The life and times of a Tampa immigration attorney

An education in immigration

2012-01-24T09:09:00.000-08:00

I became an immigration lawyer because I did not really want to be a lawyer. I found that in 1996 I could be an incompetent nice guy who sat next to my clients while they got green cards. There was not much lawyering involved. I encouraged my clients to tell the truth, and I used to point out weak points of my cases so that the officer could do a thorough investigation and be satisfied that the relationship was real.

Immigration made sense back then. The immigration service showed me by their actions that they believed good people should get green cards and that bad people should be shown the door. For nearly any crime an alien could request a waiver of deportation, citing humanitarian or other equitable grounds. Although the crime of marriage fraud existed, no cases were pursued in Tampa. A marriage that did not meet the bona fide requirements of the Tampa office was simply denied. People who believed in their bona fide marriages continued to immigration court, others went back home.

Immigration was not about "national security." Immigration was not about reminding people from other countries that they are not us. Immigration was not about preventing nice people from immigrating. Immigration was about helping good people enter the US while trying to prevent bad people from entering the US. What is a good or bad person was up for debate in any given case.

The immigration officers at the time had broad discretion to decide cases as they saw fit. I learned that in nearly every case there appeared to be some technical violation of the immigration law somewhere (there are a lot of laws), but that a wise immigration officer would decide whether or not to create an issue on a given application depending on whether or not they thought the applicant was a good or a bad person. They would look to tax records, criminal records, and will make a determination about the person based on the record in front of them. The law was used to make it more difficult for bad people to apply for residency. There were times when good people would get kind of a pass. By "pass" I mean that the immigration officer would determine a waiver was not required, although maybe one should have been required, or the immigration officer would not ask questions about an area where there was clearly trouble, but where the trouble served no purpose, as in the case of previous unauthorized employment, the nature of previous marriages, and other issues outside the purview of an application for adjustment of status.

Now it appears that the immigration officers have no ability to decide if the people in front of them are good or bad, as they have been told to assume that everyone is bad. The law is used to delay and harass aliens applying for lawful permanent residence, regardless of whether or not they are good or bad people. The local office in Tampa acts as if there is a magical application for every circumstance, and any technical default in any case will result in them denying jurisdiction or denying a case.

I know that the immigration officers are frustrated, because I can see it in their eyes. These are generally good people who want nice people to move to the US. But the level of proof now required for a simple marriage or other immigration case is beyond any reasonable level.

I was reviewing an interview I attended regarding removal of conditions in 2006. I was with an officer who has a great reputation for knowing who is or is not telling the truth. My white Canadian client was applying for removal of conditions based on her short term marriage to a black US citizen man. My records show that we presented about 10 pieces of paper, and that the officer asked six questions of my client, determined she was telling the truth, and ended the interview, granting lawful permanent residence without conditions.

Such a simple interview is unthinkable now. For removal of conditions married couples are sometimes denied, as their currently real and existing marriages are deemed not real enough. I can tell you that the law in 2012 is no different than the law in 2006 or even 1998. The attitude of CIS is different. What is also different is the many and numerous obstacles that have been put in the way of ordinary and regular people getting the benefits they deserve from the federal government.

I have seen too many clients open themselves up to ridiculously detailed testimony regarding relationships and events from long ago for no purpose. I have seen the pain on my client's faces as they told the truth to a painful degree, only to be called a liar. I win in the end, but the toll on my clients. and their faith in the United States, compelled me to act more aggressively.

No one is served by the current immigration policies at Tampa CIS. Not the government, not aliens, not US citizens, nobody.

I did not want to be a lawyer, but the US government has forced me to be one. This is my country too. My clients have officially "lawyered up" for the duration. Instead of being free with evidence and testimony, we will give only what is required by law, not by Tampa CIS. When CIS does not agree with me, then I will simply go see the Judge in Immigration Court.

The case against speaking

2011-12-08T17:35:00.000-08:00

Regarding Petitions to Remove Conditions in Tampa.

I am having my clients assert their 5th amendment right in more cases before Tampa CIS. It is clear to me that in many cases, CIS in Tampa is more concerned about proving fraud they believe to be there than in finding out whether or not a couple was really married.

