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Inalienable Rights

Inalienable Rights

What are Inalienable
Rights?

Inalienable rights (also referred to as natural or human
rights) are rights awarded to human beings that may not be taken away by a
religious or governmental institution, except in specific situations and according
to due process of the law. For instance, the right to liberty may be limited if
an individual is found guilty of a felony by a formal court of law.

 Inalienable rights
are rights that are not dependent upon the customs, beliefs or laws of any particular
government or culture. Because of this standing, inalienable rights are
universal. These rights are distinct from legal rights, which are those
bestowed on to an individual by the law of a particular jurisdiction’s legal
system, and thus are relative to specific governments and cultures.

A legal right may be codified by a statutory, constitutional,
contractual, common, and regulatory or international law. A legal right is
typically qualified by the law which created the right. A legal right can be
enforced by the court of law against the individual who has invaded or
infringed upon it. The right may be enforced by an injunction or a court order,
which will prohibit the other part from infringing upon a right, through the
delivery of monies to the holder of the legal right. If an individual’s right
to liberty is violated, the individual may bring an action so that a court of
law may order the party’s release.

By contrast, the theory behind a natural or inalienable law
is related to that of a human right—many societies do not recognize a
difference between the two fields of law, while others will choose keep the
terms separate to eliminate features that are associated with natural rights.
In a specific sense, natural rights are provided and upheld beyond the
authoritative capabilities of any international body or government. The
Universal Declaration of Human Rights is the premiere legal instrument
responsible for enshrining a conception of natural rights into international
law.

Inalienable rights are commonly interpreted and understood
as the fundamental rights to which an individual is inherently entitled to,
simply because they are human beings. As a result of this definition,
inalienable rights are conceived as egalitarian and universal. The doctrine of
inalienable rights is international in theory and practice; these rights are
placed within global, international and regional institutions and in the
policies of non-governmental entities throughout the world.

 

Philosophy of
Inalienable Rights:

The philosophy of inalienable rights will attempt to examine
the basis of the concept of human rights and examines its justification and
content. One of the most widely accepted philosophies concerning inalienable
rights attach the universal rights to natural law. Other theories state that
inalienable rights codify general moral behavior sculpted as a human social
product developed by a process of social and biological evolution.

Regardless of the approach, these philosophies examine the
general notion that human beings in a society accept and subsequently behave rules
from legitimate institutions in exchange for economic and security advantages.

The two primary theories that dominate contemporary
inalienable rights discussions are the will theory and the interest theory. The
will theory attempts to establish the validity of inalienable rights based on
the human capacity for freedom, whereas the interest theory claims that the
principal function of inalienable rights is to promote and protect certain
indispensable human interests.

 

What are Human
Rights?

Human rights, which are a form of inalienable rights, are
the rights inherent to all beings, regardless of their place of residence,
nationality, gender, ethnic or national origin, religion, language or any other
status. As a result, all human beings are entitled to human rights without
discrimination. Human rights are interdependent, indivisible and interrelated.

These types of inalienable rights are typically expressed
and guaranteed by a nation’s set of laws, their treaties, and a customary
application of international law, general principles or any other source or
interpretation of international law. Because of these legal buttresses, human
rights enforce certain obligations of a government institution to act in
certain ways or to refrain from implementing certain acts, to protect and
promote the fundamental freedoms of human beings.

The principle of human rights is based on the cornerstone of
international law. The principle of international human rights law was formally
emphasized in the Universal Declaration on Human Rights in 1948. Since this
implementation, human rights have been reiterated through a number of
international human rights conventions, resolutions and declarations. For
example, the 1993 Vienna World Conference on Human Rights enforced the States
to protect and promote all human rights and freedoms, regardless of the
cultural, economic and political systems.

All states associated with the Declaration on Human Rights
have ratified at least four of the core human rights treaties. This majority
implementation creates legal obligations for the attached governments to
promote and protect such rights on a universal level. Human rights are
therefore deemed inalienable rights; they should never be stripped from an
individual, except if the person seriously violated a law or under specific
situations.

All human rights, whether they are political or civil, are
interdependent and indivisible. For example, the right to life, the rights to
work, the rights to receive education, or collective rights, such as the rights
to self-determination and development are interrelated, interdependent and
indivisible. These rights although different with regards to what they offer
are related; the promotion of one right will facilitate the advancement of
another, while the deprivation of one will adversely affect the others.

 

Rights offered by the
Universal Declaration of Human Rights:

Article I: Human
beings are born equal and free. Human beings are endowed with conscience and
reason and should interact with one another in a spirit of brotherhood.

Article II: All
human beings are entitled to the freedoms and rights set forth in their
nation’s Declaration. These inalienable rights are awarded without distinction
of any fashion, such as the color, language, religion, political or race of a
being. Moreover, no distinction will be made on the basis of international,
political or jurisdictional status of the nation to which an individual belongs
or resides.

Article III: Every
human being possesses the right to liberty, life and security.

Article IV: No
human being will be held in servitude or slavery; the slave trade is prohibited
in all forms.

Article V: No
human being is subjected to cruel punishment. Torture or degrading treatment of
an individual shall not be used as a form of punishment.

Article VI: Every
human being maintains the right to recognition as a human before the law.

Article VII: All
human beings are regarded as equal before the law. As a result, all human beings
are entitled to equal protection. All human beings are entitled to equal
protection against any form of discrimination in violation of the Universal
Declaration of Human Rights and against any form of incitement to such
discrimination.

