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3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
Tel: (213)383-3222
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Do You Have an Immigration Problem, A Citizenship Question? Together, We'll Find A Solution
10/26/2021 Issue
         There is still no decision by the Senate PARLIAMENTARIAN whether to permit the Democrats to include PLAN “C” in their Budget Reconciliation.
           Reminder: Plan “C” is to grant LEGALIZATION to 7-8 million non-citizens, but with no PATH TO CITIZENSHIP.
           We hope to find out within the next 1 – 2 weeks.

           The Government Year, also known as the Fiscal Year, is from October 1 to September 30. The Fiscal Year 2021 just ended 3 weeks ago. The U. S. Border Patrol published that in the Fiscal Year just ended they apprehended (arrested) 1,660,000 migrants crossing (or trying to cross) illegally from Mexico to the U.S.
           This is more illegal entries than were ever recorded. Under President Trump the largest number in one year was about half, 860,000.
           Interesting – or ALARMING – is the fact that the record number cited above included at least 145,000 unaccompanied children (up to age 21), children without families.
           It does not matter why there was such an increase in illegal entrants. What matters is the consequence of such a flood: the government finds it very difficult to push for comprehensive reform of the immigration law as long as the American public believes that the government lost CONTROL of the border.
           What is worse, the government’s attention is devoted to the border and the Department of Homeland Security does not give attention and resources to improving its services to LEGAL immigration. A simple Family-Based petition (Form I-130) still takes 2 – 3 years to process.

           In the coming 1 – 2 weeks, the U.S. will lift travel restrictions from most countries to the U.S. – if the travelers show proof of full vaccination. This would include leisure travelers from Mexico and Canada.
           But somebody called me (from Russia) and asked if this relaxation would cover people vaccinated with vaccines not approved by the U.S., such as the Russian SPUTNIK V or the Chinese SINOVAX?
           My answer: I don’t know. Probably, yes.


           For Immigration Judges.
           The Trump Administration, in its efforts to increase deportations, imposed QUOTAS on Immigration Judges. The Judges were required to conclude at least SEVEN HUNDRED (700) cases per year, or face disciplinary action.
           A year has 52 weeks of 5 working days each, which gives 260 working days. From this, it is necessary to deduct vacations, sick
days, holidays and whatever days. The judge is probably left with 200 working days. This means that an Immigration Judge must conclude 3.5 Removal cases in every working day.
This is doable, if you simply deport everybody (and make Trump happy). But not if you listen to defenses, examine witnesses, review documents, check precedents, write reasoned decisions, and properly apply the law (and actually be a JUDGE).
           Now came the Biden Administration and cancelled these artificial quotas.
           Hallelujah to Biden.

           The Trump Administration, in its effort to find reasons and excuses to deny all types of applications, issued a rule that various actions done by a VISITOR within 90 days of arrival in the U.S. are always proof of MISREPRESENTATION at the entry and lead AUTOMATICALLY to denial.
           For example: if a visitor enrolls in school, or gets a marriage license, or fills out a job application, etc., etc., within 90 days of arrival – this proves that the visitor, at the port of entry MISREPRESENTED the purpose of the visit (because they truly intended to stay in the U.S. and not just VISIT). And this is a ground for AUTOMATIC DENIAL.
           Now came the Biden Administration and cancelled the 90 days rule. Visitors’ conduct after entry may still be proof of misrepresentation of INTENT at time of entry, but explanations will be accepted. Credible proof of CHANGE OF MIND could justify those “sudden” actions, even if done within less than 90 days.
           Hallelujah to Biden.

           The delays and long waiting times at American Consulates around the world, even for people with approved petitions, are intolerable.
           The Trump Administration “starved” the Department of State’s man-and woman-power. Also, the lockdowns of the COVID-19 were a problem. The current backlog of approved petitions is more than 500,000 (half a million).
           AILA, the organization of American Immigration Lawyers, recently urged the Department of State to hire five hundred (500) additional consular officers to staff the various consulates. This is what is necessary to “digest” the mountain of backlogged cases.
3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
(213) 383-3222