Illegal Immigration – It’s Impact on the US Economy
January 22, 2012 | 
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Alien workers have played a very important part of the U.S. economy and throughout its history. The topic of illegal immigration often irritates a lot of emotion and has recently geared a lot of attention in the press. Immigrants are having more of an impact on the economy than ever before because of their large quantities in people. To many people, immigration issues revolve around economic arguments, such as the fact that immigrants will take work away from native workers at a much lower wage. With the foremost presence of illegal immigrant workers in the U.S., economists agree that there are many burdens and blessings that come with immigration, but they have all strained different conclusions in addressing the following questions with regards to illegal immigration:
1. How do illegal immigrants benefit the U.S. economy?
2. How do illegal immigrants damage the U.S. economy?
3. Can the U.S. address and solve these problems with illegal immigration?
4. Can illegal immigrants eventually become full citizens in the U.S.?
This review of the literature on illegal immigration and its impact on the U.S. economy focuses on these four questions.
How do Illegal Immigrants Benefit the U.S. Economy?
In a perspective article, Davila (2006) insists that immigration can indeed be good for businesses. The reason why it is good for businesses because immigration supplies labor at a relatively low
cost, though the real concern is how often that immigrants are paid substandard wages (Davila, 2006). Although immigration can be good for businesses, major businesses “are, of course, concerned with hiring illegals, especially given the senate proposals, which would place more emphasis on employers verifying that employees are legal immigrants” (Davila, 2006). However, many illegal immigrants bring hard work ethic to the U.S, which businesses are often taking into consideration to their open positions. Davila believes that immigration should be perceived as a way to improve our economy and use all possible resources at our will. This improvement of our economy brings the hard work ethic of illegal immigrants that should be highly rewarded (Davila, 2006). In retrospect, the conclusion of Davila is that it is important to continue to encourage those who want to come to the U.S. to do so legally and continue to contribute to our economy.
Although it may to true that many illegal immigrants are motivated to bring its hard work ethic to the U.S., it is however, uncertain that their authentic motivation is to tap into freely available resources. Enciro Marcelli believes that it is generally recognized that most illegal immigrants are more motivated to enter the U.S. to “build a better life for themselves and their families by securing a higher paying job” (Marcelli, 2005). There exist many common claims by the U.S. legislation on illegal immigration. Those includes: immigrations migrate to the U.S. to use its welfare program and public services and unauthorized immigrants take jobs away and depress the wages of, lower-skilled, minority workers.
In a study undertaken in the late 1980′s by a team of University of Texas researchers using 1980 U.S. Census data, they reported that although “legal immigrants had a small negative effect on the wages of U.S.-born white workers in the U.S. Southwest, undocumented Mexican immigrants actually had a small positive effect” (Marcelli, 2005). During the same time of the research done by the University of Texas scholars, another group of researchers from the University of Toledo in the early 1990s used the same data. However, they investigated the impact of undocumented immigrants on the unemployment of U.S.-born minority workers rather than the impact of undocumented immigrants on the employment of U.S.-born minority workers. They found an incredible inverse relationship. This is because illegal immigrants as they concluded enjoy clustering in states where unemployment rates were lower. The researchers interpreted this finding as “suggestive of labor market complimentarily rather than substitution” (Marcelli, 2005). In rebuke, the conclusion of Marcelli suggests that illegal immigrants fill undesirable jobs only after more collectively groups of workers drift into higher paying occupations (Marcelli, 2005). This means there is no loss in jobs as immigrants do not take jobs away from currently employed citizens.
In contrary to Marcelli with the issue related to the extent to which illegal workers utilize more public services than their tax contributions, Moretti and Perloff (2000) “found that the participation in welfare programs by illegal immigrant worker families was 8% in contrast to 27%, 30%, and 42% for citizen, amnesty, and green card worker families, respectively” (Moretti & Perloff, 2000). Although this research is sustainable to the validity of welfare programs, it did not take into consideration the tax contributions with service usage. Their analysis was not based on tax contributions because “since most pertinent tax payments are via payroll deductions or sales tax collections, the general belief is that tax contributions vary little by legal status” (Moretti & Perloff, 2000). There analysis therefore, included all public services as well as public education. With the conclusion of this analysis, it shows that illegal immigrants are actually contributing to public services as well as social security because not only are they employees but they are also consumers who gives back to the community as well.
How do illegal immigrants detriment the U.S. economy?
