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Immigration Lawyers PLLC
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SB 4: ‘Sanctuary city Ban bill” (“Show me the paper law”) in Texas. Is it constitutional? Its destructive effect on immigrants and communities.

On May 7, 2017 Texas Governor Greg Abbott signed Senate Bill 4 (S.B. 4), which is set to go into effect on September 1, 2017.

What’s is Sanctuary city?

There is no exact definition of being a sanctuary city. Practically it seems clear: what “turns” a city into a sanctuary is its willingness to use its local law enforcement to do the job of ICE. (Immigration custom enforcement) which is a federal agency. Austin, Houston, LA, San Francisco, New York, Seattle, Washing DC, and Seattle are good example of “sanctuary city”. It is not like a sanctuary city (city of refuge) in the Old testament where unintentional “criminals” were protected. Misconception of “sanctuary city” is that sanctuary city is the one that actively is doing something to protect the undocumented.

Sanctuary is defined not by something Cities do, but by something Cities do not do.

“Sanctuary cities” want to maintain the status quo in which “Immigration cops (ICE, Immigration Custom Enforcement) do what they do under its jurisdiction, and the local city cops do what they do under its jurisdiction—mainly keeping communities safe. That’s what it is supposed to be.
But under S.B.4, local cops are compelled (forced) to cooperate with ICE in doing immigration enforcement---that’s why it is called, “Show me the paper” law.
Practically what it means is that local cop (like Dallas or LAPD) when it arrests a person for speeding, and find that a person’s driver license was expired. If it is a sanctuary city, cop will give him just a citation for speeding and driving with an “expired license”. But if it is not a sanctuary city, cop will arrest him for suspicion that “they are here illegally” and they put “immigration hold” on such a person so that ICE would come and take him to its custody.

“Show me the paper” law unconstitutional?
A lawsuit over the legality of SB4 has already been filed in Western District of Texas, challenging it violates 10th amendment and 4th amendment of US constitution.

It violates 10th amendment because “Texas” being an arm of Federal government” (“Trump Administration”) to force cities’ cops in Texas to enforce Immigration Law, which is a federal law.
The bill is a direct (unconstitutional) attack on the power that’s reserved for cities in that it imposes stiff penalties, including jail time and removal from office if local official refuses to honor a detainer or to participate in federal immigration enforcement.

It violates 4th amendment because “Immigration hold” (ICE) is put on without a probable cause or arrest warrant. This "show me your papers" law is almost certainly unconstitutional as it will force law enforcement officers in Texas to honor federal Immigration and Customs Enforcement (ICE) detainers, which courts have already concluded put local jurisdictions at risk of legal liability for violating the Constitution.
Its adverse and destructive effects on our communities particularly minority communities.
• It encourages unacceptable racial profiling of people based on immigration status.
• It undermines the public safety of local communities. It makes local communities less safe since main jobs of local cops to protect its community from crimes are distracted by doing “Immigration enforcement”;
• It jeopardizes the documented people at the risk of being arrested if they don’t have “Papers” in their possession;
As an immigration attorney, I’ve seen a lot of abuse on “immigration (Ice) hold”. There are a lot of people who are here legally but do not have any documents to prove they are here legally mainly because USCIS oftentimes takes so long (years) to process their paper. They got pulled over for something like public intoxication or DWI or speeding and they get arrested and put on ICE hold, and they get detained in a jail for a week or so before ICE comes and clears them and release them.
• It tends to embolden abusive power of local cops and ICE over the immigrants and undocumented.
• It erodes communities’ (particularly minority) confidence and trust and its participation and cooperation to work with it local law enforcement, thus making our communities less safe.


