Undocumented Aliens, please dont go to Notarios….

By | Houston Immigration, Immigration Policy | No Comments
With news of the prosecutorial discretion in deportation flying, many illegals are flocking to attorneys and notarios. And notarios will make a lof of money from this deal by giving false hopes.
 Note: this announcement is preliminary.
So:
First: there is no uniform regulations, for individual Immighration and Customs agents to act yet.  This could take years
Second: There is only very preliminary talk about work permit, and work permits may not materialize
Third: Please dont turn yourself in, because in all likelihood you will be deported
Fourth: Notarios are not lawyers in the US, and they will mislead you and take your money.
Fifth: below are a very preliminary list of factors, and if you dont fall uunder many of them, this is not for you. If you entered by your own volition, illegally, and work here, this is not for you.
FACTORS:
the person’s length of presence in the United States;

the circumstances of the person’s arrival in the United States, particularly if the alien came to the United States as a young child;

the person’s pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution;

whether the person, or the person’s immediate relative, has served in the U.S. military, reserves, or national guard;

the person’s criminal history, including arrests, prior convictions, or outstanding arrest warrants;

the person’s ties and contributions to the community, including family relationships;

the person’s age, with particular consideration given to minors and the elderly;

whether the person has a U.S. citizen or permanent resident spouse, child, or parent;

whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;

whether the person or the person’s spouse is pregnant or nursing.
 
 
MY ADVICE: Just wait. Dont even go to an attorney now, becasue until the regulations come out, Attorneys will not be able to help either, and will charge for the advice above.
 
 
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Dream half fulfilled

By | Houston Immigration, Immigration Policy | No Comments
The Obama Administration announced a policy yesterday that it would not deport “young people” who had been brought into this country when they were young, and through no fault of their own.  These people were educated here, often going to college or joining the military. Legislation to grant them status were stalled in the Congress for over a decade.  The Republicans did not want to give them any status because “they could then pass on the status to their parents”.  However the re is no current law for the children to do that. These children can only petition for a spouse who is illegal under current laws. 
Yet these children came into the country through no fault of their own.  They were educated here, often having college degrees. Yet they lacked a social security number and cannot work. They cannot do anything in this country. And because they lived here, they had no other country. These educated young man and women are countryless. 
The Obama administration is not giving them a complete pass. Each case will be decided on a case by case merit. And only for this class of people, not for their parents who chose to come here illegally.  And only the fact that they will not be deported.  Immigration and Customs Enforcement (ICE)  have to use prosecutorial discretion. They have to consider their education, their ties to Unityed States Citizen, etc. And they will simply not be deported, they will not be given any status here.
Even then, Republicans like Lamar Smith of Texas (where else?) calls this a “backdoor method of amnesty.”
Hopefully the Latino community will remember this.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Immigrant Success Stories Stack Up Against DREAM Act Opponents

By | Commentary | 98 Comments

Houston, Texas – As the Senate wrangles with the DREAM Act, it is important to remember stories of immigrants who were given the chance to become U.S. citizens, immigration lawyers say. The Development, Relief and Education for Alien Minors Act (DREAM) is part of the Comprehensive Immigration Reform Act of 2011 that focuses on border security and enforcement measures. The DREAM Act allows children who moved to the U.S. before 16 years old, and have been here for at least five years, to become legal citizens. They would have to graduate high school, have a clean criminal record, and go to college or enlist in the military for two years to be eligible.

There are some opponents to the reform bill that feel that young immigrants with misdemeanors could become citizens or take jobs away. “But what these people fail to realize is that there are many immigrants who want to contribute to the American society and will give every fiber of their body to give back,” said Houston immigration attorney Annie Banerjee.

Take Texas House of Representatives Ana Hernandez Luna. In the 1980s she was part of an amnesty program that Ronald Reagan initiated that allowed her to become a lawful permanent resident. From her upbringing in Reynosa, Mexico she moved to Pasadena, Texas with her family. They came on visitor’s visas originally, but after they expired, they “lived for years in the shadows” as many undocumented people do. Both of her parents worked, and inspired her to do something better with her life. At 18 years old, she was able to become a citizen and made her way through the University of Houston and the University of Texas law school.

