In Utah speech, U.S. immigration chief says system is unjust

Leon Rodriguez, top administrator of the nation's immigration and naturalization system, says one key word is absent from the vast U.S. laws and regulations on immigration. "You will never once see the word 'justice,' " Rodriguez, director of U.S. Citizenship and Immigration Services (USCIS), told a convention of the Catholic Legal Immigration Network at the Salt Lake City Sheraton Hotel on Wednesday. The son of Cuban immigrants said it is time to change that, and called for Congress to make the immigration system more just. He also defended President Barack Obama's executive orders seeking to defer deportation of millions.

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How Immigrant Entrepreneurs Move the U.S. Economy Forward

This week, National Small Business Week, which has occurred each year since 1963, recognizes the contributions of entrepreneurs and small business owners in the United States. According to the U.S. Small Business Administration (SBA), more than half of Americans either own or work for a small business, which SBA defines as an independent business having fewer than 500 employees. Small businesses created about two out of every three (63 percent) net new jobs in the U.S. from 1993 to 2013, and 60 percent of net new jobs since 2009. Behind these broad numbers is the critical role immigrant entrepreneurs play in America’s small business environment.

See more at: http://immigrationimpact.com/2015/05/06/how-immigrant-entrepreneurs-move-the-u-s-economy-forward/#sthash.eEyWhP1R.dpuf

What GOP Presidential Hopefuls Fiorina, Carson, and Huckabee Have Said on Immigration

This week, three GOP candidates entered the 2016 race. Here’s what we know about their stance on current U.S. immigration policy:


See more at: http://immigrationimpact.com/2015/05/07/what-gop-presidential-hopefuls-fiorina-carson-and-huckabee-have-said-on-immigration/#sthash.1xlAKJtM.dpuf

Actually, Immigration Can Create Jobs

The traditional view that an influx of new workers takes work away from native-born Americans is only part of the story.

When critics of immigration make their case, they often point to the labor market. The argument goes something like this: An increase in the supply of workers creates additional competition for jobs, and if immigrants are willing to accept lower wages than American-born workers, then it's the American workers who will suffer.

Read full story from The Atlantic

McClatchyDC: "The Beginning of the End" for Obama's Migrant Family Detention?

McClatchyDC reports that a U.S. District Judge in California distributed a 22-page tentative ruling on Friday that concluded that the Obama administration's family detention policy violates parts of an 18-year-old court settlement regarding the detention of migrant children. According to memos that outline the tentative ruling, which has not been officially filed, children and mothers in family detention cannot be held in unlicensed secure facilities such as those in the towns of Karnes City and Dilley, Texas. The tentative ruling also states that it is not appropriate to hold a child and accompanying parent in detention unless there is a flight or safety risk.

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Thousands Of Dreamers Are Losing Their Work Permits

The federal government is struggling to renew work authorizations for thousands of undocumented immigrants temporarily protected from deportation by the Obama administration.

Thousands of undocumented immigrants who gained work permits as part of an Obama administration effort to shield young people from deportation are suddenly losing their ability to work legally as the federal government struggles to renew their authorizations on time.
Exactly 11,028 young immigrants have had their Deferred Action for Childhood Arrivals (DACA) status and work permits expire in spite of having applied on time, according to numbers released for the first time to BuzzFeed News by U.S. Citizenship and Immigration Services, the agency that handles the permits. The number of lapsed cases represents roughly 5% of the total number of DACA renewals that USCIS has approved so far.

Yael Pineda, a 19-year-old undocumented student at UCLA, owes her job to DACA, the Obama administration’s 2012 program that gave her a work permit and protected her from deportation because she had arrived in the United States as a child. When her DACA status started nearing the end of its two-year term, Pineda applied to renew well within the window of time recommended by USCIS, according to documents she shared with BuzzFeed News.

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DHS FY2015 Mid-Year Border Security Update

DHS press release with a status update on border security efforts mid-way through FY2015. During the first six months of FY2015, the number of total apprehensions along the southwest border, was 28% lower than total apprehensions during the same period in FY2014.

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Think of Undocumented Immigrants as Parents, Not Problems

LOS ANGELES — SOMETHING happened while the immigration system in the United States got broken, something that should change the way we talk about fixing it. Years went by, and nature took its course. More than 11 million unauthorized immigrants settled into our communities; many formed families and had children. Now at least one of every 15 children living in the United States has an unauthorized parent, and nearly all of those children are native-born United States citizens.

Think of that statistic, one in 15, the next time you drive by a school or a playground. Think of those children living with the knowledge that the federal government can take their parents away. Common sense tells you that the threat of a parent’s deportation will exact a terrible price.

Read more from NY Times

How Much Do Undocumented Immigrants Pay in State and Local Taxes?

Undocumented immigrants—and their family members—are adding value to the U.S. economy; not only as taxpayers, but as workers, consumers, and entrepreneurs as well. If they had legal status, they would contribute even more

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Attorneys at David F. Vedder, P.A. Assist Survivor of Spousal Battery and Extreme Cruelty Obtain Permanent Residence.

