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.

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.

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In honor of St. Patrick’s Day, I write about a South Dakota priest from Ireland who recently got his green card.

Father Cathal Gallagher arrived in America in 1996 to work as a chaplain in Minnesota. He moved to Sioux Falls and remained there for ten years.

South Dakota Green Card Application

While in South Dakota, Gallagher applied for a green card but, like many immigrants, experienced trouble due to the 9/11 attacks. Fearing that he would not be able to return to the US to finish the green card process, Gallager refrained from traveling home to Ireland for vacations.

In 2008, Gallagher’s green card case hit a snag and he was placed deportation proceedings. Citizens and Congressmen intervened on his behalf and he eventually got his green card.

Returns to Ireland with Green Card in Hand

After obtaining his green card, Gallagher was able to return to Ireland after 11 years abroad. He found that, although much had changed in Ireland, the Irish people remained the same. Back in South Dakota, Gallagher has brought the St. Patrick’s Day tradition to the citizens of Huron by celebrating a special mass and participating in a dinner and fundraising events.

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Being a US immigration lawyer is a little like being a therapist. Each day, I listen to people’s immigration stories and offer advice, empathy and words of encouragement. Sometimes, however, I also have to offer a dose of reality.

Many immigration clients think that their story is unique, that they are experiencing unusual hardship and that they are entitled to “special” treatment by the government. This is especially true of US citizens who are sponsoring a loved one for a green card; it is hard to explain to a US taxpayer why her government is keeping her family separated.

The reality is, however, that not every situation is special, unique or particularly hard — at least with regard to immigration law. Most people pay exorbitant fees (for example, the filing fee for an adjustment of status green card case is over $1500), wait in ridiculously long virtual lines (a spousal green card case can take over a year) and have very little recourse if a case is denied (especially abroad).

A US immigration lawyer will field immigration expedite requests routinely. Each lawyer must come up with a policy to handle expedite requests, as repeatedly asking for preferential treatment will eventually cause a lawyer’s future requests to receive little consideration by immigration officials (a la the “little boy who cried wolf”). That is not to say, however, that requesting expedited processing is inappropriate in every case. Life-threatening or serious medical conditions, backed by hard evidence, may eventually push a case to the front of the line. I say eventually because response times for expedite requests are unpredictable.

USCIS has recently issued guidance for expedited cases which a US immigration lawyer or pro per applicant may find useful. First, all expedite requests are decided on a case-by-case basis and the Director has the final say on whether an expedite request will be granted. To qualify for an expedite, the person must prove severe financial loss to company or individual; extreme emergent situation; humanitarian situation; nonprofit status of requesting organization in furtherance of the cultural and social interests of the US; Defense Dept. or national interest situation; USCIS error or a compelling interest of USCIS.

The CDC has announced that female applicants for US green cards and immigrant visas will no longer be required to get the HPV vaccine, beginning December 14, 2009. The human papillomavirus vaccine will not longer be on the immunization list for legal permanent resident applicants. The HPV vaccine was added to the list of required vaccinations for LPR applicants in the summer of 2008. However, advocates protested the decision, given that the vaccine was not required for US Citizens and complained about the high cost of the vaccine. The CDC has also removed the Zoster vaccine from the list of vaccinations required for green card applicants 60 and over.

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Foreign nationals who wait patiently, sometimes for several years, for a US green card to become available to them would probably not believe that some aliens do not complete the green card application process when one is readily available. But it does happen. These eligible aliens often are already in the US and put off the green card application process due to financial difficulties, scheduling issues, or just plain old procrastination. However, if the foreign national is in the US without legal status, failing to get the green card in a timely manner can have devastating consequences.

In San Francisco, California a french sidewalk vendor was recently arrested by immigration officials and is in jail. He will likely be deported back to France, without even being allowed to plead his case before an immigration judge. Murat Celebi-Ariner, a French national, entered the US on the 90 day visa waiver program and never left. He married a US citizen, but never applied for the green card to which he may have been entitled. He has been in the US illegally ever since his 90 day visa period expired. ICE officials recently picked him up and, since he is out of status, can hold him pending deportation back to France. Because he entered under the visa waiver program, he has waived his right to go before an immigration judge. Thus, he will not be afforded the chance to adjust his status via his US citizen wife, as many aliens in proceedings are permitted to do.

Should Celebi-Ariner have applied for his green card as soon as he was eligible? Probably. However, visa waiver program participants do run the risk of being deported during the adjustment of status process if they file the application after their 90 day stay has expired. Immigration officials have the right to send them home, without the benefit of a deportation hearing, if they were out of status when they applied.  Although this is not currently common practice among USCIS district offices, adjustment of status applicants who entered on the visa waiver program need to be aware of the risks associated with both applying for a green card, and failing to apply for one.

