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Archive for the ‘Immigration Court’ Category
Tuesday, February 2nd, 2010
. If you suspect an act of human trafficking in your area, you can report a tip to the National Human Trafficking Resource Center Hotline at 1-888-373-7888. This national, toll free hotline is available to answer calls from anywhere in the country, 24 hours a day, 7 days a week, every day of the year.
President Barack Obama proclaimed January 2010 as National Slavery and Human Trafficking Prevention Month. I was very glad to hear this. I have worked in many countries where human life is valued much more cheaply than it is here in the United States. Below are two examples that the Department of Justice has successfully prosecuted:
One case involved the trafficking of two young girls, including a 13 year-old, from rural Mexico to Tennessee with the intent of forcing them into prostitution. In December a woman from Tennessee was sentenced to 190 months in prison on sex trafficking and conspiracy charges. Her co-defendant was sentenced to 50 years in prison in 2008. Both pleaded guilty and admitted to fraudulently luring the two young girls. The multi-agency investigation and federal prosecution resulted in the successful conviction of 11 defendants.
In another case two defendants plead guilty in a forced labor case in Hawaii. Farm co-owners pleaded guilty to conspiring to commit forced labor. The men admitted to conspiring with one another and others to hold 44 Thai agricultural workers in service at their farm through a scheme of debts, threats of harm and restraint. They each face up to five years in prison for their roles in the labor trafficking scheme.
Please know that if someone is a victim of human trafficking there are visas. Below please find some questions and answers from USCIS’s website regarding the “T” & “U” visas:
T Nonimmigrant Status (T Visa) is set aside for those who are or have been victims of human trafficking and are willing to assist law enforcement in the investigation or prosecution of acts of trafficking. Below are Questions and Answers pertaining to T nonimmigrant status.
Background
In October 2000, Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). The legislation strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims.
Questions and Answers
Q. What Is Human Trafficking?
A. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social safety nets. The T nonimmigrant visa allows victims to remain in the United States to assist federal authorities in the investigation and prosecution of human trafficking cases.
To consider a situation ‘trafficking’ depends on the type of work, and the use of force, fraud, or coercion to obtain or maintain work.
Under Federal law, the term “severe forms of trafficking” can be broken into two categories:
• Sex trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age.
• Labor trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
Q. Do Federal Laws Prohibit Trafficking In Persons?
A. Yes. The Thirteenth Amendment to the U.S. Constitution outlaws slavery and involuntary servitude (holding another in service through force or threats of force.) The Victims of Trafficking and Violence Protection Act (VTVPA) supplements existing laws that apply to human trafficking, including those passed to enforce the Thirteenth Amendment. The VTVPA also establishes new tools and resources to combat trafficking in persons, and provides an array of services and protections for victims of severe forms of trafficking.
Q. Is There Any Immigration Relief Available For a Victim of a Severe Form of Trafficking In Persons?
A. Yes. Victims of severe forms of human trafficking are eligible for a T Nonimmigrant status (T visa). The T nonimmigrant visa allows victims to remain in the United States to assist in the investigation or prosecution of human traffickers. Once a T nonimmigrant visa is granted, a victim can apply for permanent residence after three years.
Q. How Do You Become Eligible For T Nonimmigrant Status?
A. To qualify for T nonimmigrant status you must:
• Be or have been a victim of severe trafficking in persons.
• Be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry on account of trafficking.
• Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking.
• Demonstrate that you would suffer extreme hardship involving severe and unusual harm if you were removed from the United States.
If under the age of 18 at the time of the victimization, or if you are unable to cooperate with a law enforcement request due to physical or psychological trauma, you may qualify for the T nonimmigrant visa without having to assist in investigation or prosecution.
You must also be admissible to the United States or obtain a waiver of admissibility.