On April 14, 2015, after two years of legal procedures, a Jamaican national immigrant woman who previously had been granted deferred action under the Violence Against Women Act of 1994 (VAWA) finally obtained permanent residence in the United States.  

VAWA was enacted to provide immigration protection for abused spouses, children and parents of United State citizens or lawful permanent residents, allowing the victim (or survivor) to self-petition based on the abuse they have endured. VAWA self-petitioners may also concurrently or subsequently apply for lawful permanent status.

Attorneys David F. Vedder and Silvia Manzanero prepared a compelling VAWA self-petition for their client, demonstrating that she had suffered both battery and extreme cruelty by her U.S. citizen abusive spouse.

However, this was only the first step in the two-part process.  In this particular case, an old agency error jeopardized this immigrant woman’s chances of obtaining permanent residence.  At an adjustment of status interview, attorney Manzanero persuasively explained the factual and legal arguments to the U.S. Immigration and Citizenship Services officer, who rightly approved her client’s permanent residence application.

As a self-petitioner spouse of a U.S. citizen who has been battered or subjected to battery and extreme cruelty, Manzanero’s client will be able to apply for citizenship after three years as a permanent resident.

Attorneys Commitment to Pro Bono Legal Service at AILA’s 2015 Citizenship Day Event, in Jacksonville, Florida

Jacksonville, Florida:

For the second consecutive year, Attorneys Silvia Manzanero and Daniel Ross of David F. Vedder, P.A. volunteered at the Citizenship Day event at Florida Coastal College of Law in Jacksonville on April 18, 2015.  The event was sponsored by the American Immigration Lawyers Association (AILA), in conjunction with Florida Coastal School of Law and Jacksonville Area Legal Aid.
Over the course of the day, approximately 100 individuals completed the paperwork necessary to become United States citizens.  Attorneys Manzanero and Ross assisted several lawful permanent residents by reviewing their applications and assisting with fee waiver requests.  The duo also helped train other attorneys less familiar with the nuances of naturalization law.

We would like to express our gratitude to everyone at Florida Coastal School of Law and Jacksonville Area Legal Aid for once again hosting a stellar event and for providing a venue for attorneys to deliver pro bono legal services.

At David F. Vedder, P.A. we pride ourselves in serving the community.  We currently plan on hosting a Citizenship Day event in the Daytona Beach area in September of 2015.














David F. Vedder, P.A. attorneys Silvia Manzanero and Daniel Ross, with Florida Coastal
School of Law Adjunct Professor and Jacksonville Area Legal Aid staff attorney Kara Roberts.

Report: Private Prison Lobbyists Spend Millions To Keep Immigrants Locked Up

In 2010, the Department of Homeland Security adopted a bed quota that required Immigration and Customs Enforcement (ICE) to detain about 34,000 individuals on any given day. The quota certainly did not benefit immigrants -- but it did prove to be extraordinarily lucrative for the private prison companies that picked up the new business. 

A report released last week by Grassroots Leadership, a Texas non-profit, details how private prison companies have spent five years lobbying the government, not only to maintain the quota, but to enact conservative immigration reform that would continue to ensure a steady flow of inmates into its detention centers.

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Leaders From Across U.S. Urge Court to End Injunction in Immigration Action Case

Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued a preliminarily injunction against the implementation of the expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Legal Permanent Residents (DAPA) initiatives. The Obama Administration is appealing that decision and has requested expedited consideration of the appeal. In anticipation, attorneys general, 181 members of congress, 73 mayors and county officials from 27 States, civil rights, and business leaders are all filing legal briefs in support of the Administration’s appeal.

Overall the briefs argue the case challenging executive action, led by the State of Texas, is based on unproven or incomplete presentations to the court and should be reversed

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Four Myths That Sen. Sessions Believes About Immigration to the United States

Nativist ideology is filled with falsehoods, half-truths, and distortions. From the impact of immigrants on the economy to the pace of their integration into U.S. society, the nativist creed more often than not gets it wrong. For example, consider the current chairman of the Senate’s immigration subcommittee, Sen. Jeff Sessions (R-AL). In an opinion piece in the Washington Post, titled “America needs to curb immigration flows,” Sen. Sessions displays four fundamental misunderstandings of the economic and social dynamics of immigration to this country: -

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Marco Rubio’s Complex History with Immigration Policy

This week, Senator Marco Rubio (R-Florida) became the latest candidate to announce his 2016 presidential bid, which he did from the Freedom Tower in Miami, Florida. Known as the Ellis Island of the South, Freedom Tower served Cuban refugees seeking political asylum from 1962-1974 and his presence there sought to highlight his immigrant roots, his parents’ journey from Cuba in the 1950s and their ability to achieve the American Dream. Yet, based on his legislative history and public statements, it’s difficult to determine which policies a President Rubio would advocate for.

