Entries from Rajiv's Blog

Subscribe to Entries from Rajiv's Blog feed Entries from Rajiv's Blog
One of the World's largest discussion forum for Immigrant visas, Nonimmmigrant visas including H-1, L-1, K-1, Green Card, US Citizenship and other important visas and visa related issues.
Updated: 13 min 15 sec ago

Can H-4/F-2, etc. non-work visa holders volunteer?

Mar 26th 2014
Please visit my LinkedIn article posted this morning for a brief explanation on this issue:
https://www.linkedin.com/today/post/...?trk=prof-post

Watch out for the latest phone scams against immigrants

Mar 19th 2014
Several of our clients, team members and I have experienced a new wave of phone scams. We have received (multiple) phone call stating one of many alarming things, including the following:

“I am calling from the immigration service. We are about to issue a warrant for your arrest. Call Officer XYZ back at 555-XXX.XXXX.“

“I am calling from the IRS. We are about to issue a warrant for your arrest. Call Officer XYZ back at 555-XXX.XXXX.“

“I am calling from the Sheriff’s office. We are about to issue a warrant for your arrest. Call Officer XYZ back at 555-XXX.XXXX.“

“I am calling from the FBI. We are about to issue a warrant for your arrest. Call Officer XYZ back at 555-XXX.XXXX.“

(By the way, in one of the above calls, the caller’s ID showed “911.” Also, it appears these scammers pick out foreign sounding names from the phone book and proceed to call them.)

The scammers then proceeded to announce (essentially):
“Unless we hear from you immediately, we would have no choice but to go ahead with the warrant and have you arrested for legal violations.”
Personally, I have received four phone messages with this nonsense. I actually picked up once. The caller had the temerity to threaten me. Of course, I invited him to go jump in a lake (perhaps a little less politely than those words, but you get the idea).

If you get a call similar to one of these examples, assume that this is a scam. Unless, you can reliably verify that a governmental agency is involved, do NOT give any information out. How you could verify depends upon the agency. Nevertheless, you are always well within your rights to demand verification and, in my view, the burden is on the agency to prove that they are genuine.

While it is true that in the immigration context, USDOL, ICE and USCIS have adopted the bad practice of occasionally calling people over the phone for investigations, it is equally true that you can demand they convince you of their genuineness. If in doubt, contact your lawyers or the agency public inquiry line. Make a note of the date and the time you spoke with an agency representative and what you were advised. If you are not certain about the genuineness of the call, also file a complaint with the local police.

You are welcome to call in to our free community conference calls every other Thursday afternoon to discuss your concerns or leave a comment on Immigration.Com. We will be happy to guide you. The conference call information is available here: http://www.immigration.com/community...alls-procedure

Comments on Immigration Reform Principles by the Republican Party (Continually Updated)

Jan 30th 2014
The GOP has announced the following principles for immigration reform. Most observers including this writer are encouraged by the willingness of GOP to address the immigration reform issues. These represent a broad overview and perhaps a point of departure from where detailed bills can be crafted in a manner acceptable to all stakeholders. My comments are enclosed in HTML quotes. I have highlighted certain areas with "bold" fonts to make for easy reading.
------------------------------------------
PREAMBLE
Our nation's immigration system is broken and our laws are not being enforced. Washington's failure to fix them is hurting our economy and jeopardizing our national security. The overriding purpose of our immigration system is to promote and further America's national interests and that is not the case today. The serious problems in our immigration system must be solved, and we are committed to working in a bipartisan manner to solve them. But they cannot be solved with a single, massive piece of legislation that few have read and even fewer understand, and therefore, we will not go to a conference with the Senate's immigration bill. The problems in our immigration system must be solved through a step-by-step, common-sense approach that starts with securing our country's borders, enforcing our laws and implementing robust enforcement measures. These are the principals guiding us in that effort.

