2010-08-23

全球:移民意向调查

  盖洛普民调机构(Gallup)对全球各地民众所做的调查发现,美国仍是大多数可能移民者向往的国家。新加坡、新西兰和沙特阿拉伯也非常吸引移民,由于它们的人口不多,如果申请移民到该国的每一个人皆能如愿,新加坡、新西兰和沙特阿拉伯的人口将暴增为目前人口的三倍。美国的净增人口则不会那么明显。

  盖洛普民调发现,如果每一个想要移民到其它国家的公民及申请移民前来的外国人皆能如愿,新加坡目前的480万人口将暴增219%。新西兰的400万人口将增加184%。沙特阿拉伯的2600万人口将增加176%。

  盖洛普自去年首次开始做此排名,瑞士也吸引大量移民,使它名列前茅。调查发现,瑞士的600万公民中约80万人表示愿永久离开,而愿意移民瑞士的外国人高达约1000万人,将使其人口增加一倍多。

  美国仍是大多数移民向往的国家,但由于美国人口已达3亿人,所以增加的比率不会那么惊人。在移民净增排行榜上,美国排名第14。如果每个想要离开美国的居民与想要移民美国的外国人皆能如愿,美国的人口将净增约60%。

  盖洛普此民调于2007年至2010年之间在全球148国访问将近35万名成年人,然后由研究员计算每个国家的移民分数,把想要迁入居住的移民人数减去想要离开本国公民的人数,取得人口增加净值来排名。


http://news.wenxue.com/messages/201008/news-gb2312-1149198.html

2010-08-11

加拿大:购买机票的网站

http://travelzoo.ca
http://flightcenter.ca
http://expedia.ca

http://www.traveltst.ca
http://www.sunwing.ca
http://www.itravel2000.com

2010-08-10

美国:共产党员请據實回答

據實回答 不可作假

 在中國大陸,加入共產黨是一件光榮的事。如果有人問「是否為黨員」,具黨員身分者一定會很自豪地回答。但移民美國後,如果申請歸化入籍,移民局官員問「是否為共產黨員?」回答起來恐怕就不那麼響亮了。

 公民入籍申請表第九項將共產黨與獨裁政黨及恐怖組織放在一起,所有申請入籍者都必須回答「你是否共產黨員或以任何形式與共產黨有關聯?」這一問題對其他地區華人恐怕不難回答,一個「不」字就解決了。但對來自中國大陸的華裔來說,卻成為一道難題。

 與恐怖組織及獨裁組織列為一類的共產黨,在中國大陸卻是執政黨。在大陸目前的體制下,要當官、在政府機關謀個好工作,都必須入黨。唯有入黨,才有好前途。由於共產黨的執政黨地位,在大陸入黨非常普遍。能到美國來留學、工作並留在美國的,多數也是大陸的菁英,其中有相當一部分在大陸入了黨。但到了美國,可以說絕大多數決定留下來安家的大陸人士,已經和共產黨脫離了關係。按共產黨的規定,不按時繳黨費、不參與組織活動半年以上,就被認為自動退黨。

 但是面對移民局的問題,許多曾在大陸入過黨的人感到很難回答。照實說曾是共產黨員,怕美方不給入籍。但如說不是黨員,萬一被移民局查出來,則是欺騙美國政府的行為,有可能永遠也入不了美國籍。十多年前來美國的數十萬大陸移民,現在多數都到了該入籍的時候,如何面對這道難題,頗費周折。

 據透露,有許多曾在大陸入過黨的人士為怕麻煩,乾脆填個「 NO」 完事;也有一些人如實填寫,能否入籍,由移民官去作決定。

 對此,移民局一位官員表示,申請入籍者對所有問題都要據實回答,不可作假。曾為共產黨員,如果現在已經脫離,並不會影響入籍。但如果向移民局隱瞞實情,一旦被查出,則是一個嚴重問題,移民局有可能永遠也不會批准此人入籍。

 其實,如果在大陸加入過共產黨,在入籍時對本人也是一個反思過程。如果堅持共產黨的信念、相信共產黨學說、主張暴力革命,美國一定不歡迎這種人入籍。因此,如果在申請入籍時,還堅持共產黨的理念,則要三思而後行。一是選擇繼續堅持自己的理念,不要入籍。二是真正自願放棄共產黨的理念,接受美國憲法並效忠美國。如果這樣,就一定要將自己曾入過黨的事,據實告訴移民局。

