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United States Immigration News
 New York, July 2008
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CITIZENS WANTING TOUGH IMMIGRATION STANCE LEFT WITH LIMITED CHOICES

Immigration and Election 2008WASHINGTON, D.C. - Citizens wanting to support a presidential candidate that will take a tough stance on illegal immigration have limited options. They will have to select a candidate based on other factors. Both candidates, Senators Mc Cain and Obama, appear to have a similar stance on illegal immigration. Earlier Republican candidates Tom Tancredo of Colorado and Duncan Hunter of Alpine strongly opposed illegal immigration and made it known during their campaigns. Senator McCain in the past has supported proposals for illegal immigrants to have the opportunity to become future American citizens. Last year he sponsored comprehensive Immigration Reform even though this outraged many conservatives. It also made some think twice about whether he should campaign for the 2008 presidency based on his support of immigration reform. Last January at a Republican candidate he was asked if he would support giving illegal immigrants a pathway to U.S. citizenship and he said he felt differently. He said he would now vote “no” on that same measure. McCain mentioned that one of the things American people wanted was to first secure our borders. Recently Obama’s campaign team pointed out that McCain has a contradictory stance on illegal immigration. Less than two weeks ago McCain met with 150+ Hispanic leaders in the Illinois region. One of the statements he made to the leaders was that if he was elected he would certainly support comprehensive immigration reform. Obama’s stance on illegal immigration includes a combination of legalization and enforcement.

MINOR CRIMES A PATHWAY TO DEPORTATION

Crime and DeportationLOS ANGELES, CA - Sometimes non-citizens commit minor crimes in their past and it comes back to haunt them. They straightened their life out and now have been law abiding for decades. These individuals have been living in the United States and have been here legally in the country. Now some of them are facing deportation. Such was the case for Keith Brown who at age 17 and 21 had minor convictions dealing with marijuana. The convictions occurred not in the United States but in England. Years later he converted to Christianity and became a pastor. He has been married to an American woman for 27 years and has two American children. Brown has consistently been denied permanent residency. So he has had to leave the United States for periods of time and come back on work visas. Ever since he applied for his first visa he has been truthful to the American government about his past convictions. His most recent attempt in obtaining residency was unsuccessful and is facing deportation. Brown has been told that his family can stay in the United States but that he must leave. He is asking immigration to take another look at his case and give him a fair chance. Another similar case involved an Italian immigrant called Roberto. He came to the United States at 12 years old and became a permanent resident. Roberto later got married and had five kids. Then in 2003 he was deported due to attempted robbery that occurred nearly 20 years ago. Many others are in their same shoes and are facing deportation for minor crimes committed in their past.

EXPATRIATION FOR WEALTHY BECOMING MORE EXPENSIVE

Tax ParadiseMIAMI, FL - Thinking about escaping United States federal and state taxes by becoming an expatriate? It is possible to renounce to American citizenship but taxes will still be owed to the American government. What about leaving one’s money to another American citizen to avoid paying federal and estate taxes? This is also not a favorable alternative since it is taxed at a significantly high rate. Even though less wealthy Americans are choosing to renounce their U.S. citizenship they are still some that continue to do so. A new bill that many expect to be signed into law soon will make becoming an expatriate even less attractive for tax avoiding purposes. In 1996 a law was introduced for individuals who had greater than $622,000 in assets and had paid greater than $124,000 in income taxes at the time of expatriation. They were mandated to pay U.S. taxes for a minimum of five years. Instead of being taxed on U.S. taxes they would be taxed on their worldwide income. Eight years later the law was extended to as many as ten years instead of the original five. Just last month both houses of Congress easily passed the Heroes Earnings Assistance and Relief Tax Act of 2008. President Bush is expected to sign the act. The bill will give military members tax breaks and tax rich Americans who expatriate themselves. Expatriates will be taxed on their property as if they had sold it the previous day at fair market value. Also if the expatriate decides to leave money to another American citizen then their gift will be taxed considerably. The highest gift tax rate will be applied which amounts to 45%. Those affected could extend to foreigners who work in the U.S. for a certain time and then return home.