Since I became a lawyer in 1996 I have advised my clients to cooperate with INS and then CIS requests for information and documents. But previously the requests were always reasonable, and they went to the heart of the issue of the case -- should the person before CIS get this benefit or not?

After 9/11, things started to change, and the CIS attitude towards the aliens changed -- for the worse. The individual officers did what they could, but it appeared that high up in the command structure, someone was making CIS get tough. Fraud became a huge deal (when it was not before -- it was just treated like fraud) and finding marriage fraud became a way of distinguishing oneself at CIS if one were ambitious.

The requests for evidence became more and more obnoxious and personal, and CIS began to believe that an absence of evidence proved fraud. Worst of all, the legal presumption an alien is entitled to after being in a marriage for two years after their green card is issued -- the presumption that the marriage was real -- has been ignored at the CIS level.

Marriage fraud charges were thrown around without much cause -- I had more than a few cases go to court where they were thrown out for lacking evidence. 751s are routinely denied in Tampa, and are then approved easily at court, where the rule of law still prevails.

CIS appears to think that a lack of evidence equals fraud, and it appears that now they use their interviews as chances to support their cases, not a chance to hear my clients. My clients deserve to be heard, and will not speak again until and unless they are heard.

Proper focus of my business and life

2011-10-12T12:16:00.000-07:00

I am happy to announce that I am incredibly interested in seeing how many people I can help in my too short life--and I am not meeting enough people. You will soon hear new and weird ideas about how I will figure out how to help more people --because I love my job. I like helping people live here without fear. I enjoy sticking my finger in the bully's eye once in awhile, for a good cause.

I will probably stop representing people involved in criminal acts or who show poor moral character. I do not want to be surrounded by these people in my office. No offense! And decisions will be made on a case-by-case basis, but this lawyer has been surrounded by bad people long enough.

Give me your poor, tired and huddled masses, yearning to breathe free!

Feels like the first time!

2011-09-12T06:28:00.000-07:00

You would think after doing this lawyer thing for awhile once could just coast, right? Name recognition and reputation are all you need, right? Wrong. I must admit that I have not been doing all I can to be the great lawyer I know I am. Today I renew my dedication to my career and my clients. Watch out CIS!

There is no bad news for current clients. Everything will continue to be great. But future clients will be evaluated carefully to make sure that they are right for my firm. I find that I work best with people who are invested in their future. Trying to help someone who refuses all help is frustrating.

It will be just as easy to hire a lawyer from my office for great immigration work. It will just not be so easy to hire me to handle your case. I will focus on a small number of extremely important cases, while overseeing the other cases in the office but leaving routine work for another attorney.

I have been doing this a long time. I know a great deal. But by pulling back and taking fewer clients as personal projects I will be better able to help all of the clients of my firm.

Neil

September 2011

2011-09-09T11:21:00.001-07:00

The world is beautiful, the air smells better, food tastes better, and I now wear pants that are six inches less around the waist than pants I wore just three years ago. I have been through some changes!

In 2007 I weighed 250 pounds on my 5'10" frame -- at last check I weighed 205. I am stronger, smarter, and more ready to help my clients than every before!

And this is good, because while the law may be getting nicer, CIS sure is not. Other lawyers used to be jealous that I worked in Tampa, where the relationship between lawyers and government was not at all contentious. This was good because with lawyers involved many more cases can be handled more quickly than without. I used to just try to make the ISO's job easy when I saw them. Those days appear to be over. It appears that CIS Tampa is no longer interested at all in what lawyers want or how we can help move cases along.

Even the most mild mannered lawyers I know are getting mad about the treatment our clients are getting in Tampa. It is not too much to ask that the people who work for the local CIS office do their best to do their jobs as quickly as possible. Lawyers help, we do not hurt. If CIS chooses not to work with us, they will find AILA lawyers to be a persnickety, nitpicky bunch. I am not sure that any dispute will end well, and I hope CIS comes around.

