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...

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...

  Extensions can be beautiful yet complicated. Like hair extensions, H1B extensions can be a very good thing, but are complicated to achieve.  To be sure, both require particular attention. Recently I received some questions about extending an H1B visa. BACKGROUND An H1B, or "H1," visa is a temporary visa allowing a company to petition for a noncitizen with a bachelor's degree or higher to work for the business on specific project whose occupation requires such a degree. Most often it is used for S.T.E.M. occupations, but that is not required.  There is an annual cap on these visas and competition is high to just be allowed to apply for the H1.  Once approved, one can work on an H1B visa for up to six years before needing to go through the "cap" process again. However, an H1B is usually only approved for one to three years, requiring a company to apply for an extension that proves a project still exists for the noncitizen to work on. Also, if a company sponsors ...

"Grace" is Minnesota's official state photograph. I was State Senator in 2002 when we officially voted for Minnesota's official "state photograph." A more prolific image originating from Minnesota than "Grace," I'm not aware of.  My colleague and friend, Rep. Loren Solberg , was the natural author of the bill since Loren lived in Bovey, Minnesota where the photograph was taken.  I think Loren also liked it because he bears resemblance to Charles Winden, the guy in the photo (Loren and I ribbed each other from time to time).  Read more about the history of Grace here. Speaking of grace, lately I've received a rash of calls from noncitizens who find themselves similarly situated to Mr. Wilden, praying for providential intervention in a recent job loss.  Primarily H1B visa holders, these folks have been laid off and are uncertain about their legal status and how to proceed with potential new employment in the United States.  The influx is prom...

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...

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...

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...

I'd rather chat on the phone for a few minutes--AT NO CHARGE--than charge money for generic advice. Have you even seen Monty Python's The Holy Grail? No? Go to Netflix and watch it, and then come back to this post. Back already? Great!  So recall the scene where King Arthur must answer three meaningless questions to cross the Bridge of Death. What if King Arther was given the privilege of paying the bridge keeper $360 for the the privilege of telling him his favorite color? Well, that's what some immigration consultations can feel like.  Believe it or not, they can feel like it for the attorney too. Recently, I did a one-hour, paid consultation for a recently-married couple considering a marriage green card. I would not do it again.  Believing that one hour would cover simple issues and "review forms," I encountered process questions that intersected with complicated questions about the noncitizen's current status, and ability to...