Dream Act:
Illegal immigrants could pay less for college

Reported by: Dee Registre
Email: dregistre@ActionNewsJax.com
Published: 10/14 5:53 pm
JACKSONVILLE, Fla. — For freshman Trevor Cheatham, college isn’t cheap. “It’s really expensive. It’s over $10,000 a semester,” he said.

He is one of around 800 students at the University of North Florida who pay three times more for tuition because they are out of state students. But soon illegal immigrants could also pay less for the same education.

“It’s not right if you ask me,” said Cheatham.

A law introduced to the House and Senate would allow illegals to pay the in-state tuition rate if they have attended a Florida high school for at least three years.

“By being here, they are contributing to the local economy,” said Stephen Davis. Stephen is an immigration lawyer, and he says being able to go to college is part of the American dream.

“The law is not saying that they agreed to free tuition. They will just pay what everyone else who lives in the state would pay,” said Davis.

No one knows how many students would benefit from this new law because the state doesn’t track undocumented students.

“If they want to go to college that’s cool. More power to them, but I definitely think they should pay the out of state rate,” said Cheatham.

The law would also require undocumented students to file an affidavit saying they intend to become legal immigrants. If the law passes it goes into effect July 1st.

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Dream Act:
Illegal immigrants could pay less for college

Washington (CNN) — In a move that could shake up the U.S. immigration system,
the Department of Homeland Security is going to begin reviewing all 300,000
pending deportation cases in federal immigration courts to determine which
individuals meet specific criteria for removal and to focus on “our highest
priorities.”

DHS Secretary Janet Napolitano said the review will enhance public safety.
“Immigration judges will be able to more swiftly adjudicate high priority cases,
such as those involving convicted felons,” Napolitano wrote Thursday in a letter
to assistant majority leader Sen. Dick Durbin, D-Illinois, and 21 other senators
including Indiana Republican Richard Lugar.

In April, Durbin and Lugar sent a letter to Napolitano asking her to stop
deportations of immigrant students who could earn legal status under the
DREAM Act — legislation that would give children of illegal immigrants a path
to citizenship through military service or college education.

Napolitano said the Obama administration has frequently pointed out “it makes no
sense to expend our enforcement resources on low-priority cases, such as
individuals… who were brought into this country as young children and know no
other home.”

Officials say immigration court dockets are clogged, putting public safety in
jeopardy, costing money, resources and time. They want to see DHS enforcement
resources diverted from illegal immigrants who don’t have criminal records to
individuals who pose a threat to public safety and national security.

A senior administration official, who requested anonymity because details of the
policy change had not yet been announced, told reporters 79% of deportations
involve people without a criminal record — people who have just entered the
country illegally or had been previously deported and re-entered.

Napolitano said the new policy change would not negate reforming immigration
laws and “will not alleviate the need for passage of the DREAM Act,” which would
give legal status to illegal immigrant students who attend college or join the
military. She added, “President Obama has called the DREAM Act the right thing
to do for the young people it would affect, and the right thing to do for the
country.”

But the Federation for American Immigration Reform (FAIR), which advocates
changing policies to decrease the number of immigrants coming to the United
States, said in a statement on its website that the action by the Obama
administration “amounts to an administrative amnesty and a sweeping overhaul of
the nation’s immigration policy without approval by Congress.”

FAIR President Dan Stein said in the statement, “In essence, the administration
has declared that U.S. immigration is now virtually unlimited to anyone willing
to try to enter and only those who commit violent felonies after arrival are
subject to enforcement.”

Under the new process, a DHS and the Department of Justice working group will
develop specific criteria to identify low-priority removal cases that should be
considered for prosecutorial discretion, including cases with minors, the
elderly, pregnant and nursing women, victims of serious crimes, veterans and
members of the armed services and individuals with serious disabilities or
health problems.

Durbin expressed support for the Obama administration announcement, saying in a
written statement that it was “the right decision” specifically as it relates to
students.

“These students are the future doctors, lawyers, teachers and maybe, senators,
who will make America stronger,” Durbin stated. “We need to be doing all we can
to keep these talented, dedicated, American students here, not wasting
increasingly precious resources sending them away to countries they barely
remember.”

Durbin’s statement added that when reviews of individual cases result in cases
being closed, those individuals “will be able to apply for certain immigration
benefits, including work authorization.”

Durbin’s statement did not elaborate on that aspect of the policy change, beyond
saying such applications for benefits would be reviewed on a case-by-case basis.

The National Day Laborer Organizing Network, an organization advocating improved
rights for day laborers, praised the move. “The administration had earned the
President the title of ‘Deporter-in-Chief.’ We hope the statement today
announcing review of the current caseload of victims of indiscriminate
enforcement is carried forth,” the group said in a news release.

CNN en Espanol’s Ione Molinares contributed to this report.

WASHINGTON – U.S. Citizenship and Immigration Services announced (last January 14, 2011) that the Department of Homeland Security (DHS), in colsultation with the Department of State, has identified 53 countiries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

The H-2A program allows U.S. employers to bring foreign nationals. to the United States for temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the United States for temporary nonagricultural jobs. USCIS, with limited exception, approves petitions only for nationals of countires designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. A new list of eligible countries publishes in a Federal Register notice on January 18, 2011, and the designations are valid for one year from the date of publication.

Effective January 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu. Of these countires, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

After considering a number of relevant factors under the governing regulations, the Department of Homeland Security and the Department of State have determined that Indonesia currently does not warrant a renewed designation as a participating country in the H-2A and H-2B programs for 2011.

This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status. A national from a country that is not on the list may be the beneficiary of an approved H-2A or H-2B petition if the Secretary of Homeland Security determines, in her sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition.