Neil Lewis

Excitement at ICE

2011-03-18T09:33:00.001-07:00

Excitement at Immigration and Customs Enforcement

My client was pending removal to Egypt. He had been ordered removed following NSEERS registration in 2002 and his request for political asylum based on his status as a Christian who feared returning to Egypt was denied. The appeal was denied and my client filed two Motions to Reopen, but neither was successful.

He received what I call a “please come so we can arrest you” letter. He was represented by a well-respected area immigration attorney. This attorney was the kind of attorney I respect and trust. My advice would have been to never appear. Make them come get you if they want you.

This attorney told my client that he HAD to appear, and that his lawyer would fire him if he refused to go with him. In a similar case recently, another client got a letter like that. We did not appear and later received a letter to go to Immigration Court. There are times when reporting to Immigration and Customs Enforcement is a good idea – that was not one of those times.

Since my client appeared at that interview, he now has an ankle bracelet and is being forced to leave the US for Egypt on March 15, 2011. My client called me for a second opinion. He wanted to know what he could do. He understood that he could return to Egypt and come back based on his bona fide marriage to a US citizen, so long as the needed waiver of inadmissibility was granted.

My client was looking at Egypt with great fear. He knew that Mubarak was gone and that religious tensions could explode at any time. He watched the church bombing and the religious violence with great trepidation, and he had no interest in returning to Egypt, because he feared he might die there.

I told my client to tell his lawyer to file a Motion to Reopen. His lawyer refused, for reasons I do not understand. My client fired him and came to me. When I filed the Emergency Motion to Reopen and Stay, I could tell him that now he at least had a CHANCE of not leaving the US.

My client’s US citizen wife has a list of terrible maladies that should assist the BIA in making the right and correct decision. As I understand it, I need to show that there is a good chance that my motion will be successful to gain the stay.

I imagine that the Immigration and Customs Enforcement officers would let my client remain in the US no matter what the BIA does, but the deportation officers do seem quite relieved that my client has a lawyer looking out for him now.

UPDATE : My client’s Request for Emergency Stay was granted and he has a chance of remaining in the US for life.

The unknown immigration war

2011-02-09T05:43:00.000-08:00

The main thing that irritates me now about immigration law is the SHAME that my clients are starting to feel for being illegal. The cannot get IDs, they cannot work, if they talk to a policeman they might get arrested. It is no wonder I meet so many abused women in my practice, as they are all terrified that their US citizen husbands or boyfriends have the power to make them return home whenever they say.

Things have changed so much. When I moved to Florida, I have to admit, it bothered me to wait in line behind illegal immigrants to get my first Florida driver's license. We may have been too permissive then.

But now it seems we have gone overboard in the other direction. My practice, which used to consist of business immigration, family immigration and some deportation has become 50% deportation because so many people are being arrested, threatened and tormented for the "crime" of being born in the wrong country.

You would not believe how many nice aliens I know who are being (for lack of a better word) screwed with by the government because of indifference or sloth on the part of government employees. or because the letter of the law, interpreted harshly, suggests that maybe, maybe, they might be deported.

You would not believe the enormous jail we have in Florida (and there are more in other states) where we keep only NONCRIMINAL aliens who are facing deportation. Why do we lock up so many noncriminals who are a threat to no one? I do not know. Why do noncriminals face the toughest Immigration Judge in Florida? I do not know.

All of this is unfair, ridiculous, and unAmerican. It must change.

Who knew?

2011-02-03T15:52:00.000-08:00

I actually met somebody today in my office who claimed that they came to see me because they read my blog and looked at my website. I actually had no idea that people read my blog or look at my website. I had always hoped, but had never dared dream that people would actually pay attention to what I was saying.

But now that I know that my bully pulpit reaches at least one person, I shall endeavor to post more material more often.

I'll talk today about one of my frustrations with immigration law. It is incredibly unfortunate that the decisions aliens receive regarding their applications for permanent residence or whether or not they will be deported depend greatly upon the officer or judge hearing their case, and the way they present their case. There are immigration judges who will almost never approve applications for cancellation of removal, and their immigration judges who are quite happy to grant those applications. Similarly, at USCIS, who your officer is for your interview can make a great difference in how your interview goes, and whether any innocent mistakes will be viewed as innocent mistakes, or as evidence of fraud.

