HIspanic migration to the U.S. South

Hispanic Immigration to the Metro Atlanta area

While there has been a dispersion of Hispanics to all parts of the country during the past thirty years, the South has seen a particularly large population increase. More specifically, the Southeast states of Georgia, North Carolina, and South Carolina have all had 100% or more Hispanic population increases over the past ten years. [2] Within those three states, most of the Hispanic migration has been towards economically prosperous parts of the South, such as the cities of Atlanta, Charlotte and the respective surrounding areas. [2]

The number of Hispanics living in the Metro Atlanta area has grown considerably since the 1990s, when the Hispanic population first started to boom. Unlike the 1970s, when most Hispanic migration to Georgia consisted of single men coming to work in urban construction or migrant farming, the Hispanic migration today is family-driven with an emphasis on permanent settlement. [1]

As of the 2010 census, there were 819,887 Hispanics living in Georgia (up from 462,000 in 1996), making it the 10^th largest state for Hispanics in the United States. [4, 5] Of those 819,000, approximately 50% lived in four counties: Cobb, Dekalb, Fulton, and Gwinnett. Of those four counties, Gwinnett experienced the fastest growth rate of 126% from 2000 through 2009. [4] If the 819,000 Hispanics in Georgia, approximately 43% own his or her own home, but 49% do not have health insurance. [4]

Why the South?

There are several reasons behind the Hispanic migration to southern states, most of which are economic. First, the Southern states are inexpensive when compared to the Northeast, Midwest, or Western counterparts. Land is relatively cheap so it’s possible for Hispanic workers to buy a house and start accumulating wealth. And second, the South, particularly Atlanta, has plenty of job opportunities, both agriculturally and construction-based.

Legislative attempts to remove illegal aliens

In 2011, Georgia passed bill HB-87 into law, which, like it’s counterparts in Arizona and Alabama, required local law enforcement to check the immigration status of people who cannot provide identification, and punishes anyone who harbors or transports undocumented individuals. [6] Persons who cannot produce identification are likely to be deported.

In response to this law, many Atlanta immigration attorneys filed a petition in federal court to strike down the law or, at the least, push back the full enactment of the law until a ruling can be issued by the United States Supreme Court. These Atlanta immigration lawyers were successful in that a federal judge struck down the most controversial sections of HB-87 because it pre-empted federal law on the same subject. [6]

[1] “Hay Trabajo in Georgia” (There’s work in Georgia), 1975-1995 http://www.georgiaencyclopedia.org/hge/article.jsp?id=h-2728

[2] Census Shows More Hispanics Moving to N.C. http://www.mpr.org/2011/03/04/134253846/The-Census-And-The-South
[4] Pew Hispanic Center http://www.pewhispanic.org/states/state/ga/, http://www.usresidentvisa.com/es/

[5] Hispanic and Latino Communities in Metro Atlanta http://en.wikipedia.org/wiki/Hispanic_and_Latino_Communities_in_Metro_Atlanta

[6] Who Gains after Federal Judge Blocks Immigration Law? http://blogs.ajc.com/kyle-wingfield/2011/06/27/who-would-gain-if-a-judge-blocks-georgias-immigration-law/

History of Immigration to United States

Immigration to the United States

Immigration to the United States is a complex demographic phenomenon that has been a major source of population growth and cultural change throughout much of the history of the United States. The economic, social, and political aspects of immigration have caused controversy regarding ethnicity, economic benefits, jobs for non-immigrants, settlement patterns, impact on upward social mobility, crime, and voting behavior. As of 2006, the United States accepts more legal immigrants as permanent residents than all other countries in the world combined. Since the removal of ethnic quotas in immigration in 1965, the number of first-generation immigrants living in the United States has quadrupled, from 9.6 million in 1970 to about 38 million in 2007. 1,046,539 persons were naturalized as U.S. citizens in 2008. The leading emigrating countries to the United States were Mexico, India, the Philippines, and China. Nearly 14 million immigrants came to the United States from 2000 to 2010.