While there are some that supports immigration, there are also many firm believers that immigration poses problems to the U.S. economy. Zedillo believes that illegal immigration poses problems for the U.S. every year “the size of the population living illegally in this country grows by as much as half a million people” (Zedillo, 2007). He argues that company employers who hire these illegal workers are also violating immigration laws because employers who hire illegal workers also violate immigration laws when misled by false documents (Zedillo, 2007). The reason why illegal workers are often employed is because it makes it easier for the employer and employee to escape paying taxes. Without paying taxes, Zedillo argues, illegal immigrants can become “a drain on social services and a public charge upon those states receiving the bulk of the inflow” (Zedillo, 2007). With the free ride of not having to pay taxes, illegal immigrants are more prone to abuse and exploitation without the aid of the government programs. Zedillo concludes that while working in these harsh conditions, many illegal immigrants find it hard to economically and culturally live in the U.S. due to having the risk of become an underclass and face a social conflict with U.S. citizens (Zedillo, 2007). By having social conflicts with others, illegal immigrants will hurt government services by not actively participates in contributing taxes however they will benefit the overall economy in which “immigration is essential to the dynamism of the American economy and for sustaining its pace in job creation” (Zedillo, 2007).
Lewis, on the other hand, believes that not everyone benefits from immigration; there are both winners and losers (Lewis, 2007). Immigration’s benefits derive from reducing wages in the less-skilled jobs that immigrants take. Lewis concludes that average Americans will not be harmed by this; relatively few Americans work in low skilled jobs may be affected by this in which immigration may reduce the earnings of some low-skilled Americans (Lewis, 2007).
Can the U.S. address and solve these problems with illegal immigration?
To address the problems of illegal immigrants entering the U.S., there are two realistic options: do nothing, or establish a legal mechanism for migration. The U.S. government orders strict border patrol and various immigration enforcement actions every year. However economists believe that no matter what the total amount spent on immigration, without inclusive reforms, these problems will only grow worse. As Emerson reported in his article, “closing the border, and no significant guest worker program could result in increased wage rates under the assumption of immobile capital and no changes in production” (Emerson, 2007). However, there is considerable doubt raised in the effectiveness of efforts to reduce the flow of illegal workers across the border (Hanson, Robertson, & Spilimbergo, 2002). When illegal immigrants are willing to do anything and everything to get an opportunity to enter the U.S., it is questionable that the use of fencing and other approaches will achieve an end to this because the economic pressures of illegal immigrants to enter the U.S. from neighboring countries are just too great.
On the other hand, doing nothing is always an option, but the approach goes against U.S. policy of having laws. Organizing legal mechanisms for migration solves this process by removing workers with unknown identification and employers from a mere guessing game about the status of their employees. In any case, research has shown that workers switching from an illegal status to a legal status will command a higher wage, but this cannot be argued because employers are already risking a lot of money in taking the risk of hiring employees with an illegal work status. Illegal immigration is persistent because it has a strong economic rationale. This is because low-skilled workers are increasingly scarce in the U.S. while they are still very abundant in Mexico and Central America. Impeding illegal immigration without creating other opportunities for legal entry would conflict with market forces that push labor from low-wage countries to the high-wage U.S. labor market.
Can illegal immigrants eventually become full citizens in the U.S.?
With the trouble and cost of money trying to secure the border between Mexico and the United States, the case for amnesty has emerged onto the minds of many as an alternative way to solve the problem of immigrants securing their place inside the U.S. But what are some alternatives to letting illegal immigrants stay? Deporting millions? Creating punishments? In an article reported by Thornburgh, he believes that whether fining illegal aliens or putting them into schools, at the end of the day, illegal immigrants would be allowed to stay and become full citizens under the Senate compromise bill of Amnesty obstructed by Senator John McCain (Thornburgh). McCain proposes that this bill will be an amnesty but by “impose fines, fees and other requirements as punishment” (Thornburgh). This bill will be good for America because the estimated twelve million illegal immigrants prove to be non-deportable. In the history of the previous amnesty of 1986, offered a path to citizenship for three million illegal immigrants.
This amnesty ignited the larger wave of illegal immigration that followed soon afterwards. The ’86 amnesty showed soon-to-be immigrants from around the world that the U.S. was weak-willed and would eventually give citizenship to illegal immigrants. Soon after, Mexicans and other illegal immigrants hurricanes through the U.S. borders with no limitations. Studies show that this peak in migration depended less on changes in its policy and more on economic conditions between the U.S. and Mexico. Thornburgh suggests that to solve down illegal immigration, “you could induce a recession in the U.S.” (Thornburgh). He also proposes that a better idea is to help Mexico to create more jobs that pay a better rate (Thornburgh).
A recent Council on Foreign Relations study found that when Mexican wages drop ten percent in comparison to U.S. wages, there is a six percent increase in the attempts of illegal immigrants to cross the border illegally (Thornburgh). This is an astonishing result in which shows how complex or corrupt the Mexican economy may be. While Mexico stabilizes itself, there is both political and technological influences to make enforcement a serious part of a new amnesty plan. By enforcing National ID cards, employer verification, high-tech border controls, these all could aid in making sure that this would be the last amnesty of its generation.