One of the great benefits I give to my clients is that I know who the decision-makers are where we will go. I know the way different decision-makers think, and what evidence resonates most clearly with what immigration judge or immigration officer. That experience is invaluable to my clients.

I also believe the my clients benefit by sitting next to me when they make their applications. I think I have a good reputation as someone who tells the truth and tries not to take money unless the person who's giving it to me knows why he is giving it to me. When I present cases at CIS or the immigration court, the judges and the officers know that my clients will not be lying to them, because my clients don't lie. If they would like to lie, they need to find another attorney. I will help anybody to make the best of the truth. I will help nobody create "truth" to fit any given situation.

The sadness of the season

2010-12-29T11:32:00.000-08:00

It is the greatest time of year, and I should be thinking about my wonderful family, and my fortunate life here in Tampa. Yet I sit in my office frustrated to the maximum because I have a non-criminal alien client (from Canada) who remains in jail almost 60 days after I filed a motion to reopen his immigration case. My client was deported because he did not report for court more than five years after his application for permanent residence was denied. In most cases, this long delay between denial and entry into proceedings has been found to violate the alien's rights. I expected this case will be reopened.

The delay is partly the fault of a recent move by the Orlando immigration court. My clients immigration file was sent to Orlando, but to the wrong address. From there the file returned to central storage, and it has not been seen since. The chief administrator of the court is aware of the problem and is working to get that file so that I get my client out of jail.

But I cannot help thinking, how many other people, with no criminal record, are sitting in immigration detention facilities right now, at a time when they should be with their family and friends. Conspiracy theorists may believe that these non-criminals are in jail because the US government has jailers to pay, and without people (even non-criminals) in jail, there is no need for the jailers.

Merry Christmas.

Frustrating stalemate

2010-12-13T13:54:00.000-08:00

It is frustrating to know that CIR is the best for everybody,and to know that business leaders know this is true, and to know that most elected officials know this, and that there is nothing being done about it.

http://www.renewoureconomy.org/pr_2010_12_10

When does the bad news end?

2010-12-08T08:55:00.000-08:00

The atmosphere in Congress is violently anti-immigrant because of fear of the tea partiers. The Dream Act is soon to die, and so will immigration reform. I am not pleased.

From Politico.com:

“The next two years will be a very, very bleak period for immigration reform and for immigrants,” said Frank Sharry, executive director of America’s Voice, which has been urging passage of the DREAM Act.

In January, Sharry added, Reps. Lamar Smith of Texas and Steve King of Iowa, the Republicans driving immigration policy in the House, “literally want to expel 11 million undocumented immigrants in our country, to make life so miserable they can’t get work, get an apartment, go to school or survive here, so they pick up and go home.”

When the Senate roll-call vote comes up Wednesday, there may be few, if any, GOP supporters, and even some politically vulnerable Democrats may vote against the bill, fearing a 2012 backlash.

Americans and Immigration

2010-12-02T04:51:00.000-08:00

In a recent Washington Post article, a condo association was motivated to act on immigration when they learned that the condo maintenance man for 15 years was an illegal alien who was ordered deported. Story here: http://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111606640.html

This just points out the truth of what I know. Americans love immigrants individually, and they dislike them in groups. Why can't these condo owners realize that the "illegals" they want to deport and kick out of this great country are EXACTLY THE SAME as their maintenance man. They are generally nice people who just want a chance to live without fear or want or war or violence.

We should not be upset about that.

Bad news everywhere, but....

2010-11-12T10:01:00.000-08:00

http://www.sltrib.com/sltrib/home/50657159-76/church-immigration-laws-families.html.csp

The Republicans are in charge of the House, and I presume they will block any meaningful immigration reform. But there should be some things that all Americans would support, such as working to keep families together. Some common sense immigration reform could lessen the impact of the 3 and 10 year bars, eliminate the 10 year unwaiveable bar, and return eligibility for humanitarian relief from deportation to a greater number of permanent residents.

