Archive for the ‘Immigration, General’ Category.

The American People Have Elected the 45th President

shutterstock_106049390We, the American people, have elected our 45th president. Today, as we all go on with our daily routines, a new era is beginning. Today we must search deep within and find a renewed commitment to our nation, to unity, and to the belief in the wisdom of our founding fathers who established our nation and our system of governance in the name of freedom and democracy. Though the political debate surrounding immigration has always been contentious, the presidential campaign revealed a divisive and ugly rhetoric unbefitting our country.

As a woman, an immigrant, a former asylee, an immigration attorney, and a proud U.S. citizen, I feel the election boils down to one clear fact: that we must continue to work towards acceptance and inclusion because within our borders, our citizens feel excluded. We must figure out a way to address that while highlighting the ways in which the values our forefathers held to be true continue to define America as a nation.

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American Parents Overseas Should be Treated Equally

shutterstock_334793393The Supreme Court on November 9, 2016, will hear arguments in Lynch v. Morales-Santana, a case in which AILA submitted an Amicus Brief, along with the National Immigrant Justice Center (NIJC) and Northwest Immigrant Rights Project.  The case, which will address and better define how citizenship passes to children born to Americans overseas, has the potential to affect numerous children by eliminating current distinctions based on the biological sex of an unwed U.S. citizen parent.

In Morales-Santana, the Second Circuit ruled that the petitioner, who was born out of wedlock to a U.S. citizen father and a non-U.S. citizen mother, should not have been treated differently as to the status of his citizenship under the equal-protection clause of the Fifth Amendment, reversing a lower court ruling.  If the Supreme Court upholds the Second Circuit’s decision, the Court will create equality under the law for children born to an unwed U.S. citizen parent, regardless of the parent’s gender.

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Hostile Jurisdictions

shutterstock_372661681U.S. immigration lawyers, members of the American Immigration Lawyers Association (AILA), practice in every state in the union and other countries besides. We fight for clients no matter where they are, to the best of our abilities. However, we are currently wrestling with an elephant of a problem – hostile immigration court jurisdictions – best illustrated by the fact that the Atlanta immigration court consistently produces grant rates of relief far lower than the national average.  When you know that your client has virtually no chance of obtaining relief in your city and also know that if they were simply located in a different city they would have a better than two-thirds chance of relief, it can be disheartening, to say the least. Thus, there is an understandable reluctance among many attorneys to practice removal defense in Atlanta, one of the worst of our nation’s “hostile jurisdictions,” where no amount of time and effort can overcome a deck stacked firmly against the defense.

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Shining a Light on Domestic Violence to Assist Immigrant Victims

shutterstock_316304594October is Domestic Violence Awareness Month, which is intended to shine a light on the human right to be free from violence, ensure that all victims of domestic violence know they are not alone, and foster supportive communities that help survivors seek justice.  In the United States, twenty people are victims of physical violence by an intimate partner each minute. Most victims don’t come forward because it is not safe; in fact leaving an abusive relationship is often when victims are at the greatest risk of homicide by their abusive partners.

Immigrant victims are particularly vulnerable as they often live in the shadows of society and face additional challenges to reporting abuse and/or leaving an abusive relationship. These barriers include fear that police contact may lead to deportation, separation from children and other family members, language barriers, isolation, and fear of being ostracized by their families or communities for coming forward.  Many undocumented immigrant victims are not aware that they are protected by U.S. laws and have options for escaping the violence. They don’t know that they have access to police or court protections.

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How Do You Manage the Risks of EB-5 Practice?

shutterstock_394229008Do you remember your Risk Management class in law school? Neither do I. It’s not offered. Yet as lawyers, we have to manage risk every day. True, rarely do we reflect “I’m doing a good job managing my risks today.” We just do it. But taking time to understand risks and risk management can make us better lawyers.

There are multiple risks lawyers take in the practice of law. When a new client comes on board, a lawyer takes a risk the client will be cooperative and pay for the work. When a lawyer accepts a matter in an unfamiliar area of law, there is the risk of quickly getting in over one’s head. Lawyers take a financial risk when they invest time and money to build a practice. Just about everything lawyers do involves some level of risk. Some risks are small, others larger. For the larger risks we tend to want to manage and minimize the risk. In the world of immigration law practice, EB-5 clients and matters are larger risks that must be carefully managed.

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Opening Minds and Hearts in the Immigration Debate

shutterstock_126507572There are very few issues facing our country today that are more polarizing than immigration. From the White House to your parents’ house, Wall Street to Main Street, the classroom to the dining room, discussions about immigration have sharply divided parties—and touched a collective nerve. The current vitriol espousing fear and scapegoating has made the immigration debate not just a theoretical or intellectual one, but a personal one. “They’re stealing our jobs!” “They’re killing our children!” “They don’t pay taxes!