Article VIII: All
human beings have to right to secure an effective remedy by competent tribunals
for acts which violate the fundamental rights granted to the individual by the
constitution or law of the nation.

Article VIII: No
human being shall be subjected to arbitrary detention, exile or arrest.

Article X: Every
human being is entitled to a fair and public hearing by an impartial and
independent tribune, in the determination of the individual’s obligations and
rights and of any charge against him or her.

Article XI: Any
human being charged with a penal violation will be presumed innocent until he
or she is proven guilty according to law in a trial. No human being shall be
deemed guilty of any offence on account of any omission or act which did not
establish a violation under national or international law at the time it was
committed. 

Article XII: No
human being will be subjected to arbitrary interference with the individual’s
family, privacy, home or correspondence. Every human being has the right to be
protected by law against attacks or interference.

Article XIII: Every
human being has the right to freedom of residence and movement. Every human
being has the right to leave any nation, including his own, and the right to
return to his nation.

Article XIIV: Every
human being has the right to enjoy and seek in other nations asylum from
persecution.

Article XV: Every
human being has the right to a nationality.

Article XVI: Human
beings of a legal age possess the right to marry and start a family. These
individuals must enter marriage only if full consent of the spouses is
realized. The Universal Declaration of Human Rights states that the family is
the fundamental unit of a society and is therefore entitled to protection by
the society in a nation.

Article XVII: Every
human being has the right to own property; no individual shall be deprived of
the right to own property.

Article XVIII: Every
human being has the right to freedom of thought, religion and conscience. This
human right includes the right to change religions or beliefs.

Article XIX: Every
human being has the right to freedom of expression and opinion. This human
right includes the freedom to hold opinions without being impeded from seeking,
receiving or interpreting ideas through any form of media.

Article XX: Every
human being has the right to freely assemble and associate in a peaceful manner.
No human being may be compelled to belong to any organization or association if
said groups do not break the law.

Article XXI: Every
human being has the right to participate in his or her nation’s government,
directly or through its representatives. Every human being has the right of
equal access to serve in his or her country. The will of people is the basis of
the authority of a government.

Article XXII: Every
human being, as a member of society, has the right to social security.

Article XXIII: Every
human being has the right to work. Humans are awarded the right to choose
employment and are awarded favorable conditions in their work environment.
Human beings are awarded financial protections against unemployment. Every
human being has the right to join or form trade unions for the protection of
the individual’s interests.

Article XXIV: Every
human being has the right to rest and vacation; these rights are awarded to
limit working hours and provide holiday periods with pay.

Article XXV: Every
human has the right to enjoy a standard of living that is adequate for the
well-being of him or herself. These rights include the right to secure
clothing, housing, medical care, social services and food. Education is also
directed to develop human beings and strengthen the respect of human rights and
freedoms. The delivery of education promotes the understanding and unification
of race, religious groups and nations. Parents enjoy the right to choose the
type of education that shall be provided to their children.

Article XXVI: Everyone
has the right to receive education. Education is offered as free at least in
the fundamental stages of a child’s life. Elementary education is compulsory.
Professional and higher education is available and accessible on the basis of
merit.

Article XXVII: Every
individual has the right to participate in the community and has the right to
enjoy the arts and to share in the advancement of the practice. Every human
being is awarded the right to protection of their material and moral interests
resulting from any artistic production of which he or she is the author.

Article XXVIII: Every
human being is awarded the right to receive any liberties or rights expressed
in their nation’s constitution.

Article XXIX: Every
human being is responsible for bolstering the community through the
construction of a free and fully personality.

 

 

Indian Removal Act of 1830

Indian Removal Act of 1830

Guide to the Indian
Removal Act of 1830


The Indian Removal Act of 1830 was an act passed on May 26,
1830 by the 21st Congress of the United States. The 1830 Indian
Removal Act was the signed in law on May 28, 1830 by President Andrew Jackson
after four months of tedious debate.

The Indian Removal Act of 1830 was very strongly supported
in the South, where the relevant states were more than eager to gain power to the
lands that were inhabited at the time by the Five Civilized Tribes (the Choctaw,
Seminole, Creek, Cherokee, and Chickasaw). More specifically, Georgia, who was
the largest state during that time, was extremely involved in a combative
jurisdictional dispute against the Cherokee nation. Former President Jackson had
hoped that the Indian Removal would help resolve the crisis in Georgia. The 1830
Indian Removal Act was also very controversial. While in theory the Native
American removal was supposed to be completely voluntary, in practice there was
great pressure placed on the leaders of the Native American tribes to sign the removal
treaties. Many observers quickly realized that the passage of the 1830 Indian
Removal Act meant the inescapable removal of the majority of Indians from the
states. Some of the leaders of the Native American tribes who had previously fought
against the removal now started to reexamine their positions, particularly
after President Jackson’s 1832 landslide re-election.

Many European Americans preferred the passage of the 1830 Indian
Removal Act, although there was significant opposition to the act as well. Many
Christian missionaries, including the noted missionary organizer Jeremiah
Evarts, objected to passage of the Indian Removal Act of 1830. Future United
States President Abraham Lincoln also strongly opposed the 1830 Indian Removal
Act. In the United States Congress, Senator Theodore Frelinghuysen of New Jersey
and Congressman Davy Crockett of Tennessee vocally spoke out against the Act.
The 1830 Indian Removal Act was ultimately passed after strong and bitter
debate in Congress.