Decreasing number of H1B (professional workers) applicant yet still two few quotas, and President’s Trump counterproductive “Buy American and Hire American” executive order---just full of fury and sound.
• On April 7, 2017, USCIS announced that it had received enough H-1B petitions to reach the statutory cap of 65,000 H-1B visas and 20,000 advanced degree visas for FY2018.
• On April 17, 2017, USCIS announced that it had received 199,000 H-1B petitions during the filing period, which began April 3. This represents a 15.7 percent decrease from the 236,000 petitions that USCIS received during last year's filing period.
• In an atmosphere of uncertainty, it is not surprising that fewer petitions were filed this year, despite the evidence that H-1B visa holders are job creators that benefit our economy.
• Contrary to the rhetoric, U.S. businesses do not seek H-1B workers in order to save money; the reality is that the fees and costs associated with filing a successful petition are high enough that most employers use the H-1B because they cannot locate a qualified U.S. worker to fill the position.
• Though overall receipts are down less from last year's receipts, this year is the fifth year in a row that enough petitions were filed to reach the cap within the first week of the filing period.
• Our immigration system is critical to all geographic and industry sectors, not just Silicon Valley. H-1B workers help transform state and local economies across the nation, from Boise, ID, to Raleigh, NC, Des Moines, IA, and Lincoln, NE. H-1B workers are vital to our healthcare system, and our manufacturing and energy industries.
• For the good of our economy, our nation needs a system that better reflects the realities facing U.S. businesses today and provides flexibility and options, including an increase in permanent visas and H-1Bs, for U.S. employers seeking to build a competitive workforce.

Today, President Trump signed his latest Executive Order "Buy American and Hire American." Its announcement reflects the administration's desire to move toward reforms to the H-1B program, there will be no immediate changes or impacts on H-1Bs. AILA President William A. Stock said, "Today's announcement brings to mind a famous phrase from Shakespeare's MacBeth: 'full of sound and fury, signifying nothing.' While the agencies are being asked to undertake a review of the H-1B program, the reality is that many of the changes contemplated by the administration will require legislative action, or at minimum, the lengthy rulemaking process. Rather than 'sound and fury,' what we really need is President Trump and Congress to work together on immigration reform that will bring our legal immigration system into the twenty-first century, so we have a system that works for us all."
Stock continued: "Our immigration system is critical to all geographic and industry sectors, not just Silicon Valley. H-1B workers help transform state and local economies across the nation, from Boise, ID, to Raleigh, NC, Des Moines, IA, and Lincoln, NE. H-1B workers are vital to our healthcare system, and to our manufacturing and energy industries. Any reforms proposed by the Trump Administration as a result of this Executive Order should be based on facts and data, not innuendo and anecdote, and must ensure that our immigration system, including the H-1B program, remain viable tools for U.S. businesses seeking to build and maintain a globally competitive workforce."


Decreasing number of H1B (professional workers) applicant yet still two few quotas, and President’s Trump counterproductive “Buy American and Hire American” executive order---just full of fury and sound.
• On April 7, 2017, USCIS announced that it had received enough H-1B petitions to reach the statutory cap of 65,000 H-1B visas and 20,000 advanced degree visas for FY2018.
• On April 17, 2017, USCIS announced that it had received 199,000 H-1B petitions during the filing period, which began April 3. This represents a 15.7 percent decrease from the 236,000 petitions that USCIS received during last year's filing period.
• In an atmosphere of uncertainty, it is not surprising that fewer petitions were filed this year, despite the evidence that H-1B visa holders are job creators that benefit our economy.
• Contrary to the rhetoric, U.S. businesses do not seek H-1B workers in order to save money; the reality is that the fees and costs associated with filing a successful petition are high enough that most employers use the H-1B because they cannot locate a qualified U.S. worker to fill the position.
• Though overall receipts are down less from last year's receipts, this year is the fifth year in a row that enough petitions were filed to reach the cap within the first week of the filing period.
• Our immigration system is critical to all geographic and industry sectors, not just Silicon Valley. H-1B workers help transform state and local economies across the nation, from Boise, ID, to Raleigh, NC, Des Moines, IA, and Lincoln, NE. H-1B workers are vital to our healthcare system, and our manufacturing and energy industries.
• For the good of our economy, our nation needs a system that better reflects the realities facing U.S. businesses today and provides flexibility and options, including an increase in permanent visas and H-1Bs, for U.S. employers seeking to build a competitive workforce.

