Archive for the ‘Soap Box’ Category

Víctimas de tráfico humano: estatus T de no inmigrante

Tuesday, February 2nd, 2010

El tráfico humano, llamado también tráfico de personas, es una forma de esclavitud moderna en la que los traficantes atraen a las personas con falsas promesas de empleo y de una vida mejor.  Frecuentemente, los traficantes se aprovechan de personas pobres y desempleadas a las que les falta acceso a servicios sociales.  El estatus T de no inmigrante (visado T) protege a las víctimas de tráfico humano y permite que las víctimas se queden en los Estados Unidos para ayudar en una investigación o en el procesamiento penal del tráfico humano.

Elegibilidad de no inmigrante T

Puede que sea elegible para un visado T si:

  • Es o ha sido víctima del tráfico humano según lo define la ley 
  • Está en los Estados Unidos, Samoa Americana, la Comunidad de las Islas Marianas del Norte, o en un puerto de entrada debido al tráfico humano 
  • Cumple con las peticiones razonables de ayuda en la investigación o procesamiento penal del tráfico humano de una agencia policial (o tiene menos de 18 años o no puede cooperar debido a algún trauma físico o psicológico) 
  • Demuestra que sufriría penuria extrema relacionada con daños personales extraordinarios y serios si se le hiciera salir de los Estados Unidos 
  • Es elegible para que se le admita en los Estados Unidos.  Si no es elegible para que se le admita, puede solicitar dispensa con un Formulario I-192, Solicitud de permiso adelantado para ingresar como no inmigrante

Para solicitar el estatus T de no inmigrante 

Para solicitar un visado T, presente:

  • Formulario I-914, Solicitud de estatus T de no inmigrante 
  • Tres fotografías de tamaño de pasaporte 
  • Una declaración personal explicando cómo ha sido víctima del tráfico humano (en el Formulario I-914) 
  • Evidencia que demuestre que satisface los requisitos de elegibilidad

Nota: Se le aconseja que presente el Formulario I-914, Suplemento B, Declaración de oficial policial para víctima de tráfico de personas, para demostrar el apoyo de una agencia policial.  El Formulario I-914, Suplemento B sirve como la evidencia principal de que usted es una víctima de tráfico humano y de que ha cumplido con las peticiones razonables de una entidad policial.

Vea los enlaces para los formularios de visado T que aparecen a la derecha de la página.

Para peticionar a los miembros de la familia que sean elegibles

Ciertos miembros de familia son elegibles para una visa T derivada.

Si usted tiene… Entonces…
Menos de 21 años Puede presentar una solicitud a beneficio de su cónyuge, sus hijos, sus padres, y sus hermanos solteros menores de 18 años.
21 años de edad o más Puede peticionar a su cónyuge y sus hijos.

 

Para peticionar a un miembro elegible de su familia, debe tramitar un Formulario I-914, Suplemento A, Solicitud para miembro de la familia inmediata de beneficiario de T-1, al mismo tiempo que presenta su solicitud o más adelante.  Vea los enlaces del visado T que aparecen a la derecha de la página.  Para solicitar residencia permanente (una Tarjeta verde [Green card]) para usted mismo o para un miembro de su familia que sea elegible, vea el enlace de “Tarjeta verde para un no inmigrante T” que aparece a la derecha de la página.

Human Trafficking

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.

State of Immigration Reform

Thursday, January 28th, 2010

Last night President Obama included as part of his State of the Union address:

 “And we should continue the work of fixing our broken immigration system – to secure our borders , enforce our laws so that everyone who plays by the rules can contribute to our economy and enrich our nation.” 

As reported in the Washington Post in August of 2009 President Obama expected draft legislation for immigration reform in 2009, but that immigration reform would fall behind  more pressing issues, including health-care reform, energy legislation and financial regulatory changes.

I was in a conference call regarding immigration reform yesterday for about an hour.  The reoccurring message was that our representatives needed to know that they had our support for immigration reform.  The received a large amount of phone calls and emails from those who oppose immigration reform.  They need to receive an amount of emails or calls as large or larger to vote in favor of immigration reform.

To make the process of contacting your representatives as easy as possible I have included a link below.  This link will help you find your representative, has a editable email message, you would need to fill in your name.  There is no cost to use this.  The cost to not contact your representatives is to not have a working immigration system for another year.   email your congressman

The real free credit report

Tuesday, January 19th, 2010

Want a Free Annual Credit Report?