Facts and figures, studies and statistics, and plain common sense abound to debunk most of the common myths and rhetoric, yet some people still cling to their anti-immigrant sentiments. Some of it is based on benign ignorance, some of it driven by emotion, others by personal experiences and biases.

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Solicitor General Apologizes to the Supreme Court, Again

shutterstock_246417730The moral of this blog post is two-fold. First, stranger things have happened, and second, do not believe everything someone tells you because just saying it does not make it so.

On August 26, 2016, Acting Solicitor General Ian Heath Gershengorn penned a letter to the Honorable Clerk of the Supreme Court Scott S. Harris apologizing for a Department of Justice (DOJ) error committed fourteen years ago. That’s right. In 2002, Mr. Gershengorn’s predecessor told the Supreme Court in Demore v. Kim, that mandatory detention under 8 U.S.C. § 1226(c) was constitutional because the average length of detention when a case was appealed to the Board of Immigration Appeals (BIA) was on average only 233 days. According to DOJ’s apology, however, the statistics provided by the Executive Office for Immigration Review (EOIR), which DOJ had submitted to the court, omitted 15,000 cases, and in fact, appealed cases generally take an average of 382 days. This also resulted in an underestimate of the actual number of cases appealed. Statistics were fudged based on EOIR’s definition of “completion,” which did not take into account, for example, a change of venue. The statistics, by the way, relate back to the year 2001.

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Avoiding Potential Pitfalls in the Global Immigration Context

shutterstock_288120626Immigration lawyers regularly see the damage “notarios” can inflict on innocent clients who don’t realize they are not dealing with a qualified lawyer or don’t understand why it’s important to use a lawyer competent in immigration law. Many of us have worked hard to educate the public on the dangers presented by those engaged in the Unauthorized Practice of Law and we have encouraged our law enforcement agencies to target the worst actors.

There are also many handling U.S. immigration matters overseas who are off the radar of U.S. authorities. They may be equally as unqualified as the notarios operating within the U.S. and the potential harm they cause is just as serious.

No matter how much we know about the law, and how much we know about immigration, the fact remains that with some exceptions, AILA members are experts in American immigration law. Notwithstanding our desire to help a longstanding client, or offer a few words of advice on a “simple” matter, American immigration lawyers should be extremely cautious about accepting outbound immigration matters.

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What is Donald Trump’s Position on Immigration?

shutterstock_264609119Why do we ask?  And why particularly of Donald Trump and not Hillary Clinton?  While the devil is always in the details, it is clear that Secretary Clinton has a more favorable view of immigration and has laid out a fairly clear strategy for how she would reform the current system.

But the question of what Mr. Trump would prioritize on immigration, should he be elected to hold the highest office in our nation, remains unclear.  First he called for massive, yet “humane” and “nice” deportation of the estimated 11+ million undocumented individuals in this country.  He has also repeatedly reaffirmed that a wall must be built along the southern border.  He has noted that he wants people (who are deported) to come back legally because “they want to be legalized.” The candidate has also said that in the wall, there will be a “tremendous beautiful wide open door.” (Donald Trump on mass deportation).

Recently however, reports have Mr. Trump possibly “softening” his stance on immigration noting that “to take a person who has been here for 15-20 years and to throw them out is a very, very hard thing.”  The outline of a plan appears to have similarities to proposals made by former presidential candidate Jeb Bush, who Mr. Trump previously criticized as “weak on immigration.” Yet there does not yet seem to be any clear and definitive proposals of what his immigration policy would look like in actuality.

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Taking that Final Step Toward Citizenship

shutterstock_323503904Before he was president, Eisenhower was a general. What war was he in? What territory did the United States buy from France in 1803? What stops one branch of the U.S. government from becoming too powerful? How many amendments does the U.S. Constitution have?

These four questions seem innocuous but they can strike fear into the hearts of thousands. I’m not talking about high schoolers or even college students. These questions are just a few of the 100 possible questions an immigration examiner may ask a person who is applying for U.S. citizenship.

Before you can become a naturalized U.S. citizen, you first have to have lawful permanent residence (possess a “green card”) in the United States for several years; in most cases, five. Of the many other citizenship requirements, such as proving “good moral character” and attachment to the principles of the U.S. Constitution, each applicant must have sufficient knowledge of U.S. history and government as well as basic written and oral comprehension of the English language.

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