Comprehensive Immigration Reform in 2010
On December 15, 2009, Congressman Luis V. Gutierrez (D-IL) introduced legislation (HR 4321) to reform our immigration laws. To date, the bill has 92 co-sponsors, all of them democrats.
The Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP) represents an important step in getting Congress to repair our broken immigration system.
The CIR ASAP bill is the first comprehensive immigration reform bill that aims to rectify some of the egregious immigration practices set in place since 1996 while simultaneously establishing a 21st century approach to protect and secure our nation’s borders.
Below is a thumbnail sketch of the contents of the bill:
Border Security: The bill creates a Southern Border Security Task Force that is composed of federal, state, and local law enforcement officers with oversight and accountability provided by the Department of Homeland Security. The enforcement provision of the bill ensures that the Customs and Border Protection have sufficient assets such as helicopters, power boats, mother vehicles and other advanced aerial surveillance equipment to properly secure the U.S. – Mexico border.
Enforcement: The bill repeals the controversial 287(g) program, a provision of immigration law relating to cooperation between state and local enforcement agencies and ICE (misused by some agencies bent on harassing immigrants) and clarifies that the authority to enforce the federal immigration law lies solely with the federal government.
Judicial Review: The bill would restore provisions providing for judicial review of immigration proceedings that were stripped from the law by 1996 legislation. The federal courts would be free to review the decisions and practices of the Department of Homeland Security (DHS) thereby restoring the historic role that the courts play in reviewing agency actions.
Legalization: The bill would create a program providing conditional nonimmigrant status for undocumented immigrants (and their spouses and children) in the U.S., which is valid for six years.
An undocumented immigrant must establish his/her presence on or before December 15, 2009, pass a criminal background check, learn English and U.S. civics and pay a $500 fine (plus necessary application fees) in order to obtain a six-year visa. After the six-year term has expired, the undocumented immigrant is also eligible to adjust their status from conditional nonimmigrant to lawful permanent resident status (green card) and eventual citizenship.
Visa Reforms: The bill would reduce the existing backlog by permitting “recapture” of unused employment-based visas and family sponsored visas from fiscal years 1992-2008 and allows future unused visa numbers to roll over to the next fiscal year. It is estimated that these recaptured visas would number in the hundreds of thousands. The bill would increase the number of employment-based green cards from 140,000 to 290,000 per year. To promote family unity, the bill reclassifies the spouse and children of Legal Permanent Residents and treats them the same as the spouses and children of citizens, exempting them from the annual immigration cap. Furthermore, immigration judges are given great discretionary authority to waive unlawful presence bars to reunite families upon a demonstration of hardship for applicant’s U.S. citizen or lawful permanent resident family members.
Our current immigration system has failed by all accounts and we desperately need to begin the comprehensive immigration reform dialogue in Congress in order to solve the current crisis. President Obama has indicated that he wants Congress to pass an immigration bill in 2010 and (HR 4321) may be that bill. It certainly would be a brilliant way to start of the New Year.
Immigration Reform will resuscitate the stagnant US economy…
The United States is a nation of immigrants which historically always had a liberal U.S. immigration policy. During the seventeenth, eighteenth, and nineteenth centuries, immigration to the United States was essentially open, and, at times, immigrants were even recruited to come to America to help with the settlement of undeveloped areas of the country. Until the 1920’s, no numerical limits on immigration existed in America.
What happened? Racial theories based on junk science began to influence U.S. immigration policy. The U.S. House Judiciary Committee employed a eugenics consultant, Dr. Harry H. Laughlin, who asserted that certain races were inferior. Within a short time, the Immigration Act of 1924 set new numerical limits on immigration based on “national origin.” Taking effect in 1929, the law imposed annual immigration quotas for the first time, essentially closing the door to many immigrants.
The United States, a nation of immigrants, has continually been dependent on successive waves of immigration to grow it economy. It is in large part thanks to these immigrants that the United States has prospered over the past few centuries.
I am not an economist but I am an Irish immigrant who has owned and managed a landscaping company, a real estate company and presently, a law firm and it seems to me that this country needs a multifaceted solution to solve our current economic crisis and Immigration Reform could very well be part of that solution.
