Julio waited over ten years for his residency after his father, also a Green Card holder, filed an I-130 petition for him in the late 1980s. The visa backlog at that time was many years, and Julio entered the United States as an illegal immigrant. The LIFE Act reforms signed by President Clinton helped clear out some of these delays, and Julio became an LPR in 1999.

He says that he understands the frustrations both of immigration rights advocates and those who oppose immigration reform. He says that it is frustrating to see some people break the rules but still get their papers, while many people wait in line. But he also says that he knows from experience how frustrating it can be for the delay to get a visa to be as long as five, ten, or even twenty years. Especially when there are jobs awaiting illegal aliens in the United States, he says, it is absurd that the delays for legal immigration are so long.

And so Julio came to our Nevada immigration law office to become a naturalized U.S. citizen. He passed the English examination and the civics test, and he had his oath ceremony on August 28. Julio says that he became a citizen mainly so he can vote. He says that he is sick of politicians who campaign on being anti-immigrant, and he wants to live in a country and a state where his children will not be treated differently or asked for their immigration papers because they look like they are from Mexico. Finally, Julio was motivated to naturalize because he sees the importance of comprehensive immigration reform. The system is broken, and it needs to be rebuilt from the bottom up if it is going to work for business and workers alike.

If you want to become a U.S. citizen so you can become politically active, contact us today in Reno or Las Vegas. We are here to answer your questions about permanent residence, citizenship, and immigration reforms.

In the case of a community called Brentwood, Italian immigrants have mostly been assimilated into American culture and Hispanic immigrants have become the majority of non-American residents. Long-time traditions such as an annual Italian festival are morphing to accommodate the community’s changing ethnic composition. Where the countries of Italy and Sicily were once well represented, today the flavor is different with immigrants from El Salvador, and even Peru.

We see the same divisions in immigration processes. Today, the relatively higher levels of wealth and education in Europe mean that most European immigrants are in a better position than their Hispanic counterparts. Most of the immigrants from countries like France, Germany, and the United Kingdom that we have worked with enter the United States originally with tourist visas or non-immigrant work authorization, so we are often able to help them with an Adjustment of Status or a waiver of the J-1 foreign residency requirement. These cases are technically challenging, but they do not require a difficult discretionary decision from USCIS like an Immigration Court case would.

On the other hand, many of our clients who come from countries like Mexico, El Salvador, Guatemala, Honduras, Nicaragua, and others are individuals who have entered without inspection into the United States. For many of these illegal aliens, an I-601 Waiver is the only way to get a Green Card or legal status, and winning those cases is always challenging. Many European immigrants entered the country without authorization but did so at a time before serious enforcement of immigration regulations by ICE and other agencies.

If you are in a visa overstay or entered the country illegally, contact us today for help finding out what your immigration options are. Our experienced Nevada immigration lawyer is dedicated to helping today’s immigrants access the opportunities that will make them tomorrow’s leaders. We have offices in Reno and Las Vegas, Nevada to serve you.

Republicans are not the only ones toeing a hard line; public opinion polls show that a majority of Americans support tough laws like Arizona’s recently enacted SB 1070. According to a story on NPR, the public encourages these laws even while acknowledging their threat to civil rights by promoting racial profiling. Even though scholars acknowledge that border enforcement is expensive and ineffective and that illegal immigration is driven chiefly by economics, many Americans still support the knee-jerk policies of building fences and increasing border patrols.

The immigrant community also feels pressure from the police, both federal agents and local police. Under the Obama Administration, deportations have increased to some 400,000 a year, which is a 10 percent increase over President Bush’s last year in office and a 25 percent increase over the number in 2007. This administration has also increased the number of workplace “silent audits” fourfold and has levied over $6 million in fines for employers who hire illegal aliens. Although President Obama aims to target these deportations to ensnare more criminal aliens and fewer harmless families, there are always collateral arrests and many families continue to face unjust separation.

