Immigration Lawyer Blog

The UK Border Agency has issued new policy guidance following the judgment of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45.

This case challenged the requirement under paragraph 277 of the Immigration Rules for both foreign spouses and their sponsors in the UK to meet a minimum age of 21 before the foreign spouse could be granted a visa to enter or remain as a spouse or partner. Paragraph 277 (along with other paragraphs of the Immigration Rules) was amended on 27 November 2008 to raise the minimum age from 18 to 21.

The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages.

The guidance primarily affects applicants whose applications for entry clearance or leave as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same-sex partner were refused under paragraphs 277, 289AA, or 295AA of the Immigration Rules solely because they or their sponsor were aged between 18 and 20 and whose application was refused on that basis between 27 November 2008 and October 2011. This applies to applications made within or outside the UK. The guidance sets out how such applicants can apply for a review of the original decision to refuse a visa which might now result in a visa being issued.

Changes to the Immigration Rules have been laid in Parliament today to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011. The new policy guidance explains how applicants affected by the judgment can request a review of an earlier refusal due to the age requirement by 31 May 2012.

The Government of Canada is planning to welcome more federal skilled workers in 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.

The Federal Skilled Worker Program (FSWP) remains the principal avenue for permanent immigration to Canada. In 2012, Citizenship and Immigration Canada (CIC) plans to welcome 55,000–57,000 federal skilled workers, up from 47,000–47,400 in the 2011 Immigration Levels Plan.

"“The government’s number one priority remains the economy. We recognize the importance of immigration to our labour market and we value the contributions of skilled immigrants who add to our international competitiveness,”" said Minister Kenney. "“We are committed to facilitating the arrival of the best and the brightest to our country.”"

An important milestone was reached this year when the backlog of FSW applications prior to the launch of the 2008 Action Plan for Faster Immigration was reduced by more than 50 percent – two years ahead of schedule. The higher range in 2012 will support labour market responsiveness and sustain progress on backlog reduction.

CIC completed an extensive evaluation of the FSWP in 2010, showing that the program is working well and selecting immigrants who perform well economically. The report found that 89 percent of FSWs were employed or self-employed three years after landing. Moreover, 95 percent of the employers surveyed indicated that FSWs were meeting or exceeding their expectations. The evaluation indicated a strong continuing need for skilled immigrants in Canada.

"“CIC will continue to ramp up efforts to modernize our immigration system to make it more nimble and responsive to labour market needs,”" said Minister Kenney. "“Following nationwide consultations this past spring on proposals to improve the Federal Skilled Worker Program, we are actively exploring policy options on the way forward.”"

The U.S. Consulate General Mumbai will shift this month from Lincoln House in Breach Candy and the American Center in Churchgate to its new facility in the Bandra Kurla Complex (BKC). The new U.S. Consulate General at BKC reflects the expansion in U.S.-India relations, and features expanded space for consulate operations. The number of interview windows for services to visa applicants and U.S. citizens will increase significantly, from 13 to 44.

U.S. Consul General Peter Haas comments “Our new home reflects the overall trend of U.S.-India ties. Our relationship with India is growing and modernizing, and our Consulate must do the same.”

Lincoln House will close its doors to the public on November 15 and reopen on November 21 at the new BKC location. The Consulate cannot provide visa services between November 15 and 21. Consular officers will host a webchat on November 9th at 7:00PM to answer specific questions about the shift and its effect on consular services: https://statedeptasia.connectsolutions.com/mumbai. The American Library at New Marine Lines near Churchgate has already closed and will reopen to the public shortly after consular operations begin at the new Consulate.

The new consulate compound will house all United States Government offices in Mumbai, including the Department of State, the Foreign Commercial Service, the U.S. Food and Drug Administration and the Foreign Agricultural Service. The new consulate will also include the Consul General’s residence. The new consulate features state of the art green technology, including high-efficiency lighting, a gray-water recycling system, and a self contained waste water treatment facility.

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) with new features to strengthen security and deter fraud.

As part of USCIS’s ongoing efforts to enhance the integrity of the immigration system, the state-of-the-art technology incorporated into the new documents will deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication. USCIS began issuing the new EADs today and will begin using the redesigned certificates on Oct. 30. The agency anticipates that more than 1 million people will receive the new documents over the next year.