According to most calculations, twelve million illegal immigrants (12,000,000) reside in the United States. Assuming that a two thousand dollar ($2,000.00) application fee is charged to twelve million illegal immigrants (12,000,000) that would generate approximately twenty-four billion dollars ($24,000,000,000) from this one time application fee that could be used to stimulate the U.S. economy.
More importantly, the twelve million illegal immigrants (12,000,000) would now be paying taxes for the first time and assuming that each individual is taxed in the 15% tax bracket and earning an annual income of $25,000.00, the Internal Revenue Service (IRS) would collect $3,750.00 per person which would amount to forty-five billion dollars ($45,000,000,000) per year in new taxes from these immigrants.
Immigration reform would stimulate the U.S. economy by generating sixty-nine billion dollars ($69,000,000,000) in application fees and taxes in the first year alone and forty-five billion dollars ($45,000,000,000) each year thereafter. Now that’s a stimulus package!
It goes without saying that Immigration Reform needs to be addressed immediately as an integral component of a strategic plan to resuscitate the stagnant US economy.
Stephen M. Dunne, Esq.
Dunne Law Offices, P.C.
1500 JFK Blvd.,
Two Penn Center, Suite 200
Philadelphia, PA 19102
(215) 854 – 6342 office
(215) 205 – 6367 cell
(215) 569 – 0216 fax
dunnelawoffices@gmail.com
www.dunnelawoffices.com
Helpful Immigration Resources
United States Citizenship and Immigration Services (USCIS)
Online Case Status Check at USCIS
https://egov.uscis.gov/cris/jsps/index.jsp
InfoPass Appointments
USCIS Case Processing Times
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Visa Bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Visa Wait Times at U.S. Consulates Abroad
http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php
Civil Surgeon Locator for Green Card Medical
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
U.S. Department of State
Customs and Border Patrol (CBP)
U.S. Immigration and Customs Enforcement (ICE)
U.S. Department of Labor
http://www.dol.gov/
Social Security Administration (SSA)
Immigration Issues with the SSA
http://www.ssa.gov/immigration/
Internal Revenue Service (IRS)
Get Your Diversity Visa (Green Card) Today!
Green Card Lottery Registration Open:
The Diversity Visa (green card) lottery is now open. Entries must be submitted electronically before noon, Eastern Standard Time (EST) (GMT-5), Monday, November 30, 2009. No entries will be accepted after this time.
Applicants may access the entry form at www.dvlottery.state.gov during the registration period. Paper entries will not be accepted.
Applicants are strongly encouraged not to wait until the last week of the registration period to enter as heavy demand may result in delays.
Let me know if I can be of any help!
Stephen M. Dunne, Esq.
Dunne Law Offices, P.C.
1500 JFK Boulevard,
Two Penn Center,
Suite 200
Philadelphia, PA 19102
(215) 854 – 6342 office
(215) 205 – 6367 cell
(215) 569 – 0216 fax
dunnelawoffices@gmail.com
www.dunnelawoffices.com
Requesting suggestions for the Irish Immigrant’s Handbook
Would any reader of my blog like to provide input to the table of contents drafted for the Irish Immigrant’s Handbook?
For your information, Ms. Siobhan Lyons has suggested that an online version be substituted for a print version and upon further review, I would have to agree with that position. An online pdf version of this handbook published on the Irish Immigration Center website would maximize the breadth of exposure and minimize any associated cost, if any with this project.