A step by step approach clearly signals that immigration reform will come in discrete bills. I just hope to heaven that we do not end up with the same fragmented immigration policy inconsistent, incoherent and largely incomprehensible. ___

Border Security and Interior Enforcement Must Come First
It is the fundamental duty of any government to secure its borders, and the United States is failing in this mission. We must secure our borders now and verify that they are secure. In addition, we must ensure now that when immigration reform is enacted, there will be a zero tolerance policy for those who cross the border illegally or overstay their visas in the future. Faced with a consistent pattern of administrations of both parties only selectively enforcing our nation's immigration laws, we must enact reform that ensures that a president cannot unilaterally stop immigration enforcement.
All law-abiding people would applaud the idea that there will be no tolerance for anyone breaking the law in future. ___

Implement Entry-Exit Visa Tracking System
A fully functioning Entry-Exit system has been mandated by eight separate statutes over the last 17 years. At least three of these laws call for this system to be biometric, using technology to verify identity and prevent fraud. We must implement this system so we can identify and track down visitors who abuse our laws.

___

Employment Verification and Workplace Enforcement
In the 21st century it is unacceptable that the majority of employees have their work eligibility verified through a paper based system wrought with fraud. It is past time for this country to fully implement a workable electronic employment verification system.

___

Reforms to the Legal Immigration System
For far too long, the United States has emphasized extended family members and pure luck over employment-based immigration. This is inconsistent with nearly every other developed country. Every year thousands of foreign nationals pursue degrees at America's colleges and universities, particularly in high skilled fields. Many of them want to use their expertise in U.S. industries that will spur economic growth and create jobs for Americans. When visas aren't available, we end up exporting this labor and ingenuity to other countries. Visa and green card allocations need to reflect the needs of employers and the desire for these exceptional individuals to help grow our economy.
The area of legal reform is of great interest to our readers, many of whom have been waiting over 5-8 years for green cards despite having obeyed every law of this land meticulously. It is clear the GOP will take away brother/sister sponsorship for green card, which already takes 10 plus years, anyway. This would be in agreement with the Senate thinking as would be the concept of STEM degrees and emphasis on job creation and entrepreneurship. ___

The goal of any temporary worker program should be to address the economic needs of the country and to strengthen our national security by allowing for realistic, enforceable, usable, legal paths for entry into the United States. Of particular concern are the needs of the agricultural industry, among others. It is imperative that these temporary workers are able to meet the economic needs of the country and do not displace or disadvantage American workers.

___

Youth
One of the great founding principles of our country was that children would not be punished for the mistakes of their parents. It is time to provide an opportunity for legal residence and citizenship for those who were brought to this country as children through no fault of their own, those who know no other place as home. For those who meet certain eligibility standards, and serve honorably in our military or attain a college degree, we will do just that.
Finally, the DREAM Act may actually materialize. Are we requiring military service OR a college degree as a perquisite? I have no clue. The devil in the details would need to be monitored, curbed and made, uncharacteristically, to act with compassion. ___

Individuals Living Outside the Rule of Law
Our national and economic security depend on requiring people who are living and working here illegally to come forward and get right with the law. There will be no special path to citizenship for individuals who broke our nation's immigration laws — that would be unfair to those immigrants who have played by the rules and harmful to promoting the rule of law. Rather, these persons could live legally and without fear in the U.S., but only if they were willing to admit their culpability, pass rigorous background checks, pay significant fines and back taxes, develop proficiency in English and American civics, and be able to support themselves and their families (without access to public benefits). Criminal aliens, gang members, and sex offenders and those who do not meet the above requirements will not be eligible for this program. Finally, none of this can happen before specific enforcement triggers have been implemented to fulfill our promise to the American people that from here on, our immigration laws will indeed be enforced.

Explaining the news story: "Obama is using executive power to affect immigration law"

Jan 14th 2014
This is an explanations of the above news story and that it has no direct effect on DREAMers.

Fraud allegations in tourist visa/ESTA entrants converting to green card

Jan 8th 2014


Discussing allegations of fraud and consequences when a short term visa holder tries to convert to green card or another long term visa from within the US.