Mens Rea

Naturalization to take up to 3 years

USICS has suggested that, due to a surge in the number of Naturalization applications, the processing times are going to be substantially increased. Instead of a 7-9 month process, it is likely that it will be 18-24 months.

In his testimony before the House committee, Gonzalez said: “This surge will have a serious impact on application processing times for the next couple of years. As a result, based on our response plan, most customers will wait much longer to have their applications completed. As we have reported, the average processing time for naturalization applications has increased from the current average of seven months or less to approximately 18 months. Family-based adjustment-of-status applications increased from the current average of six months or less to 12 months. Our two-year response plan will help us accomplish reducing processing times to six months by the third quarter of Fiscal Year 2010.

Director Gonzalez has suggested that the delay is due to the dramatic increase in the filing fees as well as political uncertainty. However another possibility is that immigration attorneys are advocating naturalization far more than in years passed due to growing anti-immigrant sentiment that is sweeping the US as well as strict measures that impact permanent residents such as the PATRIOT ACT. It is far more common today, than in years passed, for a permanent resident to be deported and the only true guard against this is naturalization.

UPDATE: It now seems that it may take up to three years.

For all the false rhetoric from the anti-immigration crowd about people waiting their turn to naturalize legally, we seem to be increasing the roadblocks for them.

On Immigration Reform

CAIR is a dream, just like 'pro-life' positions. You see both positions engeder so much emotion that the latter has served as the primary fund-raising 'issue' for over a generation of Republicans. Immigration has been truly bi-partisan but there was enough untapped anger that sooner or later someone was going to tap that fuel and use it to their advantage. It seems that that is now the Republican party. You could not say that even a year or so ago. However, it seems that Republicans respond to their constituents anger more than anything else and like many in this country, they are focusing all their ire on the immigration "crisis." For the past few years the McCain-Kennedy bill would have provided a START to some reform, not just in trying to figure out what to do with all the illegal immigrants, but to overhaul the system so that it flows better. It now seems that McCain has stepped away from his primary sponsorship of this bill. This is astounding. This WAS McCain's issue, his platform. He has long pushed for it. Thus, it is troubling when you see someone that was identified as the progenitor of a movement suddenly walk away from the position without nary a word. As I have stated previously, it demonstrates that politics, not positions rule McCain's world.

But let's return back to immigration reform. Just yesterday there was an article in WaPo (I think) which suggested that the Bush administration is seriously examining the elimination or drastic curtailment of the visa-waiver program (VWP). This is where nationals of select countries (countries with low fraud rates like Australia, U.K, France, Japan, etc.) do not need a visa to come here. They just get on board and visit. It is sometimes based on a bilateral treaty such that US citizens similarly do not need a visa. I have been all over the world, and the only time I've ever needed a visa was going to China. The Bush admin was concerned on the heels of the UK conviction of the 5 terrorists in the London bombings in '05. It seems that one of the primary informants was a US national of Pakistani extraction that was recruited by the radical Jihadists in the UK. Thus it is fear that is guiding this policy or this entertainment of change. Is it logical? Sure... while we are at it, lets lock all of the immigrants up- they are just slimy people sent here to take our jobs.

Technorati Tags: McCain, CAIR, Republicans

H-1B follies

Things have been a bit bumpy this week. First I found out that the work I did last week for the H-1Bs may not even be worth it as there are only 65,000 visas and 133,000 were submitted; that gives us about a 50/50 chance of getting a visa. There was nothing anyone could have done. I was anticipating about 80,000 and was very surprised it was so high. By the second day (which will not even been considered as they were a day too late) had over 33,000. This is utter insanity. A while back someone indicated that the backing in the US behind the H is waning. Unfortunately, that person just takes a pure populist view. When politicians vote, they must deal with not only the populist sentiment of the time, but also economic realities. I would argue that Microsoft, Cisco et al are far more influential than Lou Dobbs at the end of the day. Sure, immigration needs to be fixed, but there must be a sane system. As I have proposed in the past, I would recommend that they overhaul the H system to make it more clear-cut and streamlined. It would weed out the marginal cases and cases that stir controversy. That can be done with some minor tweaking. I also think that we need to go to a better attestation system like we did with the old H-1A when you had to go through a formal process to be eligible to petition. I would also implement quotas on countries, which we already do with immigrant visas. This gives more opportunity for under-represented countries to come to the US. I would also rapidly alter the ability of staffing companies to just assembly line the system. I think that this circumvents the whole process to a degree.

