ROTARY    INTERNATIONAL
            A Global Network of Community Volunteers
                                
                                
                         DESOTO, KANSAS
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                        October 3, 2003
                         Guest Speaker:
                                
                     Attorney Mira Mdivani
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                   www.uslegalimmigration.com
                         (913) 317-6200
                                
                                





            Current U.S. Immigration Law and Policy:
                     Problems and Solutions
                                

A.   Introduction        

     The 4-Way Test

     1.   Is it the TRUTH?

     2.   Is it FAIR to all concerned?

     3.   Will it build GOODWILL and BETTER FRIENDSHIP?

     4.   Will it be BENEFICIAL to all concerned?

B.   Problems and Solutions

     1.   Family Separation

          a.   Visa Bulletin - Allowable Levels of Immigration, Appendix A

               Problems:

               A Legal Permanent Resident must wait for over five (5) years to reunite
               with spouse and minor children;

               Daughter of a U.S. citizen cannot bring spouse and children with her to the
               U.S.  - once she immigrates, must file a petition for them and wait at least
               5 years.

          b.   Refugee Permanent Residency Chart, Appendix B

               Problems:

               A refugee must wait at least for 12 years to become a Legal Permanent
               Resident  

               Additional problems (a) and (b) cause: illegal immigration

               Solutions:

                    ___  further restrict levels of immigration

                    ___  increase levels of legal immigration


          c.   3 and 10 year bars, "Illegals" including "Out of Status"

               Problems:

               EWI (Entered Without Inspection) Alien married to a U.S. citizen -
               problem solved - NO!

               Inconsistent policy on illegal entrants: marriage to USC and three kids not
               enough to cure illegal entry but Temporary Protected Status (TPS) is OK

               Problem: Once out of status, always out of status!

               Children brought here without inspection and raised here, thinking they are
               Americans?

               Solutions:

               ____ Deny citizenship to children born to parents without status, or
          
               ___  Remove bars and re-introduce 245(I), DREAM Act for Children,
                    Appendix C





                         



               
          d.   Impact on Economy and Business - Appendix D

               Alan Greenspan, 
               Chairman of the Federal Reserve
               Congressional Testimony on Feb. 27, 2003:

                "As you know, the aging of the population in the United States will
               have significant effects on our fiscal situation.  In particular, it makes
               our Social Security and Medicare programs unsustainable in the long
               run, short of a major increase in immigration rates… Immigration, if
               we choose to expand it, could prove an even more potent antidote for
               slowing growth in the working-age population. As the influx of
               foreign workers in response to the tight labor markets of the 1990s
               showed, immigration does respond to labor shortages… An expansion
               of labor force participation by immigrants and [the] heightened
               growth of output per worker… presents the greatest potential to boost
               the growth of gross domestic product." 

               Problems:

               Employment-based work visas:

                    H-1B Employers currently have to pay $1,000 per petition, comply
                    with paperwork requirements, and H-1B program will expire in
                    2004;               

                    H-2Bs: compels certification process, inflexible categories, does
                    not help employers with employees already in the country
     
                    Green cards based on employment: takes years, process is
                    restrictive, expensive, sometimes absurd

                    Restrictions and costs cause reverse brain-drain and outsourcing to
                    foreign countries

               Price to Pay for Businesses:

                    IRCA Regulations    

                    Criminal and Civil Sanctions

                    Law Suits by competitors (Commercial Cleaning case) and
                    employees (Mendoza case) 

               Solutions:

               ___  ban any employment-based visas and immigration

               ___  facilitate work visas and immigration for needed professional and
                    essential workers

          e.   Other Radical Solutions: e.g., Current Policy to Deny Benefits Even to
               Legal Immigrants - Appendix E      

C.   Conclusion - Be Informed, Make Your Own Decision


























                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                           APPENDIX A
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                           APPENDIX B
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                           APPENDIX C
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                           APPENDIX D
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                           APPENDIX E