US immigration has some pretty harsh rules when it comes to drug and alcohol use. Those who are seeking entry to the US, whether as a visitor or permanent immigrant, must meet strict guidelines for prior criminal drug history and prior drug or alcohol addiction. Even something as seemingly minor as taking one hit of marijuana could make an applicant inadmissible for a period of time. Those who are already inside the US can be deported for some of the same issues, and applicants for US citizenship can see the American dream dashed before their eyes if they have drug-related offenses or significant alcohol-related problems.

All foreign nationals are inadmissible to the United States if they have been convicted, or have admitted to the essential elements, of any drug-related offense. There are no waivers available for this type of inadmissibility, except in the very limited instance of one drug possession charge for less than 30 grams of pot. The inadmissibility is permanent and the applicant will never be able to get a green card. However, he or she may qualify for a non-immigrant waiver of the drug charge and be allowed to temporarily visit the US.

However, it’s not just those with drug convictions that must worry about admissibility to the United States. Those with alcohol or drug related issues in their background could also be deemed inadmissible. For intending immigrants (green card applicants), an immigration medical exam must be conducted prior to the green card interview. Those with alcohol-related incidents in their history, such as driving under the influence or domestic violence, could be flagged by medical staff for further psychological evaluation. If a mental health professional finds that the alcohol problems are ongoing and pose a danger to others, the applicant could very well be barred from immigrating to the US until such time as they are deemed rehabilitated. For applicants who find themselves in this situation, completed alcohol or drug rehab in one of the many licensed addiction treatment centers may be in order to show officials that they have been rehabilitated.

Unlike those with alcohol-related issues, who typically have some sort of dangerous behavior associated with the alcohol problem, people who have experimented with any illegal substance can be deemed inadmissible to the US for a period of time. Until recently, it was possible for doctors to cause the denial of green card applications of any person who admitted to illegal drug use in the three years prior to the medical exam. The period of inadmissibility would then run for three years from the date of last use. This practice, sanctioned by the US Centers for Disease Control, had been a lightening rod for immigration and addiction advocates and was deemed grossly unfair by the majority of immigration practitioners in the United States.

In a typical case, a green card applicant would attend his medical exam in Ciudad Juarez, Mexico (CDJ). During the exam, the medical officer would ask about prior drug use. Unaware of the potential pitfall in providing a truthful answer, the applicant would admit to having a hit off a joint the previous weekend.  Even though this applicant may have no criminal record, no history of drug or alcohol abuse, and really did have just one hit, he would find himself barred from entering the US for two years, eleven months and three weeks. Even those in addiction remission or recovery would be found to be inadmissible if he or she admitted to prior drug use within the previous three years.

CDC Revises Immigration Drug Abuse Policy

In a move that has been applauded by immigration advocates and addiction professionals, the US Centers for Disease Control and Prevention (CDC) recently lifted the immigration ban for some green card applications that have been found to have drug use issues.

Perhaps in response to the numerous complaints lodged by those applicants who found themselves caught by the bizarre “one toke and out for three years” rule, the CDC has revised its rules on drug use and reduced the “drug free” wait time from three years to one year.

Determining Remission in the Immigration Context

While remission from substance-related disorders had been deemed to be at least three years from the most recent drug use, doctors are now permitted by the CDC to find remission after only one year. This mirrors the one-year remission period defined in the APA’s Diagnostic and Statistical Manual of Mental Disorders (DSM). The DSM defines remission as a period of at least 12 months during which no drug use has occurred. In order to determine if there has been sustained remission, doctors are urged to examine evidence regarding the applicant’s participation in a drug treatment program. For those who were found to be inadmissible due to an alcohol-related DUI, doctors can find remission based on as assessment of harmful behavior associated with alcohol use.

Alcohol Abuse in the Immigration Context

Whether applying for a green card or a non-immigrant visa, immigration applicants who have a history of alcohol-related incidents, such as DUI (driving under the influence) will likely find themselves referred to medical professionals to determine if there is evidence of alcohol dependence. Consular officials will refer applicants who have one alcohol-related incident within the preceding five years, two or more alcohol-related incidents within the preceding 10 years, or if there is any other reason for the consular office to believe that there could be an alcohol problem.

