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According to different studies, over 11 million persons are undocumented in United States.

According to a recent study, Canadians see multiculturalism as an important component of national identity.

As a matter of national policy, Canada actively solicits immigrants and has done so for years. The public supports this and the default political assumption is in support of continued immigration. According to a recent poll, only a third of Canadians believe immigration is more of a problem than an opportunity, far fewer than any other country included in the survey. Rather, Canadians are concerned about “brain waste” and ensuring that foreign credentials are appropriately recognised and rewarded in the job market? Being an immigrant is also no barrier to being a proper Canadian; in parliamentary elections earlier this month, 11% of the people elected were not native. This warm embrace isn’t just a liberal abstraction; 20% of Canadians are foreign-born. (more…)

 

President Obama will discuss immigration reform during a visit to the border city of El Paso, Texas.

The White House says President Barack Obama will deliver a speech on immigration when he visits El Paso, Texas, next Tuesday, May 10.

In a tweet message, the White House said “Obama immigration reform speech Tues., in El Paso.” The message also encouraged the public to share their thoughts about a future immigration reform and policies to stop illegal immigration.

It will be the latest in a string of events the White House has devoted to immigration policy despite an unfavorable climate on Capitol Hill for passing the kind of comprehensive legislation Obama favors. The president wants to see a path to legalization for the millions of illegal immigrants in this country, something opposed by Republicans who control the House.

Eva Longoria is among the group Obama assembled. AP

President Barack Obama is turning to a Hollywood cast of Latino celebrities and activists for help jump-starting his stalled immigration policy.

The White House said the president was meeting  with a group, including actresses Eva Longoria, America Ferrera and Rosario Dawson, “to discuss the importance of fixing the broken immigration system.”

Obama wants to overhaul the nation’s immigration system to provide a path to citizenship for millions of illegal immigrants.

But with Latino voters , an increasingly important force going into the 2012 election, Obama is determined to show engagement on the issue. Another participant  is influential Los Angeles radio show host Eddie “Piolin” Sotelo, who’s urged Obama to work harder on immigration.

 

There are several steps to take in a successful Asylum process

The two ways of obtaining asylum in the United States are through the affirmative process and defensive process.

Affirmative Asylum Processing With USCIS

To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.

You must apply for asylum within one year of the date of their last arrival in the United States, unless you can show:

  • Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing
  • You filed within a reasonable amount of time given those circumstances.

You may apply for affirmative asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to USCIS.  For instructions on how to file for asylum, see the “Form I 589, Application for Asylum and for Withholding of Removal” link to the right.

If your case is not approved and you do not have a legal immigration status, we will issue a Form I-862, Notice to Appear, and forward (or refer) your case to an Immigration Judge at the Executive Office for Immigration Review (EOIR). The Immigration Judge conducts a ‘de novo’ hearing of the case. This means that the judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS. If we do not have jurisdiction over your case, the Asylum Office will issue an I-863, Notice of Referral to Immigration Judge, for an asylum-only hearing. See ‘Defensive Asylum Processing With EOIR’ below if this situation applies to you.

Affirmative asylum applicants are rarely detained by U.S. Immigration and Customs Enforcement (ICE). You may live in the United States while your application is pending before USCIS.  If you are found ineligible, you can remain in the United States while your application is pending with the Immigration Judge.  Most asylum applicants are not authorized to work.

For step-by-step information about the affirmative asylum process, see the “The Affirmative Asylum Process” link to the right.

Defensive Asylum Processing with EOIR

A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

Individuals are generally placed into defensive asylum processing in one of two ways:·

  • They are referred to an Immigration Judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or
  • They are placed in removal proceedings because they:
    • Were apprehended (or caught) in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status,
      OR
    • Were caught by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an Asylum Officer. For more information on the Credible Fear Process, see the “Questions & Answers: Credible Fear Screenings” link to the right.

