India, Ken Raskin, Marco discussed on Just Between Us
Tough question today. Our guest ask immigration lawyer Marco. Magli thank you for coming. You're most welcome the floor we get into the real stuff. How working with my dad? Oh yeah it was fantastic. He was a great teacher. I remember he used to force us to sit around one that we can have lunch and prepare pair something that had come out recently and of course you know we were terrified now to talk about at lunch but everybody got free lunch out of it and I've tried to borrow. Oh things from him where I can because when I wrote to his firm they send me to him they say go to Ken Raskin's for six months 'cause he will actually teach you. Oh Aw. That's so lovely. I'm so honored to be his daughter. Oh my gosh well so we wanted to talk to you. We wanted to have an immigration lawyer on on for a while. So can you tell our audience a bit about what you do. Yeah so I am an immigration and you know the the coolest business immigration lawyers which means we basically work on the immigration world. If you're going to immigrate here they're kind of two columns of ways you get here. One is by family ties. And one is by your employment and I work on that employment stuff so I do work for a bunch of different corporations big ones one or small companies or startups or people themselves who have the ability to sponsor themselves. Because they're either you know they're a big deal or are there entrepeneurship starting something but everything that has to do with employment and and that can mean a bunch of things You know I did calls from companies all day long. I WanNa hire this person. I want to bring this person over or please help. I'm concerned that not not complying with those laws. You know when you get a job and you have to go in and When you start a new job you have to fill out that little form where you prove of what your identity is and lies to work and most of us just hand over our passports? If we're American citizens and well those little forms generate a whole a lot of fines so the government who loves to go out and check on companies to see if they're doing those forms right and because they know you need one or two people to do it basically you know. Bring a spreadsheet and tally up a bunch of fines because they find you put something in the wrong box or something like that and can You know collect a lot of money without a lot of work to do that. That's right it sounds like a really boring paper pushing kind of job. I'm filling out applications applications and writing about why this person or that person is qualified to get a visa for like extraordinary ability because they're specialized in a certain something that you know. It's very hard to find stuff like that sounds boring. It's actually at least to me. Pretty pretty fascinating and especially now. Because we're kind of on war-footing everything is being pushed back at. Because if the goal here is to from the government side is really to reduce numbers and and so it just means I have a lot. Fourteen hour. Days is what it means. Yeah Kim's so you were talking about the ways in which the government is trying to limit immigration now and and that's in the news a lot so can you talk a bit about that. Yeah like how has it changed since since trump has taken office. Okay so what they've done is interpret existing rules that are there. There's a heck of a lot more harshly and just make it kind of find ways to make it a lot a lot more expensive and to make these employers have to jump through a lot more hoops pay us for a lot. More time. Spent whatever things that would you know oh to to clearly kind of discourage You know just discourage System that's right it just becomes. He comes too expensive right so In some cases they've done that with no rules but mostly it's just by interpreting rules In a new way they've they started right off by saying you know within a few months of of of coming into office A memo was put out for this. This part of okay. It's all like instant sound like bureaucratic. Maze Hell this part of Department of Homeland Security called Citizenship Citizenship and immigration services. And they're the ones we go to apply for all these benefits the H. One B. Visas you've heard about all these other alphabet letters t. he and e. l.. You may not have heard about them. But they're there and they all have their own requirements and you have people who've been here for a while and they're extending for example but they sent out a mental that said it does not matter what any administration before us did. It does not matter so you might be looking at just an extension for another three years of somebody who's already been here for three years on one kind of visa and seven years of schooling before that you know and you know there's been here for more than a decade or whatever we think they were all softies so you have to look at this though you've never seen it before and apply much higher standards and you know push back wherever you want to push back so what it's meant is everything is send in first of all you get these wildly different results because it's really vague. The guidance from the government is vague. It's really honestly Outside the rules they make stuff up all the time. Yeah I mean I they I send in a petition I stay. Say they come back and how to explain it. It's it's turned the relationship in two very different one between us and the government. It's this contentious thing now so we send them something day right back and it's like they're trying to get away with something they say well you sent ABMC and and that didn't prove anything and then you have to come back at them and go. Well I think you missed A. D. F. G. H. I. N. J. which I also included Th that kind of stuff didn't really go on before and you have to point it out. It's sort of like they're they're bullying and you have to believe back. Have you seen more success. From people from certain countries versus other countries. That's interesting. It's it's indirect They sent out around the same time. Another memo. That said be particularly tough essentially on the computer programmer programmer and computer types of jobs. A lot of those jobs are held by people from you know India Pakistan. Yeah that's right that part out of the world and so the result is that a lot of people from that part of the world. Even if they've been here for years or getting denials having to go oh home sometimes home for a while before you get something together and refile of course. That's only in those instances where you know. The employer cares enough have to spend money on people like me not just once but to three what however many times it takes to get the person so it seems it out so so the result is yes. People from certain countries have more trouble. I mean an example of that is if you're on one of these temporary visas and you're also trying to ultimately immigrate it's important say that a lot of people come over and they do schooling and then they moved to a temporary visa visa might even be here for a while but a lot of people still. They don't want to stay here forever. They might actually spend some years here but they go back for the ones that are staying and they decide to stay if they are in the Green Card Q.. And we have a per country limit on how many people are GONNA EH emigrate each year or get a green card. Well what that means is you're on one of these temporary visas. You only get a certain number of years. But if you're we're going for a green card you might be subject to like a ten year backlog on the Green Card which is way more years than you're giving so then they have all these exception adoption upon exception that they've built so that you can kind of keep stretching out the temporary visa and the spouses of a lot of those folks they are allowed to get employment authorization. They're not allowed to get employment authorization he just temporary but if they're on track they're allowed to get employment authorization and this government since they came in has been trying to knock that out since they came in first of all. They know. It's going to discourage a lot of people from staying right because they're back down to one income so they don't want the people who are married to people on the Green Card list to be able to work exactly that's right. Vat Falls huge disproportionately again on women from that part of the world because because of the per country quotas quotas we have by far the ones that are most backed up or people that are born in India because the numbers are bigger right. So it's like the pig moving through the snake right like the more of those you have from one country the more pushes everybody down the line. Because you've got ten times as many people as you have in the quota so it ends of being the really disproportionately affected people are people from that. Part of the world and their spouses are unable to get work authorization. They he hasn't been stopped yet. They're trying to stop the rule but the way it's being discouraged now is you can for example. There's a rule. You can only renew your employment card up just six months before it expires. But they take eight or nine months to renew the card on my God. So it's all very like insidious because they can't get their way and actually changing the laws. That's it I mean it is also 'cause they're in a bit of chaos like this government is asking these officers to do way more stuff without really any the increase in resources so I think honestly is too that they simply just can't get all these things so what happens in that situation while people often lose their jobs right if there's a woman on such an employment card I mean. She gets to the point where hers expires and she says. I'm sorry I'm you know you're supposed to show up than to do that. Same little form I talked about. You know we have to show up and show that we've still got work authorization and they can't and you know. How long is the employer going going to allow that to happen? So it's just one of many little pieces that discourage people and then people have left and this is markedly different friend from prior administrations. Yesterday's we've always had problems with backlogs. There's always been problems with suddenly some kinds of applications taking a long time. I started in this right after nine. Eleven so there were big backlog then and then people from the Middle East and various places. They'd be applying for citizenship. Listen ship and instead of waiting eight months for an interview they were waiting three years You know things like that would happen so I've seen versions of it but this is really concerted across the whole board and everything is taking a really long time and obstacles are just being thrown up everywhere and it's racism you know is it. The thing is well. Okay so the the spouse were the couple is Norwegian..