Work Visa Date Pending

For all our current and potential clients out there, we want to remind you that we are getting close to deadlines for H-1Bs and other business visa deadlines.  As more and more businesses find international talent is needed for positions here in the States, the cap is reached above and beyond for many categories by the April 1 deadline. 

If you believe you will need a foreign worker as part of your staff by October 2015 (or early 2016), give us a call or email today.  There are several steps in the process - some of which are quite time consuming, and you do not want to be left behind!

Call 479-790-6220 or email znaylor@ballanaylorlaw.com

Happy New Year!

2015.

Here at Balla & Naylor Law Firm, we are excited about 2015. This is a year of possibilities and change.  If anything new at all comes from Immigration Reform, it will be Obama's Executive Action going into action in February and May.  If Congress decides to actually do something for immigration, we could see bigger changes.

At Balla & Naylor Law Firm, we are attorneys who want to help immigrants.  Where we are born is total chance.  I was lucky to be born in Australia, and have a family with the financial resources to travel to the United States and become part of this country with relative ease.  Don was lucky to be born in the United States and become a successful professional.  Other people are not so lucky.  They are born in places of violence, war, poverty.   And they see a wonderful country here in the United States and want to live the American Dream.  So they try to change their destiny.  Just like the American Dream alludes to.  The idea that you can take yourself out of your current situation and make something of yourself.

We want to help make these dreams reality.  This is the type of firm we are; the type of lawyers we are; the type of people we are.  2015 has barely begun, but we are ready to dream big and help all those who want to make America their home.

Happy New Year.

To the Nay-sayers of Obama's Executive Action

As some of you may know, I teach American National Government at the University of Arkansas in the evenings (as well as practicing law quite well ;)) And every semester, I have my students write a paper.  Usually they write a letter to a government official about some policy.  But on election years, they write about the Senatorial or House Candidate race for their state or district. They discuss the candidates, some issues involved, and then give their opinions.  And while I grade these papers, I put my own politics aside.  Even when students write crazy things and agree with hate-mongers and ideologies I just don't understand how people can follow - the paper is not about whether I agree, but whether they explain their thoughts and the candidates fully.

But now the papers are all graded and turned back, so I can have a bit of a rant on how some people see immigration and Obama's recent executive action.  You see, many of my more right-wing students agree with the right-wing politicians and do not believe in giving an ounce of amnesty to immigrants. Send them all back where they belong.  Even the ones born here. They're stealing benefits, American jobs, and they need to get in line and come here legally.

So, to all my students who may read this, or to all you out in the world, let me explain my thoughts on this.  First, let us understand that there really is no line for these people.  Most undocumented people in the United States come from Mexico or Central America.  The U.S. has visa quotas for various countries, and Mexico, India, China and the Philippines are at the top of the list of having far more applicants than positions open.  To put this in context, let's look at an example.  I looked up the most recent Visa Bulletin released by the government. Say you moved here from Mexico and became a citizen. But your child, who is an adult now, still lives in Mexico and you want to apply for him - put him on the list.  Well, the government is just now getting to applicants from 1994. So you may be waiting a while. Oh, you want to apply for your sister or brother to come to the U.S. to live? They are looking at 1997 right now. Get the picture? Technically there is a line, but it is not a real option for people because the waiting list is ridiculous. And if you do not have a relative to sponsor you, there really is not a list for you. Maybe you could put your name in the diversity lottery...but even then, your odds are incredibly unlikely.

So there's no line. Let's address the stealing benefits and jobs.  It's true that right now, if an undocumented person had a horrific accident and needed to go to the hospital, a physician would probably treat them even if they had no insurance and are undocumented. Sure, the tax payers might be paying for it. This is actually the area where more conservative people should be rejoicing and happy for Obama's plan.  You see, with this Deferred Action plan (part of the Executive Action),  undocumented people receive work authorization for three years (so they're saying right now). This means they will be paying taxes.  This means they will likely be required to have health insurance via the ACA. So by bringing them into the system, we actually create less burden on the system.

Additionally, let us face facts. There are American employers out there who are hiring these undocumented workers. Why would people come if there were no benefits? Oftentimes, you will see these American companies or employers taking advantage of the undocumented by paying less wages or giving less benefits (if any) and of course, not paying taxes on the worker. By bringing the undocumented into the system, we actually make it a fairer playing field for American workers looking for jobs.  Because if an unscrupulous employer has to decide between an American who wants a good wage and benefits and an undocumented immigrant who has to take what he is given and cannot complain to anyone or he will be deported....who will that employer hire?  By giving the undocumented work authorization, they must be paid at least minimum wage. And so Americans can actually compete with this. And perhaps more Americans could be hired because an unethical employer can no longer choose the silent, uncomplaining worker. The threat of deportation is gone.