An angry outburst in immigration to the U.S. has raised many concerns over what our immigration policy should be. While the pro-immigrant supporters say “immigrants do jobs natives won’t do” is overly stated, it is true that there are fewer Americans who work in the same field as low-skilled immigrants such as in agriculture. As a consequence to this fact, most Americans benefit from immigration because it reduces the wages of some low-earning American workers who compete with immigrants for jobs. This is not a problem because U.S. labor markets are flexible to absorb immigrants without depressing low-skilled Americans’ earnings. One reason for this is that employers are able to adapt their production methods to the available work force, which goes well with their ability to adapt to changes in immigration policy. As congress again grapples with immigration acts and amnesty, one would hope that it will pay off failures of the past by creating a foundation that allows active participation of legal workers in the U.S. economy. Otherwise, the U.S. is likely to find itself with even larger illegal populations in the very near future.
References
(2006). Immigration: Issues and Perspectives for Businesses. 22, Retrieved July 3, 2007, from http://ezproxy.library.wisc.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=bsh&AN=22232110&site=ehost-live
Emerson, R. Agricultural Labor Markets and Immigration. 22, Retrieved July 4, 2007, from http://ezproxy.library.wisc.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=afh&AN=25022853&site=ehost-live
Ernesto, Z. Migranomics Instead of Walls. 179, Retrieved July 3, 2007, from http://web.ebscohost.com.ezproxy.library.wisc.edu/ehost/detail?vid=1&hid=15&sid=809c541e-3f41-45db-a22b-7f09b9f98c4f%40SRCSM1
G, Dula (2006).
How to partly bounce back the struggle against illegal immigration to the source countries. Population Economics, 19, Retrieved July 4, 2007, from http://www.springerlink.com.ezproxy.library.wisc.edu/content/2l1152375246hp71/
Hanson, G (April 10, 2007).
Free Markets Need Free People. Retrieved June 20, 2007, from http://proquest.umi.com.ezproxy.library.wisc.edu/pqdweb?index=0&did=1252087971&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1183959887&clientId=3751
Lewis, E.
The Impact of Immigration on American Workers and Businesses. 22, Retrieved July 01, 2007, from http://web.ebscohost.com.ezproxy.library.wisc.edu/ehost/detail?vid=1&hid=2&sid=19c8a2aa-2925-4115-b08b-841b9c207441%40SRCSM1
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How to Divorce a Narcissist
Being married to a narcissist is by far the most emotionally draining experience you can possibly endure in your life. Dealing with the emotional abuse brought on by such a person can make you feel like you’re the one with the problem. You probably feel controlled and manipulated around the clock, and it’s impossible for you the separate the lies from the truth because they convince themselves of a reality that does not exist. Have you ever had a conversation with your narcissistic husband and at the end of the conversation, felt like there must be something wrong with you because he is so convinced he is right? You could say the grass is green but your narcissistic husband said the grass was blue, and he is so convinced it is, you feel like maybe he is right and you are wrong. You then tell yourself he must be joking because it’s so far from the reality it’s got to be a joke, only to realize he really meant what he said.
I was frightened with the thought of how to divorce a narcissist husband but it was even scarier to think of staying with this person. How can you be with someone so disconnected with reality emotionally and mentally, someone who does not care about how you feel or how others around you feel, someone so self centered he considers himself to be superior to others and someone so arrogant he makes you and everyone around you feel like scum. You probably feel embarrassed every time he speaks to your friends and family, and not because of what he was saying, but because of how he was saying it.
You Must Have A Plan
Let me warn you right now. If you want to know how to divorce a narcissist, especially one with money, you better be prepared and have a game plan. Never let your husband know that you want to get divorced or that you’re thinking about it. A true narcissist believes he is above the law and feels like the rules do not apply to him. He will kick you out of the house and blame it on you, drain the bank accounts, cancel the credit cards, refuse to see the kids and tell the court your alienating his child, attempt to have you arrested and make up every single lie he can about you.
Here is a little secret
Your Narcissistic husband will blame every one of his own flaws on you. If he is an alcoholic, eats fast food for every meal, doesn’t stay healthy, sleeps in all day, parties all night, pawns the kids off at his moms and whatever else you know he does wrong, he is going to say you do all those things yourself. It makes it impossible to defend yourself and rather than being on offense during the divorce you’re on defense the whole time trying to prove all his lies wrong. The real kicker is because your husband is a narcissist, he will actually believe his lies are true, which causes him to fight tooth and nail for child custody to protect the children from your behavior, and he will do whatever it takes to ensure the divorce comes out in his favor.