If you would like more information on applying for a green card, please contact us for a free immigration consultation today!

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Shyne, a rap star who used to be on P. Diddy’s Bad Boy label, was recently released from prison after 9 years. Shyne was convicted of an assault and weapons charge after his involvment in the P.Diddy/ Jennifer Lopez shooting at Club New York in Manhattan.

However, upon release from prison, the 30-year old native of Belize was picked up by immigration officials.  Although he has a green card, he faces deportation as he know has a felony assault and weapons charge on his record.

Shyne, whose real name is Jamal Barrow, is the son of the Prime Minister of Belize, Dean Barrow.

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Once in a while I come across a potential client who has gone past the point of no return. Because he or she did not know the practical rules of United States immigration early on, they have gotten themselves in a situation which may result in their being deported an/or barred from entering America. Sometimes an immigration lawyer can help…but not every time.

Below is list of ten things I wish every foreign national knew about US immigration.

1. Expiration Dates - The expiration date on your I-94 (or I-94W) trumps the expiration date of your visa. Thus, if you stay past the I-94 expiration, but not the visa expiration date (or the 90 days of a visa waiver), you have overstayed your authorized period of stay in the United States.
2. Overstays -Overstaying your authorized period of stay could get you banned from reentering the US for either 3 or 10 years, depending on the length of the overstay. If you have overstayed, but have not left the US yet, contact an immigration attorney before you leave.
3. Permanent Bar “9C” – overstaying for more than a year and then re-entering without inspection (EWI) will get you permanently barred from reentering the US. You will also incur the dreaded “9C” bar if you are deported and then re-enter without inspection. You are not permitted to file a waiver for this bar for 10 years.
4. Drug Use – if you admit to drug use that is more recent than three years ago at a medical exam, you could be found inadmissible to the US for three years from the date of last drug use.
5. Selective Service- all males residing in the US, legal or not, between the ages of 18 and 25 must register for the draft. The only exception is where the male is here in valid, non-immigrant status, such as on a student visa. Failure to register before the 26th birthday can have adverse consequences when he applies for citizenship through naturalization.
6. Criminal Convictions- criminal defense attorneys sometimes do not take the client’s immigration status into account when advising how to resolve a criminal matter. Certain convictions will get a defendant deported and/or found to be inadmissible. Sadly, sometimes this situation could have been avoided by pleading to a different type of charge.
7. Voting – only US citizens are permitted to vote in federal elections. Thus, voting in a federal election when you are not a citizen could prevent you from becoming one eventually.
8. False Claim to US Citizenship- someone who claims to be a US Citizen in order to receive a government benefit (and the definition of this is very broad) could be permanently barred from entering the US. There is no waiver available for this bar.
9. Spouses of US Citizens- it is a myth that a spouse of a US citizen automatically has the right to live and work in the US. Although they do enjoy preferential treatment in some stages of immigration, the husband or wife of a United States citizen can be found inadmissible and be barred just like anyone else. An immigration lawyer can help identify problematic portions of a foreign national spouse’s background.
10. US Immigration is Watching You! – no, not really. BUT, when applying for immigration benefits, be honest. If there is a way for the US government to find information about you, assume that they will. If an immigration attorney suggests that you lie, find a new one! Even a little white lie can lead to charges of misrepresentation later on.

Immigration to America from Ireland, and specifically Irish immigration to Boston, has seen a steady increase over the past year due to the downturn in the Irish economy. Some Irish immigrants who flocked back to Dublin during the recent economic boom there are now regretting their decision to leave the US. Those who had become US citizens prior to moving back to Ireland, or who were able to maintain permanent resident status while there, are able to return to America with relative ease. However, immigration for those Irish who failed to maintain LPR status, or who never gained legal status to begin with, face obstacles imposed by US immigration authorities.

Many green card holders or US citizens from Ireland entered the US on one of 40,000 visas given to Irish immigrants under a 1990 Irish immigration program. Since 9/11, immigration laws and immigration enforcement for all nationalities has gotten stricter, resulting in fewer Irish immigrants to Boston than during previous periods of economic downturn in Ireland. Boston immigration attorneys and lawyers have seen an increase in the number of young Irish immigrants.

USCIS reports that lawful permanent resident (LPR) green card applicants might experience delays of up to 8 weeks in the delivery of their plastic permanent resident card green card. USCIS is upgrading their card production equipment.  US immigration field offices can issue temporary evidence of permanent residence (LPR) by stamping an applicant’s passport with the I-551 stamp if the applicant has been approved for permanent residence at the time of interview. Therefore, all green card applicants should bring a passport with them at the time of the interview.  Applicants whose adjustment of status cases are approved after the interview should schedule an Infopass appointment at the local USCIS office to get the I-551 stamp in their passport.