In addition to the enactment of the Arizona immigration law, police forces across the country have begun to clamp down on illegal immigrants. The antics of Sheriff Joe Arpaio are well known, and there are pockets of extremist enforcement elsewhere. But even in communities like Las Vegas, the local police have been deputized by the federal ICE agency to help enforce immigration laws under the 287(g) program. Critics say that these programs divert police resources from more pressing matters and increase distrust between immigrants and police, making it harder to enforce crimes involving or affecting immigrants.

In recent weeks, the Washoe County Sheriff Department (including Reno and Sparks, Nevada) and the Las Vegas Metropolitan Police have signed up for ICE’s “Secure Communities” program, which involves cross-referencing the fingerprints of all arrestees with Department of Homeland Security and FBI databases. The goal is to systematically reveal all illegal aliens with serious criminal violations so they can be subjected to ICE holds and removal proceedings. Critics allege that the tool can be used to target immigrants because they appear Hispanic, but the programs have not been put in place yet so both sides are speculating thus far.

Amidst all this pressure, what can the immigrant community do?

Our Nevada immigration lawyer is dedicated to helping the immigrant community help itself, and he offers the following advice:

> VOTE — Naturalized citizens need to take a stand in support of immigrants. Permanent residents should pursue citizenship to qualify themselves to vote in the future. All people can reach out to their communities by working with groups like Reform Immigration FOR America and PLAN to fight for comprehensive immigration reform.

> GET LEGAL — Many unauthorized immigrants can gain legal status but do not know it. Consult an experienced immigration attorney today to find out what your options are.

> KNOW YOUR RIGHTS — Attend a civil rights workshop and learn about your rights when you are questioned by the police. Unauthorized immigrants should not carry false identification; instead they should just say that they don’t have their IDs with them. Unless the officer is placing you under arrest, you are free to leave at any time. If you are arrested, request a lawyer before you talk with the police.

Unfortunately, Fidel and his wife, “Maria,” relied on the advice of friends and applied for the waiver on their own. They were able to complete the entire process, but they did not get the outcome they had hoped for: Fidel’s waiver was delayed earlier this year. With Fidel unable to return from Mexico and with Maria struggling to support her two sons, she came to see our Northern Nevada immigration attorney.

We worked with Maria to put together a strong legal brief describing the extreme hardship she would face if Fidel were not allowed to return to the United States. We helped her identify the strongest arguments in her case, and we gathered many supporting documents. When the USCIS reviewed the case again this month, they issued a favorable decision. Now we will guide Fidel and Maria through the last steps of the Immigrant Visa appointment and then Fidel will be in the United States as a lawful permanent resident.

If you need help fixing an I-601 application that has been denied, or if you need advice about the best process to pursue for your immigration papers, please call us today. Our experienced immigration lawyer can help you in Winnemucca, Elko, Reno, Las Vegas, or anywhere else in the country.

Daniel conducts business between the United States and Mexico, and he wanted Luz to be able to see her mother in the hospital. He contacted our Las Vegas immigration lawyer and was able to begin the process of an Adjustment of Status for Luz, and we also secured an I-131 Travel Document for her so she could spend time with her mother without jeopardizing her immigration process or being subjected to a bar of re-entry.

When Luz returned to the United States, her mother was recovering and Luz was a permanent resident of the United States. To find out how our Nevada immigration attorney can help you, contact us today for a free consultation in Reno or Las Vegas.

Angle’s history of fringe political views and her penchant for batty comments have allowed Reid to pull even with her in recent polling. Although Reid had been polling several points below generic Republicans in the early months of 2010, he has erased Angle’s five-point lead and since mid-July has been polling about three points over his opponent.

In a recent interview, Sharron Angle attempted to present a more groomed persona. She was halting and reserved, relying on safe and pre-approved responses to questions and offering little new evidence of the kind of senator she would be. Some of Angle’s recent unplanned remarks have caused problems for her, such as suggesting armed revolt if Reid wins reelection and supporting changes to the Fourteenth Amendment to deny citizenship to the children of illegal aliens. Rather than join the discussion of serious comprehensive immigration reform, Angle has chosen to jump on the anti-immigrant bandwagon and compete with others in trying to jeer the loudest at unauthorized immigrants.

