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6-01-10
NCLS Newsletter
UP TO THE MINUTE
“Current Immigration Updates Questions & Answers (Q. & A.)”




POLICE CHIEFS BLAST ARIZONA LAW (SB 1070)

By

KEVIN M. TRACY, ATTORNEY AT LAW, SPECIALIZING IN INTERNATIONAL IMMIGRATION

 

            A delegation of police chiefs from across the country (Arizona included) met with Attorney General Eric Holder to deliver the message that enforcing Arizona’s law (SB 1070) will divert precious law enforcement resources away from fighting crimes and break down the trust that police have spent  years cultivating with local communities.  Attorney General Holder is considering filing a legal challenge against Arizona’s controversial law, which makes it a misdemeanor to fail to carry proper immigration documents and encourages police to determine a person’s immigration status.  According to reports, Holder gave no indication when or if he would challenge the law, but said, “There will be a decision coming soon on some of the federal issues associated with this law.”

 

            There are already a slew of pending lawsuits against Arizona’s new enforcement law—many of which claim that the law is an “impermissible encroachment into an area of exclusive federal authority and will interfere and conflict with the comprehensive federal immigration system,” that is enforcing federal immigration law is not the job of state and local police.  In addition to the many who are worried about the potential for racial profiling, the police chiefs claim that Arizona’s law will not only make it more difficult to do their jobs, but also increase crime rates. If that happens, “we will be unable to do our jobs,” said Los Angeles Police Chief Charlie Beck.  “Laws that will actually increase crime, not decrease crime.”  The police chiefs also worry about the potential costs associated with SB 1070—the potential costs association with implementation and the overall cost to the state. The new law “puts Arizona law enforcement right in the idle” at a time when police budgets are already in crisis, said John Harris, president of the Arizona Association of Chiefs of Police.

 

            On the flip side, they may sit side by side on the border, they may share historical ties to Mexico; they may have once even been part of the same territory, but Arizona and New Mexico have grown up like distant siblings.  People on all sides of the immigration debate have taken notice.

 

            “If a burglar breaks into our home, do you serve him dinner? That is pretty much what they do there with illegals (New Mexico),” said State Representative John Kavanagh of Arizona, a Republican.  Mr. Kavanagh is one of the staunches supporters of the new law there, which will give the local police broad power to check the legal status of people they stop and suspect are in the country illegally.

 

            But Frank Sharry, executive director of America’s Voice, a liberal group in Washington that advocates reworking immigration law, offered New Mexico as a model of balancing a push for border security.  Mr. Richardson (New Mexico’s Governor) once declared a state of emergency there with coping with the illegal immigrants in this country.  “Richardson has got it,” Mr. Sharry said. Why the difference?

 

            First, New Mexico has the highest percentage of Hispanics of any state, about 45 percent, compared with 30 percent in Arizona, and they historically have commanded far more political power than their neighbors do. The New Mexico Legislature is 44 percent Hispanic, a contrast to the 16 percent in Arizona.  Both were one part of Mexico and, later, the same United States territory.  But since they became states in 1912, New Mexico has had five Hispanic governors (including Mr. Richardson, whose mother is Mexican), and Arizona has had one, according to the group.

 

            New Mexico’s legislators embrace the civil rights protection in the State’s Constitution, including so-called unamendable provisions akin to a Bill of Rights that historically protected Spanish-speaking citizens of the former Mexican territory, and often mount a ‘protective stance” toward immigrants regardless of legal status.  “When the community at large feels threatened, folks close ranks and join in solidarity to protect the group.”  Arizona Latinos have struggled to assume the same kind of a power in a state where a greater influx of Anglos over the decades has diluted their strength.

 

            Here is a solution. Every state that has been stolen from the Mexico to the U.S. should legalize their Mexican people as U.S. Citizens automatically.  That would include Colorado, Idaho, New Mexico, Arizona, Texas, and California.  This should solve much of our immigration problems.  If you have suggestions or comments, please do hesitate to contact us at 800-748-6555.  Call Today.  Also, ask about our Notification of Rights card that everyone should have with them in case of an encounter with a member of ICE or a Border Patrol Agent combing throughout the county.

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LETTER OF REMEDIES

By

KEVIN M. TRACY, ATTORNEY AT LAW, SPECIALIZING IN INTERNATIONAL IMMIGRATION

 

 

With the ever present fear of being stopped by Immigration and Customs Enforcement, ( ICE ) it might be in an individual’s best interest to have something available to present to the officer from immigration so that he or she understands what rights are available to the individual being stopped so that an immediate removal from the United States is prevented.

 

Many times individuals have certain legal remedies available to them and either they are not aware of what those remedies are or do not know how to explain it to the officer who is questioning them. To that end I have come up with a simple solution. A letter from my office explaining to whomever is reading it exactly what the individual being temporarily detained wishes to do should he or she be stopped or turned over to immigration for being in the United States illegally.

 

Please understand that this letter does not guarantee that immigration will not take you into custody, but it will explain to the official certain information and ask that you be allowed to contact your attorney and also presents to the official certain elements that make you eligible for various forms of relief.

 

By having this letter on your person it gives you the opportunity to let your position be known, it informs the official that you in fact want to see a judge, and also lets the individual know that you have immediate family members who are either Lawful Permanent Residents or United States Citizens who depend on you for support.

 

Do not allow yourself to be in a position where you are not able to express yourself, and as a result be forced into signing a document that gives immigration the permission to return you to your country of citizenship.

 

Now is not the time to let your guard down. Now is the time to give yourself the edge that other people in your situation do not have.

 

 

Call us with your questions, ideas, whatever is on your mind.  Call at 800-748-6555.  If you make an appointment with a lawyer, your consultation will be free if you say you read it in El Semanario.


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IMMIGRATION REFORM COULD BE LOOKING ON THE HORIZON

      By

 

                 KEVIN M. TRACY, ATTORNEY AT LAW SPECIALIZING IN INTERNATIONAL IMMIGRATION

 

            The past week the media has been giving us some good news coming from Capitol Hill, Washington, DC.  Immigration Reform might just become and issue without all of the negatives comments that we have had to listen to the past two years. One of the loudest against Immigration Reform was Senator Tancredo of Colorado.  Well, he got voted out of office, and when he went to a rally in his State where people were protesting high taxes, he was booed off the stage and out of the venue.  That’s what happens when someone who spouts racism over and over again.  This country is not about racism, it is a melting pot of immigrants from all over this earth.

 

            The new chairman of the Senate immigration subcommittee vowed last week to take on comprehensive immigration reform in this session of Congress.  Sen. Charles Schummer, D-NY, who took over the Judiciary Committee’s panel on immigration and border security in February said, “I pledge that I will work and work and work and work to strike the right balance and achieve the critical reforms to our immigration system that the American people are asking us to do.”  Republicans and Democrats on the same subcommittee said they were happy that President Barack Obama this week called the issue a high priority for his administration and urged Congress to begin the process of a sweeping immigration bill.

 

            Recent polls have shown that nearly 60 percent of Americans want Congress to address the difficult issue.  “This will be very, very hard to do, make no mistake, “ Schummer said.  “But we have to try, for the sake of our country.”  Sen. Jon Kyl, R-Ariz. Said, “Congress needs to take action soon on a bill to beef up border security, offer a path to citizenship to illegal immigrants and improve the ability of employers to verify workers’ immigration status.  It is significant that he (Kyl), Sen. John Cornyn, R-Texas, and Sen. Dianne Feinstein, D-Calif., were in agreement on that course of action.

 

            Expert witnesses told the panel that the reform must happen or the nation’s economy and safety will suffer.  “America will be strengthened by a rational and sensible approach toward this issue,” said Jeff Moseley, president of the Greater Houston Partnership, a business group that sees immigrants as crucial to meeting the labor demands of American employers.

 

            The Obama Administration is clearly in sync on immigration today, announcing initiatives that pave the way for immigration reform.  He also unveiled a $27 billion plan for border and transportation security – part of the 2010 budget he planned to present to Congress on M7 07, 2009. The President’s budget plan goes beyond smart  enforcement strategies to recognize the importance of investing in immigrants. Among the priorities of the 2010 budget is increased funding to reduce exorbitant application fees and improve processing of immigration applications.  Additional funding will created jobs for 28 immigration judges, an important first step in dealing with the long neglected backlog of pending immigration cases.  