Alcohol and Drug Use and Non-immigrants

While the CDC rules ostensibly apply to both immigrants and non-immigrants, most non-immigrants do not undergo immigration medical exams unless consular officers discover a potential problem in the applicant’s background. Thus, there is no opportunity for a doctor to question him or her about recent drug use. Non-immigrants with alcohol-related criminal issues, however, such as driving under the influence or domestic violence, could very well find themselves referred for medical and psychological examination prior to being allowed to visit the United States.

Article Disclaimer

As we all know, Arizona recently passed a bill that would make it harder to be an undocumented person in that state. The debate as to the morality and, more importantly, constitutionality of the bill has been raging. However, no matter what you may think about the SB 1070, you have to admit that protection of our border needs improvement — the passage of illegal drugs, criminals, and terrorists into the US poses a direct threat to the security of our nation. There is a multi-billion dollar drug industry that makes illicit drugs (cocaine, meth, etc.) in Central and South America and supplies them to dealer networks near our homes, offices and schools.

Although it remains to be seen wether Arizona’s law will ultimately stand, it has been effective at causing lawmakers to act.  President Obama recently signed into law a bill that will add approximately $600 million to the border enforcement budget. The bill proposes to add about 1,500 new border agents and purchase aerials drones for surveillance.

During debate on the bills, however, a contentious issue was were the additional $600 million would come from. Republicans had their eye on stimulus money. Democrats, on the other hand, sought to impose an additional tax on companies who benefit from importing foreign labor – perhaps as much as $2000 per application.

I’ve been getting calls and emails recently from people who were lucky enough to win the US Department of State (DOS) green card lottery. However, once you win the DV 2011 visa lottery what comes next?

What is DV 2011 Visa Lottery?

The DV visa lottery, which is officially known as the diversity visa lottery, awards permanent residency (green cards) to approximately 50,000 lucky people from countries with low US immigration rates. After five years of permanent residency, those people may then apply for US citizenship via the naturalization process. The lottery winners for the DV 2011 program submitted lottery entries in the fall of 2009, where selected in the Spring of 2010, and may be allowed to apply for a green card some time between October 1, 2010 and September 30, 2011.

DV 2011 Visa Lottery Numbers

In the fall of 2009, approximately 12 million people worldwide applied for the 50,000 green cards available for the DV 2011 visa lottery program. Thus, there was less than a .5% chance of winning the DV 2011 Visa Lottery.  Although there are few requirements for obtaining a green card under the diversity visa program, the requirements that do exist are very strict. As such, organizers of the lottery choose approximately 100,000 people from the pool of 12 million to ensure that all 50,000 green cards in the program will be used. Each of those 100,000 people are assigned a number and sent a letter inviting them to apply; the first 50,000 people to interview and qualify will be issued a green card. Interviews will be scheduled based on lottery number. Of the remaining unlucky 50,000, some will apply and be rejected; those with numbers outside the interview range will miss the opportunity to apply before the green cards run out.

DV 2011 Visa Lottery Process

The diversity visa lottery program is sometimes difficult to understand as the dates are based on the last date in the fiscal year (October – September), rather than calendar year. Thus, green cards in the 2011 program are actually distributed between October 2010 and September 2011. Entries were made in the fall of 2009. Winning entries were picked in the Spring of 2010, and winners were notified between May 2010 and July 2010.

All DV 2011 visa lottery winners can interview at a US embassy or consulate abroad once their interview number is called.  However, some winners who are legally in the US can apply for adjustment of status to obtain the green card without leaving the United States. Whether one will be permitted to adjust status and, more importantly, whether one should apply to adjust status, is something that should be discussed with the immigration attorney prior to submitting an application.

Although it is always a good idea to hire a qualified immigration lawyer to handle a US immigration case, it is absolutely essential to do so when you win the DV visa lottery. Because all  processing must be completed by September 2011, errors or omissions in the initial application package can actually mean the end of your green card dreams. Since not everyone will be permitted to apply right when the window opens in October 2010, and interview slots are assigned according to DV number, some applicant numbers won’t be called until late summer of 2011, if at all. Applicants shouldn’t expect government officials to take pity on them and expedite their case or overlook errors simply because it must be completed by the end of September.  Hiring an attorney once you learn you’ve won can help minimize the chances that you’ll miss the deadline for qualifying for a green card.