TABLE OF CONTENTS
PREFACE
INTRODUCTION
ECONOMIC SURVIVAL & ADVANCEMENT CHAPTER 1
1. EMPLOYMENT AGENCIES
FAMILY HEALTH & WELL BEING CHAPTER 2
1. Government Assistance
2. Medical Assistance
EDUCATIONAL ADVANCEMENT CHAPTER 3
1. Government Assistance
2. Private Loans
3. Grants
4. Scholarships
SPIRITUAL SURVIVAL & ADVANCEMENT CHAPTER 4
1. Catholic Charities
SOCIAL SURVIVAL & ADVANCEMENT CHAPTER 5
1. Irish Center
2. Irish Clubs
3. Irish Pubs
LEGAL RIGHTS & PROTECTIONS CHAPTER 6
1.0 Housing Rights
1.1 Evictions,
1.2 Unlawful lockouts and utility shut-offs by landlord aimed at evicting tenants
1.3 Living in unsafe and unsanitary housing conditions
2.0 Employment Rights
2.1 Employee Rights
2.2 Unemployment Compensation
2.3 Wage Laws & Claim
2.4 Family and Medical Leave
3.0 Consumer Law Rights
3.1 Defending Consumer Rights
3.2 Predatory Lending
3.3 Bankruptcy
3.4 Mortgage Foreclosure
4.0 Immigrants’ Rights to Public Benefits in Pennsylvania
4.1 Temporary Assistance for needy families
4.2 General Assistance
4.3 Supplemental Security Income
4.4 Food Stamps
4.5 Medical Assistance
4.6 Application Process & Procedure
5.0 Discrimination
5.1 Title VII of the Civil Rights Act of 1964
5.2.42 U.S.C. § 1981, as amended by the Civil Rights Act of 1991
5.3 The Age Discrimination in Employment Act
5.4 The Americans with Disabilities Act
5.5 The Equal Pay Act
Requesting suggestions for the Irish Immigrant’s Handbook
Would any reader of my blog like to provide input to the table of contents drafted for the Irish Immigrant’s Handbook?
For your information, Ms. Siobhan Lyons has suggested that an online version be substituted for a print version and upon further review, I would have to agree with that position. An online pdf version of this handbook published on the Irish Immigration Center website would maximize the breadth of exposure and minimize any associated cost, if any with this project.
TABLE OF CONTENTS
PREFACE
INTRODUCTION
ECONOMIC SURVIVAL & ADVANCEMENT CHAPTER 1
1. EMPLOYMENT AGENCIES
FAMILY HEALTH & WELL BEING CHAPTER 2
1. Government Assistance
2. Medical Assistance
EDUCATIONAL ADVANCEMENT CHAPTER 3
1. Government Assistance
2. Private Loans
3. Grants
4. Scholarships
SPIRITUAL SURVIVAL & ADVANCEMENT CHAPTER 4
1. Catholic Charities
SOCIAL SURVIVAL & ADVANCEMENT CHAPTER 5
1. Irish Center
2. Irish Clubs
3. Irish Pubs
LEGAL RIGHTS & PROTECTIONS CHAPTER 6
1.0 Housing Rights
1.1 Evictions,
1.2 Unlawful lockouts and utility shut-offs by landlord aimed at evicting tenants
1.3 Living in unsafe and unsanitary housing conditions
2.0 Employment Rights
2.1 Employee Rights
2.2 Unemployment Compensation
2.3 Wage Laws & Claim
2.4 Family and Medical Leave
3.0 Consumer Law Rights
3.1 Defending Consumer Rights
3.2 Predatory Lending
3.3 Bankruptcy
3.4 Mortgage Foreclosure
4.0 Immigrants’ Rights to Public Benefits in Pennsylvania
4.1 Temporary Assistance for needy families
4.2 General Assistance
4.3 Supplemental Security Income
4.4 Food Stamps
4.5 Medical Assistance
4.6 Application Process & Procedure
5.0 Discrimination
5.1 Title VII of the Civil Rights Act of 1964
5.2.42 U.S.C. § 1981, as amended by the Civil Rights Act of 1991
5.3 The Age Discrimination in Employment Act
5.4 The Americans with Disabilities Act
5.5 The Equal Pay Act
Green Cards through Marriage
The following is a top ten (10) list of practical advice regarding Green Cards through Marriage:
1. Don’t bother with K1 finance or K3 spouse visas: They take too long to obtain and if you use an attorney you’ll end up paying twice or even three times.
2. Marry your fiancé in the US and submit paperwork in the US. The process is easier and you and your loved one get to stay together.