A narcissist hates to lose and will never admit defeat, and because they are so competitive and self righteous they will drain their bank accounts in lawyer’s fees and questionable ethics to get the outcome they want. Protect yourself and follow my suggestions on how to divorce a narcissist without losing your kids, your money, and most of all your sanity. You’re in for a wild ride, but trust me, it’s better than sticking around, because only you will get hurt in the long run if you stay.
The Dream Act – Immigration Law Reform in 2010?
One of the many changes President Obama has promised America is immigration law reform. Many ideas have been discussed. One of them is the DREAM Act, sponsored by Senator Lugar from Indiana and Senator Durbin from Illinois, among others. The basic idea is to allow certain illegal immigrants who were brought here by their parents at a young age and who have been educated in American schools to become permanent residents.
Under the DREAM Act, certain undocumented individuals could become legal residents. The first step in this process is for the individual to enroll in some type of higher education, such as a university, vocational school, or apprenticeship program. Another option is to enroll in the U.S. military. If certain requirements are met, this person may apply for conditional residency in the U.S. Upon receipt of an associates degree or a 2-year equivalent within six years of the initial petition, the conditional status can be changed and the individual can become a legal permanent resident of the United States.
To be eligible for permanent residency under the DREAM Act, the individual must have entered the United States before turning 16 years of age and must have been in the United States for at least five years without interruption. The individual must also demonstrate the ability to speak English.
Conditional residents under the DREAM Act will be eligible for private loans to fund their education, but will not be eligible for Pell grants. Under the DREAM Act, 65,000 students could become conditional residents each year, and eventually become permanent residents and citizens if they comply with current immigration rules and regulations.
One of the ideas behind the DREAM Act is to better utilize the taxpayer dollars that are being used to educate illegal immigrant youth in public schools across the country. If these youth are willing to continue their education through additional schooling or through the military, they would be allowed to become a legal part of our society without the fear of losing their families through deportation. In addition, the DREAM Act initially only benefits those who most likely were taken across the border by their parents through no decision of their own. Many of these individuals have spent more years illegally in the United States than in their home countries.
The DREAM Act could be merged with other legislation as part of comprehensive immigration law reform in 2010. If other ideas do not receive the necessary support from members of Congress, the DREAM Act could be enacted without additional reform measures. Either way, even the proposal of such legislation gives hope to many people now living in the United States who currently have no way of becoming a legal resident.
What is Spiritual Sex and Sexuality?
Spiritual sexuality is connecting to someone on a level beyond the physical. Throughout our lives we are conditioned to understand sex only as physical. It is the physical part that translates into pleasure. We see this in movies and written literature. We are conditioned to believe that sex is either for pleasure or for creating life.
What if I were to tell you there was another kind of level of sexual connection? What if I told you that when you connect at a spiritual level, you transcend into a new a level of being? This is a level of contentment within yourself and with the world around you. What if I told you that if you could learn to find contentment at this level, you would attract an abundance of positive energy and love?
If anything, this may sound very interesting to you on many levels. Does it not? So how do you get to this level? It takes some time and giving of yourself. When you think about sex, there is really not much to it. I mean there is the physical act and then nothing more. But when you look at sex from a spiritual level it takes on a whole different meaning.
Sex at a spiritual level starts with the touch. There is so much that can go into a touch. From a spiritual standpoint your touch must not only be gentle and loving, but it also should be the point of an energy exchange. Through this point you are releasing and receiving from your partner. She or he must also be sending and receiving this positive energy flow. The act of sex turns into a connection of positive energy flows.
These energy flows heighten the experience. It is not all about the sexual urge to reach an orgasm but an urge to feel your partner in a way that can only translate into a mutual energy exchange. As you and your partner proceed your energy levels increase. You bodies become one.
The positive energy that is exchanged can release an emotional flow that is hard to control. Yet it is best to just go with the feeling and not control what is happening. As you send and receive energy, your emotions will rise and fall as if you are traveling on a roller coaster.
This feeling is normal at first. As you practice more you will be able to understand these feelings. The bad emotions that come forth will gradually heal and those good emotions will be heightened.
If you have come from a very bad relationship and have fears of intimacy, this is a wonderful way to heal your inner self and move on in life. Yet I caution you to find a person that you can connect with in a positive spiritual way. As there are good energies and positive energies in life, there are also bad ones.
Receiving bad energy from someone can not only suck the life from you physically but also destroy you spiritually. Practice opening yourself up to the world. Your inner feelings will always warn you of bad energy entering your life. Push that bad energy away. Give it back to the Universe. Allow yourself to accept only good energy into your life. When you master this, good people will be drawn to you.