Brief History of Immigration to the United States

Between 1850 and 1930, about 5 million Germans immigrated to the United States with a peak in the years between 1881 and 1885, when a million Germans left Germany and settled mostly in the Midwest. Between 1820 and 1930, 3.5 million British and 4.5 million Irish entered America. Before 1845 most Irish immigrants were Protestants. After 1845, Irish Catholics began arriving in large numbers, largely driven by the Great Famine

Each group evinced a distinctive migration pattern in terms of the gender balance within the migratory pool, the permanence of their migration, their literacy rates, the balance between adults and children, and the like. But they shared one overarching characteristic: They flocked to urban destinations and made up the bulk of the U.S. industrial labor pool, making possible the emergence of such industries as steel, coal, automobile, textile, and garment production, and enabling the United States to leap into the front ranks of the world’s economic giants.

The 1910s marked the high point of Italian immigration to the United States. Over two million Italians immigrated in those years, with a total of 5.3 million between 1880 and 1920. About a third returned to Italy, after working an average of five years in the U.S.

In 1934, the Tydings-McDuffie Act, which provided for independence of the Philippines on July 4, 1946, stripped Filipinos of their status as U.S. nationals. Until 1965, national origin quotas in the immigration law strictly limited immigration from the Philippines. In 1965, after revision of the immigration law, significant Filipino immigration began, totaling 1,728,000 by 2004

In 1950, after the start of the Korean War, the Internal Security Act barred admission to any foreigner who was Communist, who might engage in activities "which would be prejudicial to the public interest, or would endanger the welfare or safety of the United States."

This all changed with passage of the Hart-Celler Act in 1965, a by-product of the civil rights revolution and a jewel in the crown of President Lyndon Johnson’s Great Society programs. The measure had not been intended to stimulate immigration from Asia, the Middle East, Africa, and elsewhere in the developing world. Rather, by doing away with the racially based quota system, its authors had expected that immigrants would come from the "traditional" sending societies such as Italy, Greece, and Poland, places that labored under very small quotas in the 1924 law. The law replaced the quotas with preference categories based on family relationships and job skills, giving particular preference to potential immigrants with relatives in the United States and with occupations deemed critical by the U.S. Department of Labor. But after 1970, following an initial influx from those European countries, there were immigrants from places like Korea, China, India, the Philippines, and Pakistan, as well as countries in Africa. Naturalization into the United States.

U.S. Permanent Resident

U.S. PERMANENT RESIDENTS

Intent to Keep U.S. Permanent Residence— If there is an absence of intent coupled with objective circumstances, lawful permanent residents (LPRs) can lose their status even if they visit the U.S. often. An LPR may have multiple residences, but U.S. residence must be the permanent one.

What Lawful Permanent Residence Does Not Provide
Citizenship; Permanence in the sense that the status cannot be lost. LPRs are subject to the grounds of deportation and can, for example, be deported for the commission of a drug offense. LPR status may be lost if abandoned. «LPRs are accorded full constitutional due process rights as to their admission.

Automatic entry to U.S.—LPRs are not regarded as seeking admission upon return from a trip abroad except under certain circumstances.

Green Card— Person becomes LPR upon first admission to U.S. with immigrant visa or upon adjustment of status in U.S. Card is merely evidence of such status.

Process for Obtaining Lawful Permanent Residence
Immigration Selection System consists of:
§ Family-sponsored immigrants.
§ Employment-based immigrants.
§ Diversity immigrants.
§ Refugees and asylees.
§ Persons not subject to limitations.

Part of Overall Cap—Under the Immigration Act of 1990, immediate relatives (IRs) are part of the overall annual cap of 480,000 immigrant visas.
1. IRs, however, are not subject to a numerical limit within the overall cap.
2. IRs are not exempt from grounds of inadmissibility.
Restricted to: Children, spouses and parents of a USC; If applying for a parent, the USC son or daughter must be at least 21 years old; If applying for a child, the child must be under 21 and unmarried.

VAWA Petitioners (Battered Spouses, Children, or Parents)
VAWA Self-Petitioner Defined — Includes conditional residents, battered spouses and children of Cuban Adjustment, HRIFA and NACARA beneficiaries, as well as abused spouses, children, and parents described herein.
Eligibility—The spouse, child or parent who is battered or subject to extreme cruelty may file a self-petition independently of the abusive USC/LPR spouse or parent. The spouse or child must demonstrate that he or she resided with USC/LPR spouse/parent; was battered or subject to extreme cruelty during the marriage (or, in the case of a spouse self-petitioner, the child was battered or subjected to extreme cruelty); the marriage was entered into in good faith; she is otherwise eligible for IR or preference status; and has good moral character.