The1830 Indian Removal Act cleared the way for the hesitant—and
often forceful—emigration of tens of thousands of Indians from their homes to
the West. The very first removal treaty signed after the Indian Removal Act of
1830 was the Treaty of Dancing Rabbit Creek which was signed on September 27,
1830. Here the Choctaws located in Mississippi ceded their land east of the
river there in exchange for land in the West and payment. Thomas Harkins or
Nitikechi, a Choctaw chief was quoted in the newspaper as saying this removal Choctaw
removal from their homes was a “trail of tears and death”. Another
treaty was the Treaty of New Echota, which was signed in 1835, which called for
the removal of the Cherokee tribe on the Trail of Tears. Unlike these two
tribes, the Seminoles did not leave their land as peacefully as the others.
They resisted the removal and resulted in the Second Seminole War which was from
1835 to 1842. It ultimately resulted in the removal of a small number of
remaining Seminoles.

Background of the Indian
Removal Act of 1830


Early in the 1800’s before the Indian Removal Act of 1830,
when the quickly-growing United States moved down into the lower South, white
settlers quickly faced what they considered an inconvenient obstacle. This land
was home to the Cherokee, Choctaw, Chicasaw, Seminole, and Creek nations. These
five nations, according to the settles and other white Americans, were blocking
the way of progress in the United States. Settlers strongly pressured the
federal government to somehow acquire the Indian territory in order for the
land to be used for cotton growth.

Andrew Jackson, who was from the South, was a very forceful
proponent of the removal of the Indian Nations and the Indian Removal Act of
1830. In 1814, Jackson commanded the United States military forces that
resulted in defeating a faction of the Creek Indian nation. As a result of this
defeat, the Creek Indians lost approximately 22 million acres of land in what
is now central Alabama and southern Georgia. The United States acquired even
more land in 1818 after Jackson’s troops attacked Spanish Florida as a way to
punish the Seminoles Indians for their habit of harboring fugitive slaves.

Between 1814 and 1824, Jackson was key in negotiating 9 out
of 11 treaties which took Eastern lands from the southern tribes of in exchange
for western lands. These tribes agreed to accept the treaties mostly for
strategic reasons. The tribes hoped to appease the United States government and
hoped to retain some of their land while protecting themselves from white
American harassment. As a result, the United States easily gained control over
nearly three-quarters of Alabama and Florida, along with areas of Mississippi,
Kentucky Georgia, North Carolina, and Tennessee. This time period was one of
voluntary Indian migration, but only a small amount of Choctaws, Creeks, and
Cherokee actually migrated to the new lands.

In 1823, the Supreme Court of the United States gave a decision
which read that American Indians could occupy the lands within the country, but
they did not have the right to hold the title to those lands. The reasoning
behind this judgment was because the Indian’s right of occupancy was secondary
to the right of discovery by the United States. In response to the threat of this
judgment, the Chicasaw, Creeks, and Cherokee introduced policies of limiting
land sales to the United States government. These tribes wanted to strongly protect
what left of their land before they lost all of it.

Although the five Indian nations of the area had made previous
attempts at resistance against the government, many of the strategies they used
were non-violent ones. An example of a non-violent method was to take up white American
customs like Western education, slave-holding, and large-scale farming. Doing
this earned these Indian nations the title of the “Five Civilized
Tribes.” These nations adopted the policy of assimilating in an effort to
coexist with the white settlers while warding off hostility from them. However,
doing this only made whites more resentful and jealous.

Other attempts of non-violence included giving portions of
their land to the United States government with the intention of keeping control
over some parts of their territory, or control of the new areas they were given
in exchange. Some of the nations also refused to leave their territories,
particularly the Seminoles and the Creeks. They both waged war in order to protect
their land. The First Seminole War resulted from this and was from 1817 to 1818.
The Seminoles were helped by fugitive slaves who they had taken in and provided
protection for years.  Seeing the fugitives
supporting the Seminole upset the white planters and powered the white
planters’ desire to win against the Seminoles.

The Cherokee nation used legal means in their efforts to
safeguard their rights and lands. The tribe looked for protection from white
settlers, who often harassed the tribes by stealing livestock, burning towns,
and squatting on their land as an attempt to drive the tribes off. In 1827 the
Cherokee nation adopted a written constitution which declaring themselves as a sovereign
nation. The tribe based this on the policy in the United States. Former
treaties showed Indian Nations being declared as a sovereign in order allow the
tribe to properly cede their lands. The Cherokee tried to use this new status,
the Georgia did not recognize this status, and instead saw the Indians as
tenants who lived on state land. The Cherokee nation took their legal case to
the Supreme Court, where they lost the case.

The Cherokee nation went to the Supreme Court for a second
time in 1831. This time, the Cherokee based this legal appeal on the Georgia
law of 1830 which banned whites from living on Indian Territory at any time after
March 31, 1831, without having an issued license from the state of Georgia. The
state legislature had created this law to specifically justify displacing white
missionaries who were trying to help the Indians resist removal from their
lands. The Supreme Court were in favor of the Cherokee the second time. The
court felt that the Cherokee nation had a right to self-government, and thus
acknowledged that Georgia’s extension of state law over the Cherokee nation to
be unconstitutional. However, the state of Georgia did not abide by this
decision and President Jackson also refused to enforce the Supreme Court’s
ruling.

President Jackson’s attitude toward the Native American
tribes was patronizing and paternalistic. He often described the tribes as young
children who needed guidance. He felt that Indian removal policy was beneficial
not only to the white settlers, but also to the Indians. Many white Americans felt
that the United States would never go beyond the Mississippi. Removing the Indian
tribes from the lands and relocating them would save them from the destruction of
whites, and new areas would allow the tribes to govern themselves easily and
with peace. However, many white Americans saw this move as a reason for an
inhumane and brutal course of action, which resulted in strong protest against
the removal.