With the importance of the Latino vote growing every day, Angle’s insensitivity may be Reid’s salvation. Reid has long been an ally of the immigrant community, and Angle seems to have calculated that whipping middle-class Nevadans into a fervor over an imagined enemy is a stronger campaign strategy. As November approaches, Nevadans will decide which method they favor.

We are dedicated to monitoring changes in the politics of immigration policy and to helping immigrants understand their options for gaining a Green Card. Contact us today for a free consultation at our Nevada immigration law offices in Reno or Las Vegas.

For many illegal aliens, gaining a Green Card is just a matter of time. If someone filed an I-130 petition for you or for your parents before May 1, 2001, you may be able to get your papers once your turn comes. Family-based petitions are broken into several categories, depending on whether the relationship is between a husband and wife, parent and child, or siblings and whether the sponsor is a U.S. citizen or only a lawful permanent resident.

Due to annual limits on the number of visas available in each category, certain visas from certain countries are backed up for several years. But if you are in one of the lucky categories, you may be able to get your residency right now. If there is an approved I-130 petition filed for you or for your parents before May 1, 2001, you may be able to do an Adjustment of Status based on section 245(i) of the immigration regulations. This allows you to get your residency without leaving the United States.

If the petition was filed for your parents, you should contact a Henderson immigration lawyer today to find out if you qualify as a derivative beneficiary. If you were under 21 when a petition was filed but are now over 21 years old, you should consult with an immigration attorney.

All visa categories for petitions filed before the May 1, 2001 deadline are currently available except for the countries of Mexico and the Philippines. If you are from Mexico or the Philippines, contact an experienced immigration lawyer to find out if you can get your papers now. Visa availability is dictated by the Visa Bulletin, which is a monthly publication by the Department of State. Here are just two examples:

1) Maria is from the Philippines. Her father filed a petition for her when she was 22 and her father was a permanent resident. The petition was filed on April 30, 2001. As of September 2010, her visa category is current up to August of 2002. Because her priority date (4/30/2001) is already current, she can get her papers in just a few months.

2) Jose is from Mexico. His father filed a petition just like Maria’s father did. His priority date is also April 30, 2001. But for Mexico, the visa category is backed up to June of 1992. Jose has to wait about nine more years before he can adjust status.

These are just two examples. Obviously, the priority date, country of origin, and type of relationship are important factors. To fully understand your immigration case and opportunities to get a visa, you should call our Henderson immigration attorney today for a free consultation.

Nevada’s Sen. Harry Reid, who is in a tight race for re-election against a right-wing Republican, spoke to Hispanic activists yesterday at an event about immigration in Las Vegas. In response to a question about immigration policy, Reid opined that he doesn’t understand how any Hispanic voter could be a Republican, given the party’s support for tough anti-immigrant policies such as Arizona’s harsh SB 1070 and its blockage of proposals for major immigration reform.

Reid was criticized for the comments, but his campaign did not back down from them. Congressional Republicans are preparing for a showdown on comprehensive immigration reform, the Reid Campaign said, and Reid said that he is ready for a battle like the one he waged — and won — on healthcare reform. Although many Americans support laws like Arizona’s controversial new policy, there is also broad support for immigration reforms to address the estimated 11-12 million unauthorized immigrants currently in the country.

Reid is also calling the Senate back into session from recess, as did his colleague Nancy Pelosi of San Francisco, to authorize funding for 1,200 to 1,500 additional troops to patrol the US-Mexico border.

Reid remains confident about his actions on immigration reform: he is funding greater border security, moving forward on legislation for CIR, and treating the immigrant community with respect. His Republican opponent Sharron Angle has so far only endorsed enforcement without major changes and is now clamoring to strip the children of immigrants of their U.S. citizenship. Nevada voters have a stark choice this November.

Visit us again soon for the latest information on efforts for immigration reforms. To find out if you can complete an Adjustment of Status without waiting for reforms, call us today for a free consultation.

