Immigration QA

During the recent upsurge by ICE in Minneapolis, a few common themes have arisen in my immigration law practice that both frustrate and educate.  I've also  learned that I'm equally vulnerable to emotion-based fears and lashing out as anyone, despite possessing  the actual knowledge and tools to act. So after profuse apologies to some people around me, I "started a list."  Here's what I, as an immigration attorney, believe could stem ICE arrests and/or strengthen a deportation defense. I welcome additional suggestions.  PS I’ve actually stopped saying "undocumented," because lots of people with legitimate immigration processes are being unjustly arrested by ICE, as well as U.S. citizens. T hese practical actions can make a true difference in a noncitizen's life: Emotional Support. Specifically: Assurance of friendship, love, compassion, and trust. Starting with listening is often helpful. Privacy is paramount . Calm nerves, first with oneself and the...

Did you know you can rent your own personal vault in an actual bank?  A young man called me today because he needs a new Social Security card, but can’t prove U.S. citizenship with merely a copy of the  certificate. He lamented the $500 application fee to replace it. I don’t blame him.  But the point remains: Lack of essential documentation is a frequent root cause of immigration (and life) problems.  Safe deposit boxes are a reliable way to store documents like birth certificates, naturalization certificates, passports, wills, family heirlooms, and Social Security cards. See link below. Non-citizens in particular should start to use them as well as fireproof safes that can be gotten for relatively cheap off Amazon and Walmart. This is particularly so in the initial stages of immigration when non-citizens tend to move frequently, increasing the chance for loss. I think it’s important to begin educating on documentation preservation. PS I don’t agree with some critici...

Credit Reuters Happy days to the Indian national cricket team, taking its first grand title of a T20 World Cup.  A nearly blemish-free record by most accounts. By the way, this year was also America's first serious ICC Cricket tournament on home turf. The U.S. team actually won enough games to qualify for the 2026  T20 World Cup  in Sri Lanka and India! This rather reminds me of U.S. immigration law.  This is because, in addition to the many requirements for U.S. naturalization, applicants must have what is called Good Moral Character (GMC). This can be a highly discretionary standard used as a catch-all for a derogatory past that may not be technically disqualifying. Some people think it only matters for the previous five years. This is not true. For clients without a blemish on their record, I don’t submit proof of GMC.  For those that do, I work hard to prove this up.  So what is considered a blemish?  This must be examined early in a client screeni...

I RECEIVED THE FOLLOWING QUESTION TODAY:   My husband and father's cases have been in Administrative processing for over 9 months now. The Embassy is just delaying the process! ANSWER:   In general, there’s not much a lawyer can legally do to "unstuck" an application at an Embassy. An attorney can submit a letter, but Embassies are so bureaucratic it is doubtful the letter will reach the right person. An attorney can, however, sue the Department of State in U.S. federal court to force a decision one way or another, but this will cost thousands of dollars and the decision may go against you. One realistic course of action should be to contact your own Congressperson to write a letter to shake loose a decision. You should know, however, that if the application was problematic is some way, sometimes no answer is a good answer. Meaning, at least the application is not yet denied. To help determine your chances, a consultation with an attorney may help. But it will be essentia...

Recently I posted a poll asking if people had heard of the video game Don’t Tax Me Bro. I asked, because the video game reminded me of a phone call I received regarding renunciation of one’s US citizenship. A US citizen, who I assumed from his Midwest accent had grown up in Minnesota, wanted an immigration lawyer to renounce his U.S. citizenship.  He explained that people in his church had been doing this because they were tired of paying taxes. “I’m a businessman, see, and pay a lot of taxes.”  So he wanted to hire an immigration lawyer to get that done. I have to admit this was a new one for me. In my previous life as a lawmaker, I encountered people all the time that didn’t want to pay taxes—AT ALL—regardless of the benefits they receive for living in America.  If someone would like a list of those benefits in a different post just holler.. Let’s just say, I’m of the belief that freedom isn’t free.  But it is one’s right to advocate for zero taxes if they wish, an...

  My translation service friends have been in my mind lately. Not sure why, maybe because a recent case required both an Arabic and French document translation.  From time to time I enjoy a chuckle from a funny interpreting experience some years ago. The matter involved an urgent need for spoken Gujarati, and no professional service was immediately available. I asked a local aide society if they could find someone who spoke Gujarati, and they heartily agreed.  When the interpreter arrived he spoke beautiful Gujarati with my client. Small problem: he couldn’t speak a word of English back to me!  Basic lesson: make sure your interpreter is fluent in BOTH languages! Lol!