Q. What is the Application Process to Obtain a T Nonimmigrant Visa?
A. If you are a victim of a severe form of trafficking, you must submit a Form I-914, Application for T Nonimmigrant Status. The Form I-914 requests information regarding your eligibility for T nonimmigrant status, as well as admissibility to the United States. You must also include a statement in your own words about your victimization. You may submit a law enforcement agency endorsement using Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. You also have the option to submit secondary evidence of compliance with reasonable requests for assistance. This evidence may include: trial transcripts, court documents; police reports, news articles and affidavits.
Q. Are There Fees That I Must Pay To Apply?
A. There is no fee to file a Form I-914, Application for T Nonimmigrant Status. You may submit a request for a waiver of the filing fees for all other forms associated with filing your Form I-914.
Q. Can My Family Members Also Obtain T Nonimmigrant Status?
A. Yes. Immediate family members are eligible for derivative nonimmigrant status.
If the principle applicant is…. Then…
Under 21 years of age They may apply on behalf of spouse, children, parents and unmarried siblings under age 18.
21 years of age or older They may apply on behalf of spouse and children.
To apply for family members, you must submit a Form I-914 Supplement A, Application for Immediate Family Member of T-1 Recipient. Your family member’s application can be filed at the same time as you or at a later time.
Q. Are There a Limited Number of T Nonimmigrant Visas Given Each Year?
A. Yes. Congress has limited the number of T nonimmigrant visas granted each year to 5,000. This does not apply for family derivative visas. Once the cap is reached, applicants will be placed on a waiting list. This waiting list allows those applicants who cannot be granted a visa due to the numerical limitation to obtain priority in the following year.
Q. Can I Legally Work in the United States If I Have T Nonimmigrant Status?
A. Yes. When USCIS grants T nonimmigrant status, an Employment Authorization Document (EAD) is granted at the same time. The information for the EAD is generated from the Form I-914. There is no need to file a Form I-765, Application for Employment Authorization, along with the application for a T nonimmigrant status.
Q. How Long Am I Allowed to Remain in the United States With My T Nonimmigrant Visa?
A. The T nonimmigrant visa is valid for 3 years and a visa holder may be eligible to apply for permanent residence (Green Card) after 3 years in T nonimmigrant status.
Q. How Can I Apply For Permanent Residence (Green Card)?
A. You may apply for permanent residence by submitting Form I-485, Application to Register Permanent Residence or Adjust Status. You must have been lawfully admitted to the United States as a T nonimmigrant and must continue to hold such status at the time of application.
To qualify for permanent residence, you must:
• Be physically present in the United States for a continuous period of at least three years in T nonimmigrant status, or a continuous period during the investigation or prosecution of the acts of trafficking, provided that the Attorney General has certified that the investigation or prosecution is complete, whichever time is less.
• Maintain good moral character during your stay in the United States.
• Have complied with any reasonable request for assistance in investigation or prosecution or demonstrate extreme hardship involving unusual and severe harm upon removal from the United States.
• Be admissible to the United States, or obtain a waiver of admissibility.
For more information on green cards, see the “Green Card for a T Nonimmigrant” link to the right.
Q. Is A Victim of Trafficking Eligible For Any Services And Benefits?
A. Victims of trafficking may be eligible for a number of federally funded benefits and services regardless of immigration status if they have been certified by the U.S. Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR). Once a victim has been certified, they are eligible for the same services as a refugee. If the victim is under the age of 18, he or she is eligible for certain benefits without the requirement of certification.
For more information about the certification process, please see the “Health and Human Services” link to the right.
Q. Are There Any Other Forms of Immigration Relief Available to Victims of Trafficking?
A. Yes. Another status granted to victims of human trafficking is U nonimmigrant status (U visa). To apply for a U visa, victims must file a Form I-918, Petition for U Nonimmigrant Status. U visas are awarded to people who have suffered substantial physical or mental abuse as a result of having been a victim of specified criminal activity.
. If you suspect an act of human trafficking in your area, you can report a tip to the National Human Trafficking Resource Center Hotline at 1-888-373-7888. This national, toll free hotline is available to answer calls from anywhere in the country, 24 hours a day, 7 days a week, every day of the year.