Immigration Judges hear defensive asylum cases in adversarial (courtroom-like) proceedings. The judge will hear arguments from both of the following parties:

  • The individual (and his or her attorney, if represented)·
  • The U.S. Government, which is represented by an attorney from Immigration and Customs Enforcement (ICE)

The Immigration Judge then decides whether the individual is eligible for asylum. If found eligible, the Immigration Judge will order asylum to be granted. If found ineligible for asylum, the Immigration Judge will determine whether the individual is eligible for any other forms of relief from removal. If found ineligible for other forms of relief, the Immigration Judge will order the individual to be removed from the United States. The Immigration Judge’s decision can be appealed by either party.

For information about the grant of asylum by an Immigration Judge, see the “Granted a Green Card by an Immigration Judge” link to the right.

For information about the Executive Office for Immigration Review, including the Immigration Courts and the Board of Immigration Appeals, see the “Executive Office for Immigration Review” link to the right.

 

Key Differences Between “Affirmative” and “Defensive” Asylum Process
Affirmative Defensive
Individual has not been placed in removal proceedings before an Immigration Judge Individual has been placed in removal proceedings before an Immigration Judge
Individual affirmatively submits Form I-589 to  USCIS Individual:

  • Is placed in removal proceedings by an Asylum Officer;
  • Is placed in removal proceedings for immigration violations; or
  • Tried to enter the United States without proper documents and was found to have a credible fear of persecution or torture

If the individual was referred by USCIS, the asylum application already filed will carry over to the immigration judge.  If the individual did not yet submit an asylum application he or she will submit it to the Immigration Judge.

Individual appears before a USCIS Asylum Officer for a non-adversarial interview Individual appears before an Immigration Judge with the Executive Office for Immigration Review for an adversarial, court-like hearing 
Individual must provide a qualified interpreter for the asylum interview The Immigration Court provides a qualified interpreter for the asylum hearing and all other court proceedings. 

Courtesy: USCIS

Thousands of students would benefit from the approval of the Drem Act. AP.

This Tuesday, thousands of undocumented students in the United States were expecting the possibility that the U.S. Senate would take into discussion the bill known as the “Dream Act”, which would give thousands of children of illegal immigrants the possibility to legalize their status by attending college or serving in the military.

The proposal that also included the annulment of the military’s “don’t ask, don’t tell” policy that bans openly gay individuals from serving in the armed forces was blocked by 43 Republican votes. Democrats fell 4 votes short from the 60 minimum required to allow the bill into the senate floor.

Senator Harry Reid, leader of the Democratic Senate majority, included the proposal in a reauthorization bill for defense. (more…)

Dream act bill may help US president Barack Obama, who has courted the Latino vote. AP

The US Congress is poised to vote this week on a bill that offers more than 2 million young illegal immigrants a path to citizenship, a move that will re-open the toxic debate on the issue ahead of the November mid-term elections.

The vote could come as early as tomorrow.

The bill is being introduced by the Democratic Senate leader, Harry Reid, and is facing widespread opposition from Republicans.

(more…)

WASHINGTON — Tens of thousands of immigrants and activists rallied here on Sunday, calling for legislation this year to give legal status to millions of illegal immigrants and seeking to pressure President Obama to keep working on the contentious issue once the health care debate is behind him. (more…)

Washington D.C. – Building on important developments in immigration last week—with Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) outlining their forthcoming bipartisan immigration proposal; the White House and Senators Reid, Leahy, and Durbin expressing support for action this year; and hundreds of thousands of people rallying on the national mall—America’s Voice is launching a five-figure ad campaign to continue the drumbeat for reform in 2010. (more…)

Almost three years ago, Congress tried to reform the nation’s broken immigration system but fell short of the mark. The core questions of what to do about undocumented immigrants already living in the United States and about those who are sure to seek our shores in the future thwarted political agreement and shut down congressional negotiations in 2007. Under Presidents George W. Bush and Barack Obama, deployment of new enforcement strategies and the allocation of enforcement resources have multiplied. Nonetheless, the inherent systemic dysfunction has deepened, and the public call for solutions has amplified.

That legislative battle for immigration reform now looms again on the horizon. There are three options for restoring order to our immigration system: (more…)

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