So, besides this I had another major case along with the fact that I have clients that still have yet to pay drives me up the wall.

Technorati Tags: H-1B, Immigration

Done...almost!

I am done with my H, EXCEPT:

a. Signatures on forms;
b. Final copy prior to filing;
c. Filing;

So about 1 hour's worth of work (it would be about 30 minutes if I had a faster copier or scanner).

Anyways, no rest for the weary, I have to take care of straggling cases today and so hopefully by Friday, all critical stuff will be off my plate. THEN, of course, there will be a temporary respite and then it will get hectic once more. Such is the life of a solo. Punctuated chaos I say. Personally, I would rather have a more even keel, despite the fact that overall it would be more stressful. The predictibility adds volumes of anxiety and makes "Getting Things Done" a daily challenge. I know some people are just hard wired differently than I am and therefore none of this causes them any commotion. It is nice that there are those out there that can inspire us with their cool and collective attitude over the long haul. I am quite good during tremendous chaos. I manage to think clearly during a maelstrom; however it must be focused on one major task. Beyond that it becomes problematic. It is always the little things that kill me!

Technorati Tags: Attorneys, GTD, Immigration, Prioritization, Productivity, Review, Simplicity

H-1B March Madness

I stayed up until midnight to work on an H that has to go out today in order to make it by Monday. I am done with everything but one form which should only take 10 minutes to finish. BUT... herein lies the problem. Assembling the bloody thing takes another few hours so I will have it by the hair of my chinny chin chin. Alas, I will relax for a few minutes after that, but have to get back to work as this H has disrupted my other schedule.

Technorati Tags: H-1B, Immigration

H-1B Stress

I have one H that I have to get done and filed by tomorrow at 2:30pm (last time for FedEx to deliver on Monday). I was supposed to go to a Detroit Pistons game tonight at the Palace with my dad. As anyone who reads this blog knows, I am not the biggest pro basketball fan, but I was looking forward to going and blowing off some steam. I am about 75% done with the petition, just a few simple things on the forms and some polishing of the support letter. But that is not the issue. The number one time sucking event for immigration petitions is the organization. This takes TIME. So, while I am 99% sure that I could have everything ready by 2:30, that 1% would make me not sleep and thus the ultimate decision not to go was a no-brainer. It seems my dad is not pissed. He's going with friends of his so at least he can BS with them. It sucks even more because I am doing a lot of work and not much to show for it. C'est la vie I guess. As someone I know would say "story of my life." But in keeping with the Getting Things Done concept... my mantra is deal with it now!

Technorati Tags: GTD, H-1B, Immigration, Detroit Pistons, Prioritization, puppy

H1B Looming Crisis

As many people know H-1B visas are the primary vehicle for bringing in professionals into the US. Since the heydays of the late 90's we have seen nearly 120 drop in available visas. Well... not entirely. There are additional visas available for US Masters prepared applicants. But, in general, we've seen a substantial decrease. What do I think? I think that it is a bit too drastic. Like everything in our government, they do not know how to titrate to an even flow. Bill Gates was in Washington this week asking for more. As an attorney who practices in the immigration field I can say that I've seen my fair share of questionable visas, but I've also seen perfectly executed petitions that hit every Regulation be denied or thwarted by Requests for Evidences.

It has been widely circulated among the immigration circles (particularly AILA that it could cap the first day (namely April 2). Immigration lawyers now have a "season" like tax professionals. Rather strange I must say. March is a hectic month for many. I don't have many applications to send out, but all I know is that I got burned last year with the cap and thus I wont make the same mistake twice.

Immigration Reform

I really wonder when (or if) we are going to have comprehensive immigration reform. I personally think that the issue has become so divisive that it is doubtful that we will have any real reforms anytime soon. When the members of the American Immigration Lawyers Association are all over the place with respect the issue of the the alleged 11 million undocumented aliens in the country, I think that this does not bode well for the public at large to accept a comprehensive plan. The problem I have is the over-simplification that is done on both sides of the issue. The Lou Dobbsian approach to securing the borders resonates with most people, however unpractical a plan it is. It is like saying that I wish all fuel was emission free. Who doesn't? However, what is the wish is most assuredly not a reality. The simple fact remains that many immigrants come via legitimate means (i.e. a B tourist visa or a H1-B or H2 status) and then overstay. Thus a colossal wall will not prevent this. We simply do not have the economic and political wherewithal to see such a system in place. Additionally, such a policy has the appearance of making the US an isolationist state.

