Immigration Law News NH and beyond

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Immigration Newsletter

Tuesday, April 8, 2014

Monday, April 7, 2014

How Manchester’s Burgeoning Bhutanese Population Is Pursuing the American Dream | Travel | Smithsonian

How Manchester’s Burgeoning Bhutanese Population Is Pursuing the American Dream | Travel | Smithsonian



Fold the momo and pinch it closed. (Jessica Scranton)


Read more: http://www.smithsonianmag.com/travel/how-manchesters-burgeoning-bhutanese-population-pursuing-american-dream-180950187/#FxJeVa4FWs4Yucja.99
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Drew Law Office, PLLC -- Immigration Attorneys, Bedford, NH -- (603) 644-3739  or www.drewpllc.com

Thursday, April 3, 2014

California Farmers Short of Labor, and Patience - NYTimes.com



California Farmers Short of Labor, and Patience - NYTimes.com

NYT Jennifer Medina
 
An onion field near Stratford in California’s Central Valley. Nearly all farmworkers in the region are immigrants, and roughly half of them are working illegally. CreditMatt Black for The New York Times





Industry groups are among the most important forces pressing Congress for an immigration overhaul. Tom Nassif, the president of the Western Growers Association, has shuttled to Washington to press members of Congress, especially Republicans, to get a bill passed this year. Mr. Nassif, an ambassador to Morocco under President Ronald Reagan, has long called for easing entry at the Mexican border to make it easier for growers to find labor.


“We’ve had secure borders with Mexico for the last decade; we don’t have that argument at this point,” Mr. Nassif said. “Now we want people to see the real damage of not doing anything, which is a declining work force, and it means losing production to foreign countries.”


After the 2012 presidential election, as Republicans spoke enthusiastically about the need to court Latinos, Mr. Nassif was optimistic that immigration would become a top priority. But exasperation has replaced his confidence in recent months, and he said his group could withhold hundreds of thousands of dollars in congressional races in which it has usually supported Republicans.


“I can tell you if the Republicans don’t put something forward on immigration, there is going to be a very loud hue and cry from us in agriculture,” Mr. Nassif said. “We are a tremendously important part of the party, and they should not want to lose us.”





 Drew Law Office, PLLC -- Immigration Lawyers NH -- (603) 644-3739www.immigrationNH.com

Friday, March 28, 2014

NH House (Democrats primarily) Pass Bill HB1135 that will target undocumented immigrants...


The world's end is undoubtedly nigh! If I were a member of the NH House (and yes, I know many are thankful I am not) I would have voted with Jordan Ulery (R. Dist 37)!

What makes this all the more ironic is that the bill (HB1135) relating to enhancing the penalties for driving without a license will have a disproportionate impact on undocumented immigrants - the favorite whipping boy of conservatives/libertarians like Mr. Ulery -- some of whom voted against the bill.

The impetus of the bill has been described by some as the terrible vehicular homicide case of Darriean Hess over on the Seacoast. In that tragic event, a number bicyclists were killed and maimed by Ms. Hess (who was not a licensed driver). Ms. Hess, however, cannot be charged under the proposed new law - but was charged with eight other offenses including negligent homicide, manslaughter, 2nd degree assault, driving under the influence of drugs -- which could result in 40 years in prison.

I don't see changing the driver license law in this way as being much of a deterrent in a case like Ms. Hess'; nor would it meaningfully add to her potential prison sentence. What the law will certainly do, however, is criminalize driving by undocumented immigrants - who are not allowed to obtain driver's licenses in New Hampshire. In complex immigration cases, even people who will ultimately obtain legal status often go without documentation for several years. Ask any judge or chief of police in Southern New Hampshire if the undocumented make up a majority of the driving without a license prosecutions.

Here is some of the language from the proposed law:

II. Any person who drives a motor vehicle in this state who had a valid license that was expired for 12 months or less shall be guilty of a violation and fined not more than $50 plus penalty assessment, provided that any person convicted of such offense for the second time in a 12 month period shall be guilty of a misdemeanor.

IV. Any person who drives a motor vehicle in this state and who has never had a license or whose license to drive has been expired for more than 12 months shall be guilty of a misdemeanor.

This language lets the lazy and/or oblivious "real Americans" off the hook for not renewing their license as long as it has been less than a year. However, if (because you are a non-citizen w/o legal status) you were never able to get a license -- regardless of your skill, or the care with which you drive -- you will be a criminal for committing the same act.

Was this an unintentional result of a bill passed for other reasons? Perhaps. However, this bill really does very little to prevent another Darriean Hess situation; it exempts many people who might be intentionally avoiding license requirements and ups the ante on an entire class of "others". People who had no role in the Hess incident and who have no way to comply with the law short of not driving to work, or driving their kids to school, or driving to the grocery store. In other words -- not living in New Hampshire, because without driving a car or having a chauffeur you cannot work and raise a family in New Hampshire.

