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Salt Lake City Immigration & Naturalization Law Blog

Should the US keep the Green Card Lottery?

As we have discussed many times in the past on this blog, there are many different visa programs that offer access to the United States for a set temporary period of time or for permanent residency. Most employment or educated-based visas are temporary, providing a set period of time during which a person can stay in the United States to work or learn and requiring renewal at the end of the term. 

Permanent residency, on the other hand, is nearly irrevocable absent conviction for certain types of crimes. Permanent residency also gives immigrants access to U.S. citizenship after five years of continuous residency in the United States. Permanent residence is available through family immigration and through other programs like the U visa for crime victims. Permanent residency is also available through the Green Card Lottery, also known as the diversity visa, which admits about 50,000 people each year.

Immigration reform could help save social security

We have discussed the ongoing debates on immigration reform frequently on this blog. The fact is that Congress is finally poised to take up the issue and there are many different proposals on the table that could have a dramatic impact on all those seeking a better life and opportunity in the United States.

Immigration reform would have a wide impact on many areas of American life by evaluating the number and type of visas that are available to immigrants each year. In addition, it could have big impacts for the economy, as more and more people are able to work legally and pay taxes and contribute to government programs like social security. In fact, a recent anaylsis by the Social Security Administration showed that immigration reform that boost the number of people contributing to the fund by allowing them to work legally would add millions to the agency's trust fund. 

 

Father of four granted deportation reprieve

A father of four has been granted a deportation reprieve after a last-minute intervention by members of Congress on his behalf. The man's family appeared at a public forum in their community where representatives were speaking and asked for help just after 9 p.m towards the end of the event. The man's son told the crowd that his father would be deported at 4 a.m the next day and asked the members of Congress if they could do anything to help. 

They thought it was too late, but in the end, were able to offer assistance to the family. 

Utah ranks among top for immigration cases

The state of Utah pursues more immigration cases than 40 other states in the country, according to a recent release of data by the Transactional Access Clearinghouse. This year Utah rose three spots to rank 10th in the nation, prosecuting 135 immigration cases within the first six months of 2013's fiscal year.

Nationwide, most immigration cases involve charges for "entry of an alien at improper time or place." This means that immigration officials believe that someone entered the country without first acquiring the proper authorizations from authorities. A second very common charge was "reentry of a deported alien". This charge is brought when someone has already been deported but returns to the country without proper authorization.

 

New verifications in place for student visas

The Department of Homeland Security has recently announced a new security measure that will require border agents to verify the status of student visas each time a holder of such a visa crosses back into the United States. Current policy only requires a check when the person is referred to a second officer for additional screening, which can happen if they are on a watch list or have presented inconsistent or confusing information. 

A student visa is considered a non-immigrant visa, meaning that the person will obtain legal status only for a limited period of time after which they must apply for another type of visa or leave the country. 

Bombings affect Americans' support of undocumented immigrants

A new survey has found that support for a pathway to citizenship for undocumented immigrants has declined from last month. In fact, 52 percent of Americans back immigrants' pathway to citizenship, compared to 59 percent who supported such cause in an early April 2013 poll.

The poll was conducted by Quinnipiac University. Over all, the poll found that 11 percent of respondents think undocumented immigrants should be allowed to remain in the country, but not be granted citizenship. Thirty percent believe they should not be able to stay.

Immigration status and religion conflict for undocumented Mormons

There are more than 100,000 undocumented Utah residents of working age, according to estimates from the Pew Research Center. The prevalence of the Mormon church in Utah means that many of these individuals are also members of the church. 

As many readers are already aware, when Mormons turn 18 they traditionally go on a two year mission on behalf of the church to help spread the message of their religion. These missions are often international, presenting a problem and a conflict for young Mormons without legal immigration status.

Utah mother of five deported

Authorities recently deported a Utah mother of five after she was convicted of two misdemeanors. The woman had been living in the United States most of her life, arriving here as a child at age six. Then, when she was 22 years old and had children to care for, she sought a payday loan to avoid eviction from her home.

As an undocumented immigrant, the woman used a fake Social Security number to get the loan, according to the charges filed against her. The charges in Utah were misdemeanors, but under federal immigration law were considered aggravated felonies. As we've discussed on this blog in the past, certain categories of crime can lead to an automatic or expedited deportation order.

Path to citizenship can be difficult for asylum seekers

Some Utah readers are already familiar with the fact that the United States offers visas and eventually citizenship to people who need to seek asylum within our borders. Asylum is granted for immigrants who would be persecuted in their home country based on their race, nationality, politics or membership in a social group. Unlike other visa programs, there is no yearly limit on the number of asylum seekers who can be admitted in the United States legally.

Still, the process is difficult and confusing for many and has a low overall success rate. Some nonprofit organizations provide legal assistance to people seeking asylum, but overall these types of applications are generally prepared without the help of an attorney.

Supreme Court says no automatic deportation for man in drug case

The United States Supreme Court ruled in favor of an immigrant from Jamaica recently when they decided that a guilty plea in a state drug case did not require that he be automatically deported by immigration officials. As some readers are already aware, immigration law mandates deportation for non-citizens who are convicted of crimes within a certain category.

Among the list of crimes that trigger automatic deportation is drug offenses that could be punishable by over one year behind bars under the terms of the Controlled Substance Act. This doesn't mean that the person much actually be sentenced for more than year, but rather that the sentencing guidelines in the Controlled Substance Act allow for it.

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