Mexican National Arrested After Drug Dog Finds Smuggled Narcotics

A Mexican national woman faces federal criminal charges after a drug-sniffing canine alerted on dog food bags in her vehicle which were subsequently found to contain more than 50 pounds of methamphetamine.

America Alejandra Quintana, 26, was arraigned in Fresno Wednesday, January 9, 2013, on federal methamphetamine trafficking charges and pleaded not guilty. She was indicted Jan. 3 on one count of possession with intent to distribute methamphetamine. Quintana's next court date is Feb. 19.

According to court documents, on Dec. 10, 2012, Quintana was stopped for a traffic violation in Madera County and a drug detection dog alerted on the dog food bags. Inside, investigators discovered 52 plastic bags each containing about one pound of methamphetamine. Quintana was arrested on state charges, which were dropped following the issuance of the federal indictment.

This case is the product of an investigation by the Fresno Methamphetamine Task Force, including U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the California Highway Patrol and the California Department of Justice. Assistant United States Attorney Melanie L. Alsworth is prosecuting the case.

If convicted, Quintana faces a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations, and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

USCIS Unveils Online Immigrant Entrepreneur Resource Center

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas marked a significant milestone for the USCIS Entrepreneurs in Residence (EIR) initiative by launching an online resource center Wednesday, November 28, 2012, at the Martin Trust Center for MIT Entrepreneurship in Cambridge, Mass. The resource center, Entrepreneur Pathways, provides entrepreneurs who seek to start a business in the United States an intuitive way to navigate the immigration process.

"Through our innovative Entrepreneurs in Residence initiative, we are working to realize our current immigration system’s full potential to attract and retain startup enterprises that promote innovation and spur job creation in America," said Director Alejandro Mayorkas. "The first phase has already led to unique improvements in our programs and enabled us to better serve immigrant entrepreneurs."

Launched earlier this year at an Information Summit in Silicon Valley, the EIR initiative draws on industry expertise to strengthen USCIS policies and practices critical to American economic growth. The team comprised startup business experts and USCIS immigration experts working collaboratively over a short period of time to streamline pathways for a range of existing nonimmigrant visa categories often used by entrepreneurs.

"This initiative is so innovative and progressive. It’s all about finding pragmatic solutions," said EIR team member and Vice President of Strategic and Community Development and Chief Ecosystem Builder at SoftLayer Technologies Paul Ford. "USCIS’s officers and leadership clearly want to deliver quality services to people who want to invest, work and live in the United States. They have embraced our input and did something with it."

In addition to creating Entrepreneur Pathways, the EIR team:

               Developed and deployed a training workshop for USCIS employment-based immigration officers that focuses on startup businesses and the environment for early-stage innovations;

               Trained a team of specialized immigration officers to handle entrepreneur and startup cases;

               Modified Request for Evidence templates for certain nonimmigrant visa categories to incorporate new types of relevant evidence into the adjudicative process; and

               Developed a plan for quarterly engagements with the entrepreneurial community to ensure that USCIS stays current with industry practices.

To sustain the momentum and build on the team’s accomplishments, USCIS extended the EIR project through April 2013. Among other things, the team will expand its focus to immigrant visa pathways that may enable foreign entrepreneurs to start a business in the United States within current immigration law. 

ICE ERO Launches Community and Detainee Helpline

U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) recently launched the second phase of its ICE Community and Detainee Helpline (CDH). In this phase, detainees from ERO Atlanta, Baltimore, Miami, New Orleans and Washington will be able to directly contact the Office of the Public Advocate by telephone through toll-free telephone systems in the facilities. This expanded service streamlines the means by which detainees can access assistance.

Expanding the CDH is a joint project between ERO's Office of the Public Advocate and its Custody Management Division (CMD). Activating this helpline in additional detention facilities will take place over several phases, with nationwide implementation to be completed by the second quarter of fiscal year 2013.

Adding access to this toll-free helpline is not meant to replace regular staff-detainee communications or the field offices' regular exchanges with their stakeholders. It is a direct line that provides detainees the opportunity to obtain basic immigration case information, report systemic incidents or inform ICE of pertinent issues such as detainee vulnerabilities. Both the Office of the Public Advocate and CMD are hopeful that expanding this resource will enhance ERO's public engagement capabilities, enabling both headquarters and field office locations to better address the concerns of the public and detainees.