 Full Text of the
Indian Removal Act of 1830


The Indian Removal Act of 1830

CHAP. CXLVIII.–An Act to provide for an exchange of lands
with the Indians residing in any of the states or territories, and for their
removal west of the river Mississippi.

Be it enacted by the Senate and House of Representatives of
the United States of America, in Congress assembled, That it shall and may be
lawful for the President of the United States to cause so much of any territory
belonging to the United States, west of the river Mississippi, not included in
any state or organized territory, and to which the Indian title has been
extinguished, as he may judge necessary, to be divided into a suitable number
of districts, for the reception of such tribes or nations of Indians as may
choose to exchange the lands where they now reside, and remove there; and to
cause each of said districts to be so described by natural or artificial marks,
as to be easily distinguished from every other.

SEC. 2. And be it further enacted, That it shall and may be
lawful for the President to exchange any or all of such districts, so to be
laid off and described, with any tribe or nation within the limits of any of
the states or territories, and with which the United States have existing
treaties, for the whole or any part or portion of the territory claimed and
occupied by such tribe or nation, within the bounds of any one or more of the
states or territories, where the land claimed and occupied by the Indians, is
owned by the United States, or the United States are bound to the state within
which it lies to extinguish the Indian claim thereto.

SEC. 3. And be it further enacted, That in the making of any
such exchange or exchanges, it shall and may be lawful for the President
solemnly to assure the tribe or nation with which the exchange is made, that
the United States will forever secure and guaranty to them, and their heirs or
successors, the country so exchanged with them; and if they prefer it, that the
United States will cause a patent or grant to be made and executed to them for
the same: Provided always, That such lands shall revert to the United States,
if the Indians become extinct, or abandon the same.

SEC. 4. And be it further enacted, That if, upon any of the
lands now occupied by the Indians, and to be exchanged for, there should be
such improvements as add value to the land claimed by any individual or
individuals of such tribes or nations, it shall and may be lawful for the
President to cause such value to be ascertained by appraisement or otherwise,
and to cause such ascertained value to be paid to the person or persons
rightfully claiming such improvements. And upon the payment of such valuation,
the improvements so valued and paid for, shall pass to the United States, and
possession shall not afterwards be permitted to any of the same tribe.

SEC. 5. And be it further enacted, That upon the making of
any such exchange as is contemplated by this act, it shall and may be lawful
for the President to cause such aid and assistance to be furnished to the
emigrants as may be necessary and proper to enable them to remove to, and
settle in, the country for which they may have exchanged; and also, to give
them such aid and assistance as may be necessary for their support and
subsistence for the first year after their removal.

SEC. 6. And be it further enacted, That it shall and may be
lawful for the President to cause such tribe or nation to be protected, at
their new residence, against all interruption or disturbance from any other
tribe or nation of Indians, or from any other person or persons whatever.

SEC. 7. And be it further enacted, That it shall and may be
lawful for the President to have the same superintendence and care over any
tribe or nation in the country to which they may remove, as contemplated by
this act, that he is now authorized to have over them at their present places
of residence.

Identification

Identification

What to Know About Forms of Identification
In order for an individual to explain or prove his or her identity, age, reside, or other important personal details, some sort of identification document is necessary. The most common way to prove an established identity is by the use of an identity card or license, although other official government documents can be used, such as identity papers, passports, or a driver’s license. 
In the United States, the most common forms of identification of legal citizens are include identification in card form (such as Passport Cards, driver’s licenses, and identification cards), passports, social security cards, birth certificates, and others.
A Driver’s License as Identification
While driver’s licenses are technically provided with the intent of allowing an individual to drive, it is common practice in all states and U.S. territories to use a driver’s license as an official form of a identification card. This is because a driver’s license is carried at all times when operating a vehicle and is asked for by law enforcement. Furthermore, a driver’s license provides photo identification, signature, and certain identifying information such as name, date of birth, or physical features.
States also provide identification cards that are almost exactly like a driver’s license, but do not permit the privilege of driving. They do however contain the same personal information as a driver’s license.
These two forms of card identification are accepted and considered valid in other states as well as U.S. territories. Furthermore, many other countries outside of the United States will accept a driver’s license or state identification card as a legitimate identity document.
Both driver’s licenses and identification cards can be obtained through the Department of Motor Vehicles of the respective state. The only exception to this is that Kentucky and Hawaii do not have a state Department of Motor Vehicles, but instead have an agency at the county level. 
A driver’s license contains the following identifying information:
Name
Address of primary residence
Physical Appearance (weight, height, hair and eye color)
Date of Birth
Photograph
A Passport as Identification
A passport can be obtained in the United States through the United States Department of State. Passports can be issued to citizens of the U.S. as well as non-citizen nationals. Passports are usually issued in booklet form, but more recently have become available in a limited card form as well.
The primary function of a passport is to allow an American to travel throughout the world, although sometimes a visa may be needed in addition to the passport. However, because passports contain may details about an individual’s identity, they are often used as a form of identification. This often happens with non-US citizens who use their passport from their country of origin, or individuals who do not have a driver’s license.
A passport contains the following identifying information:
Full name
Date and location of birth
Gender
Nationality
Photograph
Other forms of Identification
There are many other forms of identification that can be obtained in the United States. Some of these include the following:
Birth certificate
Social Security Card
Certificate of U.S. Citizenship
Immigration documents
Certificate of Naturalization
Passport card
School ID card
Employee ID card
Credit and debit cards
Proof of insurance
Library card
Membership cards