"These enhanced documents are more secure than ever," said Director Mayorkas. "They advance our efforts to safeguard against fraud and protect the integrity of the immigration system."

The new features of the EAD will better equip workers, employers and law enforcement officials to recognize the card as definitive proof of authorization to work in the United States.

USCIS worked closely with the Immigration and Customs Enforcement Forensic Document Laboratory to incorporate technology and tactile features in order to deter fraud and facilitate card authentication.

Canada has repealed an ineffective refugee program in order to put more emphasis on work with the United Nations High Commissioner for Refugees (UNHCR) and refugees in the greatest need, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.

“By repealing programs such as the Source Country, we can direct more resources on proven and effective resettlement programs, such as our partnership with the UNHCR,” said Minister Kenney. “This will enable us to quickly offer refuge for more individuals in real need of protection.”

The Source Country class was intended to be a flexible tool for humanitarian intervention, capable of responding to a variety of situations. The objective of the class was to provide resettlement assistance to people who were in need of protection, but who were unable to leave their countries and were therefore not receiving international protection under the mandate of the UNHCR.

In practice, however, the Source Country class was an inflexible tool that did not allow the government to respond to emerging situations. The class was too restrictive as it only applied to people in countries listed in the Immigration and Refugee Protection Regulations and this list was difficult to change. As well, in some of the designated source countries, there was minimal uptake, while in others, the people who applied were not eligible or were not those for whom the program was intended.

Furthermore, overall approval rates in the program were low. In Colombia, for example, the approval rate was estimated at less than 10 percent. This meant that CIC had to process nine cases before finding one that merited Canada's protection. In contrast, by working through the UNHCR, over 85 percent of all cases are approved.

As part of the measures taken to repeal the Source Country class, Canada will also be ending direct access in the six countries where the source country program had previously operated. Direct access allows refugees in designated source countries to apply for resettlement directly to the Canadian embassy serving their area without a referral or a sponsorship. Once direct access ends, all applicants who have left their country of origin will need to include a referral from the UNHCR, a designated referral organization or a private sponsor with their resettlement application in order to be eligible for resettlement.

“Canada remains committed to those who need our protection,” added Minister Kenney. “We are working with international partners to find long-term solutions to a number of protracted refugee situations. For example, Canada will resettle 20,000 refugees from Iraq and Iran over a five-year period, many of whom were persecuted for their religious beliefs or sexual orientation. Also, as part of the measures to reform Canada’s refugee protection system, the Government of Canada is increasing the total number of refugees resettled each year by 20 percent. This means that up to 500 more government-assisted refugees and 2,000 privately sponsored refugees will find protection in Canada.”

The U.S. Department of State released the lasted visa bulletin for November 2011 on October5, 2011.

For the month of October 2011, the EB-1 category was still current for nationals all over the world. In EB-2 category, the cut-off dates moves forward from July 15, 2007 to November 1, 2007 both for Chinese Mainland nationals and Indian nationals. In the EB-3 category, the cut-off dates moved forward from August 8, 2004 to August 22,2004 for Chinese Mainland nationals and moved forward from July 15, 2002 to July 22, 2002 for Indian nationals.

For the recently popular EB-5 investment immigration, although applicants are getting more and more, the visa number now is still current.

The Department of State released the lasted visa bulletin for October 2011 on September 9, 2011.

For the month of September 2011, the EB-1 category was still current for nationals all over the world. In EB-2 category, the cut-off dates moves forward from April 15, 2007 to July 15, 2007 both for Chinese Mainland nationals and Indian nationals. In the EB-3 category, the cut-off dates moved forward from July 15, 2004 to August 8,2004 for Chinese Mainland nationals and moved forward from July 8, 2002 to July 15, 2002 for Indian nationals.

For the recently popular EB-5 investment immigration, although applicants are getting more and more, the visa number now is still current.

It is imperative that you consult with a highly trained legal professional, particularly since USCIS has become stricter with EB-1 applications after a memo was released on August 18, 2010. In essence, the USCIS memo breaks the EB-1 evaluation process up into two parts:

1) Evaluating whether the applicant meets the baseline criteria for the immigration category and

2) determining whether the applicant’s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavour.