See more at: http://immigrationimpact.com/2015/04/17/marco-rubios-complex-history-with-immigration-policy/#sthash.t22Uag8U.dpuf

ICE Director Saldaña Faces Critics in Congress

On Tuesday, new Immigration and Customs Enforcement (ICE) Director Sarah Saldaña, responsible for immigration enforcement inside the United States, testified for the first time to the U.S. House of Representatives’ Judiciary Committee. Saldaña defended ICE’s implementation of its new enforcement priorities, promised to convince local jurisdictions to cooperate with ICE, and received sharp questioning regarding ICE’s detention of Central American families and children fleeing violence, among other issues.

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H1-B Cap Filled in a Flash, Underscores Need for Immigration Reform

Today, U.S. Citizenship and Immigration Services (USCIS) announced that USCIS reached the “H-1B cap” for fiscal year 2016—meaning that in seven days, U.S. employers filed more petitions for an H1-B visa to hire a skilled foreign worker than the entire year’s allocation of visas available under current law.

Every year, U.S. employers seeking highly skilled foreign professionals submit their applications for the pool of H-1B visas USCIS makes available starting on April 1. Congress has set a statutory limit of 65,000 visas for new hires, and 20,000 additional visas for foreign professionals who graduate with a Master’s or Doctorate from a U.S. university. In recent years demand for H-1B visas has outstripped the supply and the cap has been quickly reached. This year is no exception. USCIS also noted that it received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.

USCIS will use a lottery, on a date yet to be determined, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption. However, first USCIS will complete initial intake for all filings received during the filing period, which ended today, April 7.

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Four Things We Know About Rand Paul’s Immigration Policy Views

Senator Rand Paul (R-Kentucky) has entered the 2016 presidential race with the campaign slogan “defeat the Washington machine.” Yet his views and past legislative actions on immigration show that he is more likely to maintain the status quo of leaving reform in limbo rather than push forward meaningful reforms that harness the skills and talents immigrants bring to the U.S. Despite Sen. Paul’s public statements that the GOP needs to “welcome” immigrants, Sen. Paul’s actions during his first-term in congress highlight how he would rather put his energy behind enforcement measures than backing realistic, sensible policies to improve the well-being of all immigrants. Here are four things we know about Sen. Paul’s views on immigration

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How Families Are Kept Apart by Current Immigration Laws

Family reunification has stood as a central pillar of the U.S. immigration system, dating back to 1965. Despite this, a new study by researchers Cecilia Menjivar and Maria Enchautegui shows that current immigration laws actually work to keep many families apart. Not surprisingly, the authors’ analysis reveals that immigrant households have a “high incidence of persons married with spouses absent, a high share of male-headed households, and high proportions of children not living with their parents or separated from the parents.”

In principle, our immigration law recognizes the right of U.S. citizens and lawful permanent residents to be reunited with close family members born abroad. By doing so, the law embraces the value of family life as a “matter of personal intimacy as much as physical support, of giving and receiving ‘care’ in the broadest sense.” However, a closer look at the actual impact of current immigration laws on families reveals that family reunification is threatened by various legal provisions, some of which reflect competing principles.

Specifically, the authors found that the following provisions sometimes frustrate the goal of family reunification:

Read more: http://immigrationimpact.com/2015/04/10/how-families-are-kept-apart-by-current-immigration-laws/

Firm Update: Attorneys Vedder and Ross Represent Albanian Asylee in Signifigant Immigration Court Case

Our attorneys represented the respondent in Matter of E__F__ which commenced in Immigration
Court in Miami; venue was transferred to Orlando.  DHS filed charges seeking our client’s
removal for a conviction of a crime involving a controlled substance and a drug trafficking and
illicit trafficking aggravated felony.

The attorneys successfully argued that the conviction, conspiracy to possess cocaine with intent
to sell, is neither an aggravated felony nor a particularly serious crime and therefore respondent’s
asylum status could not be terminated.  After spirited advocacy, the Immigration Judge agreed
and ordered proceedings terminated.

We anticipate our client’s release from detention at ICE/Baker in the near term.

The Economic and Political Impact of Immigrants, Latinos and Asians By State

Today, the American Immigration Council releases an additional 10 updated state fact sheets with accompanying infographics. Immigrants, Latinos, and Asians constitute large and growing shares of the U.S. workforce, tax base, business community, and electorate. These fact sheets highlight their contributions as workers, taxpayers, and entrepreneurs, as well as their expanding political power.

The most recently updated states follow:

Arkansas: http://www.immigrationpolicy.org/just-facts/new-americans-arkansas
Idaho: http://www.immigrationpolicy.org/just-facts/new-americans-idaho
Indiana: http://www.immigrationpolicy.org/just-facts/new-americans-indiana
Kansas: http://www.immigrationpolicy.org/just-facts/new-americans-kansas
Louisiana: http://www.immigrationpolicy.org/just-facts/new-americans-louisiana
Michigan: http://www.immigrationpolicy.org/just-facts/new-americans-michigan
Mississippi: http://www.immigrationpolicy.org/just-facts/new-americans-mississippi
Missouri: http://www.immigrationpolicy.org/just-facts/new-americans-missouri
South Carolina: http://www.immigrationpolicy.org/just-facts/new-americans-south-carolina
Wisconsin: http://www.immigrationpolicy.org/just-facts/new-americans-wisconsin
Additionally, the American Immigration Council has released 11 state fact sheets on the impact of President Obama's executive action on immigration. These fact sheets provide a snapshot of the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to these states.