So here I find myself, a Democrat, an immigration lawyer, stunned at the tunnel vision of my representatives and finding myself in accord with the likes of the most rabid of RWNJs on this issue. I now have to rely on the good sense of the NH Senate to stop this "feel good" legislation before it does way more harm than any good it will likely ever do. Never in my wildest dreams (or nightmares) could I have imagined that.

http://www.gencourt.state.nh.us/legislation/2014/HB1135.html

http://www.gencourt.state.nh.us/bill_status/Roll_calls/billstatus_rcdetails.aspx?vs=183&sy=2014&lb=H&eb=HB1135&sortoption=&txtsessionyear=2014&txtbillnumber=hb1135&ddlsponsors=&q=1&lsr=2224

Drew Law Office, PLLC -- Immigration Attorneys, NH -- (603) 644-3739 www.drewpllc.com

Thursday, March 27, 2014

Obama endorses House Dem immigration push

Obama endorses House Dem immigration push

AP Photo
click the link to see the full story by Seung Min Kim:

...

A discharge petition forces House leaders to put legislation on the floor for a vote. It needs a majority of House members, or 218 signatures, to succeed. Such efforts are rarely successful because signing the petition is considered a sign of disloyalty for a member of the majority party.

Even if all 199 sitting Democrats endorse the immigration discharge petition, it would still need 19 GOP signatures.

Though they have hinted at the effort for weeks, House Democrats on Wednesday formally launched the discharge petition effort to force a vote on a sweeping bill much like the version that passed the Senate, except that it scales back its so-called border surge provisions. During an outdoor rally in unusually frigid and snowy March weather, a slew of House Democrats and immigration activists urged support for the legislative strategy and pressed for a floor vote on reform.





Read more: http://www.politico.com/story/2014/03/barack-obama-democrats-immigration-105047.html#ixzz2xBySQeQm











 Drew Law Office, PLLC -- Immigration Lawyers NH -- (603) 644-3739www.immigrationNH.com

Thursday, February 20, 2014

ICE-Granted DACA Renewal Guidance | USCIS

ICE-Granted DACA Renewal Guidance | USCIS



RE:  Form I-797C, Notice of Action                 
Case Type: Form I-821D, Consideration of Deferred Action for Childhood Arrivals 
We wish to inform you of your opportunity to renew Deferred Action for Childhood Arrivals (DACA). Our records indicate that U.S. Immigration and Customs Enforcement (ICE) deferred action under the DACA process in your case.  If you wish to renew your deferred action for another two year period, you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrival to U.S. Citizenship and Immigration Services (USCIS).  This form must be completed, properly signed and accompanied by a Form I-765, Application for Employment Authorization (along with the accompanying filing fees for that form, totaling $465), and Form I-765WS. 
If your previous period of deferred action expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action.  For this reason, USCIS encourages you to submit your request for renewal 120 days before your current period of deferred action under DACA expires.
 An individual whose case was initially deferred under DACA by ICE may be considered for Renewal of DACA from USCIS if he or she: 
  • Was under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching his or her 16th birthday and established residence at that time;
  • Has continuously resided in the United States since June 15, 2007, up to the present time;
  • Did not depart the United States on or after August 15, 2012 without advance parole.
  • Was present in the United States on June 15, 2012, and at the time of making his or her request;
  • Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
  • Has graduated or obtained a certificate of completion from a high school, has obtained a general educational development certificate,  is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; or was in school at the time he or she requested DACA from ICE and: 1) has successfully completed an education, literacy, or career training program (including vocational training) and obtained employment,  2) is currently enrolled in high school, postsecondary school or a new/different education, literacy or career training program, or 3) has made substantial, measurable progress toward completing an education, literacy, or career training program and,
  • Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. 
USCIS will review your request to determine whether the exercise of prosecutorial discretion is appropriate in your case. Each case will be considered on an individual, case-by-case basis.  Even if you satisfy the threshold criteria for consideration of Deferred Action for Childhood Arrivals, USCIS may determine, in its unreviewable discretion, that deferred action is not warranted in your case. You will be notified of the decision in writing. There is no motion to reopen/reconsider the decision and there is no right to appeal; however, USCIS may issue a Request for Evidence to obtain further evidence to demonstrate that you meet the guidelines. 
For additional information on needed documentary evidence or to download the required forms, please visitwww.uscis.gov/childhoodarrivals.

Wednesday, February 19, 2014

Poll: A shift on immigration reform - Jose DelReal - POLITICO.com

Poll: A shift on immigration reform - Jose DelReal - POLITICO.com



The American public’s priorities have changed on immigration reform to equally emphasize border security and dealing with undocumented workers already in the country, according to a new poll released Monday.
The Gallup poll shows that 43 percent of those surveyed say securing the border is “extremely important” while 44 percent attach the same importance to dealing with the the status of undocumented immigrants in the country.
In earlier surveys, respondents were more likely to rate border security as extremely important than dealing with illegal immigrants, Gallup said.


Read more: http://www.politico.com/story/2014/02/poll-immigration-reform-103582.html#ixzz2tmmorSBD