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Oklahoma's Crackdown On Illegal Immigration

The Dallas Morning News today has a very interesting story about Oklahoma's tough anti-illegal-immigrant laws, and how those laws may provide templates for other states to follow. The article also notes several downsides of the tough laws, and emphasizes that while such laws might work in Oklahoma, a state with an estimated 7% Hispanic population, the situation would be much different in Texas, with an estimated 36% Hispanic population. Here are excerpts:

Welcome to the nation's laboratory for a crackdown on illegal immigration. Last year, Oklahoma's Legislature passed, by huge margins, the nation's toughest law on illegal immigrants, making it a felony to harbor, transport, shelter or conceal undocumented immigrants.

This summer, the same law also will allow U.S. citizens to sue employers if they think they were fired in favor of illegal workers. Employers in the state say they already see the results: "A total lack of workers," said Doug Forrest, a Tulsa site-preparation contractor and golf course builder. "This is potentially sending our state into a recession."

Proponents of the law don't see such economic harm.

Meanwhile, some Texas lawmakers are already promising bills that mirror Oklahoma's House Bill 1804.

State Rep. Leo Berman, R-Tyler, said the Oklahoma measure has proved that even as Congress deadlocks on immigration, a state can protect itself against what he calls threats to public health and safety posed by a porous border.

"You don't have to round up 20 million illegal aliens," Mr. Berman said. "Stop the two free benefits you're giving them – free health care and a free education – and they'll go back across the Rio Grande."

In December, Oklahoma Treasurer Scott Meacham said "some short-run pain" to that state's economy might occur, if reports of temporary labor shortages in construction, agriculture and oilfield services industries proved severe and long-lasting.

The U.S. Chamber of Commerce and several Oklahoma business groups recently sued to overturn the law, saying it improperly steps on federal government turf.

Only one group has tried to track the law's effects on population. The Greater Tulsa Hispanic Chamber of Commerce, after checking with schools, churches, and bus lines with service to Mexico, estimated that between 15,000 and 25,000 illegal immigrants have left Tulsa County since the law was passed.

Several Christian denominations have said they'll continue to urge parishioners to aid strangers, even though the law threatens those who transport or shelter "aliens" with at least one year in prison and/or at least a $1,000 fine.

In November, messengers to the annual meeting of the Baptist General Convention of Oklahoma passed a resolution saying the law "will not change their ministry to any people," according to the Southern Baptist group's Web site.

Last year, the Oklahoma Legislature passed a law that:

•Restricts illegal immigrants' access to driver's licenses and ID cards.

•Cuts off several forms of public assistance for illegal immigrants. Emergency medical care, disaster aid and certain immunizations are exempted.

•Makes it harder for illegal immigrants to pay in-state college tuition.

•Encourages state and local law enforcement to enforce federal immigration law.

•Makes it a felony to harbor, transport, conceal or shelter illegal immigrants.

•Requires state and local governments to use a federal database that allows them to check potential employees' work eligibility.

•Starting this summer, private employers and government contractors will have to verify employment eligibility of all new hires. Employers who don't could be sued.

This year, Oklahoma lawmakers are considering bills that would:

•Designate English as the state's official language.

•Let law enforcement seize the property of those who transport, hire or rent to illegal immigrants.

•Make public schools report how many illegal-immigrant children are enrolled.

•Repeal last year's law.

•Repeal all of last year's law, except for its ban on most public benefits.

O Visa - Extraordinary Abilities In Sciences, Arts, Education, Business, Or Athletics

The O visa is a temporary visa designed for foreign nationals with extraordinary ability in the sciences, arts, education, business, athletics, or motion picture or television production, which has been demonstrated by sustained national and international achievements. The O visa allows these individuals to come to the United States to work for a U.S. employer in their areas of expertise.

To qualify for an O visa in "science, education, business or athletics," the foreign national must be one of the small percentage who have risen to the top of his or her field. Documentation may include three of the following:

• receipts of national or international awards in their field such as the Nobel Prize or other distinguished award;
• membership in organizations that require outstanding achievement;
• published materials about the foreign national;
• original scientific work of major significance in foreign national’s field;
• evidence that the foreign national has been employed in a critical or essential capacity at an organization that has a distinguished reputation;
• evidence that the foreign national has commanded or will command a high salary
• letters of recommendation from experts in the field.

The U.S. employer will file a petition with the Citizenship & Immigration Services along with evidence illustrating the foreign national’s extraordinary ability. Once the petition is approved, the foreign national may obtain the O visa at the U.S. consulate or embassy in their country of residence. Spouses and unmarried minor children may accompany the O visa holder but are unable to work in the United States. Since the O visa is temporary, it is issued initially for three years and may be extended in one year increments. The O visa allows the individual to apply for permanent residency.

If you meet the extraordinary ability requirements outlined above, please contact us at 214-999-9999.

March Visa Bulletin Is Still Bad News For Indians

The March 2008 Visa Bulletin is available at the State Department, but still shows no availability of visas for employment-based second-preference for citizens of India. 

Rules Eased To Expedite Green Card Applications

The Citizenship and Immigration Services has come up with a means of expediting certain green card applications. While it makes good sense to me, many people are objecting to the new procedure based on national security concerns. In a nutshell, CIS is proposing to approve applications if they have been pending more than six months and are awaiting only the FBI background check. The reason for the change is that some FBI checks are taking literally years to complete. Here are excerpts from an article about this in the New York Times:

Searching for ways to reduce a huge backlog of visa applications, immigration authorities have eased requirements for background checks by the F.B.I. of immigrants seeking to become permanent United States residents, federal officials said Monday.

If an immigrant’s application for a residence visa has been in the system for more than six months and the only missing piece is a name check by the F.B.I., immigration officers will now be allowed to approve the application, according to a memorandum posted Monday on the Web site of the federal Citizenship and Immigration Services agency.

The memorandum states that “in the unlikely event” that the F.B.I. name check turns up negative information about an immigrant after a residence visa has been granted, the authorities can cancel the visa and begin deportation proceedings.

Under the new policy, which was first reported by the McClatchy news service, immigrants applying for the permanent visas, which are known as green cards, will still be required to complete two other security checks: an F.B.I. criminal fingerprint check and a search in a federal criminal and anti-terrorist database known as Interagency Border Inspection Services.

The policy is intended to speed processing for tens of thousands of immigrants with no criminal records who are living in the United States and have been waiting for years for green cards because their names turned up matches in the F.B.I’s records. Often an immigrant’s name hits a match, immigration lawyers said, because the F.B.I. files include a vast range of names, including those of people mentioned in criminal investigations, even if they had no role in a crime. F.B.I. agents must investigate each name match by manual searches of voluminous records.

Some critics said the agency would be cutting security corners and bending federal law.

“They are knowingly granting a benefit to a person who may be a national security threat or a serious criminal,” said Rosemary Jenks, director of government relations for NumbersUSA, an organization that favors reduced immigration.

“These are people who are asking permission to stay in this country permanently,” Ms. Jenks said, “and we have a right to make sure we know who they are. If it takes a few extra months, so be it.”

Dallas County Sheriff Candidates Have Immigration Plans

As another result of the federal government's refusal to take any action regrading immigration reform, more and more local jurisdictions are attempting their own solutions -- usually with poor results and unintended consequences.

The Dallas Morning News reports today that Republican candidates for County Sheriff are incorporating strict immigration enforcement policies into their campaigns, while Democratic candidates are mostly silent on the issue. Here are excerpts:

Sheriff's hopefuls want jail to check for illegal immigrants Dallas County: Most from GOP say jail could detect suspects who are in country illegally

The Dallas County Sheriff's Department isn't doing enough to identify illegal immigrants in the jail, according to some Republican candidates for sheriff.

Illegal immigration, a hot topic locally and nationally, has become an issue in the race for sheriff. Several candidates are addressing it in their campaigns. One of them, Mesquite police Lt. Charlie Richmond, has made it his top issue.

He and fellow Republican candidates Catherine Smit and Jim Bowles say they would apply for special training from U.S. Immigration and Customs Enforcement that would allow jailers to question inmates about their immigration status and detain them for federal authorities.

But former Irving Police Chief Lowell Cannaday said he would prefer to use a model used in Irving in which jailers call ICE at all hours of the day when they suspect an inmate is in the country illegally.

Most of the Democrats in the race don't support such measures.

Sheriff Lupe Valdez, who is running for re-election, says she has no plans to change the current arrangement in which a couple of ICE agents periodically visit the Lew Sterrett Justice Center to question inmates.

All of the Democratic candidates for sheriff except for Lancaster school Police Chief Sam Allen agree that the department is doing all it can and that immigration enforcement is a job best left to the federal government.

When ICE agents determine an inmate is a noncitizen who is deportable, they place a hold or detainer on him so he can be turned over to federal authorities once his local criminal charges are resolved.

That means the inmates must sit in the jail until ICE can pick them up. Between 180 and 230 Dallas County prisoners are released to ICE's custody every month, said Ron Stretcher, the county's criminal justice director.

He said he has not studied the impact of the detainers on the jails' population but that he plans to do so.

"Anytime you place holds or detainers, it's critical that we get a quick response," Mr. Stretcher said, referring to ICE's ability to take custody of inmates.

Mr. Cannaday said some defense attorneys will bond out their clients when they know ICE agents are not inside the jail. He said illegal immigrants must be screened when they are booked into the jail.