The Fourteenth Amendment’s first clause states that any person born in the United States is a citizen of the country and of the state into which s/he was born. Right-wing critics have seized on this as a loophole allowing illegal immigrants to enter the country, give birth, and inherit the benefits of their child’s U.S. citizenship.

Unsurprisingly, they have not yet explained how this extends benefits to the parents. Except in rare cases, parents would not be able to gain immigration papers for themselves until their U.S. citizen child turns 21 years old; two decades is a long time to wait for a Green Card.

Another argument is that by extending citizenship and its rights and protections to the children of undocumented immigrants, the United States “rewards” the parents who choose to enter the country without authorization. The fairness of punishing a child for the misdeeds of its parents seems to be a non-issue for advocates of these extreme changes.

Reid, a moderate Democrat who has quietly risen to the most senior position in the Senate, has overtaken Angle in public opinion polls despite his relative unpopularity in the state. Angle has spent most of her career in the Reno area and has never been bashful about her beliefs and voting as her ideology dictates. Reid’s campaign has seized on Angle’s extremism and now has been handed a neat message for the state’s Latino voters: Sharron Angle will do anything (except give earnest consideration to comprehensive immigration reform) to punish unauthorized immigrants who have come to this country in search of better lives.

For continuing coverage of the politics of immigration reform, visit us again soon. If you would like to learn more about gaining permanent residence for yourself or a loved one, call for a free consultation with our Las Vegas immigration lawyer.

In a twist of irony, it is only when these “1.5 Generation” students reach the age of college or entering the workforce that their immigration problems begin. Because unlawful presence does not begin accruing until age 18, it is possible for young people to spend ten, twelve, or even more years in the country illegally but without facing deportation or any other immigration issues. Upon turning 18, however, the clock starts ticking. Once they have been in the country for over six months, leaving the country will involve an automatic bar of re-entry for three years.

The DREAM Act is federal legislation that has been pending for nearly ten years and which would grant special protections to young people brought into the country illegally at a young age by their families. As the New York Times reports, the Obama Administration’s efforts to loosen enforcement and deportation against these individuals has created a similar shield, although it is not an official policy or a law; the policy could change at any time based on political conditions.

The DREAM Act would give high school graduates who are planning to attend college, vocational school, military service, or begin major volunteer work an opportunity to self-petition for their immigration papers.  In many cases, these individuals are not able to pursue traditional family-based petitions, and they are often too young to have a means of immigrating based on a spousal petition.

At the same time that immigrant rights advocates are considering this legislation, many on the political Right are calling for changes to the Fourteenth Amendment. Passed after the American Civil War, the Amendment was meant to right the wrongs of slavery by declaring that all persons born or naturalized in the United States were U.S. citizens. This extended citizenship rights to former slaves and their descendants, who had previously had no legal rights.

Today, Republicans like Sen. John McCain (R-AZ) and Sen. Lindsey Graham (R-SC) are calling for hearings to investigate rewriting the Fourteenth Amendment. They claim that “birthright citizenship” has created a perverse incentive for unauthorized immigrants, with parents coming to the United States with the express purpose of “dropping” a child on U.S. soil so it becomes a citizen. The repulsive term “anchor baby” is suddenly back in usage, despite the absurdity of the term given the realities of immigration regulations. Having a child here as a means of gaining immigration authorization is almost exclusively a 21-year scheme; surely most individuals could secure more direct access to a Green Card.

Nevada Latinos are rallying around Sen. Harry Reid, the current Majority Leader in the Senate. He faces opposition from right-wing Republican Sharron Angle but may be able to secure the Latino vote by showcasing his solid background of working for just immigration policies. Reid also has the power as Majority Leader to shape Congress’s legislative agenda. With Reid in the Senate, Nevada Latino voters can look forward to a serious conversation about comprehensive immigration reform rather than a politicking charade about dismantling the Fourteenth Amendment.

Call us in Reno or Las Vegas for a free consultation with our Nevada immigration lawyer.