Immigration New Zealand advises foreign nationals unable to leave New Zealand because of the Chilean ash cloud and whose visas expire in the meantime that, even though they may become unlawfully in New Zealand, no action will be taken against them while the disruption continues. However, there is a clear expectation that people will take steps to leave New Zealand as soon as flights resume.
When natural disasters occur or in similar circumstances that are beyond the control of the visa holder, we apply common sense and empathy in considering any visa issues.

We don’t disadvantage people for being stuck at an airport because of climatic conditions, just as we didn’t disadvantage foreign nationals whose immigration status was affected by the Christchurch earthquake.

To ensure we are aware of the reason a person has become unlawfully in New Zealand, anyone whose visa has expired pending resumption of flights should contact their nearest Immigration New Zealand branch or call the Immigration Contact Centre at 0508 55 88 55.

UK Border Agency has produced a document clarifying aspects of the current review of the student immigration stsyem.

The document (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/t4-review-clarification.pdf) answers some frequently asked questions raised by sponsors in the following areas:
- Educational oversight and accreditation
- Highly Trusted Sponsor status
- The interim limit
- Contact details for enquiries about the sponsorship management system
- Post-study work
- Immigration officers' discretion to refuse
- Dependents
- Maintenance and low-risk countries
- Academic progression

The Ministry of Foreign Affairs (MOFA) said Tuesday that from Aug. 11, Taiwanese tourists can stay in Israel for up to 90 days visa-free.

The visa-waiver agreement was signed by Simona Halperni, director of the Israel Economic and Cultural Office in Taipei on June 17, and countersigned on June 27 by Taiwan's representative to Israel, Chang Liang-jen. This agreement makes Israel the 114th country to grant visa free privileges to Taiwanese citizens.

Reflecting the importance of the United States’ diplomatic relationship with the Pacific Islands Countries, Ambassador C. Steven McGann dedicated the new United States Embassy facility in Suva, Fiji today. Fiji’s Ministry of Foreign Affairs Permanent Secretary Mr. Solo Mara and Office Director of the Department of State’s Bureau of Overseas Buildings Operations (OBO), Donald Schenck attended the ribbon cutting ceremony.

The new Embassy facility was designed to incorporate green building techniques and to meet the principles of the U.S. Green Building Council for Leadership in Energy and Environmental Design (LEED®) green building rating system. The multi-building complex provides more than 150 U.S. embassy employees, both American and Fijian, with over 7,500 square meters of working space.

The new facility features a collection of 30 original works of art by artists from the United States and the Embassy's countries of accreditation: Fiji, Kiribati, Nauru, Tonga, and Tuvalu, all inspired by the natural beauty of the South Pacific. The collection transcends barriers of culture, time, and language through a visual representation of shared values between the United States and the Pacific Islands Countries.

The Pernix Group of Lombard, Illinois constructed the facility, which was designed by the architectural firm of Hellmuth Obata and Kassabaum. The $81 million project generated jobs in both the United States and Fiji. The new facility was completed in June 2011 and at times involved more than 300 workers in its construction.

Since the 1999 enactment of the Secure Embassy Construction and Counterterrorism Act, OBO has moved more than 24,000 people into safer facilities. Including the dedication of the new Embassy in Suva, OBO has completed 81 diplomatic facilities and has an additional 35 projects in design or construction.

OBO’s mission is to provide safe, secure, and functional facilities for the conduct of U.S. diplomacy and the promotion of U.S. interests worldwide. These facilities should represent American values and the best in American architecture, engineering, technology, sustainability, art, culture, and construction execution.

The Embassy of the United States of America would like to announce that the Consular Office will be closed for non-emergency services between Friday, July 1, 2011 and Friday, July 8, 2011 while the Embassy moves to its new location in Ta Qali. During this time, only emergency American Citizen Services will be available.

Since the U.S. Embassy will be closed on Wednesday, June 29 in observation of a Maltese holiday, the Feast of St. Peter and St. Paul, the last date available for visa interview appointments and non-emergency Consular services, will be Wednesday, June 22. Please remember that all Consular services are by appointment only and can be scheduled on the Appointment Calendar of the Embassy website at: http://malta.usembassy.gov. Inquiries can be directed via email to consularmalta@state.gov.

The Department of State has released the new visa bulletin for July 2011 on June 9, 2011 which continues to bring cheers to Chinese and Indian nationals whose Priority Dates get benefited.