 

            “The Presidents budget will also make critically needed investments in infrastructure that move us closer to an agency that operates in real time, rather than one that is bogged down in bureaucratic delays and inefficiencies. While these initiatives begin the process of fixing our broken immigration system, they must be conducted in tandem with legislative efforts to further reform the system.  Until we squarely address the concerns of millions of immigrants who have no means to legalize their status, reunite with families, and fully integrate into our country, we will fall short of true progress,” said Ben Johnson, Executive Directo4r of the American Immigration Law Foundation.

 

            This is all very exciting news.  But you must remember the words of everyone for immigration reform.  “The new applicants must go to the back of the line”.  Why don’t you become someone who is already in the line, if you are not already.  All you have to do is pick up your phone and call us at 1-800-748-655.  My trained staff is ready with the answers on how you can secure a place in the line, before the huge rush and back up begins.  CALL TODAY!!!!  OR EMAIL US TO sjeannette@ncls.net with your questions.  We will be happy to help you find a resolution to your place in the line.

 

Susan M. Jeannette, President

North County Legalization Services, Inc.

Immigration Processor for

Kevin M. Tracy, Attorney at Law

858-481-0822

800-748-6555

858-755-9039 (Fax)

sjeannette@ncls.net

 

 

 

KEVIN M. TRACY, INTERNATIONAL IMMIGRATION ATTORNEY

 

            On May 23, 2007, then Senator Barack Obama made a statement on the U.S. Senate Floor.  He stated, “The time to fix our broken immigration system is now…We need stronger enforcement on the border and at the workplace…But for reform to work, we also must respond to what pulls people to America….Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs we should.”

 

           President Obama’s immigration policies are stated as such:  “For too long, politicians in Washington have exploited the immigration issue to divide the nation rather than find real solutions.  Our broken immigration system can only be fixed by putting politics aside and offering a complete solution that secures our border, enforces our laws and reaffirms our heritage as a nation of immigrants.”

 

            This is his agenda:

 

1.                   Create Secure Borders:  Protect the integrity of our borders.  Support additional personnel, infrastructure and technology on the border and at our ports

of entry.

           

2.                   Improve Our immigration system:  Fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill.

 

3.         Remove Incentives to Enter Illegally:  Remove incentives to enter the country

            illegally by cracking down on employers who hire undocumented                                               Immigrants.

 

4.             Bring People Out of the Shadows:  Support a system that allows          undocumented immigrants who are in good standing to pay a fine, learn English, and

go the back of the line for the opportunity to become citizens.

 

5.             Work with Mexico promote economic development in Mexico to decrease illegal immigration.

 

            This sounds like a solid solution to our ongoing problems here in the U.S.  We would all like to see this issue come the fore front sooner, rather than later.

I strongly suggest that people who are not documented should start saving their money, because there is a lot of talk about a substantial fine for those who are the U.S. without documents.  The talk is that it will be $2,000 per person.  Our immigration system would benefit extremely well by charging $2,000 per person.  Some say there are 12 to 14 million people without documents here in this country.  You do the math.  That money would help to secure our borders and help to promote economic development in Mexico to decrease illegal immigration.

 

            Please call 1-800-748-6555 with your questions or comments.  We love hearing from our readers.  Call today.         

 

 

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                 REPORT FAULTS HOMELAND SECURITY’S EFFORTS ON IMMIGRATO 

By

 

    LAW OFFICE OF KEVIN M. TRACY, SPECIALIZING IN INTERNATIONAL IMMIGRATION

 

            An immigration policy group released a report that the Department of Homeland Security’s immigration mission has been undermined by wasteful spending along the southern border; law enforcement efforts that focused on snaring illegal workers, rather than high-risk criminals; and an often hostile bureaucracy that discourages people eligible for legal entry from playing by the rules.  This new report, largely a portrait of dysfunction, comes when President Obama faces increasing pressure from Hispanic groups, who played a critical role in his election, to break with the aggressive immigration enforcement strategies of the Bush Administration.  Those groups have called on the President to push for comprehensive legislation that balances law enforcement with the opening of new legal pathways to citizenship.

 

            In the report, the nonpartisan Migration Policy Institute cautioned that such legislative action remained “politically complex and sensitive,” an assessment that came after discussions with high-level immigration officials who served under either President Bill Clinton or President George W. Bush or are now working in Mr. Obama’s administration.  The report reflects of the views of its authors.  The report’s authors offered 36 recommendations that they said would allow the new administration to deliver on its promise to make change without being forced into a politically costly fight in Congress.

 

            For example, the report calls on the Department of Homeland Security to suspend the construction of a security fence along the Mexican border, which the Government Accountability Office found HAS COST $4 MILLION PER MILE, until a review can be made of its effectiveness in preventing illegal crossings, as well as its impact on the environment, commerce and relations among border communities.  The report also recommends that the Homeland Security Department rely less on workplace raids and favors expanding employment verification systems.

 

            “Not only area we not talking about comprehensive immigration reform, we are not talking about anything that requires any further restructuring,” said Doris Meissner, and author of the report and former commission of the Immigration and Naturalization Service.

 

            During his campaign, Mr. Obama promised Hispanic groups that he would push for comprehensive changes in immigration policy, and he named a team to work on the topic during the transition.  Two weeks ago, the homeland security secretary, Janet Napolitano, issued a directive calling for broad review of immigration policies that touched on many of the concerns raised by the report recently released.

 

            A Hispanic leader close to the transition immigration team said that its discussions had been “vigorous” with several aides warning the President that the recession had made immigration an even thornier issue, and others arguing that no plan for economic recover would work in he long term if it did not include laws to regulate the status some 12 million illegal workers.  Yes, workers.  These 12 million people are still working.  Why?  Because they believe in hard work and have made commitments to the companies who have hired them.  They will work longer hours, take pay cuts, in order to have a job and take care of their families.  We hear of this entire belly aching by U.S. workers that pay cuts and longer hours are not acceptable.  U.S. workers would rather collect their Unemployment checks, where in they get 2/3rds of their earnings to stay home. They no longer have the expense of a commute, lunches, grooming for the job, etc.

 

            “The conventional wisdom is that the economy makes this a difficult issue,” said Janet Murguia, president of the National Council of La Raza.  “I think there’s also some countervailing wisdom that says how can you have a debate on jobs without talking about the 13 million people who are here (and working) without documents.”  This author dares Congress to hold hearings with Immigration Lawyers who specialize in doing Labor Certification applications where an employer sponsors a worker for a job in the near future.  Bring the Department of Labor’s arm of Labor Certification to testify.  All across the country employers are sponsoring workers, ads are placed in the local newspapers, on line at the Department of Unemployment for each state and other on line outlets for job hiring.  Rarely do we get a U.S. worker wanting to work a full 40 hours per week at a job.  The wages we advertising are called “Prevailing Wages” established by the U.S. Department of Labor. They are usually higher than the regular works in that area of employment.  

 

            Today, we got back two Prevailing Wages. One was for a cement mason foreman at over $29.00 an hour; and the other was for a general laborer in masonry with only three months experience at over $14.00 an hour.  You can see for yourself that the DOL has set a standard not to jeopardize US workers.  They jeopardize themselves.  They simply do not want to work.  We recruit 40% of our high tech workers from overseas, because most people in the US do not take the training required for these jobs.  Our working society is very lazy at this time.  We have to consider the 12 Million illegal workers.  If they must be let go, our economy will burst below depression levels of 1929.  It would be a disaster felt all around the world. Those workers are contributing to the economy.  They pay taxes. Some of them health insurance offered by their employers.  It is time the American people and those running this country got their heads out of the sand and saved this great nation of our.

 

            While I am on my soap box, while are we still giving foreign aid to thriving counties, such as Japan.  All foreign aid should cease until this country has a balanced budget and is stabilized. I would like some of that aid.  I would like my company to be bailed out.  Why do I have to be a crooked banker in order to get a bail out?

PLEASE CALL 1-800-748-6555 if you would to ask questions or offer input into this conversation.  Or you can email me at sjeannette@ncls.net.  Thanks for reading our articles. Your phone calls are important to us.  It tells us what is on your minds and how we can be of more help.

 

 

 

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LESBIAN, GAY, BISEXUAL, TRANSGERRED INDIVIUDALS AND IMMIGRATION RIGHTS

By

KEVIN M. TRACY, ATTORNEY AT LAW SPECIALING IN INTERNATIONAL IMMIGRATION

 

             2008 was an historic year not only because we elected an African American into the Presidential seat but also because of the fight of Lesbian, Gay, Bisexual and Transgendered (LBGT) community.  Proposition 8, which reserves marriage only between a man a woman passed and thereby ruled against marriage rights of the LGBT community.  It’s impressive to see that in a country that is known all over the world for being a pioneer in civil rights for all it’s people, the gay community is still struggling to reach complete equal rights. 