Immigration overhaul: Republican senators signal a partisan showdown - latimes.com

2010-11-01T08:08:00.000-07:00

Immigration overhaul: Republican senators signal a partisan showdown - latimes.com

The Repubs want to know how much it would cost to deport every alien that ICE comes in contact with. They are upset that ICE is now dismissing deportation cases against aliens with approveable green card applications.

I know what it will cost: a nation's soul.

That's right. The Republicans do not think we are tough enough on immigration.

VOTE!

USCIS: New Application and Petition Fees Go Into Effect on Nov. 23, 2010

2010-10-29T11:47:00.000-07:00

USCIS: New Application and Petition Fees Go Into Effect on Nov. 23, 2010

Once again, Washington, is increasing the fees aliens pay to apply for ........... everything. It seems there is no downside to increasing fees on the people who apply for immigration benefits. Unless you are a farmworker who must choose to apply for his wife or daughter, because you do not have enough money to pay for both.

The "fee waiver" you hear about is nonsense and has been worthless to the poor people for whom it was intended.

I wish I could help everybody.............but

2010-10-15T07:56:00.000-07:00

Every day I meet people I can help. It is a great feeling to be able to tell someone who has a profound immigration problem, and is sure they will be deported, that their problem will likely amount to some paperwork, some months delay, and a return to their lawful status.

But I have to pick and choose my clients. I see the attorneys who try to help everyone, and I worry about all the client they take. I am much better lawyer when I have a limited number of cases with clients who truly want me as their lawyer.

I am confounded sometimes when my clients don't seem to care about their cases. The only way I've been able to see if the client is serious about fixing their problems is by demanding attorney fees that reflect my skill, the length of time I've been practicing immigration, the good reputation I have earned in my 15 years of practice, and the wonderful customer service that my firm provides.

There are many people, it turns out, who want my help but do not want to pay for it. So please do not be offended if you call me for help and I do not return your call. I must first pay attention to clients I already have, then I can meet with new or potential clients. The new or potential clients that I will see first are those who have made appointments to pay me a small charge for consultation. These people have indicated, by agreeing to pay a consultation fee, that they value what I have to offer, and they are interested in fixing their problems. People who just call and leave questions may never get their calls returned, as I have other priorities which may preclude me from calling them back.

Now after we meet and discuss your case, and I tell you what is available to you, and how you would go about fixing your problem, I will tell you how much it will cost to hire me to help you. This amount that I quote you may be if the larger than you wish to pay. You are not required to hire me. I will be happy to give you the plan I have your case, and I'll be happy to direct you to competent lawyers in Tampa who might be able to help you for less money.

In a perfect world, I would have unlimited time to help my nice immigrant friends, and I would not charge for my time. But this is a world where 15 years after law school I still owe $50,000 in student debt. I have a mortgage to pay, and a wife and three kids to support. I must and will charge what I consider to be a fair price for my time, and I hope you can understand this.

Obama comes through!

2010-08-30T11:47:00.000-07:00

A new memo from ICE explains why the US government will no longer seek to deport those who have pending applications or petitions which could reasonably lead to their permanent residence here in the US.

This is great news because it shows how far the Democrats have succeeded with their attempt to take the focus off of enforcement at any cost, the policy that appeared to be pursued under the previous administration.

http://www.nytimes.com/2010/08/27/us/27immig.html?ref=immigration-and-emigration

How to report suspected victims of human trafficking.

2010-08-16T06:33:00.001-07:00

Human Trafficking

Report Human Trafficking, 24 Hours

To report suspicious activity to law enforcement:
866-347-2423
To reach a non-governmental organization:
National Human Trafficking Resource Center Hotline
888-3737-888

Human trafficking is a crime and a human rights abuse involving commercial sexual exploitation of a child or the use of force, coercion or fraud to compel someone into labor servitude or commercial sexual exploitation. Thousands of men, women, and children are trafficked in the United States every year.

Born in the USA, but not an American? - The Boston Globe

2010-08-16T06:15:00.000-07:00

An interesting article for anyone who has heard about the current movement to strip citizenship from people born here, unless their parents are legally here.

