Although an immigration lawyer, especially those who belong to AILA, has access to many information sources not accessible to the general public, we still need to follow guidelines for accessing information on cases pending at USCIS. As a general rule, we must all start with contacting USCIS through their 800 number. In the past, getting significant assistance through this number had been a frustrating and time-consuming process.

Up until a month ago, when an immigration lawyer called USCIS her call was answered by a very low level customer service representative who read directly from a script. Any attempt to bypass this interaction and request help from an immigration officer was met with resistance, followed by the rep picking up where they left off or (when my luck was really bad) starting from an earlier point in the script. First the rep needed to ask whether I was a customer, employer or immigration lawyer. When I said “immigration lawyer”, they would inevitably want to then confirm that I was not an employer. No, I’m not a customer either. Once you convinced the rep that you were, in fact, an immigration lawyer (as opposed to a customer or employer) they would then request information specific to the case. When they were done looking the case up, and having you describe why you were calling, they would tell you that they were transferring you to an officer. Once you got to the officer, you would have to explain your situation all over again.

Immigration Lawyer Option Added to USCIS Call Center Menu

Last quarter USCIS solicited feedback about how calls were being handled by the 800 number. Given that my view of the 800 process had been shared by many of my colleagues, I can just imagine the kind of responses the request generated. Well, it must have worked. Last week I called the 800 number and was shocked to discover that there was a menu option for immigration lawyers that, if chosen, would lead you directly to an immigration officer — the only people authorized to provide most of the case-specific information that I need. Not only did I save time by avoiding the first-tier rep and his awful script, but I was also able to avoid the stress that often stemmed from the interaction. Bravo, USCIS!

Heartbreaking cases for an immigration lawyer

Most of the heartbreaking cases for any immigration lawyer involve families where one member is subject to the lifetime bar for having entered without inspection after being in the US for more than a year or having been deported. The alien must remain outside the US for ten full years before being eligible to apply for a waiver. Other cases involve prior drug-related convictions; America treats drug offenders very harshly and aliens with criminal records for controlled substance offenses are rarely permitted to immigrate. Finally, I talk to a lot of people who are in line for a visa so that they can be reunited with family members, but have a long way to go until their number is called. For instance, the waiting time for sibling visas for Mexican citizens is approximately fifteen years.

There has been talk of immigration reform since…well, since before I became an immigration lawyer. While there aren’t many people arguing that we don’t need reform, there is certainly no general consensus as to what form the reform should take. Some radical anti-immigrant factions want to send everyone home, lock the doors and start over. Some radical pro-immigrant factions want to open the doors to everyone and call it a day. The solution, however, is somewhere in between.

The focus of the majority of Obama’s first year in office was health care reform. Now that the health care reform bill has been passed, political pundits predict that his attention will now shift to immigration reform. Although the contents and timing of the ultimate immigration reform bill are anybody’s guess, two senators have taken the lead in drafting a comprehensive immigration reform proposal.

Comprehensive Immigration Reform Proposal

Chuck Schumer and Lindsey Graham are poised to present their version of comprehensive immigration reform to the Senate shortly.  In drafting their bill, the Senators made sure to address many issues, including tighter border security, better visitor and resident tracking, enhanced employment verification, and a path to legalization (amnesty). There are approximately 11 million people currently living and working in the US without authorization.

Aspects of the Comprehensive Immigration Reform plan include:

• ensure that illegal workers cannot get jobs via a tamper-proof ID system and a high-tech version of the social security card;
• fulfill and strength our commitments on border security and interior enforcement;
• zero tolerance policy for gang members, smugglers, terrorists and felons;
• expanding domestic immigration enforcement to better apprehend and deport those who commit crimes or overstay visas;
• award green cards to immigrants who receive PhD or master’s degree in science, technology, engineering or math from a US university;
• create system for admitting lower-skilled workers when we need them, and offer a path to a green card for continuous service;
• implementing a tough but fair path to legalization for 11 million undocumented foreign nationals who are already here including requiring proficiency in the English language, passing a background check, performing community service, and paying fines and back taxes.

Reaction from an immigration lawyer

I think the Senators’ plan is a great start. Under their plan, the focus is on cleaning up the mess, while ensuring that it won’t happen again. However, there is a complete lack of mention of taking steps to reunite families who are separated either by past infractions or, worse, because the line to get in is currently too long. Things like eliminating the need for a 601 waiver, eliminating the ten year wait to file a waiver in the case of a permanent bar, decreasing the wait for family-based visas, and easing the sanctions of prior drug offenders are entirely missing from this early discussion. Let’s hope we are able to fill these holes prior to the passage of any immigration reform bill.

