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United States Immigration News
 New York, January 2008


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Immigration News Visa Fee Increase as of January 1, 2008

U.S. VisaWASHINGTON, DC - The cost of becoming a legal resident and an American citizen recently increased along with other services. So it comes as no surprise that other fees for non-immigrant visas and immigrant visas will be increasing this 1st of January. Individuals applying for a student, business or tourist visa will be paying $131 instead of $100. The fee for immigrant visa applicants will increase from $335 to $355. Not all applicants will have to pay the increase. Those applicants are the ones who have already paid and have an appointment for a visa interview before January 31. However, they must also show up to their visa interview because failing to do so will result in having to pay the difference at a later time. If the applicant has paid the $100 fee but is scheduled for an interview after January 31, they will have to pay the additional $31. Some foreign visitors will also be granted exceptions and be citizens of one of the 27 countries participating in the Visa Waiver Program. The countries in the program include: Andorra, Australia, Austria, Belgium, Britain, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden and Switzerland. In addition, the foreigner must not stay longer than 90 days to qualify. The fee increases will help cover the cost of inflation and implementation of new technologies and security measures.

Immigration News British Man Convicted for Visa Scam

E-2 Visa ScamMIAMI, FL - Visas to get into the United States are highly coveted. Some may try for years to obtain one and may not be successful. So, when the opportunity to obtain one without much difficulty comes around they may go for it. Usually someone appears to be the facilitator and demands a hefty sum for their services. They promise to deliver legal documents along with a visa that will help individuals and/or their families reside in the United States. One British man, Michael Leggett, was recently involved in a visa scam. He was living in Florida and owned a company called Royal Development. It was through his company that he tried to secure E-2 business visas for his clients. The British individuals made significant investments in his company, some up to a quarter of a million dollars. Leggett submitted twelve applications with fake information such as addresses and phone numbers. He even forged some signatures. The fraudulent businessman took in more than $2.5 million from different investors who invested solely in his company because they wanted a new life in the United States. An investigation was conducted after the British clients became suspicious and Leggett was detained in Florida. He pleaded guilty to visa fraud and was given 15 months of jail time. As part of his plea agreement he will fully reimburse his clients. Leggett will be deported back to the United Kingdom once he serves his sentence.

Immigration News More Illegal Immigrants Making Their Way Back

Mexicans ReturningHOUSTON, TX - Getting to the United States is a journey in itself for many. It represents a new life with many opportunities. However, for many illegal immigrants getting to the U.S. is half the battle. The second half of the battle is actually surviving in the country. Raids have become more widespread and a simple traffic violation could lead to deportation. They are limited to what jobs they can take on and economic downturns can make it harder to make ends meet. Many regions in the United States have a high cost of living which leaves illegal immigrants with less disposable income. In addition, the weakening of the U.S. dollar is making remittances sent to families back home worth less. It is highly unlikely that immigration reform policies that favor illegal immigrants will soon gain approval by both houses of Congress. Immigrants soon discover that life in the U.S. is harder than they imagined. Some become so discouraged that they decide to make their way back to their homeland. Mexican Consulate offices have been seeing a surge in the number of individuals applying for Mexican citizenship for their American born children. Gaining Mexican citizenship allows their children to enroll in the Mexican school system when they return. A similar pattern is occurring in Brazil where many Brazilians are returning because they no longer want to live with the constant fear of deportation.

Immigration News Volunteers Helping Applicants Achieve Their Dream

Citizenship Test ClassLOS ANGELES, CA - Gaining American citizenship is a dream that many immigrants are making come true. To become eligible to apply for American citizenship individuals must meet certain requirements. First, the applicant must have resided legally in the United States as a permanent resident for a minimum of five years. They must also be at least 18 years old and be of good character. The applicant must have the ability to speak basic English and understand it. They must also know how the American government works and understand the principles it was founded on. The last step is to be willing to take the Oath of Allegiance. There are application forms, fees involved and even an interview. To facilitate the process some organizations teach classes to help applicants pass the citizenship test. Other classes may teach basic English. If it were not for the volunteers, many of these classes would not be possible. Teresa Cortes is an exemplary volunteer that has helped local immigrants in Moorpark, California become citizens. She teaches small classes and her students are offered one-on-one assistance for completing the numerous citizenship forms. Cortes is a demanding teacher but in the end it pays off. Her students have a reputation for passing the citizenship test. Cortes enjoys what she does, and it is her way of giving back to the community.

