Israel Hernandez contracted HIV on the job as a janitor in a medical offices building. The trash in one of the units was not disposed of safely, so when Israel pushed the trash down in the trash can, three different times, he was pricked with a needle containing HIV. He became ill and he is unable to work. To recover money for lost future wages in a personal injury lawsuit, an alien must either be in legal permanent status, or qualify for the status. Even though Israel is undocumented, he may have qualified. Ms. Yardum-Hunter testified about his qualification. Mr. Hernandez won a $4.2 million dollar judgment.
Yardum-Hunter Voted Among Top immigration Lawyers
LA Lawyer Magazine in a poll of 65,000 lawyers in Southern California selected 18 attorneys at the top of the field in the South Land. Alice Yardum-Hunter won a place on this prestigious list!
New Immigration Proposals
President Bush introduced legislation aimed at curing our nation’s immigration problems. It includes a three year renewable, temporary employment visa and overseas travel permit, regardless of undocumented immigration status. It’s no amnesty (permanenat residence), and requires employers to recruit from US workers before the alien’s case can be approved. Millions will gain legal status, for the short haul, but it is unclear what will happen as permanent residence is needed. It may also complicate the process for legal workers. In the long run, those whose status expires may become removable and employers may be sanctioned continued employment of undocumented aliens. When Department of Labor's receives registration of workers, it could use it later for immigration enforcement, rather than legal employment for qualified aliens.
Processing Times: Find Out How Long Your Case Will Take
How long will my case take? The answer to this question can be simple, or a complex calcuation of times added together for completion of many processes in one or more immigration statuses.
Processing times are something of misnomer. Not only do processing times relate to how long it takes immigration authorities to complete their tasks, but may include waiting in line for your turn to be eligible for a status based on a limited number of immigrant visas available annually. In addition, once your turn comes (when your "priority date is current"), the time it takes one of the government entities involved in your case can vary. It is this time frame that "processing times" include only. If you have a Receipt Notice from immigration that indicates a certain number of days to decide your application, this processing time is a "guestimate" which is more accurately determined by the current processing times available with the office handling your case. Depending on where your case was filed (with a Service Center, District Office, National Visa Center, U.S. Embassy, a State Employment Service Agency, or Department of Labor), you may be able to get each agency's current processing time on the Internet. Some handy links for processing times include those listed below. Feel free to contact us for legal advice about processing times. There's no cost for a first consultation. Please see our Free Initial Consultation form.
Processing time links:
The official BCIS website provides processing times for District Offices, Service Centers and the National Benefits Center:
https://egov.immigration.gov/graphics/cris/jsps/index.jsp?textFlag=N
The U.S. Department of Labor - labor certification, labor conditiona appliacation and local State Workforce Agency processing times:
http://ows.doleta.gov/foreign/times.asp
Department of State Visa Bulletin priority dates:
http://travel.state.gov/visa_bulletin.html
Sometimes it is necessary to find out when a priority date became available, you you may need to check archives of the State Department Bulletin. Those archives are at:
http://dosfan.lib.uic.edu/ERC/visa_bulletin/index.html
Special Registration for Muslim ment & U.S. VISITS for everyone
If you are male, between the ages of 16 and 45, and are a citizen or national of one of 25 Middle Eastern or Muslim countries, last year at this time, you became subject to "special registration" which is one of the ways the U.S. government is attempting to interdict terrorists. Special registration happens in one of three ways: on entry, departure or if you're here in the US at the required time of registration. If you're entering the U.S., special registration is automatic, and you will go through special immigration processing, including fingerprinting and photographing. If you depart the U.S., you're only permitted to do so at certain ports of departure from the U.S. Fo those in the U.S. who haven't entered or departed since this time last year, by the time you read this, the special "call-in" registration period for your nationality will be over. If you did not register within the period established and whether it is in your interest to register late depends on the reason why you did not register. When set up, registration was to occur annually, with the start day for re-registration having already begun. But because registration created the situation where many people were put into removal (deportation) proceedings who would otherwise be eligible for permanent residence ("green card") status, except that they had to register, the program is considered severe and has gotten bad publicity.
On January 5, 2004, the U.S. VISITS program began. This program will encompass special registration into a broader plan that will require visitors to the U.S. to be fingerprinted and photographed. Exempted from the program are visa waiver countries, which are those that are not required to have visas to enter the US for visitor purposes. All other visitor entrants must be registered under the US Visits program upon entry.
Legacy INS Becomes New Group of Agencies
On March 1, 2003, the INS was reorganized under different branches.
U.S. DEPARTMENT OF STATE - The US Department of State Visa Office, which was responsible for issuance of all visas (for people who are overseas), whether immigrant or nonimmigrant will now be directly within the Department of Homeland Security. US Embassies and Consulates as well as the Visa Centers in the US are now directly within Homeland Security, and not within any sub-division. State Department's other functions remain within the Department without change.
BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES (BCIS) - This includes adjudication of all immigrant and nonimmigrant petitions and applications, whether for permanent residence or temporary status formerly handled by the INS, and regardless of whether the person is in the U.S. and will acquire status here or overseas. If you're confused as to why overseas people are included here and above (in the former State Department functions), don't be. It is confusing! Just know that some cases first start with BCIS, and then go over to DHS's former State Department function upon approval of a petition. Eduardo Aguirre heads up this Bureau.
BUREAU OF CUSTOMS AND BORDER PROTECTION (BCBP) - Robert Bonner will head up this Bureau which will be responsible for enforcement at US borders, including at airports, sea and land ports of entry formerly handled by the INS. Both customs and immigration inspection at these ports of entry will be handled together in this one bureau.
BUREAU OF IMMIGRATION CUSTOMS AND ENFORCEMENT (BICE) - Michael Garcia will head this bureau. It will enforce within the interior of the U.S. and include customs, investgative and enforcement functions. People who are turned over for removal (deportation) and exclusion proceedings who are not found at ports of entry, will be processed through this bureau.
DEPARTMENT OF JUSTICE - All of INS used to be within the Department of Justice. The only aspect remaining is the EOIR, Executive Office for Immigration Review. This consists of the Immigration Courts which hear deportation/removal and exclusion hearings. It also includes the Board of Immigration Appeals, which reviews cases handled in immigration courts. John Ashcroft, our Attorny General, heads up this Department."