Our Successes Last Month

Mr. N was granted political asylum by the Baltimore Immigration Court, after BOILA successfully established he was not competent to stand trial due to mental difficulties.

Ms. A, a naturalized US citizen who was born in Pakistan, will now be able to have her brother join her in the United States because BOILA's I-130 appeal was sustained and her case was remanded back to USCIS for approval of the I-130 petition.

Mr. T's case was remanded by the Board of Immigration Appeals to the Baltimore Immigration Court after BOILA filed a second appeal that was granted by the Board in his case.  Pending FBI backgrounds checks, the Board's recent decision does not permit the Court any discretion to deny Mr. T's application for asylum.  His wife and child who were dependents on his petition will also finally be granted asylum. 

Mrs. M and her US citizen husband's I-130 petition was granted by the Baltimore USCIS District Office.

Mr. A's four I-730 petitions, filed on behalf of his wife and children, were approved, allowing them to come to the US as derivative asylees. 

Mr. T.E. was granted asylum by the Baltimore Immigration Court based on the likelihood he would face forced marriage in accordance with tribal customs in his native country.

 Startup up the "Startup Visa" Program

In a time where American economic growth has slowed because of increasing global competitiveness, it's time for members of Congress to revisit the Startup Visa Act of 2011 as a way to bolster the US economy and create new jobs in this country. The Startup Visa Act of 2011 will allow a foreign entrepreneur to obtain a two year visa if they have the necessary support from a US investor who is willing to support the startup project. After two years, the immigrant would be eligible for a green card.

The bill calls for three ways for the immigrant entrepreneur to gain entry including:

• Having the support of a $100,000 investment of a US Investor which after two years would lead to a green card if 5 jobs are created and $500,00 in revenues are generated;
• Having the support of a $20,000 investment of a US investor for an unexpired H-1B visa holder or graduate in engineering and technology residing in the US which would lead to a green card if 3 jobs and $100,000 in revenues are created after two years; or
• Having control of a foreign company which during the past year garnered $100,000 in revenue from the US which after 2 years would lead to a green card if 3 jobs and $100,000 in new capital are generated.

This is the second time the bill has been introduced as the bill was introduced in 2010 but was restricted to those that could receive the support of $100,000 from a US investor. The bill would not specifically create new visas, but rather use existing unused numbers of the EB-5 visa program. Given that there is a current ceiling of 5,000 EB-5 visas, with only 1369 being approved last year, this should not be a problem. Although the bill has bipartisan support, it is currently stuck in committee. In the 111^th Congress, the 2010 edition of the bill expired as it never left the Senate Judiciary Committee.

Although the EB-6 visa remains a potentially vital source for foreign direct investment in the United States, USCIS and Congressional leaders should learn of the weaknesses of the EB-5 program if the bill becomes law. Recently, the Obama administration has relaxed some of the provisions of the EB-5 program including an easier licensing process for the Regional Centers that are a critical component for the EB-5 program.

The Wall Street Journal noted that immigrants are nearly 30% more likely to start a business than a nonimmigrant. Congress should take note of this and realize that job creation won't come from big bank bail outs. The Congressional Research Service noted that last year, America saw a 30% decline in Foreign Direct Investment. The Startup Visa Act will help remedy this problem, and it is time for policymakers to act.

Adoptions of Russian Children to Resume 

Russian Foreign Minister Lavrov and Secretary of State Hillary Clinton - Photo Courtesy of Associated Press

After the April 2010 debacle in the American adoption of a Russian child, the United States and Russia have signed a new bilateral agreement to enhance the process to protect Russian children.
 

This new agreement will allow for adoptions of Russian children by American parents to resume following the suspension last year because an American women sent her ten year old child who was adopted from Russia back on a plane unaccompanied with a note stating that she no longer wanted the child because of his psychological problems.

The new procedural safeguards include requiring all adoption agencies to formally register with the Russian government. The Russian government must also approve every adoption unless the child is being adopted by a family member. All American couples must undergo psychological testing in order to adopt children and the Russian government will be able to periodically monitor the living conditions of Russian children living in the United States. All Russian children adopted by US citizens will also retain their Russian citizenship until they turn 18 years old. As part of the agreement, Russian adoption agencies are to provide information about the social and psychological history of each adopted child.

In the immigration context, families seeking to adopt Russian children will continue to file the form I-600a to classify a child as an immediate relative. Although the agreement has been officially signed by Secretary of State Hillary Clinton and Russian Foreign Minister Sergei Lavrov, formal procedures placed on the new agreement will not be in place until ratification by Russia's parliament, the Duma. 

Foreign adoption remains a combination of both domestic and international law. The Hague Convention on Private International Law has been ratified by 76 countries which seeks to establish safeguards in the international adoption process. Although Russia has been a signatory of the Hague Convention, it's parliament has never formally ratified the treaty. 

In 2007, Russia was the third country with the most international adoptions to the United States, with over 2310 Russian children being adopted by American families. 

Immigration Museum Proposal on the National Mall

Rep. Jim Moran (D-Virginia) and Rep. John Duncan (R-Tennessee) introduced a bill to Congress on July 7 that proposes the creation of a National Museum of the American People to be built on the National Mall. This bill, co-sponsored by 10 other members of Congress, calls for a presidential commission to study the idea of an immigration museum, which would cover the history of immigration, the role of immigration on the development of American society, and the migration stories of various ethnic groups.

This proposal comes in light of the recent trend of planning and building individual ethnic museums on the National Mall. A presidential commission on the possible creation of a Latino museum submitted its report to President Obama this spring. The Smithsonian is currently developing plans for an African-American history museum. Rep. Moran is a critic of such individual ethnic museums as he believes this does not serve justice in representing the "near infinite number of peoples that have come together to form one nation". However, he assures that the plan for an all-encompassing immigration museum would not obstruct the plans for individual ethnic museums.

The legislation is supported by over 130 ethnic and minority groups, including those of Arab, Jewish, German, and Chinese descent, and by more than 50 scholars. Rep. Moran has stated that the presidential commission and the museum's construction will not be funded by any federal taxpayer revenues, but rather from private donations.

The public opinion and response to the proposal has been mixed at best. There was optimism at the prospect of a museum that highlighted the important role of immigration from all ethnic groups in building American society. The idea of an immigration museum that encompasses the history of all immigrant groups symbolically presents the "melting-pot" of America that characterizes this nation. On the other hand, the legislation was not received without doubts and concerns. So far, national museums have not done a thorough job in covering the history of immigration and the story of each immigrant population. Select ethnic groups seeking to build their own museums do not have confidence in the National Museum of the American people to represent their stories and their role in American development sufficiently, and would rather build a museum devoted to their ethnic group. Another cause of concern is that this museum should focus in presenting the history of these immigrant groups from all ethnic groups and races. It needs to take caution and consciously work so that this museum does not become a simple celebration of foreign cultures; it must cater to the greater public so that people would be interested in coming to learn about how immigrant groups built and contributed to this nation.