Identification Cards

Identification Cards

The Facts about Identification Cards


Identification cards are used for individuals who either do not or cannot drive, and therefore do not hold a driver’s license. The purpose of the identification card is to provide a form of identification that can be used to verify an individual’s age, although it can go further by verifying a signature or state residency.
It is very useful for an individual without a license to have an identification card. Having one can allow the individual to view R-rated movies, purchase alcohol and tobacco, board a plane, cash a check, enter bars and night clubs, registering to vote, becoming an organ donor, or check into a hotel without needing a license. 
The individuals who usually obtain an identification card include: 
Individuals who do not have a driver’s license due to personal preference
Individuals who do not have a driver’s license because of age restrictions
Individuals who have had their driver’s licenses suspended
A State identification card is usually almost nearly identical to a driver’s license, although somewhere on the card it will state that the card is just for identification purposes only. This can also apply to age-dependent licenses, where a 21 and over ID may have a certain orientation or color that corresponds to that of a driver’s license for an individual who is over 21.
A state may also provide different types of identification cards. For example, Illinois allows the issuing of three different identification cards. They are for individuals over 65 (a Senior Card), an individual under 65, and an individual who is disabled.
How to Obtain an Identification Card
For all states, identification cards can be obtained through the local Department of Motor Vehicles or equivalent driver agency. All states require certain pieces of information and documents in order to issue an identification card to an individual. In order to receive an identification card, an individual may have to show:
Proof of identity
Proof of age
Proof of residence (particularly residence in that state)
Signature
Valid social security number or social security ineligibility
Lawful Status


What Else to Know About Identification Cards
Depending on the state, there are different procedures involving identification cards. Typically, states charge between $10-20 for an identification card, but the prices can heavily vary. For example, an identification card costs only $8 in Montana, but costs $44.50 in Oregon.
If an identification card is lost or stolen or has expired, each Department of Motor Vehicles or equivalent agencies has certain procedures set in order to replace the identification card. Depending on the situation and state, there can be a replacement or renewal fee that is similar to the cost of initially getting the card. It is usually necessary to bring the forms of identification and proof of information during these circumstances.

Becoming a United States Immigrant

Becoming a United States Immigrant

Becoming a United States Immigrant


An immigrant is an individual who comes to a new country with the intention of leaving the old country and permanently settling in the one. 
The decision for an immigrant to come to the United States to permanent live here is a very important and complicated decision. It is necessary for a potential immigrant to understand whether they are allowed to immigrate into the United States, what sort of immigrant visa they will require, the necessary forms for the process, and the steps of obtaining an immigrant visa. 
In order to be eligible to apply and obtain an immigrant visa, a potential immigrant must have a sponsor by a citizen who is a U.S. relative, a prospective employer, or a lawful permanent resident. This sponsor must act with the U.S. Citizen & Immigration Services as the beneficiary of the approved petition. Sponsors who are within the United States must file the following forms:


For US citizens or lawful permanent sponsors
Form I-130
Petition for Alien Relative
For potential employer sponsors
Form I-140
Petition for Alien Worker
Under certain circumstances, an immigrant petition can be filed outside of the US. Within countries that have Citizen & Immigration Services offices, it is possible to file a petition through a US embassy or consulate. These offices accept the following forms:
Petition for Alien Relative (Form I-130): Applicable if the petitioner is a legal resident within the consular district and the beneficiary is most likely to be able to stay in the country for the typical amount of time it requires for visa processing. The petitioner must still be a citizen of the United States.
Petition for Amerasian, Widow/er, or Special Immigrant (Form I-360): Applicable when filed by widower or widow of a deceased U.S. citizen
Petition to Classify Orphan as an Immediate Relative (Form I-600): Applicable with an approved Application for Advance Processing of Orphan Petition (Form I-600A)
Filing any of these petition forms requires legal residence within the consular district of the United States consulate or embassy for at least the past 6 months. In certain rare situations, a consular officer may consider approving petition even without the petitioner having prior legal residence for 6 months.
One the immigrant petition has been approved, the next step is preliminary processing of the following items at the National Visa Center:
Necessary documents such as birth certificates, marriage/divorce certificates, and police reports
Affidavit of Support
Medical Exam or panel physician information
Immigrant Interviews
The Immigrant interview is an important part of the immigration process. Once a potential immigrant has a scheduled interview with the National Visa Center, the applicant should then take the following steps:
Carefully look over the information about the time, date, and place of the interview.
Prepare for the medical exam.
Make sure that all necessary original documents are available for the interview.
Get the photographs that are required.
Look over the U.S. Consulate/embassy interview guidelines.
Look over the important visa interview notices.
Look over the immigrant visa interview FAQ.