Posted in Immigration, Immigration Court, Reform/New Laws, Soap Box | No Comments »
Thursday, January 14th, 2010
By Lucas Sullivan | Monday, January 11, 2010, 04:30 PM
DAYTON – City police officers are now prohibited from asking the immigration status of a witness or victim of a crime in hopes it eases fears some ethnic groups have of law enforcement.
Police Chief Richard Biehl issued the executive order to his nearly 390 officers on Dec. 30 telling them, “Citizens must feel free to call for police services without fear of undue repercussions.”
Biehl’s order, aimed mostly at the Latino community, goes on to say a “Police presence within the entire community is extremely important to engender a feeling of safety and trust…”
The order is being cheered by the city’s Hispanic community, whose leaders have said many victims of crimes who can’t provide documented citizenship don’t report incidents to police because they fear being arrested or even deported.
“Reporting crimes helps everyone in the community and Chief Biehl wants to stop crime in the city,” said Sister Maria Stacy, director of the local Hispanic Catholic Ministry. “When victims are willing to report it, crime can be decreased.”
Biehl said he was made aware of issues some ethnic groups in the city, most notably the Latino population, had with his department and its policing practices.
“After talking with my command staff I realized that it is something we needed to study more and since it was such a lightning rod issue, to see if there were going to be any federal measures taken,” he said.
One issue in particular, arose nearly three years ago, Stacy said, when some in the Latino community felt officers were frequently making traffic stops and issuing tickets to Hispanics.
“Some people became very hesitant of the police and started to not report things because their experience was they would get into trouble,” Stacy said.
Dayton police union president Randy Beane disagrees with Biehl’s order, saying it circumvents federal law officers are asked to follow regarding illegal immigrants. Beane said some officers disagree with Biehl’s order so strongly they said they are willing to disobey it.
“We believe that anyone in this country should be legal or in the process of becoming legal,” Beane said. “In this age of terrorism it is our duty to make sure someone is legally living in this country.”
But Biehl maintains the directive, which is modeled after a recommendation from an organization of police chiefs from the country’s largest cities, actually helps his officers better police the community and seek out any terrorist element.
“We must protect this community and in doing so make sure all citizens, documented or undocumented, who are victims or witnesses to a crime feel they can talk to police,” Biehl said. “It is our duty to protect and serve everyone within the city limits.”
Community leaders estimate there are between 20,000 and 30,000 Latinos living in the city, concentrated mostly on the city’s east side. Dave Larson, a local immigration attorney said there could be between 5,000 to 10,000 undocumented Latinos in the city, “But that is merely a guess.”
Activists in the Latino community and law enforcement officials are eagerly awaiting new U.S. Census Bureau data that should provide a more accurate number of Latinos living in the city.
Stacy and other Latino leaders said they aren’t aware of any other local police departments issuing such an order because there isn’t enough of a population to warrant a directive.
The economy has inhibited, if not reversed, any population growth in the Latino community in the area, Stacy said.
As for any changes to policy or police practices, Biehl said he was not sure what, if any, would be implemented. But Biehl said he does not want his officers determining if a victim or witness to a crime is a legal citizen or even asking questions related to someone’s immigration status.
He added those who feel undocumented immigrants are not privy to services provided by taxpayers are “wrong-headed.”
Posted in Deportation & Removal, Immigration, Immigration Court, Reform/New Laws | No Comments »
Thursday, January 7th, 2010
Most people wait until everything is just right before they do anything. They refuse to go out on a limb where the fruit is. They are the people who end up like the cook’s biscuits.
Let me explain. When I was a small boy in Yazoo City, Mississippi, we lived next door to some rich folks. I know they were rich because they not only had a cook, but the cook had something to cook. In the 1930’s that was a sure sign of wealth. I was there for lunch one day, as I tried to be most every day. On this occasion, the cook brought out a pan of biscuits. Since they were no thicker than a silver dollar, I asked, “Maude, what happened to those biscuits?” She reared back, laughed, and said, “Well, those biscuits squatted to rise, but they just got cooked in the squat.”
