It is hard to open a newspaper or turn on the TV without hearing or reading about the economic recession.  The downturn has affected everyone in the U.S., especially immigrants.  While many immigrants have come to the U.S. seeking the "American Dream," the recession is pushing that dream further out of reach.  As a result, an increasing number of immigrants are leaving the U.S., returning to their home countries and, in many cases, taking with them skills and knowledge needed for the United States' economic recovery, as well as their economic contributions.
 
When most Americans think about how the recession affects immigrants, they usually assume that illegal immigrants or employees doing manual labor are the only ones affected.  It's true that industries like construction, agriculture and the hospitality industry, which typically rely on a lot of immigrant labor, have been the hardest hit in this economy.  Hard working immigrants who arrived in the U.S. to provide better lives for their families are returning home with empty pockets because there just aren't enough jobs to go around.
 
However, the recession is also sending home our immigrant engineers, managers, nurses and scientists.  Highly skilled immigrants who, in many cases, earned a graduate degree in the U.S. are also finding it difficult to find and keep jobs in this recession.  In the 2000 Census, immigrants made up only 12% of the workforce but represented 47% of all scientists and engineers with doctorates.  These professionals contribute millions of dollars to the U.S. economy.  But more importantly, they are the same individuals who are going to develop new technologies and start new companies,creating new jobs for U.S. workers.  A downturn in the economy is not the time to lose our nation's inventors and entrepreneurs.  In addition, if these employees leave the U.S. now, it doesn't bode well for the United States' competitive edge in the worldwide marketplace.
 
Part of the problem is rigid immigration laws that usually require an immigrant to leave the U.S. as soon as their employment ends.  Even if they are allowed to stay because of a spouse's status or a pending permanent residence case, immigrants usually aren't eligible for unemployment benefits, making it difficult to keep their homes.  And because of the long wait for green cards, especially for employees from India and China, professionals can find themselves having to leave the country if they are laid off, even if they have invested several years in the permanent residence process.  These strict regulations, combined with the lack of job opportunities, are causing a brain drain of the United States' best and brightest.
 
Grzeca Law Group is actively advocating for comprehensive immigration reform that eliminates the green card backlog and provides a grace period for terminated immigrant employees.  Please contact us if you would like to contact your Congressional representative in support of immigration reform legislation.

The October Visa Bulletin was recently released and compared to the projections earlier in the summer, unfortunately the predictions of more movement in visa numbers did not happen.

Visa numbers advanced ever so slightly for the Employment-based Second Category for both China and India.  In addition, although visa numbers once again became available for all countries in the Employment-based Third and Other Workers categories, they came with a significantly retrogressed cut-off date. 

These retrogressions continue to have a negative impact on individuals waiting for the issuance of green cards.

Driving under the influence (DUI) of alcohol is a serious offense that can lead to hefty fines, suspension of driving privileges and even jail time.  In addition to the legal implications within the U.S., this criminal charge can also deem a person inadmissible to Canada.  Whether you are planning to visit, work, study or immigrate to Canada, you can be prohibited from entering with this type of criminal charge or conviction.
 
If an individual is considered inadmissible into Canada due to a criminal conviction, they would need to obtain a Temporary Resident Permit to be allowed entry.  If more than five years have passed since completion of an individual's sentence, they may also apply for Rehabilitation with a Canadian Embassy or Consulate. 
 
The U.S. is not quite as strict as Canada regarding criminal DUI convictions. Usually individuals convicted of a DUI or similar charge is not automatically considered inadmissible into the U.S.  If an individual has any previous arrests and/or convictions, they should be prepared to show documentation and to answer questions regarding the charge(s).  It is at the discretion of the Officer reviewing the visa application or the Officer at the port-of-entry or airport to decide if a person is admissible to the U.S.
 
Criminal convictions can also affect individuals applying for U.S. permanent residence or citizenship.  Depending on the severity of the arrest and/or conviction, as long as the individual is honest and forthright regarding their arrests and/or conviction(s), U.S. Citizenship and Immigration Services would most likely not deny these types of applications for this reason alone.
 
Please do not hesitate to contact Grzeca Law Group if you should have any questions relating to criminal inadmissibility into either Canada or the U.S.

Immigration law is a very complicated area of the law and if you or a loved one is currently facing possible deportation or removal, you should contact Attorney John L. Sesini as soon after the arrest as possible.  In the majority of the cases time is of the essence.  Depending on the specific case details, there is a chance the person arrested by Immigration and Customs Enforcement (ICE) could be removed from the United States before ever seeing an immigration judge.  Retaining a qualified attorney with criminal experience as soon as possible is essential for a person residing or visiting the U.S. illegally or a permanent resident with certain criminal convictions is always at risk of being arrested and detained by ICE. 
 
When contacting Attorney Sesini for the first time on behalf either about yourself or on behalf of a detained family member, please be prepared to answer a number of questions.  Some of this may include: the length of time the person facing deportation has been in the U.S.; whether or not the person is married to a U.S. citizen and/or has U.S. citizen children; the person's current status in the U.S.; and, any information regarding criminal convictions and/or arrests of the person facing removal is some of the most critical information to have.  What might seem to be a minor criminal matter can have very serious immigration consequences.  Many times even when a criminal matter is considered resolved, ICE still initiates removal proceedings.
 
If you or a loved one fear a previous conviction could potentially affect the renewal of your permanent resident card or a citizenship application please contact our office.  Attorney Sesini can determine if there are or will be immigration consequences for your conviction and if anything can be done to help you before you have an application denied or are placed in removal proceedings.

As expected, the Department of Homeland Security (DHS) has proposed to amend its regulations by rescinding the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor upon receipt of Social Security Administration no-match letters.  The amendments were blocked by court order shortly after being adopted and have never been enforced.
 
After further review, DHS has determined to focus its enforcement efforts relating to the employment of unauthorized aliens on increased compliance through improved verification, including participation in E-Verify, the ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs.
 
The proposed rescission was announced in the August 19, 2009 Federal Register, and comments must be submitted to U.S. Immigration and Customs Enforcement (ICE) no later than September 18, 2009.
 
Employers that received no-match letters prior to the first publication of the rule may still be considered to have constructive knowledge of an employee's unauthorized status if they failed to inquire into the possible causes for a no-match and to take steps to resolve it at that time.  In addition, once the rule changes are rescinded, the Social Security Administration may resume sending no-match letters to employers after a two-year hiatus.
 
Therefore, having a no-match policy and procedure in place and enforcing such a policy can still serve as a protection against liability for knowingly employing unauthorized aliens.  Employers should contact our office if they are interested in taking steps to adopt or revise their no-match policies and procedures.