Delaware: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-delaware
Florida: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-florida
Indiana: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-indiana
Maine: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-maine
Missouri: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-missouri
Montana: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-montana
Nevada: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-nevada
North Dakota: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-north-dakota
Ohio: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-ohio
Texas: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-texas
West Virginia: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-west-virginia

USCIS Message on Timing of DACA Renewal Applications

U.S. Citizenship and Immigration Services (USCIS) reminds recipients of Deferred Action for Childhood Arrivals (DACA) that their current period of DACA and employment authorization could expire if they wait too long to request renewal.

We strongly encourage you to submit your renewal request 150 to 120 days before your current period of DACA and employment authorization will expire. Timely filing will help ensure USCIS has sufficient time to consider your request.

On March 27, 2015, USCIS began mailing renewal reminder notices to DACA recipients 180 days prior to the expiration date of their current period of DACA. Previously, these reminder notices were mailed 100 days in advance.

USCIS continues to accept initial and renewal requests for two-year grants of DACA under the guidelines established in 2012. A federal district court order issued on February 16, 2015, enjoining USCIS from implementing the expanded DACA guidelines did not impact USCIS’ ability to continue processing DACA requests under the 2012 guidelines.

You may request renewal of DACA if you met the initial DACA guidelines and you:

Did not depart the United States on or after August 15, 2012, without advance parole;
Have continuously resided in the United States since you submitted your most recent, approved DACA request, up to the present time; and
Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

Visit uscis.gov/daca or uscis.gov/acciondiferida to get updates and all the information you need to make an initial or renewal request for DACA.

Texas judge accuses DOJ lawyers of 'misconduct' in immigration dispute

Politico reports that Judge Hanen, a federal judge in Texas, ruled yesterday that lawyers defending President Obama's executive actions on immigration engaged in "misconduct" by suggesting that the November 2014 actions had not yet been implemented. Court documents showed that 100,000 people applying or renewing their status under the original DACA program were given the three-year work permits authorized under the revised program.

Judge Hanen also denied the federal government's request for a stay, which was widely expected and is likely of little consequence, since a federal appeals court is scheduled to hear arguments on that issue next week.

The Court Decision on Deferred Action Everyone Should Be Talking About

Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions) unanimously dismissed a lawsuit challenging the original 2012 Deferred Action for Childhood Arrivals (DACA) program. The court held that the plaintiffs in the case–the State of Mississippi and several Immigration and Customs Enforcement (ICE) officers displeased with the DACA program–lacked standing, or a sufficient legal interest, to bring the case. Yesterday’s ruling is a significant victory and could be a sneak preview into how the court will view the Texas-led challenge to the President’s more recent executive actions that are currently before it.

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Immigrant’s Path to Permanent Residence Paved after Approval of his I-601A Waiver Application

Like thousands of immigrants coming to the United States every year, Sergio entered this country without proper immigration documents, fleeing a grim and dangerous future in Mexico, his country of birth. Sergio has been working ever since, learning English and becoming a contributing member of his local community.

Since Sergio married Allison, a U.S. born citizen, he also became her “personal guardian angel”, and the main income provider for a family that additionally includes Allison’s two young daughters, also U.S. citizens. Sergio and Allison are devoted to each other, to their children, and to their community.
Sergio, however, was not eligible to adjust his status to permanent resident in the U.S. because he was not “inspected and admitted.”  Further, since he was unlawfully present in the U.S. for more than one year, Sergio was not eligible to obtain an immigrant visa for 10 years after he leaves the U.S.
This hard-working family, like many in our country, could have been broken apart indefinitely by immigration laws, but for the new I-601A Provisional Unlawful Presence Waiver.  This program, implemented by the Obama administration in 2013, was developed with the intent to protect family unity, and to prevent devastating periods of separation often associated with the traditional I-601 waiver process, which requires the applicant to be outside the United States at the time of application and wait for the waiver’s adjudication.  

To obtain a provisional unlawful presence waiver, the applicant must be present in the United States, be the immediate relative of a U.S. citizen, and be the beneficiary of an approved immigrant petition giving him an immediately available immigrant visa number. The applicant must also demonstrate that his only ground of inadmissibility is accrued unlawful presence in the United States.  No other ground of inadmissibility can be waived by the I-601A provisional waiver.
Finally, the applicant must also demonstrate that his/her U.S. citizen spouse or parent may suffer “extreme hardship” in the event of the applicant’s removal or inability to immigrate to the United States.  Developing a convincing “extreme hardship” waiver most often requires the assistance of an experienced immigration attorney, often collaborating with other professionals.