From: “See You at the Top” by Zig Ziglar
Now what in the world does this have with getting a “green card” or any other immigration benefit in today’s environment? The current situation does not allow everybody to get their benefit in the United States. Some people are able to get what they want along with filing for a waiver at USCIS, others may have to go home and process through their consulate. Everything is not just right. Does this mean you should just wring your hands and wait for the law to change? Maybe not, we have met with many families and individual we have been able to help.
Please meet with an immigration attorney and find out what your options are, how long it will take and what it will cost. Then talk to the attorney about what happens if you do not do anything. Certain people will be better off not doing anything now, but other will find that they are eligible for benefits and can come out from living in the shadows.
Posted in Adoption, Asylum, Citizenship, Deportation & Removal, Family Member, Family Visas, Family based Immigration, Immigration, Immigration Court, Reform/New Laws, Soap Box | No Comments »
Thursday, December 10th, 2009
11 Face Sham-marriage Charges Non-citizens sought improved immigrant status, agents say
Wednesday, December 9, 2009 3:05 AM
By John Futty
THE COLUMBUS DISPATCH
A group of central Ohioans arranged sham marriages for Eastern European immigrants attempting to evade U.S. immigration laws, according to a federal indictment unsealed yesterday.
Agents have arrested nine people accused of taking part in the scheme. Two others remained at large last night.
The conspirators allegedly charged about $17,000 for each arranged marriage, recruiting citizens willing to take a cut to marry non-citizens, prosecutors said.
The marriages were arranged beginning in 2007 “to lend the appearance of being legitimate marriages in order to assist non-citizens in fraudulently achieving a more favorable status with United States immigration authorities,” the indictment states.
“The non-citizens involved are from the former Soviet republics,” said Fred Alverson, a spokesman for the U.S. attorney’s office. “This occurred within a tight-knit community.”
The following defendants appeared yesterday in U.S. District Court in Columbus:
• Hasan Salohudtdinov, 28, of Dublin, charged with conspiracy, fraud and misuse of immigration documents.
• Dmitry Pani, 28, of Dublin, charged with conspiracy.
• Sviatlana A. Piskunova, 22, of Columbus, charged with conspiracy, fraud, marriage fraud and misuse of immigration documents.
• Laura Elizabeth Grace Scott, 20, of Columbus, charged with conspiracy and marriage fraud.
• Courtnie Susann Good, 20, of Columbus, charged with marriage fraud.
• Iskander Odilovich Tairov, 20, of western Franklin County, charged with marriage fraud.
• Brent James Woods, 25, of Columbus, charged with marriage fraud.
Salohudtdinov, Pani, Piskunova and Tairov were ordered held without bond by U.S. District Judge Algenon L. Marbley. Scott and Good were released on their own recognizance.
Djafar B. Sobirov, 29, of Columbus, and Ladawna Sharee Tackett, 20, of West Jefferson, both indicted for marriage fraud, were at large.
Agents also arrested Sobithon A. Mirzaey, 22, in New Orleans, and Elbek A. Saidjanov, 22, in Philadelphia. Both allegedly took part in sham marriages in central Ohio and are charged with marriage fraud and misuse of immigrant documents.
Prosecutors said the marriages took place primarily at the Columbus Wedding Services Chapel, 761 S. High St.
Marge Butler, who operates the business with her husband, said yesterday that she was unaware of the scheme.
“We are not required to ask for identification or ask any questions,” she said. “Regardless of what we think or feel, if they give us a valid marriage license, that’s it.”
Each count of conspiracy to commit marriage fraud and marriage fraud is punishable by up to five years in prison and a fine of up to $250,000. Foreign nationals face deportation after any prison time served.