3. Foreign born persons that enter the US legally may apply to adjust status without leaving US.
4. Be patient because you will have to organize a ton of supporting documents to prove your marriage is legitimate. The following is a list of the kinds of documentation required to prove the validity of your marriage:
* Birth certificates of any children born to the marriage.
* Joint Income Tax Returns and W-2 Forms.
* Deed, lease or rent receipts showing both your names.
* Health insurance policy with a family plan.
* Life insurance plan for either of you with the other listed as the beneficiary.
* Car insurance policy showing both names as listed drivers.
* Joint checking or savings account or bank book.
* Bank loan in both of your names.
* Credit arrangement in both of your names.Receipt for purchases showing both or
your names.
* Bills (telephone, gas, electric, store, medical, credit card, etc.) in each of
your names with your address or in both names.
* Employment record or job application if your spouse’s name appears on it.
* Any document which lists your spouse as person to be notified in case of an
emergency.
* Any mail addressed to either or both of you at any place you have lived.
* Photographs of the two of your on special occasions, vacation, or with family
members.
5. Hire an immigration attorney and make your life easier.
6. After your application is submitted, you’ll receive a receipt and a few months later you’ll get an interview.
7. At the interview, dress up and look professional.
8. Be prepared for the interview and remember you will be asked questions about your relationship so prepare with your attorney. Proper preparation is perfectly legal.
9. Do it right. Wait at least 2 months in the US before getting married. Have a religious ceremony. Have a wedding ceremony. Make sure the family is present. Co-mingle your assets. Do everything together. Create a bank account together. Purchase a home together. Purchase a car together. The immigration officials are looking for prove of a valid marriage so think about that ahead of time and make your life easier when you do apply.
10. Remember use an Immigration Attorney. This is a complex process.
Good Luck.
Please let me know if I can be of any help.
Stephen M. Dunne, Esq.
Dunne Law Offices, P.C.
1500 JFK Boulevard,
Two Penn Center, Suite 200
Philadelphia, PA 19102
(215) 854 – 6342 office
(215) 205 – 6367 cell
(215) 569 – 0216 fax
dunnelawoffices@gmail.com
www.dunnelawoffices.com
Green Cards through Marriage
The following is a top ten (10) list of practical advice regarding Green Cards through Marriage:
- Don’t bother with K1 finance or K3 spouse visas: They take too long to obtain and if you use an attorney you’ll end up paying twice or even three times.
- Marry your fiancé in the US and submit paperwork in the US. The process is easier and you and your loved one get to stay together.
- Foreign born persons that enter the US legally may apply to adjust status without leaving US.
- Be patient because you will have to organize a ton of supporting documents to prove your marriage is legitimate. The following is a list of the kinds of documentation required to prove the validity of your marriage:
- Birth certificates of any children born to the marriage.
- Joint Income Tax Returns and W-2 Forms.
- Deed, lease or rent receipts showing both your names.
- Health insurance policy with a family plan.
- Life insurance plan for either of you with the other listed as the beneficiary.
- Car insurance policy showing both names as listed drivers.
- Joint checking or savings account or bank book.
- Bank loan in both of your names.
- Credit arrangement in both of your names.Receipt for purchases showing both or your names.
- Bills (telephone, gas, electric, store, medical, credit card, etc.) in each of your names with your address or in both names.
- Employment record or job application if your spouse’s name appears on it.
- Any document which lists your spouse as person to be notified in case of an emergency.
- Any mail addressed to either or both of you at any place you have lived.
- Photographs of the two of your on special occasions, vacation, or with family members.
5. Hire an immigration attorney and make your life easier.
6. After your application is submitted, you’ll receive a receipt and a few months later you’ll get an interview.
7. At the interview, dress up and look professional.
8. Be prepared for the interview and remember you will be asked questions about your relationship so prepare with your
attorney. Proper preparation is perfectly legal.
9. Do it right. Wait at least 2 months in the US before getting married. Have a religious ceremony. Have a wedding ceremony. Make sure the family is present. Co-mingle your assets. Do everything together. Create a bank account together. Purchase a home together. Purchase a car together. The immigration officials are looking for prove of a valid marriage so think about that ahead of time and make your life easier when you do apply.