Attorney Silvia Manzanero represented Sergio and Allison in their immigration case seeking espousal classification, a provisional waiver of inadmissibility and immigrant visa issuance.
Manzanero prepared a compelling case that clearly demonstrated the extreme economic, emotional, health hardships that Allison would suffer if Sergio is removed or if this family of four is forced to relocate to Mexico.  The United States Citizenship and Immigration Services approved Sergio’s waiver last August 28th, 2014.

On February 3, 2015, Sergio successfully completed the final step in this three-phases process, immigrant visa issuance at the U.S. Consulate in Ciudad Juarez, Mexico.  Sergio recently entered the United States, this time lawfully as a resident.  Sergio can finally live and work as a permanent resident in this country, with his spouse and their two daughters.
Sergio’s immigration case included one of the numerous inadmissibility waiver applications that attorneys at David F. Vedder P.A., have successfully prepared for clients from all over the world.  

Politico: Texas Judge Accuses DOJ Lawyers of 'Misconduct' in Immigration Dispute

Politico reports that Judge Hanen, a federal judge in Texas, ruled yesterday that lawyers defending President Obama's executive actions on immigration engaged in "misconduct" by suggesting that the November 2014 actions had not yet been implemented. Court documents showed that 100,000 people applying or renewing their status under the original DACA program were given the three-year work permits authorized under the revised program. Judge Hanen also denied the federal government's request for a stay, which was widely expected and is likely of little consequence, since a federal appeals court is scheduled to hear arguments on that issue next week. For more information, visit AILA's Resources on Texas v. United States. Read this story and more in AILA's daily immigration news clips.

Read full article here

Hunger-striking immigrant moms and kids allege retaliation

Lawyers and advocacy groups allege that women and children held at an immigrant family detention center in South Texas are now facing retaliation for staging a hunger strike that has garnered national attention.

Supporters of the nearly 300 women and children currently held at the Karnes County Residential Center allege that the mothers have faced tactics of intimidation and isolation since launching what they call a Holy Week Fast earlier this week. At least three women were singled out and taken to the medical infirmary with their children, ages 11, 10 and 2.

Immigration and Customs Enforcement denies that any hunger strike is underway at Karnes, and said the agency is not aware that any women have fully refrained from eating at either the dining hall or in common living areas. 

Read more from MSNBC

USCIS Message: Be Aware of Immigration

Dear Stakeholder,

As you may know, a federal district court in Texas issued a temporary injunction on February 16,
2015, which prevents USCIS from implementing expanded guidelines for Deferred Action for
Childhood Arrivals (DACA). Until further notice, the court order prevents U.S. Citizenship and
Immigration Services (USCIS) from accepting requests under the expanded DACA guidelines, which was originally planned to begin on February 18. The temporary injunction also requires USCIS to
suspend plans to accept requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) beginning this May.

Given the court order, USCIS urges customers and stakeholders to beware of scammers who may
spread false information and mislead people by charging for unnecessary services. These scams can
occur in person or over the telephone or Internet. In some cases they can even be tied to legitimate
services. Protect yourself and your loved ones from an immigration services scam. To learn how to recognize, avoid, and report scams, and how to find authorized legal assistance, go to uscis.gov/avoidscams. You can also find educational resources that you can share in your community.

If you believe you have been the victim of an immigration services scam, please report this scam to the U.S. Federal Trade Commission at ftccomplaintassistant.gov.

Kind Regards,

Public Engagement Division

US Citizenship and Immigration Services

The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy

Washington D.C.– Today, the American Immigration Council releases The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy<http://wfc2.wiredforchange.com/dia/track.jsp?v=2&c=yOsiQljDsyfjsYfL7gGVXCdnzh7KXWJo>. This fact sheet provides an overview of the visa and application process and discusses the important role that H-1B workers play in our economy.

Today also marks the day that U.S. employers seeking highly skilled foreign professionals can start submitting their petitions for H-1B visas. If recent history is any indication, the available pool of H-1Bs will run dry in a matter of days. The statutory limit for H-1Bs stands at 65,000 for new hires, plus an additional 20,000 for foreign professionals who earn a graduate degree from a U.S. university. This numerical cap, which dates back to 1990, falls far short of demand—which is unfortunate given the contributions that H-1B workers make to the U.S. economy. H-1B workers are associated with higher wages and lower unemployment for native-born workers—and they add billions of dollars to the U.S. Gross Domestic Product (GDP).

To view the fact sheet, see:

 *   The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy 

Changes to U and T Nonimmigrant Visa Categories as Part of President Obama’s Action Initiative.

The Obama administration has included two important changes with respect to U and T visas for victims of crime in the workplace and trafficking as part of its administrative reform, by expanding the DOL’s U visa certification protocol to include three additional qualifying criminal activities, and committing to certification of T visas. It has also established an interagency task force to protect immigrant workers from employers who exploit their immigration status when they seek to exercise their workplace rights.

