Tuesday, December 11, 2012

Is Immigration Reform Coming Soon?


Now that the Presidential election is behind us, when can the US expect to see comprehensive immigration reform? It has been believed that both political parties agree there needs to be reforms. But when will this happen?

Read my newest blog entry on this topic appearing at http://www.tuckerludin.com/2012/12/11/is-immigration-reform-on-the-horizon/

Whether immigration reform happens or not, expect the Obama administration to make it issue #1 after January 1st. I hope that the government tackles this issue and finds a way to compromise. The US immigration law is due for an overhaul. Most importantly, there must be some way to have a pathway for citizenship for the millions of undocumented immigrants currently living within the US borders.

If you are interested in living the American Dream and need help with an immigration matter, call the immigration lawyers at Tucker & Ludin at 727-572-5000 or contact us through our website, www.tuckerludin.com

Help is just a click or a phone call away!


Tuesday, November 13, 2012

Apply for Deferred Action Now

Now that the Presidential election is over, it is now time to apply for deferred action. If you qualify, a young undocumented immigrant can legally live in the U.S., apply for a work permit and, in many states, receive a driver's license.

It was not clear what Mitt Romney would have done with President Obama's deferred action executive order, but since he is not going to be President, that fear is no longer there. Read the blog posted on my website for more information about this at http://www.tuckerludin.com/2012/11/13/now-is-the-time-to-apply-for-deferred-action/

For more information on deferred action and whether you qualify, go to http://www.tuckerludin.com/practice-areas/immigration/deferred-action-for-young-illegal-immigrants/


At Tucker & Ludin, our immigration lawyers care about the plight of immigrants and want to help you realize your dream of becoming a U.S. citizen. Call us at 727-572-5000 or contact me through my website at www.Tuckerludin.com

Monday, November 5, 2012

Immigration Reform is a Non-Partisan Issue (or at least it should be)




I was absolutely thrilled to read an article authored by former Florida Governor Jeb Bush and Clint Bolick, Hoover Institution Research Fellow, which appeared in the November 4, 2012 issue of Parade Magazine. This thoughtful piece outlined the author’s position on immigration reform.
Bush and Bolick recognized that the best way to save safety-net programs and escape our country’s current debt  burden would be to have a “pipeline” of hard working, talented immigrants.  They acknowledged that our country needs more scientists and engineers than our schools are currently producing and these positions can be filled with new immigrants. Furthermore, immigrants start businesses at a much higher rate than native-born Americans.
They stated that in order to encourage the immigration needed to fuel our economic growth, we need to issue more skilled worker visas than the 65,000 issued annually.  After all, if companies cannot meet their labor needs here, they may open factories and offices overseas.
Most surprising was Bush and Bolick’s suggestion for dealing with “illegal immigrants”. They proposed that illegal immigrants who have not committed a crime in the U.S. should be granted a green card upon payment of a fine. Their children should have a path to citizenship.  Furthermore, they recognize that the entire immigration system is cumbersome and contradictory and the laws need to be rewritten.  Considering the fact that these same positions have been declared by Democratic leaders, there is no reason why this reform should not become reality.
As an immigration practitioner, I agree completely. By punishing illegal immigrants who have not violated our laws, we are depriving our country of much needed talent. The immigrants I have met are exceptionally motivated to work hard and provide a better life for their children. These are exactly the type of people who will kick start our economic growth.  Easing immigration restrictions would not only be compassionate and just for those who dream of immigrating, but just as importantly, it will help our country grow.
The time for immigration reform is now.

For more information about immigration, visit our website at http://www.tuckerludin.com/practice-areas/Immigration/

Thursday, September 20, 2012

What Business Visa is Best For You

Almost every week I consult with potential foreign clients interested in doing business in the United States. They usually come to me having done some research on the internet with the plan to apply for a particular visa. But, after a few minutes we realize that the visa is completely inapplicable for what they want to accomplish.

I have prepared a summary of the business visas and posted it on my law firm website at http://www.tuckerludin.com/practice-areas/immigration/doing-business-in-the-u-s/ . If you are interested in opening a business in the United States, you must first ask yourself a) do you want to immigrate and eventually become a US citizen and b) how much can you invest in your new business venture? The answer to those questions will ultimately control which visa path you pursue.

Feel free to call me at 727-572-5000 or contact me through my website at www.tuckerludin.com if you would like more information about business visas.

Thursday, September 6, 2012

How the Political Parties Stand on Immigration Issues


If you are interested in immigration issues in the United States, you should be wondering where the Republican and Democratic parties stand on these matters.  The American Immigration Lawyers Association (AILA) was kind enough to compile the major points of each Party’s platform that relate to immigration. Here are some of the highpoints:

The Republican Party Platform on Immigration
  • Supports the rule of law and opposes any form of amnesty.
  • Top priority is security at borders and ports of entry to prevent drug trafficking, illegal immigration, and terrorism. Calls for completion of the double-layered fencing on the southern border
  • Supports “humane procedures to encourage illegal immigrants” to leave the U.S. Supports increased enforcement against overstays.
  • Opposes the current administration’s 2012 policy of granting deferred action to certain individuals who came to the U.S. as children.
  • Supports tougher penalties for ID theft, human trafficking and for those who deal in fraudulent documents.
  • Supports long-term detention of those who cannot be deported to their country of nationality.
  • Supports use of the 287(g) cooperation agreements with states and localities.
  • Opposes the Obama administration’s “assaults on state governments” on immigration. Opposes the ongoing Department of Justice litigation against state immigration laws.
  • Calls for denying federal funding to “sanctuary cities” and to universities that offer in-state tuition rates to illegal immigrants.
  • Supports making E-verify mandatory nationwide. Supports state immigration enforcement efforts in the workplace.
  • Supports making the SAVE program mandatory. SAVE verifies the lawful presence of applicants for State or federal government entitlements or IRS refunds.
  • Calls for English as the nation’s official language.
  • Supports granting more visas to holders of advanced degrees in science technology, engineering and math fields.
  • Willing to consider a guest worker program to meet labor needs.

The Democratic Party Platform on Immigration

  • Supports comprehensive immigration reform with the following components: bring undocumented immigrants out of the shadows and require them to get right with the law, learn English, and pay taxes in order to get on a path to earn citizenship; and create a system for allocating visas that meets the nation’s economic needs, keeps families together, and enforces the law.
  • Supports the DREAM Act and continuing to provide deferred action to undocumented people who came to the U.S. as children.
  • Plans to hold employers accountable for whom they hire.
  • Prioritizes enforcement against criminals who endanger communities instead of immigrants who do not pose a safety threat.
  • Supports family reunification as a priority. Supports the current administration’s streamlining of the process of legal immigration for immediate relatives of U.S. citizens and the enhanced opportunities for English-language learning and immigrant integration.
  • Supports continued litigation to oppose state enforcement laws that interfere with federal immigration law.
  • Supports inclusion of lesbian, gay bisexual, transgender relationships in the definition of family in immigration policy to protect bi-national families threatened with deportation.
  • Asserts that the southwest border is more secure than at any time in the past twenty years, unlawful crossings are at a 40-year low, and that the Border Patrol is better staffed than at any time in its history.

If you have any questions about immigration issues and how they affect you, call the lawyers at Tucker & Ludin at 727-572-5000 or contact us through our website at www.tuckerludin.com

Sunday, August 19, 2012

Do You Need to Hire an Attorney to File a Deferred Action Petition?

President Obama's executive order on deferred action is now a reality. Effective August 15, 2012, the United States Citizenship and Immigration Service (USCIS) began accepting applications for deferred action and work permit requests from undocumented young immigrants.