Inmates who are booked into the Dallas County jails currently must fill out a form that asks for their country of birth. But jail guards do not use that information to screen for illegal immigrants.

It's an election year, and the question of identifying illegal immigrants in jails has arisen in the Harris County sheriff's race as well.

Harris County Sheriff Tommy Thomas, who is running for re-election, wants his jailers to receive the ICE training to determine the immigration status of noncitizens.

Ms. Smit, the Cockrell Hill police chief who is running as a Republican, said she would work with other law enforcement agencies in the county to develop a coordinated strategy for tackling the problem.

"Every prisoner who comes into intake should be questioned at book-in so ICE agents have an opportunity to get to them before they bond out," she said.

Foreign Farm Workers May Get Pay Cut

As reported in the Houston Chronicle yesterday, a proposed regulation from the Labor Department could have the effect of reducing wages paid to legal immigrant farm workers. Here are excerpts from the story:

The Labor Department planned Wednesday to propose changes to the foreign agriculture worker program, among them how the base wages for H2-A visa holders are determined. Streamlining the hiring process for H2-A visa holders could help turn employers away from hiring illegal workers, officials said.

Right now, the base pay for H2-A agriculture workers is set by the Agriculture Department's Farm Labor Survey and varies by state. Within a state, the pay is the same regardless of what job a worker performs.

However, the Labor Department wants to use the Bureau of Labor Statistics' Occupational Employment Survey, which would allow officials to consider what workers do and their skill levels. It also would allow officials to divide the country into more than 530 areas and to pay wages appropriate to each area.

Under the H-2A program, farmers may apply to bring in foreign workers if they can show the supply of U.S. workers is inadequate. The new regulations, which were to be proposed by the Labor and Homeland Security departments, would be the first changes to the H-2A visa system in 20 years.

More than half of U.S. farm workers admit on Labor Department surveys that they are not legally authorized to work. Some groups believe it's actually about 70 percent.

Employers consider the H2-A program burdensome and many hire undocumented workers rather than use it. Critics say employers don't like the program's wage, housing and other requirements. Labor officials plan to make the application process easier for employers wanting foreign farm workers.

The H-2A system requires that above-average wages — called the adverse effect wage rate — be paid to those workers.

In 2007, the highest adverse effect wage rate was $10.32 in Hawaii and the lowest was $8.27 in Arizona. In North Carolina, where the largest number of H-2A visas are issued, the adverse effect wage rate was $9.02.

Go Home To Foreign Country For Two Years Or Apply for A Waiver And Stay In The United States?

The Immigration and Nationality Act of 1952, as amended (INA), stipulates that physicians who have entered the United States to undertake a J-1 graduate medical training or education program are uniformly subject to the obligation to return to their home country or country of last residence for a period of two years. INA §212(e). J-1 visa holders are eligible for waiver of the two-year home residence requirement based upon exceptional hardship to a U.S. citizen or permanent resident spouse or child. INA §212(e). There are three other bases for filing a waiver to the two-year foreign residency requirement, but this discussion will be on the exceptional hardship waiver.

In determining a hardship waiver, exceptional hardship must be shown with respect to the U.S. citizen spouse or child in the event they remain in the United States and the foreign spouse returns to the home country. The applicant must also show hardship if the spouse or child accompany the foreign national abroad for two years.

Factors considered to form the basis of exceptional hardship include where the U.S. citizen spouse would be required to interrupt a professional career, suffer unemployment and separation of family.The country conditions to which the exchange visitor and the U.S. citizen or resident spouse would return must also be considered, particularly where they are shown to impact psychological and physical health. Other factors are considered to form the basis of a finding of exceptional hardship as well.

For example, where it is shown that the citizen spouse would suffer adverse consequences to their medical studies by the departure of their J-1 spouse, and that their career would be set back if he or she were either to interrupt their education or attempt to continue their studies in the spouse’s country. Similarly, the threat of disruption of the education of an exchange visitor’s spouse would constitute sufficient hardship to justify granting the waiver. In evaluating a claim of exceptional hardship, evidence of the disruption of the career or of the education of the U.S. citizen or resident spouse will be considered, along with other relevant factors mentioned above.

To learn more about waivers to the two-year foreign residency requirement, please call us at 214-999-9999.

Emergency Travel – Get An Advance Parole

Foreign nationals who do not have a valid immigrant visa and wish to travel multiple times outside the United States will need permission to re-enter the United States. An individual who filed an adjustment of status (AOS) application will need a travel document (advance parole) to re-enter the United States. If the AOS application is pending, the foreign national should submit form I-131 Travel Document Application prior to departure. Otherwise, if the foreign national leaves the United States while the AOS application is pending, the application will be deemed abandoned and the AOS application will eventually be denied.

Be aware travelers, in order to avoid the termination of a pending AOS application, it is imperative to apply for Advance Parole prior to leaving the United States. An advance parole is approved within 90 days and is valid for multiple trips throughout one year. Of course, once the foreign national receives his or her green card, an advance parole is no longer needed.

Please note there are certain foreign nationals who may not apply for advance parole. An advance parole document is not available for individuals in the United States illegally, under removal proceedings, or who are exchange foreign nationals subject to the residency requirement.

Please contact us to learn more about Advance Parole and the information needed to apply for an Advance Parole.

Tougher Laws In Other States Forcing Immigrants To Texas?

The Dallas Morning News reports today that tougher anti-immigrant laws in nearby states are encouraging immigrants (legal and illegal) to move to Texas. Depending on your point of view, this is either bad for Texas taxpayers or good for Texas businesses. We're getting a lot of new labor into the Texas market, but for those who believe immigrants are a drain on state-provided services, it's not a positive development. I'm not one of those people, so I welcome the new residents. Here are excerpts:

Illegal immigrants are coming into Texas, but not from where most people think.

The rush is coming from Oklahoma, Arizona and other states, places that have recently passed tough new anti-illegal immigrant laws.

The Oklahoma statute, which took effect in November, makes it a crime to transport, harbor or hire illegal immigrants. Effective Jan. 1, the Arizona law suspends the business license of employers who knowingly hire illegal immigrants. On a second offense, the license is revoked.

In Tulsa, Okla., the Hispanic Chamber of Commerce has estimated that 15,000 to 25,000 illegal immigrants have left the area. One builder estimated that 30 percent of the Hispanic workforce left Tulsa.

"There's been a tremendous impact in Oklahoma City," said David Castillo, the executive director of the Greater Oklahoma City Hispanic Chamber of Commerce. "We've had several companies close shop and leave the state. Banks have called us and say they're closing 30 accounts per week."

Enrique Hubbard, Mexico's consul general in Dallas, said a dozen Mexican families from Oklahoma have applied for consular documents listing their new homes in the Dallas area. He expects more to arrive because jobs are available in North Texas.

Texas' reputation as a welcoming destination has experts predicting more immigrants will come to Houston and other cities in the state. Texas has not passed any statewide law targeting the employment of undocumented workers.

Judicial Compromise Ordered In Texas "Border War"

Here's the latest update on the "border war" between Texas landowners and the federal government. The government is trying to get access to the private land in order to do surveying in advance of building a border fence or wall that would cut off many landowners from their primary water source - the Rio Grande. From the Dallas Morning News:

A federal judge has ordered Cameron County property owners to open their land to the government for border fence surveying, but not before he denied the government the right to take the land without a hearing.

U.S. District Judge Andrew Hanen in Brownsville ordered 10 landowners to comply with the government's request for access to their land for 180 days. Two others were near settlements with the government.

But Judge Hanen's order revealed he had denied a request from the federal government for a swift and private order like the one it received in a similar case in Eagle Pass. In filing its suit, the Justice Department asked Judge Hanen to rule immediately without participation from the landowners, a legal maneuver that is allowed in eminent domain cases.

Citizenship Backlog To Curb Latino Vote

The Dallas Morning News ran an article today detailing a problem that I and many other interested people have been complaining about for quite some time -- the inexcusable delays in granting citizenship to qualified immigrant applicants. Some of us who are quick to attribute sinister motives to politicians note that a majority of new citizens vote Democratic, and the current administration is Republican. And of course this just happens to be an election year. So the fewer new citizens, the fewer votes for Democratic candidates? The article is well worth reading in full. Here are excerpts:

The unprecedented 1.4 million surge in U.S. citizenship applicants won't translate into an equal number of new voters come November's presidential election because of a processing backlog.

But U.S. Citizenship and Immigration Services officials said Monday that the agency is hiring more staff and pressing the FBI for more efficient background checks and that delays of weeks just to open mail are behind them.

"Anytime we have a surge in citizenship, it is a good thing," said Emilio Gonzalez, director of the agency's Dallas office. "We are working as best we can."

Mr. Gonzalez and his agency have been assailed by critics who charge that the Republican administration wants to suppress the votes of new citizens likely to vote for a Democrat.

"If they don't have the opportunity to vote in this election, they will have many other opportunities to vote in other elections," Mr. Gonzalez said.

The processing delays vary from city to city, though the biggest backlogs are in Los Angeles, New York and Miami, said Mr. Gonzalez and Michael Aytes, associate director for the agency's domestic operations.

In Dallas, the backlog isn't as serious, with 30,000 applications pending in November, Mr. Aytes said. The number of applicants here increased 49 percent in the last fiscal year compared with the previous year. In San Bernardino, Calif., the increase was 1017 percent; in Los Angeles, 101 percent.