The DOL has posted a fact sheet here:  http://www.dol.gov/dol/fact-sheet/immigration/u-t-visa.htm. The fact sheet specifies that these changes will be enacted in 2015.

Among the DOL’s changes include:
•         Expand its existing U visa certification program by certifying requests that include: extortion, fraud in foreign labor contracting, and forced labor. (Although forced labor is not specifically enumerated in the U visa statute, it should be considered substantially similar to involuntary servitude. See, e.g. United States v. Bradley, 390 F.3d 145 (1st Cir. 2004)).
•         Certify applications for trafficking victims seeking T visas when human trafficking activity is detected in the course of the Wage and Hour Division’s workplace investigations. The DOL will publish a Federal Register notice delegating authority to issue T visa certifications and will amend procedures and protocol to reflect these changes.

The Obama administration has also announced the establishment of an interagency working group addressing consistent enforcement of federal labor, employment, and labor laws, which will seek to ensure that federal enforcement authorities are not used to undermine worker protections through the use of immigration authorities in labor disputes, and strengthening processes for staying the removal and providing temporary work authorization for undocumented workers asserting workplace claims. See: http://www.dol.gov/dol/fact-sheet/immigration/interagency-working-group.htm.

The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy

Washington D.C.– Today, the American Immigration Council releases The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy. This fact sheet provides an overview of the visa and application process and discusses the important role that H-1B workers play in our economy.

Today also marks the day that U.S. employers seeking highly skilled foreign professionals can start submitting their petitions for H-1B visas. If recent history is any indication, the available pool of H-1Bs will run dry in a matter of days. The statutory limit for H-1Bs stands at 65,000 for new hires, plus an additional 20,000 for foreign professionals who earn a graduate degree from a U.S. university. This numerical cap, which dates back to 1990, falls far short of demand—which is unfortunate given the contributions that H-1B workers make to the U.S. economy. H-1B workers are associated with higher wages and lower unemployment for native-born workers—and they add billions of dollars to the U.S. Gross Domestic Product (GDP).

To view the fact sheet, see:

The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy (April 2015)

A Silent Crisis: Children Experiencing Trauma in Family Detention

During my week as a volunteer attorney in San Antonio, I visited with a mother and child at the Karnes family detention center who had been transferred from the Artesia detention center when it closed.   The mother and her young son had already been detained for seven months, and I was helping to prepare them for their merits hearing.  Their case was compelling and harrowing, like many of the mothers and children detained in these family detention centers.  The mother had suffered horrendous sexual, physical, and emotional abuse as a child, suffered domestic violence as an adult, and then finally fled for her life and the life of her child when the gangs threatened to kill her and her son.  Sadly, it’s a story shared by many of the women detained in Dilley and Karnes, and those who were detained in Artesia.  Sadder still, it’s a story that this woman has had to repeat over and over again while locked up in detention – to the Border Patrol officers when she was crossed into the United States; to the asylum office during her interview; to a multitude of volunteer advocates trying to help her with her case; to the various immigration judges who have presided over her case as jurisdiction changed from Immigration Courts in Virginia, Denver, and now San Antonio.

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Business group ranks U.S. near last in welcoming skilled immigrants

WASHINGTON (Reuters) - The United States ranks near the bottom among major economies in terms of policies to allow hiring highly skilled immigrant workers, according to a study by a business lobbying group that supports relaxing immigration controls.

Read more here

Immigration Agency Issues Long-Awaited Guidance on L-1B Visa Petitions

This week, U.S. Citizenship and Immigration Services (USCIS) took another crucial step toward administrative reform of our immigration laws. The agency issued for public comment long-awaited policy guidance on its adjudication of L-1B “specialized knowledge” visa petitions.

Permanent Residency Obtained for Canadian-born Indian:

David F. Vedder, P.A. recently secured a green card on behalf of a Canadian-born member of an Indian tribe.  Upon consulting our office to develop a strategy for obtaining permanent residence in the United States, our attorneys discovered that our client’s Indian heritage made her immediately eligible for a green card based on the Jay Treaty, signed in 1794, and still in force today.  The treaty allows for free passage rights between the United States and Canada for individuals meeting the following qualifications: (1) possess 50% American Indian blood, (2) were born in Canada, and (3) have proof of ancestry via official documentation from a tribe recognized by the federal government of the United States or Canada.

We recommend individuals meeting the above qualifications that desire to reside in the United States contact our office so we may assist in obtaining a green card by requesting a creation of record of lawful permanent residence at a local USCIS field office.  The attorneys at David F. Vedder, P.A., are well versed in this area of law and have the ability to assist both qualified individuals already in the United States and those contemplating a move from Canada.  

Electronic (paperless) I-94 Issues

Customs and Border Protection (CBP), Tampa Field Office (TFO), issues this Public

Information Notice (PIN) to announce that the Area Port of Orlando will begin accepting

requests, via email, to review issues with electronic I-94s that cannot be found or may contain

erroneous information such as an incorrect “admitted until” date, incorrect biographical

information and/or incorrect classes of admission.  

