Archive for category Legal Guides

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.

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ICE Now Excercises Discretion In Prioritizing Deportation Cases

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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!

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Utah officials urge Obama administration not to sue over immigration laws – Yahoo! News

Utah officials urge Obama administration not to sue over immigration laws – Yahoo! News.

Guest agricultural workers in Utah may be given a safety net from tougher state immigration laws that allow law enforcement officers to ask for prove of legal status by an accompanying law that allows illegal aliens to be guest workers.

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Florida Learns From Business Losses In Arizona

Here is a link to an interesting blog post in the Palm Beach Post – it cites that since the new immigration laws were passed in Arizona requiring law enforcement officers to check the immigration status of traffic stops, revenue from tourism has dropped by anywhere between $15 million and $150 million. A similar drop could be anticipated in Florida because the new anti-immigration laws are not visitor-friendly. Read more … at The Opinion Zone blog | The Palm Beach Post.

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Nanan Law Firm – Free legal questions and answers – LawQA.com

Nanan Law Firm – Free legal questions and answers – LawQA.com.

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E-Verify is Updated and Helps Employers

Upgrades in the online E-Verification Employment Verification process have made the system quick and more accessible for employers so they can find out whether potential employees are legally authorized to work in the US. Using information on employees I-9 forms and data captured from US passports including passport photos to verify employment eligibility, e-verify instantly authorizes employees in 97.4% of cases and declines only 2.3% as unauthorized. Two point six percent of employees receive initial mismatches and of the initial mismatches 0.3% are found authorized to work on further checking. Employees are therefore encouraged to contest initial mismatches if they know they are legally authorized to work.

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US Constitution Under Attack

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Not only has the US Congress thrown out the Dream Act but US lawmakers are even attacking the most fundamental of American legal basics and re-inventing the US Constitution to ensure that immigrants encounter as many obstacles as possible in obtaining legal residency in the US. The US Constitution gives persons born in the US the right to be citizens through the 14th Amendment. Those who would like persons born in the US of illegal immigrant parents to be denied citizenship are advocating a new interpretation of the US Constitution and pressing for the passage of state laws that will deny the children of undocumented aliens US citizenship. Today in Washington, DC,  State legislators are expected to endorse state legislation which will deny US citizenship to the children of undocumented aliens. So here is an issue that immigration advocates are watching, and which could affect the citizenship status of many US born children.

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DREAM Act gets to the Senate

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The DREAM Act passed in the House of Representatives yesterday and is going to the vote in the Senate today where passage may be more problematic. Passage would aid beleaguered undocumented aliens who are college students or who want to give military service but opponents see the act as a form of undeserved amnesty for illegal aliens. So after the vote, the DREAM Act will either be chucked out or become a reality.

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