The Office of the Public Advocate has established protocols to ensure that all issues related to the helpline are managed in an efficient and timely manner. All calls to the CDH are managed by ERO operators who have been trained to identify specific concerns, summarize salient points, and route them to the appropriate field offices or ICE headquarters for appropriate review and action.

ERO Public Advocate Andrew Lorenzen-Strait said this is consistent with ERO's goals of ensuring transparency and collaboration, and resolving conflict.

"We are excited to launch the next phase of the ICE Community and Detainee Helpline," Lorenzen-Strait said. "We are confident that this expanded service will allow us to promote further dialogue with our many stakeholders and continue to build bridges with our communities."

Milford Health Care Company Partners with ICE IMAGE Program

Countryside Health Care of Milford has followed the town’s lead by partnering with U.S. Immigration and Customs Enforcement's (ICE) employment compliance program, IMAGE, or "ICE Mutual Agreement between Government and Employers."

The Town of Milford partnered with ICE in August to protect the integrity of their workforce, becoming the first municipality in New England with this distinction. Countryside Health Care of Milford took notice, and has also partnered with ICE.

"It is my pleasure to welcome Countryside Health Care of Milford to our IMAGE family," said Bruce M. Foucart, special agent in charge of ICE's Homeland Security Investigations (HSI) Boston. "When employers make a commitment to hire and maintain a lawful workforce, it's good not only for their business, but for the community and the nation. ICE actively pursues partnership with those employers that want to comply with employment eligibility verification requirements, including local governments throughout New England. By partnering with ICE, employers receive invaluable training and the tools necessary to ensure a lawful workforce. I am hopeful that other municipalities and companies will follow the actions of Countryside and the Town of Milford."

Countryside Health Care of Milford is a non-profit, municipal, skilled nursing and rehabilitation facility, reliably providing care to the greater Milford elders since 1825. Countryside Health Care of Milford offers a continuum of care that addresses all long-term care and short-term rehabilitation needs. The mission of Countryside Health Care of Milford is to provide resident-focused, comprehensive and interdisciplinary health care services within a secure and caring environment. They accomplish their organizational mission in an atmosphere of progressive management, continuous quality improvement and high ethical standards.

IMAGE program

 

Undocumented workers create vulnerabilities in today's marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits and stealing identities of legal United States workers. To combat this, ICE initiated the IMAGE program in 2006. As part of the IMAGE program, ICE provides employers with education and training on proper hiring procedures, including use of employment screening tools such as E-Verify.

IMAGE certified employers also undergo an audit of their I-9 forms to ensure current employees are eligible to work in the United States.

Employers that are certified with ICE through the IMAGE program pledge to maintain a secure and stable workforce and curtail the employment of unauthorized workers through outreach and education. ICE recently revamped IMAGE, simplifying program requirements.

E-Verify

 

All IMAGE members must participate in the U.S. Department of Homeland Security (DHS) E-Verify employment eligibility verification program. Through this program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records.

HSI worksite investigations

 

Effective worksite enforcement plays an important role in the fight against illegal immigration. HSI has developed a comprehensive worksite enforcement strategy that promotes national security, protects critical infrastructure and targets employers who violate employment laws or engage in abuse or exploitation of workers.

An effective worksite enforcement strategy must address both employers who knowingly hire illegal workers, as well as the workers themselves. In worksite cases, HSI investigators adhere to high investigative standards, including the following:

·                             HSI will look for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering and other such criminal conduct; and

·                             HSI will obtain indictments, criminal arrests or search warrants, or a commitment from a U.S. attorney's office to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite.

HSI also works with the private sector to educate employers about their responsibilities to hire only authorized workers and how to accurately verify employment eligibility, through such tools as the IMAGE program.

I-9 audits

 

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work, on the Form I-9.

"HSI will continue to hold employers accountable for hiring and maintaining a legal workforce," added Foucart. "We encourage employers to take the employment verification process seriously, as we expand the number of audits we are conducting throughout New England each year. HSI will continue to focus its attention on employers that are knowingly employing illegal workers."

Employers – non-profits, companies and municipalities – in the New England area that are interested in the IMAGE program can call HSI Boston at 617-565-6286, or visit www.ICE.gov/IMAGE.