How to Use DS 160 Form

How to Use DS 160 Form

How to Use DS 160 Form


DS 160 Form is the Online Nonimmigrant Visa Application from the Bureau of Consular Affairs of the United States Department of State. DS 160 Form is a completely integrated online application form that can be used in order to collect the needed application information from an individual hoping to obtain a nonimmigrant visa that can be used for temporary travel to the United States.
DS 160 Form is submitted to the Department of State website electronically by using the internet. The Bureau of Consular Affairs officers receive the information shown on the DS 160 Form and use it to process the individual’s visa application. The DS 160 Form along with the personal interview are the determination factors in whether an applicant is eligible for a nonimmigrant visa. 
For all nonimmigrant visa categories, applicants need to submit a completed DS 160 Form online through the Nonimmigrant Visa Application, with the exception of individuals who are applying for K visas. These applicants must use the DS 156 Form, or the Nonimmigrant Visa Application.
An applicant will need these things filling the DS 160 Form online:
Digital picture of the visa applicant. Alternatively, an applicant can bring a printed picture to the visa interview at the consulate.
Which specific consulate the interview will be at.
Reliable internet connection.
Passport details including name, date of birth, issue and expiration date of the passport, and the passport number.
Family information of applicant such as name of parents, their income, mailing address, work address, and more.
Address of the location in the United States where the applicant will stay.
Name and address of any relatives in the United States, if applicable.
For United States residents, the resident’s social security number and tax ID number.
Date of the most recent travel to the United States, if applicable.
It is important to give truthful and correct information on the DS 160 Form. All answers have to be in English can only use English characters, with the exception of the space for full name of the applicant in his or her native alphabet. Special characters like ñ, ü, or ç are not understood by the system. 


Other tips for filling out the DS 160 Form:
If there is no website activity for 20 minutes, the online application process session will expire and the information entered will not be recovered.
Review the information entered by the applicant for accuracy.
Print the confirmation page that shows up after submitting the application.
Make sure to bring the printed confirmation page during all steps of the visa application process.

Immigration and Nationality Act

Immigration and Nationality Act

 

 

Link to the Full Text

 

https://immigration.laws.com/immigration-and-nationality-act-text

 

 

The Immigration and Nationality Act in the United States

 

 

The Immigration and Nationality Act, often referred to as the INA, is a federal law and a basic act of immigration law. Prior to the Immigration and Nationality Act, there were a variety of different statutes which governed immigration law but were not consolidated in one location.

 

 

The Immigration and Nationality Act is divided into different titles, chapters, and sections. While the Immigration and Nationality Act stands alone as a separate body of law, it is also found in the United States Code.  The different sections of the Immigration and Nationality Act can be found by using its U.S. Code citation, or the INA citation.

 

 

Today, the Immigration and Nationality Act governs almost all immigration issues. The Act prohibits employers from hiring undocumented workers knowingly and also requires employers to verify the identity and work eligibility of their employees as stated on the IRS Form I-9. Additionally, the act prohibits job discrimination on the grounds of immigration status. 

 

 

The Immigration and Nationality Act of 1952

 

 

The Immigration and Nationality Act 1952 is also called the McCarran-Walter Act, was the first act which consolidated immigration law into one body.

 

 

President Truman was concerned about the Immigration and Nationality Act due to decisions to keep the quota system for national origins and to create quotas for Asian countries based on race. The president vetoed the act because he felt the bill was discriminatory. However, his veto was overridden by Congress with a vote in the House of 278 to 113 and a vote of 57 to 26 in the Senate.

 

 

Many of the earlier immigration policies were incorporated into this act. However, there were also many new policy changes including:

 

 

Eliminating gender discrimination and racial restrictions.

 

 

Readjusting the quota formula used to restrict immigrants from certain countries.

 

 

Creating selective immigration to aliens with certain skills and family members of American citizens and alien residents through quota preferences.

 

 

Creating a reporting system for United States aliens to report their current residence to the INS annually.

 

 

Creating a central index of aliens for use by enforcement and security agencies.

 

 

Allowing the government to deport naturalized citizens or immigrants who engaged in subversive activities.

 

 

Restricting suspected subversives individuals from entering the United States.

 

 

Expanding the United States to include Puerto Rick, Guam, and the Virgin Islands.

 

 

Immigration and Nationality Act Amendments of 1965

 

 

The Immigration and Nationality Act 1952 Act was amended many times, but the biggest changes were made with the amendments in 1965.

 

 

Major amendments to the Immigration and Nationality Act included the following:

 

 

Eliminating the quota based on national origins as well as the race, ancestry, or national origin as a foundation for United States immigration.

 

 

Created a preference for individuals with special occupational training, skills, or abilities as well as for those who were relatives of American citizens or permanent residents.

 

 

Established two different categories of individuals (immediate relatives of American citizens and special immigrants) who were not subject to numerical restrictions.

 

 

Kept the quota restriction but expanded the limits globally by limiting immigration from the Eastern Hemisphere and for the first time setting a ceiling on immigration from the Western Hemisphere. Neither the 20,000 per-country rule nor the preference categories were applicable to the Western Hemisphere.

 

 

Created a prerequisite visa issuance where an alien worker could not replace a worker within the United States nor affect the working conditions or wages adversely of those similarly employed in the United States.

 

 

Congress passed this amendment with a 326 to 69 vote in the House and a vote of 76 to 18 in the Senate. The bill was signed into legislation by President Lyndon B. Johnson July 1, 1968.

 

 

How the Immigration and Nationality Act Affects Employment

 

 

The Immigration and Nationality Act makes it illegal for an employer to hire individuals who are not authorized to work in the United States knowingly. The act also requires employers to look over documents and to confirm the identities and work eligibility of potential employees.  Employers can hire individuals whose documents prove both identity as well as work authorization. Many different combinations of documents are acceptable as long as they all seem to be genuine documents. 

 

 

Another policy of the act states that employers must treat all employees and applicants equally, regardless of status. Employers cannot discriminate during the hiring, referring, recruiting, or firing process. They are also not allowed to retaliate against individuals or employees who have participated in an investigation against the employer for discrimination or against those who have filed a charge for discrimination. Immigration-related employment discrimination includes being discriminated based on citizenship status, national origin discrimination, nationality, birth origin, accent, language, or appearance. 