 移民局官員對承認曾入過共產黨的人並不歧視,但會多問幾個問題,如現在是否還堅持共產黨理念,是否願意為捍衛美國憲法而戰等。如答案正確,則另要填寫一份說明,陳述入黨經過及現在狀況,並簽上自己的名字備案。雖然麻煩一些,但因為說了實話,一來自己心裡感到踏實,二來也不用擔心因向政府說假話而永遠失去美國政府的信任。

 美國人將誠信問題看得非常重要,民眾可以做錯事,但不可以沒有誠信。但中國大陸對誠實的態度,與美國人有很大差距,以為造點假沒有什麼。特別是近年來留學的學歷造假、開公司的資料造假,只要能騙到身分,什麼文件都可以偽造。

 美國人對中國人的懷疑,在很大程度上是華人自己的行為不端造成的。在「是否共產黨員」這一問題上,據說移民局官員也知道有不少人沒有如實回答,並已提高警覺。因此,正確面對如實回答,才可避免永遠失去入籍機會的風險。


http://denglaw.com/denglaw/articles.asp?ArticleID=326

美国:移民法关于限制共产党员入境的法律

8 U.S.C. 212 (a)(3)(D)

Immigrant membership in totalitarian party.-

(i) In general.-Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.

(ii) Exception for involuntary membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whethe r necessary for such purposes.

(iii) Exception for past membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that-

(I) the membership or affiliation terminated at least-

(aa) 2 years before the date of such application, or

(bb) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and

(II) the alien is not a threat to the security of the United States.

(iv) Exception for close family members.-The Attorney General may, in the Attorney General’s discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.

Immigrant membership in totalitarian party.-

(i) In general.-Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.

(ii) Exception for involuntary membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whethe r necessary for such purposes.

(iii) Exception for past membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that-

(I) the membership or affiliation terminated at least-

(aa) 2 years before the date of such application, or

(bb) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and

(II) the alien is not a threat to the security of the United States.

(iv) Exception for close family members.-The Attorney General may, in the Attorney General’s discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.

美国50年代一个移民案例:

United States Department of Justice
Board of Immigration Appeals
IN THE MATTER OF S—– (HUSBAND AND WIFE)
In EXCLUSION Proceedings
A-7948072
A-7948073
Decided by Central Office May 3, 1951
*365 Subversive, proscribed organization-Member of an organization affiliated with the Communist Party of Russia-Act of 1918, as amended-Member of trade union of laborers in Russia, while working there as a mechanic.

While a trade union of laborers in Russia is found to be an organization affiliated with the Communist Party of Russia, a member of such trade union while working as a mechanic in Russia is not inadmissible under the act of 1918, as amended, because membership in such trade union was found to be involuntary.
Excluded by Board of Special Inquiry:
Act of 1918, as amended-Membership in an organization affiliated with the Communist Party of Russia (male appellant).
Act of 1917-Convicted of crime involving moral turpitude: Violation of section 259, German Criminal Code-Receiving stolen goods (female appellant).
Act of June 25, 1948, as amended-Not an eligible displaced person (female appellant).
BEFORE THE CENTRAL OFFICE

Discussion: This record relates to a 35-year-old male (principal applicant) and his 26-year-old wife, natives and citizens of Russia, who applied for admission into the United States at Schweinfurt, Germany, on December 2, 1950. On December 21, 1950, they were examined by a Board of Special Inquiry for determination of their admissibility under the Displaced Persons Act of 1948, as amended. They were excluded on the above-mentioned grounds. This matter is now before us on appeal.

The female alien was convicted at Nuremberg, Germany, on July 14, 1947, for violation of section 259, German Criminal Code on a charge of receiving stolen goods. Under this German law a person who receives stolen property without knowledge that it is stolen, but under circumstances which should lead him to make inquiry, is nevertheless guilty of the crime. Where property is acquired without knowledge that it is stolen or without intent to deprive the rightful *366 owner of his possession, the offense does not involve moral turpitude. (Matter of K—–, 2, I. & N. Dec. 90 (B. I. A. 1944)).

