The immigration law community is paying attention to recent actions by the INS to restrict the length of visitor visas and to require that visitors procure F or M visas prior to pursuing a course of study in the US. In today's Featured Article, Cyrus Mehta discusses these changes. Immigration Daily readers also weigh in on this topic in today's letters to the Editor.
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Healthy or Ailing? Immigration for Doctors and Healthcare Workers
This seminar features William Stock and Robert Aronson (more speakers to be announced). The deadline to sign up is Sunday, April 21st! The seminar outline is as follows:
1. How to Immigrate as a Physician including Credentialing and licensing: What does it take to be a US doctor? (ECFMG, residuary, USMLE); Entering to get credentialed: F Visa - study centers, J Visa - how to get it (no more researcher to doctor switch), H Visa - What's really required to be an H-1B resident, O Visa Can it work for a "training" position?; Permanent Residence Options (or, I've got my license, now what?): Labor Cert, NIW for Underserved area, EB-1 or NIW for high-level clinicians.
2. 212(e) Waivers for Doctors including: What's a HPSA, anyway, and how do I find out if my job is in one?; Which federal government agencies sponsor waiters?; I'm a specialist, where can I go?; State 20 programs; Waiver procedures - nuts and bolts; Interaction of J waiver and NIW for underserved areas.
3. Allied Health Care Workers including: Nurses - the "straight to green card" option; Nurses for shortage areas (or, does H-1C really work?); Dentists, chiropractors and others called "Doctor"; PTs, OTs, and other therapists; Medical technologists; Credentialing and licensing issues; Specialty occupation issues for allied health professionals; What's this "Visa Screen" anyway?; Permanent Residence issues and options
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ILW.COM Featured Article of the Day
Advisory On New INS Rules To Restrict Visitors And Students
Cyrus D. Mehta writes that the proposed INS rule, once it takes effect, will have the greatest impact on relatives of immigrants who are planning to spend more than 30 days in the US and will also burden the INS with unnecessary extension applications.
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Senate Debates "The Enhanced Border Security and Visa Entry Reform Act"
The US Senate began debate on the H.R. 3525, the Enhanced Border Security and Visa Entry Reform Act of 2001, with statements by Senators Kennedy (D-MA), Feinstein (D-CA), Kyl (R-AZ) and Brownback (R-KS).
General Accounting Office Reports on INS's Forensic Document Laboratory
The General Accounting Office submitted its report to the House Judiciary Committee and the House Immigration Subcommittee on INS's Forensic Document Laboratory, the only federal forensic crime laboratory dedicated almost exclusively to document fraud detection, whose staff size and budget will nearly double due to a January 2002 supplemental appropriation by Congress.
Guilty Of Willful And Knowing Illegal Reentry Despite Inability To Read Notice
In US v. Suazo-Martinez, No. 01-4294 (4th Cir. Apr. 15, 2002), the court said that the Government demonstrated that Defendant acted willfully and knowingly in reentering the US, and held as meritless Defendant's contention that the Government did not meet the mens rea element of his offence of illegal reentry after deportation because he did not and could not read the notice he signed informing him that he could not return to the US after deportation and thought his reentry was approved when agents allowed him to enter Texas after examining his green card.
Grounds Of Removal Order Irrelevant To Issue Of Jurisdiction
In Bayudan v. Ashcroft, No. 00-70916 (9th Cir. Apr. 15, 2002), the court held that the fact that Petitioner's removal order was based on grounds of moral turpitude was irrelevant to the issue that it lacked jurisdiction to review the petition of an alien convicted of an aggravated felony.
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Immigration in the Press
South Carolina To Crack Down on Undocumented Immigrants
The Times Examiner in Greenville, South Carolina reports that South Carolina Attorney General Charley Condon said he is planning to “lead a crackdown on the presence of illegal aliens in the State,” using federal rather than state authority.
Letters to the Editor
The following may be a Section 245(i) alternative – everyone can love/hate:
If it seems that Section 245(i) is dead in the Senate, perhaps it is time to address fundamental safety concerns and the enforcement of immigration law in a way that makes common sense and accomplishes the goal of deterring immigration violations and perpetuating safe, legal immigration. The U.S. can perpetuate legal immigration by allowing people with overstays to be able to adjust – overseas.