The Only Official Website is annualcreditreport.com

The Fair Credit Reporting Act requires each of the nationwide consumer reporting companies – Equifax, Experian, and TransUnion – to provide you with a free copy of your credit report, at your request, once every 12 months. The three companies have set up one central website, toll-free telephone number, and mailing address through which you can order your free credit report. The Federal Trade Commission (FTC), the nation’s consumer protection agency, wants you to know that, if you want to order your free annual credit report online, there is only one authorized website:annualcreditreport.com.

To Order Your Free Annual Credit Report

Many other websites claim to offer “free credit reports,” “free credit scores,” or “free credit monitoring.” But, be careful. These sites are not part of the official annual free credit report program. And in some cases, the “free” product comes with strings attached. For example, some sites sign you up for a supposedly “free” service that converts to one you have to pay for after a trial period ends. If you don’t cancel during the trial period, you may be agreeing to let the company start charging fees to your credit card.

These sites often look like the official site at annualcreditreport.com. Some use terms like “free report” in their names; others have website names that purposely misspell annualcreditreport.com in the hope that you will mistype the name of the official site. Some of these “imposter” sites direct you to other sites that try to sell you something or collect your personal information.If you want to order your free annual credit report online, carefully type in the name: annualcreditreport.com, or go to the FTC’s website which has a link to it. Once you have filled out certain information at annualcreditreport.com, you will be directed to individual websites operated by the three nationwide consumer reporting companies. You may get offers to buy additional products or services while on the companies’ websites, such as credit scores or credit monitoring products, but you are not required to make a purchase to receive your free annual credit reports.

This does not have a fun commercial, or a snappy jingle, but you get the right information free as you are entitled.

Where is the news about the immigration rally?

Sunday, January 17th, 2010

I searched the internet today about the immigration rally in Cincinnati yesterday.  The only post I have found so far is by someone who attended to protest the rally.  However I did find several stories about the immigration rally in Phoenix.

The rally was well attended quiet and respectful, the way it should have been.  I am hoping for more coverage of the event and a raise in awareness of the situation of so many human beings here in Cincinnati.

For those who have questions regarding the effect of our current immigration laws and policy, or those who have a reasoned suggestion on what changes there should be to the system I look forward to hearing your points of view.

Getting cooked in the squat

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.

Where are our clients are from

Tuesday, January 5th, 2010

As we said in our about us portion of our site, we represent clients in the greater Cincinnati area for bankruptcy and clients from around the world for immigration.  Just for fun I made a list of places people have contacted us from over the last seven days.  I will update this listing from time to time.

ARIZONA, UNITED STATES
BEIJING, CHINA
BRITISH COLUMBIA, CANADA
CALIFORNIA, UNITED STATES
COLORADO, UNITED STATES
DISTRITO FEDERAL, ARGENTINA
ENGLAND, UNITED KINGDOM
FLORIDA, UNITED STATES
ILE-DE-FRANCE, FRANCE
ILLINOIS, UNITED STATES
MICHIGAN, UNITED STATES
MOSKVA, RUSSIAN FEDERATION
NEW JERSEY, UNITED STATES
NEW YORK, UNITED STATES
NOORD-HOLLAND, NETHERLANDS
OHIO, UNITED STATES
ONTARIO, CANADA
PENNSYLVANIA, UNITED STATES
RABAT-SALE, MOROCCO
STOCKHOLMS LAN, SWEDEN
TOKYO, JAPAN
VIRGINIA, UNITED STATES
WASHINGTON, UNITED STATES
WISCONSIN, UNITED STATES

USCIS Reported Dates Wrong

Monday, January 4th, 2010

Today I called USCIS for a client regarding why their case is taking longer than the reported processing time.  We are more than 30 days beyond the processing time.  I called and spoke to the customer service agent who agreed that the processing time was exceeded.  She then attempted to send an inquiry to the service center.   At this time she was not able to do so as the date that USCIS was actually working on was still prior to our filing.

In our case the service center was misreporting it’s processing times by more than 40%.  The truly frustrating part is that all USCIS has to do is reprint an approval notice and send it to the National Visa Center.  This process is now taking over 4 months.