 

Luckily, Proposition 8, only goes this far and is close to fully giving the gay community full rights.  While this is a setback for the LGBT community, the United States is still a country that understands that other countries hate, persecute, torture and kill individuals from a particular social group that has a different sexual orientation not considered acceptable by their society.  

 

In other countries, a person’s certain same sex sexual orientation is considered not only a sin but a crime punishable by death.  Non heterosexuals around the world hide and conceal their identity preventing a full and happy life due to fear of what may happen to them.  Others, not so lucky, are found out and persecuted, beaten, raped, tortured and killed once they either choose to “come out” or our “found out” by other social or political groups.

 

While this State has voted yes on Proposition eight, this country has continuously given political asylum of refugee status for these poor individuals who have suffered in their respective countries for their sexual orientation.  United States Citizenship and Immigration Services (USCIS) has continuously understood that other countries are not tolerant of the LGBT community and what these individuals have to endure throughout their lives.

 

USCIS as part of homeland security can help the gay community by extending political asylum and refugee status to the LGBT community when they are faced with this situation.  USCIS understands that individuals in ANY country cannot endure this type of discrimination, hate and inhumane treatment.

 

Our office has helped individuals AND their family members ask for political asylum with success.   We are not only able to inform Immigration Services of your need but also make a strong argument of why this country should give you asylum and subsequent legal status in this country.  No one should have to endure hate for their sexual orientation!  Immigration Services knows this and so does our office.  We can help you gain legal status no matter in what country you were born.

 

Many of us don’t know that we have the opportunity to a happy and fulfilled life no matter what our sexual orientation.  Because we have been through hate and intolerance does not mean we have to limit our potential for happiness.  If you are reading these and find yourself in a situation described above, please seek help. 

If you should ever need any assistance, please feel free to contact our office for a free consultation at I (800) 748-6555 or (858) 481-0822. Be sure and tell us you read this article in El Semenario in order to have a free consultation.

 

In addition to our immigration services, we have aligned ourselves with a State of California Civil Attorney who can help with anything that is not Immigration related.  So, please call as soon as you can.  You may never know when you might need us.

You  can also email llopez@ncls.net to insure confidentiality regarding your particular circumstance. 

 

Call 1-800-748-6555, my trained staff will assist you with the proper paperwork.  Don’t think that because your country didn’t give you asylum, the United States and its immigration branch will treat you the same way.  Stay positive and informed about your rights as a member of the LGBT community.  Remember that we are all human beings and eventually we all deserve to be treated with respect and to live life without fear.

 

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BE SURE YOU KNOW THE CANDIDATE BEFORE YOU VOTE

 

            First, let’s start with Senator John McCain, a Republican.  He has served our country as a politician for 37 years.  He co-authored the Comprehensive Immigration Reform Act along with Senator Ted Kennedy two years ago. Unfortunately that law did not pass, but we know he is pro-immigrants.  Certainly, he will address this issue from early on.  The Democrats were for CIRA, and the old guard Republicans stalled it. Fortunately those people were not re-elected. With McCain we will have a bi-partisan government.  McCain, the Republican will have to deal with a majority of Democrats.  That is not so bad, especially if you are a Democrat voting for a Republican like many of us are.

 

            McCain is a married man with six children.  One child was adopted after his wife Cindy brought her home after an Asian trip. He and his vice presidential candidate are both Pro-Life.  That is a good thing,

 

McCain is a Vietnam War hero who spent five and a half years imprisoned by Viet Cong.  He was offered an early release because his father was a Senator, and he turned it down to take his turn in the line.  If you know anything about the Vietnam War those prisoners were tortured on a daily basis.  They hardly had any food.  John learned to survive in the prison camp.  He kept his antennae up to protect himself and the other prisoners.  To this writer it tells a lot about how he would act as a President.  He has guts and it takes guts to run this country. Some say he is too old.  Did you know that human beings reach their wisest age at 80 years old?  

 

McCain has chosen a smart, and the most well liked Governor in this Country, Sarah Palin.  She is down to earth.  She cuts budget costs.  She had a chef at the Governor’s mansion that she said they did not need. She and her husband alternate the cooking for the family. She sold the Governor’s private jet on e-bay.  She is a pilot, the mother of five children, one with Down Syndrome. She is a role model to all mothers in this country.  When she has to be gone, her husband takes over and runs the household.  There are no nannies.  Her children frequently travel with her while she is taking care of Government business.  She is an awesome multi-tasker and is being mentored by Henry Kissinger on foreign policy.  Henry Kissinger is the “king” on foreign policy and is responsible for opening communication between the US and China many years ago.

 

Second, let’s examine Senator Barrack Obama.  Senator Obama has made many mistakes along the way.  He should have chosen Hillary Clinton as his running mate.  He has made a lot of women angry for not choosing this brilliant woman.  He wants to raise taxes.  He never introduced a piece of legislation while he was a State Senator and he has not introduced any piece of legislation now that he is a U.S. Senator.  He has no experience for this job.  He speaks well and that is what dazzles people.  He has kept quiet about immigration.  He has admitted to doing cocaine, a very addictive drug.

 

I can remember taking a cruise right after George Bush was elected for a second time.  There were people on the cruise from countries around the world.  When they would find out I was from the United States, they would say, “What is wrong with you people for re-electing that man into office”?  He took our country down and Obama with no experience or plan will lead us deeper into the darkness.  This is the super power of the world, and we are electing leaders who have no idea how to run a country.  They have never run a business.  At least John McCain has an impressive military career and ran the troops he was given during the war.

 

This is a quote from a woman in the United Kingdom. “You have to pinch yourself – a Marxist radical who all his life has been mentored by, sat at the feet of, worshipped with, befriended, endorsed the philosophy of, funded and been in turn funded, politically promoted and supported by a nexus comprising black power anti-white racists, Jew-haters, unrepentant former terrorists and Chicago mobsters, is on the verge of becoming President of the United States. And it's considered impolite to say so!"

-         Melanie Philips,  The Spectator ( UK ) 10/14/08

Obama sought out the Rev. Jesse Wright and was a member of his church for twenty years.  He was married to Michelle there and his two children were baptized in the church. Rev. Wright is pro black power, anti-white racists and a Jew hater.  He has preached that from his pulpit the entire time Obama was a member of that Church.  He sought out a man named Ayers who belongs to the Weathermen and stated he was sorry he was not at the Twin Towers implosion, because he would have made sure other people were killed at the same time.  This man is an unrepentant terrorist.  Obama has not chosen well for us to elect him to the highest office in this country.  He will produce his birth certificate. When he registered in an Illinois elementary school the intake sheet said he was Indonesian citizen.  Are we all so stupid that we follow like sheep over public speaking abilities?

NOW IT IS YOUR TURN TO DECIDE WHO WILL LEAD THIS COUNTRY FOR THE NEXT FOUR YEARS

Call us at 1-800-748-6555 and let us know your thoughts.  If you have not decided which candidate is the best, this writer is voting Republican as a registered Democrat.  I foresee more crises in this country than the ones we have been through.  I see this country losing its super power status, while we are being laughed at around the Globe.  Please make a good choice for this country.  It is up to all of the US citizens to make sure they vote on November 4th, 2008.

 

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SOCIAL SECURITY IS ALMOST BANKRUPT

By Kevin M. Tracy. Attorney at Law, Specializing in International Immigration

 

 

            Often we hear in the media or through other outlets, that Social Security is almost bankrupt and will not have enough money in their fund to cover the upcoming “baby boomers” when they come of age.  “Baby boomers” are children born after World War II ended and include people born up till 1965.  Some people chose to retire as early as age 62, while others wait for full retirement at 65 or 66 years old. Where is the government going to find the money to cover all of these people once they reach the age of retirement? 

 

            A good source for Social Security to rebalance their books is from the 12 million illegal immigrants here in this country.  If the government established a Guest Worker program those 12 million people would be legally paying into Social Security.  Another way would be to increase the visa numbers in the family and employment categories.  These increases would immediately fill the gaps that are being left because the Social Security System is now under funded.  These suggestions would have a huge trickle down effect that would stabilize Social Security for many years to come.

 

            The problem with most of our politicians is that they are wearing blinders.  They cannot add 2 + 2.  The reason we have more than 12 million undocumented workers is that there are jobs that U.S. citizens or authorized workers will not do. If we listen to our representatives who want to bundle up all of those people and send them home, than our U.S. economy would be drastically affected.  Not only, would employers not be able to fill the jobs left vacant by the undocumented workers, they would most likely go out of business.  If you have a politician that cannot see this, then this person should not be in office.