Good Moral Character (GMC)—If the person lacks GMC, the petition will be denied. «

NUMERICAL LIMITATION (PREFERENCE) IMMIGRANTS
Maximum Divided into Categories—The maximum number of visas issued per fiscal year (Oct. 1 to Sept. 30) is divided into three categories: family-sponsored, employment-based, and diversity immigrants.
Family-Sponsored: 480,000 visas less immediate relatives plus unused employment-based visas; Employment-Based—140,000 visas, plus unused family visas; Diversity Immigrants—50,000 per year

DIVERSITY IMMIGRANTS
Number Available—DHS/DOS determine by a complex formula based on number of persons from each foreign state who were provided LPR status during the most recent 5-year period for which data is available. The number of diversity visas available is 55,000 each year.

Contact Atlanta immigration attorney.

Overview Immigration Law

This article gives a broad outline of Naturalization and Citizenship law in the United States. It is not intended to be a complete article on the matter, but rather an outline that gives several salient points on each topic and subtopic.

ELIGIBILITY FOR CITIZENSHIP
The INA grants U.S. citizenship at birth based on: (1) birth in the U.S. or certain other places; (2) the citizenship of one or both parents; and (3) a combination of location and parental citizenship. U.S. citizenship is also granted to persons after their birth based on a combination of parental citizenship and later residence and by naturalization. U.S. noncitizen national status is granted based on the birth location in certain other places, and the U.S. national status of one or both parents
Birth in the U.S. or Certain Incorporated Territories.
Under the Fourteenth Amendment "all persons born or naturalized in the United States...are citizens of the United States." Citizenship by birth also includes persons born in certain territories under U.S. control. Persons born in unincorporated territories are not USCs at birth. «The absence of an official birth certificate is not decisive as to whether a person was born in the U.S. «A person of unknown parentage found in the U.S. while under the age of five is considered a USC by birth unless proven not to have been born in the U.S. prior to the age of 21.
By Acquisition at Birth
A child born outside the U.S. where one or both parents are USCs may acquire U.S. citizenship at birth. A child who acquires citizenship is a citizen at the moment of birth and does not need a certificate of citizenship.
The congressional acts providing for acquisition of citizenship require the USC parent to reside or be physically present in the U.S. for certain time periods prior to the birth of the child so that he or she may "transmit" citizenship. The transmission requirements are established by the law in effect at the time of the child’s birth.
The requirement that the child had to reside in the U.S. for certain time periods to retain citizenship under former statutes was eliminated by §103 of the Immigration and Nationality Technical Corrections Act of 1994.
By Derivation Through the Naturalization or U.S. Birth of One Parent
A child born outside the U.S. may become a USC as a matter of law by virtue of his or her parent or parents’ birth or naturalization.
As a result of the Child Citizenship Act of 2000, a child no longer needs to prove that his or her parents were legally separated or divorced if s/he is in the custody of one parent as s/he did under prior law. Under the present version of INA §320(a) a child derives citizenship as long as: (1) one parent is a citizen by birth or naturalization; (2) the child is under 18; (3) the child is residing in U.S. pursuant to a lawful admission for permanent residence (an LPR); and (4) the child is residing in the U.S. in the legal and physical custody of the citizen parent.
An application for a certificate of citizenship is made on Form N600. Evidence includes: (a) child’s birth certificate; (b) marriage certificate of child’s parents if applicable; (c) proof of termination of previous marriages; (4) U.S. citizenship of parent; (5) verifying legitimation according to the laws of the child’s or father’s residence or domicile if child born out-of-wedlock; (6) documentation of legal custody in case of divorce, legal separation or adoption; (7) LPR card or stamp for child; (8) full adoption decree if adopted; (9) legal name changes; and (10) any additional documentation INS requires to make a decision.
A USC by derivation may also apply directly for a U.S. passport, without obtaining or requiring a certificate of citizenship.
Certificate of Citizenship under INA §322
Children of USCs who did not acquire citizenship at birth abroad or derive it through naturalization of their parent(s) may still obtain a certificate of citizenship upon application of the USC parent if: (1) one parent is a USC; (2) the child is temporarily physically present in the U.S. pursuant to lawful admission and is in status; (3) the child is under 18; and (4) the child is residing outside the U.S. in the legal and physical custody of the USC parent who has been in the U.S. five years, two of which were after her/his 14th birthday.
By Naturalization
A person who is 18 years or older, who meets certain requirements, including residence, presence, good moral character, and legal status, may file an application for naturalization.
ELIGIBILITY FOR NATURALIZATION BY APPLICATION
Criteria for Naturalization—Congress has the constitutional duty to "establish a uniform Rule of Naturalization." To qualify for naturalization, an applicant:
Must Be a Lawful Permanent Resident; Must be 18 Years or Older unless age requirement is waived due to military involvement; Must Meet Continuous Residence and Physical Presence Requirement; Must generally be a continuous resident for 5 years subsequent to LPR status.
Marriage to a USC—If married to a USC the residency requirement is 3 years if: (i) the USC spouse is a USC for three years; and (ii) the parties have been "living in marital union" for 3 years.
Battered Spouse/Child—A spouse or child who obtained LPR status because of battering or extreme cruelty may also apply for citizenship within a 3-year period
Must Meet the Good Moral Character Requirements—Must be a person of good moral character for 5 years (or for a spouse of a USC, 3 years, or for person in the military, one year) prior to filing and up to the time of admission.
Must Demonstrate Knowledge of English Language, U.S. History, and Government Requires (1) elementary-level reading, writing and understanding of the English language, (2) a knowledge and understanding of the fundamentals of U.S. history and government.
For more information on any of these topic areas, please contact an Atlanta immigration lawyer.