Just the same, Mr. Aytes acknowledged, some applications with checks enclosed had taken more than six weeks just to be opened, including some sent via Federal Express.

Some 57 percent of Hispanic registered voters call themselves Democrats or say they lean toward the Democratic Party, while 23 percent align with the Republican Party, according to a recent Pew Hispanic Center survey.

H-2A Visas - Doing It The Right Way

U.S. companies wanting to bring foreign nationals into the United States to perform agricultural labor or services of a temporary or seasonal nature may do so by demonstrating that no U.S. worker is willing, able, qualified, and readily available to perform such service or labor. Under the H-2A program, a U.S. employer must conduct serious recruitment, such as placing a job opening with the State Workforce Agency, and advertising in a newspaper of general circulation in the area of employment. After the recruitment period establishes that there are no U.S. workers capable of performing such agricultural service, and that the employment of the foreign nationals will not adversely affect the wages and working conditions of similarly employed U.S. workers, the employer will file a labor certification with the Department of Labor (DOL).

Once the DOL grants the labor certification, a petition for the foreign national to perform the agricultural labor/services of a temporary or seasonal nature is filed with the U.S. Citizenship and Immigration Services. An approved petition is then forwarded to the U.S. Consulate where the worker applied for the visa.

An H-2A visa is granted for up to a year and may be extended once for two years, for a maximum of three years. If you need more information regarding H-2A visas, please contact us at 214-999-9999.

Adopting A Foreign Orphan

U.S. citizens wishing to adopt an orphan from a foreign country may do so after meeting certain requirements. The child must first meet the definition of orphan. A child, who is under the age of 16, is an orphan due to the death or disappearance, abandonment, separation or loss of both parents, or if only one parent, then the one parent is unable to provide the proper care and in writing irrevocably releases the child for adoption. INA Section 101(b)(1)(F).

To begin the process of adopting an orphan, the U.S. citizen parents must first file I-600A, which is the advanced processing application that permits adopting parents to file the orphan application. Essentially, this application will determine whether the prospective adoptive parents will provide a proper home environment, and will determine whether they are suitable as parents. The process consists of home study and fingerprint checks. Home study includes an analysis of the prospective parents' capabilities and living conditions.

Once the advanced processing application is approved, Form I-600 is filed with the Citizenship and Immigration Services (CIS). Form I-600 is the form filed for the classification of an orphan and is accompanied with the approval of the advanced processing application, the orphan’s birth certificate, and evidence that the child is an orphan. Once CIS approves the I-600 Application, the application is then forwarded to the U.S. embassy in the country where the child resides. For orphan petitions, the U.S. citizen parents need only establish that the orphan is going to be adopted abroad, or coming to the U.S. for adoption. Once the child has been residing with his or her adoptive parents for two years, the parents may petition their child as an immediate relative so long as the child was adopted before his or her 16^th birthday.

To learn more about the orphan petition process, please contact us.

Can't Sign Petition To Remove Conditions Jointly? Then You Need A Waiver

Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional permanent resident status. Conditional residents and their spouses are required to remove those conditions two years after residency is granted by filing a Petition to Remove Conditions on Form I-751.

The most pressing question is whether divorce during the specified period affects the Petition to Remove Conditions. If the marriage falls apart during that two year window, it will be necessary to file for a waiver of the requirement that both spouses sign the petition.

However, the conditional resident requesting a waiver will have to show the marriage was entered into in good faith. In order to show the Immigration Service that the marriage was entered in good faith, the alien should provide documents such as birth certificates of the children, documents showing that the financial assets and liabilities were combined, and documents showing the length of time the parties lived together.

If you have questions regarding how to file a waiver of the requirement to file I-751 jointly, please call us.

USCIS Application And Receipting Update

USCIS has released the latest application and receipting update:

USCIS Application and Receipting Update

U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed. As a result, applicants are experiencing delays in receiving notices of receipt. USCIS is working hard to deal with the increased volume.

• Date Received in Mailroom – USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. You can see a sample Form I-797 under "Related Links" on this page. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications.
• Weekly updates on Receipting – Until this situation is resolved, USCIS will provide these weekly updates on progress in issuing receipt notices to our customers. Additional information is available in Frequently Asked Questions, located under "Related Links" on this page.
• Applications Received Prior to Posted Receipting Dates – If your application was received by USCIS before the posted dates below and you still have no receipt, please contact USCIS Customer Service toll-free at 1-800-375-5283.

We appreciate your understanding.

IMPORTANT:

Contact Customer Service toll-free at 1-800-375-5283 for:

Change of Address – If you have submitted your application and are changing your address, but have not yet received your receipt. (If you have a receipt, you can report your change of address from our website, using USCIS' Change of Address Online.)

Unusual Delay – If you have not received a receipt within the timeframe indicated below for the Service Center where you filed your application.

As of January 4, 2008, USCIS had completed initial data entry and issued receipt notices for applications and petitions except for I-130s (Petition for Alien Relative) which are being receipted at the Chicago Lockbox facility, as noted below:

Chicago Lockbox (as of 1/18/08)

Form Number               Date Received

I-130                                 11/13/2007

All Other Forms                Current

Backups Expected At Canadian Border With New Passport Rule

An article in the Houston Chronicle and a press release by the Department of Homeland Security both warn of border crossing delays to be caused by the new rules regarding identification requirements, effective January 31, 2008. Congress is wanting to delay the effective date of requiring passports, but Homeland Security Secretary Michael Chertoff is warning against that. Here are excerpts from the Chronicle article and from the DHS press release:

Homeland Security Secretary Michael Chertoff on Thursday said the Bush administration would press forward with plans to require passports for anyone crossing into the U.S. from Mexico or Canada — despite a move by Congress that delays the mandate until June 2009.

"I want to get as close as possible to getting this implemented as I can during this president's term in office," Chertoff said, during a meeting with Hearst Corp. executives at the Hearst Tower in New York City.

At issue is the Western Hemisphere Travel Initiative's requirement that travelers entering the U.S. by land or sea show passports or other approved documents to border officials.

The passport requirement became law in 2004 and was originally set to take effect this Jan. 1. But Congress has delayed the rule several times at the behest of border-state lawmakers who say the requirements are too cumbersome and would mean major changes for people accustomed to easily crossing the U.S.-Canada border to shop and work.

As part of a massive spending bill approved Wednesday — and expected to be signed into law by President Bush — members of Congress delayed the passport requirement until June 1, 2009, at the earliest.

Chertoff on Thursday lashed out at the lawmakers who pushed for the postponement and said they were more concerned about the bottom line of businesses than in keeping the nation's borders secure.

Critics in Congress, including Rep. Louise Slaughter, D-N.Y., and Sen. Patrick J. Leahy, D-Vt., have complained that the passport requirement will cause major headaches for residents who live along the U.S.-Canada border and are accustomed to easily traveling between the two countries.

The Department of Homeland Security also is moving ahead with plans, effective next Jan. 31, that require U.S. travelers to show proof of citizenship, such as a birth certificate, and government-issued ID to enter the country, rather than relying on travelers' own statements that they are U.S. citizens.

Chertoff defended the passport requirement, saying it would streamline the assortment of documents that are now presented to border inspectors.

"It is impossible to expect our border inspectors to be able to verify that all of these different kinds of ID are genuine," Chertoff said. "The way to correct it is to reduce the number of documents (that can be used as identification at the border) and ultimately require that they have certain security features."

"Delaying this documentation requirement is keeping the door to illegal immigrants open," Chertoff said. "It is a little silly to spend a lot of money building a fence when you're kicking the door wide open and saying anybody can come in if they can wave a piece of paper that they can (easily counterfeit)."

DHS Ends Oral Declarations at Borders, Reminds Travelers of New Procedures on January 31

Increased Delays Ahead For Naturalization Applicants

Testimony before Congress this week on "Naturalization Delays, Causes, Consequences and Solutions" by Emilio T. Gonzalez, Director of U.S. Citizenship and Immigration Services, contained bad news for applicants. Under the section titled "Where Does this Take Us?" Director Gonzalez said this:

This surge will have a serious impact on application processing times for the next couple of years. As a result, based on our response plan, most customers will wait much longer to have their applications completed. As we have reported, the average processing time for naturalization applications has increased from the current average of seven months or less to approximately 18 months. Family-based adjustment-of-status applications increased from the current average of six months or less to 12 months. Our two-year response plan will help us accomplish reducing processing times to six months by the third quarter of Fiscal Year 2010.

Border Standoff Over Proposed Fence

CNN has written about the continuing saga of the Texas-Mexico border fence and the property owners denying the government access to their lands. This article discuss land owned by Eloisa Tamez. Here are excerpts:

Michael Chertoff, the Secretary of Homeland Security, said the fence will not be stopped by opponents like Tamez.

"Can we simply abandon an enterprise because it is a problem for a particular individual?" Chertoff told CNN. "I don't think I can accept that."

Chertoff believes a fence would curb the steady stream of illegal immigrants making their way across the border and lessen the flow of drugs. He also argues it will increase the safety of Border Patrol agents who have faced increasing violence.

The government wants to build 700 miles of fence along the Mexican border, including 370 miles of it by the end of this year. About 70 miles of fence is to be built in the Rio Grande Valley by year's end, if the government gets its way.

The Border Patrol has stepped up its efforts in the Rio Grande Valley with more lights, and sensors to pick up movement. A levee built along the river has a muddy road on top used by Border Patrol vehicles to patrol the area.

