DUI/DWI and Immigration

By | CIS, Employer/Employee, H1-B, Immigration Policy, Uncategorized, US Consulate, Visa | No Comments

With Thanksgiving approaching, I hope you all stay safe and don’t drink and drive.  But if you are a non immigrant (ie with say a H, E, an L or a TN visa) and you get caught (not convicted, just caught), you may receive a letter in the mail, cancelling your visa.

But, you say, you thought that you were presumed innocent until proven guilty in America.  And you are right.  Yet, the Department of State has the right to suspend your visa.  Because this is not a legal ground of inadmissibility, it’s a medical ground of inadmissibility

If your I-94 (here) is still valid, you can continue to work in the USA.  However, if you go outside the USA, you will be required to revalidate your visa.  The post will send you to a medical doctor, who will evaluate whether you are “medically fit” (read not an addict) to do your job.

So have fun, drink, but don’t drive if you do drink.  Or at least, don’t get caught


Please contact Annie Banerjee at Banerjee & Associates for more information


How to handle the Department of State

By | CIS, Commentary, Uncategorized, US Consulate, Visa | No Comments

Useful tips

1. Go dressed well for the interview
2. If you get a 221 G –con tact your attorney. Consulate decisions are final, and if you are denied, you will not be able to reenter
3. After you submit your answer for a 221G, please have patience.
4. The posts tell you to wait at least 60 days before inquiring. We actually advise 90 days. The posts are busy, so if you make yourself or your attorney a pest, the post will simply deny the visa.
5. Once you get your visa, you buy your tickets. We advise that you enter during working hours on week days, even if those tickets cost a bit more. This is because on week days and working hours the Customs and Border Patrol personnel are more senior, hass more experience and has seen your type of case before
6. Please note that if you do get into Secondary Inspection, this is not an adversarial encounter. Yes, it is difficult to wait hours after arriving from an International destination. However the visa officer is simply doing her job.
Also please note that Canadians are given I-94s. Please check your I-94 status here. Please do not overstay your visa.

Please contact Annie Banerjee at Banerjee & Associates for more information.

Both parties can agree on Immigration Reform

By | Commentary, Immigration Policy, Immigration Reform, Uncategorized | No Comments

My recommendation for the next President regarding Immigration Reform:

1 Unless the same party is in charge of the legislature and the executive, Comprehensive Immigration Reform is NOT going to happen. Reform Immigration piecemeal
2 Tackle Business Immigration first—-both Republicans and Democrats love this. Silicon Valley and fruit pickers jointly agree. Construction Companies and Chicken Processors agree
3 Concede to Trump’s agenda to reduce the Business Immigration backlog
4 Take away H-1B quotas and let market place dictate demands. If an employer does not have a valid job offer and files for anyone, make employer pay a fine and bar them from sponsoring anyone for 5 years
5 Introduce legislation where ordinary folks can sponsor cleaning ladies, pool cleaners, lawn maintenance guys as Guest workers—-with visas renewable every 2 years. Everyone needs to receive a fair salary. Everyone has to pay taxes
6 If guest workers can prove continuous employment after 10 years, make them pay a fine and become legal residents. Then they have 5 years and the exam to become citizens
7 Reduce the quota for family Immigration, unless it’s a spouse of USC or a Permanent Resident. If Immigrants want family connections, they can go back. This issue is hotly challenged by Republicans and it stands to reason. Parents are usually older and tax our already falling apart health care system.
8 I feel that if the above rules are implemented, then illegal immigration will slowly diminish. People won’t stay in the US, unless they have a job offer. After 2 years of implementation, the border issue can be tackled.

Written by Annie Banerjee, for Banerjee & Associates

Immigration and Assimilation

By | Assimilation, Citizenship and Naturalization, Commentary, Immigration Policy, Uncategorized | No Comments

My US born children have often been asked, “Where are you from?” Houston, is often not an acceptable answer to the questioning party. Its usually followed by, “Where are you really from, or where are your parents from.” This probably happens to US born non white children. I remember that American Immigration Lawyer’s Association had a blog about how important immigration is when Jeremy Lin had his “Linsanity” moment. Yet Lin was born in the US. However, the question still arises, does Immigration demand assimilation?
Color cannot be changed to “look” American. However assimilation was a big question since our country’s history. The Immigration and Naturalization Act of 1906 limited Immigration to “Caucasian” descent only. US v Bhagat Singh made a case that Mr. Singh was Caucasian of Indo European descent. The SCOTUS held that even though he might be of Aryan race (which they said was probably intermixed with Dravidian blood) Immigration was still impossible because he would not be able to “assimilate” into the American society. That made all people of Indian descent, including the father of Amar Bose, the creator of Bose Speakers, illegal.
However with successive waves of immigrants from England, France, Germany, Ireland, Italy, all brought their culture and their food, and assimilated into the melting pot of American society.
The US has a melting pot philosophy, while countries like Canada or France have a Cultural Mosaic. The difference is whether the country considers itself homogenous vs heterogeneous. Proponents of Multiculturalism decry Melting Pot theory, yet the Mosaic system has been shown to cause more discrimination. In a Mosaic system, the majority always think they are better than other groups. Yet, in modern times, it can be argued that assimilation is difficult, because the world is more connected. Immigrants can easily keep in cultural contact with their homeland via the internet, and thus create more of a mosaic society living in their own cultural world, and not embracing the “American” culture.
Whatever the case may be culturally Immigrants have made USA very diverse. You can get superb food from practically all major countries in your own city. Birth of fusion culture arises everywhere, from food trucks, to rock music. This year more than 1 million people applied for Citizenship, proving that most Immigrants are happy and love America.

Written by Annie Banerjee, for Banerjee & Associates