Archive for 2010

Guilty Plea for Illegal Alien Smuggling Reversed on Grounds of Insufficient Evidence

Thursday, December 30th, 2010

Defendant Fernando Garcia-Paulin was arrested and charged with aiding and abetting an illegal alien into the United States. It was claimed that Garcia-Paulin received payment to falsify Jaime Cajica-Cano’s Mexican passport’s work status, and also for giving him advice on how to illegally come into the United States.

Garcia-Paulin admitted to knowingly have placed a fraudulent immigration stamp on to Cajica-Cano’s Mexican passport and for receiving a 15,000 pesos fee for doing so. He then informed Cajica-Cano that he would still have to come into the United States illegally, even though the new stamp he placed on his passport would allow him to work in the U.S.

The state’s statute 8 U.S.C. Section 1324(a)(1)(A)(i) makes it an offense to “bring to [or attempt] to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry…” Garcia-Paulin’s attorneys argued the meaning of the word “bring”. In Garcia-Paulin’s appeal, they stated their client took no such action and has pleaded guilty to an erroneous factual basis and would not have done so if he had known.

Aiding and abetting would have not been an issue concerning Garcia-Paulin’s case; therefore, Texas’ Fifth District Circuit vacated and remanded the guilty conviction for insufficient evidence. The actual act of “bringing” did not fit the established legal meaning of the word and they found that Garcia-Paulin did not actually violate the statute. Because of plain error, Garcia-Paulin’s case was reversed.

It is important to note that smuggling aliens is a harsh reality in the southwest border of the United States and there have been a plethora of elaborate smuggling rings that continue to jeopardize lives. Border Safety Initiative (BSI) has worked with Mexico and U.S. Government agencies to lead a strategy to help rescue aliens from being smuggled into the United States in various inhumane ways. BSI hopes to reduce injuries and fatalities at the southwest crossing borders. In 2000, BSI saved approximately 2,500 aliens, and the numbers continue to rise.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an immigration lawyer in Houston Texas, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Texas Students Start Hunger Strike in Support of DREAM Act and Against DADT Ban

Saturday, December 25th, 2010

Students from University of Texas campus at Austin, UT Dallas, and UT Pan Am are joining a hunger strike in hopes of influencing Texas Republican Sen. Kay Bailey Hutchinson to vote for the DREAM Act.

Approximately 40 students are hoping to gain attention in support of the 10-year-old DREAM Act, which enables students to get their degrees regardless of immigration status as part of the immigration reform movement.

The DREAM Act (Development, Relief and Education for Alien Minors) would provide conditional citizenship for six years to immigrants who are 35 years and younger who came into the before they were 16 years old. Additionally, they must have lived in the United States for five years and have a high school degree. The DREAM Act will allow undocumented youths who meet this requirement to attend college and join the military.

The DREAM Act did not pass in the Senate in September, receiving a vote of 56 to 43, a result of the Republic filibuster of the defense authorization bill. However, Congress has a chance to talk over the bill this week before the new Congress arrives.

Many people are rallying and students are banning together on hunger strikes as a last ditch effort to pressure the powers that be to make the DREAM Act a reality. Up on the block for discussion is also the “Don’t Ask Don’t Tell” bill. Supporters from the DREAM Act and those looking to have Don’t Ask Don’t Tell repealed are now working together.

Support for the DREAM Act is coming from various people and organizations, including the National School Board Association (NSBA), the National Jewish Committee, women and moms from the Legal Momentum and MomsRising, and faculty and students from several universities all over the United States.

Senate Majority Leader Harry Reid – who won his seat in Nevada mostly through Latino voters – had promised to bring the DREAM Act to the floor after Thanksgiving. Sen. Kay Bailey Hutchison, who voted for the earlier version of the bill, publicly announced that she currently opposes it.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an immigration lawyer in Houston Texas, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Speedy Travel at the Airport

Tuesday, December 14th, 2010

Although I am not going anywhere, as summer rolls along, visions of distant lands dance in my head. However, that vision is marred by long lines at the airports – getting your luggage checked, getting into a plane with carry-on bags and no overhead place, and finally the immigration and customs line ups.

This year, for a fee, the government and even some airlines are helping to ease that pain.

