Child Status Protection Act
We are pleased to bring you today's Featured article by distinguished practitioners Tammy Fox-Isicoff and H. Ronald Klasko on the Child Status Protection Act (CSPA). Ms. Fox-Isicoff and Mr. Klasko discuss the complexity underlying the CSPA and offer strategies specifically addressing the following 3 questions:
To read this article, see here.
- How does the CSPA apply to children who turn 21 years of age prior to August 6, 2002?
- How is the CSPA affected by concurrent filing of adjustment of status applications?
- What procedure must be followed in order for a child to benefit from the CSPA if the child will be a following to join immigrant visa applicant?
Other Health Professionals Seminar - A Holistic Approach
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The Child Status Protection Act: Is Your Child Protected?
Tammy Fox-Isicoff and H. Ronald Klasko discuss the issues that are critical to determining which children will receive coverage under the CSPA, all of which are presently the subject of some debate or controversy.
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Immigration Law News
Senate H-1B Hearing Additional Testimony
The Senate Judiciary Committee held a hearing on H1-Bs and received testimony from Mr John Steadman, President-Elect
DHS H-1B Report Says Number Of India-Born H-1B Workers Declined By 60%
The Office Immigration Statistics of the DHS released its annual report on characteristics of speciality occupation workers (H-1B) for FY '02.
GAO Says US-Visit Program Is Very Risky Endeavor
The Government Accounting Office of Congress issued a report based on its examination of the US-VISIT Program, and included recommendations to the Secretary of DHS aimed at minimizing the risks facing US-VISIT.
BALCA Notes Female Spouse Is Shown As Housewife On Tax Return In Domestic Cook Case
In the Matter of Susan & Robert Hermanos, No. 2002-INA-256 (BALCA, Aug. 28, 2003), the Board of Alien Labor Certification Appeals said in a live-in cook case that the offered wage, being 31% of the household's gross income was a substantial expense, and noted that even though Employer repeatedly argued that the female spouse's job prevented her from running the household, the tax return showed that her job was housewife.
BALCA Says Employer's Bare Assertion Does Not Amount To Proof
In the Matter of Britton Bridge, No. 2002-INA-119 (BALCA, Aug. 27, 2003), the Board of Alien Labor Certification Appeals said that Employer's bare assertion that the wage offered was fair does not amount to proof.
Migrant Worker Program Reached, 1st Large-Scale Immigration Pact Since '86
The Oregonian reports "Roughly a half-million undocumented farm workers could win legal residency after six years in the fields, and eventually apply for citizenship, under a bipartisan federal agreement."
H-1B Visa Use Declining Contrary To Popular Opinion
The Denver Post reports "The use of H1-B visas, which allow foreigners to work in the US for up to six years, has dropped 75 percent in one year, according to new numbers released by the American Electronics Association, a trade group that represents 3,000 tech firms."
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Help Wanted: Experienced Immigration Attorney
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Letters to the Editor
I have a hard time understanding how a person, an immigration attorney, can on the one hand believe that the forced deportation of undocumented people is the right thing to do for this country, and on the other, help these same people with their immigration issues. If that's the case, and I have no evidence to the contrary, it must weigh heavily on the conscience. How can we say as human beings, that destroying the lives that undocumented people have built here in the US, people whose ancestors were here far before some of us ever knew this place existed, by sending them back to a place they can barely live, is somehow the moral and just thing to do? I certainly can't reconcile that in my heart and mind. While undocumented people are living here illegally, I don't see anything unjust or immoral about it. Immoral would be to allow your children to starve to death when there was a chance, however small, that you might be able to provide at least a basic existence for them by traveling to another country, where you will work as a busboy at two restaurants, even though you are a 40 year old man, share a one bedroom apartment with 10 others who are similarly situated, and send what money you don't need for food, back to your family. Immoral would also be to send these people back effectively destroying their lives so that we won't feel threatened by people we perceive as different. Deport Ken Lay, not the local gardener or busboy.
By the way, I agree wholeheartedly with SJD & Richard Baer's letters. Also, in response to another comment from a previous posting. I am an African-American, who lives and grew up in one of the largest and most diverse cities in the country, and I can tell you that not one African-American I have ever met has any concern that somehow, Latinos are taking jobs away from them. Not to say that some misguided souls, falling for the constant "divide & conquer" tactics of a certain segment of the population aren't parroting this concern. But, at a local level, this just isn't a problem that is being discussed.
SJD's letter proposes legalization then meaningful immigration reform, which is precisely what we should not do. Meaningful immigration reform, including commitment to enforcement, must come first, or all we will have is a repeat of the 1986 amnesty and subsequent increase in illegal immigration. With immigration reform and enforcement in place, then perhaps we can discuss some type of legalization. The "guest worker" programs such as those proposed by Kolbe and Flake, or any amnesty program for that matter, are doomed to failure as a means of reducing illegal immigration if they are not accompanied by strict enforcement of immigration laws. Why on earth would an employer go to the trouble and expense of hiring through these programs, and being subject to their requirements, when he can still get illegal workers cheaper and without the oversight? And without any real penalty? Why would an illegal employee risk having his/her presence on record, when there is the possibility that they will not be able to remain here? In fact, one of the sponsors of these programs himself claimed that big business was not behind guest worker programs. If big business is not behind it, why would it use it if it is still able to hire workers illegally with impunity? And what do "guest worker" programs plan to do about all the workers who want to come here, but for which there will be no jobs? They will still come illegally, if laws are not enforced.
Given the tremendous backlog on processing all immigration applications, and the current inability, in terms of manpower and cooperation, of immigration authorities to monitor the programs already in place, there is simply no way that a new guest worker program will prove anything but a drain on and diversion of existing resources. Rampant fraud was found in the 1986 amnesty program, and the GAO has found it in the current H1-B visa program, can we expect anything else from a new guest worker program. Particularly when immigration authorities haven't the resources to monitor it closely?
