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Welcome. My name is James E. Pittman. My office is committed to excellence in the practice of US Immigration Law. I represent clients located across the United States and around the world, providing experienced, accessible legal representation with personal attention to all of your visa and other immigration law matters.

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Visit the Immigration in Real Time SM blog(below), to keep informed about news and legal and policy developments that affect the immigration system and all of us who deal with it. Immigration in Real Time SM focuses on illustrating how the law is made and by whom, what the law says, and what it means for immigrants and their employers, attorneys, and others who deal with the US immigration system. Please come back and visit often– or better yet, subscribe - and join me in witnessing and participating in the fascinating debate over how our country will manage the challenges posed by the task of implementing immigration policies and an immigration system that work for America.
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NFIB Backs “Enforcement-First” SAVE Act

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The National Federation of Independent Business (NFIB), the nation’s leading small-business organization, has announced its support for the enforcement-heavy Secure America through Verification Enforcement (SAVE) Act bill, which, as reported in a previous post, has been introduced into the House by Rep. Heath Shuler (D,NC).

More coverage here.

Federal Government to Revise No-Match Rule and Delay Crackdown on Employers in Face of Pressure, Lawsuit

sample-social-security-number-card.gifThe Bush administration, faced with a lawsuit and mounting political pressure, has announced plans to revise its previously announced no-match rule and to delay its implementation. The new regulation, promulgated by the Department of Homeland Security, was intended to force the firings of illegal aliens and is the subject of a lawsuit brought by a diverse consortium of parties, including business groups, the ACLU and immigrant advocates. The federal government has asked the judge hearing the case to delay the hearing until at least March 24 while it prepares the revised new rule.

Link to Los Angeles Times article. NY Times coverage here.

Read the previous post.

USCIS Overwhelmed: 2.5 million Applications Filed in Two Months To Beat Filing Fee Increase

dhs.JPG Agency sources reportedly have told spokespersons for the American Immigration Lawyers Association (AILA) that United States Citizenship and Immigration Services (USCIS) is completely overwhelmed by applications that were filed in the two months leading up to July 30, 2007, the date on which a major filing fee increase took effect.

It is anticipated that the backlog which will result from this surge in filings will delay the naturalizations of hundreds of applicants, with the result that they will be prevented from voting in the November 2008 election. The “paperwork tsunami” consists of approximately 2.5 million petitions and applications for various immigration benefits filed during June and July. USCIS leadership candidly admitted their surprise:

“Were we caught off guard by the volume? Let’s just say it was anticipated it would increase. It was not anticipated it would increase that much” said USCIS Director Emilio Gonzales.

Read the NY Times coverage.

See the current USCIS fee schedule.

Spotlight on Unfair Treatment of Same-Sex Couples by US Immigration Law

Under US Immigration law, same sex couples consisting of a US citizen or permanent resident and a foreign national do not enjoy any of the legal rights or benefits afforded to opposite sex couples. Currently, if a same-sex couple has been united in a civil union or marriage in a jurisdiction or foreign country where such unions are recognized, the US citizen or permanent resident cannot sponsor his or her partner for immigration. The Uniting American Families Act (UAFA) has been introduced by Rep. Jerrold Nadler (D, NY) into the House of Representatives and by Sen. Patrick Leahy (D, VT) into the Senate. The UAFA would cure the disparate treatment by providing the statutory (legal) basis for the same-sex permanent partner of a US citizen or lawful permanent resident to immigrate to the United States in exactly the same way as the foreign spouse in an opposite sex married couple. The legislation contains the following definitions of “permanent partner” and “permanent partnership”:

The term “permanent partner” means an individual 18 years of age or older who–
(A) is in a committed, intimate relationship with another individual 18 years of age or older in which both individuals intend a lifelong commitment;
(B) is financially interdependent with that other individual;
(C) is not married to, or in a permanent partnership with, any individual other than that other individual;
(D) is unable to contract with that other individual a marriage cognizable under this Act; and
(E) is not a first, second, or third degree blood relation of that other individual.

The term “permanent partnership” means the relationship that exists between two permanent partners.

UAFA, (H.R. 2221, S. 1328)

Human Rights Watch (HRW), in collaboration with Immigration Equality, produced a major report on the issue last year, entitled Family Unvalued, which can be found here.

Media coverage of the issue has increased since UAFA was introduced. Some clips follow.