Source

An immigration lawyer will likely discuss all the ways he can get a green card including adjustment of status (if he’s already in the US), consular processing of the spousal visa, and consular processing of a K-3 visa. The conversation comes to a screeching halt, however, when you offhandedly mention that your new hubby was charged with misrepresentation during his last attempt at entering the United States because he lied about the purpose of his visit. Now the conversation turns from how wonderful it is to be a newlywed to the need for a 601 waiver in order to get a green card through marriage.

Needing a 601 waiver to get a green card through marriage is no insignificant thing.  The proper preparation of a waiver will require many hours of work on the part of both the immigration lawyer and his clients. And yes, you should hire a  lawyer to prepare the waiver. If you go it alone, and get rejected, you must start all over again if you want your husband to ever be able to get his green card.

In response to the deadly earthquake that recently hit Haiti, immigration TPS has been approved by United States immigration officials for Haitians who were physically present in the US before the day of the earthquake.

What is Temporary Protected Status (TPS)?

When used in the US immigration field, temporary protected status (or TPS) is a temporary immigration status granted by the US government to foreign nationals who are unable to return to their home country due to destruction, humanitarian crisis or political unrest.  If designated by the US government to be eligible for TPS, citizens of that country must still meet the TPS requirements as outlined in INA section 244 and8 CFR 244 for Temporary Protected Status. For most people who are in the United States unlawfully, temporary protected status (TPS) gives them permission to live and work here for a limited amount of time.

Why is TPS for Haiti a good idea?

Foreign nationals who are in the United States without authorization are deportable. They are generally not allowed to work, and live in constant fear of being picked up by US immigration authorities (ICE) and sent home. Prior to the earthquake of January 12, Haitians in the US unlawfully were in the same boat. However, now that the earthquake has destroyed a huge part of Haiti, deporting a person back to Haiti would actually be harmful to the Haitian recovery effort as all available disaster resources will be needed for the people who were affected by the earthquake. In fact, US immigration officials recently suspended deporting anyone back to Haiti.

Granting TPS for Haitians is the right thing to do, both for the foreign national and for the people currently in Haiti. Conditions in some parts of Haiti are so primitive that it would be inhumane to force a person to go back there right now. Further, that person would likely increase the burden on  the food, water, and medicine supply that the US is sending to Haiti for the victims of the quake.  Haiti TPS is a way for the US to limit the amount of humanitarian assistance that will need to be provided by not increasing the number of people living there. Finally, since those on Haitian TPS will be allowed to work, it is the hope of the US government that money generated from TPS Haitians working in the US will be sent home to relatives and friends in Haiti to help with the recovery and rebuilding process.

US Immigration officials announced on January 13, 2010 that Haitian deportation would be halted in recognition of the 7.0 magnitude earthquake that devastated the country of Haiti the day before. For nationals of most countries, US immigration deports or removes them to their home country either upon attempting to enter the US or after deportation proceedings have been concluded. When countries are experiencing unusual violence or hardships due to natural disasters, the US government may temporarily suspend deportation or removal for citizens of those countries. As Haiti will likely experience significant shortages of housing, food, water, and medical supplies as they recover from the earthquake, the US government has determined that deportation to Haiti is not desirable at this time. Haiti deportation will resume only when the situation in Haiti has stabilized.

UPDATE: The US has designated Haiti for TPS benefits. Even if you are or have been in deportation proceedings, you may qualify.

Source: http://www.chron.com/disp/story.mpl/breaking/6577049.html

For example, the law requires proof of US citizenship in order to get a driver’s license or state ID. Immigration lawyers claim this is bad because it encourages people to hide. The law also requires companies that do business with the government to use the E-verify system. However, immigration attorneys claim the system is unreliable and unfairly targets only a portion of businesses. The law also allows local law enforcement agencies to enforce immigration law, which immigration lawyers claim reduces the public trust. Finally, the law criminalizes harboring an illegal alien for financial gain. Immigration lawyers fear this will have unfavorable economic consequences for certain industries.

Proponents of the law claim that it was enacted to protect the finite pool of taxpayer dollars in that illegal immigrants are using government services that are intended for those who are here legally. As the federal government has done nothing to help stem the flow of losses, Utah lawmakers have taken it upon themselves to shore up their budget.