Posted in Deportation & Removal, Immigration, Immigration Court | No Comments »
Thursday, December 10th, 2009
Franklin County Magistrate Pamela Browning last Monday morning declined to grant a preliminary injunction against the Ohio Bureau of Motor Vehicles to prevent them from cancelling vehicle registrations of nearly 45,000 cars & trucks largely driven by undocumented immigrants. Beginning yesterday, the Columbus Dispatch, it will be illegal for thousands of immigrants to drive on Ohio’s roads. The BMV is canceling their vehicle registrations for failing to prove they are legal U.S. residents. Police can stop those driving with revoked registrations, issue tickets and seize license plates. Drivers who cannot provide adequate identification risk going to jail, with undocumented immigrants also potentially facing deportation.
“BMV changes to weed out fraudulent registrations began on Aug. 24,” the article said, “the reforms being delayed for more than a year after former Public Safety Director Henry Guzman met with Latino business owners and then asked for improvements to the policy. BMV began a crackdown on Oct. 8, mailing out some 47,457 letters to those with questioned registrations instructing them to appear at BMV offices by yesterday and provide a state driver’s license, ID number, or a Social Security number so their identities could be verified.”
While the BMV’s letter said that registrations would be cancelled as of Dec. 8th , the BMV decided to wait until yesterday to take the action to provide those affected with a full 60 days notice, spokeswoman Lindsay Komlanc said.
reported
Posted in Deportation & Removal, Immigration, Immigration Court | No Comments »
Thursday, October 22nd, 2009
USCIS has revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete. Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible. In the previous edition of Form I-601, information about grounds of inadmissibility could only be found of the form’s instructions.
The new Form I-601 and its filing instructions, including instructions on where to file and applicable fees, can be found on our website at www.uscis.gov. In accordance with 8 CFR 103.7(c)(5), USCIS may waive the filing fee in an individual case based on the individual’s inability to pay, only if the individual filing the a Form I-601 is:
• An alien who in valid T or U nonimmigrant status;
• An approved VAWA self-petitioner; or
• An alien, seeking adjustment of status, to whom section 212(a)(4) of the Act does not apply, so that the alien is not required to prove that he or she is not likely to become a public charge.
Guidance on how to request a fee waiver can be found on our website at www.uscis.gov/feewaiver.
USCIS will continue to accept the previous version of the form, dated 10/30/08 Y, through November 20, 2009. Beginning November 21, 2009 USCIS will only accept the revised Form I-601, dated 04/06/09 N, and will reject all requests using previous editions of the form.
Posted in Deportation & Removal, Family based Immigration, Green Card | No Comments »
Thursday, October 8th, 2009
ICE DETENTION REFORM: PRINCIPLES AND NEXT STEPS
Secretary Napolitano Announces New Immigration Detention Reform Initiatives
Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced a series of new initiatives as part of the Department’s ongoing immigration detention reform efforts to enhance the security and efficiency of ICE’s nationwide detention system while prioritizing the health and safety of detainees.
The reform efforts address the seven major components of the detention system outlined in a comprehensive review conducted by Dora Schriro, the former ICE Office of Detention Policy and Planning Director, over the past several months, focusing on greater federal oversight, specific attention to detainee care, and uniformity at detention facilities.
Core Principles to Guide Long-Term Efforts:
ICE will prioritize efficiency throughout the removal process to reduce detention costs, minimize the length of stays and ensure fair proceedings;
ICE will detain aliens in settings commensurate with the risk of flight and danger they
present;
ICE will be fiscally prudent when carrying out detention reform;
ICE will provide sound medical care; and
ICE will ensure Alternatives to Detention (ATD) are cost effective and promote a high rate of compliance with orders to appear and removal orders.
One-Year Benchmarks:
Secretary Napolitano has also established one-year benchmarks for detention reform that will be completed by the end of fiscal year 2010: Review contracts for all detention facilities to identify opportunities for improvement and move forward with renegotiation and termination of contracts as warranted. Revise immigration detention standards to reflect the conditions appropriate for various immigration detainee populations; and Issue two competitive bids for detention facilities that will reflect all five core principles of immigration detention reform.