iPad released

What better way to re-start this blog than by doing it along side Apple's new product, the iPad.

This could be a game changer. A couple of companies have tinkered with the netbook idea (or notebook) of a small computer that is more than a PDA but less than a laptop. The problem with those items is that you have to wait for the software to load when you turn it on, and the battery life won't make it through an entire day of work.

The iPad, however, seems to work all day long, giving users quick access to anything you'd find on a laptop: email, chat, internet, documents, spreadsheets, etc.

In my humble opinion, this is just another example of How William Shatner Changed the World.

The iPad is heading towards the PADS on ST: TNG!

The Difference Engine

I always appreciate stories about men and women who were ahead of their time.

So NPR aroused my interest this morning with a story about Charles Babbage.

Who?

Well, the inventor of the Difference Engine, of course. He thought it of before the Civil War and today, the Difference Engine is considered the pre-cursor to all modern computing.

Here is the intro to the story (and video of it working):

Charles Babbage, the man whom many consider to be the father of modern computing, never got to complete any of his life's work. The Victorian gentleman was a brilliant mathematician, but he wasn't very good at politics and fundraising, so he never got the financial backing to finish any of his elaborate machine designs. For decades, even his fans weren't certain whether his computing machines would have worked.

But Doron Swade, a former curator at the Science Museum in London, has proven that Babbage wasn't just an eccentric dreamer. Using nothing but materials that would have been available to Babbage in the 1840s, Swade and a group of engineers successfully built Babbage's Difference Engine — and a version is now on display at the Computer History Museum in Mountain View, Calif.

The Difference Engine fills half a gallery and stands taller than most men. It's 5 tons of cast iron, steel and bronze woven together from 8,000 distinct parts. Though it looks like it could be a sculpture, the machine is essentially a giant calculator. Tim Robinson, a docent at the museum, says it's "the first automatic calculating machine.

Plastic Surgery changes identity by changing fingeprints

According to the BBC...

A Chinese woman managed to enter Japan illegally by having plastic surgery to alter her fingerprints.

Lin Rong, 27, had previously been deported from Japan for overstaying her visa. She was only discovered when she was arrested on separate charges.

Tokyo police said she had paid $15,000 (£9,000) to have the surgery in China.

It is Japan's first case of alleged biometric fraud, but police believe the practice may be widespread.

Japanese police suspect Chinese brokers of taking huge sums to modify fingerprints surgically.

Local media reports said Ms Lin had undergone surgery to swap the fingerprints from her right and left hands.

Skin patches on her thumbs and index fingers were removed and then re-grafted on to the matching digits of the opposite hand.

Japanese newspapers said police had noticed that Ms Lin's fingers had unnatural scars when she was arrested last month for allegedly faking a marriage to a Japanese man.

The apparent ability of illegal migration networks to break through hi-tech controls suggests that other countries who fingerprint visitors could be equally vulnerable - not least the United States, according to BBC Asia analyst Andre Vornic.