Just like with anything in life this kind of spirituality take practice. Finding a good mate or partner takes time. Give yourself the time to enjoy life, give out positive energy so that you can receive the same.
Verbal Abuse – A Sample Letter From My Own Life
Many people do not even know that they are being abused verbally or emotionally. I was one of those people. I thought that everyone was being treated like I was. I thought that everyone was walking on eggshells afraid of how their spouses were going to react.
Abusers come in all shapes and sizes. They can be a male or a female. They can be a parent or a spouse. I am using my personal example of my ex-husband of twenty one years of marriage.
There were good days when we could sit and laugh and talk about things that were important to both of us. When those days would come, I would relax and enjoy myself but I was always guarded. When was the next blow-up? How would I react? What would he say? Where would the children be? How long could I hold my tears in so my children wouldn’t notice that I was crying again?
No-one knows what triggers an abuser to become hostile. It may be a memory of a past incident that they had experienced. It may be a chemical imbalance. Most of the time, an abuser will scream and shout and become demeaning because they have sense defeat and the loss of control.
When they are happy, they will plan to have a picnic at the beach or go for a swim with the children. They are always looking for approval because if you don’t comply, there is always a price to pay.
Here is an actual letter that I received only one day after my abuser apologized for the pain that he caused me. In that same conversation, he cried and begged me to come back to him. He said that when he lost me, he lost everything, and if he cannot have me back, he will settle for anything because he hates being alone.
“You crossed the line yesterday…you embarrassed me in front of J…she think that you have me wrapped around your finger…. and this how you treat me….like I am some sort of door mat. One of the biggest reason for fight with S is my relationship with you….and it looks like it will has started of the same way with J….I will not allow this happen this time…and I will not allow you to take that away. Everything is always your fault. I will go to J at least she has respect for me…or at least she did before you walked into that room yesterday….flexing your muscles.
So you are now promoted to the bottom of the food chain…There are you happy now…this is what you are after…see what happens when you stand up… I still have to take your bull shit. I can do anything. You are nothing to me. I am pushing back. You are a chicken. You can’t even fight me. Wait and see now what is going to happen to you”
If this letter rings a bell or touches a chord, you may be in an abusive relationship. The first step to healing is recognizing and identifying the situation for what it is. If you feel your relationship may be verbally and emotionally abusive, talk to people you trust. Talk to clergy, call your local battered women’s shelter, educate yourself, seek professional help. Do not allow verbal and emotional abuse to escalate to battery!
FBAR – Form TDF 90-22.1 – Report Of Foreign Bank & Financial Accounts
On April 2, 2009, the IRS announced they will reduce the penalty for not filing a Report of Foreign Bank and Financial Account, known as a FBAR Form.
The current penalty is up to fifty percent (50%) of the highest annual balance of each account for each of the last 3 years. The 50% penalty is imposed annually. After 2 years of the 50% penalty, the account can be “wiped out” and the investor may still owe taxes (and interest).
The IRS announced they will not generally prosecute Taxpayers who come forward voluntarily, provided they are not drug dealers, arms merchants or others with “ill-gotten gains”.
The IRS will not asses a 35% penalty (due under Form 3520) on money secretly transferred to foreign trusts (i.e., tax evasion).
The IRS will reduce the penalty to 5 to 20%, depending in part on whether the wealth was inherited. The IRS will levy the penalty just once, on the highest balance in the accounts over the last 6 years.
Under the IRS plan, Taxpayers will be required to pay any taxes and interest owed over the last 6 years. The IRS will assess either the standard, accuracy-related penalty of 20%, or a 25% penalty for filing tax returns later.
Taxpayers in the program must also file amended tax returns for up to the last 6 years.
U.S. Taxpayers:
1. Have 6 months to accept the IRS plan (i.e., by 10/2/09)
2. Under criminal investigation for tax evasion are not eligible
3. Are not required to provide information about the bankers, lawyers and accounts who assisted them
The IRS plan was developed amid widening investigation into American clients of UBS but will apply to clients of other banks. According to Douglas Shulman, the IRS Commissioner, the goal “is to get Taxpayers who have been hiding assets offshore back into the system.”
The following is a summary of tax returns due for Foreign Bank Accounts:
I. Returns Relating to Foreign Bank Accounts
A. In General
1. Each U.S. person having a financial interest in, or signature or other authority over, any foreign financial accounts with an aggregate value exceeding $10,000 at any time during the calendar year must report such relationship by filing Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (“FBAR”),
2. In addition, they have to disclose the foreign account filing requirement on Schedule B of Form 1040 and including the income from these accounts on the United States person’s U.S. federal income tax return.
