Are Syrian Refugees Terrorists? Or is ISIS Taking Advantage
Striking the Correct Balance: National Security and Immigration PolicySome immigrant advocate groups are outraged over Gov. Snyder's suspension of the Syrian refugee effort in Michigan. Governor Robert Bentley of Alabama has done the same: "After full consideration of this weekend’s attacks of terror on innocent citizens in Paris, I will oppose any attempt to relocate Syrian refugees to Alabama through the U.S. Refugee Admissions Program. As your Governor, I will not stand complicit to a policy that places the citizens of Alabama in harm’s way,"
In the weeks preceding the attack, many news outlets and national security experts were voicing legitimate concern that ISIS would take advantage of the influx of Syrian refugees into Europe to smuggle their own Jihadist fighters into Europe and the United States. And it seems that is exactly what happened. Despite the attacks in Paris and the threat posed by the influx of refugees, President Obama still plans to accept 10,000 refugees and won't allow the attacks to derail his plans to do so. There are good arguments for restricting or even suspending the acceptance of refugees into the United States and even into Europe. However, a delicate National Security policy and Immigration policy balance must be struck in accepting these refugees. I don't advocate the complete stop of accepting refugees nor do I advocate the complete free flow acceptance of these refugees. This fear that terrorists would smuggle themselves through the influx of refugees - even though it is completely legitimate - should not be the reason that America closes its doors on immigrants. This is not the time - especially now - to slam the door in the face of these people. As a nation, we have have a rich history of accepting those who are fleeing persecution, terror, and famine in their home countries. This country must be the beacon of hope that it has always been. It must continue its tradition of accepting the best and brightest minds of the world --- immigration is what makes this country strong. Immigration is what makes this country prosper. Immigration is a tremendous engine for national prosperity. We cannot bend to the will of a few malcontents who are hell-bent on destroying our way of life. If we do, we've already lost. We pray for those affected by this tragic and senseless loss of life. M. Ray Arvand, Esq. Prayers for France.Our hearts and prayers are with the people of France and their families. This tragic loss of life must not go unanswered.
-M. Ray Arvand
FACT: There is no grace period if you lose your job while on H-1B. According to the USCIS website, "There is no automatic 10-day or other grace period for terminated employees holding H-1B status, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States."
Some businesses give the beneficiary of an H1B Visa 30 days notice prior to their termination. They do this so that the Visa holder has sufficient time to wrap up his/her affiars and depart the United States. That's if he/she has an employer with a heart. MYTH: "I still need to maintain my foreign residence." FACT: No. The H1B is a Visa category is one that allows for "dual intent." What that means is that there is no requirement imposed on the foreign worker to maintain a foreign residence. The foreign employee on an H1B may also petition for a Green Card. And this brings us to our next Myth.... MYTH: "H1B automatically gives me permanent residence." FACT: No. The H1B is a non-immigrant visa allowing the non-immigrant to legally work in the United States for an employer. Just because an H1B holder has an H1B, it does not follow that the H1B holder automatically gets the Green Card. MYTH: "Our business is slowing down, and the law allows us to 'bench' (i.e. not pay) our H1B employees." FACT: No such law exists. Non-immigrants on H1B status are afforded rights and protections. One of these protections is that the employer may not "bench" an H1B holder. For example, ACME Rockets has experienced a slow down in productivity and revenue. In response, ACME Rockets decides to stop paying H1B holders in their company. The employer is NOT allowed to do that. The only time an employer can stop paying the H1B holder is if the employer genuinely fires the H1B holder. If you are an H1B holder, and you feel that your wages are being unfairly withheld, you do have recourse. It is best to speak to your supervisor or your boss to resolve the issue. If after doing so the issue persists you can file a complaint with the DOL by using Form WH-4. Try resolving the issue internally first with your employer. If the abuse continues, recourse is available. MYTH: "My employer said that I am allowed to work prior to approval." FACT: Wrong. The H1B holder is not allowed to work for the US employer prior to approval. "I came here on a B2, how can I get a Green Card?"