 

 

If an employer fails to verify the employment eligibility and identity of his or her employees, the employer is subject to punishment by fine. The United States Congress established the Office of Special Counsel to handle unfair employment practices based on immigration. Specifically, they enforce the policies of the act and also educate the public regarding employment discrimination related to immigration status. 

 

 

Since 1987, the Office of Special Counsel has received over 6,000 different charges of discrimination that involve either citizenship status or national origin. Since this time, the agency has also collected nearly $2 million in the form of back pay to compensate those victims of employment discrimination. They have also assessed over $1.3 million for violations of the antidiscrimination provisions of the act through civil penalties. The Office of Special Counsel serves all American citizens, permanent residents, asylees, and refugees. Many of the individuals being serviced are from Asia or Latin America, whether native-born American citizens or newcomers.

 

 

Selective Service Act

Selective Service Act

 

 

What is the Selective Service Act of 1917?

 

 

The Selective Service Act of 1917 set up the system that gives the federal government the power to maintain a database of all male citizens and immigrants between the age of 18 and 25 for possible conscription.  In the event of the reinstitution of a military draft, the Selective Service database will provide the information of men to be conscripted. 

 

 

Why do I register for the Selective Service?

 

 

Regardless of political views or personal philosophy, registration with the Selective Service is mandatory 30 days after a male citizen or immigrant turns 18.  Failure to register with the Selective Service will disqualify the individual from receiving federal aid, such as student loans and grants.  Additionally those that do not register with the selective service are not eligible for federal employment and immigrants will not be eligible for citizenship.  Prosecution of individuals that do not register stopped in the 80s owing to the difficulty of proving that the failure to register was willful.  One can only be punished for failing to register if the government can prove that the non-registration was willful and the individual was well aware of the legal obligation.

 

 

Who has to register for the Selective Service?

 

 

There are very few exceptions to the Selective Service registration requirements.  Conscious objectors must register and can only note their objection to military service in the event that they are called for a draft.  All male immigrants of the appropriate age must register, including refuges and illegal immigrants.  The Selective Service does not investigate immigration status, but failure to register can disqualify any type of immigrant from future US citizenship.  

 

 

Men with disabilities must also register as the system makes no differentiation.  If the draft were to be called, all potential recruits would be subject to examination, where they are likely to receive and exemption.  As long as the disabled man lives at home and can leave the house on his own accord, he must register.  Disabled men in institutions and hospitals need not register.

 

 

Men already in the military or in military academies do not need to register, although if they leave the service before they turn 26, they must register.  Non-immigrants, such as international students and tourists need not register for the Selective Service.

 

 

Males at least 17 years and 3 months can begin to register for the Selective Service with the information automatically added to the system once they turn 18.

 

 

How do I register for the Selective Service?

 

 

There are several ways to register for the Selective Service.

 

 

Generally, a man may go to the Post Office and fill out the form there, leaving the SS# space blank until he manages to obtain one.  The forms are available at all US Post Offices.

 

 

High School students may register at their school with a staff member that is a Selective Service Registrar, who trained and authorized to help students register in the system.

 

 

For college students, the easiest method is to fill out a Federal Student Financial Aid (FAFSA) application, usually required by most schools and “checking” Box 22 on the form to register.  Further instructions will be sent by the Department of Education.  For those filling out the form online, they will be directed to the Selective Service website with instructions.

 

 

 

Additionally, all males may register online at the Selective Service System website: 

 

(https://www.sss.gov/RegVer/wfRegistration.aspx)

 

 

 

How would the Selective Service be used in the event of a draft?

 

 

If a draft were to be called by the President and approved by Congress in a time of crisis, then conscription will be used to bolster the volunteer army.  Selected Service Offices and Boards on the local and district level will be activated for the purposes of administering the draft.  

 

 

A lottery will be organized and individuals will be drafted in order of age, with 20 year olds eligible for drafting first, picked by a lottery ball that corresponds to their date of birth.  The lottery then proceeds to 21, 22, 23, 24 and 25 year olds.  It will be rare to have a situation where 18 and 19 year olds are drafted, but their lottery order will proceed after the 25 year olds.  The lottery is a new provision to ensure fairness in drafting individuals and ending arbitrary terms in selecting individuals to be drafted.

 

 

After the conscripts are selected, the applicants must report for examination.  Should they pass the physical examination, the conscript will have ten days to file for an exemption, postponement or deferment.  All conscripts have the right to meet with the local board before being inducted to the military.  In the event that no exemption has been filed or that the claim has been denied, a local Selective Service Board will issue notices for the male to report for military induction at a processing station.  This entire process must take no more than 193 days to deliver recruits to the military.

 

 

How would one avoid military service if selected by the Selective Services?

 

 

There exists the process for men that pass medical evaluations to apply for certain classifications that would exempt them from military service.  These classifications include:

 

 

• 1-O Conscientious Objector- conscientiously opposed to both types (combatant and non-combatant) of military training and service – fulfills his service obligation as a civilian alternative service worker.

 

 

• 1-A-O Conscientious Objector – conscientiously opposed to training and military service requiring the use of arms – fulfills his service obligation in a noncombatant position within the military.

 

 

• 2-D Ministerial Students – deferred from military service.

 

 

• 3-A Hardship Deferment – deferred from military service because service would cause hardship upon his family.