 

            If a politician cannot see the impact of 12 million more people contributing to the Social Security System, than this person should not be representing us in Congress.  We will never ever be able to secure our borders.  The smugglers will just try a new way to get people in, and they will charge more money to smuggle some one into this country.  Why not fine the “law breakers” who entered the country illegally what they would pay a smuggler?  They are many people who break the law every day, by speeding, parking incorrectly, driving under the influence.  They pay fines for breaking the law.  The fine for drinking while driving is approximately $1,500.  Many drunk drivers kill people while under the influence.  Most undocumented people do not commit crimes. The only crime they committed was entering the country illegally.       

 

            Now, let’s get on the bandwagon.  Pay attention to the current crop of political hopefuls.  If they are not endorsing a Guest Worker program and more visas for the family and employment categories, then they do not have a grip.  If they cannot see that the Social Security System is broken and the immigration system is broken and how the two entities can help each other, than they are not worth the paper their name is printed on.  If they cannot see, shipping out as many undocumented people as they can and how this would cripple our businesses here in the U.S., then they should not be voted for.  If they really think that we cannot place an immigration program into law before we seal the borders, then they must still believe in Santa Claus.  We will never be able to seal the borders.  This will just be a new challenge for the smugglers and to line their pockets further.  If they think building a fence along the Mexican border to the south is the solution and not address the Canadian border, they have a very large hole where their brain used to be.

 

            Listen to the debates, listen to the issues.  If you cannot vote, get someone to watch and listen with you who can vote, so they can make an intelligent decision. Mr. Obama made a very bad mistake in a recent interview when he was talking about his “Muslim faith”.  He had to be corrected by his campaign manager to say “Christian faith”.  His Harvard law school tuition, books, housing was paid for by a very rich Muslim.  What experience does Obama have?  In six years as a State Senator, he never authored a bill.  His two years as a Representative in Congress he has not authored a bill.  But, during this time, he has written two memoirs about himself.  Good grief!

 

            Pay attention to John McCaine!  He authored the Comprehensive Immigration Reform Act with Sen. Ted Kennedy (D-Mass). It was passed by the Senate with a two-thirds majority.  Is Mr. McCaine going to stay with his immigration platform or will he be too timid to talk about it?  It takes guts to have a stance that is not all that popular.  John McCaine has guts.  He has a Democratic Congress to back this Reform.  Pay attention!  Listen to the debates!  Watch the nightly news!  If you have internet, read the news there.  This is going to be a tough fight!  

 

            CALL US AT 1-800-748-6555 to let us hear your views.  Or email us at info@ncls.net. Consultations are free if you read it in El Semanario.  Remember, too, we have associated with a criminal defense attorney who will not take your last penny out of your pockets.  His retainer fees will be reasonable.  CALL TODAY AT 1-800-748-6555!!!!  Thank you.

 

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BREAKING NEWS !!!!

by Kevin M. Tracy. Attorney at Law, Specializing in International Immigration

 

Bill to Recapture Unused Visa Numbers (H.R.5882) - Approved by House Immigration Subcommittee (8-01-08)

 

 

            On August 1, 2008, a bill to recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family and employment based immigrant visas in the future.  This is just the first step to the passage of H.R. 5882.  Once it leaves the House Immigration Subcommittee, this bill will be debated on the floor of the House of Representatives.  Hopefully, it will pass and go for debate by the Senate.  Ms. Zoe Lofgren of California and Mr. Sensenbrenner (no state listed) introduced the bill.

 

            The world wide employment-based visas for a fiscal year are 140,000.  These visas are currently being used up at record levels.  The amendment would allow visas not used in this category for the fiscal years 1992 through 2007 to be no less than 226,000.  Hence all unused visas in those years would be added to the already used employment visas.  This would take care of the people who had to endure long waits to obtain their Permanent Residency.

 

            H.R. 5882 has another amendment for the worldwide level of family-sponsored immigrants.  Currently, family based visas are 480,000 per year. Again, as in the employment based visas, they will use unused visas from the years of 1992 until 2007.  This should, again, shorten the length of time families are separated, unifying

families separated for many years.  The amendments made by this section shall take effect on the first day of the first fiscal year (October 01) that begins after the date of enactment of this Act.  Wouldn’t it be a blessing if this could get passed before October 01, 2008?

 

            We will keep you posted on any further happenings regarding immigration news coming out of the House of Representatives and the Senate. On the 15th of each month, we receive notification from the State Department as to what the priority days are for employment and family visas.  Call us at 1-800-748-6555 to check on your status or to ask questions.  Our qualified staff members will be happy to help you.

 

MORE BREAKING NEWS

 

            As ICE cracks down on illegal workers in the work place, they are implementing a regulation that has been little used.  Many of these workers that are being detained, are being charged with “identity theft”.  If the worker is carrying a Social Security Card and false Employment Authorization card, ICE is now starting to charge them with another crime.  One person just finished doing two years in prison for false documentation. Of course, he was deported once released from prison.  Some of the people at the kosher slaughter house raided in Iowa were charged with “identity theft”.  They are looking at doing time in a Federal prison before being deported.  Immigration lawyers have vowed to fight these charges.  If the worker has a reason to obtain legalization at some point, this will show as a crime and could possibly hurt their chances of being legal in this country.

 

            Please call us at 1-800-748-6555 to discuss this article or bring up any questions you may have. You can also contact us online at sjeannette@ncls.net.  We would love to hear from you.  Remember consultations are free if you mentioned you read our article(s) here on our website.

 

 

 

                                                                        By

KEVIN M. TRACY, ATTORNEY AT LAW SPECIALIZING IN INTERNATIONAL IMMIGRATION

 

            California, like the rest of the country is seeing a huge surge in the number of hate groups operating within its borders.  Last year, the number of groups rose to 80, a 27 percent increase.  No state has more hate groups in 2007.  Nationally, the number of hate groups documents in the law center’s annual count grew to 888 in 2007, a staggering 48 percent increase since 2000.

 

            There is very little doubt that this growth is fueled by the raging national debate over immigration and, in particular, the ugly dehumanizing rhetoric that has become standard fare on talk shows and cable news.  Given the toxic nature of the debate and the rise in hate-group activity, it’s no surprise that Latinos are being targeted for harassment and violence.  FBI statistics suggest a 35 percent increase in hate crimes against Latinos between 2004 and 2006.

 

            Last summer, small children were celebrating their first Communion at St. Peter’s Catholic Church in Fallbrook.  They were confronted by the San Diego Minutemen taunting and jeering them with taunts of “illegals!”  The Minutemen regularly protested at informal labor centers at the Church.

 

            These hate groups are charged up by the angry rhetoric they hear from TV talk show hosts and politicians who portray immigrants as job-stealing disease carrying invaders set on destroying the American way of life.

 

            The Hispanics are not stealing jobs, they are doing jobs that our Americans will not do.  Many of those jobs were once done by young people in their teens and 20’s. Your sons and daughters, who as a generation have shown themselves to have a terrible work ethic. 

 

            According to Ruben Navarrette, Jr., a writer for the San Diego Union, he points out  that besides better immigration laws and better enforcement, we also need better parenting, the sort that produces young people who know how to work and are not afraid to break a sweat.  If these people had better parenting, then apple growers, restaurant owners, hotels, etc., would not feel if they had to hire illegal immigrants to pick up the slack.  This writer has been working part time since the age of 14.  I had to earn my own spending money for clothing, movies, etc.  He could not afford me.  There were five kids in this family.

 

            As for spreading disease here in this country, CNN reporter Lou Dobbs has falsely related that Hispanics are responsible for spreading 7,000 new cases of leprosy in a three year period.  There is a claim with no basis in reality.

 

            Politicians such as Tom Tancredo, Rep. Colorado believes there is a secret government plot to merge the United States, Mexico and Canada.  Talk show-radio hosts like Peter Boyle and Roger Hedgecock are terrorizing the American people into believing that Hispanics have murdered 45,000 US citizens since Sept. 11, 2001, terrorist attacks.  If this is true, it would mean undocumented immigrants who make up less than 4 percent of the US population, were responsible for 53 percent of all murders in the country through the end of 2006.  These claims only serve to make anyone who looks “foreign” a target for derision, discrimination and even violence.