The U.S. government (and some foreign governments as well, like Holland) has introduced the Global Entry Program. U.S. citizens over the age of 14 can pay a fee of $100 (valid for 5 years) and enroll in the program. They have to enter their data in the following website:

<a href=”https://goes-app.cbp.dhs.gov/” target=”_blank”>https://goes-app.cbp.dhs.gov/</a>

After the completion of the process, there will be a one-time CBP interview.

However, once it’s complete, you do not need to stand in any immigration line. There are kiosks in most major airports. The traveler has to scan in their passport at airport kiosks, and zoom down to luggage claim.

Similarly, in Houston IAH, international travelers who are U.S. citizens and have no checked luggage can go through the lines used by pilots and flight attendants for faster processing.

This process can be used by anyone, but because of the lengthy process to get into the program, it is probably feasible for frequent business travelers only. The travelers also get expedited check-in kiosks at other participating countries, as well. As more countries sign on, the price may come down.

There is a chance that this may simply become a requirement for foreign travel in the future. It will save money on personnel for countries participating in this program. Additionally, some airlines are also letting passengers cut in line for boarding the plane or for checking in for a fee. Both American and Southwest airlines are going to be offering this perk for a fee ranging from $10 to $50 per ticket.

This will be the future of travel, in a world increasingly short for time. But then, in this world, will there even be time for vacations?

Annie Banerjee, J.D.

281-242-9139

The Law Office of Annie Banerjee Helps with EB-1 and NIW

Tuesday, November 30th, 2010

For people who have questions about EB-1 and National Interest Waiver (NIW), The Law Offices of Annie Banerjee, a Houston based immigration law office, can provide guidance with the application process and resolve any questions that arise.

When aliens seeking work in the U.S. qualify as an outstanding professor or researcher, they also qualify for First Employment Based Preference (or EB-1, for short). Usually an employer would sponsor the person to hold a tenure track or a permanent position, for example. If an employer does not sponsor an alien, he or she may still qualify under EB-1 if the person holds “Extraordinary Ability”, or under the Second Employment Based Preference (EB-2) for National Interest Waivers (NIW).

“The difference between Extraordinary Ability and National Interest Waivers is that the requirements are higher for Extraordinary Ability. Generally, the higher the preference, the shorter time to get permanent residency,” said Annie Banerjee from the Law Offices of Annie Banerjee.

Extraordinary Ability Aliens must meet at least three requirements, one more requirement than Extraordinary Aliens must meet. The requirements are: The alien must have nationally or internationally recognized prizes and be members of an association that requires outstanding achievements. The alien should have substantial publications in major journals and should list all publications. Also, others should have cited your work in a publication. It would help if you had participated in a panel or have judged the qualifications of others in a peer review. Also weighing heavily is evidence of original scientific or artistic contributions such as patents or copyrights. Lastly, evidence of earning a high salary would also be one of the requirements.

For National Interest Waivers, one must have a master’s degree or higher and must meet all three of the following qualifications: Work must be of substantial intrinsic merit. For example, it can not an esoteric field of law. Secondly, the scope of the work is national and not merely local; it must appear in national journals, for example. Lastly, the work benefits the national interest to a “substantially greater degree than would an available U.S. worker having the same minimum qualifications.” This means that it significantly exceeds the norm in some way. It must establish that there is no need to protect normal U.S. workers through a labor certification process.

Banerjee also stresses the importance of reference letters. “Reference letters from professors or researchers in the field is always very useful for all the categories,” Banerjee said.

To learn more, visit http://www.visatous.com.

Thanksgiving

Thursday, November 25th, 2010

I wonder if this Thanksgiving, somewhere a little child in Mexico will have food because his father works very hard, day in day out as an illegal worker here

I wonder if somewhere in India a dying father will get medical treatment because his son is working at an H-1B job, staying far longer than other US workers, and after work going home and saving the money

I wonder if somewhere in US, a first generation parent will be offering thanks because her child got into the ivy league in early decision

I wonder if somewhere in the US, a wife of an immigrant soldier will heave a sigh of relief that her husband is still alive trying to defend this country

I wonder if somewhere in the US, a foreign student will graciously pick at his turkey, when his friends invite him to Thanksgiving dinner, even though the meat does not appeal to his taste buds

I wonder how many families will infuse their turkey with masala, vodka, chorizo, or dashi

To all the hard working people of this country, Thank You

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee