Morris DEUTSCH, an immigration lawyer with 18 years of experience, who owns the American law firm Osborne & Deutsch, told a Washington ProFile correspondent about US immigration policy. And so that you have no doubt about the competence of our guest, let us say that before starting his own practice, Morris Deutsch worked at the US Department of Justice, where he represented the government in immigration court cases.
- How have US immigration laws changed after the terrorist attacks of September 11, 2001?
- The most important change is that the US government now treats foreigners who are guilty of violating the country's immigration laws differently. The authorities' attitude toward "normal" immigration, when an employer hires a foreign employee or when relatives petition for a family member to move to the US, has not changed, in my opinion. It's just that due to the overload of government agencies, the review of applications takes longer than before. However, for foreigners who have broken US immigration laws, the situation has worsened - the authorities are acting more harshly and are less inclined to forgive minor violations.
- And what happened to the size of immigration quotas?
- They have not decreased. Moreover, President George Bush increased the number of refugees who are granted the right to resettle in the United States each year. Quotas have also not been cut for people who want to obtain the right to permanent residence and work in the US (the so-called "green card").
However, the number of temporary visas issued by the US has decreased. This did not happen because of the fight against terrorism. It's just that several years ago our administration came to the conclusion that the country needs qualified specialists, especially in the high-tech sector. Therefore, it was decided to encourage their move to the United States, for which the quotas for professional work visas (type H-1B) were significantly increased. Before this decision was made, the annual share of such visas was limited to 65,000. During the presidency of Bill Clinton, the bar was raised to 110,000 visas. Concerned about protecting American workers, the US Congress added a provision to the law according to which this quota automatically decreased to its previous size in September 2003. Now it is 65,000 again. Today, when the US economy is still in decline, Congress is making no attempt to increase H-1B visa quotas again.
- What can you say about the structure of dual citizenship and its use in practice?
- For several years now, US law has allowed dual citizenship. This means that if, for example, a Russian citizen obtains US citizenship, American laws do not require him to renounce Russian citizenship.
From a practical standpoint, if a "dual citizen" travels, I would advise keeping both passports with you but showing only one. There is no law that requires using only one passport for international travel. In the United States, in such cases, the most important thing is that border and customs officials do not get the impression that you are hiding something. Thus, if a person travels from the US to another country, presenting its passport at the border, and then returns to the States, presenting the American one, he just has to honestly answer the questions of the customs authorities.
- How can the services of an immigration lawyer help foreigners who want to live and work in the United States?
- I would not say that lawyers make the impossible possible. However, there are cases when it is absolutely necessary to have a lawyer who will prepare documents for a case that is too complicated and incomprehensible for an ordinary person. For example, when an employer wants a specialist to get an H-1B visa, I would always recommend hiring a lawyer to avoid undesirable complications. In a case where a person has violated US immigration laws and the case seems hopeless, a lawyer's advice can help see the light at the end of the tunnel.
There are situations where the presence of a lawyer is not necessary. For example, in many cases you can find the necessary forms online or request them from local immigration services, read the instructions, and fill out the papers correctly. Some hire immigration lawyers in the belief that professionals will prepare documents without errors, thereby saving them from any delays that may be caused by inaccuracies.
- Lawyers' services are expensive and many cannot afford them. What do you advise in this case?
- People who want to immigrate to the United States do not necessarily have to be rich. They represent different strata of society, from workers to successful businessmen. Often, when someone hires a lawyer, they pay either a flat fee or agree to pay by the number of hours spent by their attorney on the case. Our office works on a flat-fee basis because we do not want to complicate the process by figuring out how many hours we worked. Usually, the market price for various types of immigration cases ranges from $500 to $5,000, very rarely a little more. And when a person comes to us who cannot pay the entire required amount at once, we agree with him on monthly payments, hoping that we will receive all the money gradually before the case is completed.
- How do you assess George Bush's proposal for amnesty for illegal immigrants?
- Very many people ask this question. Any firm like ours has clients who do not have legal status. Now these people hope that President Bush's proposal will help them. However, there is not yet a real law legally enshrining this proposal. It is quite vague, confusing, and subject to criticism. For the proposal to be adopted, it must go through several stages. First, a draft law must be written, which will go to the U.S. House of Representatives and Senate for discussion. Both houses of Congress must approve this law after lengthy debates. After approval by the legislative branch, it must also be signed by the president. Thus, unfortunately, the implementation of Bush's plans is not a matter of two weeks.
I would also like to note that this proposal in its current form concerns only illegal immigrants who are in the United States. Perhaps in the future the law will include a provision giving people who are not physically in the United States the opportunity to move here and, within a very short time, obtain the right to work for a period of up to six years. This would be similar to the current H-1B visa. If the new law is passed, both qualified and unqualified specialists will have equal opportunities to work in the United States. Thus, the need to apply for a residence permit and wait about four years for its issuance will disappear.
- What will U.S. immigration law be like in the near future?
- At present, George Bush's proposal for an amnesty for illegal immigrants is the only significant innovation in this area. Perhaps others will appear soon. It must be said that Bush refused to carry out his previously expressed intention to increase quotas for those wishing to obtain a green card. However, this will not affect family immigration cases, where the current waiting period for status is from seven to ten years. I hope that President Bush will be able to resolve this problem.
To summarize the foregoing, we note that subscription legal services can be very useful. A lawyer is indispensable not only for those who are engaged in business and have to deal with court or arbitration. Even a potential immigrant has to hire a lawyer to help properly prepare the necessary documents and give useful advice.
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