SJD and Richard Baer's letters to the Editor could be
Exhibits A and B in the case against immigration lawyers being the sole
or major determinants of entry policy. SJD's elitist and self-serving
belief that, "...only people with a sophisticated grasp of the
complexities of immigration law can contribute significantly...", is
typical. The sole purpose and existence of America is not to process
and to assimilate unlimited numbers of foreigners. We are a nation with
lives, goals and problems of our own. This statement includes recent
immigrant citizens. There is no right of non-citizens to migrate here,
but it is a privilege, or should be. Any individual, profession, or
policy that fails to recognize this is an infringement upon existing
citizens and their rights. To be against the massive immigration
invasion is not to be anti-immigrant. It is only to recognize the
negative impact, difficulties and imposition of excessive entry and to
advocate limited entry numbers. Those who tout the benefits of
immigration ignoring reasonable limits or advocating unlimited numbers
do a disservice to our society. When one takes a morning shower, the
reasonable behavior is to seek a proper mix of hot and cold water that
is acceptable without being harmful. The idiocy of calling someone a
"thermophobe" or accusations of discrimination, hate or venom against
cold or hot water in this process or to maintain that only an attorney
can determine the proper ratio reveals, by this practical example, such
name calling and rhetoric for what it is, a phony and bankrupt intellectual position with possible other motivations. The record levels of legal immigration, together with massive illegal entry is the
equivalent of scalding hot water upon US. SJD still maintains that, "...
our country was built on the backs of slaves and illegal immigrants, or
on our illegal conquest of land" despite my last letter discussing the
US history of land purchases from those who never compensated anyone and
we are told over and over that it was primarily migrants who built our
country. (Slaves are not considered migrants in the strict meaning)
What is truly amazing is that in the aftermath of 9/11 and with the
ongoing terrorist threat, much of it made possible by lax immigration
and border policies, that Mr. Baer can make the statement that, "...the
fears against immigrants are as unjustified today they were in the
past". When entry is not limited, allocated and controlled, the
conditions in which terrorists can operate are created along with
numerous other negatives. Even his reference, "The Hidden History of
Immigration" by Martin Ford states as its theme that, "History often
hides from those who make it" and goes into some detail about the great
difficulties of assimilation of migrants, stating that it takes three
generations to accomplish. This can only be done on a limited,
controlled basis and to allow otherwise overloads our systems and
society. Mr. Ford also makes many references to the orderly, limited and
screening process that went on at Ellis Island. How is that possible
today with the blatant numbers of undocumented and untracked entrants?
He also states that from the 1600's to 1890, that 7 million Germans came
to America. We have had more than that of Mexican illegals in the past
decade. This is the reason Mexico and Latinos have to be prominently
mentioned in addressing this problem because of their proximity, numbers
and separatist statements and aggressive actions. The Europeans,
Africans and others can't swim across the Atlantic. This is succinctly
discussed by Prof. Maria Hsia Chang in "Multiculturism, Immigration and
Aztlan" at: http://www.diversityalliance.org/docs/Chang-aztlan.html. This phenomenon constitutes an
Immigration emergency as defined in 8 USC 1101 (INA) Section 103(a)(8)
§ 65.81, which defines: "Immigration emergency means an actual or
imminent influx of aliens which is of such magnitude or exhibits such
other characteristics that effective administration of the immigration
laws of the United States is beyond the existing capabilities of the
Immigration and Naturalization Service (INS) in the affected area or
areas". And with the porous borders, has the cooperation of Mexico with
other nations against our interests been considered? It has by Scott
Gulbransen whose recent book at: http://www.thesilentinvasion.com describes an active Chinese military influence taking place in northern Mexico. We would be foolish to assume that 9/11 is the end of threats.
Neither Mexico, nor the millions of them who have come here will always
be content to remain in the "poor neighbor" role. It cannot be stated
any clearer in regards to illegals than Ali Alexander's letter has done:
"...ultimately, my main objection to legalizing those here illegally,
visa overstays or EWI, is that it is fundamentally unfair and unjust".
The several amnesties of the past have not been the solution as SJD
naively hopes, but have only resulted in millions more making the
arrogant decision to violate our borders, culture and sovereignty making
the problem worse. To reward lawbreaking is wrong. The reform that is
needed is to fully secure the borders and to reduce immigration levels
to manageable levels (with a moratorium on Mexico due to past excesses)
which enhances security. The desires and pocketbooks of foreigners,
globalists and excessive immigration advocates should not come before
those of US citizens.
R. L. Ranger
The section of Miami known as Little Havana can sleep a little easier now as serial rapist Reynaldo Elias Rapolo has been caught by police and charged with at least seven rapes including one of a little girl only eleven years old. Some may ask why does this belong on an immigration forum? I'll tell you. Mr. Rapolo is an illegal alien from Honduras who overstayed his tourist visa and drawn to the US by constant amnesties like 245(i) and a total lack of enforcement of immigration violations. If there was ever a reason to completely stop sending a message that everyone living in the US illegally who escapes INS capture will get rewarded with their papers it is now. If you do not want to listen to reason, if you do not want to listen to the people who are waiting their turn overseas for a chance at legal entry then please listen to the victims of Mr. Rapolo and their families.
Just a note to say that the links for the 2 BALCA cases mentioned in Immigration Daily and on ILW.COM both go to the same case (the first one listed). I can't find the case about avoiding the SCA wage.
Editor's Note: Thanks for pointing out our link error. The link to "In the Matters of Garibaldi's Restaurant" BALCA case has been corrected.
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