FD55rwQnX9twEW9e0WuLQ1QM695rdjBX

Monday, November 26, 2012

Solutions to the Green Card Worker Issue

There are currently millions of people in the United States illegally. Estimates range from twelve-million to forty-million. In fact, no one knows the actual number, and the estimates differ my more than more than one-hundred percent.

It is not possible to identify one homogeneous group among all these statistics. Therefore, there can be no singular solution to all of the consequences surrounding these issues. This article tries to identify one central area that needs addressing in order to bring some perspective on the issue at large.

A number of immigrants who have come to the United States are seriously seeking gainful employment. Their motives are honorable. They seek a better situation for themselves and their families. There is a need for their services. There is a need for laborers with their skills. They are willing to work for the prevailing market prices for the skills that they possess, and they have discovered that those market labor prices are much higher in the United States than in their native countries. Many seek employment only for a few years. Their intent is to return home after working in the United States for a few years and save up their money for a better situation back home.

Given the strong demand, and the willing supply of labor, one has to wonder why no intentional program exists to match up the laborer with the work. The details of the "why" question will not be discussed further, but it is sufficient to say that no intentional, large-scale program exists to date.

This lack of attention to such strong market forces is behind much of the illegal entry into this country. Perhaps the political forces are very strong, as well. This tension has, so far, yielded in favor of the political forces, which prefer to do nothing of consequence. It is now to the point where a critical mass of laborers have entered the United States in the absence of any program large enough to address the market demand. It is time for the politicians to get together with a plan or program large enough to relieve the strain on the system. There needs to be a worker program, whereby willing workers can enter the country to work for willing employers.

Canada has an efficient migrant worker program specifically to bring in laborers during the harvest season, and return them home for the remainder of the year. Models such as these need to be looked into as a starting point for a successful program to begin here. It is not necessary to start from ground zero.

There exists ways to move quickly and with political expediency in order to move toward a solution to illegal immigration. Once the willing workers are addressed, and the strain is removed from the market forces, the other issues should fall in line rather easily.

Making an Application Under Skilled - Independent (Migrant) Visa (Subclass 175) Bucking Congress, President Pushes Immigration Reform Through Exercises of Executive Discretion Children of Green Card Holders to Be Given Priority for US Residency

Why Does One Need an Immigration Law Attorney?

It's highly advisable that one has an immigration law attorney for themselves when the need arises. Let's take a look at why people should consider hiring an immigration attorney for themselves.

The process of getting immigration isn't a simple and short one. There are many complications when it comes to getting an immigration done. Apart from being lengthy, the immigration laws are changed frequently and the common man isn't usually educated about these law changes. The laws of immigration vary from country to country and they are changed keeping in mind the political climate of the country; whether there needs to be a tight or loose policy in letting foreigner comes in. only a lawyer would be well aware of these law changes and would be willing to dedicate however much time the process of immigration might take. Sometimes, the entire immigration process may take years to complete. With an attorney guiding you throughout the way, there are very few chances that you will go wrong.

There are times you will need referrals for immigration. It's not necessary that everyone needs one. You might need one because you aren't proficient in a language or lack something. The attorney will be able to provide you with referrals that will help you overcome the challenges you are facing with your immigration. The lawyers can recommend some practice sessions for the citizenship tests so that the process is easier for you to get through.

Some people need some preparation when it comes to presenting themselves in front of the immigration authorities. The lawyers will be with you every step of the way and can represent your case to these authorities. The lawyer will be able to represent your case fight in court for you to remain in the country, if you face the risk of deportation. The lawyer will also be able to guide you about how to answer questions and prepare you for hearings if there is a need.

When you have an attorney helping you with the immigration process, and your application for immigration is denied, the lawyer will be able to appeal against the denied application. The lawyer can file an appeal against the decision made and complete the paperwork that needs to be done. You are even saved from the risk of being deported immediately when you have a lawyer working for you. The appeal may take some time, perhaps several weeks or months, and during this period of time, your lawyer will be doing everything he possibly can to make sure the decision is in your favor.

These reasons are just the basic ones which will justify the need of having an immigration law attorney for yourself when you're going through the process of immigration. With an attorney on your side, you will be able to make the best decisions possible for yourself, because you'll be provided with the legal consequences of your actions before hand as well.