For the month of July 2011, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward nearly five months for Chinese nationals (from October 15, 2006 to March 8, 2007), and also moved forward nearly five months for Indian nationals (from October 15, 2006 to March 8, 2007). In the EB-3 category, the cut-off dates moved forward from May 15, 2004 to July 1, 2004 for Chinese nationals and moved forward from April 22, 2002 to May 1, 2002 for Indian nationals.

For the month of June 2011, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward more than two months for Chinese nationals (from August 1, 2006 to October 15, 2006), and moved forward more than three months for Indian nationals (from July 1, 2006 to October 15, 2006). In the EB-3 category, the cut-off dates moved forward from April 15, 2004 to May 15, 2004 for Chinese nationals and moved forward from April 15, 2002 to April 22, 2002 for Indian nationals.

We will keep you updated on the recent developments on the Employment base Visa Bulletin.

It’s an age where almost every country is tightening its borders and increasing security in order to keep out unwanted elements and terrorist activities – after the recent spate of destruction on a mass scale, many more visa restrictions are in place. So if you’ve secured a visa to the USA as a tourist, a student, a non-immigrant worker, or in any other non-immigrant category, you must be careful not to abuse the privileges you’ve been given. There are consequences to overstaying your visa, and they’re harsh and could have a severe effect on the rest of your life; so before you’re trapped by visa regulations because of your lack of awareness or your overconfidence, here’s how you can set out to minimize your US visa troubles.
• Know the visa rules of the country you’re traveling to – the rules are different for each country and each type of visa. If you’re not sure, ask a few people who are knowledgeable about these issues, like visa lawyers or others who are professionally linked to immigration offices.
• Do not overstay your visa by even a few hours – you may assume that it’s ok, but it’s actually not. You will have to face severe consequences by overstaying your visa, for whatever reason.
• If you need to overstay your visa or desire a change in the status of your application, file for an extension well in advance. Even if your application is pending, you could have to leave the US for your home country and return when your visa has been approved. Check with an experienced visa lawyer about the rules regarding extension of stay and change in status of visa.
• If you have overstayed your visa for any period of time, you could not be allowed back into the country for as many as 10 years. Check with your visa lawyer to see what consequences you could be facing and how to negate them if you’ve overstayed your visa.
• If you overstay your visa, your application may not be considered favorably even if you apply for a visa after serving your three or ten year ban.
• Don’t violate the terms of your visa – if you are not permitted to work, then don’t do so; if you are not permitted to study, then don’t do so – violating the terms of your visa too could get you deported and bring about a ban on future visa applications.
• Remember, even if you hold a valid visa, the country you are trying to visit could still refuse you right of entry at the immigration point if they find that your answers are not satisfactory. So know what you must do and say in order to honor your visa and be a respected guest in the USA.

By-line:
This guest post is contributed by Chris Jacobson who writes on the topic of Criminal Justice Degrees . Chris can be reached at his email id: chris.jacobson7-AT-gmail-Dot-com

U.S. Citizenship and Immigration Services (USCIS) reminds Haitian nationals that the registration deadline for Temporary Protected Status (TPS) is Jan. 18, 2011.

Haitian nationals who have continuously resided in the United States since Jan. 12, 2010, and who meet other TPS eligibility requirements, must file their applications for TPS no later than Jan. 18, 2011. The TPS designation for Haiti will remain in effect through July 22, 2011.

USCIS advises Haitian nationals to review their TPS application packages carefully. Details and procedures for applying for TPS are provided on the USCIS website and in the Federal Register notice announcing TPS for Haiti.

TPS forms are available on the USCIS website or by calling toll-free 1-800-870-3676. For additional information, applicants may also contact the USCIS National Customer Service Center at 1-800-375-5283.

In view of Mr. President Barack Obama visit to South Asian giant 'India', here are some updates on Indo-US bilateral relationship. The basic purpose of Mr. Obama's visit is to strengthen the bilateral relationship.U.S. President Barack Obama began his maiden visit to India on last Saturday by promising to remove restrictions on sensitive high-tech exports, a nagging irritant in the evolution of bilateral ties, even as he declared deals worth $15 billion that would support some 54,000 American jobs and seek to answer critics back home. This step will considered to be greatest achievement of Mr. Obama after the recent debacle in US Polls.