Visa Fraud is not to be taken lightly as it carries with it serious consequences. It is a serious national security issue. The government is actively in pursuit of those individuals who have committed Visa Fraud. Consequences of Visa Fraud: A Permanent BarIf a determination has been made that the non-immigrant has gained entry to the United States through misrepresentation and fraud, the consequence is being permanently inadmissible. That means that the non-immigrant is ineligible to petition for a Visa or Green Card, etc. There are circumstances in which a waiver is available. However, an extreme hardship determination would have to be made. In this circumstance, the inadmissible non-immigrant "must show that denial of admission to or removal from the United States would result in extreme hardship to his or her qualifying relative (or if the applicant is a VAWA self-petitioner, to himself or herself); and the applicant must show that a favorable exercise of discretion is warranted." See USCIS website.
You're going to have a deportation force, and you're going to do it humanely. Don't forget...that you have millions of people [who] are waiting in line to come into this country and they're waiting to come in legally. And I always say the wall, we're going to build the wall. It's going to be a real deal. It's going to be a real wall. Illegal immigration is a growing problem in the United States. The Donald's solution is to build a wall and "It's going to be a real deal." That's nothing new. He's always said that. But then he went a bit further saying that he wants to have a deportation force in place to deport all 11 Million illegal immigrants. It certainly is reminiscent of the days the United States set up detention camps for Japanese-Americans who were living in the United States. The U.S. Government rounded up Japanese Americans and very inhumanely kept them in detention camps under the pretext of National Security. Do we really want to go back to those days? I didn't think so. What Would A Deportation Force Look Like? A deportation force to round up an estimated 11 Million illegal immigrants would require mobilizing the resources needed to invade a country (so, I guess we're invading ourselves). Not only is it unrealistic, but the cost of doing so would be astronomically prohibitive. We'd essentially live in a Police State...and broke.
I think all these Presidential Candidates are bringing attention to an important issue in a very infantile manner. If in the alternative you want to make yourself feel better about it, it's their very bad impression of a political cartoon.
"What we really have to do is stop the adjective before the job title—whether it's 'black actor,' a 'gay actor' or 'anything actor. Everybody thinks that equality comes from identifying people, and that's not where equality comes from. Equality comes from treating everybody the same regardless of who they are." -Matt Bomer Being Gay and Petitioning USCISTo add to Matt Bomer's quote, let's not call it Gay Marriage either. It's marriage. Plain and simple.
There is no question about it. There is still considerable opposition to same-sex marriage in America. Notwithstanding the fact that gay marriage is now legal in all fifty states, many hold out states like Alabama (i.e. Kim Davis) are holding tight to their guns in opposition to it. The United States has come a long way since the days of denying immigration and marriage benefits to LGBT couples. It is a monumental success to see that the United States has seen this change and SCOTUS has ruled that gay couples can now marry. But LGBT rights is so much more than marriage. Much of it involves securing immigration benefits as briefly described below. Fiance Visas: Under the law today, same-sex couples can now get married. A U.S. Citizen can now file an I-129F in order to file a fiance petition, so long as all other immigration requirements are met. The U.S. Citizen and the holder of the K-1 Petition must get married within 90 days from entering into the United States. If the marriage does not happen within the 90 day window, the Visa holder is out of status and will be subject to removal (deportation) and will not be eligible to adjust status. Assuming that all goes well and that they do in fact get married, the non-U.S. Citizen spouse may then apply for a Green Card. In legalese this is called Adjustment of Status. Adjustment of Status means that the foreign national can obtain lawful permanent residence in the United States without having to leave the United States to do so. Keep in mind that this term is not the same as "change in status." That's a whole different concept. A change in status is usually when a non-immigrant goes from one non-immigrant status to another. When Should I Adjust Status when I Marry my U.S. Citizen Spouse: This question comes up all the time. According to the USCIS website, "You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means." There really is no good reason to delay this. As soon as you get married, file the I-485 to adjust status. Asylum Petitions: People who are gay and who live in countries who are hostile to gay people i.e. some countries in the middle east may apply for asylum based on their sexual orientation. In order to file an asylum petition and be successful, the applicant must demonstrate that they are "seeking protection because they have suffered persecution or fear that they will suffer persecution due to: Race, Religion, Nationality, Membership in a particular social group, or Political opinion. (See USCIS page on Asylum). Sometimes there will even be overlap. This may even fall under political