Travelers that arrived at a location listed below or are currently located in a location listed

below may send a request regarding an issue with a previously issued I-94 to ORLANDOI-

94TEAM@cbp.dhs.gov.

The request should include:

1. A statement setting forth the issue and requesting that the issue be resolved;

2. A copy of the Passport biographical page;

3. A copy of the United States Visa, if applicable;

4. A copy of the most recent admission stamp in the passport;

5. A copy of the boarding pass or the  flight information;

6. The person’s address and telephone number in the United States; and

7. The Form DHS 590, Authorization to Release Information to Another Person, if

applicable. (The form can be obtained at https://www.dhs.gov/xlibrary/assets/tsa/dhs-form-

590.pdf)

Locations within the Orlando Area Port:

Orlando International Airport

Orlando-Sanford International Airport

Leesburg User Fee Airport

Orlando Executive Airport

Port Canaveral

Melbourne Airport

Daytona Beach International Airport

Residents or visitors to Brevard, Lake, Orange, Osceola, Seminole, and Volusia counties.

Questions regarding this PIN should be sent to ORLANDOI-94TEAM@cbp.dhs.gov

David Vedder, P.A. Case Update

Mr. Vedder represented a prominent physician whose application for naturalization was erroneously denied.  Mr. Vedder filed suit in Federal District Court, Middle District of Florida seeking judicial review of the denial.  Shortly thereafter USCIS/Orlando reversed its decision and naturalized our client.

USA Today: Feds Deny More Visas for Specialized Foreign Workers

USA Today writes about a report released today by the National Foundation for American Policy, which found that approximately 35 percent of the L-1B petitions filed by American companies to bring foreign employees with specialized knowledge in their fields to the U.S. were denied in FY2014. AILA Director of Liaison Betsy Lawrence states that AILA has been asking USCIS to provide clearer guidance on the adjudication of L-1Bs but has received no response, stating "It's incredibly frustrating… there's no predictability in the process whatsoever."

Read full story from USA Today

New York Times: A Life Without Papers

A New York Times op-ed by Texas Organizing Project member Ehiracenia Vasquez describes the impact that DAPA would have on her life. She writes, "I want to drive the short distance to the grocery store without worrying that the police car in the lane of traffic behind me is going to pull me over and demand documents I don't have. I want to be able to look for a good job so that I can help provide for my family. I want to take my kids to school in the morning without worrying whether that day will be the last one I have with them." This initiative has been put on hold, as a court case involving expanded DACA and DAPA makes its way through the legal system.

Read full story here

JUST IN: House funds Department of Homeland Security without immigration measures

The grudge match between Republicans and Democrats over the president's immigration policies and funding the Department of Homeland Security ended-- with a win for Democrats.
 House Republicans approved $39.7 billion in funding for DHS without any measures to block President Barack Obama's executive actions on immigration, which could allow as many as 5 million undocumented immigrants to remain in the country and work for three years.

The vote was 257 to 167, with most Republicans voting against the bill.

Read the whole story here

DHS Will Not Begin Accepting Expanded DACA Applications Tomorrow

DHS announced that it will not accept requests under the expanded DACA initiative tomorrow, February 18, 2015, as originally planned due to the federal district court decision to temporarily enjoin the implementation of DAPA and expanded DACA. Until further notice, DHS has also suspended plans to accept requests for DAPA. However, DOJ will appeal the temporary injunction, and DHS says that it expects it will ultimately prevail in the courts and will implement DAPA and expanded DACA once it does.

Read more here

Successful R-1 Change of Status Petition

David F. Vedder and Daniel C. Ross recently secured a change of status on behalf of Pastor Andres

Villalpando.  Pastor Villalpando is a Mexican citizen ordained in the Southern Baptist faith.  He originally entered the United States on a B-1 tourist visa but approached our firm about changing his status to R-1 nonimmigrant religious worker after First Baptist Church of Daytona Beach offered him a position as Pastor for Hispanic Ministries.  

We filed a timely change of status petition on his behalf and successfully prosecuted it to approval. 

The attorneys at David F. Vedder, P.A. are experienced in both immigrant and nonimmigrant religious worker visas.  Further, we urge the Spanish speaking community interested in First Baptist Church of Daytona Beach to attend Pastor Villalpando’s services at 11 a.m. every Sunday morning at 118 N. Palmetto Avenue, Daytona Beach, Florida.

USCIS to Begin Accepting Requests for Expanded DACA on Feb. 18

U.S. Citizenship and Immigration Services (USCIS) will expand Deferred Action for Childhood Arrivals on Feb. 18, 2015. That will be the first day to request DACA under the revised guidelines established as part of President Obama’s recent announcements on immigration.

USCIS advises the public to be extra careful to avoid immigration scams. To learn how to identify and report scams, and how to find authorized legal assistance at little or no cost, go here .

Go to uscis.gov/immigrationaction or uscis.gov/accionmigratoria and enter your email address to get updates whenever USCIS posts new content about the executive actions.

