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BREAKING IMMIGRATION NEWS
5/25/2021 Issue
SEND THEM BACK
       Not to Mexico. To the USA.
         In recent years, under President Trump, when it became very difficult to apply for Political Asylum in the U.S., a great number of non-citizens (non-Americans) continued north through the U.S., all the way to the border with Canada, presented themselves at an official border crossing and asked for Political Asylum in Canada.
         Until a few days ago, Canadian border officials accepted the applications and let the asylum seekers into Canada to await the processing of their applications.
           Now a Canadian Court of Appeals decided that Canada does not have to admit those asylum seekers but can send them back to where they came from - to the U.S.
           So, if somebody has an asylum problem in the U.S., they can save themselves the trip to Canada. The problem will follow them.

WHERE HAVE ALL THE H-1B GONE?
 
           It used to be that even small businesses could obtain H-1B visas for foreign skilled workers such as accountants, engineers, coaches, teachers, etc. In recent years, it became very difficult for small employers, almost impossible.
           What happened?
           What happened are employment agencies from India. Statistics show that about 70% of all applications for H-1B working visas are filed on behalf of India IT (Information Technology) workers. Since the number of such visas is fixed and very limited, and the number of applications every year is 3 – 4 times larger than the number of available visas, and H-1B visas are distributed by LOTTERY between all the applicants – and if the pool of applicants is flooded by IT workers from India – it is clear that the LOTTERY would “favor” this type of applicant and most H-1B visas would be allocated to them.
           The small employer who is usually interested in only 1 or 2 workers and submits only 1 or 2 applications, has almost no chance of winning the lottery.
           A better system must be found for distributing fairly this precious type of visa.

INTERPOL TRYING TO GET YOU?

           INTERPOL is an international organization of national Police Forces. It does not have policing powers of its own. It serves only to exchange and distribute information from a Police Department in one country to Police Departments in all other countries.
           If you are in the U.S. as a non-American citizen, and the government in your country wants to “get” you, this one Police Department can send a Red Alert Notice to the INTERPOL which will distribute it to all countries, and when it gets to the U.S. – the U.S. ICE can “get” you: detain you and start deportation proceedings against you. And because of INTERPOL’s RED ALERT NOTICE you cannot even apply for political asylum.
        It seems there are too many such Red Alert Notices against non-citizens in the U.S. and many of them do not seem fair. So, the Biden Administration started to look into this matter, to decide to what extent it is necessary to honor these INTERPOL Red Alerts.

   DOUBLE RISK

           A non-citizen who obtained a two-year conditional Green Card by marriage to an American citizen must file an application to “remove the condition” and make the residency permanent.
           The normal application to remove the condition (Form I-751) is “joint”, by husband and wife. But if the marriage fell apart, the non-citizen can file a waiver application with explanations, why it is not the fault of the applicant that the marriage is no more. And there is the risk.
           Some non-citizens who find themselves without a U.S. spouse at that critical moment try to make their I-751 application “look better” than what it really deserves. The double risk is that the government will find them guilty of two immigration sins: one, that the marriage was not for real, a “sham”, and second, that the applicant lied at the I-751 interview.
           Conclusion: if you have a weak or flimsy application to remove condition (Form  I-751), you should not file it. It is better to let your Green Card simply expire without any official decisions against you.

NEW TPS

           TPS is “Temporary Protected Status” – permitting non-citizens from designated countries to stay and work in the U.S. for some time, because conditions in their home countries became very dangerous and the U.S. government feels it would not be fair or safe to send them back.
           The latest addition to the list of such countries (12 in total) is Burma, also known as Myanmar. Burmese people in the U.S. are now granted TPS for a period of 18 months. And after that? We will see then.

3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
(213) 383-3222
psg@immigrationguru.com