LEGIT MARRIAGES STILL FACE MANY OBSTACLES FOR GREEN CARD

Green Card through MarriageSAN ANTONIO, TX - Marriage to an American citizen used to be an easy pathway to citizenship but all that has changed. Numerous preventive measures have been put in place to prevent marriage fraud which is also making it difficult for those with legit marriages. Some are not aware of the long and meticulous process behind obtaining residency for the spouse. When Nancy Hanna became an American citizen she thought that her Egyptian husband would easily be granted permanent residency. She was in the United States and her husband in Egypt waiting for the opportunity to join her. Hanna was so excited that she called her congressman and found out that getting her husband back would not be easy. It has been more than two years since Hanna became an American citizen and yet she has not been able to be reunited with her husband on American soil. She is saddened about being separated from her husband and feels like her life is on hold. A similar story occurred with Norma and Raad Al-Hilfy. Raad is a naturalized American citizen who worked in Iraq as a translator and was injured in a grenade attack. They now have a child but Norma is facing deportation. She was born in Guatemala and entered the U.S. illegally nearly 17 years ago. If she gets deported, Norma would not be able to come back for 10 years. Under federal law, immigration law violators must return to their homeland while their spouses request permission for their return to the United States. The amount of time in their homeland varies on the amount of time they have been illegally in the United States and can be up to a decade.

BILL MAY CHANGE CLASSIFICATION OF FASHION MODELS IN VISA PROGRAM

H-1B VisaNEW YORK, NY - Foreign fashion models may currently be part of the H-1B visa program but that may change if the Weiner bill is signed into law. The Weiner bill is also known as H.R. 4080 and seeks amendment to the Immigration and Nationality Act. The bill would shift the classification of fashion models under the H-1B visa to the P visa category. Currently there is a 1,000 cap for fashion models and the P visa category would place no quota for this classification. Another added bonus for these visa holders would be that they could obtain yearly extensions with no limitations. It would make working in the United States as a foreign fashion model almost hassle-free. Other employers not in the fashion model industry would benefit as well. American employers each year are faced with a good chance that they will not be able to hire as many foreign employers on H-1B visas as they would like. Many employers must make alternate plans to hire other qualified candidates due to the shortage of H1-B visas that only gets worse every year. If the bill becomes law then the 1,000 H-1B visas that are reserved for fashion models could become available to others. Another 1,000 foreigners, like engineers and doctors to name a few, could be allowed to legally work in the United States and many employers would benefit. However, chances of the Weiner bill being passed in both houses of Congress is almost slim to none.

IMMIGRATION RAIDS ALSO ROUNDING UP LEGAL RESIDENTS AND CITIZENS

ICE RaidEL PASO, TX - Illegal immigrations raids are becoming more common since Immigration and Customs Enforcement is more aggressively pursuing illegal immigrants. While thousands of illegal immigrants have been rounded up, they are some legal residents and citizens that are mistakenly being arrested. In one Texas raid agents knocked on the door of Jesus and Olivia Garcia and were looking for John Jesus Garcia. Olivia Garcia is a United States citizen and her husband is also legally in the country. Agents came looking for Olivia’s husband because they claimed he had been using the social security number of someone else. Jesus could not believe what was happening but he handed his Social Security card, Texas driving license and permanent resident card to the agents to prove them wrong. Jesus and Olivia kept telling them that he was not the person they were looking for. However, Garcia was put in handcuffs and taken into custody. To make matters worse a picture of Garcia in handcuffs as he was leaving his home showed up in the newspaper. Garcia was eventually released but what happened has left the father of five emotionally scarred. The couple has turned to an immigration lawyer who is working with other lawyers around the nation to bring a lawsuit against U.S. Immigration and Customs Enforcement. Their lawyer has knowledge of three similar cases and believes they are many more out there. In the lawsuit they are accusing ICE of racial profiling and want immigration raids to come to an end.

ELECTRONIC I-94W FORMS FOR TRAVELERS SOON ON THE WEB

Electronic Visa Waiver ProgramWASHINGTON, D.C. - The Department of Homeland Security is trying to make traveling to the United States more convenient and secure. For the 27 countries participating in the visa waiver program its nationals will soon be able to try out the electronic system for Travel Authorization (ESTA) forms. Currently travelers in the visa waiver program (VWP) must fill out an I-94W form that is distributed by cabin crew when they are nearing their U.S. destination. There are two sections on the I-94W form and the first must be handed over upon arrival into the United States. The last section is handed over to airport security staff when leaving the United States. If the last section is not turned in then it must be mailed to American authorities. In addition to the form, the foreigner must include proof of U.S. departure and a letter of explanation. Beginning August 1, 2008 travelers will have the option of trying out the ESTA forms which can be completed before departure to the United States. They will be similar to the paper form and will ask for basic information such as name, date of birth, contagious diseases, visa revocation or deportation history, passport number and past criminal records. Information will be stored for a period of two years so individuals traveling within that time period will not have to fill out the form again. The electronic form will allow the Department of Homeland Security to screen applicants and identify anyone who may possibly be a threat ahead of time. The ESTA form will likely become mandatory starting January 12, 2009. At that time those who have not filled an electronic I-94W form will not be allowed to board any vessel or aircraft headed to the United States.

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