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Texas Office : (281)-674-7658
10777 Westheimer Road, Suite 1100 Houston, Texas 77042

Vietnam Office:
Floor 8, Le Meridien Building 3C Ton Duc Thang Street District 1, Ho Chi Minh City

What is Illegal Immigration?

There is a lot of talk these days about illegal immigration.  Since it seems to be a hot button topic, it is important that you understand the facts.  So who or what exactly is an Illegal Immigrant?

Immigration LawAn illegal immigrant is any unauthorized resident that is born in a foreign country and that is not a resident or citizen of the country where they are residing.  The term illegal immigration refers to people that cross international borders in an illegal manner.

Four Common Types of Illegal Immigrants:

  1. Undocumented or Unauthorized Entries –

    These are people that have left one country and crossed over to another in secret or without being detected.

  2. Entry on Fraudulent Documents –

    These are people who left one country and entered another, they went through inspection but presented fraudulent documents.  Usually they present a false identity or false documentation in support of their admission.

  3. Visa Length Violations –

    These are those individual that enter another country with proper documentation but they knowingly reside in the country longer than they were allotted.  Overstaying the length of time on your Visa, makes you no longer a legal visitor.

  4. Terms and Conditions Violations –

    These individuals have entered one country from another with proper documents and inspection but have violated a term or condition of their visa.  One of the most common violations is accepting employment.

If you find yourself in one of these categories of illegal immigration and need assistance from a U.S. Immigration Attorney, contact The Gambacorta Law Office today 847 786 2599 and we will gladly assist you.  We have offices in Illinois, Arizona, Texas and Hawaii.

US Immigration Cases are on the Rise

Recently the Department of Justice released stats that told a sad story.  This story was that the U.S. Immigration Court has seen more cases in the first half of 2017 than they did during the entire 2016 year.

Take for example this outrageous case.  In 2014, a Guatemalan immigrant and his son crossed to the United States through Mexico.  They entered the United States under the asylum process, even though the father had been previously deported.  The father, was picked up by police for a misdemeanor crime unrelated to his immigration case, the misdemeanor charge has been dismissed.  However, due to his father’s deportation the son, who is only 15 years old is now a ward of the DHHS and the court is trying to determine where he should live.  Since his father’s deportation he has stayed with a friend of his father and his uncle.  It will be up to the court to decide where his long term placement will be.immigration case

Let’s look at the numbers, in the year 2016, there was 239,000 Notice to Appear documents filed with Immigration Court.  In the months of January to June 2017 there was 219,000 new Notice to Appear cases filed with the immigration court.

The aggressive arresting behavior of the ICE agents is sending more undocumented parents back to their home countries and leaving their children to fend for themselves in the foster care system.

With the increase in immigration arrests and deportation it is important that you know your options.  If you are in the United States Illegally and you have young children, find an immigration attorney and set up an appointment to discuss your options today.

Call the The Gambacorta Law Office at 281 674 7658 and we will always be ready to assist you. We have offices in Illinois, Arizona, Texas and Hawaii.

Seven Major Immigration Law Issues Affecting U.S. Businesses

Many businesses in the United States of America are very concerned about the immigration laws, policies and the changes that are affecting the business community.  Even though the competition has become more fierce for companies both nationally and abroad they have been inclined to hire key foreign workers.  On the other hand, The Immigration and Customs Enforcement have orchestrated government raids that have ended in criminal prosecutions against U.S. employers for employing undocumented immigrants which has caught the interest of the public eye.

Regardless of the problems affecting the workforce, businesses are now focusing on the difficulties the immigration law will bring about in the future.  Specifically, with the president who is pressing hard for a major reform of the country’s immigration laws in 2017 and onwards which likely will be on the forefront of the business arena.

Immigration Law

While there has been a higher demand for immigrant workers to enter the U.S. to work, businesses nationwide must be aware of certain immigration law issues.  If you face any conflict with the U.S. immigration law as an employer talk to your nearest immigration attorney for advice.

ISSUE #1 – The Invalid Form I-9 is Still in Effect

According to USCIS, employers can still continue using the expired Form I-9 until further notice to confirm the legal status of new foreign employees.  A stiff sanction of around $375 to $16,000 is given to business who hire undocumented immigrants to work illegally in the country.  Failure to provide a Form I-9 can end in $110 to $1,100 per violation.

ISSUE #2 – The Lawful Status of Immigrant Workers is Still Unknown 

In 2016, the Supreme Court authorized the Department of Homeland Security to postpone the deportation of undocumented workers for up to 3 years.  The unknown number of immigrants who were already working in the U.S. could remain working under certain stipulations.  Unfortunately, for employers who had initially hired any illegal workers will find that they are no longer able to work in the country and this will pose a problem, for both parties.

ISSUE #3 – H1-B Visa Caps Remain the Same 

According to U.S. Congress the limit of skilfull employees who can legally work in the U.S. with an H1-B visa has already been met.  USCIS has began H1-B petitions for 2018 fiscal year on April 1, 2017.  USCIS has accepted 20,000 applications via H-1B Master’s Exemption, however, there is a cap of 65,000 for the 2018 Fiscal Year.  Businesses who rely on immigrant workers must start filing their petitions for the following fiscal year.

ISSUE #4 – Thorough Immigration Reform Could Potentially Increase Wages

According to the unbiased Fiscal Policy Institute it is estimated that the undocumented who legally obtain a work status might receive an increase of 5% to 10% in salary.  U.S. Employers must plan ahead because these immigration reforms are unpreventable.

ISSUE #5 – The Competition will Become Fierce after Immigration Reform

The bipartisan group known as the New American Economy, strongly believes that foreigners are 50% able to establish a new businesses as opposed to U.S. born citizens.  On the bonus those businesses can aid in reproducing more income for the U.S., regenerating infrastructure and renovating cities.  In contrast U.S. businesses will need to better their own competitive advantages and create more win win situations.

ISSUE #6 – International Relations, U.S. Immigration and The Brain Drain Phenomenon 

When a country opens up its doors allowing foreign workers whether skilled and unskilled this may lead to a higher rate of the “brain drain phenomenon” in underdeveloped nations.  This means that a country loses its highly educated and creatively skilled workers to other countries when they migrate from their home country.  This movement creates a problem because the most competitive workers leave and cleave to other nations contributing their expertise to the economy of other countries.  The country they leave then suffers from economic hardships because those who stay in their home countries lack the mastery in how to accomplish greater things for their companies.  This obliges countries to execute their own immigration limitations.  Businesses that function overseas might see opportunities diminish if the brain drain phenomenon heavily emphasizes on trading on another company’s economy.

ISSUE #7 – Too Many Undocumented Immigrants 

Approximately sixty percent of illegal immigrants live in six different states such as: Texas, New York, New Jersey, Illinois, Florida and California which have a large population.  This mass group makes immigration look like a territorial issue.  Businesses in these states will be raided by immigration law changes in which neither the employers nor employees will have no chance at voicing their opinions.  Those changes will benefit no one.

All businesses in the U.S. whether large or small cannot turn a blind eye to the immigration laws.  Being aware of what happens in the immigration system helps with effective planning and how well you will manage your business.  If your business has a situation with U.S. immigration visit an immigration lawyer immediately.

Visit Your Nearest Immigration Attorney 

Whether you as a business owner or your employees are facing a hard battle with the U.S. immigration or you want to hire immigrant workers, consult with an expert immigration attorney.  The Gambacorta Law Office will advise and formulate a plan that best suits your business.  Call us today at 281 674 7658 for an office appointment at our Arizona office or 847 786 2599 to visit us in Illinois.