Posted on February 28, 2014 in Immigration

U.S. Citizenship and Immigration Services recently released new guidance on health-related grounds for inadmissibility, which calls for stricter standards toward immigrants who have been arrested for driving under the influence. Before providing details on the new policy, however, an explanation of inadmissibility is given.

Inadmissibility in Immigration

For those who are not currently residing in the United States, and who wish to enter, they must be inspected to be ‘admitted’. Individuals will be examined by a Customs and Border Patrol officer at the immigrant’s place of entry to see if they fulfill the criteria set out by the Immigration and Nationality Act, and to ensure that they are not found inadmissible through a number of different grounds. A non-U.S. citizen can be denied admission into the United States or denied an adjustment of status to a lawful permanent resident if that person is found to be within one of USCIS’s grounds for inadmissibility.

Grounds for inadmissibility apply to non-citizens who have not been admitted into the U.S. People who have not been admitted into the United States include those who are seeking permission to enter the U.S. from an airport or seaport, people who entered the United States illegally, those who are applying for an adjustment of status to become a lawful permanent resident, and, in some cases, people who have committed some negative act within the United States, traveled abroad, and are now seeking re-entry.

Grounds for Inadmissibility

There are a number of ways one can be found inadmissible into the United States. These include health-related grounds, criminal grounds, national security grounds, those who have a record of undocumented entry, and a final classification called ‘miscellaneous,’ which includes people coming to the United States for polygamy, and those who have renounced their U.S. citizenship for tax purposes. You can find more details on grounds for inadmissibility here. For the purposes of this entry, however, we will focus on the health-related grounds for inadmissibility.

Health-Related Grounds for Inadmissibility

People who have a communicable disease that may pose a health risk to the public can be deemed inadmissible. Diseases that will prevent an immigrant from entering the United States include syphilis, cholera, and smallpox. All of the diseases that trigger inadmissibility are determined by the Secretary of Health and Human Services.

Through a USCIS policy change released earlier this week, however, if a non-citizen has an arrest for one DUI within the past 5 years, he or she will be tested for alcohol abuse disorders. If it is found that the person has an alcohol abuse disorder and that harmful behavior associated with the disorder is likely to recur, he or she may be deemed inadmissible.

This is a nuanced, but important change to USCIS policy that may affect many people. If you have any questions on inadmissibility or entry into the United States, contact Mevorah & Giglio Law Offices today.

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 Posted on February 28, 2014 in Personal Injury

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 Posted on February 28, 2014 in Family Law

Depending on whom you ask, divorce is both a modern contrivance and an ancient right. In Muslim and Jewish religious law, a divorce is fairly easy to acquire for the husband. If a wife wants a divorce, it is more difficult. However, in Western Civilization, dominated by Christianity in general and (at least in Europe) Roman Catholicism specifically, divorce was (and remains) forbidden. Since most of our law derives from England, why is divorce as prevalent in the US as it is? Why do nearly half of first marriages end in divorce in America?

According to an article written by Amanda Foreman and published in the latest issue of Smithsonian Magazine, women’s liberation gave rise to the notion of equitable divorce that is more freely available. But to state blankly that the perceived crisis in marriage is the fault of women is to misunderstand the history of divorce.

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 Posted on February 27, 2014 in Personal Injury

Many people have preconceived notions about certain dog breeds. For example, pit bulls, rottweilers, and dobermans are all breeds that generally have a negative connotation associated with them. In addition, many people consider larger dogs to be more dangerous than smaller ones. A recent article published by Post Crescent examined the stereotypes behind dog breeds and whether they are warranted.

Training by the Wrong Owner

The article suggests that perhaps the aggression of any particular dog has more to do with training by its owner than any inherent characteristics the dog itself possesses. Many of the larger breed dogs, including the ones listed above, are loyal to their owners, intelligent, and are easily trained, and thus it is not hard to imagine that the outcome could be poor when these dogs are raised by the wrong owner.

In fact, their reputations as being dangerous dogs could very well be a factor as to why they so often end up in the wrong hands. But, it is important to note that other dog breeds, besides those commonly thought of as dangerous, have been shown to actually be more aggressive than breeds such as pit bulls.

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 Posted on February 24, 2014 in Personal Injury

Tragic accidents involving semi trucks continue to occur in Illinois. The Daily Herald reported recently that a truck accident is being closely investigated by two federal agencies, after it caused the death of a tollway worker, and seriously injured a state trooper. The accident happened on I-88 in Aurora. Both the National Transportation Safety Board (NTSB) and the Federal Motor Carrier Safety Administration (FMCSA) started their investigations earlier last week.

The Crash

As the tollway worker and trooper were assisting a disabled semitrailer, they were struck by a truck driver. The truck driver, who is currently facing criminal charges, allegedly only slept for three and a half hours over the course of his 37.5 hour shift, during which he traveled through several states. He collided with both the trooper's and tollway worker's parked vehicles, despite the fact that their emergency lights were flashing.

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 Posted on February 20, 2014 in Immigration

Justin Bieber was recently charged with drunk driving and resisting arrest after police caught him street racing in Miami Beach. Justin Bieber told police he had not only consumed alcohol, but had taken prescription medication and smoked marijuana as well. Bieber and a friend were arrested while racing their Lamborghinis in a residential area, where they were going nearly double the speed limit.