 

            So there, we go.  Our talk show hosts and Senators are responsible for hate groups and racism in this country.  Please give us a call at 1-800-748-6555 for any comments or questions, or e-mail us at www.ncls.net

 

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By Kevin M. Tracy Attorney at Law, Specializing in International Immigration

  

I have been practicing immigration law for over 23 years. I have seen good times and I have seen bad time. I have seen a benevolent yet reluctant government try to deal with immigration. I have had the pleasure of dealing with many immigration officers in California, Virginia, and Washington State, Arizona to name a few geographical areas. For the most part these individuals are fine people who are doing their job to the best of their ability, yet they are often times handcuffed by an incredibly inept, unknowing bureaucracy sitting in our nations capital; Washington D.C. 
 
The major part of my day is spent listening to individuals who are trying to navigate the ever so complex immigration system. I read the New York Times, The Los Angeles Times and the San Diego Union Tribune. I listen to radio talk shows so much that my wife thinks I have developed a compulsive disorder that needs to be addressed.
 
Recently, I read an article that gave fairly accurate data on crimes committed in this country. Now if you listen to talk shows, watch television shows like Glen Beck or                         you will be shocked at how the illegal immigrants in this country commit serious crimes. How they are a drain on police resources, and public facilities.  Guess what? They are not. Most crimes committed in this country are committed by United States citizens. Most of the people in jails and prisons are United States citizens. Not naturalized citizens, but born and bred in America citizens.
 
Let me give you an example. Recently there was a study conducted by an independent group in Chicago Illinois. The group studied over
3, 000 violent acts committed by males and females in ages ranging from 8 to 25 years. The study selected whites, blacks, and Hispanics (primarily Mexican-Americans) from 180 neighborhoods. The study found that there was a significantly lower incidence of crime among Mexican-Americans compared to blacks and whites. The study was very thorough and found that living in a neighborhood of concentrated immigration was directly associated with lower violence. Many cities most notably New York, Los Angeles, San Jose, Dallas, and Phoenix have experienced a drop in the crime rate. I know it sounds silly but it is true. Don't get me wrong; crime happens every day and that is sad, but it has declined. It has also been shown that most immigrants whether illegal or legal are less likely to commit crimes because they look out for each other and insist on following rules both societies and the family.
 
When all is said and done, people of every ethnic background commit crimes. If you believe everything you read and hear (this article included) without doing your own research you will be a slave to the media and you will be the victim of your own ignorance.
 
My point is this: We are a nation of immigrants. Many fine hard working people came to this country to find a better life. Some break the law, many do not. Do not get caught up in the debate, do not believe everything you read or hear. Look around and ask yourself: Are these people who are deemed a drag on society all bad or are they being singled out to scare me into thinking my country is suffering?

 

Call us today at 1-800-748-6555. We are here Monday through Friday from 9:00A until 6:00P.  We are open Saturdays from 9:30A until 1:30P.  If you have trouble using our newly installed telephone system, just press “0” for a live person to immediately answer your call.

 

There are reduced fees for people who said they read our articles in El Semanario!!!

 

DIRTY LITTLE SECRETS WASHINGTON DOES NOT WANT YOU TO KNOW

By Susan Jeannette                                                                                                         

 

            Do you know that after the floods in the South, most of the general labor population, left the state?  Some left for good.  Our Government turned a blind eye to document authorization and allowed thousands of illegal's to work rebuilding the ravaged cities. They came from as far away as El Salvador, Guatemala, and, of course, Mexico. Once the rebuilding is done, those people will not get any special recognition.  They will be asked to leave the country.  What a great nation we are!!!!

 

            In Texas, as per an article printed called “Grits for Breakfast” the author states that “The GOP and the conservative movement in Texas face a big practical glitch as their ideology meets reality on the ground regarding immigration.  At the end, you cannot both be anti-‘amnesty and pro-business.

 

            Between 8 percent to 9 percent of the Texas workforce is estimated to be in the country illegally.  That’s nearly twice the national average of about 5 percent.”

Pay attention people!  Watch the candidates for the Presidential race.  The contender says he/she is Pro-Business, that person must be endorsing and overhaul of our immigration laws, allowing undocumented people here (12 million) to get work authorization after paying a penalty.  These people should be able to continue uninterrupted in their present jobs.  Our economy would collapse, if the Government tried to deport 12 million or more people from this nation.

 

            Pres. George Bush still has a chance to save his dying legacy by pushing through part of immigration bills that are critical to our economy.  He showed his resolve to do this in the State of the Union Address. But, talk is cheap.  He has ten months to push his program.  Perhaps, rebuilding the image of the Republican party, and change the voters minds from Democrats to Republicans.  John McCain, Reb. is sure to secure the nomination.  But will he get the vote?.  Probably “no” as more and more immigrants are disgusted with the antics of the Republican party; and are sure to endorse a Democrat, such as Hillary Clinton, unless the Republicans make a drastic change this year. Hillary took the states with most immigrant populations.  That says mountains for the Primary race.

 

            In a recent Forbes magazine, titled, “Who’s Gonna Do the Work? Forbes is discussing “The Feds are trying to turn employers into immigration police.  Not good if you have landscaping or construction projects going”.  “The new rules and laws generally aim to force employers to either purge illegal immigrants from they payrolls or face severe sanctions.  Employers, say they will be starving for workers if they have to (dismiss) their suspect employees. ‘Every contractor in our state (Arizona) knows

Industry has been built on the backs of Mexican workers, legal and illegal.  We need the Mexican labor force to keep our business going. It is the same for many other industries – agriculture, hospitality and landscaping, to name a few.”

 

            “Where the Illegal's Congregate”  States showing the highest amount of undocumented are California, with almost 3 million; Texas with 1 640,000;  Florida with 980,000; Illinois with 550,000; Arizona with 500,000;  Georgia with 490,000; New Jersey with 430,000; North Carolina with 370,000; Washington with 280,000; and other states with a total of 2,950,000.  Our elected representative need to do something fast before the U.S. becomes an economic tragedy.

 

            Also, if you are ready to become a citizen, do so now!  You could be able to vote in the November election.  This is the most important decision you can make in your life.  Your vote will be heard and heard loudly.  Call us today regarding applying for citizenship at 1-800-748-6555!  We have special low fees for readers who read this column.  Make that decision today! You need to do this for your fellow immigrants either here in this country legally and/or illegally. Do it now!!!

 

 

Susan M. Jeannette, President

North County Legalization Services, Inc.

Immigration Processor for

Kevin M. Tracy, Attorney at Law

858-481-0822

800-748-6555

858-755-9039 (Fax)

sjeannette@ncls.net

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IMMIGRATION AND THE FUTURE OF AMERICA

 By

                        Kevin M. Tracy, Attorney at Law Specializing in International Immigration

 

            There are two stories being told about immigration and the future of America.  Each has some basis of fact, although one is based on newer trends and is more optimistic than the others.  These stories differ in their answers to three crucial questions:  whether immigration to the United States is accelerating out of control or is slowing; how much progressing economically over time; and how important immigrants are to the U.S economy.  The pessimistic story, in which immigration is portrayed by the media as a hysterics move, is increasing dramatically and producing a growing population of unassimilated foreigners, draws upon older date.  More recent data and analysis suggests a far more positive vision of our immigrant future.  Immigration has not only begun to level off since 2000, but immigrants are climbing the socio-economic ladder, and will become increasingly important to the U.S. economy as workers, taxpayers, and homebuyers supporting the aging Baby Boom Generation.

 

            Immigration had been accelerating up until about 2000, but since then the annual flow has declined in the U.S. as a whole and in most states.  The alarmists are averaging the years from 1995 to 2006 and disguising the downturn after 2000.

 

            In places where immigration is a new event, like Iowa, South Carolina, Alabama, etc. most immigrants are newcomers and therefore less assimilated.  However in locales, such as California, Texas, Illinois, New York where immigrants are longer settled, they have achieved a much greater socio-economic advancement.  For example, In California, the share of Latino immigrants who are homeowners rises from 16.4% for people in the U.S. less than 10 years to 64.6% for people you have been here for 30 years or more.  Similarly, English proficiency more than doubles from 33.4% of those who have been in the country for less than 10 years, to 74.5% for those that have been here for 30 years or more.  This pessimistic outlook on assimilation is more commonly found in states where immigration has only recently begun to increase.  This new experience does not afford a reliable projection of the future.

 

            Failure to examine how much immigrants typically advance over time leads to the false conclusion that they are trapped in poverty and impose an economic burden on society.  Moreover, U.S. society is changing, and the aging of the Baby Boom generation will create growing demand for younger workers.  The ratio of seniors (age 65 and older) to working age adults (25 to 64) will soar by 67% between 2010 and 2030.  The rapid rise in the senior ration will create fiscal crises in Social Security and Medicare systems.  There will be workforce losses due to mass retirements and that will drive labor-force growth dangerously low.  Immigrants and their children will help to full these jobs and support the rising number of seniors economically.  At the same time, immigrant homebuyers are also crucial in buying homes from the increasing number of older Americans.  Immigrants will clearly be important in leading us out of the current downturn.

