Margaret A. Donnelly, P.C.


Dallas Office: 214.630.9511
Ft. Worth Office: 817.984.6404
Houston Office: 281.407.2755

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Death of a Petitioner or Principal Beneficiary and What it Means for Surviving Relatives

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The world of immigration consists largely of visa petitions filed with the U.S. Citizenship and Immigration Services (USCIS).  These visa petitions require a qualified individual, known as petitioner, to petition for an eligible alien, known as the beneficiary.  There are two types of beneficiaries: a principal beneficiary, such as the wife of a qualified petitioner, …

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Foreign Graduates: An untapped resource for U.S. economic stimulation, Part 2

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In this second installment, the focus will be placed on foreign students who enter the United States (U.S.) in order to study and earn United States degrees. The Institute of International Education reports that in the 2009/2010 year, there was a 3% increase in enrollment of foreign students in U.S. universities. Right now, a larger proportion of these students return to their home country than remain in the United States. And, as such, the capital investment in education and work experience gained by these foreign graduates in the U.S. is lost to the student’s country of origin.

Foreign Graduates: An untapped resource for U.S. economic stimulation, Part 1

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It is a recurring theme in the United States that the economy needs an injection of investment in order to lift it out of the doldrums. In some circles, the blame for this economic situation is laid at the feet of immigration policy. On the contrary, immigration policy can be used by employers and economic …

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Bring back 245(i): A Matter of Family Unity

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Every reputable immigration lawyer in the United States should be up in arms that Congress has not brought back section 245(i) of the Immigration and Nationality Act.

Section 245(i) sunset on April 30, 2001, even though it has proven to be an important provision of U.S. Immigration law in preserving the unity of the family.

Section 245(i) allows eligible aliens on the verge of getting their green cards (lawful permanent residence) through a petition filed by a qualified family member (U.S. citizen or lawful permanent resident), to get their cards in the United States without traveling abroad to their home countries. Those who apply under section 245(i) are screened by the government for any criminal history, health impediments and any other grounds of inadmissibility. They also have to pay a fine of $1,000.00 for entering illegally to the United States in addition to other processing fees.

A Permament Resident is not a U.S. Citizen

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Many U.S. citizens who oppose immigration in all its forms don’t understand how the U.S. immigration system works. Most believe that undocumented immigrants automatically become U.S. citizens when they arrive in the United States or become legal immigrants. Therefore, for the purpose of shedding some light on the issue, let me begin by stating that there is a huge difference between an “undocumented” immigrant and a “legal” immigrant, and between a “legal” immigrant and a U.S. citizen.

All legal immigrants who eventually become U.S. citizens have to start at ground zero. This is the status of being an alien, a citizen of another country who is granted the right to live and work in the United States on a permanent basis. The new status is known as “Lawful Permanent Residence,” or LPR. LPR doesn’t change the citizenship of the alien. For instance, someone from France retains his French citizenship although he has a right to live and work in the U.S. indefinitely as long as he doesn’t abandon his residence in the U.S. Living in France for eight months out of the year is treated as an abandonment of his LPR status.

A LETTER TO SENATOR JOHN MCCAIN

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You demonstrated it by co-sponsoring the Immigration Reform law in 2006 with Senator Ted Kennedy.

As a Hispanic, I respect and honor your contributions to this country. My own father fought in the Pacific in World War II. He was a veteran who went through hell. He spoke to me about it often. So I believe I understand what you went through.

There are many Americans who don’t understand the deep connection that unites the people of the Americas, for instance, the deep bond between the people of Mexico and the United States.

My Hispanic heritage through my mother is not Mexican. But as a result of this heritage, I’ve learned that we have to fight to unify the Americas. We’re one continent. We depend on each other.

John McCain, I still have a profound respect for you. Please reconsider your position.

The Secret About NAFTA Professional Visas

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The North American Free Trade Agreement (NAFTA) offers Mexican and Canadian professionals the opportunity to work in the United States. The category is known as the “TN visa.” The TN visa, however, has been widely ignored by U.S. businesses because they became accustomed to the more cumbersome H-1B visa, another category for foreign professional workers.

What U.S. businesses don’t know is that the TN offers many advantages over the H-1B visa. For instance, the TN visa includes more professions than the H-1B, and there is no time limit whereas the H-1B can be used for up to six years. Another advantage is a fast track feature for Canadian professionals who can apply for the visa at a U.S. port of entry without going through a U.S. consulate.

U.S. Employment-based immigration Needs Overhaul

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The U.S. needs to compete with a rapidly evolving global economy and one way to do it is by absorbing needed foreign workers. Under current conditions, however, U.S. employers must depend on what is commonly known as an outdated and complex “Employment-Based Preference Three” (EB-3) in order to sponsor a skilled or professional alien worker. …

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Elimination of Birthright Citizenship will Hurt the U.S.

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The Citizenship Clause (also known as the Naturalization Clause) in the 14th Amendment of the U.S. Constitution was enacted in 1868 in order to reverse the Dred Scott v. Sandford decision that African Americans were not and could not become citizens or enjoy any of the privileges and immunities of U.S. citizenship. By enacting this amendment, Congress also sought to protect the principle from repeal by any simple majority in any future Congress.

Why the Dream Act is Good for Us

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The Dream Act is a central part of the comprehensive immigration reform legislation proposed by Luis Gutierrez (D-Illinois).  The Act would award legal status to undocumented immigrant children who fall under certain criteria.  Among these criteria, they must have entered the U.S. before the age of 16, have lived here for five years, graduated from …

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