Birthright Citizenship-NYT and John McCain

By | Commentary, News & Press | 6 Comments

The NY Times seems determined to place a Democratic President in 08 is desperately trying to discredit the Republican front runner Sen. John McCain. Right on the heels of their accusation that Sen. McCain had an improper relationship with a female lobbyist 8 years ago, comes a new assertion that Sen McCain was born in the Panama Canal Zone and therefore may not be a “natural born Citizen” of the US. Although Art II Sec I of the US Constitution requires the President to be a “natural born citizen” this issue was never litigated and thus has never been defined by any court of law. John McCain’s parents, like him and like his son served in the military, and McCain was born in an US Military base in the Panama Canal Zone. He was a natural born child, born of natural born citizens at the time of his birth. The Panama Canal Zone was a US territory when McCain was born in 1936.
“It’s very clear that (the idea that) an American born in a territory of the United States whose father is serving in the military would not be eligible for the presidency of the United States is certainly not something our founding fathers envisioned” McCain said. Historical precedents support him.

Why can we not recognize the children of American army, who is serving our country as natural born citizens of our country. After all, McCain’s parents did not go to the Panama Canal on their own volition. They went because the American people sent them there to protect our interests. This distinction is absurd.

What will the NY Times think of next!

L-1A to Permanent Residency

By | Houston Immigration, Visa | 3 Comments

This list is for small business owners who are on L-1A managerial capacity and wants to convert to the Permanent Residency by filing the I-140 under § 203(b)(1)(c) without filing the labor certification. The burden of proof is heightened in order to classify the alien as a “manager” or Executive” and not merely perform day to day activities. In a recent case the Administrative Appeals Office noted, “The petitioning entity, which is involved in the food service industry (a restaurant) does not require or involve the employment of professional employees.” How an administrative unit can make this blanket statement about an industry that they don’t have personal knowledge about is above and beyond me.

Thus the Petitioner who seeks to convert a beneficiary from L-1A to the green card is advised to do the following:

Give a Very detailed job description of the beneficiary’s job duties—merely reciting the statute will not do. The job description should state in details. The activities should be managerial or executive in nature. She should be MANAGE rather than PERFORM the work of the manager

Org chart of US Company should state name and job titles

Description of job duties of all other employees, and educational level

Beneficiary’s previous work experience in home country in details

Support everything with documentary evidence

Note: If the manager is managing a “function” it has to be a specific function and not blanket “all functions”

Latest on FBI Name Check Issue

By | CIS, News & Press | No Comments

Good News! According to a memo by Michael Aytes, Associate Director of Domestic Operations at CIS, a case otherwise approvable but which is pending FBI name check for more than 180 days, will be send to production of card. In other words, if your case has been adjudicated and is waiting the FBI name check for more than 180 days, you will receive the green card. If however there is a negative report in the FBI name check later, CIS will issue removal and deportation procedure. The FBI has agreed to complete all name checks within 180 days.

Hopefully this memo, which is not binding, will be followed.

If any of these individuals are indeed dangerous, it is not safe in any case to harbor them for more than 180 days. On the other hand, innocent people will at least have their due process right to a green card.

Hopefully this will be the dawn of a brave new world.