Eric Balderas, age 19, was recently arrested by ICE (US Immigration & Customs Enforcement) for being in the US illegally. While the arrest of another undocumented immigrant may not be unusually newsworthy, the fact that Balderas is currently a sophomore at Harvard University makes it so. Balderas, a Mexican citizen, was facing deportation before US Senator Richard Durbin of IL, intervened on his behalf.

Balderas was taken into custody on June 7 in San Antonio, as he was boarding a plane back to school in Boston after visiting his mother.

Balderas’s story is another tough one concerning very young children who are either smuggled into the US or are kept here after their authorized period of stay runs out. After years of being raised in the US, sometimes even being told that they were born here and are US citizens, they are often shocked when forced to return home to a place that they don’t remember or understand. In Balderas’s case, he was brought to the US from Mexico when he was just four. His parents kept him here and he eventually graduated from a San Antonio area high school as valedictorian.

According to ICE, Balderas has been granted deferred action, which federal immigration officials have the discretion to use to delay execution of deportation. It is unclear how long the deferment will last for. Under deferred action, a foreign national is permitted to stay in the US, get a work permit and, like in Balderas’s case, stay in school. Deferred action is also renewable.

ICE has a history of granting deferred action where college students are facing deportation.

In 2001, Senator Durbin cosponsored the Dream Act, a law that would enable young immigrants like Balderas to apply for a green card. The legislation is still pending.

http://www.boston.com/news/local/massachusetts/articles/2010/06/19/harvard_student_wont_face_deportation/

President Obama is currently considering another round of fee hikes for green card adjustment of status cases and some non-immigrant visas. Fees were last increased on the summer of 2007; new fees are due to go into effect later this year.

Green Card Adjustment of Status Fees

Certain foreign nationals who are present in the United States are permitted to remain in the US while going through the green card process; the more formal procedure is for the foreign national to apply for a green card at a US embassy or consulate abroad. Applicants who are allowed to adjust status already pay a premium for the privilege. Adjustment of status is handled by the US Citizenship & Immigration Services (USCIS) arm of the US Department of Homeland Security (DHS). The current fee for adjustment of status is $1010 — this is in addition to any fees related to the actual visa petition. For instance, a spousal green card petition costs $355, with the additional $1010 paid if the foreign spouse applies for the green card in the US.  If the spouse were to apply abroad through the US State Department, the green card application would only be around $500 more. The adjustment of status fee is scheduled to increase to $1070.

Fiance Visa Adjustment of Status Fees

For a fiance visa, the fees to get the foreign national into the US are approximately $600, with the $1010 adjustment of status fee paid after the couple has married and is applying for a green card. As with regular green card adjustment of status applications, the adjustment of status application filed in conjunction with a fiance visa will also increase to $1070.

Adjustment of Status fee increase needed due to revenue shortfall

Criticism of the adjustment of status fee increase comes amidst complaints that Obama has not fulfilled his campaign promise related to a complete overhaul of the US immigration system. USCIS claims that the increase is needed because the agency spends approximately $2.3 billion on processing immigration petitions and immigration applications but expects to collect only $2.1 billion in revenue this fiscal year. Unfortunately, the proposed fee increases will only cover some of the shortfall – USCIS is requesting almost $250 million in backup funding from Congress, in additional to money for military naturalization programs.

The US Citizenship and Immigration services (USCIS) recently announced that the US permanent resident green card will be redesigned to incorporate new security features. The green card redesign is necessary to deter immigration fraud.

Green Card to become state of the art

The new green card will use state of the art technology to prevent counterfeiting, obstruct tampering and facilitate quick and accurate authentication. Beginning in early May, all newly issued and replacement green cards will be in the new, more secure, format.

US immigration officials hope that the new security features on the green card will help law enforcement, employers and immigrants who use the green card as proof of authorization to live and work in the US. The new design includes a secure optical media to store biometrics for rapid and reliable identification of the card holder; holographic images, laser engraved fingerprints, and high-resolution micro-images to make the green card almost impossible to forge. Further, tighter integration of the card design with personalized elements make it difficult to alter the actual card if stolen.

Green Card to be outfitted with RFID

Immigration officials have also incorporated Radio Frequency Identification (RFID) capability, which will allow Customs and Border Protection (CBP) officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.