Article in The New York Times International, Tuesday, August 11, 2009, page A-6:

Obama Says Immigration Changes Remain on His Agenda, but for 2010 Enactment

Guadalajara, Mexico – Flanked by his counterparts from Mexico & Canada, President Obama on Monday reiterated his commitment to pursuing comprehensive immigration reform, despite his packed political agenda and the staunch opposition such an initiative is likely to face.

Mr. Obama predicted that he would be successful but acknowledged the challenges, saying, “I’ve got a lot on my plate.”

But in the most detailed outline yet of his timetable the president said that he expected Congress, after completing work on health care, energy and financial regulation, to draft immigration bills this year. He said he would begin work on getting the measures passed in 2010.

“Now, am I going to be able to snap my fingers and get this done? No,” the president said. “But ultimately, I think the American people want fairness. And we can create a system in which you have strong border security and an orderly process for people to come in. But we’re also giving an opportunity for those who are already in the U.S. to be able to achieve a pathway to citizenship so they don’t have to live in the shadows.”

Here’s a great video clip that my friend Tony Macaluso sent me.   It’s definitely worth watching:

President Obama remains committed to comprehensive immigration reform and upholding “America’s tradition of a nation of laws and a nation of immigration.”

According to the White House press release just out, among the initial changes Obama plans to implement are: (First), Improvements to the U.S. Citizenship and Immigration Services (USCIS). The office will collaborate with Mr. Obama’s chief information officer, chief performance officer and chief technologies officer to make the agency more efficient, more transparent, and more user-friendly. USCIS will also launch in the next 90 days a new Web site that will, for the first time ever, allow applicants to get updates in the status of their applications via e-mail and text massage and online.

(Second), Secretary Janet Napolitano of the U.S. Homeland Security will lead a group that will work with Congress to systematically work through immigration issues.

Jacksonville immigration lawyer Stephen Davis remains optimistic that the new pronouncements of President Obama will lead to the early passage of the comprehensive immigration reform act into a law.

Mr. Davis said, “he hopes the political opposition mentioned in The New York Times on June 26, 2009, will not prevent the much needed reform of the Immigration laws.”

I want you to take a look at: Reform Immigration for America | Home 

The following will be included in the “Global Perpectives in Real Estate 3Q09″ magazine published by the CIPS Network of the National Association of

REALTORS ®:

What is a piece of America? It is owning property and/or a business. What is it worth? It is worth its weight in gold to foreign buyers. The novelist, Pearl S. Buck, said, “None who have always been free can understand the terrible fascinating power of the hope of freedom to those who are not free.” You are not just selling property. You are fulfilling the American Dream.

Can the American Dream of Liberty become a reality to foreign buyers?

The book The National Association of REALTORS ® 100 Years in Celebration of the American Dream, published in honor of NAR’s Centennial in 2008, points out that the early colonists came here not only for religious freedom, but also to acquire property, which to them, offered individual liberty. This is still true if real estate is connected to an active business or commercial enterprise.

Currently, the United States has treaties of commerce and free-trade agreements with 76 countries. The nonimmigrant E-2 Treaty Investor Visa is issued by American Embassies and Consulates General in those countries to qualified investors or essential workers of E-2 investor companies.

What are the Basic Requirements for the E-2 Treaty Investor Visa? Read the rest of this entry »

Jax Immigration Lawyer to address

Nat’l Assoc. of Realtors in D.C.

            The Foreign Buyers: International and Second Home Forum at  the NAR Midyear Meetings, Washington, D.C. May 14^th  will feature Immigration attorney, Stephen H. Davis, who will discuss EB-5, E-2 and L-1 visas that allow foreign nationals to gain conditional permanent residency and/or nonimmigrant worker status in the United States. Hundreds of  realtors will attend the two-hour forum to learn about the limitations and opportunities that the current visa programs offer foreign investors, buyers and entrepreneurs.

            “In this time of economic downturn, there is an opportunity to focus on  attracting foreign investors. With these different investor visa programs, our government is already able to tap the vast financial resources from other countries,” Davis emphasized.  A long time visa program is being promoted more than ever. It is referred to as the “EB-5 Investment Green Card “. It helps an investor attain a “Conditional Lawful Permanent Residence” status by investing $500,000 in a limited partnership at various Regional Center Project areas which the government seeks to financially revive a designated geographic area of the United States. Another program is an investment of $1M and must create 10 new full time positions for authorized U.S. workers, Davis pointed out. 

             Another type of investor visa or status is the nonimmigrant trade or investor visa (“E-2 visa”) that is offered to a person who comes to the U.S. to invest, direct and control an enterprise/investment. For example, ownership of a hotel, restaurant, specialty shop, real estate development or purchase of multiple-unit rental properties or condominiums, franchise business. There is an E-1 Treaty Trader visa for the export/import business.

             Lastly, the intra-company transferee or L-1 visa is granted to an executive or manager who wishes to come to the U.S. to work for the U.S. corporate subsidiary, affiliate or branch of the foreign company and who has been employed with the parent company for at least one year within three years prior to filing.

             “In his book, Think and Grow Rich,  Napoleon Hill says that for every adversity there is a seed of equal or greater opportunity. I am optimistic that if we think positive, we can create our own bailout,” Davis remarked with positive energy.

 Stephen H. Davis, P.A. has been a full-time immigration lawyer in Jacksonville, Florida for more than 30 years. He is a member of the American Immigration Lawyers Association (A.I.L.A.) and served on the Board of Directors of its Central Florida Chapter. He has authored many articles on immigration law and co-authored two books entitled Obtaining Lawful Permanent Residence in the United States  published  by The Florida Bar.  He has been an Adjunct Professor of the Florida Coastal School of Law.  To date, he has represented clients from 178 different countries worldwide.