 

            Major immigration reform is undertaken only once every 20 years or so, occurring last in l986 and before than in 1965.  Any legislative reform should be prepared for future decades, not solely the present, and certainly not the past.  Our Immigration policy debates should be aimed at making a better future.  For this to be successful, we must adopt a forward-looking perspective about immigration, evaluating how immigrants change as they settle longer in the U.S. and how they will fit in a change United States of America.  The most dramatic and knowable changes ahead are driven by the massive retirements of the Baby Boomers.

 

            What can you, the reader, get involved?  Stay informed.  Obey all rules.  If you qualify to apply for citizenship, do this now.  Your vote in needed in the 2008 election.  The changes have to be for Immigrant rights.  You comprise almost 50% of the population in the U.S. today.  Call us today.  We are here to serve you.  Call at 800-748-6555 or 858-481-0822!!!!  Now show this to someone else who can make a difference in immigrant’s futures in the U.S.  Encourage friends and family members to apply for citizenship and gain their legal right to vote.

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MEASURE WOULD OFFER LEGAL STATUS TO ILLEGAL STUDENTS

PASS THE DREAM ACT

 By

Kevin M. Tracy, Attorney at Law, Specializing in International Immigration

 

            A small but worthy step toward immigration reform is returning as an amendment to the “Military Authorization Bill” under debate in the Senate.

Introduced by Senator Richard J. Durban, Democrat from Illinois, is the author of the “Student Measure”.  The measure would provide a path to permanent legal status

For illegal immigrant students who came to the United States before they were 16-years old, graduated from high school in good standing and have agreed to serve in the military or attend college for at least two years.

 

            Both supporters and opponents of the measure said it would serve as a test on whether legislation giving legal status to illegal immigrants can pass Congress this year, in light of the strong opposition from conservative voters who defeated the larger bill.   Opponents ejected that bill as an “amnesty” that would reward immigrants who broke the law.  These kids, most of them, did not even know they were illegal, as many of them have been in this country from a very early age.  They did not break the law.  The person(s) who brought these kids in essentially broke the law.

 

            Mr. Durbin, speaking last Tuesday on the Senate floor, describe his measure as “narrowly tailored”, and said it would resolve “a very serious recruitment crisis” for the military. Supporters, who called the measure the Dream Act, said it could pass the Senate because it is intended to benefit young people who grow in the U.S. and are illegal immigrants as a result of a decision by their parents.

 

            Steve Elliott, president of Grassfire.org, a conservative Web site whose members mobilized against the June bill for the Comprehensive Immigration Reform Act,

Sent out an alert last week calling the student measure a blatant deception on the part of the Senate to get a massive amnesty passed.”

 

            In coordinated action, high school and college students who support the Senate measure stage “tech-ins” and visited lawmakers’ offices in Florida, Idaho, New York, Oregon an Wisconsin.  Twenty illegal immigrant students from California came to Washington to lobby for the bill, dressed in white coats and business suits to

Signify the medical and legal careers they hope to pursue.  They held a news conference offering only their first names.

 

            One high school graduate who said he was encouraged by the Senate debate to publicize this situation this week was a 20-year-old illegal immigrant from Venezuela named Carlos.  In telephone interviews, from Miami, where he lives, Carlos said, his parents brought him to the U.S. when he was 2, originally entering on legal visas.  Carlos asked that his last name not be published after his lawyers told him he could face deportation.  Although his farther had inherited property in the US, his father’s attempts  to gain legal residence failed. 

 

            Carlos said he approached military recruiters while he was still a student in High School in Miami.  Later, he learned from military Web sites that being a legal U.S. resident was a requirement for enlistment.  His life stalled after he graduated from High School in 2005.  He has skills in basic engineering, Carlos said, he has difficulty applying for jobs because he does not have a Social Security number and cannot get a driver’s license.

 

            Frustrated, Carlos started to look for ways to enlist, setting his sights on the Air Force, which he hoped might help him finish his college education in engineering. 

“I am the ideal guy you want for the military,” Carlos said.  “I know the dangers, but I would actually like to do it.  Carlos is one of an estimated 1,000,000 students in the same situation that would benefit our military and/or go on to college and earn degrees for the jobs that are going to foreign applicants because so many of our students are not properly trained for high-skilled positions.

 

            If you would like to discuss, please e-mail us at sjeannette@ncls.net or come by our office and talk to one of my trained staff members.  You can call at

1-800-748-6555 or 1-858-481-0822.  Remember when calling to wait for the message, and then press “O”, this will get you to a staff member who can discuss this you or make an appointment to see me in my office.  If you mention El Semenario, your consultation is “free:.

 

            Until next week.

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September 17, 2007

GEORGE ORWELL’S BOOK  “1984”

By Kevin M. Tracy

Attorney at Law, Specializing in International Immigration

 

George Orwell was born in India in 1903. He eventually ended up in London, England where he was influenced by society’s failure to accept, or help the poor and homeless. He was utterly disgusted with the roll of the government and its disdain for the poor.

 

In 1949 he wrote the book “1984” which I read in college and was shocked by. This book was George Orwell’s vision of a post atomic dictatorship in which every individual would be monitored ceaselessly by means of television. It never did happen. Or did it?   IS BIG BROTHER (The Government) WATCHING?

 

The book is a very deep analysis of the psychology of power and the ways that manipulation of language and history can be used as mechanisms of control.

 

On August 17, 2007 the Department of Homeland Security published in the Code of Federal Regulations the final rules for “Safe-Harbor Procedures for Employers Who Receive a No Match Letter”. The regulation is too lengthy and far too complex to put in a newspaper article. I will try to reduce the ever so complex regulation into a concise end easily understandable format. The main issue that has been ruled on is this:

 

When is an employer on notice that an employee does not have the proper documentation or Social Security Number? In legal terms: When does an employer have “Constructive Knowledge” that it was employing an alien not allowed to work in the United States? Here is your answer to these questions. If the employer fails to take reasonable steps after receiving the dreaded “No Match Letter” from the Social Security Administration, and if the employee is in fact not authorized to work in the United States, the employer may be found to have constructive knowledge of that fact. If the employer receives written notice from Department of Homeland Security (DHS) that the status of a document or employment authorization document presented by an employee was assigned to another person or that there is no record of that document being assigned to anyone, then the employer has Constructive Knowledge that the employee is illegally working.

 

What must an employer do if a No Match Letter is received?

  1. Check your records. Make sure you did not make a typing error, or transpose (switch) numbers.
  2. Speak with your employee. Ask him/her to confirm that the employers records are correct
  3. If record cannot be confirmed, the employer must take appropriate action and inform employee to contact the agency and resolve the matter.

 

If the discrepancy is not resolved and if the employee’s identity and work authorization cannot be verified then the employer must choose between

 

(1)     Taking action to terminate the employee

(2)     Face the risk that DHS may find that the employer had Constructive Knowledge that the employee was an unauthorized alien and therefore by continuing to employ the alien violated the law.

 

It is that simple, it is that devastating, it is that scary. The Social Security Administration, The Department of Motor Vehicles; The Department of Homeland Security are all working together, sharing data bases, sharing information on everybody living and working in the United States. Is Big Brother watching? You bet your life he is and every day he looks deeper into our lives than we ever thought he would or could for that fact.

 

1984 was a book not necessarily based on fact. It was fiction (not real). Or was it? You decide.

.Consultation is always free when you mention you read this article in El Semenario.  All staff is well trained and can assist you with the paperwork required.  Call today at 1-800-748-6555 or 858-481-0822.  

 

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Sept 07,2007

PERMANENT RESIDENT CARDS WITHOUT EXPIRATION DATES MUST BY REPLACED

By

KEVIN M. TRACY, ATTORNEY AT LAW, SPECIALIZING IN INTERNATIONAL IMMIGRATION

 

            A recent “Press Release: from U.S. Citizenship and Immigration services stated that the USCIS has proposed a rule setting a 120-day replacement period of nearly 750,000 Permanent Residents to replace their “Green Cards”.  Those “Green Card” holders that must replace their cards are residents with no expiration date.

Those cards without expiration dates were issued between 1979 and 1989.