US K1 Visa

K1 Visa

A K-1 visa is a nonimmigrant visa which permits the fiancé(e) of a United States (U.S.) citizen (petitioner/sponsor) to travel to the U.S. and marry the petitioner. The marriage must take place within 90 days from arrival to the U.S. Since the K-1 visa holder is permitted to immigrate to the U.S. and marry, he or she must meet some of the requirements of an immigrant visa.

Pursuant to U.S. immigration law, fiancé(e) is defined as one who has received an approved Petition for Alien Fiancé(e), Form I-129F and to whom a nonimmigrant visa has been issued for travel to the U.S. in order to marry his or her U.S. citizen fiancé(e).

In general, the petitioner and his or her fiancé(e) must have met in person within the past two (2) years.

Processes Involved in K-1 Visa Application

Filing of I-129F Petition

The sponsor must file a Petition for Alien Fiancé(e) or I-129F Petition with the U.S. Citizenship and Immigration Services (USCIS). The petitioner should see to it that all information is correct and all documents are real and not forged. Otherwise, the petition will be disapproved. Worse, all future petitions of the petitioner will be jeopardized.

Upon approval by the USCIS, the petition is sent to the National Visa Center (NVC). The NVC will assign a number which will serve as an identification or reference number for the petition. Afterwards, the NVC will forward the petition to the U.S. Embassy or Consulate where a K-1 nonimmigrant visa is applied for.

Visa Application

If the beneficiary of the petition lives in Thailand and once the U.S. Embassy here in Bangkok receives the petition, specific instructions will be given to the Thai fiancé(e). Included in the instruction is the submission of certain documents and/or forms, where to go for the required medical examination and others as deemed necessary.

Also, eligible children of K-1 visa applicants may apply for K-2 visas to which a separate application must be submitted and a separate visa application fee is paid.

Processing time

The ideal processing time for K-1 visa is from six (6) to eight (8) months. The time frame varies depending on the personal circumstances of the petitioner and Thai fiancé(e) or caseload of cases with the participating U.S. agencies/offices.

If the petitioner is a member of the US military, the petition may be expedited and may take less than 6 months of processing.

The Diversity Visa Lottery

With the talk of immigration reform, there has been a lot of discussion of the diversity visa program. Some reform proposals call for the increase of visas available for graduates with advanced degrees in science and engineering, but at the expense of eliminating the diversity visa program. So, what is the diversity visa program?

The idea behind the program is to make visas available to people from areas of the world where few people have immigrated to the United States. Currently 50,000 visas are available on an annual basis. If a country has sent 50,000 or more immigrants to the United States in the last five years, then those born in those countries may not receive a diversity visa. Based on this criteria, ineligible countries include Canada, Mexico, the Philippines, the Peoples Republic of China, El Salvador, Haiti and South Korea. In fact the only country in North America where natives are eligible to receive a diversity visa is the Bahamas.

The diversity visas are distributed by region, with the regions sending the fewest immigrants to the United States in the previous five years receive the most visas. The regions which currently receive the most visas under the program are Africa and Europe. No one country can receive more than seven percent, or 3,500, of the visas available for that year. The visas are distributed at random.

To apply, a person enters the lottery online during the registration period. Winning the lottery does not guarantee that the applicant will receive the visa. Rather, the applicant must meet certain additional requirements. The applicant must have graduated high school, or have spent two out of the last five years in an occupation requiring at least two years' training or experience.

A person does not need to meet the eligibility requirements in order to apply online. This has led to a number of disappointed lottery winners. That is, a person wins the lottery only to learn that he or she does not have the required education or work experience to receive the visa.

The diversity lottery has been in existence since 1995. Critics have argued that the system is unfair, as there are thousands of aliens present in the United States on temporary work visas who have to wait years for an immigrant visa to become available, while diversity visa winners receive their permanent residency based solely on chance. Critics have also argued that the program is susceptible to fraud, and that through the lottery terrorists could enter the country.

The House of Representatives has voted to eliminate the diversity visa program in 2005. However, the bill was never passed in the Senate. In September of 2012, another bill was voted on in the House which would have eliminated the diversity visa program in order to increase the number of immigrant visas for graduates with advanced degrees in science and engineering. While the bill received a majority vote, it was brought up on the suspension calendar, it required a two-thirds majority to pass.

Laws Regarding Inheriting US Citizenship If You Were Born Between May 25, 1934 to December 23, 1952

In many situations, even though a child is born outside the US, if at least one parent was a US citizen at the time of the child's birth, the child automatically obtains US citizenship. The laws governing whether or not a child born outside US boundaries obtains US citizenship from his or her parents have been altered several times. The Law that was in effect on the date of the child's birth governs whether the child obtains US citizenship from a parent or grandparent.