Born in the USA, but not an American? - The Boston Globe

Obama moves on policy.

2010-08-10T13:21:00.000-07:00

President Obama has made moves that show he is interested in showing a kinder face to the unfortunate illegals here. This is just on of the many President Obama can use his law enforcement power to act to save aliens when Congress refuses to act.

Students Spared Amid an Increase in Deportations
"The Obama administration, while deporting a record number of immigrants convicted of crimes, is sparing one group of illegal immigrants from expulsion: students who came to the United States without papers when they were children." Julia Preston, NYT, Aug. 9, 2010.

Immigration Amnesty for some

2010-08-02T08:15:00.000-07:00

The New York Times reports that now illegal immediate family members of US citizens in the military may qualify for parole and may apply for their green cards here. Awesome!

http://www.nytimes.com/2010/08/01/us/01immig.html

Dream the impossible dream

2010-06-10T12:29:00.000-07:00

I have a number of outstanding victories lately that I would like to share with you.

Case #1. A Family torn apart.

USC husband, Mexican wife and two USC kids. They went to an "attorney" in Pinellas and the result of his fine representation was that the wife was banned from the US for ten years with no waiver available. The couple came to hire me. I did not like their chances, but the truth still matters, doesn't it? While we worked on the case the wife and older son lived in Mexico, and the Husband and younger son lived here. This untenable situation was a great motivator.

Among other things we did, we reapplied for permanent residence as the wife of a USC. One year later my client got her interview, where she was able to convince the reviewing officer (thanks to great documentation from the family) that the previous application was wrong, and that she had only been in the US illegally once. Her application for a waiver of the ten year bar based on illegal stay was approved immediately and she returned and is currently living with her husband and two children -- all together like they should be.

Case #2. We are not waiting for the waiver.

My USC client is married to an Ecuadorian. The alien has previous immigration issues and will need a waiver to return. I was hired only to assist with the waiver. While we were working on the waiver, the USC wife refused to put her plans for family on hold had her second child, which she raised along with her first child with her parents help. The husband remained in Ecuador. I worked closely with the wife preparing and submitting the waiver, and I was confident it would be approved.

Imagine my dismay when the employee of the US Embassy took the waiver, and told my client "That's all you got? That waiver is never going to be approved!" After I calmed my client down and let them know that the decision would not be made in Ecuador, but in the central waiver processing office, we settled in for the interminable wait. One and one half years later (and yet another baby for the couple) the waiver was approved, and my client and his reunited family are back together.

Miami CIS - Orlando CIS

2010-05-25T10:44:00.000-07:00

I have now been to the new digs of Orlando and Miami CIS. They are awesome! The offices are large, with ample waiting rooms and plenty of room for people to wait inside (!!) out of the heat and rain while they wait to get in. When will it be Tampa's turn to have the new great office?

My sources tell me that Tampa CIS is close to moving, but they do not know where. Maybe to Brandon to be close to the ASC? Maybe downtown, because there is a glut of space there? As soon as I know, I will let you know.

How many clients can they serve?

2010-04-20T13:14:00.000-07:00

This question struck me the other day when I was in immigration court. I had my usual one client and was well prepared for what I wanted to do at that hearing. I could not help noticing that some attorneys had many clients for each hearing. That must mean they have good business, or their rates are inexpensive, but I wonder what kind of service their clients receive.

All too often I see attorneys immigration court question their clients when the judge asks them "what language does your client speak?" or "where does your client live?". I know this about my clients before we get to court.

I have heard horror stories about aliens who only know that they are at their final deportation hearing on the day of their hearing. I have heard stories about aliens who met their lawyer twice during their entire case, once when they paid him, and once for the final hearing. By the time I am finished with a deportation case, my clients of often had enough of me. with the assistance of my partner Krista, and my assistant Sasha, we meet continually with our deportation clients up until the final hearing date, always preparing for the final hearing. No client of mine is ever surprised on the witness stand, because they've heard all the questions before, from me. In my last case, my client had a list of 178 questions that I expected he would see that day.