If you have questions, in English or Spanish, you can call the USCIS National Customer Service Center at 1-800-375-5283 (TDD for the hearing-impaired: 1-800-767-1833).

2015 Las Vegas EB-5 Conference

David Vedder recently attended the 2015 Las Vegas EB-5 Conference presented by EB5 Investors Magazine. This one-day event delivered an intimately interactive and premium networking
experience for all attendees and sponsors, and provided valuable information on various EB-5
topics such as regional center issues, using EB-5 for financing or immigration purposes, and
current legal trends.

Mr. Vedder had the opportunity to see keynote speaker Congressman Jared Polis, chair of the NewDem Coalition's Immigration Task Force and sponsor of The American Entrepreneurship and Investment Act which would reform and make permanent the EB-5 Immigrant Investor visa program. Attorney Vedder also had the chance to discuss pending EB5 Legislation with Senator Rand Paul.

Queens Examiner: Congresswoman and Attorney Warn Immigrants About Reform Scams

As reported by the Queens Examiner, Congresswoman Grace Meng and Neena Dutta, Chair of AILA's New York Chapter, warned undocumented immigrants to be on alert for scams promising citizenship or a fast track to protection once President Obama's executive actions on immigration take effect. 

The article notes that forms to apply for DAPA will not be available until at least May, while forms for expanded DACA will not be released until next month. Please continue to share AILA's Consumer Alert and anti-notario PSAs widely in your communities. Read this story from Queen's Examiner

Huffington Post: Obama Tells Congress Not To Fight Past Battles On Immigration Again

The Huffington Post notes that President Obama only mentioned the word "immigration" twice in his State of the Union address last night, and didn't make the impassioned pleas he has made in past years for immigration reform. Instead, his message was that Congress should stop fighting him on his executive actions on immigration, stating "If we're going to have arguments, let's have arguments—but let's make them debates worthy of this body and worthy of this country...Yes, passions still fly on immigration, but surely we can all see something of ourselves in the striving young student, and agree that no one benefits when a hardworking mom is taken from her child, and that it's possible to shape a law that upholds our tradition as a nation of laws and a nation of immigrants."

Read more from Huffington Post

Mexican Consulates in the U.S. Will Issue Copies of Birth Certificates...Starting Today!

The Mexican government announced that starting today, Mexican consulates in the U.S. will issue copies of birth certificates registered in Mexico. To obtain certified copies, Mexican nationals should visit the nearest consulate, present an official proof of identity, fill out an application and pay a fee of $13 per certified copy, and, if they have it, provide their Clave Única de Registro de Población (CURP).
AILA Media Advocacy Committee Chair Mo Goldman applauds the new policy stating, "This announcement and change in policy comes at a critical juncture for millions of Mexican citizens living in the U.S. that may be eligible for DAPA or DACA."

Read more from ABC News

Attorneys Attend Continuing Legal Education Seminar.

Our attorneys, David F. Vedder, Silvia Manzanero and Daniel C. Ross attended the American Immigration Lawyers Association Annual Conference in Clearwater on October 17-18, 2014.  The Conference was sponsored by the Central Florida Chapter and the attorneys each earned hours of continuing legal education credits.

David F. Vedder, P.A. is committed to our attorneys’ continuing education and provided the attorneys with the resources they needed to attend.

David F. Vedder was tapped as a speaker and presented a topic on L-1A nonimmigrant visas and residency in the EB-13 category (certain multinational executives and managers), in addition to attending sessions on advanced immigration law.

Mr. Vedder wins approval of an I-751 before the Immigration Judge

Mr. Vedder represented Respondent, M. S., before the immigration court in Orlando.  DHS was seeking his removal because CIS denied his joint petition I-751 and placed him in removal proceedings.

At the individual hearing December 31 DHS opposed granting the I-751 and called witnesses to support its position.  Mr. Vedder successfully argued that the operative fact was the original purpose the marriage was entered into and the Government, which had the burden of proof, offered no evidence indicating the parties’ original intent was not bona fide.  The I-751 was granted and proceedings were terminated.

Judge blocks Arizona ID theft law targeting job-seeking immigrants

The LA Times reports that yesterday, a U.S. District Judge in Arizona enjoined the state from enforcing its identity theft laws that penalize undocumented immigrants for seeking employment, finding that the laws are preempted by corresponding federal statutes. Maricopa County Sheriff Joe Arpaio was using these laws to justify worksite raids, more than 80 of which have taken place since the Arizona Legislature passed the law in 2008.

Read more from LA Times

In Miami, deportation fears rise as U.S. revives relations with Havana

While U.S. officials say they have not changed policies barring deportation of most Cubans to the island, those assurances are small comfort for the people in the midst of proceedings or who have final orders of expulsion.

“I became worried the day they ordered me deported,” said Luis, a 73-year-old exile who in the 1960s participated in covert U.S. operations against the Fidel Castro regime. “But now, when the president in the White House wants relations with Cuba, my worries are much deeper.”


Read more from the Miami Herald here