Fix Your TWIC

How do I enroll with TSA for my TWIC?

2008-04-03T20:48:00.000-07:00

TWIC candidates in the region are able to pre-enroll for TWIC online at http://www.tsa.gov/twic

Rehabilitation for DUI offenders

2008-04-01T15:28:00.000-07:00

I want to travel as a tourist to Canada but have three old convictions for DWI. Is there any chance for me?

You will be denied entry to Canada unless you apply for criminal rehabilitation on Application Form IMM 1444E, you will need an FBI Certificate and a State Police Certificate, three references and a nonrefundable fee of $180.USD. Contact our office for assistance in presenting a detailed explanation of your circumstances as under Candadian law, it is the Canadian equivulent of the offense that is relevant and not the foreign laws under which the person was convicted abroad.

Spanish Translation is Court Approved

2008-04-01T13:48:00.000-07:00

The services of a client's own translator may call into question the accuracy of the information. How is this viewed by the Immigration Courts?

An affidavit is signed under penalty of perjury which states that the translation is true and accurate. When a document is submitted which is beneficial to the detainee's case or an individual who is requesting an adjustment of status from the USCIS, the services of a private translator are acceptable. When a detainee is appearing in court and does not speak the English language sufficient enough to understand their rights, a court appointed interpretor is brought to court and the services are paid for by the US government. It is important to note the fact that a court appointed interpretor is not permitted to have any conversation with a respondent, the respondent's attorney or anyone at all. They may only talk to the immigration judge and may interpret in the presence of the immigration judge.

Welcome to the new Staff Member

2008-04-01T13:31:00.000-07:00

Immmigration Law Group welcomes the addition of the full time services of Ms. Lury Abreau, Spanish translator. Retired HPD Lt. Jimmy Lewis continues to be a valuable member of the office and all of us look forward to the continued confidence our clients have shown in our law office. Please refer Immigration Law Group to your business associates, family and friends. We promise excellent legal representation.

2008-03-27T23:05:00.000-07:00

How was TWIC created?
Congress, directing the federal government in controlling access to secure areas is a critical component of the Department of Homeland Security's (DHS) efforts to enhance port security created legislation through the Maritime Transportation Security Act, or MTSA.

TWIC is a common identification credential for all personnel requiring unescorted access to secure areas of MTSA-regulated facilities and vessels, and all mariners holding Coast Guard-issued credentials. TSA will issue workers a tamper-resistant "Smart Card" containing the worker's biometric (fingerprint template) to allow for a positive link between the card itself and the individual.
How will the TWIC be used?
During the initial rollout of TWIC, workers will present their cards to authorized personnel, who will compare the holder to his or her photo, inspect security features on the TWIC and evaluate the card for signs of tampering. The Coast Guard will verify TWICs when conducting vessel and facility inspections and during spot checks using hand-held scanners, ensuring credentials are valid. A second rulemaking will propose enhanced access control requirements, including the use of electronic readers by certain vessel and facility owners and operators.

What is TWIC?

2008-03-27T23:03:00.000-07:00

How was TWIC created?
Congress, through the Maritime Transportation Security Act, or MTSA, directed the federal government to issue a biometric transportation security credential to any individual with unescorted access to secure areas of facilities and vessels and all mariners holding Coast Guard issued credentials or qualification documents. Controlling access to secure areas is a critical component of the Department of Homeland Security's (DHS) efforts to enhance port security.

Who can I contact to get more information on TWIC?

2008-03-27T22:03:00.000-07:00

Who can I contact to get more information on TWIC?
TSA is responsible for conducting background checks, reviewing waivers and appeals , card issuance, revocation and renewal. The Coast Guard is responsible for enforcing the TWIC program as an access control measure and incorporating compliance into existing inspection policies. Both agencies are participating in stakeholder outreach activities. Since TSA and the USCG perform different roles, each agency established a Help Desk to address questions and concerns.
TSA's TWIC Program Help Desk can be reached at 1-866-DHS-TWIC (1-866-347-8942). The help desk will be available Monday through Friday from 8:00 a.m. until 12:00 a.m. EST.
USCG's TWIC Help Desk can be reached at 1-877-MTSA-AID. You may also correspond by email at uscg-twic-helpdesk@uscg.mil. For specific questions regarding implementation for 105 or 106 facilities, owners/operators/FSOs/CSOs are encouraged to seek guidance directly from the local Captain of the Port.

