Eileen Collins Bretz Immigration Law Blog on Lawyers.com

Immigration Law Changes After September 11

Starting with the Oklahoming bombing and after terrorists destroyed the World Trade Center, the United States made several immigration law, policy and enforcementchanges that impacted who is allowed to live here and under what circumstances. Laws such as the Anti-terrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration and Immigrant Responsibility Act (IIRAIRA) as well as the NSEERS program require non-citizen males from certain targeted countries to register with ICE, have changed the was immigration law is practiced.  Bretz and Coven, LLP, have been on the cutting edge of litigation challenging many aspects of these laws.

While our laws still theoretically uphold ideas of equal opportunity relative to the locus within which such applies to policy effects, for the most part, the recipients of the majority of immigration attention are Arabs and others from Muslim countries throughout Africa,Caucus region, and south east Asia, such as Pakistan, India and Bangadesh.

The scrutiny to which the U.S. subjects Muslims, Arabs, and those from the targeted countries involves questioning about their backgrounds and reasons for wanting to come to the United States. Burdens of proof are higher, and wait times are longer. Overall, nationals from countries bearing particular religious policies are now judged on origin.

The main changes to actual laws on the book tighten requirements and procedure in order to make sure no gaps in process allow a terrorist to darken our nation again:

The Homeland Security Act – This created the Department of Homeland Security and changed immigration, border, and visa laws.

Special Registration – Nationals of specified countries must comply with Special Registration, which includes telling immigration about changes in address, employment, and schools.

Visa and Passport Requirements – British Commonwealth Nationals in Canada now need a visa and passport to enter the U.S.

The LIFE Act – Certain immigrants who submitted certain paperwork before April 30, 2001, are granted rights to petitions they previously did not have.

H1-B Regulations – Employees in valid H1-B status can change jobs and still maintain eligibility.

Travel Permissions– Traveling while waiting for an adjustment of status has different effects from before.

We’re a stricter country now when it comes to immigration, but, with the help of a good attorney, lawful status is always possible.

This article was provided by Bretz & Coven, LLP, a New York City Immigration Law Firm, 305 Broadway, Suite 100, New York, NY 10007-1109, Tel: (212) 267-2555.