Green Card will become…a GREEN CARD!

The United States permanent resident card is called a “green card” because it used to be green. US immigration officials are returning the card to it’s original color for easy recognition.

Senator John McCain and Senator Jon Kyl of Arizona have introduced a new immigration reform bill, the Border Security Enforcement Act of 2010. This latest attempt at immigration reform, focused on the Arizona border, includes the following provisions:

Immigration Reform for Physical Border Protection in Tuscon, AZ & Yuma, AZ

• Allows the Governor of Arizona, with consent from the Secretary of Defense, to use three thousand National Guard troops to the Tuscon/Yuma border. The immigration reform bill also allows these troops to remain in place until the Arizona Governor certifies that “operational control” has been successfully obtained at the border.
• The Secretary of the Department of Homeland Security is directed to hire three thousand additional Border Patrol agents to be stationed at the Tuscon/Yuma border by 2015 and can extend hardship pay to CBP agents stationed in high-traffic, rural areas.
• Provides for budget to implement Operation Streamline at Tucson/Yuma border through 2020 and to reimburse State, local and tribal law enforcement for detention costs.
• Provides for $100 million per year through 2020 for FEMA for Operation Stonegarden. Ninety percent of funds have to go to states bordering Mexico for grants and reimbursement to law enforcement agencies.
• DHS must construct stations along the Tuscon border to gain full operational control. Also requires DHS to analyze feasibility of creating additional stations to target drug trafficking.
• Provides for six more CBP operating bases and upgrading existing operating bases.
• DHS Secretary must complete permanent checkpoint in Tubac, AZ and deploy temporary roving checkpoints at the Tuscon/Yuma border.
• Mandates construction of double and triple layer fence along Tucson/Yuma border by 12/31/11.
• Provides for increased mobile surveillance along Tucson/Yuma border ($50 million) for unmanned aerial vehicles, fixed-winged aircraft, helicopters, and horse patrols.

Immigration Reform for Communication Systems

• SW border emergency communications grants – gives $3 million for a two year grant program for State of Arizona to improve emergency communications along Tucson/Yuma border. To be eligible, an individual must reside or work near the border and be at greater risk of border violence due to lack of cell service and proximity to the border. The grants are meant to be used to buy satellite phones with GPS and 911 capabilities.
• Provides $35 million for the Department of Justice (DOJ) to buy radios for Federal law enforcement agents working in Arizona for CBP, ICE, DEA and ATF. Also provides for upgrading the DOJ communications network to ensure coverage and capacity.
• Provides $35 million for the Department of Justice (DOJ) to buy radios for State and local law enforcement working in Santa Cruz, Pima, Cochise, Yuma, Pinal, Maricopa or Graham Country in Arizona and gives access to DHS or DOJ spectrums

Finances for State and Local Governments for Immigration Reform

• Attorney General must reimburse state and local governments for incarceration of aliens convicted of criminal activity while unlawfully present through 2020
• Provides for $50 million per year for ten years for the Attorney General to reimburse state and local governments for prosecution and pre-trial detention of federally initiated criminal cases declined by US attorney local offices.

The immigration reform bill would also give US District Court for District of Arizona funds for one full-time magistrate judge to hear all cases in Cochise County.

The Border Security Enforcement Act of 2010 has been referred to the Committee on Homeland Security and Government Affairs.

It used to be that foreign nationals who entered on the Visa Waiver Program (VWP) could safely marry a United States citizen and apply for a green card through marriage via the adjustment of status process, even if the period of authorized stay had expired. Being able to get a green card through adjustment of status, instead of having to travel to their home countries, had many benefits for these applicants. First, most of the applicants who were out of status would have triggered a three or ten year overstay bar the moment they left the US. In order to get their visa approved at the foreign embassy or consulate, they would have had to get a hardship waiver. Additionally, because the entire adjustment of status process is handled within the United States, applicants are permitted to stay and work while they are waiting for the green card to be approved. Green card applicants who apply abroad are typically not allowed to travel to the US during the process, let alone work in the US.