10. Remember use an Immigration Attorney. This is a complex process.
Good Luck.
Please let me know if I can be of any help.
Stephen M. Dunne, Esq.
Dunne Law Offices, P.C.
1500 JFK Boulevard,
Two Penn Center, Suite 200
Philadelphia, PA 19102
(215) 854 – 6342 office
(215) 205 – 6367 cell
(215) 569 – 0216 fax
dunnelawoffices@gmail.com
www.dunnelawoffices.com
United States Naturalization Test
TEST PREPARATION STUDY GUIDE
USCIS Test Questions
Write the answer in the blank space.
1. What is one reason why the colonists came to America?
_______________________________________________________________
2. Name three of the 13 original states.
_______________________________________________________________
3. Who lived in America before the Europeans came?
_______________________________________________________________
4. Name one American Indian tribe in the United States.
_______________________________________________________________
5. Who wrote the Declaration of Independence?
_______________________________________________________________
6. When was the Declaration of Independence adopted?
_______________________________________________________________
7. What did the Declaration of Independence do?
_______________________________________________________________
8. What are two rights in the Declaration of Independence?
_______________________________________________________________
9. When do we celebrate Independence Day?
_______________________________________________________________
10. Why did the colonists fight the British?
_______________________________________________________________
11. Who was the first President of the United States?
_______________________________________________________________
12. Who is the “father of our country?”
_______________________________________________________________
13. What is the supreme law of the United States?
______________________________________________________________
14. What does the Constitution do?
______________________________________________________________
15. What happened at the Constitutional Convention?
______________________________________________________________
16. When was the Constitution written?
______________________________________________________________
17. What are the first three words of the Constitution?
______________________________________________________________
18. What is an amendment?
______________________________________________________________
19. What do we call the first ten amendments to the Constitution?
______________________________________________________________
20. How many amendments does the Constitution have?
______________________________________________________________
Stephen M. Dunne, Esq.
Dunne Law Offices, P.C.
1500 JFK Boulevard
Two Penn Center, Suite 200
Philadelphia, PA 19102
(215) 854 – 6342
(215) 569 – 0216 fax
dunnelawoffices@gmail.com
www.dunnelawoffices.com
United States Naturalization Test
TEST PREPARATION STUDY GUIDE
USCIS Test Questions
Write the answer in the blank space.
21. What stops one branch of government from becoming too powerful?
______________________________________________________________
22. Under our Constitution, what is one power of the federal government?
______________________________________________________________
23. Under our Constitution, what is one power of the states?
______________________________________________________________
24. Name one of the writers of the Federalist Papers.
______________________________________________________________
25. Name one branch or part of the government.
______________________________________________________________
26. How old do citizens have to be to vote for President?
______________________________________________________________
27. What is freedom of religion?
______________________________________________________________
28. What is one thing Benjamin Franklin is famous for?
______________________________________________________________
29. Why does the flag have 50 stars?
_____________________________________________________________
30. Why does the flag have 13 stripes?
_____________________________________________________________
31. What is the name of the national anthem of the United States?
_____________________________________________________________
32. What do we show loyalty to when we say the Pledge of Allegiance?
_____________________________________________________________
33. Where is the Statue of Liberty?
_____________________________________________________________
34. What is the capital of the United States?
_____________________________________________________________
35. Name one state that borders Mexico.
_____________________________________________________________
36. Name one state that borders Canada.
_____________________________________________________________
37. Name one of the two longest rivers in the United States.
_____________________________________________________________
38. What ocean is on the West Coast of the United States?
_____________________________________________________________
39. What ocean is on the East Coast of the United States?
_____________________________________________________________
40. Name one U.S. territory.
_____________________________________________________________
Stephen M. Dunne, Esq.
Dunne Law Offices, P.C.
1500 JFK Boulevard
Two Penn Center, Suite 200
Philadelphia, PA 19102
(215) 854 – 6342
(215) 569 – 0216 fax
dunnelawoffices@gmail.com
www.dunnelawoffices.com