Immigration News Deadline for Western Hemisphere Travel Initiative Extended

U.S. PassportWASHINGTON, DC - The Intelligence Reform and Prevention Act of 2004 (IRTPA) introduced the Western Hemisphere Travel Initiative (WHTI). It requires travelers flying into and out of the U.S. from Mexico, Canada, the Caribbean region and Bermuda to present a passport or equivalent documentation. This requirement also includes American citizens but excludes U.S. military traveling on official orders. The documentation must indicate the citizenship and identify the individual. Acceptable documentation for Americans include: a passport card, a passport, traveler cards (SENTRI, FAST and NEXUS) and the Merchant Mariner Document. Many travelers rushed to obtain a passport before the January 23, 2007 deadline and it created a huge backlog to obtain a passport. The American government responded by extending the deadline to September 20, 2007. Originally the government had planned to make the passport requirement applicable to travelers not only flying into the U.S. but also entering through land or sea. The original deadline was set for January 31, 2008 but this date has now been pushed back. Travelers via land or sea now have until summer of 2008 to obtain a passport. No specific date has been announced. Starting January 31 travelers must present either a passport or government-issued photo ID. For example, a driver’s license is an acceptable form of ID. They will also have to present proof of citizenship like a birth certificate. Oral declarations of American citizenship will no longer be accepted.

Immigration News Ice Taking Into Custody Illegal Immigrants Who Just Completed Sentences

Immigrants in JailPHOENIX, AZ - For an illegal immigrant who ends up in a jail cell it may possibly mean deportation. The law enforcement agency may flag that individual to the U.S. Immigration and Customs Enforcement (ICE). This may happen when they believe the detainee has violated an immigration law. If they find that there is a violation, the individual is first allowed to serve his sentence. Within 24 to 48 hours, the detainee is taken into custody by an ICE agent. This is becoming more common that illegal immigrants are going from jail to permanent removal from the United States. Part of this can be attributed to law enforcement officials being trained to identify possible immigration law violators. Counties throughout the nation have introduced immigration law training to law enforcement agencies on a small scale but hope to expand this with increased funding. Since 2003 the ICE was given the responsibility of enforcing and investigating air security laws and customs laws. As a result, they have more aggressively sought the cooperation of local law enforcement agencies. Reasons why an illegal immigrant can be removed from the country include: committing specific crimes, entering the U.S. illegally, overstaying a visa or violating the visa’s terms. Before facing permanent removal from the country, non-citizens must stand before an immigration judge who will decide their fate.

Immigration News Introduction of New Form I-9

Signing Form I-9WASHINGTON, DC - In an attempt to crack down on businesses that are hiring illegal immigrants a change was recently implemented on December 26, 2007. The Department of Homeland Security has introduced a new Form I-9 or Employment Eligibility Verification Form. Failure to use the new form may result in penalties. It is not necessary to complete a new form for applicants who already have Form I-9 on file and were hired before December 26, 2007. While the I-9 form is not submitted to the American government it must be kept on hand by the employer. Businesses must store records that go back six years in case immigration or any other government agency wants to audit records. The new Form I-9 is a more elaborate form that has eliminated five formerly accepted types of documentation for identification and work eligibility purposes. The documentation no longer accepted includes: unexpired Refugee Travel Document (Form I-571), unexpired Reentry Permit (Form I-327), Alien Registration Receipt Card (Form I-151), U.S. Citizenship Certificate (Form N-560 or N-570) and the Naturalization Certificate (Form N-550 or N-570). The U.S. Citizenship and Immigration Services eliminated these documents since they lack anti-counterfeit features. Also, the U.S. government is trying to impose higher fees for businesses that willingly hire illegal workers. Laws penalizing employers have been around but their enforcement has generally been weak. The government is now trying to send a different message to employers.

Immigration News Small Businesses Relying on Seasonal Workers

H-2B WorkersAUSTIN, TX - There are small businesses that desperately need workers. Sometimes getting an American worker to fill those positions is a difficult task since the work can be back-breaking with limited or no benefits. Small businesses can sometimes hire seasonal workers under the H-2B program to ease the personnel shortage. The program allows Mexican citizens to work for ten months in the U.S. and then must return home for the remaining two months of the year. Both the employer and employee must agree that they want to work together so no side is forced. Small businesses must go through a process to qualify for the program. They must prove to the American government that no American workers who met the qualifications for their job were interested. The business must show proof that detailed classified ads were placed in major newspapers around their region. The ads must also have been placed for three successive days with interested job seekers given a reasonable period of time to apply. Then the business must screen the applicants and make a hiring decision or state valid reasons for why the applicant did not meet the criteria. Adding to the stress of the worker shortage is that many small businesses are concerned about the recent expiration of the Save Our Small and Seasonal Businesses Act. Part of the act allows seasonal H-2B workers to be excluded from the 66,000 visa cap which has almost been reached for the year 2008.

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