This is going to be an ongoing series of postings about choosing an immigration lawyer. Today I chatted with someone who needed a lawyer because his mother died but left property in India and has a dispute with his sister. It was mainly a counseling session on how to focus the issues, sift out emotions, and pick the right lawyer. To recap: One. Absolutely be aware of any impending deadlines and tell a prospective lawyer immediately. I advised this individual to send a letter overnight express to request additional time to respond to a motion so he could find another lawyer. He can even ask his previous lawyer as a courtesy to e-file it. Two. Dial back the emotional fervor. Seek grief counseling. If there is no relevant death in the circumstances, think about one’s emotions in general. This helps a potential lawyer analyze your situation and decipher facts from emotions. Three. When looking for attorneys, focus on the factual issues. Identify your specific role in the matter to a po...
A Lawyer Asked Me The Following Question: "My client, who is a permanent legal resident, is charged with a misdemeanor Domestic Abuse No Contact Order - Violate No Contact Order - Minn Stat 629.75.2(b). The offer is to plea guilty to charge. 90 Days jail stayed for two years. Would he be deported if he plead guilty?" ANSWER: Yes! FOLLOW UP: "Also, do you know if there is anything I could do like an Alford plea (no admission of facts) or a stay of adjudication on the charge that would keep him from deportation?" ANSWER: None of those resolutions avoid removal proceedings. And there are additional nuances. And, during this time, the foreign national defendant may or may not remain in ICE custody during such proceedings. In Minnesota, this is usually Sherburne or Carver County jail but sometimes Albert Lea. Ramsey County (St. Paul) recently ended its relationship with I.C.E. to detain foreign nationals in proceedings. Thi...
This week USCIS released a new Handbook for Employers: Guidance for Completing Form I-9. Many people don’t realize the I-9 form, filled out by new employees—citizens and noncitizens alike—is actually an immigration form. All businesses with employees should carefully review the changes in this handbook. The new I-9 form itself began Jan. 31, 2020. https://www.uscis.gov/i-9-central/handbook-employers-m-274
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