The United States is the world’s largest recipient of Foreign Direct Investment (FDI). India is among the fastest growing investors in the United States. As the U.S.-India economic relationship deepens, investment from India contributes to the growth and vibrancy of the American economy and in the creation of jobs in the United States. Over the last decade, investment capital from India grew at an annualized rate of 53% reaching an estimated $4.4 billion in 2009. This growing flow of capital from India reflects the increased integration of the two economies and has brought many benefits to the United States, increasing U.S. exports and supporting tens of thousands of jobs in the last six years alone.

An increasing number of Indian-owned firms contribute to U.S. jobs, exports, and growth:

• Goods exports to India reached approximately $17 billion in 2009, in part due to increased FDI from India.

• Indian companies have aided the turnaround of struggling U.S. firms, saving jobs and improving company performance. They have also made important new investments, stimulating innovation and production in the American economy.

Just a few examples include:

* The Essar Group invested over $1.6 billion in the declining Minnesota Steel Industries and now employs over 7,200 people in almost a dozen states.
* The Tata Group has invested more than $3 billion in the U.S. and now employs nearly 19,000 throughout the country.
* Jubliant Organsys Total Capital invested $246 million in the U.S. and now employs nearly 900 employees throughout the country.
* Wockhardt, a pharmaceutical company, acquired Morton Grove for $37 million. The deal preserved the jobs of all 200 original Morton Grove employees.
* Crompton Greaves, an entity of the Indian conglomerate Avantha Group, has invested and partnered on a $20 million project to launch a Center for Intelligent Power with the University of Albany. The deal will create 100 high-tech jobs in upstate New York.

Indian FDI in the U.S. is on the rise:

• Indian investment capital is spread throughout the United States; it has reached states on both coasts and in the American Midwest. Geographically diversified investment by Indian firms has helped to support employment, particularly in towns reliant on industry and manufacturing that faced difficulties during the recent economic downturn.

• According to a report by Ernst & Young and the Federation of Indian Chambers of Commerce and Industry (FICCI), the largest share of investment capital from India has been allocated to industries associated with the knowledge economy. This capital is helping the U.S. increase employment in high value-added industries, such as IT and pharmaceuticals.

• FDI from India is expected to continue to grow in the future. There is strong interest from Indian investors in the power, steel, and extractive industries. The pharmaceuticals and health care industries are also expected to receive major investments. This inflow of capital will expand the U.S. economy across a wide variety of fields, creating jobs and keeping the U.S. competitive in global markets.

U.S. Citizenship and Immigration Services (USCIS) today announced it has begun issuing a redesigned, more secure Certificate of Naturalization (Form N-550) as part of its ongoing efforts to enhance the integrity of the immigration system. The agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year.

Tourism in Russia has seen rapid growth since the late Soviet times, first inner tourism and then international tourism as well. Rich cultural heritage and great natural variety place Russia among the most popular tourist destinations in the world. The country contains 23 UNESCO World Heritage Sites, while many more are on UNESCO's tentative lists. Major tourist routes in Russia include a travel around the Golden Ring of ancient cities, cruises on the big rivers like Volga, and long journeys on the famous Trans-Siberian Railway. Diverse regions and ethnic cultures of Russia offer many different food and souvenirs, and show a great variety of traditions, like Russian banya, Tatar Sabantuy, or Siberian shamanist rituals.Despite being home to some of the world's great attractions - from Red Square and the Kremlin in Moscow to the famed Hermitage museum in Saint Petersburg - Russia has struggled to attract tourists.

The major hurdle towards attracting less tourism is it is epicenter of some of the most expensive hotels in the world, inadequate tourism infrastructure, a reputation for surly service and bureaucratic headaches for visitors and the absence of English. To tackle this, the Russian government is hoping to change all that and is planning to launch an ambitious programm to make the country a tourist paradise by 2016 and thrust it into the ranks of major tourism destinations. The deputy minister for tourism and sport, Nadezhda Nazina said "We are going to do everything possible so that a foreign visitor feels comfortable in Russia."

The Russian government will soon be considering a 352-billion-ruble (11.7-billion-dollar, 8.5-billion-euro) plan to improve infrastructure, train specialists and launch a major advertising campaign, she said. If the plan is successful "in five years up to 40 million foreign tourists could visit Russia every year," Nazina said.