Finally, and I'm sure Don or I have discussed this before, but let us also just look at the humanity side of this issue. The business details are important and perhaps they will help convince some. But the fact is that so many of these undocumented have lived here 15, 20, 30 years. They have American citizen children here. Their whole life is here. And every day the children live in fear that their parents will be taken away from them.  And the reality is that every day this does happen.  Sometimes there are ways for the parents to stay, but often there are not. Obama's plan does not fix this.  But it does defer the situation and (hopefully) guarantee that for three years at least, families will not have to fear deportation but can instead live out in the open.  Contribute to society. Shop in our stores. Spend their legal wages on American goods and spur our economy to new heights.
And stay together.

President Obama is moving in the right direction.

    As a retired economics teacher, I find that economic realities support undocumented immigrants.  However, I have switched my arguments to those of President Abraham Lincoln—the same direction President Obama seems to be taking. 

    President Lincoln championed a liberty where “each individual is naturally entitled to do as he pleases with himself and the fruit of his labor, so far as it in no wise interferes with any other man’s rights.” [“The Lincoln-Douglas Debates I, Speech at Chicago, July 10, 1858.”]  

    To Lincoln, our dispute is not over immigration but freedom.  “To be plain, you are dissatisfied with me about slavery (read “illegals”). … I certainly wish that all men could be free, while you, I suppose do not.”  [To J. C. Conkling. August 26, 1863]

    Lincoln considered oppression of unpopular groups a moral failing.  “Those who deny freedom to others deserve it not for themselves; and, under the rule of a just God, cannot long retain it.”  [“Speech Delivered Before the First Republican State Convention of Illinois, held at Bloomington, on May 29, 1856.”]

    I did not vote for President Obama.  However, I must applaud his efforts to move closer to the expression of universal freedom in our Declaration of Independence.  Lincoln would have cringed at some of the ideas expressed by recent bloggers.  He would have said, When they get control, the Declaration of Independence “will read ‘all men are created equal, except negroes and foreigners and Catholics.’ When it comes to this, I shall prefer emigrating to some country where they make no pretense of loving liberty,--to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocrisy.” [“Response to a Pro-Slavery Friend; To Joshua F. Speed, Springfield, August 24, 1855”]

    For a comic novel about a state that passes a law ordering its citizens to shoot illegal aliens (and Catholics without guns) read T*O*A*D at http://www.ballabooks.com/t-o-a-d.html .  You will also find there Lincoln’s Address on Undocumented Aliens, a speech of all Lincoln quotes applied to the issue of undocumented immigrants.

-Don Balla

Citizenship & Voting

One of the ultimate goals for many of our clients is citizenship. The final step in all the hassle of immigration - past the visas, the permanent resident status to finally reaching citizenship. The status that the government cannot take away, allows you to travel without restriction, work without restriction, live life without the threat of your status being taken away.  And, of course, finally given a voice in our country - a voice to choose your representative, a voice to say what direction you want the United States to go, a voice to vote.

This issue is quite personal to me because this is the first year I could vote. I have gone through the immigration process as many of our clients have done.  My situation was a little different as my parents took care of most of the visa process when I was a minor, so the major decision I made was to become a citizen and move beyond my greencard status.  Last summer I took the oath and became a citizen of this country. 

There were many decision that went into the process (travel freedom being a major influence), but the ability to vote was an important one.  Since I began my first job in high school at Coldstone Creamery, I have paid taxes to the government yet never had a vote (this was a HUGE reason for the Revolutionary War...no taxation without representation - still exists for immigrants today).  I have watched Presidents, Senators, Representatives from both parties; I've judged their leadership and decision-making, yet had no ability to influence their decisions.  But FINALLY, I am able to become involved in the political system.  I can vote.  And, in fact, I early voted to make sure I would not miss it or have to wait in a long line on November 4th.

So to all you citizens out there who have always had  chance to vote, make sure you take this opportunity! Vote for your fellow humans who live in this country and do not have a voice.  Vote for them - vote for people who are part of this country, pay taxes, contribute to our society, but have to live in the shadows, but have to follow the rules which they have no control over.  And for those of you who reach citizenship through immigration, congratulations.  It is a long journey, but a rewarding one. Go VOTE!!!

#govote #voting #citizenship #FayettevilleArkansas #immigrationlawyer #Immigrationstory #earlyvoting #november4th #NWA #notaxationwithoutrepresentation

Our Current System.....

Friends,

I have been involved in many events recently where members of the general public have had the opportunity to learn about immigration.  Some events have been inspired by Christian films, others by those in the community seeking justice, but the similarities are there - people are interested in immigration issues, immigrants, and those in need of a voice, but many people do not know exactly how our immigration laws work.  We have seen this on the news as people are told to "wait in line for a visa". We hear this on the radio as the President promises over and over again to do something for these voiceless people.  But if most Americans knew the stories of the individuals, I think more people would become interested in Immigration Reform and the need to change our system.

Allow me to share some of their stories with you....

