Immigration reform makes headlines nearly daily.  On May 11, 2011, the Senate Majority Leader, Harry Reid, introduced the DREAM Act in the United States Senate.  The legislation seeks to address some of the 11 million undocumented persons currently in the United States.

• · What is the DREAM Act?

The DREAM Act would help undocumented college students and members of the military become U.S. citizens.  The Act only applies to those who were brought to the U.S. as young children illegally, through no fault of their own.

• · What is the rationale behind the DREAM Act?

The DREAM Act recognizes that the people who would benefit are fully Americanized, having gone to school in the U.S. and, perhaps, not even realizing that that they are not citizens until they apply for a college, a job, or a driver’s license.

By going to college and serving in the military, these people are bettering and contributing to the well-being of the United States.

• · What’s the status of the DREAM Act?

On June 28^th of 2011, Senator Dick Durbin led a Senate Judiciary Subcommittee on Immigration, Refugees and Border Security hearing on the DREAM Act amnesty bill.  At the beginning of the hearing, Durbin stated, “When I look around this room, I see America’s future, our doctors, our teachers, our nurses, our engineers, our scientists, our soldiers, our congressmen, our senators, and maybe our president.”

• · Will the DREAM Act pass Congress and become law?

Only the future will tell if the DREAM Act becomes law.  It may be attached to other immigration measures such as the E-Verify measure which is the government’s social security number internet verification system.

The E-Verify measures have not yet become law and critics are concerned that there will be numerable false positives.  In other words, workers who are citizens may be turned down for work if their social security number is not verified.

There is also discussion that the DREAM Act may be attached to a military spending bill.

• Where to get help with your immigration issues

If you have immigration questions or concerns, be sure to consult with a qualified immigration attorney.  Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration law.

We focus our practice on immigration law and help people just like you.  You are not alone.

Your next step is to contact our office:  513-791-1673 begin_of_the_skype_highlighting  or Thomasjr@geygan.com.  We will analyze your case and legal opportunities as well as gently walk you through the immigration process.  In addition we explain immigration issues such as how to get a green card or become a citizen, represent you in front of the Department of State as needed, and aggressively fight for your legal rights.

Immigration Hot Topics in the News

Not a day passes without immigration issues in the news.  It’s a hot topic, making headlines, acting as the focus of television and radio commentary, and creating media sound bites.  In fact, just this morning (June 20, 2011), CNN has reported that Arizona Senator John McCain has blamed the recent tragic Arizona wildfires on illegal immigrants.

Other hot topics:

Three states (New York, Massachusetts, and Illinois) have refused to participate in fingerprint-sharing system that is an integral part of the Obama administration’s immigration enforcement strategy.  Although the fingerprint-sharing system has caused uproar across the country, these three
states, which have large immigrant populations, are the only states, thus far, who have stepped forth to refuse participation.

“Under the program, everyone who is booked into jail, immigrants and citizens, would have their fingerprints checked against F.B.I. criminal databases, as is routine, and also against Department of Homeland Security databases of immigration violations.”  New York Times, June 7, 2011.

As of June 1, 2011, the United States Citizenship and Immigration Services (USCIS) have received 13,600 out of 65,000 available cap-subject H-1B petitions for FY-2012 and 9,300 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

U.S. employers may help highly qualified workers enter, live, and work in the United States.  To avoid U.S. workers being adversely affected by the importation of labor, the Board of Alien Labor Certification Appeals (BALCA) held that the higher of the two wages must be used to support
the permanent labor certification (PERM) application where there are two or more prevailing wage determinations (PWDs),.  (Matter of Take
Solutions, Inc., 2010-PER-00907, 4/28/2011).

U.S. Citizenship and Immigration Services (USCIS) permit investors who will create jobs and invest significant sums of money in the United States, to enter, live, and work in the U.S.   May 19, 2011, the USCIS proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program to make it faster and easier to obtain an EB-5 visa.

Whereto get help with your immigration issues

If you have questions about how any of these immigration hot topics affect you, you are not alone.  At Geygan and Geygan, Ltd., focus our practice on immigration matters and we help people just like you every day.  We understand the both the legal system and immigration law issues.  We will gently walk you through your personal immigration issues, represent you in your immigration interview, and aggressively fight for your legal rights. You can reach us at
513-793-6555 or Thomasjr@geygan.com.

  What are My Rights if I am Stopped by an Immigration Officer?

If you are stopped by an immigration officer, police officer, or some other authority, you have important legal rights.  The most important legal rights are the right to remain silent and the right to an attorney.

In general

·         You have the right to remain silent and you do not have to answer any questions until you speak with an attorney.  Not answering questions is not a crime.

·         You have an absolute right to an attorney, but the authorities do not have to pay for your attorney.  Authorities are required by law to give you a list of free or low cost attorneys.  We recommend that you place our telephone number in your cell phone so that you can call us immediately if you need help.  513-793-6555.  We focus our practice on immigration law.

·         You have a right not to sign any papers unless you have spoken with an attorney.  Do not sign anything without your attorney’s approval.

·         You may have a right to a hearing before an immigration judge (if you have not already been ordered deported.)

·         If you do have a right to a hearing before an immigration judge, you have the right to know the charges against you and to offer a defense.

·         You have a right to speak with your consulate

In your home

·         You have legal rights in your home.  Never let any authorities in your home without a warrant.  Be sure the warrant has your correct name and address on it without opening the door.

·         If the warrant is from an immigration officer, you have the right to step outside.  DO NOT let an immigration officer into your home.

·         If the authorities do not have a warrant, do not let them into your home.  If they come in anyway, say that you are not consenting to a search.  Write down their badge numbers and names if possible.

In your car

·         Only drive if you have a valid driver’s license.

·         If you are stopped, give the authority your license and registration.  You do not have to answer questions about your immigration status.

·         If authorities ask permission to search your car, say “NO.”  They cannot search your car without probable cause.  (Probable cause is good reason to believe a crime is being committed.)

Immigration is a very specialized area of law; so, be sure your attorney focuses his practice on immigration and protecting your legal rights.  We focus our practice on immigration law and you can reach us at 513-793-6555 or Thomasjr@geygan.com.  We will gently walk you through the immigration issues and aggressively fight for your legal rights.