Are you one of the undocumented young immigrants? If so, you are probably wondering if you should file a petition yourself or hire an attorney. You are probably thinking that attorneys are expensive and you are wondering how difficult could it be to file the petition without a lawyer.  But, before you make a decision consider what the stakes are if you make a mistake. Filing for deferred action is much more than answering a few easy questions on a form. The smallest error could be devastating. Read the article I posted on the website of Tucker & Ludin at http://www.tuckerludin.com/practice-areas/immigration/deferred-action-for-young-illegal-immigrants/

If you are interested in filing a deferred action petition, I encourage you to call the immigration attorneys at Tucker & Ludin at 727-572-5000 or e-mail me at Ludin@tuckerludin.com

Our offices are located in Clearwater Florida. However, we can assist you anywhere in the United States and would be pleased to arrange a consultation by telephone or skype if you cannot come by the office.

Friday, August 3, 2012

Announcement of Free Community Informational Forum on Deferred Action For Young Illegal Immigrants

On October 14, 2012 at 4 pm, the Clearwater, Florida law firm of Tucker & Ludin will hold a free forum, open to the public, on President Obama's executive order on deferred action for young illegal immigrants. Space is limited.

For details about the forum and deferred action, go to http://www.tuckerludin.com/practice-areas/immigration/deferred-action-for-young-illegal-immigrants/

Space is limited, so you must call 727-572-5000 and reserve a space if you wish to attend or else contact Tucker & Ludin through the website  www.tuckerludin.com



Saturday, July 21, 2012

Why Immigration Is Good For America

I am often asked why I decided to become an immigration lawyer. The answer is simple: I receive tremendous satisfaction representing foreigners interested in starting a new life in the United States. These courageous people are leaving their lives behind, taking great risks, all with the dream that their children will have a better life in a new country.

But what makes immigration law even more satisfying is the knowledge that what I do is helping to  strengthen our economy.  Here are ten reasons why immigration is good for our country:

1)  Immigrants start businesses.  According to the Small Business Administration, immigrants are 30% more likely to start a business in the U.S. than non-immigrants.

2)  Immigrant owned businesses create jobs for American workers. According to the Fiscal Policy Institute, small businesses owned by immigrants employed an estimated 4.7 million people in 2007 and these small businesses generated more than $776 billion annually.

3)   Immigrants are more likely to create their own jobs. According to the U.S. Department of Labor, 7.5% of the foreign born are self-employed compared to 6.6 percent of the native born.

4)   Immigrants develop cutting-edge technologies and companies. According to the National Venture Capital Association, immigrants have started 25 percent of public U.S. companies backed by venture Capital investors. This list includes Google, eBay, Yahoo!, Sun Microsystems, and Intel.

5)   Immigrants are our engineers, scientists, and innovators. According to the Census Bureau, despite making up only 16 percent of the resident population holding a bachelor's degree or higher, immigrants represent 33% of engineers, 27% of mathematicians, statisticians and computer scientists, and 24 % of physical scientists in the U.S.

6)   Immigration boosts earnings for American workers. Between 1990 and 2004, increased immigration was correlated with increasing earnings of Americans by 0.7 percent and is expected to contribute to an increase of 1.8 percent over the long-term according to a study by the University of California at Davis.

7)   Immigrants boost demand for local consumer goods.

8)   Immigration reform legislation reduces the deficit. According to the nonpartisan Congressional Budget Office, under the 2010 house-passed version of the DREAM Act, the federal deficit would be reduced by $2.2 billion over ten years because of increased tax revenues.

9)   Immigration reform creates jobs. Immigration reform could support and create up to 900,000 new jobs within 3 years of reform from the increase in consumer spending, according to the Center for American Progress.

10)  Comprehensive immigration reform would increase America's GDP. The nonpartisan Congressional Budget Office found that even under the low investment assumptions, comprehensive immigration reform would increase GDP by between 0.8 percent and 1.3 percent from 2012 to 2016.


We are a nation of immigrants. Our greatness is closely linked to our diversity and the great contributions made by the immigrants permitted to legally relocate here. At Tucker & Ludin, we are proud of our work in immigration.  If you are interested in learning more about your immigration options, call me at 727-572-5000 or e-mail through our website at http://www.tuckerludin.com/practice-areas/Immigration/




Warning of New Telephone Scam

The law firm of Tucker & Ludin has learned about a new telephone scam directed at aliens. The caller will claim to be from the United State Citizenship and Immigration Services (USCIS) and demand money be wired in order to clear up a "discrepancy".  For details about this, check out my blog at my firm's website: http://www.tuckerludin.com/2012/07/21/warning-about-new-telephone-scam-directed-to-foreigners/

Friday, July 6, 2012

Does a Playmate Have Extraordinary Ability?


