Chandler Law Firm LLC

IMMIGRATION MATTERS

A Column by Kimberley A. Chandler, Immigration Attorney
January, 2010

BEHIND THE WORDS

Widespread misunderstanding and misuse of immigration lingo makes intelligent debate of the immigration issue challenging. For example, the word “immigrant” is used incorrectly by many to describe anyone present in the United States who hails from another country. It carries negative connotations, too: many people blame our country's woes – crime, poverty, high unemployment, etc. on immigrants.

The dictionary definition of “immigrant” is much narrower and suggests relatively honorable conduct. Dictionary.com defines an immigrant as “a person who migrates to another country, usually for permanent residence.” Since migration, in today's world, requires compliance with intricate laws and regulations, immigrants are persons who, by definition, have complied with the immigration law.

Who, then, are the “illegal immigrants” that everyone loves to hate? I suppose that term refers to persons who enter the United States without authorization or stay beyond the date by which they are to leave. They really are not immigrants at all but immigration violators and are more accurately referred to as illegal or undocumented “aliens.” The term “alien,” in the immigration law and Dictionary.com means non-citizens.

Another term useful to the immigration discussion is “non-immigrant,” which is an alien who enters the United States with the intention of staying temporarily. Non-immigrants include visitors, foreign students and temporary workers.

In 2010, it is likely that Congress will consider major changes to our immigration laws. There are two sides to the immigration coin. Changes to our immigration system that make it easier for talented, law-abiding persons to immigrate to the United States or to enter as non-immigrants for a limited period of time are as important to the welfare of our country as are changes that deter abuse of our immigration laws.

As the immigration debates heat up, we need to be mindful of generalizations and terminology which may be not only inaccurate but also a smokescreen intended to confuse the facts and conceal prejudice toward non-citizens.

This article should not be relied upon as legal advice. Consult an immigration attorney for advice specific to your situation.

 

 

NEWS

H-1B CAP FOR FISCAL YEAR 2010 REACHED

On December 22, 2009, USCIS announced that it has received a sufficient number of H-1B petitions to reach the cap of 65,000 for fiscal year 2010. That means that petitions for new H-1B workers will not be accepted until April 1, 2010 for work commencing on or after October 1, 2010. USCIS will continue to process only petitions filed to extend time that a current H-1B worker may remain in the United States; petitions to change the terms of employment for current H-1B workers; petitions to allow current H-1B workers to change employers; and petitions to allow current H-1B workers to work concurrently in a second H-1B position.


H-2B VISAS REMAIN AVAILABLE FOR WORK COMMENCING PRIOR TO APRIL 1, 2010


ARTICLES

Immigrants, Welfare and Taxes

These are tough economic times, and tax season makes it even harder. Vitriolic talk and finger-pointing at alleged sources of our economic distress abound. Immigrants are a common target. “They,” say anti-immigration advocates, “have invaded our country, don’t pay taxes and collect welfare.” Is there any truth to such bold, inflammatory statements?

Is Unifying Families Really an Immigration Priority?

Most people who immigrate to the United States are able to do so because they have a close relative in the United States who petitions for them or because they have a job skill that is needed by a United States employer. The process, in either case, is a lengthy one, usually taking several years from start to finish. The wait is discouraging and impractical for prospective immigrants who are needed by United States employers; but for close family members, the wait is agonizing and, perhaps, impossible.


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