opinion or even religion. But generally speaking, asylum based on sexual orientation fall under the membership in a particular social group (or PSG). What We Do: The LGBT community faces many challenges. We work very closely with all of our clients to make sure that their journey through the immigration process is as seamless and as stress-free as possible. We know that the immigration process is very stressful (and at times infuriating), but finding an attorney and working with that attorney shouldn't be. You like what she has to say, and so you hire her, you sign the retainer, and you give her your money to cover your legal fees. During your visit, she tells you that you should use common sense while you are on Social Media because anything you post to the internet becomes public and may be used as evidence against you in your matter. Some people may take this lightly, saying "Yeah but everyone posts on social media." There is hardly a shortage of cases where a social media post has FUBAR'd a case. The point being, the government is watching. Read the USCIS memo on the subject. It is eye-opening. Trust me, you DO NOT want USCIS to be your "friend" on Facebook. So, the idea that anyone who is in the USCIS system petitioning (or is the beneficiary) for anything would "like" the USCIS page is absurd. "But my privacy settings are high." Doesn't matter. No matter what your privacy settings are, no matter how "strict" you think the settings have been calibrated - it's the internet. Something can easily get "shared," "retweeted," or "pinned" to social media. A posting in the late hours of the evening is not worth ruining your case before USCIS. The Verdict: The bottom line is, if you have a case before ANY court, don't post anything about it on social media. Nothing good can come out of it. My Practice: What I do with my clients is quite simple: when they come in for their consultation, we sit down in the conference room and I go over their case. At the end, I ask them: "Do you have social media accounts?" The looked at me with a puzzled look, "Like, why? Does he want to add me as his friend?" Obviously not. But I tell them, that they should refrain about posting anything about their Asylum petition, their Green Card application, or whatever it is that they are filing. I also have this advice worded into the Retainer Agreement. It's always good. In fact, I have a fact sheet which I am developing to give to my clients as a supplement. I think the list of Clients Rights that is given to the client should always be accompanied by a Social Media info sheet. The greatest case in the world, the slam dunk case, can be torpedoed by a late night spur of the moment posting. It's not worth it. The Conclusion: The Conclusion is the same as the pic in this posting: "They are watching you!" It's not paranoia if they are in fact watching you. Ignore your lawyer's advice at your own peril. Sen. Feinstein, you are wrong! The EB-5 Program IS what America stands for!"4.4 million people are waiting in line to come to this country. More than 97 percent of these are family members of American citizens or lawful permanent residents who have been approved to enter the country but are unable to secure a visa due to the backlog. Others are seeking employment-based visas. ...Simply put, EB-5 sends a terrible message to the millions of immigrants patiently waiting their turn to enter the United States legally to be reunited with their families or for legitimate employment. It says that American citizenship is for sale, and that's not what our country stands for. The program is also susceptible to fraud and abuse." Let's break down her arguments: 1. "The program is also susceptible to fraud and abuse." Generally speaking, there will always be people who are looking to game the system - no matter what it is. Senator Feinstein wants us to believe that because the EB5 Program may be susceptible to fraud and abuse that we should simply do away with it. This argument falls flat on its face. Any system or program will have installed within it a series of filters and procedures by which every application is checked and properly adjudicated to ensure proper compliance. A few applicants whose intent is to "game" the system may fall through the cracks. But, that only means the government has to be vigilant in its adjudication of the EB5 Applications. It does not follow that the EB-5 Program should be allowed to end, as Sen. Feinstein is calling for. This is clearly a weak argument made by the Senator. But she did make a strong case for reforming family-based immigration, no doubt. 2. "American Citizenship is For Sale": This is simply bluster and political posturing to please her constituents who oppose the EB-5 Program altogether (and she knows it). American citizenship is not for sale and never has been. There is no guarantee that by simply bringing in the required capital that the investor will automatically get his/her petition approved and thus get his/her Green Card. These funds are put in Escrow until the petition is approved. What is the Message of the EB-5 Program? INVEST IN AMERICA! "INVEST IN AMERICA" is the message that EB5 sends. It attracts the necessary foreign investment into the United States that every nation needs in order to be strong. We are asking them to make an investment in America, and in turn America will give them a return on their investment. Hasn't this always been America's motto? Work hard, it will pay off! How is this different? This is not selling American citizenship! This is what builds America - immigrants who come here with their money and their ideas (whether they are rich or