Labor Certification Under PERM

2008-03-27T21:59:00.001-07:00

Section 212(a)(5)(A) of the Immigration and Nationality Act ("INA") prohibits the entry of certain immigrants who are entering the United States to perform labor, unless the Secretary of Labor has certified that there is a shortage of U.S. workers to perform such labor and that the employment of the alien will not adversely affect wages and working conditions of such workers. An intending immigrant who requires a permanent labor certification, but does not have one, will be inadmissible under INA §212(a)(5)(A).
Permanent labor certification requirements are applicable only to the second and third employment-based preference categories. However, an employment-based second preference beneficiary who has obtained a national interest waiver will be exempted from the requirement of a permanent labor certification). The labor certification requirement also does not apply to the first employment-based preference, family-based immediate relative and preference categories, immigrant investors, special immigrants, or refugees/asylees.

What is the Rooker Feldman Doctrice and the meaning of intertwined?

2008-03-27T21:30:00.000-07:00

An article appears in the Duke University Law Review which is quite complete and has an exhaustive footnote of cases for reference. The majority of commentators on the Rooker-Feldman doctrine sharply criticize it, and many have suggested that it be abandoned [*pg 655 complete cite follows] entirely. The critics assert that to the extent that the current conception of the Rooker-Feldman doctrine overlaps with existing doctrines of preclusion and abstention, it is redundant and unnecessary, and to the extent that it reaches beyond the preclusion and abstention doctrines, it is harmful and even illegitimate. Some commentators, on the other hand, acknowledge that Rooker-Feldman plays a necessary, albeit narrow, role that neither existing preclusion nor abstention doctrines fill. For example, imagine that a plaintiff [*pg 656] brings a federal suit, not seeking to enjoin state proceedings, but seeking what is essentially review of a state judgment while state appeals are still pending. Younger abstention does not apply, and in some states interlocutory or appealable orders have no preclusive effect. Rooker-Feldman would be necessary to prevent the inappropriate federal appeal of the state court judgment. An even better example is the situation in which a losing state court defendant brings a federal suit seeking to rectify harms done by the state suit itself. Such a challenge raises claims that do not arise from the same transaction as the original state suit; indeed, these claims could not have been raised in the state proceedings because the injury did not occur until the announcement of the unfavorable state judgment. These new claims would not be barred by res judicata, but federalism certainly counsels that federal courts should not entertain these challenges to state court decisionmaking; the Rooker-Feldman doctrine is necessary to protect state courts in these instances. The few scholars who find some value in the Rooker-Feldman doctrine perhaps have been vindicated by the Exxon Mobil decision, in which the Court demonstrated that it still perceived a niche for Rooker-Feldman not covered by any other existing doctrine. Cited: 56 Duke L. J. 643[*pg 643]
THE ROOKER-FELDMAN DOCTRINE: WHAT DOES IT MEAN TO BE INEXTRICABLY INTERTWINED? Written by Allison B. Jones

Is there a tax on foreign investment in the US?

2008-03-27T21:28:00.000-07:00

The IRS modified final withholding on foreign partnership and foreign trust agreements contained in Rev. Proc. 2003-64 by expanding availability of certain simplified documentation and withholding procedures. The IRS eliminated the requirement of a general partner and that the qualified intermediary withholding agreements, withholding partnership or withholding trust may apply simplified documentation, reporting and withholding procedures to a foreign trust or foreign partnership. The revenue procedure further provides that pursuant to Sec. 12.02 of the QI agreement, and Sec. 11.02 of the WP and WT agreements, these amendments will be incorporated.

Will an investment in a hub zone be possible?

2008-03-27T21:25:00.000-07:00

Foreign nationals who wish to trade with or invest in the United States may lawfully enter, work, and reside in the country by means of either an E-1 “Treaty Trader” visa or an E-2 “Treaty Investor” visa.
General Requirements
Both forms of “E” visas require that the applicant, whether a foreign individual, corporation, or partnership, must be a citizen of a country with which the United States has signed a Treaty of Commerce and Navigation or a Bilateral Investment Treaty.