On the other side of the equation, we have the open-borders approach advocated by many. I think that this is flawed as it will create resentment among those immigrants who abided by the law. It also creates the impression that all one needs to do is come here illegally and wait for an amnesty. The advocates of this position (McCain and Kennedy) argue that it is not amnesty as they have to work for it and pay for it and learn English. However I know of no legal visa that you can obtain by such means. Thus this is disingenuous. One thing that I do agree with is the creation of specialized visa categories that would focus on needed professions. This was spearheaded by Kennedy and it is long overdue. The immigration system should be able to adapt on a yearly basis. It should not be stuck with decades old laws that serve no one but manufacturers and slaughterhouses. For example, it is patently offensive that you can come to the US to work in the fields or as a sushi chef and it takes years to come over as an RN, a profession that we are desperately short on. In fact, the nurse business has suffered a major blow as the Schedule A numbers have retrogressed once again. This the second time in two years that it has done this. For hospitals relying on the immigration system, this throws an uncertainty into the mix that would make any prudent COO hesitant to embark on hiring foreign nurses.
Our immigration system should also be uniform. It is not. Much of immigration is purely discretionary. It is ad hoc. This defies everything that this nation was founded upon.

Technorati Tags: Immigration

American Absolutism

I have a problem with people who speak in terms of absolutes. I recently commented on that subject, especially as it relates to moral relativism. However, such absolutes are found from people from all political spectrums. I belong to many listservs, both professionally as well as socially, and it astounds me the number of people who say this MUST, this is the ONLY, this is ABSOLUTELY, one cannot argue, et al Like the old saying goes "never say never" which embodies the notion that there are always shades of grey. I find this to be more prevalent in the US as compared to other countries and cultures. Perhaps I just notice it more.

Then you have the other idiots like Rush who will perform personal attacks against people who say "you know, I just don't know." What the hell is wrong with saying you don't know? Is Rush that much of an insecure buffoon that he can't stand it when he doesn't know something? Probably. Is Rush such a buffoon that even when he doesn't know something he will say something just to hear himself talk? Probably.

I am just venting because I got into a slight squabble about Filipino divorce. Someone posted a query about whether a UK divorce would be honored in the Philippines. I suggested that obviously there is no divorce in the Philippines but that they could attempt an annulment. However, I posited the possibility that the UK and the Philippines may have a treaty that would honor the UK divorce. Personally I have no idea if they do or don't. But this guy later goes on to say well, there is no divorce in the Philippines. Ummmmmm, didn't I already say that? This is the black/white syndrome. It is not in issue that divorce is or is not legal for I stipulated that it was not. However, that is not the end of the story. My argument is that only a Filipino attorney, well versed in family law and international choice of law matters could properly render an accurate assessment. Having read many statutes in the Philippines, they are oftentimes worded very differently than in the US and there are terms of art that an American attorney would not necessarily pick up on. But this guy had to get the last word in, even though it was entirely pointless and demonstrative of his need to always be right. Why can't people just say "it is my impression that the Philippines does not allow for divorce, but that there could be other factors in play" ? Or, even more simply "I don't know!!!!" This guy thinks he knows so much about the Philippines and it is quite evident that he has not spent too much time there as any Filipino will tell you "nothing is black and white in the Philippines."

Technorati Tags: Law, Philippines

Offshoot blog

I will be spinning off the immigration section of this blog to be a counter to Michelle Malkin and the idiots that are publishing distortions. I don't mind someone disagreeing with me on a fundamental philosophy, but when you lie to achieve your goal it really call your entire premise into question. The immigration laws are what they are. They are flawed to be sure, but they are not as lax as those Lou Dobbsian folks would have people believe. If it were that easy, my job as an immigration attorney would be significantly easier. The immigration code is second only to the Internal Revenue Code in terms of its overall complexity; a complexity compounded by the rapid rate of legislation amending, adding or repealing statutes. It is an on-going struggle to be sure.

Technorati Tags: Blogs, H-1B Visas, Immigration, Law