“I think there are a lot of immigrants out there that are willing to work hard, know that there are sacrifices that need to be made, but need to be given an opportunity,” said Ana Hernandez Luna. “I am able to understand what a lot of these immigrants are going through because my family went through it.”

Both immigration lawyers and immigrants like Luna are concerned about more racial profiling and people living in the shadows. They believe that people should be given the chance to become a lawful citizen of the United States if their record has no criminal offenses, the person is willing to be a member of the workforce, and contribute to American society.

“To deny undocumented children who are being educated in the U.S. the right to survive and live properly in the U.S., is not only inhumane, it’s ultimately detrimental for America,” said Banerjee, who is also an immigrant.

The Law Offices of Annie Banerjee helps individuals, families, and businesses with all their immigration concerns. For more than 10 years she has helped clients achieve their immigration goals. She is known for individualized attention to her client’s needs and efficiently serving them with the best legal representation.

For more information:

Law Offices of A. Banerjee

131 Brooks Street Suite #300

Sugar Land, Texas 77478

Phone: (281) 242-9139

Fax: (281) 242-2058

2027 Sheridan Street

Houston, Texas 77030

Phone: (713) 793-6339

[email protected]

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

Refugee Protection Act Could Positively Change Asylum Claim Timelines

By | News & Press | 161 Comments

The U.S. House of Representatives and Senate recently introduced The Refugee Protection Act of 2011. The Act renews the country’s efforts to protect people who have been victims of persecution and torture. It also does away with the one-year requirement for refugees to file their asylum claims.

“Time after time, immigration judges are forced to refuse asylum to deserving refugees who, against all odds, have reached our shores in search of protection,” said David Leopold, executive committee member at The American Immigration Lawyers Association. “The arbitrary one-year rule not only denies them a critical safe-haven but it leads to administrative waste by forcing immigration judges to spend valuable time deciding whether or not a refugee can be excused for late-filing, rather than considering whether the person deserves protection. It is reprehensible that the United States is denying asylum based on an arbitrary deadline.”

The one-year deadline, say the bill’s supporters, can be tough for many individuals to comply with because they are not familiar with U.S. laws and they are still dealing with many challenges after leaving their home country. The bill would also review the U.S. refugee resettlement program, and analyze minimal forms of protection that bar a person from becoming a legal permanent resident. Many refugees do not know anyone in the U.S. when they land on our soil and do not know how to navigate the maze of paperwork and bureaucracies to obtain proper documentation.

This year the world has seen a lot of changes, with many Middle Eastern and African nations experiencing political upheaval. People around the world are still victims of persecution because of their race, religion, political opinion, and sometimes even the social group they belong to. And after an environmental disaster, many people come to the U.S. to seek a better life. An individual should get legal counsel early on to ensure that all the paperwork and timelines are met to get and maintain lawful immigration status.

In Texas, Houston immigration attorney Annie Banerjee has more than a decade of experience in immigration law. As an immigrant herself, she knows the challenges of being from a different country, and being overwhelmed by a new country and laws. The Law Offices of Annie Banerjee counsels individuals and businesses throughout the state and nation with efficient, expert guidance.

For more information:

Law Offices of A. Banerjee

131 Brooks Street Suite #300

Sugar Land, Texas 77478

Phone: (281) 242-9139

Fax: (281) 242-2058

2027 Sheridan Street

Houston, Texas 77030

Phone: (713) 793-6339

[email protected]

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 https://www.visatous.com.

