Citizenship for In Vitro Twins?

Citizenship for In Vitro Twins?

A Chicago mother of twins born after in vitro fertilization was surprised that when she went to the U.S. Embassy in Tel Aviv, she was actually asked how her children were conceived. When she replied that they were born after in vitro fertilization, she was even more surprised when she learned that they were not eligible for U.S. citizenship based on being born abroad to a U.S. citizen parent. Normally, children of U.S. citizens born abroad are eligible for U.S. citizenship upon application by the U.S. citizen parent. Children of illegal aliens born in the U.S. are automatically U.S. citizens. Children adopted by American parents are also eligible for U.S. citizenship. The Issue for this Mom is that unlike the exception created by law for adopted children, there is no applicable immigration law for children conceived by in vitro fertilization. Perhaps it is time for immigration laws to include in vitro babies. According to the attorney working on this case, the issue involves discovering the source of the eggs or sperm, so that it can be determined whether or not the donor was a U.S. citizen. A very complcated matter.  I invite you to post your comments.

ICE Now Excercises Discretion In Prioritizing Deportation Cases

Image via Wikipedia

In a June 17, 2011 memo, the director of U.S. Department of Homeland Security authorized U.S. Immigration and Customs Enforcement (ICE) officers to exercise discretion in prioritizing deportation cases. Under stricter new immigration laws, ICE has been overwhelmed by aliens tagged for deportation proceedings after routine traffic stops and other minor encounters with law enforcement. ICE officers have been instructed to use their discretion to give priority to individuals with criminal records with regard to deportation and to de-prioritise deportation proceedings for individuals with clean records. ICE officers, agents and attorneys may now decide whether or not to issue or cancel a notice of detainer or a notice to appear (NTA),  whether or not to stop, question or arrest for a violation, whether to detain, or release on bond or personal recognizance, whether to seek expedited removal without formal immigration court proceedings, and whether to settle or dismiss a proceeding. The policy applies to cases pending before immigration courts so that cases deemed to be low priority may be closed and those deemed to be high priority may be pursued more aggressively. A word of caution — this is NOT an amnesty program!

Citizenship for Us: A Handbook on Naturalization & Citizenship 6th Edition | CLINIC

Click the following link for a free naturalization check-up:

Citizenship for Us: A Handbook on Naturalization & Citizenship 6th Edition | CLINIC.

Maryland Public Schools Agree To Pay $4.2 M Backwages For H-1B Violations

Image via Wikipedia

The Office of Public Affairs recently published the following decision by the U.S. Department of Labor affecting teachers hired on professional (H-1B) visas who were not paid overtime wages in one Maryland school district:

The U.S. Department of Labor’s Wage and Hour Division has obtained an agreement for Maryland’s Prince George’s County Public Schools system to pay $4,222,146 in back wages due 1,044 workers to resolve violations of the H-1B temporary foreign worker program.  Investigators from the department found that PGCPS illegally reduced the wages of the H-1B workers by requiring them to pay fees that the school system was required to pay.

The H-1B program allows employers to hire foreign professionals in certain specialty occupations to work temporarily in the U.S.  Workers hired under the H-1B program must be paid at least the same wage rates and benefits as those paid to U.S. workers doing the same job in the same area,

Due to the willful nature of some of the violations, PGCPS also has agreed to pay $100,000 in civil money penalties and to be debarred for two years from filing new petitions, requests for extensions or requests for permanent residency for foreign workers under any employment-based visa program.  Under the statute governing the H-1B program, willful wage violations are subject to a debarment period of at least two years. Violations are willful when an employer knew or acted in reckless disregard for whether its actions were impermissible.

The H-1B visa program requires that employers pay certain fees, including an anti-fraud fee and a filing fee, when they utilize the program.  Instead of paying these fees and other costs associated with recruiting H-1B workers and filing their visa petitions, PGCPS required the foreign workers to pay them.  As a result, the workers’ earnings were reduced below the amount legally required to be paid.  The Wage and Hour Division’s investigation covered fees associated with the H-1B application process from May 2005 to January 2011.

The agreement is subject to approval by an administrative law judge.

Fiance Visas and DOMA

Image via Wikipedia

Justice Dept. to Continue Policy Against Same-Sex Marriage – NYTimes.com.

Recent calls from same sex couples interested in immigrating to the US through marriage prompted me to check the status of the Defense of Marriage Act. So far, same sex couples are not eligible under DOMA, but there are two cases in which deportation was suspended based on a same sex marriage, the case of Henry Velandia a national of Venezuela, and the case of Paul Dorman, an Irish national. Mr. Dorman’s case remanded to the immigration court of appeals and based on that decision, Mr. Velandia’s case deportation was suspended. Read more by clicking on the link to an interesting piece in the New York Times above.

Update: follow more opinions in this article by Gary Endelman http://www.ilw.com/articles/2011,0708-endelman.shtm

News – NYT: New Effort to Shield Immigrant

NYT: New Effort to Shield Immigrant.

Today’s New York Times highlights efforts by USCIS to protect immigrants from individuals posing as attorneys who collect fees and fail to provide services or file documents on behalf of clients. I recommend hiring a licensed attorney for the handling of immigration matters.

Source: http://www.newyorktimes.com

Board Of Immigration Appeals Mulls Fine Point of Jamaican Law On The Status Of Children

Image via Wikipedia

Watson v. Holder has been remanded to the BIA to ponder the meaning of a Jamaican Law of 1976 which declares that all children are legitimate whether born in or out of wedlock. The law was enacted precisely to obviate the need for such a question in regard to wills and intestacy and to protect personal representatives and trustees. Specifically the law defines “child” as including a child born out of wedlock and “marriage” to include a void marriage and the Status of Children Act painstakingly sets out the means by which paternity may be established. The BIA now must determine the meaning of legitimacy under Section 1101(c)(1) and interpret “legitimation” under Section 1101(c)(1) and (2) and then apply the definition to the facts of the case before the court.

Sources:
Bender‘s Immigration Bulletin
Laws Of Jamaica

Lawmakers send Illinois Dream Act bill to Quinn – chicagotribune.com

Undocumented students in the State of Illinois are set to benefit from a privately funded system designed to assist undocumented students attend college and benefit from in-state tuition as the governor of Illinois signs the Dream Act. Please click on the link below to read an article on the Illinois Dream Act published in the Chicago Tribune.

 

Lawmakers send Illinois Dream Act bill to Quinn – chicagotribune.com.

Immigrants Often Cheated by Job Agencies in New York – NYTimes.com

Immigrants Often Cheated by Job Agencies in New York – NYTimes.com

Interesting New York Times article on Job Agencies that cheat foreign workers by advertising exciting new employment opportunities, accepting payment from job seekers and then sending the workers to businesses that turn out to be non-existent or have exceptionally poor working conditions. My prior post is about a lawsuit in Federal District court filed by cheated Philippine workers. Click on the link to read the entire article and feel free to post your comments.

Federal Court Denies Defendant’s Motion to Dismiss Class Action Lawsuit Filed By Foreign Workers

Image via Wikipedia

A District Court in California dismissed a class action lawsuit filed by teachers recruited from the Philippines finding that there is a question on the legality of the actions of the recruiters in suddenly doubling the costs and changing the terms of the recruitment agreements making it impossible for workers to leave the program if they are unhappy with their jobs. The lawsuit is alleging that the program created forced labor, human trafficking, racketeering and the teachers who were recruited were subject to fraud by Universal Placement International, Inc., the recruitment agency.

2011 U.S. Dist. Lexis 50754 Mairi Nunag Tanedo, et al. v. East Baton Rouge Parish School Board. et al.