What is immigration and customs enforcement?

2008-03-27T21:22:00.000-07:00

ICE’s Office of the
Principal Legal Advisor
Within the Department of Homeland
Security (DHS), the legal program
for the U.S. Immigration and Customs
Enforcement (ICE) is the Office of the
Principal Legal Advisor (OPLA). Under
Section 442 of the Homeland Security
Act, the Principal Legal Advisor
represents DHS in “all exclusion, deportation,
and removal proceedings.”
While U.S. Citizenship and Immigration
Services (CIS) and U.S. Customs
and Border Protection (CBP) also initiate
removal proceedings, only OPLA is
authorized to prosecute those cases.
This year, OPLA trial attorneys expect
to prosecute about 300,000 removal
cases and to brief 42,000 BIA cases.
They must also appear in more than
30,000 bond hearings, respond to approximately
12,000 motions to reopen,
provide litigation support to the U.S.
Attorney’s Offices, and assist with reinstatements,
administrative removals,
and expedited removals. OPLA’s 840
employees make it by far DHS’ largest
legal program.

Do you have translation services in Spanish?

2008-03-27T21:19:00.000-07:00

Lury Abreu
SpanishbyLury@hawaii.rr.com

Abilities:
Extremely organized and detail oriented. Like to take projects from the ground up. Able to relate well to all levels of personnel. Ability to oversee company goals and objectives to completion while maintaining great rapport with staff under supervision. Proficient in MS Word, Excel, PageMaker and Outlook. Have worked with many different software packages. Spanish Interpreter/Translator.

The services of an international lawyer include what?

2008-03-27T21:16:00.000-07:00

IMMIGRATION LAW GROUP, LLLC is an international law firm supported by attorneys dedicated to excellence and the recognition of the inherent dignity of all members of the human family in the foundation of freedom, justice and peace on the planet Earth. The IMMIGRATION LAW GROUP, managed by Attorney Alexandra Kaan, efficiently represents clients on immigration matters located anywhere within or outside the USA. This is due to the fact that Immigration law is purely federal in nature. No state in the USA is allowed to pass any legislation in connection with immigration matters under the federal doctrine of preemption.

Fix Your TWIC FAQ

2008-03-27T20:37:00.000-07:00

How will the TWIC be used?
During the initial rollout of TWIC, workers will present their cards to authorized personnel, who will compare the holder to his or her photo, inspect security features on the TWIC and evaluate the card for signs of tampering. The Coast Guard will verify TWICs when conducting vessel and facility inspections and during spot checks using hand-held scanners, ensuring credentials are valid. A second rulemaking will propose enhanced access control requirements, including the use of electronic readers by certain vessel and facility owners and operators.

Will TWICs be used for access control?
Yes. Upon the effective compliance date for their Captain of the Port (COTP) Sector, owners and operators will be required to visually inspect the TWIC for each worker granted unescorted access to secure areas of a facility or vessel. Also, some owners and operators may choose to integrate TWIC cards into their existing access control systems, although owners and operators are not required to purchase, install, or maintain card readers until technologic and logistic improvements are complete and are included in a second rulemaking. The Coast Guard will conduct checks using handheld readers to confirm the identity of TWIC holders during regular inspections and unannounced spot checks. A second regulation will propose card reader requirements that utilize all of the unique technologies employed in the TWIC.

Where can I read the TWIC rule?
The TWIC final rule is available on TSA's website here and more information on port security is available at the U.S. Coast Guard's Homeport site here. It can also be accessed at the DOT Docket Management system here, by searching on docket number 24196 and document number 857.
Was the public involved in the rulemaking?
Yes. In addition to direct involvement from the National Maritime Security Advisory Committee, TSA and the U.S. Coast Guard held four public meetings around the nation and received more than 1,900 comments from workers, port owners and operators, small businesses and others who would be affected by the new program. All comments were carefully considered and significant changes to the NPRM were made in the development of the final rule.