Undocumented Immigrants Need Driver’s Licenses To Be Productive Members of Society, Agrees Immigration Attorney

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California Gov. Jerry Brown recently announced that he signed into law a bill to allow undocumented immigrants to get driver licenses.

AB2189, helmed by Assemblyman Gil Cedillo, allows the California Department of Motor Vehicles to issue drivers’ licenses to undocumented immigrants who are eligible to work under Obama’s new administration policy. The Department may accept as residency proof the deferred action program documentation the government provides.

Cedillo has stated that the bill will ensure safer roads, with immigrants able to commute as licensed drivers. He said the bill and Gov. Brown’s signature was a way to support public safety more than focus on politics. A Brown spokesman stated that the unique status of immigrant students made allowing them to get drivers’ licenses a sensible move.

While Gov. Brown is known for backing a comprehensive approach to federal immigration reform, and stated that federal agents should refrain from pushing local law enforcement officials to detain individuals with minor offenses, such as traffic offenses or food vending issues, he did not sign all bills across his desk; he vetoed AB1081, which was designed to protect undocumented immigrants from being deported if convicted of minor infractions. Brown stated that the list of offenses in the bill was fatally flawed, as numerous serious crimes were not included on the list.

“To date, law enforcement officials in California have processed for deportation more than 80,000 undocumented immigrants since 2009,” stated Houston immigration lawyer Annie Banerjee. “Meanwhile, less than 50 percent were convicted of serious or violent felonies.”

The “Trust Act” proposed that the state of California could “opt out” of areas of a federal program requiring local officers to run fingerprints on individuals arrested to see if they were in an immigration database, to check their immigration status, and detain them for potential deportation.


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

Thanking for What?

By | Houston Immigration, Immigration Policy | No Comments

I wish I could say Thank you for Comprehensive Immigration Reform. I wish I could say thank you to a Congress that actually cared about the people rather than their own reelection. I wish the Republicans and Democrats could work together. 
But I can’t. I cant even give thanks to Mr. Obama for the new DACA law.  Why? Because most officers are asking for documents that are sometimes impossible to get. The applicants have to prove that they were in the United States from 07.  After they graduate High School, they work illegally for cash. They live with their parents. Why is it not enough that they went to school here in the United States and graduated high school? 
But the Immigrant vote is growing.  And both Republicans and Democrats need those votes to win.  
On my list:
1. Give legal status to people here illegally, (provided they have a job and clean status) so that they can pay taxes and pay for services rendered to them
2. Do away with country quotas which are remnants of Xenophobia and grant visas to people irrespective of national origin or color, equally
3 Do away with quotas for non immigrant visas and let the free market system dictate the amount
4. Standardize the granting of visas from all consulates around the globe. 
Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information.

Immigrant Children Scoring High in STEM and Overall Achievement, Notes Houston Immigration Lawyer

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According to a new study by John Hopkins University, immigrant children who emigrated to the U.S. prior to their teenage years score higher in school engagement and academic achievements than U.S-born kids. The study found that this was true for both Hispanic children and Asian children, if they were provided similar family and socioeconomic backgrounds. The immigrant children were also found to do better in school as they age, as reflected in college scores.

The study, published a recent issue of Child Development, studied more than 10,000 children between ages 13 and 17, and tracked their education outcomes until they were reached adulthood, sometime between the ages of 25 and 32. While there are detractors who are concerned that some 25 percent of U.S. school children are the children of immigrants, the study’s lead author, Dr. Lingxin Hao, feels the findings will help with predicting the future labor force.  The study found that these immigrant children, which are referred to in the study as the “1.5 generation,” did better in school than those considered “second generation,” aka, born in the U.S. to foreign-born parents. They also did better than “third generation” children, native-born children born to native-born parents.

“The study found that 1.5 generation children scored better when it came to not only educational, but also behavioral outcomes and social outcomes,” says Houston immigration lawyer Annie Banjeree.  The 1.5 generation children also did better in STEM, science, technology engineering and math.

Dr. Hao posits that the immigrant children are scoring so high in educational and social outcomes due to a strong support system, both within the family as part of the larger immigrant community, as well as the ability to “straddle” their native culture as well as the U.S. culture, navigating the educational system and labor market with ease. Both Hispanic children and Asian immigrant children did equally well when given equal access to quality education, smaller classroom size and stable family environments.

Dr. Hao concluded that he hopes the study can help to convince policy makers that foreign-born children are able to do well and prove resilience even in the face of lower socioeconomic and racial-minority backgrounds.


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

The Presidential Election and Immigration Issues

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Immigration policy as at the forefront of the news right now, in large part due to the upcoming presidential election. But the debate over immigration policy is old news in Washington: immigration reform law adopted under then-President Ronald Reagan in 1986 included amnesty for 2.7 million people. Now Republican strategists are worrying that their party’s stance on immigration is alienating much-needed Latino voters for this election.

Currently there are an estimated 11 million people in the U.S. unlawfully, most of them Latinos. Latino activists and most Democratic politicians are backing the plan to allow a number of those in the U.S. illegally to become citizens. The opponents, mostly backed by Republicans, are calling for efforts to find and deport illegal residents and to stepping-up efforts to close borders to incoming immigrants. The Republican presidential candidate, Mitt Romney, has vowed to oppose plans to help illegal residents obtain citizenship, and has been vocal about his anti-immigration stance, pledging to complete a high-tech fence that runs the length of the U.S.-Mexico border, and to create a national database which employers would have to check to see if the person they considered hiring has legal resident status. Romney has also stated that he is in favor of “self-deportation,” driving out immigrants by making residency issues difficult, at best. Since the primaries, Romney has softened his stance, stating that while he would veto the national DREAM Act, “self-deportation” only means that immigrants should be able to leave the U.S. if they desire to.