B. Who Must File
Form TD F 90.22-1 is required to be filed by every U.S. person for each calendar year in which such person has a financial interest in, or signature or other authority over, any foreign financial accounts with an aggregate value exceeding $10,000 at any time during the calendar year. The test is based in the alternative – financial interest in or signature authority over the account.
1. Definitions
For purposes of FBAR, the term “United States person” means (1) a citizen or a resident of the United States, (2) a domestic partnership, (3) a domestic corporation, or (4) a domestic estate or trust.
The term “financial account” generally includes any bank, securities, securities derivatives or other financial instrument accounts, (including any accounts in which the assets are held in a commingled fund, and the account owner holds an equity interest in the fund), savings, demand, checking, deposit, time deposit, or any other account maintained with a financial institution (or other person engaged in the business of a financial institution).
Any of the financial accounts described above is considered to be a foreign financial account for purposes of FBAR, if it is located outside the United States, Guam, Puerto Rico, and the Virgin Islands. The situs of a financial account is determined by the location where the branch is, not the location of the institution’s home office.
2. Ownership of Accounts
Under the instructions to Form TD F 90-22.1, a U.S. person has a financial interest in a bank, securities, or other financial account in a foreign country under either of the following circumstances:
1. A U.S. person is the owner of record or has legal title, whether the account is maintained for his or her own benefit or for the benefit of others including non-U.S. persons. If an account is maintained in the name of two persons jointly, or if several persons own a partial interest in an account, each of those U.S. persons has a financial interest in that account.
2. A U.S. person has a financial interest in each bank, securities, or other financial account in a foreign country for which the owner of record or holder of legal title is:
a. A person acting as an agent, nominee, attorney, or in some other capacity on behalf of the U.S. person;
b. A corporation in which the U.S. person owns directly or indirectly more than 50 percent of the total value of shares of stock;
c. A partnership in which the U.S. person owns an interest in more than 50 percent of the profits (distributive share of income); or
d. A trust in which the U.S. person either has a present beneficial interest in more than 50 percent of the assets or from which such person receives more than 50 percent of the current income.
3. Signature Authority
For purposes of Form TD F 90.22-1, a U.S. person is considered to have signature authority over a foreign financial account if such person can control the disposition of money or other property in the account by delivering his or her signature (or his or her signature and that of one or more other persons) to the bank or other person maintaining the account.
In addition, a U.S. person has “other authority” subject to FBAR reporting if such person can exercise comparable power over an account by direct communication to the bank or other person maintaining the account, either orally or by some other means.
4. Exceptions
Notwithstanding the general rules, Form TD F 90.22-1 is not required to be filed under the following circumstances:
1. An officer or employee of a bank which is subject to the supervision of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Office of Thrift Supervision, or the Federal Deposit Insurance Corporation need not report that he has signature or other authority over a foreign bank, securities or other financial account maintained by the bank, if the officer of employee has NO personal financial interest in the account.
2. An officer or employee of a domestic corporation whose equity securities are listed upon national securities exchanges or which has assets exceeding $10 million and 500 or more shareholders of record need not file such a report concerning the other signature authority over a foreign financial account of the corporation, if he has NO personal financial interest in the account and he has been advised in writing by the chief financial officer of the corporation that the corporation has filed a current report, which includes that account.
3. As noted above, a U.S. person is not required to report any account maintained with a branch, agency, of other office of a foreign bank or other institution that is located in the United States, Guam, Puerto Rico, and the Virgin Islands.
C. Mechanics of Filing
Reporting on Form TD F 90-22.1 is required for each calendar year that a U.S. person maintains such interest or authority over foreign financial accounts. Persons having a financial interest in 25 or more foreign financial accounts are required only to note that fact on the form (i.e., a general statement indicating that information on all such accounts will be available upon request). (31 CFR § 103.24. Such persons will be required to provide detailed information concerning each account when so requested by the Secretary or his delegate.)
The Form TD F 90-22.1 is filed with the U.S. Department of the Treasury, P.O. Box 32621, Detroit, MI 48232-0621, or it may be hand carried to any local office of the Internal Revenue Service for forwarding to the Department of the Treasury in Detroit, MI. The Form TD F 90¬-22.1 must be filed on or before June 30 each calendar year. An extension for filing one’s U.S. income tax return does not extend the deadline for making a TD F 90-22.1 filing.
D. Additional Issues
Each U.S. person subject to this reporting requirement must also maintain records showing, (1) the name in which each such account is maintained, (2) the number or other designation of such account, (3) the name and address of the foreign bank or other person with whom such account is maintained, and (4) the type of such account, and the maximum value of each such account during the reporting period (31 CFR §103.32). These records must be retained for a period of 5 years and must be kept at all times available for inspection as authorized by law.