Richard Cortez, the mayor of the border town of McAllen, Texas, believes hiring more Border Patrol agents, deepening the Rio Grande River, and clearing its banks of tall vegetation would provide better border protection than the fence.

Cortez calls the fence "a multibillion dollar speed bump," which will slow, but not stop, illegal immigration.

"It is a false sense of security," he says. "America will not be safe. America will continue to waste resources on something that is not going to work."

K Visas -- Fiancé Visas

In this Internet era, individuals are now entering Internet chat rooms and meeting other individuals with similar interests. Often, the two individuals reside on different continents. Internet chatting often leads to more serious and frequent communication, and sometimes a relationship flourishes.

When a United States Citizen meets a foreign national, and a relationship develops with the individual, the couple will desire to unite their lives together. If the U.S. Citizen and his or her foreign national fiancé want to live their lives together in the United States, the U.S. citizen may petition for the fiancé to enter the US with a K-1 visa.

The K-1 visa allows the foreign national fiancé to enter the United States solely for the purpose of getting married to the U.S. citizen petitioner. Once the foreign national enters the United States, he or she must get married to the U.S. citizen within 90 days. Of course, the petitioner (US citizen) and beneficiary (fiancé) must meet certain requirements before applying for the visa.

The following requirements must be met in order to file a petition for the fiancé to enter the U.S. on a K-1 visa: The petitioner must be a U.S. citizen; the U.S. citizen must have met with the fiancé in person within the previous two years; both individuals must be legally free to marry; the fiancé must not have violated any U.S. immigration laws; the fiancé must not have a criminal record.

To learn more about the fiancé visas, please contact us at 214-999-9999.

Business Visitors -- The B-1 Visa

A foreign national who wishes to enter the United States “on business” must first obtain a B-1 visa from the U.S. Consulate or Embassy in his or her home country. The B-1 visa allows the foreign national to enter the United States temporarily for business. However, the business visitor is not authorized employment in the United States.

For example, if the purpose of the foreign national’s planned travel is to meet with business associates, travel for a business convention or conference on specific dates, or settle or negotiate a contract, then a B-1 visa would be necessary. Since the purpose of the trip and visa is temporary in nature, the foreign national needs to establish there is no intention of abandoning his or her home country. Documentation must be presented to the consul establishing intent to return to the home country. An individuals should therefore provide sufficient ties to the home country -- such as an employment letter, financial connections, bank accounts, close family ties, copies of recent tax returns, copies of recent paycheck stubs, copies of mortgage, lease, or other documents demonstrating residence.

Please contact us to learn more about the B-1 visa.

TN Visas – For Mexican And Canadian Professionals

Citizens of Mexico or Canada may opt for a TN visa instead of being subject to the annual cap of the H-1B visa. The TN visas are similar to the H-1B visas in that the visa is designed for professionals that have attained the requisite education and experience. Examples include accountants, architects, hotel managers, dentists, librarians, engineers, doctors (who are in teaching and research positions), animal breeders, animal scientists, and management consultants. The pertinent occupations are listed in the regulations, and the North American Free Trade Agreement (NAFTA), whereas the experience and education levels are specified in the regulations. There are a few cases where a degree is not required such as management consultants.

Although a TN visa is valid for one year, it may be renewed every year. It is vital to note that TN visas have a temporary intent requirement and the individual must have intent to return to his/her home country of Mexico or Canada. The process of submitting TN applications are different for Canadians and Mexicans. A Canadian citizen will present all documents and apply for TN status at any port of entry such as the airport. No visa is issued only an I-94 card. On the other hand, a Mexican citizen will apply for TN status at the U.S. Consulate.

If you are a citizen of Mexico or Canada and want more information on the Professional Nonimmigrant visa, please call us at 214-999-9999.

Silence In Wake Of Arizona's Immigration Law

Conservative columnist Linda Chavez has an interesting opinion piece in today's Dallas Morning News. She writes about the recently-passed immigration enforcement law in Arizona and reflects that the lack of use of the law indicates that citizens of Arizona understand they are better off with illegal immigrants than without them. Here are excerpts:

Arizona has been ground zero in the fight against illegal immigration – but a funny thing happened earlier this month when a new anti-illegal-immigrant state law went into effect. Nothing.

The law, one of the toughest in the nation, requires jurisdictions to investigate complaints by ordinary citizens against local businesses that may be employing illegal immigrants. But apparently most Arizonans have better things to worry about.

A new study by the conservative think tank Americas Majority Foundation ( www.amermaj.com) suggests a possible explanation why more Arizonans aren't rushing to run off illegal workers. It turns out that Arizonans may be better off – not worse – because of the presence of so many immigrants in the population.

States with the highest percentage of immigrants or the largest recent influx of immigrants – 19 "high immigrant jurisdictions" in all – are wealthier and have better employment numbers, and most boast better crime figures than those with fewer immigrants.

These statistics don't mean that illegal immigration is not a problem for many jurisdictions. Illegal immigrants do impose costs, including increased health care and education expenses. Ironically, one of the growing costs is for incarcerating illegal immigrants picked up in raids or for offenses that usually don't justify jail time.

These increases are a direct result of efforts to crack down on illegal immigration. And if states like Arizona decide to vigorously enforce their new laws, we can expect to see these costs go up without much, if any, offset in savings to those jurisdictions.

The immigration debate is likely to continue undeterred by the facts the Americas Majority Foundation has pulled together. But the overwhelming majority of Americans – two-thirds to three-fourths, according to most polls – have no wish to see most long-term illegal residents rounded up and sent home.

What they do want is a more concerted effort to secure the borders so the numbers don't keep increasing. Once we get this election year behind us, maybe the sound of silence emanating even from places like Arizona will finally be heard.

Employment-Based Visas For Outstanding Researchers

A U.S employer (typically a university or hospital) that desires to employ a professor or researcher who is “outstanding” in an academic field may file an employment-based petition. To qualify as a “priority worker - outstanding professor or researcher,” an individual must meet each of the following evidentiary requirements set out in 8 CFR §204.5(i)(3) and 8 CFR §204.5(g).

A.   Evidence that the individual is recognized internationally
       as outstanding in the academic field;

B.   Evidence that the alien has at least three years of experience in teaching
       and/or research in the academic field;

C.  Provide an offer of employment from a prospective U.S. employer;

D.  Evidence that the U.S. employer is able to pay the proffered wages to the
individual.

Under 8 CFR §204.5(i)(3)(i), evidence that the individual is recognized internationally as outstanding in the academic field shall consist of at least two of the following:

• receipt of major, international prizes, awards, and recognition for the individual’s scholarly achievement;
• memberships in associations which require outstanding achievements;
• published material in professional publications written by others about the individual’s work in the academic field;
• evidence of participation as the judge of the work of others in the same or an allied academic field;
• evidence of original or scientific or scholarly research contributions to the academic field which have received worldwide recognition in the field ; or
• evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

If a foreign national satisfies these requirements as set forth in the regulations, and upon approval of the petition, the foreign national will be able to adjust their status to a lawful permanent resident.  Please do not hesitate to call us at 214-999-9999 and learn more about the outstanding researcher process.

How Do Legal Immigrants Get Social Security Numbers?

This information is excerpted from the U.S. government's Social Security Administration Web site, and explains to non-citizens how they can legally obtain Social Security numbers. For more detailed information visit the SSA Web site.

How do I apply for a Social Security number and card?
In general, only noncitizens who have permission to work from the Department of Homeland Security (DHS) can apply for a Social Security number. To apply for a Social Security number:

Complete an Application For A Social Security Card (Form SS-5); and show us original documents proving your: Immigration status; Work eligibility; Age; and Identity. Then, take your completed application and original documents to your local Social Security office.

Immigration status
To prove your U.S. immigration status, you must show us the current U.S. immigration document, I-94, Arrival/Departure Record, issued to you when you arrived in the United States. If you are an F-1 or M-1 student, you also must show us your I-20, Certificate of Eligibility for Nonimmigrant Student Status. If you are a J-1 or J-2 exchange visitor, you must show us your DS-2019, Certificate of Eligibility for Exchange Visitor Status.

Work eligibility
For most foreign workers, we only need to see your I-94, Arrival/Departure Record. Some foreign workers also must show their work permits from DHS (I-766 or I-688B). International students must present further documentation. For more information, see International Students And Social Security Numbers (Publication No. 05-10181).

What can you do if you need a number for tax purposes?
If you need a number for tax purposes and you are not authorized to work in the U.S., you can apply for an Individual Taxpayer Identification Number from the Internal Revenue Service (IRS). Visit IRS in person or call the IRS toll-free number, 1-800-TAXFORM (1-800-829-3676), and request Form W-7, Application For An Individual Taxpayer Identification Number.

Do you need a number for other government services?
Lawfully admitted noncitizens can get many benefits and services without having a Social Security number. You do not need a number to purchase savings bonds, conduct business with a bank, register for school or apply for educational tests, obtain private health insurance, apply for school lunch programs or apply for subsidized housing.

Have Your Passports Ready!

The following information is available on the Department of State's Web site.

Implemented on January 23, 2007, all individuals traveling by air between the United States and Canada, Mexico, Bermuda, and the Caribbean region are required to present a passport or other valid travel document to enter or re-enter the United States.

Beginning JANUARY 31, 2008, U.S. and Canadian citizens traveling by land and sea will need to present either a government-issued photo ID, such as a driver’s license, plus proof of citizenship, such as a birth certificate or passport.