In this article I go over the laws that apply to you if you were born between, May 25 1934 to December 23, 1952

Birth between May 25, 1934, and January 12, 1941

If you were born between May 25, 1934, and January 12, 1941, you obtained US citizenship at birth if both your parents were US citizens and at least one had lived in the US prior to your birth. The law at this time placed no additional conditions on retaining US citizenship obtained in this way.

You could also get US citizenship if only one of your parents was a US citizen, as long as that parent had a prior US residence. If your US citizenship came from one parent, you too would have been required to reside in the US for at least two years between the ages of 14 and 28 in order to keep the citizenship you got at birth. Alternatively, you could retain citizenship if your non-citizen parent naturalized before you tuned 18. Otherwise your citizenship would be lost.

Birth between January 13, 1941 and December 23, 1952

If you were born between January 13, 1941 and December 23, 1952 and both your parents were US citizens and at least one had a prior residence in the US you automatically obtained US citizenship at birth with no conditions to keeping it.

If only one parent was a US citizen, that parent must have lived in the US for at least ten years prior to your birth, and at least five years of those years must have been after that parent reached the age of 16.

With a qualified parent, you then obtained US citizenship at birth, but with conditions for retaining it. To keep your citizenship, you must have lived in the US for at least two years between the ages of 14 and 28. Alternatively, you could retain citizenship if your non-citizen parent naturalized before you turned 18 and you began living in the US permanently before the age of 18. As a result of a US Supreme Court decision, if you were born after October 9, 1952, your parent still had to fulfill the residence requirement in order to pass citizenship on to you, but your residence requirements for retaining US citizenship were abolished - you need not have lived in the US at all.

If your one US citizen parent was your father and your birth was illegitimate, the same rules applied provided that you were acknowledged before the age of 21 and you were unmarried at the time of acknowledgement.

The Dred Scott Case and the Fourteenth Amendment

The fourteenth amendment to the Constitution grants United States citizenship and also citizenship of the state where an individual is born to those born within the boundaries of this country. This amendment was adopted in 1868, as a means of securing the rights enacted in the Civil Rights Bill of 1866, following the end of the civil war. Both the Civil Rights Bill and the fourteenth amendment were a result of a Supreme Court decision reached in 1857, known as Dred Scott vs. Sandford, and had to do with the issue of citizenship for freed slaves.

Scott was a slave, born a few years before 1800, and owned by Peter Blow. He was taken by his owner, to Missouri, in 1820. Peter Blow died, and Scott was purchased by Dr. John Emerson, a United States army surgeon, and taken to Fort Armstrong, Illinois. Illinois was brought into the United States, in 1819, under the provision that slavery was forbidden in that state. Dr. Emerson was then moved to Fort Snelling in the Wisconsin territory, where slavery was "forever prohibited". During his stay in Fort Snelling, he married Harriet Robinson. Marriage was seen as a contract, and a slave could not enter into a contract, nor marriage. The entering of the marriage contract in a free territory was one of the main underpinnings of his claim of freedom.

Dr. Emerson was assigned to Louisiana, and en route, a baby, Eliza, was born on a boat on the Mississippi River, within the Iowa territory, which also prohibited slavery. Dr. Emerson later died in 1843, and for three years, he continued to work for his widow. When he attempted to purchase his freedom from his owner, she refused, and he began seeking legal recourse for obtaining his freedom.

The first case was heard in a court in the Missouri territory, which had been favorable toward slaves, and this was believed to be an easy case to win. However, on a technically of not providing a witness that he belonged to the widow Emerson, he lost his case. Higher courts refused to overturn the decision, and the case eventually reached the Supreme Court of the United States.

The questions that the Supreme Court sought to answer in three points. The first was whether or not Dred Scott had the ability to be heard in federal court, because he had not yet been proven to be a citizen in any state. The second was whether the United States could grant citizenship to a person not having first been granted state citizenship. The final question was whether or not living in a free territory was basis for claiming free status.

On the last point, the decision was that his return to the Missouri territory overrode the time he spent in free territories, and therefore, he was not a free man. The decision led to the eventual passage of the fourteenth amendment, which in part, overturned the ruling. The question remains today over who becomes a citizen under the fourteenth amendment.