USCIS Event Honors and Discusses Business and Immigration

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas hosted an Information Summit on February 22, at the NASA Research Park in Moffett Field, Calif., to launch the USCIS Entrepreneurs in Residence (EIR) Initiative.

“Today USCIS gained invaluable insights from prominent entrepreneurs and industry leaders on immigration issues critical to our nation’s economic prosperity,” said Director Mayorkas. “The introduction of expert views from the private and public sectors will help us ensure that our policies and processes fully realize the immigration laws’ potential to grow our economy and create American jobs.”

The summit brought together more than 150 high-level representatives from the entrepreneurial community, academia and government to discuss how USCIS can realize the full potential of immigration law to foster entrepreneurship and bolster American prosperity. Through panel discussions and breakout sessions, the summit gave participants the opportunity to share their strategic thinking and business expertise with the agency.

The event informs the work of the newly formed Entrepreneurs in Residence tactical team, comprised of external business experts and USCIS employees, who will work collaboratively over the next several months to ensure that immigration pathways for foreign entrepreneurs are clear and consistent, and better reflect today’s business realities. The tactical team will identify ways to enhance USCIS policies, practices and training across a range of existing nonimmigrant visa categories used by entrepreneurs.

Director Mayorkas joined the President’s Council on Jobs and Competitiveness in Pittsburgh in October 2011 to announce the EIR Initiative. This effort follows a series of policy, operational and outreach efforts announced last year to promote startup enterprises and spur job creation within the context of current immigration law.

As part of today’s event, Director Mayorkas conducted a naturalization ceremony and welcomed 20 candidates from the Silicon Valley area as new U.S. citizens. In addition, he recognized five of America’s immigrant entrepreneurs who are naturalized citizens—Christopher Che, President and CEO of the Che International Group; Ping Fu, President and CEO of Geomagic; Michael Moritz, Partner at Sequoia Capital; Shervin Pishevar, Managing Director of Menlo Ventures; and Vivek Wadhwa,Academic, Researcher, Writer, Entrepreneur—as Outstanding Americans by Choice.

The Outstanding Americans by Choice initiative recognizes the achievements of naturalized U.S. citizens through civic participation, professional achievement, and responsible citizenship. Recipients of this honor have demonstrated their commitment to this country and to the common civic values that unite us as Americans.

Special Immigrant Juveniles (SIJ) Status: Part II

Green Card Based on SIJ Status

Once you have met all the eligibility requirements for SIJ status, you need to establish your eligibility for a green card. You may need to file for a waiver in order to get a green card if you have certain ineligibilities (known as “inadmissibilities”).

For example, you might not qualify for a green card if you are (or were):

               A risk to people or property, because of a mental or physical disorder

               A prostitute or pimp

               A drug addict or abuser

               An alien smuggler

However, the law has exceptions. For example, you may receive an exemption if you:

               Now get medical treatment that controls a dangerous mental or physical disorder

               Were forced into prostitution

               Were arrested only once for drugs, and only for 30 grams or less of marijuana

               Had smuggled only your parents or brothers/sisters into the United States

In addition, many of the reasons other green card applicants do not qualify might NOT apply to you as an SIJ, such as if you:

               Cannot financially support yourself

               Are unlawfully present in the United States

               Entered the United States by hiding on a boat, airplane, or other transport (as a stowaway)

               Do not have a proper visa or passport

USCIS can waive most other disqualifying grounds if you show a good reason for a waiver, such as:

               Humanitarian concerns or in the public interest.

Green Cards Through a Job

Many people become permanent residents through a job or offer of employment. Some categories require a certification from the U.S. Department of Labor to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers. In other cases, highly skilled workers, those with extraordinary ability in certain professions, and investors/entrepreneurs are given priority to immigrate through several immigrant categories. In all cases, the process involves several steps.

The main ways to immigrate based on a job offer or employment are listed below.

Green Card Through a Job Offer
You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

Green Card Through Investment
Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.

Green Card Through Self Petition
Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.

Green Card Through Special Categories of Jobs
There are a number of specialized jobs that may allow you to get a green card based on a past or current job. All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA):

               Afghan/Iraqi Translator

               Broadcaster

               International Organization Employee

               Iraqi Who Assisted the U.S. Government

               NATO-6 Nonimmigrant

               Panama Canal Employee

               Physician National Interest Waiver

               Religious Worker

In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.”

If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you.