Immigration laws are getting tighter and more restrictive so it is important to keep abreast of current Immigration Laws and Regulations. Immigration attorneys have been forced to find new and creative ways of achieving legal status for their clients. One of the few bright areas in Immigration Law is the recent legislation which helps victims. There are several immigration programs offered by the United States to assist those individuals who have been victimized by bad people while in the United States, or on their travel to the
United States.

If you have been the victim of crime in the United States, you might qualify for a “U” visa which would give legal immigration status to a victim who is assisting law enforcement or the District
Attorney’s office. There is a “T” visa for those individuals who have been the victim of human traffickers who treat their “clients” as human cargo instead of with the dignity of a human being. There is also a visa available for those women who were brought into the United States to perform in the sex trade industry. These are the three visas which are available to those who were the
victim of human traffickers or were the victim of a serious crime inside the United States. These visas are not that common, and require specific prerequisites to qualify. Consult your competent immigration attorney to determine if you may qualify for any of these visas.

The most common new visa is the Victim of Spousal Abuse visa which is filed with US CIS on form I-360. Many immigrants are confused about the visa and probably do not realize that they would qualify for a self-petition for immigrant visa based upon being a victim of spousal abuse. Some of the misunderstood information is that not only women qualify for the visa. Some men are ashamed to admit that they have been the victim of spousal abuse due to the stigma attached to the machismo of the male ego. Quite simply, men do not want to admit that a woman abused them. However, for those men who have brought their cases to US CIS, some have been rewarded with permanent residency. The point is that the woman who is a US citizen may wield more power in the relationship due to the immigration status which is held over the male’s head and used as a weapon to inflict abuses upon the immigrant. Finally, the United States government has recognized that this conduct needs to cease and that these victims need their immigration status protected, male or female.
Another common myth with the I-360 is that the victim needs to have suffered a terrible physical beating in order to qualify for the I-360. The myth goes that without a police report depicting a violent encounter between the spouses then there is no way to prove the alien qualifies for the I-360 is simply not the case. Many victims are filing their I-360 cases without a police report but along with affidavits of
witnesses; psychological reports; and photographic evidence. It is also true that immigrants can qualify for a spousal abuse visa based upon “extreme mental cruelty” which does not involve any physical
contact by the spouse but rather only emotional abuses. Some immigrants are told by novice attorneys that they do not qualify because “you do not have a police report.” These aliens need to seek legal counsel well versed in these new immigration laws.

What is required? Simply that the alien was married (or is still married) to a spouse who is (or was) a lawful permanent resident or a United States citizen and that spouse inflicted physical harm or extreme mental cruelty upon the alien spouse. There have been recent cases that state that an immigrant would qualify for an I-360 visa even if the abuse occurred before the couple was married and outside the
United States. This is a new area of law which is under review by the courts. Individuals also qualify for an I-130 visa whether an I-485 has been filed or not, and also whether the spouse has petitioned for the alien through an I-130 or not. Everyone qualifies as long as the couple was legally married, and the immigrant suffered some form of spousal abuse regardless of which petitions have been filed or not.

Reynold E. Finnegan has been an immigration attorney for 14 years. He is an active member of the State Bar of California as well as the American Immigration Lawyers Association. His office is located at 3660
Wilshire Blvd. , Suite 710, Los Angeles, CA 90010.

For consultations, please call at (213) 480-0292 or fax your inquiry to (213) 480-0805. You may also e-mail him at reyfinn@pacbell.net. An in-house Filipino staff is available to speak with you.