 

            Permanent Resident Cards are issued as evidence of the holder’s authorization to live and work in the United States.  In August, 1989, INS began issuing cards with a 10-year expiration date, requiring residents to apply periodically for a new card.  Between 1979 and 1989, the cards were issued without expiration dates.  These cards are the ones that are subject to the proposed rule.  This change allows USCIS to issue more secure permanent resident cards, update cardholder information, conduct background checks, and electronically store applicants’ fingerprints and photograph information.

 

            Replacement of outstanding permanent resident cards without expiration date is critical to national security.  Replacement of the cards will ensure that cardholders’ fingerprints and photographs are updated so as to provide better evidence of the identity of the cardholders, more modern secure cards are placed into circulation and the replacement cards will be more tamper resistant. In the past USCIS has recalled and replaced earlier version of he Permanent Resident Card that did not contain an expiration date.  It is critical that USCIS begin to remove from circulation this final version of the Permanent Resident Card containing no expiration date.

 

            Since the replacement program is only proposed, affected individuals are not yet required to replace their cards.  However, they may choose to apply now to replace their cards.  Early applications may be processed in shorter times than those filed later, given the number of the residents affected…approximately 750,000.

           

            The rule proposes that affected cards would remain valid until USCIS announces a termination date for the cards.  The intent is to ensure that each qualified permanent resident filing within the designated filing period is mailed a new card before the termination of the older cards.  As stated before, an applicant may file for a new card at any time before the proposed rule goes into effect.

 

            No one is to surrender their old card with the application.  All applicants must carry evidence that they have a legal right to live and work in the United States.  The “Green Card” offers such evidence.  Applicants should normally receive their new permanent resident cards in a matter of weeks after their appointments, so they should retain their older cards until the new one is received.  USCIS will announce when all older “Green Cards” will be termination.

 

            Additionally, USCIS encourages eligible residents to consider applying for naturalization.  While they cannot guarantee that a naturalization application filed now would be completed before a person’s current cared in invalidated, recent improvements in processing times give naturalization applicants an option to card replacement.

If you should decide to wait to apply for naturalization after the 120-day window for filing for new replacement cards, you would probably have to apply for both at the same time, as their could be a substantial gap between the time your current card becomes valid and your application for naturalization is completed.

 

            This may sound like a complicated procedure.  Speak to your current attorney, or contact our offices.  Consultation is always free when you mention you read this article in El Semenario.  All staff is well trained and can assist you with the paperwork required.  Call today at 1-800-748-6555 or 858-481-0822. Don’t wait till the last minute to get this paperwork done.  Do it now!

 

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Aug 18, 2007

NEWS:  IMMIGRATION REFORM STILL ALIVE IN THE SENATE

From

The Law Office of Kevin M. Tracy, Specializing in International Immigration

 

            Even though, the Senate could not agree on the passage of a Comprehensive Immigration Reform Bill, the issue is still alive. Senators continue to debate the key issues of Immigration Reform, and are trying to tack portions of the failed legislation onto other bills.

 

            Recently, Senate Republicans, led by Sen. Lindsey Graham (Rep So Carolina), introduced the “Border Security First Act of 2007” as an Amendment to the Department of Homeland Security Appropriations Bill.  In response to the continued effort to secure the borders of the U.S., the Act provides $3 billion in emergency funding to hire more border patrol agents, purchase equipment and vehicles to patrol along 100% of the southern border (What about the northern border? That is how the terrorists get in.).  This is supposed to toughen enforcement

of existing Immigration Law.

 

            While debating the Department of Homeland Security appropriations bill, Senators Craig (Idaho), Boxer and Feinstein (Calif,) lobbied passionately for a guest worker program to allow immigrants to work in agriculture.  “The fact of the matter is,” said Senator Feinstein, “90

percent of agriculture is undocumented labor.  Why doesn’t the Senate recognize that?  Why doesn’t the Senate recognize you cannot get US workers to do this work?”

 

            It appears that our Senators from California have heard the message from landscaping and agriculture industries and are coming around to the fact that there is a labor shortage in these industries.  Since the Senate has not been able to come up with a solution, all the debate has stirred the pot.  The battle for Immigration Reform is now moving to the State level.  Many States are considering legislation that would toughen enforcement on businesses that hire undocumented workers and/or make it illegal to do business with them.  This is totally unconstitutional. Immigration is a Federal Program, and States are not allowed to interfere with the work of our Federal Government.

 

            Stepped up enforcement is happening everywhere in this country.  Every day we read or hear about raids made to businesses, forcing out workers whose Social Security numbers do not match.  These people are being immediately deported. It is happening right here in San Diego County.  Some people are even leaving their US citizen children behind to be cared for family and/or friends.  It is only going to get worse, before it gets better.

 

            If you have questions or would like to make comments about this changing atmosphere, you can email me at sjeannette@ncls.net, or better yet, write a letter to the Editor of El Semanario.  All of the issues are in the front of our minds, and it would be great to start

hearing how the immigrant community feels.  As always, we can be contacted by telephone at 1-800-748-6555.  Call to see how this will affect you and/or your family.  Do what it takes to protect yourself, your family and your job….NOW!!!

 

            We have a special request.  If you have worked with this office before, and your employer dropped out of your case, please call our office. We still have your file.  If you have a different job and an employer who wishes to sponsor or help you, we may have a solution, especially if your cased was filed prior to April 30, 2001.  Many of you have changed phone numbers and addresses and we cannot find a way to locate you.  Please call us as soon as you read this article.  1-800-748-6555.

 

Please bear with us, we have a new phone system and we are trying to work out the bugs.  When calling, just press “O” for the “Operator” and she will get you to the right person.  Once you learn the extension of the person or people you like to speak to

you may just dial in the extension, once the phone is answered.




The Question Of English
By Kevin Tracy
June 26, 2007

Most people cannot see the forest for the trees. An interesting observation but what does it mean?

 

Over 100 years ago my maternal grandparents came to the United States from Ireland. The only language they spoke was Gaelic. My paternal grandparents came from Italy, the only language they spoke was Italian. Upon settling here and starting their family’s there was no question what language would be spoken in the home. The language of their new country; America and English.

 

They took great pride and had a greater respect for the country that welcomed them with open arms and asked nothing more than to help the nation grow and be productive and hard working. The government itself was small and unencumbered with the many layers of bureaucracy that we have today. Life went on, people worked, their children and themselves learned, spoke and wrote English. Life was good.

 

Fast forward 100+ years. Our country is in a mess. Government is too big and cannot seem to make decisions based on the country’s wants and needs. It seems nobody is accountable and when a wrong needs to be righted everybody points fingers and blames “the other guy”. Guess who “the other guy” is: It’s you, but you are not fully to be blamed.

 

The federal government and state governments have over the past 50 years enabled immigrants to ever so slowly blend into our culture. Want an example? Go to your local Department of Motor Vehicles. See in how many different languages drivers education books are made available. Spanish, Chinese, Vietnamese,

,French, Tagalog, German; Portugese, and oh yes English!

 

Now that same government is demanding that in order to be able to live in this country and obtain legal residency new immigrants must read, write, and speak English. At this time it is being discussed by our Congress and the guidelines have not been finalized but be sure it is coming. Why is it coming you ask?

 

Because the same government that caused you to not learn our language, that made you believe it was not important to speak English, that same government that has recordings in more languages than I have fingers is now being challenged by the average middle class American who fears and sees his culture slipping away.

 

What caused this mess? Unaccountability by my government caused this mess. Who caused this mess? Immigrants caused this mess with the assistance of my government. How can this mess be cleaned up you ask? Be accountable. Be responsible. Be proud to be in the United States. Never forget your country, never forget your culture. That is all part of what has made my country the greatest country in the world. But be warned: If you want to live in my country; work in my country, and be a part of making sure my country remains the greatest in the world then all I ask is that you learn my language. Sound harsh? Sound racist? Sound like a person who is angry? You bet. That is the feeling of many Americans but you do not hear it, you do not read about it, and you do not speak about it. Why? Because English is not a language you are familiar with. It is not a language that you have to learn because my government has made it easier for you not to learn. My government is to blame. But they blame you. They (my government) will not admit that they caused this problem.They say you are lazy and they have only tried to help you. Not true. They caused this mess

 

You want to someday be an American? You want to have the privilege to tell your lawmakers that they are fools and vote them out of office? You want your voice to be heard? Want to thin the forest so you can see the trees? Learn English. Teach your children English. If you are the child then teach your parents English.

 

My grandparents did it. My parents did it. I did it. Now it’s your turn. Aren’t the trees beautiful once you know where to look?