Please note the passport requirement does not apply to U.S. citizens traveling to or returning directly from a U.S. territory.  U.S. territories include:

• American Samoa
• Guam
• Northern Mariana Islands
• Puerto Rico
• Swains Island
• U.S. Virgin Islands

Due to the increase in passport applications, the effective dates of the Western Hemisphere Travel Initiative have been amended.  At a later date, to be determined, the departments will implement the full requirements of the land and sea phase of the Western Hemisphere Travel Initiative. The proposed rules require U.S. citizens entering the United States at sea or land ports of entry to have either a U.S. passport; a U.S. passport card; a trusted traveler card such as NEXUS, FAST, or SENTRI; a valid Merchant Mariner Document (MMD) when traveling in conjunction with official maritime business; or a valid U.S. Military identification card when traveling on official orders.  The expected date of implementation is Summer of 2008.

Indian Professionals: The United States Doesn't Want You

From the February 2008 Visa Bulletin comes this sad and disappointing notice:

INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME “UNAVAILABLE”
   
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months.  As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.

USCIS Application And Receipting Update

This is the latest information from USCIS about the current filing backlog:

U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed. As a result, applicants are experiencing delays in receiving notices of receipt. USCIS is working hard to deal with the increased volume.

• Date Received in Mailroom – USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. You can see a sample Form I-797 under "Related Links" on this page. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications.
• Weekly updates on Receipting – Until this situation is resolved, USCIS will provide these weekly updates on progress in issuing receipt notices to our customers. Additional information is available in Frequently Asked Questions, located under "Related Links" on this page.
• Applications Received Prior to Posted Receipting Dates – If your application was received by USCIS before the posted dates below and you still have no receipt, please contact USCIS Customer Service toll-free at 1-800-375-5283.

We appreciate your understanding.

IMPORTANT:

Contact Customer Service toll-free at 1-800-375-5283 for:

Change of Address – If you have submitted your application and are changing your address, but have not yet received your receipt. (If you have a receipt, you can report your change of address from our website, using USCIS' Change of Address Online.)

Unusual Delay – If you have not received a receipt within the timeframe indicated below for the Service Center where you filed your application.

As of December 31, 2007, USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated:

California Service Center

Form Number               Date Received

I-130*                              8/30/2007

All Other Forms             Current

*All I-130s received after the indicated date have been forwarded to USCIS Chicago Lockbox for data entry.

Nebraska Service Center

Form Number               Date Received

All Forms                        Current

Texas Service Center

Form Number               Date Received

N-400                             12/7/2007
All Other Forms              Current

Vermont Service Center

Form Number               Date Received

I-130*                                7/29/2007
N-400                             12/4/2007
All Other Forms              Current

*All I-130s received after the indicated date have been forwarded to USCIS Chicago Lockbox for data entry.

Chicago Lockbox (as of 1/8/08)

Form Number               Date Received

I-130                                 10/10/2007

All Other Forms                Current

Los Angeles Lockbox

Form Number               Date Received

All Forms                         Current

The U Visa -- For Victims Of Criminal Activity

The Victims of Trafficking and Violence Protection Act was passed in 2000 creating the "U" nonimmigrant classification. The U visa is available for undocumented immigrants who have suffered substantial physical or mental abuse as a result of having been a victim of a criminal activity. The individual must demonstrate the following: he or she has information concerning the criminal activity; the law enforcement officials, prosecutors, judges, or other investigating authorities provided a certification indicating that the individual has been helpful, is being helpful or is likely to be helpful; the criminal activity must have violated the laws of the United States, or have occurred in the United States.

The victim of the criminal activity must file Form I-918, Petition for U Nonimmigrant Status, at the Vermont Service Center. To determine what qualifies as a violation of a criminal activity, guidance is provided by statute that the activity is in violation of a Federal, State or local criminal law. Examples include but are not limited to rape, torture, sexual exploitation, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, involuntary servitude, kidnapping, abduction, false imprisonment, murder, blackmail, and obstruction of justice. Along with the petition, the individual must provide evidence that he or she suffered direct and proximate harm as a result of the criminal activity. The evidence may include trial transcripts, court documents, police reports, news articles, affidavits, or orders of protection.

Until the final regulations are issued, individuals who demonstrate eligibility for U visas are granted interim relief. Following the grant of interim relief, the individual may apply for work authorization. After three years of being present in the United States, and for humanitarian grounds, the U visa holder may adjust his or her status.

To learn more about the U visa and its process, please contact us at 214-999-9999.

Apply Early For H-1B Visas!

H-1B visas are work visas that allow foreign nationals to temporarily work in the United States for a U.S. employer.  A U.S. employer may petition a foreign national under the H-1B classification that specifically applies to individuals in a "specialty occupation." A specialty occupation has three requirements. First, an individual must have a bachelor’s degree or higher degree or its equivalent for the particular position. Second, the degree is common in the industry among similar organizations. Third, the employer normally requires a degree or equivalent; or the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with attainment of the degree. 

Individuals with H-1B visas are allowed to work in the United States for up to six years, but visas are granted in three year increments. In some cases, the H-1B visas may be extended for more than six years. If the individual is in the United States, a change of status to an H-1B is filed in the United States. If the individual is outside the United States, upon approval of the petition, the individual must apply for an H-1B visa at the U.S. consulate. There are only 65,000 H-1B visas issued per year. The fiscal year for 2008 reached its cap on the very first day cases were accepted for filing (April 1, 2007).

The beginning of the fiscal year for 2009 is October 1, 2008.  Employers may begin filing their petitions six months prior to the start date of employment but the individuals can not start their job until October 1.   

It is vital for those individuals wishing to work in the United States to begin preparing their H-1B paperwork before the cap is reached. Please call us at 214-999-9999 if you would like more information on beginning the H-1B process.

USCIS Reaches H-2B Cap For Second Half Of Fiscal Year 2008

Unfortunately for those employers who can't find U.S. citizen workers for non-agricultural temporary employment, the government has announced that the quota has already been reached for H-2B workers for the second half of fiscal year 2008. This means that no one else will be allowed to apply for jobs in the United States if the starting date of employment is before October 1, 2008.

This is further evidence that the artificial caps for H-1B and H-2B visas are long overdue for increases. The caps haven't changed in many years, despite the growth in the U.S. economy. Any employers hoping for worker visas for jobs beginning after October 1, 2008, better get ready to start the process.

Here is the announcement from USCIS:

—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008 (FY2008). USCIS is hereby notifying the public that January 2, 2008 is the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to October 1, 2008. The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2008.

The cap was reached with existing totals for that day. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008 that arrive after January 2, 2008. USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on January 2, 2008. USCIS will use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected. Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:

1. Extend the stay of a current H-2B worker in the United States;
2. Change the terms of employment for current H-2B workers and extend their stay; or
3. Allow current H-2B workers to change or add employers and extend their stay.

For Republicans, Contest's Hallmark Is Immigration

The Washington Post reports today on the exceptional prominence of immigration in the campaigns of the Republican presidential hopefuls. Here are excerpts:

The imagery of the mailings is designed to pack a wallop: a Mexican flag fluttering above the Stars and Stripes, the Statue of Liberty presiding over a "Welcome Illegal Aliens" doormat, a Social Security card emblazoned with the name "Juan Doe," a U.S. passport proclaiming, "Only one candidate has a plan to STAMP out illegal immigration."

As Republican presidential candidates troll for votes, they have flooded mailboxes in Iowa and New Hampshire with such loaded images. Their campaigns have filled the airwaves, packed their Web sites and taunted their adversaries, proclaiming their concern over porous borders and accusing opponents of insufficient vigilance.

No issue has dominated the Republican presidential nomination fight the way illegal immigration has. Under consistent attack for inconsistent conservatism, former Massachusetts governor Mitt Romney has turned to the issue again and again to shore up his conservative credentials. Former New York mayor Rudolph W. Giuliani, running as the law-and-order candidate, has been forced onto the defensive by immigration policies in his city.

And just days after he delivered a passionate defense of the humanity of undocumented children in a Republican debate, former Arkansas governor Mike Huckabee presented one of the most punitive immigration platforms seen in this campaign season, rejecting legislation to provide the children of illegal immigrants a path to citizenship if they finish high school, attend two years of college or join the military.

The strategy poses a real risk. As the rhetoric and the policy proposals have grown increasingly strident, the eventual nominee's ability to win Latino support in swing states such as Colorado, Arizona, Nevada and New Mexico may be coming increasingly into question.

Latino and other minority groups see racial codes in many of the words the Republican candidates have used -- for instance, "illegals" rather than "illegal immigrants." And hovering around the campaigns are far more strident figures and organizations. Immigration groups were taken aback when Huckabee accepted the endorsement of Jim Gilchrist, the founder of the border-security Minuteman Project, calling it "providential."

2007 Dallas Morning News Texan of the Year: The Illegal Immigrant

The Dallas Morning News came up with a surprise today -- the newspaper has named as Texan of the Year for 2007, the "Illegal Immigrant." This followed a long countdown, in which the paper named various Texans who figured prominently in news stories this year. The News ran a lengthy article about the Texan of the Year, and I recommend reading it. Here are the first few paragraphs:

He is at the heart of a great culture war in Texas – and the nation, credited with bringing us prosperity and blamed for abusing our resources. How should we deal with this stranger among us? He breaks the law by his very presence. He hustles to do hard work many Americans won't, at least not at the low wages he accepts. The American consumer economy depends on him. America as we have known it for generations may not survive him.