 

 

• 4-C Alien or Dual National – sometimes exempt from military service.

 

 

• 4-D Ministers of Religion – exempted from military service.

 

 

Unlike previous wars, college students may no longer avoid military service by remaining in college until the age of 26.  The regulations defer the draft process until after the end of the current semester.

 

 

Conscientious Objectors must prove that the beliefs that bar him from military service play a central role in his life before the local board.  These beliefs are usually but not always religious and can be moral or ethical.  The reasons for objection cannot be political or motivated by self-interest.  The person’s lifestyle must reflect their beliefs.  An appeal can be filed with the Selective Service District Appeal board and the appeal may even proceed as high as the National Appeal Board if the district decision is not unanimous.

 

 

Some aliens, via treaty agreements with their home country can be exempted from American military service, although this option usually disqualifies that alien from US citizenship and reentry into the country.  

 

 

What is Alternative Service?

 

 

Men that successfully receive conscientious objector status are placed the in the Selective Service Alternative Program.  From there, they will need to perform service vital to national health or safety.  This includes conservation, elder care, education and healthcare and typically lasts for 24 months.

 

 

What is the JAMRS?

 

 

Data collected from Selective Service is provided to the Joint Advertising Marketing Research & Studies, which is a Pentagon database of 16-25 year olds that collects personal information for recruitment purposes.  Data is also cleaned from the DMV and the College Board.  With this data, which includes racial and ethnic information, the Federal government will target individuals for recruitment.  Individuals can opt out of the database by sending a form letter (found here at www.nyclu.org/milrec/jamrs) directly to the program office.  The legality of this database was upheld in the court decision Hanson v. Rumsfeld although the DoD made concessions to enable opting out of the database and to “stop collecting Social Security Numbers, keep student information for only three years, restrict the ages of students included in the database, and maintain better privacy standards for student information.”

 

 

 

Source:

 

 

https://www.nyclu.org/milrec/jamrs

 

 

www.sss.gov

 

 

 

First Worship Center Opens at Processing Center for Immigrants

First Worship Center Opens at Processing Center for Immigrants


On November 8, 2012, Immigration and Customs Enforcement (ICE) reported that the first-ever Detainee Intercultural Center was opened at the El Paso Processing Center.  The Center in Texas lets people in ICE custody reflect, worship, and meditate.  


Sandra Marinelarena, the interim assistant field officer director, states: “The El Paso Processing Center is the only ICE detention facility in the country with such a dedicated center.”


The opening at the El Paso Processing Center was attended by Father Joseph Molina of Most Holy Trinity Catholic Church in El Paso.  He blessed the new building, but ministers in all religious denominations are available to give guidance at the Detainee Intercultural Center.  


The El Paso Processing Center holds immigrant detainees who are currently waiting to be deported or waiting for their immigration case in the El Paso Immigration Court.  The new facility was converted out of an older building, and the center can now hold about 840 inmates.  The center is currently seeing an average attendance of 750 adult detainees every day.  


ICE Field Office Director Adrian Macias stated: “The new Detainee Intercultural Center, not only serves the spiritual needs of people in our custody, but it’s part of the ICE’s larger effort to reform the immigration detention system as a whole.  For the past three years, ICE has been making a concerted effort to move away from a punitive immigration detentions system to one that’s more suited to civil immigration.  The Detainee Intercultural Center in El Paso is another positive step in that direction.”


The opening of the new Detainee Intercultural Center comes after government authorities reported they will start transporting illegal immigrants from Mexico to the interior of Mexico before they are released to local authorities.  The new initiatives reduce the chances of the deported immigrant joining a criminal organization or being killed.   


Source: U.S. Immigration and Customs Enforcement

31 Criminal Aliens and Immigration Fugitives Arrested

31 Criminal Aliens and Immigration Fugitives Arrested


On November 6, 2012, Immigration and Customs Enforcement (ICE) announced that 31 criminal aliens, immigration fugitives, and people who violated their immigration were arrested in the Chicago area during a two-day operation.  The operation was led by ICE’s Enforcement and Removal Operations (ERO) teams throughout Chicago.  


ICE reports that 26 of the 31 people arrested were previously convicted of a crime.  The crimes included aggravated assault, domestic battery, aggravated drunken driving, numerous weapons offenses, burglary, and drug offenses.  13 of those arrested were ordered to leave the United States but never departed from the country, and six of the incarcerated individuals were removed from the United States and entered the country again illegally.  


22 of the people arrested were from Mexico.  Two were from Nigeria, one was form Germany, one was from Guatemala, one was form Honduras, one was from Poland, one was from Tajikistan, one was from Thailand, and one was from Venezuela.  The arrests were made in Chicago and the areas of Addison, Cicero, Bolingbrook, and Waukegan.  


ICE gave summaries of two of the defendants.  The one is 51-years-old and from Mexico.  He was previously convicted of aggravated assault against a police officer, domestic battery, and illegal entry into the United States.  The other defendant is 64-years-old and from Germany.  He was an immigration fugitive and had a prior conviction for theft and possession of a firearm silencer.


Ricardo Wong, the field office director for ERO Chicago, stated: “ERO officers will continue to work tirelessly to improve the public safety in the Chicago area by locating, apprehending and removing at-large criminal aliens and repeat immigration violators who have blatantly disregarded the immigration laws.  With targeted enforcement operations, we are focusing our resources on the most egregious offenders while improving public safety for law-abiding residents in our communities.”


Source: U.S. Immigration and Customs Enforcement