E. U.S. Trustee Foreign Non-Grantor Trust
Report of Foreign Bank and Financial Accounts – Form TD F 90-22.1
A U.S. trustee of a foreign nongrantor trust must file Form TD F 90-22.1 if the Trustee has a financial interest in or signature authority or other authority over any financial accounts, including bank, securities, or other types of financial accounts in a foreign country if the value of such accounts exceeds $10,000. A person has a financial interest in any such account if she has legal title to it.
Trustees generally have legal title to accounts in which trust funds are invested. In addition, if legal title to an account is held by a corporation or partnership and the trustee owns more than 50% of the corporation or partnership, the trustee will be treated as having a financial interest in such account.
A person has signature authority over an account if she can control the disposition of account property by the delivery of a document signed by her and one or more other persons. A person has other authority over an account if she can control such disposition by direct communication to the person with whom the account is maintained.
Form TD F 90-22.1 must be filed by June 30th of the year following the year in which the U.S. person had such financial interest or signature or other authority.
F. Form TD F 90.22-1
A willful violation of the Form TD F 90.22-1 requirements (i.e., failure to file Form TD F 90.22-¬1, failure to supply information on the report, or filing a false or fraudulent report) could result in the imposition of civil and/or criminal penalties. (The instructions for Form TD F 90.22-1 specifically provide that criminal penalties for failing to comply with FBAR are provided in 31 U.S.C. § 5322(a) and (b), and 18 U.S.C. § 1001. In addition, civil penalties for failure to comply are generally provided in 31 U.S.C. § 5321.)
Civil Penalties
If any U.S. person willfully violates the Form TD F 90.22-1 filing requirement, such person may be liable to the U.S. government for a civil penalty of not more than $25,000 (31 U.S.C. § 5321. Section 5321 generally provides that if a U.S. person willfully violates a regulation, such person may be liable for a civil penalty of not more than the greater of the amount (not to exceed $ 100,000) involved in the transaction (if any) or $25,000.
With respect to reporting on Form TD F 90.22-1, a U.S. person is not reporting a transaction but, rather, reporting his interest or signature authority over a foreign financial account. Thus, the maximum amount of potential civil penalty is $25,000.):
Criminal Penalties1. If a U.S. person willfully violates the reporting requirement, such person may be subject to a fine of not more than $250,000, or imprisoned for not more than 5 years, or both (31 U.S.C. § 5322(a)); and
2. If a U.S. person willfully violates the reporting requirement while violating another law of the United States, or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period, such U.S. person may be subject to a monetary fine of not more than $500,000, or imprisoned for not more than 10 years, or both (31 U.S.C. § 5322(b)).
If a U.S. person, with respect to Form TD F 90.22-1, (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact, (2) makes any materially false, fictitious, or fraudulent statement or representation, or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, such person may be fined, or imprisoned for not more than 5 years, or both (18 U.S.C. § 1001).
Free Immigration Lawyer – Free Advice on the Net
You can get a free immigration lawyer on the net who gives you free advice on immigration matters. You can also fill up the free application form given on the website, for a free assessment of your candidature, for migration in a specific category. You do not have to pay a single penny for this service. It is also very important that you choose your online immigration lawyer after taking an interview of as many lawyers as you possibly can. You should not file your application unless you find the perfect attorney to handle your case.
Selection Of A Lawyer Depends On You
It is not necessary for you to appoint only a free immigration lawyer giving you free advice if you do not find his services up to the mark. Your best migration lawyer has to be a person who has all the answers to your queries and takes the very best care to put up a solid case for your migration in front of the visa officer. It becomes easier for you to make your choice of the legal representative when you go to the office of the lawyer. If you get a courteous welcome, ample time to put forward your points of view, generous approach towards fixing of immigration fees and prompt response to your confirmation, you can be sure that you have come to the right place.
If you are interested in migration, the first thing you should do is to find a website offering free lawyer. You should try to find out on this site, by filling the application form, whether you qualify to apply for immigration. If you get a positive response only then you should go about taking interviews of prospective migration lawyers. You should pose as many questions you can to your immigration lawyer.
Try to remove all your premonitions and doubts with your free immigration attorney, so that you can be more confident of the success of your migration application. This also helps in bringing out any hidden problems which you would have missed otherwise. You should not delay in selecting your migration attorney once your candidature is approved. It is possible your case may be a demanding one which may take a few months in processing. If you go at the last minute, you may lose a good opportunity to change your status or apply for immigration and there may be great disappointment for you and your family.
Blue Card Australia – Easiest Ways To Get Your Construction Blue Card
To visit or work on a construction site in Queensland Australia you need a Blue Card. Australia has several different types of construction induction training course, depending on which state you’re in, and the Blue Card course is the one you need if you live anywhere in Queensland.
