posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
Partial Immigration Reform is still an option Part 2

Representative Goodlatte’s option would have a better chance of passing as it would not need to be considered reforming the entire immigration laws in the United States.  In fact, a similar provision was previously used in 2002.  A bill was passed which basically stated that even if a person is illegal, but files an employment sponsorship application or family sponsorship application before April 30, 2001, they can receive legal status by showing proof of filing and completing the employment or family sponsorship requirements.  For the last 10 years, immigration lawyers would always ask their clients, “Did you file anything with Department of Labor or US CIS before April 30, 2001?”  If the answer was “yes” it would give the immigration attorney numerous options for getting permanent residency for their client.  So Representative Goodlatte’s proposal would just basically bringing back an old law that was passed in 2002.   It would appear less scary to the public than Comprehensive Immigration Reform, and may have a better chance of passing as the Republican Congress is wary of passing a huge confusing law.  They need to make sure that immigration reform cannot be compared to the huge Health Care Law.

New York City Immigration Lawyer Andrew P. Johnson has proposed legislation to Congress, and has been interviewed regarding immigration law by New York Times, CBS, and New York Daily News.

posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
Is Immigration Reform Dead?

What can be done to revive the immigration reform law?   Option 1:  the Democrats will need to win the majority in the House and maintain the majority in the Senate in the 2014 elections.  Option 2: the Democrats can stop bargaining about Border Security.  There is section of American Public that is outraged how any person or party uses Border Security as bargaining chip.  This section of the American Public believes every American should want Border Security.  As long as the Republicans control the House, this part of the American Public will need to be partially satisfied with some Border Security effort.

Pro Immigrants groups will say that Republicans will never be satisfied about Border Security, and always ask for more.  In addition, Pro Immigrants groups believe that the claim by Republicans for more Border Security is just an excuse to not vote for Immigration Reform.  These arguments are partially true.  However, the Republican Party is split on Immigration.  Continue reading Is Immigration Reform Dead?

posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
Do the Democrats really want Immigration Reform?

That is a fair question.  The top concern the Republicans have was Border Security.  What did the Democrats do in the Senate?  They wrote an Immigration Reform Bill that was weak on Border Security.   Moreover, during this six month negotiating time period, the Administration could have continued building the Southern Border Fence that was signed into Law by George Bush in 2006, and increase security measures on the Southern Border.

Simply stated, the White House and Democrats showed no good faith and basically wanted the Republicans to trust the present Administration to implement the vague Border Security Language.  In addition, throughout the process, the White House and Democrats continually accused the Republicans of not caring about Latinos.

Not surprisingly, the Republicans did not agree to immigration reform.  Continue reading Do the Democrats really want Immigration Reform?

posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
Bad News for Immigration Reform

So the White House and Democrats have failed the 11 million immigrants they claim to care so much about. What could they have done differently?  Simple: show progress of Building the Fence that authorized and signed into law in 2006.

The 11 million illegal aliens do not care about open borders, if a secure Southern Border will get them some type legal status, ninety-nine percent of the illegal aliens would be begging for a Secure Southern Border.  Instead, the Democrats and White House game plan is to accuse the Republicans of hating Latinos.  It maybe good Politics, but it not going help a Republican held House to vote for Immigration Reform.

Texas Reps. John Carter and Sam Johnson announced in a joint statement Friday they were leaving the group of seven in the House that was going to propose a House version of Immigration Reform, saying they could not trust President Obama to enforce an immigration bill that might pass Congress. Continue reading Bad News for Immigration Reform

posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
Pro Immigrant groups are taking the wrong strategy for immigration reform
  1. Pro Immigrant groups’ strategies of calling the Republican Racist do not help their cause.  The Republicans have the control in the House, and their Constituency is primarily white, and surprisingly, their constituency does not like the Race Card used when they have legitimate concerns regarding Border Security.  Pro immigrants groups should pushing the White House to continue building the Fence on the Southern Border based on the Law passed in 2006  The pro-immigrant groups should be trying to get the votes of Republicans who believe in Securing the Border first before looking at immigration reform.  These Republicans are not against passing immigration reform; they just want a good faith effort in Securing the Southern Border.   Continue reading Pro Immigrant groups are taking the wrong strategy for immigration reform
posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
A Simple Strategy to Pass the Immigration Reform Bill

The Position for both sides of immigration reform bill debate is obvious.  First, the Democrats will agree to pretty much anything that will give the roughly 11 million illegal aliens a pathway for citizenship.  Obviously Democrats will not pass anything that will just provide illegal aliens a type green card status because they eventually want future voters. 

