Obama's promising move on immigration

When the Obama administration last week announced its intention to review the cases of 300,000 immigrants ensnared in the nation's deportation process, as well as to institute new guidelines going forward — with the goal of distinguishing between those who pose threats to public safety from those who are merely in the country illegally — reaction reverberated along well-worn lines. Enforcement hawks denounced the move as amnesty; immigration doves responded warily, worried that it would substitute for more comprehensive efforts to fix the nation's broken immigration system.

Both sides have reason for concern. Nevertheless, failing to please the extremes in this debate is hardly proof of failure. In fact, this is a sensible plan that offers at least temporary relief for deserving students, veterans, the elderly, crime victims and those with family — including same-sex partners — in the United States. It should not substitute for broader reform, but it will relieve some needless suffering until such a measure passes, as it must.

Among those who will receive the benefits of the administration's action are so-called DREAM Act students, young men and women in the country because their parents brought them here as children and who now are enrolled in American colleges and universities. To deport these students after investing in their education is neither smart nor compassionate; Obama's policy will effectively allow them to stay, at least for a time, by acknowledging the obvious fact that they are more desirable than immigrants who have committed crimes while in the United States. Illegal immigrants who have served in the U.S. military would receive the same protection.

There are other benefits as well. Backlogged immigration courts can clear some of their dockets and give more attention to serious criminals, those whom this country is most eager to be rid of. And they can tend to the details of those who fear persecution in their home countries and thus may be deserving of special protection here.

Those who see this as amnesty misconstrue the president's immigration record to date. The Obama administration has spent more money and assigned more boots to patrol the border with Mexico than any previous administration. It has deported nearly 1 million people. This is not an administration that is soft on illegal immigration.

But there's a difference between being strict about the nation's borders and dumb about the oversight of those who already are in the country, obeying its laws, working and paying taxes. Recognizing that it's impossible to expel every person who is here illegally, this policy directs the nation's deportation efforts away from those who are contributing to society and toward those who are degrading it.

Last week's announcement should be the beginning of a debate, not the end of one. The lasting fix, as all reasonable participants in this conversation acknowledge, would be for Congress to pass legislation that secures American borders while providing a route for those here illegally to seek citizenship. President George W. Bush gamely pursued that course with the aid of such ideologically diverse but practical members of Congress as Sens. Edward M. Kennedy and John McCain (back when Kennedy was still alive and McCain was still practical). With this important action behind him, it is now Obama's turn to, of all things, follow Bush's lead and deliver where his predecessor fell short.

How to become Permanent Resident of the United States

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United States lawful permanent residency refers to a person's immigration status: the person is authorized to live and work in the United States of America on a permanent basis.

A United States Permanent Resident Card (USCIS Form I-551), formerly Alien Registration Card or Alien Registration Receipt Card (INS Form I-151), is an identification card attesting to the permanent resident status of an alien in the United States. It is known informally as a green card because it had been green in color from 1946 till 1964, and it has reverted to that color since May 2010.
Green card also refers to an immigration process of becoming a permanent resident. The green card serves as proof that its holder, a Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the USA. The holder must maintain permanent resident status, and can be removed from the United States if certain conditions of this status are not met.

Green cards were formerly issued by the Immigration and Naturalization Service (INS). During a re-organization process, that agency was absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS), part of the Department of Homeland Security (DHS). Shortly after that re-organization, BCIS was renamed to U.S. Citizenship and Immigration Services (USCIS), which still retains the responsibility for issuing green cards.

Permanent residents of the United States eighteen years of age or older must carry their valid physical green card itself at all times

Most Common Visas to the United States

Most common visas to United States are travel visa B-2, student visa F-1, and work visas H-1B and L1. Immigration visas, that will allow you to get a permanent residency permit (Green card) are C, O, K-1.

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Visa Type	Dependent Visa	Description
A		Diplomat, Foreign Government Official
B-1		Visitor's Visa (Business)
B-2		Visitor's Visa (pleasure, tourism)
C		Aliens in Transit Visa
D		Crewman
E1		Treaty Trader (1)
E2		Treaty Investor (1)
F1	F2	Foreign Student Visa, Dependent cannot work
G		International Organization Employee
H-1B	H4	Work Permit [Temporary Worker] Dependent cannot work
I		Foreign Information Media [Journalism]
J1	J2	Exchange visitor/scholar/doc. Student can work off-campus if International Student Office gives a letter of authorization. May be subject to 18 months presence in the home country requirement. Dependent can work but needs to get the permission from INS
K1	K2	K1 - for direct fiancee of US citizen K2 - for children of fiancee
L-1	L-2	Intra-Company Transferee
M		Vocational Student
N		Parents of certain Special Immigrants special immigrant status (retired officers/employees previously accorded G-4 visa status)
O		Aliens of extraordinary ability in the sciences, arts, education, business or athletics
P1	P2	Renowned artists, entertainers and athletes coming for internationally recognized or culturally unique performances
Q		Participants in international cultural exchange programs which provide practical training, employment and which involve the sharing of history, culture traditions of the applicant's country
R		Certain religious workers
NATO		Representatives and staff of member states of NATO

(1) - USA has a Trade Treaty with some countries, according to which professionals from these countries can work in United States. Among these countries are Armenia, Azerbaijan, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Moldova and Ukraine

Aliens of Extraordinary Ability

"Aliens of extraordinary ability" (EB-1A) is an achievement-based opportunity for a green card.  This category is available for those individuals who have risen to the small percentage at the very top of his or her field. There is both a temporary version of this visa (called an O-1 visa) and a permanent (i.e., green card) version.
This page gives an overview of only the green card version of "aliens of extraordinary ability."  For temporary work visa options, please see our O-1 visa page. The eligibility for both the temporary and permanent options are similar, but are not exactly the same.

Qualifications of an Alien of Extraordinary Ability

Unless you have won a Nobel Prize, an Oscar, or a similar internationally recognized award, you must meet at least 3 of 10 alternative criteria:

• Lesser nationally or internationally recognized prizes or awards
• Membership in associations that require outstanding achievement (as judged by recognized experts)
• Significant published material (written by others) about you and your work
• Service as judge of the work of others in your field
• Major contributions to your field
• Scholarly articles or publications
• Artistic exhibitions or showcases
• Leading or critical role for distinguished organizations
• High salary or remuneration (compared to others in the field)
• Commercial success in performing arts

Note: You can also use "comparable evidence," but most achievements and awards fit within the existing criteria.
http://lawofficesca4.law.officelive.com/Person.aspx

PERMANENT RESIDENCE IN THE UNITED STATES

Once the USCIS has approved your employer’s petition, you are granted a “priority date” which is your place in line for a green card. Since the number of green cards which are issued are numerically limited by country and by category, waiting lines sometimes develop.

Most persons qualifying for permanent residence through employment may apply for green cards without leaving the U.S. You must demonstrate to the USCIS that you qualify for adjustment of status and that you do not fall within any of the “excludable” categories. For example, persons convicted of serious crimes seldom qualify for green cards.

Your spouse and children may obtain green cards at the same time as you do. Most of time, no personal interview is required for persons who adjust their status based on an offer of employment.

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Encouraging Entrepreneurs and High Skilled Workers to Bolster the U.S. Economy

                                                            By Director Alejandro Mayorkas

The United States has a long, rich history of welcoming innovative entrepreneurs and skilled workers into our country. These men and women fuel our nation’s economy by creating jobs, and promoting new technologies and ideas. Today, I joined Secretary of Homeland Security Janet Napolitano and outlined a series of new policy, operational, and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs here in the United States. Learn more at:http://lawofficesca4.law.officelive.com/default.aspx