If you want to be a U.S. citizen, one of the quickest ways to do it is to convince the United States Citizenship and Immigration Service (USCIS) that you have extraordinary ability, are an outstanding professor or researcher, or are a multinational manager or executive. Since it is presumed that people who fit in these classes can make a positive impact on our national economy, there is no waiting time for issuance of these visas known as EB-1. These are the first preference employment based immigration visas.  This means that if you are awarded this visa, you can enter the U.S. as an immigrant and immediately qualify for a green card which can lead to naturalization.

The EB-1 visa has traditionally been thought of as the visa for Nobel prize winners. But, you really do not need that prize to qualify.

But, before you consider applying for an EB-1 because you have extraordinary ability as a world champion hot dog eater, know that the ability must be in science, arts, education, business, or athletics through sustained national or international acclaim. I doubt the hot dog champion qualifies, but it may be worth trying.

Recently, some people have been creative with their EB-1 applications and have succeeded in convincing the USCIS of their extraordinary ability.  According to a recent Reuters column, Shera Bechard, a Canadian born Playboy magazine Miss November 2010, started an online photo-sharing rage called “Frisky Friday”.  Her work enables attractive, scantily clad women, to post pictures of themselves on Fridays, with Playboy selecting a weekly winner.  This successful venture plus her “modeling” work with Playboy and some acting work was sufficient to persuade the USCIS that Ms. Bechard qualified as person deserving of the EB-1.

The EB-1 is not necessarily for the genius. It can be a path to citizenship for anyone who has risen to the top of their field of endeavor and sustained national or international acclaim.  In some instances, the EB-1 can be awarded to someone who cannot qualify for the more popular, and limited, HB-1.

If you are interested in immigrating to the U.S., call the immigration lawyers at Tucker & Ludin law firm at 727-572-5000 or contact us through our website at www.tuckerludin.com

Sunday, June 24, 2012


The Violence Against Women Act : The Shield Protecting Abused Immigrant Spouses
By Eric E. Ludin and Ahmad M. Yakzan