Today, President Trump signed his latest Executive Order "Buy American and Hire American." Its announcement reflects the administration's desire to move toward reforms to the H-1B program, there will be no immediate changes or impacts on H-1Bs. AILA President William A. Stock said, "Today's announcement brings to mind a famous phrase from Shakespeare's MacBeth: 'full of sound and fury, signifying nothing.' While the agencies are being asked to undertake a review of the H-1B program, the reality is that many of the changes contemplated by the administration will require legislative action, or at minimum, the lengthy rulemaking process. Rather than 'sound and fury,' what we really need is President Trump and Congress to work together on immigration reform that will bring our legal immigration system into the twenty-first century, so we have a system that works for us all."
Stock continued: "Our immigration system is critical to all geographic and industry sectors, not just Silicon Valley. H-1B workers help transform state and local economies across the nation, from Boise, ID, to Raleigh, NC, Des Moines, IA, and Lincoln, NE. H-1B workers are vital to our healthcare system, and to our manufacturing and energy industries. Any reforms proposed by the Trump Administration as a result of this Executive Order should be based on facts and data, not innuendo and anecdote, and must ensure that our immigration system, including the H-1B program, remain viable tools for U.S. businesses seeking to build and maintain a globally competitive workforce."


Immigrant’s guide to survive Trump's presidency:
Apparently, there have been large scale ICE raids in Austin, Houston, other area and Immigration check points around here (Denton county and Tarrant county). Such an indiscriminate immigration checks by local and ICE cops in the metropolitan area seems to be unconstitutional and counterproductive. But it seems clear that it was going. Here are tips as to what you need to know and how to prepare yourself.

1. For everyone, make sure your driver license is valid.

2. Even for those are naturalized citizen, Have your copy of naturalization or your USA passport (Just ID page).

3. For those who are permanent residents now, apply for naturalization as soon as possible so that you would never have to worry about being deported and have a copy of your green in your possession.

4. For people with non-immigrant status, have your immigration documents in your possession: Like copy of Passport ID page, Visa, and I-94 (arrival and departure record) or any I-797 A (Receipt) that shows that your case had been filed and now pending.

5. For all people who are undocumented (especially young people), be extremely careful about getting entangled with law enforcement.

6. If you get entangled with any criminal issues, please consult not only criminal attorney but also immigration attorney because your immigration consequence would be far greater.

7. If you (undocumented) are currently serving probation or who just finished probation, be wise about your conduct so that you would not be selected for ICE arrest and detention for deportation.

8. For any reasons, you are in a removal proceeding, consult with immigration attorney to see if you have any relief from deportation. If you do, I strongly encourage you to fight for your relief---win or lose. If you lose, you can still appeal to BIA (Board of Immigration Appeal) to buy 2-4 years of time. Oftentimes, as times go by, there comes pro-immigrant regulations come out for you to seek another relief.

9. For all the undocumented people, please have copy of your children (who are US citizens) birth certificates, and marriage certificate (if your wife is US citizen or permanent resident). This will help you to get an immigration bond if you are detained by ICE.

10. Lastly for all un all the undocumented people, prepare and have power of attorney to authorize someone who is legal and someone you trust to withdraw money from your bank account or dispose your car or other real or personal properties in case you are detained and cannot be released and be deported.

11. If you are from Muslim majority countries, I strongly advise you not to travel abroad. If you must travel abroad, then be prepared to answer at the US custom questions like, are you a Muslin or do you practice Muslim faith, and which mosque do you attend, etc. I believe this is unconstitutional, but this seems to be what’s going on at the US custom inspection. If you say Yes, most likely you will be de facto, “registered” as a Muslim immigrant or non-immigrant.



I was arguing that Dallas county should be “a welcoming community” (“sanctuary county”….I think “sanctuary city or sanctuary county is a misnomer. It is not like a sanctuary city (city of refuge) in the Old testament where unintentional “criminals” were protected).