Immediate Reforms:
Secretary Napolitano and Assistant Secretary John Morton announced the following reforms on Oct. 6. Implementation will begin immediately.
Each of these reforms are expected to be budget neutral or result in cost savings through reduced reliance on contractors to perform key federal duties and additional oversight of all contracts.
Population Management
- Effective immediately, ICE will create a library of contracts for all facilities with which ICE has active agreements and centralize all contracts under ICE headquarters’ supervision. At present, the Office of Acquisitions at ICE headquarters negotiates and manages only 80 of the more than 300 active contracts for detention facilities. The remaining contracts are overseen by disparate ICE field offices and the Office of the Federal Detention Trustee.
- Effective immediately, ICE will aggressively monitor and enforce contract performance in order to ensure contractors comply with terms and conditions—especially those related to conditions of confinement. When confronted with repeated contractual deficiencies, ICE will pursue all available avenues for remedying poor performance, including termination of contracts.
- Cost: In the long term, this effort is expected to yield cost savings and a better managed and more efficient contracting process, though these initiatives may require additional resources at headquarters.
Alternatives to Detention (ATD)
- This fall, ICE will submit to Congress a nationwide implementation plan for the Alternatives to Detention Program (ATD).
- ICE will develop an assessment tool to identify aliens suitable for ATD.
- ICE will continue to work with the Department of Justice to expedite the adjudication of ATD cases to reduce costs.
- Cost: ATD costs substantially less per day than detention: the most expensive form of ATD costs only $14 per day compared to the cost of detention, which varies per facility but can exceed $100 per day.
Detention Management
- Effective immediately, ICE will devise and develop a risk assessment and custody classification, which will enable detainees to be placed in an appropriate facility.
- On Oct. 30, following the first meeting of the detention advisory group, Assistant Secretary Morton will host an industry day and begin market research about utilizing converted hotels, nursing homes and other residential facilities as immigration detention facilities for non-criminal, non-violent populations.
- Cost: Such facilities that are commensurate with risk are anticipated to save money over the long term, pending a comprehensive assessment.
Posted in Deportation & Removal, Immigration Court | No Comments »
Tuesday, October 6th, 2009
Beginning on October 1, 2009, there is a greater likelihood that returning Legal Permanent Residents (LPRs) with criminal convictions will be issued a Notice to Appear (NTA) at ports of entry versus a grant of deferred inspection. In addition, depending on the nature of the conviction, CBP staffing, and available detention bedspace, among other factors, it also is possible that more returning LPRs with criminal convictions will be detained. CBP confirmed, however, that deferred inspection for such returning LPRs is still an option. CBP explained that it modified its policy based on information reflecting that an appreciable percentage of those granted deferred inspection do not show up for such inspection. More guidance to the field will be forthcoming from CBP, but be aware of the likelihood of an increase in the number of LPRs being detained and/or issued NTAs at ports of entry. CBP confirmed that this policy already had been in place in Georgia and Florida.
Note that LPRs cannot be detained if they are in possession of evidence that proves that their conviction does not render them inadmissible pursuant to INA 212(a)(2).
Posted in Deportation & Removal, Immigration Court | No Comments »
Monday, September 28th, 2009
On January 1st, a new law went into effect that requires vehicles to have their headlights on anytime their windshield wipers are being used.
-4513.03 Requires vehicle headlights to be on at any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield.
We are providing this information as a number of immigration court cases come out of traffice citations.
Posted in Immigration Court | No Comments »
Monday, September 28th, 2009
The latest available data from the Justice Department show that during the first nine months of FY 2009 the government reported 67,994 new immigration prosecutions. If this activity continues at the same pace, the annual total of prosecutions will be 90,659 for this fiscal year. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this estimate is up 14.1 percent over the past fiscal year when the number of prosecutions totaled 79,431.
Posted in Deportation & Removal, Immigration Court | No Comments »
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