This ability of visa waiver participants who had overstayed their authorized stay to successfully adjust status in the US showed leniency on the part of immigration officials. First, the adjustment of status process is discretionary; that means that USCIS officers have broad discretion in deciding whether or not to deny an AOS application and make the applicant return home. Attempting to adjust status after entering the US as a non-immigrant is, in itself, frowned upon in certain circumstances. Second, VWP visitors give up their rights to appear before an immigration judge and can be removed expeditiously (i.e. on the next flight out) if the officer so wishes (and ICE concurs).

Adjustment of Status for VWP participants

There is a trend in many local USCIS offices to no longer be so lenient with adjustment applicants who have overstayed the visa waiver program (VWP). Roughly half of US immigration offices have begun denying these cases and deporting the applicant. Further, the 9th and 3rd US Court of Appeals have held that only those VWP applicants who file adjustment of status applications prior to the expiration date of their authorized stay are not immediately deportable at the discretion of immigration officials.

If you entered the United States on the visa waiver program (VWP) and are thinking about filing an adjustment of status application, you are strongly encouraged to contact in immigration attorney before filing any paperwork with USCIS. It may very well mean the difference between an easy green card application process and a deportation.

Source: http://www.nytimes.com/2010/05/15/nyregion/15visa.html?pagewanted=2&sq=Daniel&scp=1

Over the past week millions of travelers have been stranded, both within Europe and abroad, due to a massive volcanic eruption. The glacier-covered Eyjafjallajokull volcano in Iceland has been spewing molten lava and toxic volcanic ash into the air with no end in sight.

The volcanic eruption in Iceland has wreaked havoc on international travel, grounding planes that might encounter the ash cloud during flight. Not only does smoke and ash reduce visibility, but microscopic particles could melt in the heat of the planes’ turbine engines, causing them to shut down.

While the primary focus of stranded passengers is likely where they will sleep until they can find a way home, at least some volcano refugees are questioning what effect their inability to leave the US will have on future US immigration status.

Visitors to the US, either on a visa or through the Visa Waiver Program (VWP), are typically given a deadline by which they must leave the US. This “authorized stay” expiration date is noted on the visitor’s I-94 card (I-94W for VWP visitors) and cannot usually be extended without prior application. So, what happens when a foreign national is unable to fly back to his or her home country because airlines have canceled air travel?

US Customs and Border Patrol (CBP), a division of the US Department of Homeland Security (DHS), has issued a Travel Advisory concerning the Icelandic volcano. If visitors to the US are stranded here because of airport closures in Europe arising from the Icelandic volcano, and are about to exceed their authorized stay because of it, they may be able to avoid incurring a penalty for staying past their period of authorized stay.

If the visitor entered via the VWP, and is at the airport but unable to depart timely, he or she should contact CBP at the airport or contact the US Citizenship and Immigration Services office (USCIS). If the visitor entered under a visa, he or she should contact the nearest USCIS office for information on how to extend the authorized stay.

The US Department of Homeland Security (DHS) has been ordered by a US federal court in Colorado to process the green card application of an Iraqi artist. Government prosecutors claim that Sami Alkarim, an Iraqi refugee, is under investigation for possible terrorist ties. Officials refused to grant his green card application because he worked as a messenger for a political party during his teen years. The government had previously given no indication when, or if, his application would be adjudicated.

Alkarim came to the US as a refugee in early 2001, even before 9/11. He was imprisoned by Saddam because his abstract paintings were considered to be subversive. Even though he lives in the US and his family have gotten citizenship, he can’t work or travel. He has had to turn down opportunities to show his art in Europe.

The ruling will likely enable other immigration attorneys to file for green card applicants who have similar claims. There are currently 7,000 refugees who have been unable to settle their legal status because US immigration officials have deemed them terrorists, even though many have helped the US in Afghanistan or were tortured by Saddam, like Alkarim.

Immigration Attorney fears retribution and green card denial

The Obama administration’s interpretation of the USA Patriot Act allows refugees and asylum applicants to be barred from living in the US if they supported or were members of armed groups. DHS must rule on Alkarim’s green card application within the next 30 days. Alkarim’s immigration attorney fears that, because of the ruling, DHS will now deny his green card or even revoke his refugee status.

As indicated by the 7,000 people currently in limbo over findings of possible terrorist connections, how to handle applications for people from the middle east has not been resolved. Congress has authorized DHS to grant waivers in certain cases; government officials claim that twelve thousand waivers have already been granted.

Source