The female alien admits that she was convicted of receiving stolen goods but does not admit any facts which indicate that she acquired the property with wrongful intent. We therefore conclude that the evidence is not sufficient to sustain the charge that the crime for which she was convicted involves moral turpitude.

According to their testimony, the applicants lived in their native country until 1943, when the male alien was deported to Germany by German authority. The female applicant accompanied him. The male alien testified that the property of his family was confiscated in 1930, and his father and brother deported. The male applicant stated that he was never a Communist, or Communist Party member. The female alien stated that she was never a Communist and never belonged to any organizations. The male applicant was employed in Russia as a mechanic from 1930 to 1947. He testified that while so employed, he was required to be and was, a member of a trade union of laborers. Dues for this orgnization were deducted from the salaries of its members.

The male applicant admitted that this organization was dominated by the Communist Party of Russia. He asserted, however, that he did not attend union meetings other than those occurring on important holidays, when attendance was compulsory.

The male alien was found inadmissible to the United States under section 1 (2) (C) (v) of the act of October 16, 1918, as amended by section 22 of the Internal Security Act of 1950, on the ground that he was a member of an organization which is an affiliate of the Communist Party of Russia.

The male applicant admits that he belonged to a trade union of laborers in Russia. Because it was controlled by the Communist Party of Russia, we hold that this trade union falls within the purview of the act of October 16, 1918, as amended, as an organization affiliated with the Communist Party of Russia.

An amendment to the Internal Security Act of 1950, approved March 28, 1951 (Public Law 14, 82d Cong., H. R. 2339) authorized and directed the Attorney General to provide by regulations that the terms “members of” and “affiliated with,” where used in the act of October 16, 1918, as amended, shall include only membership which is or was voluntary. Part 174.1 (i) of title 8, Code of Federal Regulations was promulgated in conformity therewith.

The practice in totalitarian countries of forcing workers to join organizations such as trade unions is recognized by us. The record in this case contains uncontradicted testimony by the alien that his membership was not of his own volition, and that he did not, in whole *367 or in part, join or remain a member because of ideological conviction or belief in the doctrines of Communism. The record shows that he has never intentionally been active in the promotion of such doctrines by active membership, as evidenced by word or act. After appropriate security clearances, there is no evidence or reliable information refuting any part of the foregoing. Accordingly, we find that in the instant case the record establishes that the former membership of the male applicant in a trade union was not voluntary, and therefore is not a basis for exclusion.

The female applicant has been found inadmissible under the act of June 25, 1948, as amended, because of the inadmissibility of her husband. That ground for exclusion disappears in the face of our finding that the male applicant is admissible.

Order: It is ordered that the appeal be sustained and the applicants be found admissible to the United States upon securing valid replacement visas.

4 I. & N. Dec. 365, Interim Decision 257, 1951 WL 7017 (BIA)

杨非羊的评论:就事实而论,美国并没有认真查“共产党员”,但是法律在那里,如果你承认自己是“共产党员”,对不起,美国肯定不会轻易让你入境或变绿卡,或称公民。就事实而论,一是美国人不查,二是中国人隐瞒,得过且过。美国限制共产党员的法律来自于五十年代最后修订的“国内安全法”。这个法律在很多方面都被最高法院判为违宪。但是,限制共产党员入境的条款仍然存在。


http://www.mirrorbooks.com/wpmain/?p=40744#comments

2010-08-09

美国:U签证

  美国移民局对特定移民人群发放过特殊签证——U签证,这一特定人群中包括非法移民。U签证适用于如海外学生、访问学者、临时工作签证持有人、非法移民。获得批准U签证的人将让协助美国警方调查犯罪活动的非法移民能够合法待在美国。

  由美国移民局发放这种签证是根据“联邦贩卖和暴力受害者保护法案”而设立的U签证,专门提供给家庭暴力、性骚扰、贩卖人口及其它犯罪等受害者,作为协助执法机构逮捕和起诉罪犯的一种交换合作办法。大多数非法移民不敢报告或协助执法机构调查,主要原因是担心他们被驱逐美国。