Clip 1. A pro-UAFA clip from the program Out at the Center

You need to a flashplayer enabled browser to view this YouTube video

Clip 2. Rep. Jerrold Nadler Gives an Honest Assessment of the Prospects for Passing UAFA

You need to a flashplayer enabled browser to view this YouTube video

Clip 3. Rachel Tiven, Executive Director of Immigration Equality, on The O’Reilly Factor

You need to a flashplayer enabled browser to view this YouTube video

Spitzer Abandons Plan for Driver’s Licenses

spitzer.jpgA few days ago this blog featured a posting about NY York Governor Eliot Spitzer’s plan to have New York State issue three types of driver’s licenses and make one such type available to individuals regardless of immigration status. Spitzer, who came under intense pressure after unveiling his plan, announced yesterday that he was abandoning the idea, calling the issue “toxic” and saying that the strong emotions raised by the issue of how to deal with persons in the USA illegally prevented any reasonable measures to deal with the situation from being implemented. Read more.

Just in case you missed the controversy over the governor’s plan, here’s another clip where you can witness the sparks flying over this volatile issue: You need to a flashplayer enabled browser to view this YouTube video

Children (Citizens and Non-Citizens Alike) Suffer When Parents Are Detained by Immigration

An in-depth study has been released by the advocacy group National Council of La Raza claims that children, many of whom were born in the United States, suffer emotional trauma and receive uncertain care when their parents are detained in worksite enforcement operations conducted by US Immigration and Customs Enforcement. The study goes on to assert that the trauma caused by the sudden separation from the mother and/or father is often long-lasting and can set the stage for future mental disorders. Click here to go to NCLR’s site containing the report. The video of NCLR and the Urban Institute’s panel discussion of the report can be viewed (at least for a while) at the CSPAN site.

ICE’s response to the report was hostile. ICE spokesman Tim Counts had this to say:

“This report takes the bizarre position that ICE is somehow responsible for family disruption caused by parents who make poor decisions ……Law enforcement agencies across the nation arrest people who have children every day. Everyone understands that parents are responsible for their actions and the resulting impact on their families.

Read the Associated Press article here. More written coverage here

A local television station in Palm Springs, CA also produced the following report: You need to a flashplayer enabled browser to view this YouTube video

Legislators Urge Chertoff to Extend Optional Practical Training (OPT) to 29 months

Secretary of Homeland Security Michael Chertoff is being urged by a group of 19 US Senators, led by Joe Lieberman (I, CT) to extend the maximum period for Optional Practical Training (OPT) to 29 months from its current maximum of 12 months.

“Extending the maximum OPT period to 29 months would be an important first step in addressing the crisis caused by the record shortage of skilled-worker visas……“In Connecticut, and indeed across America, our innovative companies are facing critical shortages of certain highly skilled workers. We must enable our companies to access the talent they need, which ensures that they will keep jobs on our shores and that they will continue to grow in this country,”said Lieberman.

The move is intended to be part of an effort to begin addressing the shortage or workers in IT, engineering and other technical fields caused by the current cap on H-1B visas for skilled workers. This year’s allotment of 65,000 H-1B visas was used up on the first day of filing. In fact, USCIS received more than twice that number of petitions on April 1, 2007, the very first day of the filing period. Read the official press release.

Enforcement-only “SAVE Act” Introduced into House

The Secure America with Verification Enforcement (SAVE) Act (HR 4088) has been introduced into the House of Representatives by Rep. Heath Shuler (D, NC).

Iraqi Translators in the News

Iraqi and Afghan Nationals who have worked for the US Armed Forces for at least one year and who are able to obtain the recommendation of a General Officer are eligible to apply for permanent immigration to the United States (by petitioning for classification as special immigrants and then either consular processing for an immigrant visa or else applying for adjustment of status if already admitted to the United States). The number of translators who can immigrate under these provisions of the law is 500 per year. James E. Pittman, Esquire, provides experienced legal representation for Iraqi translators in this type of case. Contact the Law Office (215-772-1818) for more details.

Recently, media outlets around the country have covered the stories of some Iraqi translators who are in the process of immigrating to the US in the Special Immigrant translator category. Here a few clips:

(Disclaimer: The Law Office of James E. Pittman did not represent anyone featured in these clips.)

Clip #1: The story of Omar, one of ABC Correspondent Bob Woodruff’s interpreters

You need to a flashplayer enabled browser to view this YouTube video

Clip #2: The story of “George”, an interpreter who befriended a US soldier in Baghdad and now lives near him in Arizona

You need to a flashplayer enabled browser to view this YouTube video

Employment Eligibility Verification: New Form I-9 Issued

USCIS has announced a new edition of Form I-9 “Employment Eligibility Verification”. Most people recognize this as the form everyone is required to complete when starting a new job in order to demonstrate that one is eligible to be employed in the United States. Read the USCIS press release. A new version of the employer’s Handbook has also been published.