  I recently answered the following question: Q:   I am applying for a citizenship based on marriage. I was wondering when I am filling out the form do i base my answers on 3 years work, travel and residence history or do i still have to include 5 years worth of work, travel and residence history? Do I need to include an additional sheet explaining why i have submitted just 3 years worth of work, travel and residence history or should i just scratch the number 5 in the form wherever necessary and put the number 3 above that?   A:   Don't scratch anything out. I think your separate sheet idea is better. There is also space in some of the answers for explanations on the form itself, so use those whenever possible. Since you are only using three years it is important that you emphasize, In your supporting documentation that you are eligible for that timeline. This means demonstrating, almost like you did in your green card application, that you have continued to re...

I think most immigration advocates agree it's been a mixed bag.  There were immediate reversals of SOME of President Trump's most anti-immigration executive orders, but not all.  Suprising, given President Biden's pro-immigrant rhetoric. One example is the refugee moratorium, which the administration declined to lift until there was a public outcry.  Another is the many months it took the AG to recind the onerous Castro-Tum decision, which imposed procedural restrictions on immigration judges.   I myself had a client who grew up in the US but was deported under Castro-Tum rule, even though the immigration judge HERSELF ruled he was eligible for a U Visa. Before Castro-Tum, he could have stayed in America waiting for its approval. Under Castro-Tum, he was deported to a life in Mexico he's never known.  How many countless noncitizens were unfairly deported while Merrick Garland delayed this no-brainer move? Castro-Tum should have been rescinded the day he was conf...

The 46th President of the United States, Joe Biden, has issued  immigration changes on his inaugural day .  His transition organization issued a fact sheet laying out many executive orders to sign as he steps into the White House for the first time as U.S. President, including several immigration policies.  UPDATE 01/21/21: Those executive orders and actions are now in effect and their language can be found on the White House web page or this link . Day-1 executive orders orders are commonly prepared and signed by all modern U.S. Presidents.  Some are meant to reinforce the new President's priorities, and some are to temporarily suspend the previous President's orders, especially prior agency regulations that have not yet been finalized and may be cancelled by the President/agency heads. President Biden's inaugural schedule includes primarily ceremonial visits.  But once he arrives at his new abode for the next four years, he will step into the oval office...

UPDATE06/17/2020:  BREAKING: US government denial of COVID relief to noncitizen students has been blocked by a judge. Check with your DSO! In a letter to colleges last April, the Education Department advised colleges to only give relief funds to students who typically qualify for federal financial aid, excluding international students and beneficiaries of DACA. The letter was not binding at the time. In May, the California community college system filed a lawsuit against the DOE alleging that DeVos exceeded her authority in barring colleges to give aid to whom they please. U.S. District Court Judge Yvonne Gonzalez Rogers granted an injunction blocking the Department of Education from enforcing their CARES Act guidance on June 17, 2020. The proposed rule will be up for public comment for 30-days until July 17. During this time period, anyone from the public can file a comment on regulations.gov for the agency to consider. Once the rule is finalized, it will be binding on co...

BREAKING: U.S. Supreme Court has denied the government’s attempt to eliminate Deferred Action for Childhood Arrivals (#DACA).  I do believe the decision requires a “but,” because the (slim) majority decision does affirm USCIS’s legal ability to eliminate it, just that it failed to provide the legal rationale required by the Administrative Procedures Act.  Further analysis is needed as to whether the government could even realistically offer such rationale in the future.  Initial conclusion is that #DACA is good for now, but still not 100% safe. Here is the decision for further details:  Supreme Court DACA Decison

AN ATTORNEY RECENTLY ASKED ME: "A friend asked me to review a retainer agreement from a law firm representing both the noncitizen employee from Turkey and the sponsoring employer.  The agreement says that, in the event a conflict, the attorney could choose which party to continue representing and that any and all information learned during the course of application's representation would no longer be privileged.  For persons attempting to obtain a work visa, is it common practice to hire a firm that plays matchmaker between applicant and employer?  If the relationship/arrangement goes south, what, if any, remedies does the applicant, as a non-citizen, have against the law firm and/or the employer?" ANSWER:  Dual representation is indeed a reality in several types of immigration scenarios. In the employment-based immigration setting, many applications must originate from an employer seeking the government’s permission to hire a foreign nati...

During our day to day activities, it's easy to miss the impact of immigration on our lives. But this guide takes a new angle and discusses why an natural born American citizen might use an immigration lawyer. I OWN A BUSINESS 1) The I-9 form is a critical piece of hiring any employee. It verifies that your new hire is legally allowed to work in the United States. But few people realize the I-9 is actually an immigration form. Completing this form improperly can lead to results worse than an IRS audit! 2) If your business requires specialized occupations, such employees may be hard to find. If you discover a foreign national that fits the qualification, an immigration lawyer is all but required to help navigate a complicated and nuanced work permit process.  Here's a link to my primer on H1B visas:   H1B Visa Primer . 3) If you are interested in capitalizing your business, there are incentives to foreigners to invest upwards of $1 million into a qualified business i...