 

Kevin M. Tracy



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COMPREHENSIVE IMMIGRATION REFORM ACT - WHAT HAPPENED???

by

KEVIN M. TRACY, ATTORNEY AT LAW, SPECIALIZING IN INTERNATIONAL IMMIGRATION LAW

 

Timeline:  May, 2006, Senators Ted Kennedy - Dem-Mass, and John McCain - Rep-Arizona wrote a finely tuned and intelligent bill called the Comprehensive Immigration Reform Act, (CIRA) which was passed by the Senate by a two-thirds majority.  It took two or three days for debates. This act was overwhelming, to say the least, regarding the brilliance and understanding of these two Senators regarding Immigration Reform in the U.S. of America. It touched on every subject.  I watched the television and could not believe what I was hearing and seeing.  These two men had covered every aspect of Immigration Reform and its impact on this country. They even spelled out the fines of $2,000 each for approximately 12,000,000 people hear illegally.

 

If you break the law, you pay a fine.  We have all gotten speeding, parking, etc. tickets and we pay our fines. Imagine $2,000 times 12 million people.  We could enhance the offices of USCIS, bringing their computers up to date, hiring necessary people to adjudicate cases, etc. This would be the first time that USCIS would be totally self sufficient.  This would give the funds to enforce the requirements to keep our border safe and go after employers who are belligerent about hiring illegal.

 

Timeline: December, 2006, the House of Representatives voted unanimously for Border Enhancements before they would even consider a Comprehensive Immigration Reform Act. But, they had a small snafu, no money. All of the money, billions of dollars a year were being sent to Iraq to fight a war that has been going on for centuries, killing thousands of our young American soldiers.  A senseless war, like Vietnam.

 

Timeline: June, 2007, supposedly a bipartisan agreement had been reached. We watched days of endless TV while Senators nitpicked at ever single sentence of the Comprehensive Immigration Reform Act. That must be politics.  Eventually, it came down to no agreement reached.

 

So we go back to the same old issue.  Their is no money to enforce the border on the South (Mexico). By the way, most of the border on the North, along the Canada route is unmanned and that is how our "terrorists" get in. In some parts of the country like North Dakota, there are no sentries posted after a certain time of night.

 

There will be no employer sanctions in place. Raids will continue. But for how long, with no money to support them?  IIlegals will continue to filter into this country to take jobs most American people won't do.  By, the way, they do not drive down wages.  According to each State office the employer must pay a Prevailing Wage which is usually higher than the wage being paid by employers at the present time.

 

Also, many companies are looking at outsourcing.  They can hire four computer specialist for the price of one in India. When was the last time you called your credit card account at a 1-800 line? You are usually talking to someone in India or another third world country. It is not until you ask a question that requires a real answer do they forward your call back to a call center in the US.

 

This country is shooting itself in the foot. We are outsourcing jobs. Immigrants flocking to this country are not granted Employment status, as we leave companies without enough hirees.  This is the first time in history that this country has spurned immigrants. Our wealth, our future, has been built on immigrants coming in and doing start up jobs before moving on to other jobs or their own businesses.

 

Our Congress is getting dumber by the day than a box of rocks. It is politics, so they say. I hope they sleep well at night, knowing they are destroying our economy for future generations. Manufacturing has moved to Mexico, China, etc. because of low wages.

 

Somebody needs to wake up and call this nation for sensibility. We must show responsibility to the people on our continent and stay out of the business of the nations on other continents. Remember, the old adage, "Charity begins at home".

 



**************************************************

ILLEGAL IMMIGRANTS COULD FALL PREY TO LOAN SHARKS

 

By

 

Kevin M. Tracy, Attorney at Law, Specializing in International Immigration

 

            Many illegal immigrants could turn to loan sharks and other unscrupulous lenders if they have to $5,000 in fine and thousands more in fees and back taxes as

Required under the Immigration Reform Measure now before Congress.  There will be time.  But it would certainly be prudent to start working on your back taxes now,

and be prepared to pay $1,000 - $3,000 per adult family member for being in this country illegally.  Under the proposed new Reform Act, $5,000 will not be required until applying for Legal Permanent Residence, and that could take up to eight years.  The smart thing would be to start getting prepared by saving extra money for what may be in store for you and your family.

 

            Many immigrants work low-wage jobs and have virtually no assets.  As a result, they often have poor credit and are forced to borrow on the street.  Some low-lifers are charging up to 300% in interest.  Some say the measure could lead to abuse by employers, who could offer to pay employee’s fines in return for repayment arrangements that could be difficult to satisfy.  It has been this writer’s experience that an employer willing to sponsor has invested in this worker, and will not abuse lending the money and will work out an agreeable monthly payback plan.

 

            A native of Guerrero, Mexico, a mother of a 2-year old US born daughter, speaking on condition of anonymity, said, “It’s a lot of money, but if they gave us the opportunity, we will see how we can get it.”   She said she has no idea how she would get the money – which could amount to $3,000 for the initial visa application, plus back taxes for a green card.  However, she said she is confident she would manage, even though she only makes minimum wage working at Mexican grocery.  If you have a family of tour or five, it’s going to add up to thousands of dollars, unless you are taking steps now to save as much money as you can

 

            To make it across the border, many illegal immigrants pay thousands of dollars to smugglers (coyotes), who sometime threaten them with death if the don’t pay their debts.  Because they are illegal they tend to distrust banks.  Half of Hispanic immigrants have no checking or savings accounts, and those who have credit cards often pay exorbitant fees and have difficulty managing their debt.

 

            When in need of large sums of cash for emergencies or major purchases, they ten to turn to friends, family or loan sharks.  Many immigrants go to predatory lenders that charge up to 300% interest on short-term loans.  Even if they have the cash, money transfer offices also may try to tack on exorbitant fees.  The complexity of the proposed process could also drive many applicants to get scammed while seeking assistance in doing the paperwork.  Go to someone you know and can trust.

Between the Law Office of Kevin M. Tracy and No. County Legalization Services, we have a combined experience of 45 years.  We are not going anywhere.  Call us at 1-800-748-6555.  We do not have access to making loans, but we would like to find out who you are planning to help you finances your fees and what are the payback interest charges.

 


****************************************************

 1-23-07

  THE NEW CITIZENSHIP PROCESS

 

                                                    By

 

                                    Kevin M. Tracy, Immigration Attorney

 

            It is going to me more costly and harder than before to become a U.S. citizen

The standard application fee for the INS is increasing.  There will be nineteen

pages that must be filled out correctly. These increases could come as early as

April of this year (2007).  The exact fee increase is not now known, but the government

says it needs the  extra money so the process can be self-sufficient.

 

            The citizenship exam is going to have questions requiring more knowledge of

the history, geography and the government of the United States.  An expanded exam

has already been introduced as a pilot program in ten cities…none of them in California.

Plans call for the next test to be rolled out nationwide in the spring of next year (2008).

 

            The questions will not be easy, nor will be the answers.  The answers require

two or three sentence responses.  It will be more difficult for a person whose first

language is not English, and has to answer questions that do not require a mere

"yes" or  "no", or  just asking  for your address. You could be asked directions to your home

from an INS adjudicator from the INS building to your residence.

 

            There will be a mandatory requirement of using on-line forms.  In other words,

If you do not how to operate or navigate a computer, it will be almost impossible to fill

out the application.

 

            Don’t wait for the fees to go up or to take the more difficult test.  Think about

doing your citizenship application as soon as possible. Also, by having it done,

you will be a Naturalized Citizen, you will be able to make your voice heard in our next

Presidential election in November, 2008. 

 

            The Latino vote counted for over 40% of the votes in  the last election. 

Your voices were heard.  We had a radical change in Congress, which will most likely

bring about huge Immigration Reform. You voted out long term Republicans totally

against Immigration Reform, and filled the House and the Senate with a majority

of Democrats. A new breed of thinkers. We have seen the pendulum sway from

against Immigration Reform to for Immigration Reform. You can thank your U.S.

citizen Latinos for making that huge change.

 

            Please don’t sit back and let others speak for you. Speak for yourself and

your fellow immigrants, who now reside legally in the United States. Make plans to file for

citizenship soon.  Call our office at 800-748-6555.  Someone will be able to direct

you in preparing your paperwork under the guidance of our trusted Immigration Attorney

with over 25 years experience.

Kevin M. Tracy, Attorney, NCLS, Inc.
N.C.L.S, Inc. (North County Legalization Services, Inc.)
2010 Jimmy Durante Blvd suite 126. Del Mar, CA 92014
858-481-0822 – 800-748-6555 – FAX 858-755-9039
http://www.ncls.net/

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