Current President Barack Obama, running for reelection on the Democratic ticket, first promised in bid for the presidency in 2008 that he would work for a citizenship pathway for immigrants and build out a comprehensive immigration reform plan. He has yet to do so. In fact, the Obama administration has deported a record number of illegal residents out of the U.S., and has increased the number of companies fined for illegally hiring illegal immigrants. However, Obama has halted the deportation of some 65,000 young immigrants brought to the U.S. by their families as children, and has pushed for the DREAM Act, which would allow the youths to earn citizenship in a series of steps.

Hispanic and Latino groups have criticized the Obama administration for the aggressive deportations conducted during the first three years if the Administration. The Administration has stated that the issues with the down economy and a contentious Congress both contributed to postponing immigration reform plans. In 2008, Obama won two-thirds of the Latino vote, and the Latino vote, especially in swing states Florida, Colorado and Nevada, are predicted to be critical for either candidate to win.

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.

Identification Cards Proposed for Undocumented Workers In Los Angeles

By | Immigration Policy | No Comments

In Los Angeles, a city council committee is considering a plan pushed by Mayor Antonio Villaraigosa to require photo-identification cards for immigrants. Villaraigosa says that the cards are official IDs for those who want to use banking services.

Those critical of the proposal, including the anti-immigration group Federation for American Immigration Reform, say that the IDs are part of a plan to make it easier for undocumented immigrants to live and work in Los Angeles. Meanwhile, Mayor Villaraigosa has stated that the concept for the cards was to deter crime, as more people can use banking services and not have to worry about being robbed of large sums of cash.
Another proposal which was dismissed was the creation of a new type of library card that doubled as a debit card. There are currently an estimated 4.3 million immigrants in Los Angeles, and the proposal to add LA, the nation’s second-largest city, to the roster of those offering official IDs has only intensified the debate over what role a local government can play when dealing with illegal immigrants.

Issuing identification cards is a way to allow residents to be more fully integrated into their communities; the cards are the latest move by the city to update how police offers and others manage legal issues regarding undocumented workers. This past February, officers of the Los Angeles Police department were issued new guidelines that allowed greater discretion when faced with the decision to impound cars of unlicensed drivers, or not. In September, Los Angeles Police Chief Charlie Beck decided that the undocumented immigrants who were arrested each year in the city for low-level crimes would not continue to be turned over to the federal authorities to be deported.

The supporters of the new city ID card have stated that the move is simply a practical attempt to reduce crime and allow residents less vulnerable and more incorporated in their communities while balancing federal immigration laws. Anyone with an official ID can open a bank account and obtain city services such as libraries and enroll in public school.

Critics claim that the ID program should be something dealt with on the federal level, not by state or city. Other cities on the West Coast, including Oakland and San Francisco, currently issue identification cards to residents who show proof of residency, regardless of their immigration status.

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.

4 More years—-We need Immigration Reform

By | Houston Immigration, Immigration Policy | No Comments

We the people voted in Obama for a second term. In the first term many Republicans in Congress simply would not pass anything.  They wanted the President to fail.  They simply collected pay from the taxes of American people and did nothing.
Mitt Romney, in his concession speech said he would like America to come together. I don’t know if this is just another Romney lie. Hopefully they will cooperate, because if not, the public will not look at them favorably in 2016.
However if they dont, Obama need to forge ahead with Immigration Reform. The Deferred action for illegal Immigrants need to become law.  So does business immigration, including entrepreneurs and investors.  And Professionals, And researchers. We build this nation by Immigrants. And to do away with restrictive country quotas for visas. 
We have again elected a black President.  The other choice was a Mormon. Its high time we give Liberty and Justice for all—whether they are gays, immigrants or different religious beliefs.
Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Getting to the end of the Green Card Process

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The Labor Certification in effect certifies that no qualified Americans are there to do the job.  Provided an employer advertises and tests the job market, and cannot find an American to do the specific job, a labor is certified.  Many employers have not found anyone in the first place, therefore they employ the beneficiary.  But that is NOT the end of the road. To get the Green card (Permanent Resident Card)
However this is NOT the end of the road. The next step is I-140. here the USCIS ascertains that the Employee has the required education, experience and training. The Employer also has to have the ability to pay the employee. And often this is where the labor certification is denied and the process ends. 
There are a lot of reasons for this. Sometimes many employees want Second Preference, especially if they were born in India or China.  However the prevailing wage for that is very high, especially if one uses a Bachelor’s Degree and five years experience.  The employer may not be paying the employee that much.  And many employers take deduction and do not show net profit.
The easiest and surest way to prove that the employer has the ability to pay is either the employer pay the employee the amount of prevailing wage or the employer shows more than this amount in their net profit. There are other ways too, for instance:
The employer had some unforeseen expenses like opening a new office and took Depreciation 
The employer is an established business and routinely earned a high income, however due to a particular recession (like the 2009 housing bust) they are unable to perform in a particular year. 
Note these factors are not sure bets.  The USCIS looks at the totality of circumstances.  However all these factors needs to be discussed BEFORE filing the labor certification.  It is also a good practice to get the Prevailing Wage from the Dept of Labor before advertising, so that the process can end if the employer cannot meet the wages, or the Labor can be filed under EB-3 with lower wages instead of EB-2. 
Also the Employer has to show the ability to pay from the time of the filing of the Green card until the employee gets the green card.
Also bear in mind that the ability to pay has to be shown from the year the Labor Certification is filed. So if the employer has financial difficulty in 2012, it is better to file the labor certification in 2013.  However it is completely useless to get a labor certified if the I-140 and even the I-485 is not certified. 
Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information