poor) to make America great! Every Nation MUST Attract Foreign Investment: Every nation has some sort of immigration program in place to encourage investment by immigrants. The Wall Street Journal highlights an Australian program similar to the EB5 Program allowing immigrants to bring in $5Million dollars in investment into Australia. The program allows them to invest their money, stay in Australia for up to four years and then they can adjust their status to permanent resident. EB5 benefits Americans. According to that same Wall Street Journal article, "In the fiscal year ended Sept. 30, more than $1.8 billion was raised by the U.S. this way and 7,641 foreign nationals were issued visas, 80% of them Chinese." $1.8 Billion - let that number sink in. That's not small money. If at a minimum each of these immigrants created 10 job (as the EB5 Program requires), that is 76,410 American jobs created. Think how many American families benefited, and how much money got poured into the American economy by these newly employed Americans. Affordable housing woes in Miami can be alleviated by EB5 money coming in from foreign investors. According to Miami's Mayor, Tomas Regalado, affordable housing is the number one reason his constituents contact his office. There is a waiting list of 52,000 people looking to secure affordable housing for themselves and their families. Why wouldn't we make every effort to raise capital and attract foreign investment to develop affordable housing and build our infrastructure. 3. 4.4 Million People are Waiting in Line to Come to this Country: Scrapping the EB-5 program will not alleviate this horrific immigration backlog facing USCIS. By her own cited stats there are 4.4 Million people waiting in line to come to this country. Adding 10,000 visas to these other categories will not alleviate this problem. Meaningful immigration reform must take place to process those backlogged applications filed 23 years ago (as her article states): "As of February 2015, United States Citizenship and Immigration Services was still processing family-related visa applications filed in 1992 — 23 years ago." That tells me that there is something fundamentally wrong with what USCIS is doing -- and it's not the EB5 program. At it's core, the article Sen. Feinstein wrote makes a great case for meaningful immigration reform. And in the same stroke, she made a terrible case to end the EB5 Program. Basically what she is saying in her article is, "It's hard. So, we can't do it." Read it. That's the tenor of her article. She says that confirming where the investor's money is coming from is difficult and she highlights a few examples of fraud, so let's end it. We need to keep America strong and competitive -- and strengthening the EB5 program is just one way to accomplish that. M. Ray Arvand, Esq. is an Immigration Attorney in Manhattan. He is admitted to practice law in the State of Connecticut. Discrimination against Iranian-American JudgesWhat happened to Immigration Judge Ashley Tabaddor should NEVER have happened in the first place.
The back story is that Judge Tabbador is an Iranian-American Immigration Judge who sued the Justice Department because she was being discriminated against. She had been asked by her superiors to recuse herself from presiding over any immigration case before her involving Iranian nationals. This type of blatant discrimination has absolutely no place in our government. Immigration Judges are assigned cases randomly. So, just because she is presiding over a case involving an Iranian national, she should recuse herself simply on the thin ground that she herself hails from Iranian heritage? I wonder: if someone is Korean, and is before a Korean judge, should the Korean judge also recuse him/herself? This is the United States of America where this type of unacceptable behavior should NEVER have even happened in the first place. It's nice - however - to see that the Justice Department has reversed itself and that Judge Tabbador has won her settlement. Obama is Untrustworthy?The New Speaker of the House of Representatives has foreclosed on the idea of passing meaningful Immigration Reform whilst President Obama is in office. Quite frankly, this is very disturbing. Already Speaker Ryan is kowtowing to the crazies in his party. It is unfortunate that Speaker Ryan in one of his first acts as Speaker of the House has decided to kowtow to the crazies in his Party who are extremely anti-immigration. Not only has he publicly announced that he will not allow any immigration reform bill to come to the House Floor for a vote, he has put it in writing and pledged that he will not allow any immigration reform bill to come to a Vote while President Obama is still President. It is dizzying and absolutely disheartening to see this type of - yet again - obstructionist behavior on part of the GOP. We may have a new Speaker - but his actions smell of the same wretched and corrosive partisanship gaming that has hurt the American people. Perhaps the tenor of the political climate will change in Washington after the election. But I wonder whether Speaker Ryan will say the same with the next Democratic President in the White House (GOP does not stand a chance to win the 2016 election). His rationale for pledging not to allow Immigration Reform bills to come to a vote is because he doesn't trust President Obama and says that he must not be trusted by the American people, citing President Obama's Executive Action on Immigration. One this is for sure. The Republicans in the House and the Senate cannot be trusted. |
AuthorM. Ray Arvand, Esq. Archives
October 2017
Categories
All
|