U.S. is something that should be in the forefront of every employer's mind. An employer should attempt to stay informed of all developments in this important area of the law. An attorney who is experienced in immigration law can help you with all of your questions today.

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From the New York Times Web site Thursday evening:

WASHINGTON, June 14 -- Senate leaders announced an agreement this evening to put a comprehensive immigration bill back on track for further debate and possible passage.

Senators Harry Reid, the Democratic majority leader from Nevada, and Mitch McConnell, the Republican minority leader from Kentucky, agreed on a timetable for the bill and for a limited number of amendments to be offered.

The agreement, coming after President Bush's pledge earlier today to provide $4.4 billion for border security, revives a bill that had stalled in the Senate and was all but given up for dead.

"We met this evening with several of the senators involved in the immigration bill negotiations," Mr. Reid and Mr. McConnell said in a statement. "Based on that discussion, the immigration bill will return to the Senate floor after completion of the energy bill."

The measure would tighten border security, put many of the 12 million or so illegal immigrants in the country on a path to eventual legal status and create a guest-worker program.

The additional money for border security is intended to assuage Republicans who have strongly criticized the plan as amnesty for illegal immigrants.

Mr. Reid and Mr. McConnell said they had agreed that Democrats and Republicans alike would be given a chance to further refine the bill to their liking.

Bringing as many senators as possible on board is crucial in the Senate, since 60 votes are required there to overcome procedural hurdles in order to vote on the bill itself. With lawmakers, and their constituents, wanting different things in an immigration bill, support can easily erode.

Moreover, any bill that emerges from the Senate will have to be reconciled with what the House of Representatives passes, assuming that the House passes a bill. But this evening's accord, however tentative, rekindled hopes that a bill might be approved by the full Congress this year.

The announcement followed renewed lobbying by President Bush, who is eager to have a bill overhauling the immigration system and who has been emphasizing border security in recent days. He has been doing so to appease those lawmakers who complain that the bill as it stands would grant amnesty to lawmakers, no matter what its supporters say to the contrary.

Mr. Bush's emphasis on security, backed up by his push for more than $4 billion aimed at "securing our borders and enforcing our laws at the work site," plus continuing sentiment among lawmakers to give the bill another chance, lay behind the accord between Mr. Reid and Mr. McConnell.

Only a week ago, Mr. Reid declared with some disgust, "We are finished with this for the time being." Now, things are apparently back on track, at least for the time being.

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We have some great news for all those who has been waiting for their priority date to become current in an employment-based immigration category. The July 2007 visa availability bulletin, which was released yesterday shows that all employment preference categories (except for Third "Other Workers" ) have been made "Current" for July. This means that as of July 1, 2007, everyone who has been waiting to file their I-485 Application for Permanent Residency can do so.

There has been a lot of speculation regarding this unexpected change in the visa availability bulletin. Many feel that this has been done in an effort to generate increased demand by Immigration Services for adjustment of status cases, and to maximize number use under the annual numerical limit.

Even though the employment categories are now current, that does not mean that they will remain this way. There is the possibility that not all Employment preferences will remain 'Current" for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Several governmental organizations and officials believe the numbers will retrogress severely by 2008.

If you have a priority date that is now current, please contact us immediately to begin your adjustment of status application. You cannot afford to waste any time as there is no guarantee as to how long your priority date will remain current.

Here is the June 2007 Visa Bulletin:

VISA BULLETIN FOR JUNE 2007

A. STATUTORY NUMBERS:

1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 11th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date. 2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First : Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third : Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth : Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.