One story we have seen play over and over and over again are the asylees coming up from El Salvador, Honduras, and Guatemala (this is a whole other issue you can read about here). The asylum seekers are children, or children and mothers, and are people who are escaping the terrible conditions in their country.  Conditions where gangs are a real danger that governments are unwilling or unable to control. Children who are abused and beaten, who run away from the people who do this, but who are brought back by the gangs in return for money or a favor from the abuser. Children who do not speak the language of this country, who need real assistance - food, clothing, legal help - and are instead finding themselves locked up in prisons in horrific conditions. Once the asylum seekers are in the system, it can then take months for a first hearing, then the next one is set six months, maybe even 18 months out.  And although after 6 months, the U.S. government will allow them to work, this can take a very long time.  This can be even longer when you move a client to a closer court (because all the first hearings are usually set in a Texas court), and while the paperwork is moving, that 6 months clock (EAD clock)  is paused and everything is at the discretion of the (overworked) court to begin the clock again.  And on top of all that, even if the asylee is able to stay in the United States while they are waiting, everything is so uncertain. Imagine living and just waiting to find out if you will be allowed to stay in the country, or kicked out. Would you put down roots? Would you try to make the area your home? It can be an incredibly difficult, uncertain period of time for these already downtrodden, often abused, scared minors.

 As a person, as a mother, my heart hurts for these children. As a lawyer, I am able to do something about it and help represent them. But unfortunately there is another reality so many immigration lawyers are facing here as well - it takes a lot of work to represent an asylee well.  Most of these asylum seekers have no money - they used everything they had just to get to the United States. And now they have nothing.  Pro Bono work is a truly wonderful gift that the attorney bar can give back to their communities, but it can be difficult for many immigration attorneys (because this is work most regular lawyers cannot undertake) to commit themselves to a full-time pro bono job. 

So we look to other clients as well. Now I know that most areas of the law are depressing - people only come to lawyers when they have problems!  But sometimes immigration law can be so sad.  Our second most common type of client is an immigrant who has come over the border without inspection - you may hear them called "undocumented". They have lived here for 20 years, working, paying taxes, having a family, creating a life.  And they live every day knowing that Immigration and Customs Enforcement Agents (ICE) could pick them up at any time and deport them.  These are people who have not been back to their home country for so long - this is their home. The United States is their home now.  Now DACA (Deferred Action) is a process that the government has put in place which defers deportation for kids who have been brought over in the past fifteen years or so and attend high school in the U.S. and this is a program which helps this situation for younger people.  But older immigrants - ones who have children here - U.S. citizen children - are forced to live in the shadows. When their child turns 21, they may have a pathway to a greencard - but they will still be subject to the 10 year bar punishment for crossing without inspection. And usually there is nothing we can do for them.  We try - we run through all the options available (not many), we get creative, we think about all the options. But if someone who lives like this is picked up by ICE, there is often no legal remedy for them. No line, no waiting list, nothing.

The goods news is that this job is not all sad news and depressing situations. We do have the opportunity to help people obtain legal status in the United States. We recently helped a couple who had attended university here - a citizen and a non-citizen - and they are on their path to permanent residency based on the citizenship marriage.  The non-citizen has received work authorization after 70 days of submitting the application (which we see as a good thing...but it also means that the NC has been unable to work for the past two months and just had to sit around and wait), and after their interview, a greencard should be authorized.  And stories like that are great, and as we watch our clients receive greencards, or gain citizenship, we are pleased that we were able to help them on this path. It is very exciting.  But as so many sources tell us, the numbers of paths to legal status are limited.

 The number of work visas available has become a lottery system in which only 50% of employees whose companies have legitimate claims that only this immigrant can do the job (no American can) are given the visa. The waiting time for those who are not immediate relatives (but still eligible for a greencard) can run fifteen, twenty years back  - if you applied for your brother or sister in the Philippines to come to the United States, USCIS is just now allowing applicants from 1991.

Writing this, I have realized there is so much more to say, so we will continue with our discussion in the future and share more stories with you.  But hopefully now you will be a little more informed about some scenarios that immigrants can face when they enter the United States - as an asylee, just crossing the border, or if they are lucky enough to fall in love here. We need #immigrationreform.  Please help us advocate after this election - #congress needs to #dosomething.

NWA Hispanic Heritage Festival

You know where you should be this Saturday? If the answer isn't the Fayetteville Hispanic Heritage Festival, you should change your plans.

 

And, if you come between 11-3pm on Saturday, you will be lucky enough to visit with Don Balla and Zoe Naylor as we sit at our booth.  

If you come during the Fair (11-3), you can sign up for a FREE CONSULTATION for later that afternoon or Sunday afternoon. So come on down, celebrate Latino and Hispanic culture, and visit us!

Saturday & Sunday (Oct4-5), 11am start both days. At Mae Farm - On College/Thompson between Locomotion and Lewis and Clark (by Lake Fayetteville)