Calm before the storm

The first quarter of 2006 has been a roller coaster ride with regards to Immigration. Hopes have been built up as the US Senate proposed a comprehensive immigration bill that includes a guest worker program. Senators from both the Republican Party and Democratic Party held a joint news conference to celebrate the immigration agreement between the two parties only to have the agreement collapse the following day during political maneuvering the following day on the Senate floor. Hopes were dashed by that event and also fear was instigated because of anti – immigration bills that were proposed in the US House of Representatives, such as huge penalties for employers who hire illegal employees or criminalizing giving aid to an illegal immigrant; concurrently. Then the immigrants and their supporters took to the streets in cities across the entire country and pro -immigrant supporters are again emboldened.
The immigrant communities have also had their pulse raised with the annual opening of the popular H-1B category on April 1st, with lawyers /employers (racing) to make sure clients/employees have their petitions approved prior to the annual cap of 65,000 being reached which occurs quicker and quicker every year as the demand for this visa by company employers increases dramatically every year. Those who have not filed their H-1 applications are advised to proceed immediately with filing. The 65,000 numbers allocated will disappear fast.
Another interesting development in immigration was the reintroduction of the (American Dream Act) on April 7th by the US Congress. This current proposed law would in theory assist the children who have graduated high school; who have been in the United States for over five years; and who are now entering a university, college, or the military,
Truly, this first quarter is such an exciting and frustrating waiting game especially for those millions of illegal immigrants who are praying for a chance to be legalized in the United States.
As the guest worker frenzy temporarily calms down during the senate’s two week recess and before they reconvene on April 24, I am dedicating this article to some of immigration’s hottest updates in this year’s first quarter.
The
Guest Work Program
The Republican and the Democratic Senators have allowed their agreement on a comprehensive immigration bill to fall apart due to political maneuvering and mistrust. The public is demanding an answer to the immigration situation and they want the matter resolved in some way. The pressure is on Congress to do something on the immigration issue.
However, the question now remains – what next? Right now the US Senate is in the midst of a two week spring break from Washington D.C. When the Senate returns they are scheduled to begin work on passing a new budget law that will finance the US military and anti-terrorism efforts. After they finish this important bill; it is widely speculated (and hoped) that the US Senate will then take up the immigration bills in early May 2006. The consensus from everyone involved is that immigration is one of the important issues which the US Congress must address soon. However, there are some impediments which must be overcome to pass a comprehensive immigration law which will account for the 11 to 12 million illegal aliens present in the United States. First, the Senate compromise bill must be passed in the US Senate. This means that Republicans and Democrats must work together which is easier said then done in today’s climate of political partisanship existing on Capital Hill. Neither side trusts the other presently. Secondly, the House of Representatives which have been anti-immigrant recently must also agree to inclusion of the guest worker provision (or similar program) in the comprehensive immigration legislation. These are two giant hurdles but they can be overcome if the political will of the people remains strong on this issue. President Bush has repeatedly stated that he supports the guest worker provision but President Bush has not gotten involved in the negotiation itself regarding the details of the bill.
It is widely speculated that the Congress will have to pass any immigration law by the end of this summer because mid term elections are in November and immigration is such a dividing topic that certain Representatives refuse to touch the issue so close to an election. For this reason, it is advised that potential applicants keep one ear to the ground to listen for the rumblings of the coming of the new immigration law, but also to keep one eye open for current immigration avenues which still remain open.
H-1B Non-Immigrant Category Opened on April 1
The H-1B non-immigrant category is a classification that can be applied for foreign workers in (specialty occupations) and fashion models of (distinguished merit and ability).
Specialty occupations are occupations in the United States that require at least a Bachelor’s degree. Examples of these occupations that I was able to get approved are: Accountants, Teachers, Physical Therapists, Medical Researchers/Scientists, Engineers, Architects, Computer Programmers, Systems Analysts, Management Analysts, Market Research Analysts, Human Resource Managers and other occupations that are of (H-1B caliber).
Every year, H-1B numerical (Cap), which is the current law limit of foreign workers who may be issued an H-1B visa or otherwise provided H-1B status, is 65,000. An additional 20,000 for foreign workers with a master’s or higher degree from a US academic institution is also provided. H-1B application starts every April 1st of each year.
To date, there are already 1,555 H-1B applications filed and 76 applications approved. For those filing with an advance degree from a US academic institution, there are 331 filed and 9 approved.
Due to its limited number, the H-1B category historically fills up only in a few months! It is advisable that you seek a competent immigration attorney who would make sure that your H-1B application is filed before the H-1B cap is reached.
The (America Dream Act) (H.R.5131)
On Thursday, April 6, the bipartisan’American Dream Act (H.R. 5131) was introduced in the House by Representative Lincoln Diaz Balart’-FL), together with 12 original co-sponsors. The house bill is very similar to the Senate’s (Dream Act) version, which, along with the guest worker program, is also one of the bills that were attached to the comprehensive immigration reform bill that rose from the Senate Judiciary Committee on March 27.
Like the (Dream Act), the (American Dream Act), illegal immigrant students would be considered for legal permanent resident status on a conditional basis if they: 1) entered the US prior to the age of 16; 2) have lived in the US for five years by the date that the law is enacted; 3) have good moral character; 4) have no criminal record; 5) have attained a high school diploma or a GED in the US. The conditional status would be lifted at the end of six years if the student has either:1)graduated from an institution of higher education, or has completed two years of college in good standing, or 2) has served in the US military for two or more years.
Like the (Dream Act), the (American Dream Act), illegal immigrant students would be considered for legal permanent resident status on a conditional basis if they: 1) entered the US prior to the age of 16; 2) have lived in the US for five years by the date that the law is enacted; 3) have good moral character; 4) have no criminal record; 5) have attained a high school diploma or a GED in the US. The conditional status would be lifted at the end of six years if the student has either:1)graduated from an institution of higher education, or has completed two years of college in good standing, or 2) has served in the US military for two or more years.
Also similar to the (Dream Act), the (American Dream Act) would provide work authorization and would be protected from deportation for individuals 12 years or older so long as they are attending a U.S. K-12 school.
If either the (Dream Act) or the (American Dream Act) passes Congress and becomes a law, it would provide a path for illegal immigrant children who were brought to the US by their parents at an age when they were too young to understand the legality of their arrival, to obtain Permanent Residency and ultimately become US Citizens.
What can you do now? There are actions you can take in support of the House bill. You may call your representatives and ask them to support the (American Dream Act). The US Capitol Switchboard number is (202) 224-3121. You may also call or email me so we can give you more information in contacting the representatives that will play a major role in this act.
As we anticipate congress decision on the comprehensive immigration reform upon senate’s return on April 24, I hope this article provided you a bird’s eye view on what has been going on the latest in immigration within the first four months of 2006 and provided you additional information in evaluating your immigration options. For details of the above updates, consult with your experienced immigration attorney.
Reynold E. Finnegan has been an immigration attorney for 14 years. He is an active member of the State Bar of California as well as the American Immigration Lawyers Association. His office is located at 3660 Wilshire Blvd. , Suite 710, Los Angeles, CA 90010.

For consultations, please call at (213)480-0292 or fax your inquiry to
(213) 480-0805. You may also e-mail him at reyfinn@pacbell.net.
An in-house Filipino staff is available to speak with you.