An objection to S.245(i) is that it encourages the flouting of U.S. immigration laws. A second is that it permits those in violation of the laws to jump ahead of others waiting patiently overseas to legally come to the U.S. AILA and other immigrant advocates state that 245(i) only allows those who, but for overstays and other problems often caused by delays and INS’ internal problems, are eligible to adjust and would still be required to wait their turn. The problem with AILA’s response is that it underestimates the benefits of waiting for adjustment in the U.S. Those waiting outside the U.S. may have families and business reasons among others to want to be in the U.S. just as those who are in the U.S. want to remain and process here.
The answer is not to allow everyone into the country and have him or her adjust here. The answer is to encourage overseas interviews at the consulates to screen applicants for admission to the U.S. All applicants for any immigration benefits will have to go through extensive background checks and hopefully the Federal government departments charged with aspects of immigration policy will finally coordinate their databases and operations.
A problem is the 3 and 10-year bars for people who overstay or are out of status for over 6 months and 1 year respectively that are triggered upon leaving the United States. These bars drive people underground and are incentives to hide and evade the government.
What if something like Section 245(i) were formulated to allow people, without any criminal backgrounds or removal orders, etc., to apply for adjustment of status overseas? Such may be an incentive for illegals to leave the country and wait their turn in line if they know that they will not be barred from 10 years from returning legally.
The 3 and 10 year bars are supposed to be a deterrent to overstaying – but are they really such, or are they a deterrent to leaving?! As the country cracks down on immigration violations, it will be increasingly difficult (we hope) to enter the country illegally. Perhaps for people without orders of removal, those who are out of status for 6-12months can be barred for 6-12 months, instead of the 3 years, pay a $1000 fine, and process overseas, and those out of status for over 1 year can be subject to a 1 year bar – enough to be the deterrent against overstaying but perhaps less severe so that people will leave the country to process overseas.
I believe this may be a sensible solution for all sides considered, which takes into account the need to have U.S. immigration laws enforced and respected and the need to take control of an illegal population that only has an incentive to hide from the law, rather than obey it. Any thoughts or suggestions are welcome.
Ross Brady, Esq.
I want to say something in response to J. Seyes's comments on the INS new 30 day rule on visitor's visa . It's not because INS realized that no one visits the US for a period of 6 months so they are changing the rule, it's because INS wants to do something in response to the activities of terrorists. However, do you really believe that terrorists care about how many days the INS allows them to stay in the U.S. when they are determined to do terrorist activities? It's the most stupid thing. I also note that INS will go after visitors and students after 9/11 just because some of the terrorists had such visas.
It's true that not many Americans ever visit a foreign country on vacation and stay for 6 months. You may not have the time or money to do so. But don't be so simple to assume others won't visit America for 6 months. I know a lot of immigrants who are very involved with their life and work in America and don't have time to visit their families in their home country. So they invite their family members (mostly retired parents) to visit them here in America. Do you know how long they stay? Mostly 6 months! Do you know why? Because they have the time. And because it cost them a fortune to buy airline tickets to fly to the US so they don't want to just stay here for 30 days!
Shortly after INS proposed the 30-day rule, I heard a group of immigrants talk about the effect of the new rule. They said they have only 2 options, either to have their family visit them and stay here illegally beyond 30 days (which will make it difficult for the family to visit at a later time), or just cancel the visit. I really don't see there are other better options left to those law-abiding people. In my view, INS is abusing its power and using the law to punish good people!
One thing to add, I bet the airline business will go down because of this new rule. This is another contribution INS will make for the US economy.
There are hundreds of foreign nationals who have winter homes in Florida, especially those from the U.K. They are retired persons and stay for about 5-6 months. Most will now enter on visa waivers and lie about length of stay. The visa waiver program should be abolished. Our Consulate staff are better equipped to adjudicate potential overstays, etc. than INS airport officers.
The ridiculous visa lottery should also be abandoned and save 50,000 visas best used in other areas. Its purpose now is to provide amnesty for those in the U.S. illegally. The lottery, initially, helped Irish nationals, who received a greater percentage of selections during the first year. Sen. Kennedy was a co-sponsor.
Law Office of Manny Singh,
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