Let us combine the story above with the Obama administration policy meant to focus the U.S. Department of Homeland Security on deporting criminals, while dismissing deportations of illegal immigrants who do not pose a threat to public safety. One question arises: Why has the U.S. not deported Justin Bieber? For those of you who do not already know, Justin Bieber is a Canadian citizen.

Since August 2011, the President has targeted criminal non-citizens for deportations, focusing on people who are involved with violence, drugs, or have criminal records. These deportations are carried out through programs like the U.S. Immigration and Customs Enforcement’s Secure Communities Program. This program uses existing information partnerships between ICE and other law enforcement agencies to pinpoint non-citizens that have a criminal record. The FBI and local law enforcement, for example, automatically checks fingerprints of arrested individuals against DHS immigration databases. If the checks reveal that the individual is removable, ICE can initiate removal proceedings. These proceedings are, of course, at the behest of ICE, which takes into account how significant a threat the individual is to public safety when determining whether to deport the individual or not.

As of July 2012, Obama has deported over one million illegal immigrants. This is significantly more than the deportations reported by Former President Bush under his administration. Unfortunately, some of these deportations have nothing to do with violent crime. Take the “tamale lady”, who was arrested in Sacramento County for trespassing. Why was she trespassing? She was selling tamales in the Walmart parking lot so she could buy food and clothes for her family. After being arrested, she was detained in jail for two weeks.

In a recent report from Berkeley Law School, it was found that the Secure Communities program disproportionately targets Latinos because it requires local law enforcement to submit fingerprints of those arrested that they suspect might be in the United States illegally. Thus, while the tamale lady may get deported for trespassing in a Walmart parking lot, Justin Bieber does not have to worry, despite drinking and driving, street racing, and doing drugs.

While Bieber is on an O-1 Visa, it can be rescinded if certain conditions are met, such as a conviction for violent crime or being sentenced to more than one year imprisonment. His visa may receive tighter scrutiny if he continues to violate U.S. law in the future, so Bieber should consider cleaning up his act.

If you have any questions relating to immigration or immigration law, contact an Illinois immigration attorney today.

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 Posted on February 20, 2014 in Family Law

The Huffington Post is reporting that the divorce of reality star Khloe Kardashian and NBA analyst and former basketball player Lamar Odom will be a significant story arc in the upcoming season of E! Entertainment Television’s hit reality show Keeping Up with the Kardashians. The couple married in September 2009, but controversy has wracked the relationship from the beginning. Amid accusations of infidelity on Odom ‘s part, as well as alleged cocaine and Oxycontin abuse, the couple filed for divorce last December. Kris Jenner, Kardashian’s mother, told the Huffington Post that the couple's’ troubles, Khloe’s trial in dealing with the relationship’s end, and the couple putting their $5 million mansion up for sale will all be covered in Keeping Up with the Kardashians’ upcoming ninth season.

Divorce is never easy, even when it seems that it is the right thing to do. But when large amounts of money are involved, emotions tend to cloud the judgment. It is easy to lose oneself in the mentality of “winning” versus “losing.” One may become reluctant to agree to anything out of sheer spite. A good way to avoid this kind of counterproductive thinking is to enter into a prenuptial agreement before getting married. If the time for that has come and gone, it is important to properly evaluate the worth of your assets before entering into divorce proceedings.

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 Posted on February 19, 2014 in Personal Injury

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 Posted on February 14, 2014 in Personal Injury

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 Posted on February 13, 2014 in Immigration

Infosys and U.S. immigration policy have a tumultuous relationship that gives just a glimpse at some of the big business interests behind the U.S. immigration system.

Infosys Immigration Fine

As we reported in an earlier blog, every year, companies rush to apply for H-1B employment visas because of the 65,000 yearly cap on visas the United States will award. Last October, the Department of Homeland Security and the State Department accused Infosys, an Indian company of bringing employees to the United States through B-1 visas instead of H-1B visas. B-1 visas are much easier to obtain, and are significantly cheaper, but are only meant for short business-related visits. They allow foreigners to enter the United States for short-term business conventions or consultations, for example, and can be obtained within a few days for under $200. H-1B visas, on the other hand, take several months to process, and cost roughly $2,000. Although the company denied the charges that it was fraudulently and intentionally using B-1 visas to cut costs, it settled the claim made by federal prosecutors for $34 million.

This settlement, which was one of the largest in U.S. history, has come along at a time when immigration policy is in flux, and U.S. employment numbers are low. Regardless of if Infosys hired employees through B-1 visas intentionally or did so accidentally, the action allowed Infosys to outbid other companies for programming projects. It also took employment opportunities away from others that should have had them.

Immigration Reform

With immigration reform on the horizon, it is reported that companies like Infosys have begun moving work overseas to avoid the potential increased visa costs and increased minimum salaries for H1-B visa holders. These companies argue that IT service companies will be harmed across the board if visa costs increase or there are directives for added U.S. citizen hiring.

For their part, U.S. policy makers have been trying to balance technology company requests for an increase of H-1B visas with new enforcement protections. While Silicon Valley has stated that there is a shortage of Americans with sophisticated technological skills, those in the House of Representatives are trying to protect American jobs.

With over 40 years of experience on immigration matters, if you have any questions regarding your employment status or visa in the United States, contact an Illinois immigration attorney today. We are here to help and confident in our ability to effectively represent you.

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