We can't seem to live with him and his family, and if we can live without him, nobody's figured out how.

He's the Illegal Immigrant, and he's the 2007 Dallas Morning News Texan of the Year – for better or for worse. Given the public mood, there seems to be little middle ground in debate over illegal immigrants. Spectacular fights over their presence broke out across Texas this year, adding to the national pressure cooker as only Texas can.

To their champions, illegal immigrants are decent, hardworking people who, like generations of European immigrants before them, just want to do better for their families and who contribute to America's prosperity. They must endure hatred and abuse by those of us who want the benefits of cheap labor but not the presence of illegal immigrants.

Especially here in Texas, his strong back and willing heart help form the cornerstone of our daily lives, in ways that many of us do not, or will not, see. The illegal immigrant is the waiter serving margaritas at our restaurant table, the cook preparing our enchiladas. He works grueling hours at a meatpacking plant, carving up carcasses of cattle for our barbecue (he also picks the lettuce for our burgers). He builds our houses and cuts our grass. She cleans our homes and takes care of our children.

Yet to those who want them sent home, illegal immigrants are essentially lawbreakers who violate the nation's borders. They use public resources – schools, hospitals – to which they aren't entitled and expect to be served in a foreign language. They're rapidly changing Texas neighborhoods, cities and culture, and not always for the better. Those who object get tagged as racists.

Whatever and whoever else the illegal immigrant is, everybody has felt the tidal wave of his presence. According to an analysis of government data by the Washington-based Center for Immigration Studies, Texas' immigrant population has jumped a whopping 32.7 percent since 2000, a period in which immigration to the United States has exceeded, in sheer numbers, all previous historical eras. Half the immigrants in the state – 7 percent of all Texans – are estimated to be here illegally.

Though many would agree that the status quo cannot be sustained – more illegal immigrants arrive each year than legal ones, a sure sign that the system is a joke – neither Texas nor the nation seemed nearer in 2007 to resolving this complex crisis. We can't deport 12 million people who already live here, but we can't leave our back door open indefinitely. Compromise comes hard because the issue is tangled up with the most basic aspects of everyday life, down to the core of what it means to be American.

This essay cannot put a name or a face to an illegal immigrant, because that would subject him to possible deportation. Because he lives underground, the illegal immigrant becomes, in our rancorous debate, less a complex human being and more a blank screen upon which both sides can project their hopes and fears.

Religious Workers - R Visa

A religious organization in the United States may sponsor an individual from another country who has been a member of a religious denomination for two years immediately preceding the filing of the application. If the appropriate Petition and supporting documentation are submitted, the individual may qualify for a nonimmigrant R visa. If the individual is the United States, the religious organization must file Form I-129 Petition for a Nonimmigrant Worker, along with the R Classification Supplement in the United States. If the individual's spouse and children are accompanying or following to join him or her, then Form I-539 should be filed with the I-129 Petition.

The petition must be supported with documentation establishing that the individual seeks to enter the United States solely for the purpose to:
   1) carry on the vocation of a minister of that religious organization; or
   2) work in a professional capacity for that religious organization at the request of the organization; or
   3) work at the request of the organization in a religious vocation or occupation for the organization (or its § 501(c)(3) affiliate).

The petitioner (religious organization) must show that it is a bona fide, non-profit, tax exempt religious organization under § 501(c)(3) of the Internal Revenue Code. This can be shown by submitting copies of the organization's articles of incorporation, bylaws, financial statements, and letters from the Internal Revenue Service showing that the religious organization is nonprofit and exempt from taxation.

Furthermore, a letter from an authorized official should indicate that the individual has been a member of the religious organization and that the foreign and U.S religious organizations belong to the same religious denomination. The religious organization should provide a sworn statement by an authorized official outlining the hours the individual will work, the duties and responsibilities the individual will perform and the remuneration the individual will receive. Once the R-1 visa is approved, the religious worker, spouse, and children (under 21 years) are granted admission for three years which may be extended for an additional two years.

The R visa allows the individual to apply for permanent residency. If an individual has been in R status for at least two years, a Special Immigrant Petition I-360 may be filed by either the Religious worker or the employer. The Special Immigrant Petition is a step towards obtaining permanent residency. Please contact us if you have any questions regarding Religious Worker visas.

Battered Spouse, Parent, Or Child – Steps Towards A Successful VAWA Petition

A spouse, child or parent who has been subject to extreme cruelty or battery by a U.S. citizen or lawful permanent resident (LPR) spouse or parent may file a Violence Against Women Act (VAWA) self-petition. VAWA petitions are available to the victims of domestic violence and may be either male or female victims. In order to qualify, a victim of domestic violence has to meet several requirements. The self-petitioner must establish that he or she is the spouse of a U.S. citizen or LPR; resides in the United States when the self-petition is filed; resided with the abuser in the United States in the past; has been battered or subject to extreme cruelty by the Citizen or LPR spouse during the marriage; is a person of good moral character; is a person whose deportation would result in extreme hardship to himself, herself, or his or her child; and the victim entered into a good faith marriage with the Citizen or LPR.

Before filing a VAWA case, evidence must be gathered to establish the above-mentioned requirements. For example, the petition must be accompanied by evidence of the marriage relationship, such as a marriage certificate. To satisfy the requirement that the abusive spouse or parent is a U.S. Citizen or LPR, a copy of their birth certificate or resident card should be provided. With respect to providing evidence of the abuse, the victim may include police reports, temporary restraining orders, affidavits from police and judges, medical reports, and letters from doctors. To satisfy a good faith marriage requirement and the requirement that the self-petitioner resided with the abuser, the self-petitioner must submit documentary proof which includes, but is not limited to, joint accounts, credit card bills evidencing both names, apartment leases, driver’s licenses showing the same address of both, insurance records held in both names, federal tax returns filed jointly, and birth certificates of children.  In order to show that the victim is a person of good moral character, the self-petition should provide an affidavit from the self-petitioner, accompanied by a local police clearance, and letters from individuals. Evidence of extreme hardship includes affidavits, birth certificates of children, etc.

Once the VAWA petition is approved, the next step will be to proceed with obtaining permanent resident status based on the approved self-petition. Please contact us if you have been or are subject to abuse by a U.S. citizen or LPR spouse, or parent.

Immigration Is Number One Concern For Iowa Voters

According to an article in today's Washington post, immigration is the number one issue among potential voters in Iowa's Republican caucus next month. I don't doubt the Post's polling, but that is amazing to me. With all our economic woes, a crisis in education, crime in the streets, and ongoing wars in both Iraq and Afghanistan, I don't see how people could put immigration at the top of their list of things to worry about.

USCIS Proposal Would End Some Green Cards

From the Brownsville Herald comes a story about a recent USCIS proposal to require holders of old green cards with no expiration dates to turn them in and get a newer version. The stated reason for the proposal is to allow USCIS to get current personal contact information on these green card holders.

The problem for green card holders will be that this will give USCIS an opportunity to run criminal background checks, and if any minor infractions of the law are found, the green card holder could be subject to deportation. It's going to be a very tricky matter. Here are excerpts from the article:

U.S. Citizenship and Immigration Services (CIS) is considering a proposal to eliminate hundreds of thousands of green cards that were issued between 1979 and 1989.

The cards, which were issued without expiration dates, would be upgraded to store personal information electronically.

Officials at CIS say that the new cards would be more difficult to counterfeit. Like cards issued after 1989, they will expire every ten years.

“The photos on the old cards are more than 18 years old,” said Sharon Rummery, a spokesperson for CIS, “and the security features are not as good.” She explained that the new card includes holograms of U.S. presidents, which are difficult to duplicate.

CIS is currently reviewing comments that have been submitted in response to the proposal. As of now, there is no timeline for implementation.

If the proposal, which was issued on Aug. 22, moves forward, legal permanent residents would have 120 days to apply for new cards. Failure to comply with this would be a misdemeanor, which could result in $100 fine and/or imprisonment of up to 30 days.

Immigration attorneys are concerned about the financial burden their clients will bear if the proposal is implemented. The card costs $290 plus an additional $80 for fingerprinting and photo fees.

Permanent residents who replace their green cards will also be subject to criminal background checks. If an infraction—even one as minor as a traffic citation—is uncovered, they might be asked to provide relevant paperwork, including proof of an indictment and its dismissal.

Anti-Immigrant Group Ranks Presidential Candidates

Thanks to Greg Siskind for pointing out this page of the Web site of the Americans for Better Immigration, an anti-immigrant group. The ABI has rated all the presidential candidates on their positions on immigration reform and enforcement. Of course, many of us strongly disagree with the philosophy of the ABI, but this rating system does let us learn about the candidates' positions and make our judgments accordingly.

Irving, Texas Losing Students Due To Immigration Crackdown?

The Dallas Morning News had an interesting story Sunday about the declining student population in Irving, Texas. Speculation is that the decrease, which will cost Irving money in state funding, is due to the city's crackdown on illegal immigrants. As you know, Irving has been reporting to Immigration Services whenever an undocumented alien is stopped for a traffic ticket or for any other criminal offense. Hundreds of Irving residents have been deported recently. Here are excerpts from the story:

The Irving school district has lost 656 students since the end of September, and officials attribute the decline to a crackdown on illegal immigrants and the shutting down of aging apartment complexes.

