Well, it looks like the Dream Act did not pass the Senate. The Dream Act failed by a vote of 55 to 41. The Dream Act passed the House of Representatives a few weeks ago, and while I was not very hopeful it would pass given the environment we are in right now, I still wished that the Senate would allow it to pass during this Christmas season and time of giving. Unfortunately, we will still need to wait for future immigration reform.

The last immigration reform was in the year of 2001, and it would have been extended had September 11th 2001 not taken place. Since 2001, the only immigration reform we have been seeing is immigration enforcement.

The president issued a statement saying that he regrets that the Dream Act did not pass. Perhaps the most important thing to stress about giving immigrants a chance to obtain legalization is to explain that the Department of Homeland Security will receive billions of dollars in immigration filing fees and IRS will receive millions in taxes from legalized immigrants who can work legally. This should be reason enough for Congress to pass an immigration reform.

I do think, though, that perhaps Immigration officials are just trying to secure the borders first before issuing any immigration reform, so that people do not flood the US when a new law is finally passed. This is important, as we want to make sure the people that are currently here are helped first and foremost. So in a hopeful way of looking at our current immigration situation, I am hopeful that once the borders are secured, that Congress will then be more inclined to pass a legalization bill for illegals here in the US.

Just recently, in my native country of Birth in Iraq, a church located in Baghdad, Iraq was bombed and 58 people including the priest were killed. The attackers then went into the streets and even shot a 4-year old being carried by the mother. When the mother asked the shooter, “Why?,” the shooter also shot and killed her, just for being a Christian! While many Iraqis have fled that country and are now in the US, Sweden, France and other countries, many unfortunately remain and are placed in harm’s way on a daily basis.

When I heard of this story, I recalled why I became an immigration attorney. I remembered, just in case I ever forget, that I became an immigration attorney because through no fault of my own, I was born in Iraq, an unstable and even scary place. I was blessed to be able to come to the U.S. at a fairly young age of 7 or 8 years old, and that started my desire to help others that also want to live in a safe and stable country. While the U.S. may have issues, one thing I know for sure is that the U.S. is a much safer place to live than Iraq and many other countries. It is a safe haven for those who need help. It is also my great blessing that I can do a job that I love, which is to help people make U.S.A their permanent home, if they wish.

The Iraqis that fled Iraq filed for refugees status, which is a status that people outside the U.S. may apply for if they fear remaining in their country based on one of the following 5 factors: religion, race, nationality, political opinion and member of a social group. A basis for refugee status for citizens of Iraq is either religious (Christian versus Muslim or even Shiite Muslim versus Sunni Muslim) and / or political or nationality based reasons such as being associated with American Democratic ideals. Some highly educated Iraqis (like professors or doctors) are threatened or killed because they are associated with American ideals.

Asylum status is one where an applicant fears returning to his or her country and is physically here in the U.S. Refugee status is where an application is filed outside the U.S. Applicants can file for Asylum by completing form I-589, for which there is no filing fee. Please note that in general, applicants for asylum must file within one year from their date of last entry into the U.S. There are some exceptions to that rule.

Once granted asylee or refugee status, the applicant may then file for a green card after one year of their initial approval of asylee or refugee status. They will also qualify for travel permits and work authorization while they are waiting for approval of the green card. It is important to note that the REAL ID Act of 2005 has made requirements for approval of asylum much more difficult, and applicants applying now must be sure to include as much documentary proof of their claim as possible. On my website I have a list of places applicants can refer to when researching conditions in their country. The direct link is as follows:

http://www.needimmigrationhelp.com/important-government-websites.htm

I just released a new article on “How to Avoid the Great Immigration Myth of 2010.” I hope you will check it out at the following link: http://ezinearticles.com/?How-To-Avoid-The-Great-Immigration-Myth-Of-2010&id=5292812

This article discusses how immigration officials are making it “easy” for individuals to file applications with USCIS without an attorney, while at the same time Immigration and Customs Enforcement is deporting individuals at alarming rates. The article discusses the current situation we are in and how individuals seeking immigration benefits can avoid waiving all of their rights.

Yes, you read that correctly that our Immigration and Customs Enforcement (ICE) is being accused of deporting a US citizen. This is a shock, but truthfully, it should not be too much of a surprise since deportations are at an all time high.

A news article dated October 14, 2010 is stating that ICE coerced a Puerto Rican born US citizen into “admitting” that he is a Mexican citizen. Of course, all individuals born in Puerto Rico are US citizens by birth. This poor gentleman was actually flown to Mexico, where he remained for four months with no one to help him.

The news to take away from this story is that immigrants should be aware that ICE is using coercion techniques. If an immigrant is being questioned by ICE, it is of utmost importance to insist on an attorney being present. In this way, the coercion techniques can be stopped, or at the very least, reduced to a minimum.