In fact, you can’t even get on to a construction site without one, so they’re pretty important if you’re a construction worker, labourer, tradesman, engineer, architect, project manager, soil tester, or a host of other occupations that need to visit construction sites!
There are two main ways you can go about getting your Queensland Blue Card. Australia in general offers mostly only face-to-face training, but in Queensland you can also do your course online.
Face to face training typically takes four hours of your day to do the actual course, plus travel time, parking etc. etc. and so it can be a real inconvenience, to say nothing of lost income and productivity. This has been the traditional way to do this kind of training.
Blue Card Australia – Online Options.
But in recent years online alternatives have sprung up. Doing your Blue Card training online means you can choose when you do it – you can even complete the training during evenings or on the weekend, out of work hours – if you want to.
The best courses allow you to complete the training in several sittings – the software remembers where you got up to, so next time you login, you just start where you left off last time – very handy!
Interactive, multi-media courses are much more interesting, and easy-to-learn with than boring text hand-outs and bored presenters… the ease and speed with which you’ll learn and retain the important information is amazing!
Identification Requirement For Online Blue Card Australia Courses.
New regulations introduced into Queensland in January 2008 require trainees to comply with several identification verification procedures so that the issuing Registered Training Organisation can be confident the trainee is actually who they say they are! You will have to provide a certified copy of ID like your Drivers License, and also get a Statutory Declaration (provided) witnessed by a Justice of the Peace (J.P.), or a Commissioner for Declarations (C.Dec.). Such people can readily be found in shopping centres, Post Offices, and office locations.
If you need to get your Blue Card Australia we recommend the online approach for convenience, speed and ease-of-learning.
Illegal Immigration to Canada
Illegal immigrants are people who are not legally permitted to live in a country. Every year, hundreds and thousands of people attempt to enter Canada illegally from Hungary, Mexico, Costa Rica, Argentina, Panama, Central America, Eastern Europe, Ireland and other countries. Both the United States and Canada face serious illegal immigration problems. Failed refugee claimants and people with expired visas are illegal immigrants. It is believed that about 8% of foreigners attempt to enter Canada illegally. Another 64,000 people (8%) have expired visas. Some people enter the country as undocumented persons because of economic reasons.
As per an immigration report in 2003, the estimated number of undocumented people living in Canada is somewhere between 100,000 to 200,000. A few illegal immigrants exhaust all avenues of becoming legal and continue to live, work and contribute to Canada’s economy for long. Increased security protection in United States following September 11, 2001 has also resulted in an increase in the number of illegal immigrants to Canada.
Illegal immigration to Canada can be reduced by verifying social insurance numbers. In Canada, a social insurance number beginning with the number nine shows that the person holding it is not a citizen. The expiration date must be verified to make sure that the number is still valid. Human Resources and Skills Development Canada can support problems in this region.
When compared to United States, illegal immigration to Canada is less. One can enter Canada either illegally, or as a refugee, citizen, or permanent immigrant. Entering illegally should not be necessary in Canada, because the country has the most liberal immigration and refugee entry laws in the world.
For political reasons, the Canadian government took the initiative to legalize undocumented people by granting amnesty. Illegal immigrants in Canada are granted permanent immigrant status during these amnesties. People who commit serious crimes are unlikely to get amnesty.
Green Card Lottery – Visa Not Guaranteed
It’s called the diversity visa lottery program, but to most it’s known as the green card lottery. Chances of winning are slim, but still there’s a chance. Thousands join in each year to take a chance at the green card lottery. The program is open to many countries and many do win.
One fellow from Brazil won two years ago and brought his family to live in sunny Orlando, Florida. It happens probably more than you think, and is one legal and proper way to come into the united states.
How can I find the green card lottery? Each year, you are allowed to apply to the lottery for green cards, but even if you’re selected a winner, that doesn’t guarantee entry free and clear. There is a catch.
Applicants must pay the now $750 U.S. Dollar fee to the U.S. Embassy in the country they apply. Further, you must pass several medical exams. And the U.S. Government says green card lottery winners must have an advanced level of schooling or, you must have worked in a professional position for two years – within the past five years. If that isn’t enough, there is more.
Say you win the green card lottery – you now go through a complete police investigation – a background check, performed by the united states. What this boils down to is that you must have a clean record before coming to America. It is not easy – but there is a good chance, if you apply.
There are around 50,000 to 55,000 U.S. Visas set aside for the green card lottery. The program is officially called the diversity visa lottery program, and you can only apply online via the state department website. Unless you win, your application is absolutely free. There are hundreds of cases of fraud by those who want to charge for the application process.
Apply directly through the state department website, or your application may be marked as fraudulent. And get ready as the next “diversity visa lottery program”, or green card lottery as most call it, takes place in October of this year.