School officials said they don't know exactly why hundreds of students have disappeared since the district hit its peak enrollment of 33,189. But the losses outpace previous years. Last year, Irving schools lost 283 students during the same period.

Superintendent Jack Singley said a city code-enforcement crackdown on declining apartments where many low-income families live may have caused people to leave town. And some immigrants may have left Irving because they feared deportation.

"We're watching our enrollment very carefully," Mr. Singley said. "This probably will be the toughest year to predict future enrollment for many reasons. There are many changes in our community."

School administrators are concerned because they stand to lose state funding, which is based on how many students attend school each day.

The superintendent and principals have tried to assure parents that their children are safe at school. Mr. Singley raised concerns early in the year that deportations were causing parents to go "on the run" and withdraw children from the schools.

"I think the reason is the climate in Irving," school board president Michael Hill said. "If parents are pulling their kids out of school for fear of what they're hearing throughout the city, my concern is: Are the kids in school at all?"

The school district's students are about 73 percent economically disadvantaged and 67 percent Latino this year. Many of them are the children of immigrants.

About 39 percent of students are classified as limited English proficient, the highest in North Texas. The district continues to go through considerable change, losing white students as it gains Hispanics.

Mr. Singley reassured parents in a letter that the school district does not assist law-enforcement officials with deportations.

Attention Frequent-Flyer Residents!

Generally, a lawful permanent resident (LPR) must have continuous residence in the United States for five years (or 3 years if married to a U.S. citizen) in order to be eligible for citizenship. Continuous residence in the United States does not mean that an LPR cannot leave the country for the entire five years (or three years if married to a USC) in order to qualify for citizenship. On the contrary, LPR's can travel freely without the hassle of obtaining a visa from the United States Citizenship and Immigration Service. However, LPR's must make sure they do not face the problem of abandoning the continuous physical presence requirement.

An LPR may be deemed to have disrupted the "continuous residence" requirement if the LPR travels out of the United States a few times a year, or if an LPR is outside of the country for over six months. If an LPR continuously maintains a residence in the United States but is physically outside of the United States for over a year, the Department of Homeland Security (DHS) may decide that the continuous residence has been abandoned. If an LPR has not properly maintained the continuous physical residence requirement, and the DHS determines that an LPR has abandoned his or her residency, DHS can refuse an LPR back into the United States.

Attention all frequent-flyer residents: Make sure your trips abroad are for short periods of time. Please note that the continuous physical residence requirement is one requirement that must be satisfied to qualify for citizenship. There are other requirements that must be met in order to establish citizenship eligibility. Please contact us if you would like to begin your citizenship process.

Two New USCIS Training Centers To Open In North Texas

The Dallas Morning News reports today that two regional training centers will open in Dallas in January for new employees of U.S. Citizenship and Immigration Services, a government agency swamped by naturalization petitions. Excerpts:

The move comes as the agency hires 1,500 additional employees nationwide to deal with a surge in citizenship applications. The increase has caused processing time to triple, to up to 18 months in Texas and nationwide.

The number of naturalization applications nearly doubled, to 1.4 million, in fiscal year 2007, as some legal immigrants tried to meet a July deadline for a fee increase, and others reacted to a crackdown against illegal immigrants that spilled into the legal immigrant community.

"These facilities will enhance the agility and focus to confront the complex national security challenges ahead, provide excellence in customer service, and operate effectively across interoffice and organizational boundaries," agency director Emilio Gonzalez said Wednesday.

Dallas has one of only three regional offices for Citizenship and Immigration Services, an agency within the Homeland Security Department that has faced mounting lawsuits over the processing delays.

One-Third Of Americans Think Illegal Immigrants Should Be Denied Social Services

An article in the Los Angeles Times today says that one-third of Americans think that illegal immigrants should be denied basic social services. On the other hand, 60% of Americans are in favor of a path to citizenship for immigrants who are here illegally but have not committed crimes. Here are excerpts from the article:

Those crosscurrents create treacherous political waters for the major presidential candidates in both parties, many of whom have tended to avoid spotlighting the issue. But all the White House contenders have been forced to confront the issue repeatedly under questioning at campaign events and candidate forums.

Some poll respondents, in follow-up interviews, expressed frustration that the candidates have not been more forthright in addressing immigration-related issues.

The poll indicates that illegal immigration is not the most important issue voters have on their minds, but that most people view it as a key concern.

Asked what problem is a top priority for presidential candidates to address, 15 percent said illegal immigration — the fifth most-mentioned topic behind the war in Iraq, the economy, protecting the country from terrorist attack and health care. Asked how much of a problem illegal immigration is, 81 percent of voters said they considered it important, including 27 percent who said it was one of the most pressing problems facing the country.

The poll also makes clear that voters make a distinction between legal and illegal immigrants: Asked if illegal immigrants had made a positive or negative contribution to their community, 36 percent said negative (21 percent said positive, 29 percent said the impact was not discernible).

When the same question was asked about legal immigrants, only 12 percent said their impact was negative.

(46 percent said positive, 31 percent said no discernible impact).

When those who said immigrants had a negative impact were asked precisely how, the reasons most often cited were increased crime (30 percent), loss of American jobs (35 percent) and increased cost of social services (19 percent).

Voters are divided about what the best solution is to the problem of illegal immigration, but a strong majority expressed support for a proposal discussed in Congress — part of a package backed by President Bush — that would create a pathway to citizenship for illegal immigrants already in the U.S.

The plan, under which illegal immigrants could become citizens if they have no criminal record, register in the U.S., pay a fine, learn English and meet other requirements, was supported by 64 percent of Democratic voters and 62 percent of Republican voters.

However, that plan died in Congress under fire from critics who called for the U.S. to do more to tighten border security before considering liberalized treatment of illegal immigrants.

Construction To Begin On Border Fence

The Dallas Morning News has an article today stating that in 2008 construction will begin on approximately 150 miles of fencing along the Texas-Mexico border. This fence project has been the subject of heated debate in the border communities. The fear is that a fence, which will of course have to be built on the Texas side of the Rio Grande, and not in the river itself, will have both environmental and economic adverse effects on Texas and Texans.

Many landowners will see their property bisected by the fence, and many more will lose access to needed water from the river. Small businesses along the border are concerned that they will lose customers if border crossings become less convenient for Mexicans authorized to come to Texas.

Here are excerpts from the article:

More than 150 miles of fencing is to be constructed along the Rio Grande in Texas. Fourteen miles of fence was built in El Paso several years ago.

"We're going to see steel barriers erected on the borders where U.S. and Mexican cities adjoin. These will slow down illegal crossers by minutes, but that will be long enough for agents to turn them back," Chief Hill said.

"In the open areas outside the cities, we'll build a virtual fence that uses radar to detect entry and then key a camera to that point."

Opposition to the fence by politicians, business leaders and border residents has been loud.

"It's one of the few issues around which virtually every group along the border is organized and united," Hidalgo County Judge J.D. Salinas said earlier this year. "No one on the border likes the wall. But Washington isn't listening."

Immigration Humor -- Our Founding Illegals

My thanks to Greg Siskind for this very funny video about "Our Founding Illegals." Click the arrow twice to view it.

Don't Forget To Remove Your Conditions!

If a foreign national is married less than two years to a U.S. Citizen, the alien spouse may be granted conditional permanent resident status in the United States from the time residency is granted. Is there a difference between permanent residence and conditional permanent residence? No. Conditional permanent residents have the same rights, privileges and obligations as permanent residents. The only difference is that conditional permanent residents must file a petition to remove their conditions a year and nine months from the time their residencies are granted.

Alien spouses currently in conditional resident status must not forget to remove their conditions on Form I-751 Petition to Remove Conditions. Such petition should be accompanied with evidence that the alien spouse and U.S. Citizen spouse continue to reside together and have a valid marriage. Supporting documents include utility bills bearing both names, apartment leases showing joint tenancy, joint accounts, and birth certificates of children. The petition to remove the conditions must be filed one year and nine months from the date the alien spouse was granted conditional permanent resident status. Failure to file the petition removing the conditions may result in the termination of the alien spouse's permanent resident status and removal proceedings may be initiated.

If the spouses are divorced before the second anniversary of the date the alien spouse was granted conditional permanent resident status, and the parties cannot file Form I-751 jointly, waivers are available. The alien spouse may be granted the waiver by showing proof that the marriage was entered in good faith, and it would result in extreme hardship if the alien were deported. So if an alien spouse has been granted conditional permanent residence, don't forget to remove your conditions!

Bush Administration Backing Down From Announced Plan To Punish Employers

The New York Times is reporting that the Bush administration is backing down from the announced policy of punishing employers who hire illegal immigrants. The proposed rule was to enforce so-called "no match" letters from the Social Security Administration by prosecuting employers who did not fire employees whose Social Security numbers did not match the database of the Social Security Administration. Here are excerpts from the New York Times article:

Instead, the administration plans to revise the rule to try to meet concerns raised by a federal judge and issue it again by late March, hoping to pass court scrutiny on the second try. The rule would have forced employers to fire workers within 90 days if their Social Security information could not be verified.

The government’s proposal was a response to an indefinite delay to the rule ordered Oct. 10 by the judge, Charles R. Breyer of Federal District Court in San Francisco. Judge Breyer found that the government had failed to follow proper procedures in issuing the rule and that it should have completed a survey of its impact on small business.