Russia last year attracted only 2.3 million foreign visitors, according to the federal tourism agency, placing it far below the top destinations for international tourists. The top two destinations, France and the United States, attracted 74 million and 55 million visitors respectively in 2009, according to the World Tourism Organization. To reach its target, Russia would need to attract about as many tourists every year as Italy, which last year hosted 43 million foreign visitors.

Industry experts in Russia said they would love to see the plan succeed but were highly skeptical. The figure of 40 million tourists "is a prediction that is in the realm of science fiction," said Maya Lomidze, the executive director of the Association of Tour Operators of Russia.

"Too many conditions would have to be met for this plan to be realized. The main necessity is that we have hotels at affordable prices. Russia is a very expensive country," she said.

According to a recent study by travel consultancy the Hogg Robinson Group, the average price of a hotel room in Moscow is 402 dollars (288 euros), the most expensive in the world. In Paris the average price was 318 dollars (227 euros) and in New York 297 dollars (213 euros).

"In Moscow there are almost no economy-class hotels or they are very bad. The prices are exorbitant," said Irina Tyurina, the spokeswoman for the Russian Tourism Industry Union.She said Moscow and Russia's Tsarist-era capital Saint Petersburg, famed for their luxury hotels, continue to host most visitors to Russia, accounting for 95-98 percent of foreign guests.

The next most-popular destinations are the so-called Golden Ring of ancient cities near Moscow including Vladimir and Rostov, the Kamchatka peninsula in Russia's Far East and the Lake Baikal region in Siberia. Industry experts said Russia will also have to overcome the bureaucratic red-tape that is the bane of visits to the country.

Foreign visitors are not only required to indicate the cities they plan to visit when applying for a Russian visa, they are also required to register with local migration authorities every time they visit a new city, a process Tyurina described as "humiliating." Russia is also country "that has not yet adapted to the needs of foreign tourists," Lomidze said. For example, there are no signs in English in the Moscow Metro except for small plans posted in the underground transportation network.

USCIS has recently announced the H-1B Cap updates for the H-1B Cap Count in FY 2011.

Current H1B Cap Count

Regular Cap Limit- 65,000
Regular Cap Cases Filed- 22,900 (Approx)
Date of Count- June 18, 2010
Advanced Degree Cap Limit- 20,000
Advanced Degree Cap Cases Filed- 9,700 (Approx)
Date of Count- June 18, 2010

Gov. Jan Brewer ignored criticism from President Barack Obama on Friday and signed into law a bill supporters said would take handcuffs off police in dealing with illegal immigration in Arizona, the nation's busiest gateway for human and drug smuggling from Mexico.

With hundreds of protesters outside the state Capitol shouting that the bill would lead to civil rights abuses, Brewer said critics were "overreacting" and that she wouldn't tolerate racial profiling. "We in Arizona have been more than patient waiting for Washington to act," Brewer said after signing the law. "But decades of inaction and misguided policy have created a dangerous and unacceptable situation."

The legislation, sent to the Republican governor by the GOP-led Legislature, makes it a crime under state law to be in the country illegally. It also requires local police officers to question people about their immigration status if there is reason to suspect they are illegal immigrants; allows lawsuits against government agencies that hinder enforcement of immigration laws; and makes it illegal to hire illegal immigrants for day labor or knowingly transport them. The law sends "a clear message that Arizona is unfriendly to undocumented aliens," said Peter Spiro, a Temple University law professor and author of the book "Beyond Citizenship: American Identity After Globalization."

Obama has called the Arizona bill "misguided" and instructed the Justice Department to examine it to see if it's legal. He also said the federal government must enact immigration reform at the national level – or leave the door open to "irresponsibility by others." "That includes, for example, the recent efforts in Arizona, which threaten to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe," Obama said.

Let's welcome the new Green Card! For the past several years, the color of the Green Card has remained a light shade of pink. On May 11, 2010, U.S. Citizenship and Immigration Services announced that it has completely redesigned the card, adding new and enhanced features. Among its many improvements, the Green Card is finally going to be the color green. USCIS has begin to issue all Green Cards in the new format from May 2010 onwards. Those non-green colored Green Cards issued before May 2010 will still continue to be valid before their expiration. Card holders will receive the redesigned green-colored Green Cards upon renewal or replacement. If your card does not have an expiration date, USCIS recommends that you replace your card to obtain the new green-colored Green Card. Currently, the filing fee for renewal or replacement is $370.