The Republicans are split into 3 camps.  The first camp is the Moderate Republicans that will vote on pretty much anything that the Democrats propose.  Senator McCain is good example of the moderate camp.  The second camp is the Conservative Republicans that do not believe that people who entered illegally into the country should receive any status.  The third camp is the Conservative Republicans that believe there must a Secure Border before any legalization bill is considered.   The Strategy of pro-immigrant advocates should be to go after the 3rd camp of Republicans.   Continue reading A Simple Strategy to Pass the Immigration Reform Bill

posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
H-1b strategy for the New Immigration Reform Bill
Many believe that the H-1b visas will be raised to a minimum of 115,000 visa for April 1, 2014 once the new immigration reform bill is passed.  However, it is still 50/50 that the House of Representatives will pass any immigration reform bill. Moreover, even if the House and Senate passed immigration reform immediately, the H-1b increase would most likely become law at least 6 months or longer after the passing of immigration reform.  Continue reading H-1b strategy for the New Immigration Reform Bill
posted in: immigration reform, New Business Immigration Law, New Immigration Law, Без рубрики
Immigration Reform in the House: to conference or not to conference, that is the question

Immigration reform is still a 50/50; the split between House Republican is getting sharper.  The House Republicans a very suspicious of the Senate and House Democrats.  The Democrats want any immigration bill to pass just so it can go to conference.  Once in conference, the Bill can be changed to the satisfaction of the Democrats and then brought to the House Floor (if Boehner breaks the Hastert rule).  At that point, a majority of Democrats in the House and minority of Republicans in House could pass the conference comprehensive immigration bill.   That is why the conservative wing of the Republican Party wants Speaker Boehner to make a promise not to bring any Bill to Conference.

The editors of the National Review, the most inflectional periodical for the Republicans wrote and article titled, “No Conference.”   Continue reading Immigration Reform in the House: to conference or not to conference, that is the question

posted in: immigration reform, New Business Immigration Law, New Immigration Law, Без рубрики
Immigration Reform Bill in House: The Battle between the Conservatives verse moderate Republicans

 

 

 

The Battle lines are drawn in the House of Representatives, the moderate republicans are for comprehensive immigration reform and conservatives are requiring concrete security measures to be enacted before allowing illegal aliens some type of immigration status.  It appears that the moderate republicans are winning the argument in August.  There appears to already be 40-50 republicans in the House willing to join the Democrats to pass comprehensive immigration reform.  Top republican leaders in the House:  Vice Presidential Candidate Paul Ryan, Speaker Boehner, and House Majority Whip Cantor appear to be on board for pushing through immigration reform.  Continue reading Immigration Reform Bill in House: The Battle between the Conservatives verse moderate Republicans

posted in: immigration reform, New Business Immigration Law, New Immigration Law, Без рубрики
Does the new Senate Immigration Bill change investor visas? (Part 2)

Does the new Senate Immigration Bill change investor visas? (Part 2)

Along with previous blogs regarding new investor visas, the Senate Bill creates a retirement visa for applicants who are over 55, do not work, purchase a home over $500,000, and have health insurance.

The applicant cannot work while in the United States.  For Canadian Citizens, there is a retire visa that allows a person to stay in the United States for up to 240 days.  We can only assume the requirement of “not working” means that the retirement visa holder cannot be on any payroll from a United States Company.   We can assume that the non-immigrant retirement visa allow passive income in the United States such as stocks, bonds, and real estate investments.  The US CIS will still need to clarify issues such as the length of the non-immigrant visa, what level of Health Insurance is required, and what percentage of ownership is needed in the purchase of the $500,000 home.

The bill creates a Canadian retiree tourist visa that will allow Canadians over age 55 with a residence in Canada to enter the United States for up to 240 days.  This visa makes sense as Canadian Citizens over the age of 55 rarely over stay their visa in the United States.  We wish that the Senate made the temporary visa a full twelve or 18 months since the Canadian Citizen would spend money in the United States while visiting.  Moreover, we hope the US CIS can make this new visa easy to obtain at the border similar to the TN visa presently available for Canadian Citizens.

The Law Offices of Andrew P. Johnson is located in the Financial District of New York City and can be reached by phone at 212 693-3355 or by email at info@lawapj.com if you have any questions.