He also found that the Social Security database the government would use to verify workers’ status was full of errors, so the rule could lead to the dismissal of many thousands of workers who were American citizens or legal immigrants.

In a four-page motion filed Friday, the government, without acknowledging any flaws in the original rule, asked Judge Breyer to suspend the case so the Department of Homeland Security could rewrite the rule and conduct the small-business survey, which it expects to do by March 24. The government said that it wanted to “prevent the waste of judicial resources” and that it was confident the amended rule would “fully address the court’s concerns.”

The rule laid out procedures for employers to follow after receiving a notice from the Social Security Administration, known as a no-match letter, advising that an employee’s identity information did not match the agency’s records.

The employer would have had to fire an employee who could not provide verifiable information within 90 days, or face the risk of prosecution for knowingly hiring illegal immigrants. Those immigrants often present fake Social Security numbers when applying for jobs.

Judge Breyer also stopped Social Security from sending out about 141,000 no-match letters, covering more than eight million workers, which contained instructions from Homeland Security about the rule. Social Security sends the letters to clarify workers’ information so it can correctly credit taxes deducted from their wages.

Some businesses welcomed the rule because it clarified what they had to do to avoid immigration raids. But the labor unions cited a report from the inspector general of the Social Security Administration finding that 12.7 million of the records of United States citizens in the agency’s database contained errors that could lead to them being fired.

Holiday Gift Guide For Lawyers

My friend Reid Trautz is is the Director of the American Immigration Lawyers Association (AILA) Practice and Professionalism Center, where he provides ethics guidance and practice management information and consulting services to AILA members to help them improve their businesses and the delivery of legal services to their clients. Reid is back again with his annual Holiday Gift Guide for Lawyers. If you have a lawyer on your shopping gift (or anyone else, for that matter) you'll find some great gift ideas here:

My Holiday Gift Guide for Lawyers is back for the third consecutive year, with an expanded array of noteworthy recommendations for the lawyers in your life. Not a tie, gavel, or kitschy brass scales on this list, just gifts that any self-respecting, hard-working, red-blooded American lawyer wouldn’t love to have–if they had the time to find it themselves and tell you about it!

Once again, I’ve compiled this list as a public service for my learned professional colleagues and their time-sensitive, gift idea-starved family, friends, partners, associates and, dare I say, appreciative clients? Yep, that means that once again I make no money on this guide. No Google Ad Words, referral fees, nor sponsorships. Consider it pro bono publico!  The gift ideas are in no particular order (except I’m hoping my wife notices I put the iPhone first), and range in price from under ten dollars to several hundred. Enjoy!

My Holiday Gift Guide for Lawyers is back for the third consecutive year, with an expanded array of noteworthy recommendations for the lawyers in your life. Not a tie, gavel, or kitschy brass scales on this list, just gifts that any self-respecting, hard-working, red-blooded American lawyer wouldn’t love to have–if they had the time to find it themselves and tell you about it!

Once again, I’ve compiled this list as a public service for my learned professional colleagues and their time-sensitive, gift idea-starved family, friends, partners, associates and, dare I say, appreciative clients? Yep, that means that once again I make no money on this guide. No Google Ad Words, referral fees, nor sponsorships. Consider it pro bono publico!  The gift ideas are in no particular order (except I’m hoping my wife notices I put the iPhone first), and range in price from under ten dollars to several hundred. Enjoy!

USCIS Reminds Employers To Start Using New I-9 Form

Yesterday, USCIS issued a reminder to employers about the new I-9 form, which must be used beginning December 26, 2007. Here is the text of the reminder:

USCIS Reminds Employers to Transition to New

Employment Eligibility Verification Form by Dec. 26, 2007

WASHINGTON

—U.S. Citizenship and Immigration Services (USCIS) will announce in a Federal Register

(Rev. 06/05/07)N printed on the lower right corner of the form) which is now the only version valid for use. In that Nov. 7 announcement, USCIS explained that employers would have 30 days, beginning on the date the Federal Register notice is published, to transition to the revised form. Accordingly, effective Dec. 26, 2007, employers who fail to use the revised form will be subject to applicable penalties.

On Nov. 7, USCIS announced the availability of the revised version of Form I-9 (includes the revision date --

Both the revised form and the "Handbook for Employers, Instructions for Completing the Form I-9" are available online at www.uscis.gov. To order forms, call USCIS toll-free at (800) 870-3676. For forms and information on immigration laws, regulations, and procedures, call the National Customer Service Center at 1-800-375-5283.

Where Do The Leading Presidential Candidates Stand On Immigration?

The other day, someone asked me which presidential candidate would be best, strictly on immigration reform views. Here is a nice little summary from a Reuters news story:

DEMOCRATS:

New York Sen. Hillary Clinton

Supports a guest worker program for immigrants if it does not undermine U.S. workers' wages and favors giving undocumented workers a way to become legal workers. Backed building border wall. Urges development of an employer verification system and higher penalties for employers who exploit illegal immigrants.

Former North Carolina Sen. John Edwards

Urges doubling the number of Border Patrol agents, installing surveillance technology to police the border and increasing enforcement against employers who hire illegal immigrants. Supports allowing illegal immigrants to become U.S. citizens if they avoid a criminal record, pay a fine and learn English. Against a guest worker program that does not include workplace safeguards.

Illinois Sen. Barack Obama

Backs additional personnel, infrastructure and technology to safeguard U.S. borders and ports. Urges reducing application fees and improving speed and accuracy of FBI background checks for immigrants. Supports a program in which illegal immigrants pay fines, learn English, not violate the law and go to the end of the line to become citizens. Backs creating a program for employers to verify an applicant's immigration status.

REPUBLICANS:

Former New York Mayor Rudy Giuliani

Supports building the border fence and maintaining 20,000 Border Patrol agents. Urges issuing a single biometric identification card to foreigners, creating a national database and removing those immigrants who have overstayed their visas. Backs deporting illegal immigrants who commit felonies and requiring immigrants to read, write and speak English. Against providing driver's licenses or similar identification to illegal immigrants.

Arizona Sen. John McCain

Initially supported temporary guest worker program for illegal immigrants but has since shifted his position to emphasize border security first.

Former Massachusetts Gov. Mitt Romney

Backs securing the border with a wall, fence or electronic surveillance. Urges creating a biometric documentation program and establishing a verification system. Supports an increase in legal immigration into the United States and opposes compromise on immigration amnesty. Opposes allowing illegal immigrants to get driver's licenses.

Former Tennessee Sen. Fred Thompson

Against providing any legal status to illegal immigrants and urges bolstering enforcement against them and their employers. Backs cutting off federal funds to cities that try to restrict communications with the Department of Homeland Security about an individual's immigration status. Urges finishing border wall by 2010, expanding Border Patrol to at least 25,000, making English the official U.S. language and improving the immigration process.

Hispanic Surnames Break Into Top Ten In United States

In an article today, the New York Times reports that a recent U.S. Census Bureau study shows that for the first time ever, two Hispanic surnames have broken into the top ten most common names in the United States. Here are excerpts from the article:

Smith remains the most common surname in the United States, according to a new analysis released yesterday by the Census Bureau. But for the first time, two Hispanic surnames — Garcia and Rodriguez — are among the top 10 most common in the nation, and Martinez nearly edged out Wilson for 10th place.

The number of Hispanics living in the United States grew by 58 percent in the 1990s to nearly 13 percent of the total population, and cracking the list of top 10 names suggests just how pervasively the Latino migration has permeated everyday American culture.

Garcia moved to No. 8 in 2000, up from No. 18, and Rodriguez jumped to No. 9 from 22nd place. The number of Hispanic surnames among the top 25 doubled, to 6.

Demographers pointed to more than one factor in explaining the increase in Hispanic surnames.

Generations ago, immigration officials sometimes arbitrarily Anglicized or simplified names when foreigners arrived from Europe.

And because recent Hispanic and Asian immigrants might consider themselves more identifiable by their physical characteristics than Europeans do, they are less likely to change their surnames, though they often choose Anglicized first names for their children.

The latest surname count also signaled the growing number of Asians in America. The surname Lee ranked No. 22, with the number of Lees about equally divided between whites and Asians. Lee is a familiar name in China and Korea and in all its variations is described as the most common surname in the world.

Smith — which would be even more common if all its variations, like Schmidt and Schmitt, were tallied — is among the names derived from occupations (Miller, which ranks No. 7, is another). Among the most famous early bearers of the name was Capt. John Smith, who helped establish the first permanent English settlement in North America at Jamestown, Va., 400 years ago. As recently as 1950, more Americans were employed as blacksmiths than as psychotherapists.

In 1984, according to the Social Security Administration, nearly 3.4 million Smiths lived in the United States. In 1990, the census counted 2.5 million. By 2000, the Smith population had declined to fewer than 2.4 million. The durability of some of the most common names in American history may also have been perpetuated because slaves either adopted or retained the surnames of their owners. About one in five Smiths are black, as are about one in three Johnsons, Browns, and Joneses and nearly half the people named Williams.

The Census Bureau’s analysis found that some surnames were especially associated with race and ethnicity.

More than 96 percent of Yoders, Kruegers, Muellers, Kochs, Schwartzes, Schmitts and Novaks were white. Nearly 90 percent of the Washingtons were black, as were 75 percent of the Jeffersons, 66 percent of the Bookers, 54 percent of the Banks and 53 percent of the Mosleys.