All I was asking that local cop do its job and ICE cop do their job right and legally.

Trump has been threatening to defund “sanctuary cities”. Most of cities get some federal funding (usually millions) to help with federal program and maintain federal buildings or highways etc. Cities all across the nations have debates regarding whether they risk of termination of “federal funding” should they maintain as a sanctuary city.

In Texas, Austin, Houston, and LA, San Francisco, New York, Seattle, Washing DC, and Seattle are good example of “sanctuary city”.
There is no exact definition of being a sanctuary city. Practically it seems clear: what “turns” a city into a sanctuary is its willingness to use its local law enforcement to do the job of ICE. (Immigration custom enforcement) which is a federal agency.

Practically what it means is that local cop (like Dallas or LAPD) when it arrests a person for speeding, and find that a person’s driver license was expired. If it is a sanctuary city, cop will give him just a citation for speeding and driving with “expired license”. But if it is not a sanctuary city, cop will arrest him for suspicion that “they are here illegally” and they put “immigration hold” on such a person so that ICE would come and take him to its custody.

As an immigration attorney, I’ve seen a lot of abuse on “immigration (Ice) hold”. There are a lot of people who are here legally but do not have any documents to prove they are here legally mainly because USCIS oftentimes takes so long (years) to process their paper. They got pulled over for something like public intoxication or DWI or speeding and they get arrested and put on ICE hold, and they get detained in a jail for a week or so before ICE comes and clears them and release them.
I believe such a practice is unconstitutional—denying of equal protection under the 14fth amendment and (prohibition against unreasonable search and seizure) of 4th amendment. But it seems clear that Trump does not believe “equal protection” for immigrants and undocumented. It seems clear that Trump wants to pick up and deport millions of people using such a bullying tactic (de-funding sanctuary city).



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Debate on whether a city decides to be a sanctuary city or not getting heated in Dallas. Our main attorney Jack KIM spoke before Dallas county commissioners asking them to approve this resolution. It was featured in a national TV. This is a debate going on across the cities in Texas and States.
On February 7, 2017, Dallas county decides to adopt a non-binding resolution called “Welcoming community”(welcoming the documented or undocumented) The real issue at hand with this resolution is one phrase: Local law enforcement agencies to end nonessential collaborations with Immigration and customs Enforcement (ICE).
http://www.khou.com/news/local/texas/dallas-county-passes-resolution-welcoming-undocumented-immigrants/403517166


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Got a Job but no paper!
Or Still waiting in a long line for years for your turn to file a green card.
I can help you to speed up your process by changing your line to employment based immigration, and with new a waiver process.
Magic happens! 10-20 years shrinks to 1-2 years please see below, and check youtube at https://youtu.be/F22ExvujB9o



The expanded I-601 (A) Stateside Waiver: effective from August 29, 2016.

An expansion on waivers for illegal aliens currently in United States, waiving the overstay bar and allowing aliens to apply for an immigrant visa in home country. Now it includes employment-based applications are eligible as well.

All person needs citizen or permanent resident spouse or parents and a Job.


an example:

His permanent father filed I-130 Petition for his son in 2006. He is from Mexico. He has to wait for 10 years before he can use the petition his father filed for him. But He got a job as a welder. His employer can file an employment petition for him. 10 years disappears because he gets into a different line. Employment petition takes about 8 months or so, he can apply this waiver because his father is a permanent resident. Once his waiver (I-601(a) is approved, he can go out to Mexico and apply for immigrant visa and come back to USA. As soon as he comes back with an immigrant visa, he will receive his green card. The whole process would take only a year or a year half---because he switches line from family petition to employment petition. Please take advantage of “short line in employment based petition and expanded waiver process.



The expanded I-601 (A) Stateside Waiver: An expansion on waivers for illegal aliens currently in United States, waiving the overstay bar and allowing aliens to apply for an immigrant visa in home country.