  目前符合资格的U签证申请人获得的是一种“行政豁免”,豁免允许他们留在美国,并可申请工作许可。但这种许可以一年为期,过期可以续签,不过不可以转换为绿卡。据介绍,目前80%的U签证申请人都得到了豁免,但他们要逐年延期工作许可,每次要支付近200美元申请费,也无法自由出入境,使很多人不得不承受骨肉分离的痛苦。

  美国移民律师指控联邦政府没有具体实行U签证规定,在2008年全美只有52人被批准获得U签证,经过律师抗议后,美国移民局在2009年批准 U签证给6000名非法移民。2011年的1万个U签证名额将从今年10月份开始使用。一旦申请人获得移民局的批准,美国政府将会发放临时合法工作许可。不过这种签证也为美国执法人员带来新的挑战,他们需要提出证明来说服移民局他们需要申请人和检方合作调查犯罪活动。


http://news.wenxuecity.com/messages/201008/news-gb2312-1138905.html

2010-08-06

美国:申请UI的条件

在大多数州,申请UI的一个必要条件是拿UI期间能随时上岗。如果一旦被layoff其身份已失效,即使转成B2也不具有工作资格,申请UI的唯一出路是离开美国。

CT:Basic Eligibility Requirements

You can receive benefits if you meet a series of legal eligibility requirements:

You must be monetarily eligible.

You must be totally or partially unemployed.

You must have an approvable job separation; the law imposes a disqualification for certain types of separations.

You must meet certain weekly legal requirements; weekly requirements include being physically and mentally able to work, being available for and seeking work*, and filing your weekly claim for benefits on a timely basis.

If you are identified as likely to exhaust unemployment benefits and are enrolled in the worker profiling and reemployment services program, you must fully participate in all assessment interviews, orientation, and referred reemployment services.

*Generally, an individual must be available for and seeking full-time work. Under certain conditions, a person who has a disability may be able to limit his or her availability for work to part time only. A claimant can qualify for unemployment compensation by: (1) providing documentation from a licensed physician which establishes that (a) he or she has a physical or mental impairment that is chronic or expected to be long-term or permanent, and (b) the impairment leaves him or her unable to work full-time, and (2) demonstrating that the impairment does not effectively remove him or her from the labor force.

Page Link: http://www.ctdol.state.ct.us/progsupt/unemplt/uceligb.htm

2010-08-05

加拿大:没有PR卡可不可以离境?

This article has information for permanent residents who are returning to Canada from a trip abroad.

The only official documents that permanent residents of Canada can use to travel back to Canada on a commercial carrier (by air, land or sea) are the Permanent Resident (PR) Card or a Travel Document (Permanent Resident Abroad) issued by a Canadian visa office overseas.

If you are a permanent resident, when you travel outside of Canada, you must carry your PR Card to show to a transportation company and Canadian customs officials that you are entitled to re-enter Canada as a permanent resident. If you do not have a PR Card, you might need to apply for a Travel Document.

The Confirmation of Permanent Residence (IMM 5292) is not enough to get you back into Canada.

It is important that you check the expiry date of your PR Card before you travel. If you need to renew it, you should apply at least 2 months before you travel.

If you hold a passport from a visitor visa exempt country (that is, you do not need a visitor visa to enter Canada), most transportation companies will allow you to travel with just this passport. However, you must present proof of Canadian Permanent Residence at the Canadian port of entry, when you are reviewed by a Canadian immigration official.

This situation can change at any time.

You must contact YOUR transportation company to find out what its policy is.

Can I use my Record of Landing or my Confirmation of Permanent Residence to enter Canada in my own car?

Yes. According to the CIC website, you need a PR Card to re-enter Canada by commercial carrier (airplane, boat, train or bus) only. You do not need a PR Card to enter Canada in a private vehicle, such as your own car.

According to CIC and CBSA, you can use a Record of Landing (IMM 1000) or a Confirmation of Permanent Residence (IMM 5292) to show you are a permanent resident of Canada. If you are using a Record of Landing or a Confirmation of Permanent Residence, the officer may ask you to show your passport, too.

You can also use your PR Card. Both CIC and the CBSA recommend that you use your PR Card, if possible.

You should contact US immigration services about which documents you need to enter the US.

http://www.settlement.org/sys/faqs_detail.asp?faq_id=4000504
http://www.settlement.org/sys/faqs_detail.asp?faq_id=4000607