Sound and Fury Signifying Nothing

By | Houston Immigration, Immigration Policy | No Comments
On August 02, 2011, both Homeland Security Secretary, Janet Napolitano, and the United States Citizenship and Immigration Services (USCIS) director, Mr. Mayorkas announced that they are going to promote start up enterprises and entrepreneurs. Yes, America cant continue living on debt forever, yes, we need highly skilled people to come and create jobs in the US.  Tell that to the legislature that just raised the debt ceiling, and they will unequivocally say no to any immigration legislation right now. Note, the CIS cannot make laws. There are certain things that they can do, but will they?
The initiative says it will clarify when a new business can hire an ‘entrepreneur” in a new business when the company is a start up , and the employee is the sole employee.  Traditionally this type of business was shot down because according to CIS, the employer would not have the ability to pay. Will any new regulations be promulgated to make it easy for small or newly opened businesses to hire a sole H-1B employee? My guess is only if that business has substantial venture capital backing.  How many new people who have great ideas will find such a company in the US? How about we start with nullifying the unjust and selectively enforced 2010 Neufeld Control Memo?
The next thing that the proclamation talks about is Employment Based Second Preference.  To obtain that, businesses have to get a labor certification. Labor certification, granted by the Department of Labor (not by CIS) prohibits businesses closely associated with the beneficiary from applying.  And in a case of National Interest Waiver, education is not enough. The requirements and the denial rates are rising rather then webbing for such jobs that Americans don’t do, like bio research. I had to prove that the scope of breast cancer research was “national” rather than “regional” in scope. There are no new laws, just some empty tall talk. But whenever this happens, it gives a lot of false hopes to intending immigrants, hopes that will be dashed soon.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

USCIS Increases Site Visits and Audits for H-1B Workers

By | Commentary | 130 Comments

Houston, Texas – Businesses that hire H-1B specialty occupation visa workers should be mindful of an increase in audits by the U.S. Citizenship and Immigration Services (USCIS). The USCIS has its inspectors go on-site to these businesses and also audits I-9 forms for compliance. Non-compliant employers will face penalties, so it is recommended to get legal counsel involved early on to ensure a business’s hiring and documentation processes are done correctly.

The USCIS Administrative Site Visit and Verification Program can check any business in any industry to verify that they are not employing undocumented workers. They also want to check that the company is a true operating business and the foreign worker is employed in the capacity listed on the paperwork. If an issue does come up during the audit, the USCIS gives notice to the business and the company can then respond to the charges before a petition is denied, revoked, or the company is assessed a penalty.

“Businesses are better off if they seek an immigration attorney at the initial stages,” said Houston immigration attorney Annie Banerjee. “Many U.S. businesses reach out to foreign workers for their technical or theoretical expertise. Getting an immigration attorney early on as a business sponsors an individual will make a company more compliant with the increase of paperwork and documentation.”

The Law Offices of Annie Banerjee recommends that employers set up their foreign hiring practices for success by designating a human resources manager to be the go-to person for foreign new hires. This manager should keep copies of all documents – passports, notices from USCIS, I-94 forms – for each new hire. This file should also have information on the business’ sponsorship, including the prevailing wage figures and compensation system, labor condition application, and complete I-129 and 129 supplement forms.

“A contact person is very important so that if a site visit or audit occurs, the business is prepared to show they are compliant,” said Banerjee, who has more than 10 years of experience in immigration law.

Documents on the foreign new hire should be kept for one year after their last date of employment. When inspectors come to a business, they will want to confirm the H-1B employee’s work history, job title, salary and oftentimes will inspect payroll records. The USCIS, along with Immigration and Customs Enforcement, can assess a penalty of $110 for every paperwork violation up to $16,000 per each unauthorized worker.

Banerjee cautions that filling out the forms and hiring foreign workers should not be taken lightly. Thousands of businesses are audited each year and some human resources and business managers simply did not take the time to fill out the I-9 forms correctly. The USCIS has a 60-page handbook for employers on the subject to fill it out thoroughly.

The Law Offices of Annie Banerjee counsels biotech, IT, oil and gas, and multinational manufacturing companies throughout Houston and Texas. Houston immigration lawyer Annie Banerjee also helps small businesses and assists family members of H-1B applicants, too. Her expertise will help expedite the application, so the best chances for approval before the H-1B cap is reached can be met.

For more information:

Law Offices of A. Banerjee

131 Brooks Street Suite #300

Sugar Land, Texas 77478

Phone: (281) 242-9139

Fax: (281) 242-2058

2027 Sheridan Street

Houston, Texas 77030

Phone: (713) 793-6339

[email protected]

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