Your client is clearly trying to cover up fresh bruises with makeup. You know that her husband is abusing her and that she is terrified of calling the police for fear that it could affect her immigration status.  You learn that her husband applied for your client to get her green card and she is afraid that if she reports his abuse he will withdraw his petition once he is confronted. In fact, you know that he has threatened to have your client deported whenever they argued in the past. You need to know what advice you can offer to a client subjected to this intolerable victimization.
Thankfully there is help for the immigrant victims of spouse abuse. The law allows your client to self-petition for her permanent residency, under the Violence Against Women Act (VAWA), without her abusive husband ever knowing. This article will discuss your client’s eligibility to self-petition under the law and no longer be controlled by her abusive husband’s deportation threats.[1]    
VAWA’s History
The Violence Against Women Act was passed in 1994 as a legal tool to protect all women in the United States. The law, however, had an immigration related provision allowing abused spouses and children to self-petition for permanent residency in the United States. The original law had several flaws, including the inability of the foreign national to self-petition if a lawful permanent resident abuser lost his residency. This would have been possible for example, if the authorities filed criminal charges because of the abuse of the foreign national spouse. The law was modified in 2000 to eliminate this catch-22 along with several other obstacles. The law allowed foreign born spouses the ability to self-petition, even if the lawful permanent resident abuser lost his residency, if the self-petition was filed within two years of their divorce.
Eligibility under VAWA
There are several things that the applicant must prove to be eligible to self-petition. First, the foreign national must show that she resided with the abusive spouse. Second, she must show that the marriage was bona fide. Third, the person must show that she or her child were subject to “extreme cruelty” during the marriage. Fourth, the person must show that she is eligible to adjust her status. Lastly, the person must be of a good moral character. There is a lowered evidentiary standard where the adjudicating officer and immigration judges could consider “any credible evidence” submitted by the self-petitioning foreign national. This does not mean that these are “open and shut” cases since these applications are cumbersome and should be filed by an experienced immigration attorney.
Hurdles
There are several events that could interfere with self-petitioning spouses from attaining permanent residency even though they were subjected to the extreme abuse. One typical scenario involves the following facts. A United States citizen or Lawful Permanent Resident spouse applies for permanent residency for his foreign national spouse. This fact becomes a bargaining chip to get what he wants from the foreign national since he now holds all the cards. The couple gets summoned by immigration authorities for her adjustment of status interview. The abusive spouse, after prolonged questioning by officers, says that his marriage with the foreign national is a sham in an attempt to get the abused spouse in legal trouble. In certain cases the abused spouse is then arrested and sent to an immigration holding facility to appear before an immigration judge.
Being placed in holding or in removal proceedings is exceptionally unpleasant and harshly impedes the abused spouse’s ability to attain permanent residency. Once the immigrant is at a holding facility on an allegation of marriage fraud, it is difficult to get her released on bond. Incarceration will also limit her ability to successfully self-petition since she would be physically separated from the evidence that would prove her case. She would not have easy access to psychologist and mental health professionals who would be able to document the abuse. Very few of these professionals would be willing to visit the foreign national in an immigration holding facility.  These hurdles must be eliminated for VAWA to achieve the goals it was enacted to achieve.  One way to do so is to allow a foreign national to enter bond if documented allegations of abuse are made. This will ensure a fair process for foreign nationals who have been treated unfairly.
Conclusion
The Violence Against Women Act was a great step forward for immigrant women’s rights, but it is not perfect. Congress and the President must deal with the hurdles in the law for the law to have its full impact. This will ensure that the United States will always be a refuge to the oppressed.
If you or a client needs assistance due to spouse abuse by a United State Citizen or Lawful Permanent Resident, do not hesitate to call the attorneys at Tucker & Ludin at 727-572-5000 or contact us through the website at www.tuckerludin.com .










[1] Even though all references in this article relate to abused women, the law protects men and women equally. 

Friday, June 15, 2012

A weight off the shoulders of young illegal aliens

Several weeks ago a 22 year old man cried in my office. When he was very young, his mother entered the United States using a relative's passport. He stayed in the US, was educated here and now attends college.  He lives in constant fear of being deported and cannot get a drivers license. I had nothing to offer except to suggest he wait and pray that the law will change someday so he can become a lawful resident.

Today, June 15th 2012 President Obama took a huge weight off this young man's shoulders as well as thousands of other young people dreaming of staying here in the US. The Obama administration announced that the administration will stop deporting and begin granting work permits to younger undocumented immigrants who came to the U.S. as children and have since led law-abiding lives.

I consider these people to be innocent illegals. They are here in violation of the law because of acts of their parents. This humanitarian action, will ease the lives of many who want to be contributing members of our society.

The policy change, described to The Associated Press by two senior administration officials, will affect as many as 800,000 immigrants who have lived in fear of deportation. It also bypasses Congress and partially achieves the goals of the so-called DREAM Act, a long-sought but never enacted plan to establish a path toward citizenship for young people who came to the United States without documents but who have attended college or served in the military.

Under the administration plan, undocumented immigrants will be immune from deportation if they were brought to the United States before they turned 16 and are younger than 30, have been in the country for at least five continuous years, have no criminal history, graduated from a U.S. high school or earned a GED, or served in the military. They also can apply for a work permit that will be good for two years with no limits on how many times it can be renewed.


The policy will not lead toward citizenship but will remove the threat of deportation and grant the ability to work legally, leaving eligible immigrants able to remain in the United States for extended periods.

If you have any immigration questions about you, a friend, or a member of your family, do not hesitate to contact me or the other immigration lawyers at Tucker & Ludin.  You can also e-mail us through our website http://www.tuckerludin.com/  or call 727-572-5000.

This blog offers general advice.  No attorney/client relationship is being formed and no legal advice is being dispensed