On July 29, the Immigration Department greatly expanded the waiver program for current illegal aliens which would allow aliens to go back to their home country and apply for an immigrant visa.

According to INA Section 212 (a) (9) (B) (v) if any alien overstays in the United States over 180 days he/she is barred for three years from visa eligibility. If an alien overstays more than 1 year, they are barred 10 years from visa eligibility. However, an alien who overstays may apply for the I-601 (A) waiver while in United States. I-601 (A) waiver forgives illegal overstays. After receiving the waiver the alien may return to Korea or their home country and return to United States legally after receiving their visa.

Administrative Procedural Changes to I-601(A) Put into Effect in 2013

Prior to 2013 any alien who overstayed in the United States had to go back to their home country was required to apply and be rejected for a visa in their home country and there after apply for the 3 or 10-year waiver. However, an administrative procedural changed was enacted in 2013. Since 2013, immediate relatives (spouse, minor children or parents) of US citizens were able to apply for I-601 (A), which waives 3-year or 10-year bar while remaining in United States. If waiver is granted the alien would then be able to go back to their home country and receive a visa and reenter United States with an immigrant visa. To receive such waiver approval alien’s citizen spouse or parent would have had to prove they would experience "extreme hardship" without the presence of alien in United States.

This procedure change was a big help to many potential applicants. 1) There was no risk involved. Since the applicant was applying in US, even if alien was not initially approved, the alien may re-apply while remaining in the United States. This procedural change eliminated the risk of being barred for 10 years because the application was processed while alien remained in US. 2) Also, while the waiver application was being processed (at least 6 months to 1 year) alien would be able to stay with his/her family in the United States. 3) Even if the alien was in removal proceedings alien may apply for this waiver and be granted a way out of removal proceedings. After waiver was granted the alien then may return to home country voluntarily and apply and receive their visa.

As stated above I-601 (A) was available to only aliens who has a spouse, minor children or parents with US citizenship.

On July 29th 2016 USCIS announced a great expansion of eligibility of aliens who may apply for I-601 (A).

However, new changes to administrative procedure of this waiver was announced on July 29. New changes are to be implemented starting August 29. This new change expands the I-601 (A) waiver eligibility greatly.

· Extended to aliens with spouse, children, parents and siblings with US citizenship and aliens with spouse and children with permanent residency status.

· Family-based and employment-based applications are eligible as well.

(Alien still needs a qualifying relative (citizen or permanent resident parents or children who must prove “extreme hardship” to them should the alien be barred or removed)

Examples of our clients.

1) The husband is legal permanent resident but wife has fallen into illegal status

2) unmarried or married children of Parents who are US citizens


Aliens under similar circumstances may apply for family-based immigration. After alien’s petition for family-based immigration is approved, he/she may apply for I-601 (A) waiver. Once waiver is granted and the alien receives forgiveness of his/her overstay, alien then may go out to Home country and apply for a visa and return to United States.

3) Siblings who applied for immigration a long time ago but have fallen to illegal status may apply for waivers under the new procedure. (However, the sibling alien still would need a parent or a spouse who is a legal permanent resident or citizen of United States who would experience “extreme hardship” without the alien’s presence in United States).

Aliens under similar circumstances may also apply for I-601 (A) waiver. After being granted the waiver, alien may go back to Korea and apply for a visa to return to United States.

4) Wife received her legal permanent resident status through her employment-based visa but her husband overstayed and was not able to stay together.

Aliens under similar circumstances may use the already-approved employment-based immigration application. Alien’s wife may apply as a "qualifying relative" (who may suffer “extreme hardship”) and apply for an I-601 (A) waiver. Then, based on the approved I-140 employment-based visa, alien may apply for a visa in their home country and reenter the United States.

However, in all of these circumstances alien’s qualifying relative must still prove "extreme hardship.” Since there are no changes to that requirement, those who may be qualified to receive these benefits due to the expansion of the eligibility of the waiver should seek professional assistance so they may take advantage of this great opportunity


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