I am much more concerned about quality of representation, then the quantity of my clients, and I think that is the proper attitude to have.

Dragon helps me out!

2010-02-01T06:18:00.001-08:00

Forgive me for being absent so long, my friends. It is been a crazy couple of months.

I recently purchased the Dragon voice-recognition software, and I could not be more pleased. This software can even determine what I am saying, which is a step up from our last attempt at voice-recognition software.

New things in immigration:

TPS for Haitians - it's about time that the nice people from Haiti got a break. It is too bad that it took a devastating earthquake to give them that break. This is great news for those from Haiti facing deportation, as this process will stop for a while.

CRI -- comprehensive immigration reform has been presented and is pending in Congress and the Senate. I certainly hope the president is more successful with this endeavor than he was with healthcare reform.

In recent cases, I have won quite a few 240 A(b) applications for my clients, and although the government is starting to appeal every loss, we are undefeated on appeals. You may remember these cases involve non-permanent residents who have been in the US for more than 10 years, who can show exceptional and extremely unusual hardship to their qualifying US citizen or lawful permanent relatives.

At Citizenship and Immigration Services, they remain very leery of every marriage case, and the decisions on petitions to remove conditions remain as baffling as ever. I saw a decision recently, during a consult, where the immigration service officer called the US citizen wife a lesbian, and said this was why he could not approve the case. If your petition to remove conditions has been denied, do not feel special. Too many good people are having their lives disrupted and their bank accounts destroyed because of poor decisions from the local office.

I hope to write more often in the future. Sorry I have been absent for so long.

Neil

Recent photos of happy clients

2009-11-04T11:56:00.001-08:00

and yes, they are posted with my client's consent, of course!

When will Immigration Reform come?

2009-10-30T08:41:00.000-07:00

President Obama has promised that a draft immigration reform bill will be presented to Congress by the end of the year. This is not important to you, of course, if you think it is right that a lawful permanent resident must wait eight or more years to be joined by his wife, when a temporary worker can have his wife come to the US in a matter of weeks. It is also not important to you, if you think that it is fair that a person convicted of a drug crime more than 30 years ago has no right to show that he is a changed person and no threat to the US.

The present immigration system is flawed and vicious. The expansion of the term "aggravated felony" in 1996 made nearly every alien convicted of a felony deportable without relief, no matter how long they lived here, whether anyone was hurt by their crime, or how their family would be affected.

ICE arrests far too many non-criminal aliens, and the private facilities in which they are jailed are a national disgrace. ICE routinely "disappears" aliens, and leaves their family wondering what happened to them for 72 hours or more -- when it would seem easy to let the alien make a phone call.

Bring on that reform Mr. President, and be ambitious about it, for God's sake!

Busy!

2009-09-21T08:46:00.000-07:00

Boy -- it is hard to update the blog when I am busy. As a matter of fact, I thought I had a few moments to tell you about the I-360 aos I handled this morning, or about how another attorney sold out his clients -- but I just had a walk in. A client from 2001 with an emergency -- and of course he takes precedence. More later!

Motion to Reopen Granted!

2009-09-03T14:11:00.001-07:00

Great News! My latest success story is a victory for his country, and for those who think that LPRs should not be arrested and kicked out for missing an interview.

My client is a native of Nicaragua, who has been married to his wife for more than seven years. they have four USC kids together, and she is the one who petitioned for him to get permanent residence in the first place. But -- when the couple failed to appear for their interview for removal of conditions, he was put in deportation proceedings and ordered deported.

Nevermind that the address they sent his notices to was NOT the address he specified as his mailing address on his petition to remove conditions (a cautious man, he wanted to make sure he got his notices, so he got a P.O. Box expressly for that purpose).

Nevermind that the ISO did not notice the mistake when my client failed to show for his interview. Nevermind that the Judge failed to notice that when he ordered my client deported. Nevermind that my client was nearly deported to the wrong country and he has been physically abused the entire month he has been at Krome --and that my client is deaf and they cannot communicate with him at Krome -- this story will have a happy ending.

But, for the love of God! ISOs -- if you have an alien miss an appointment, call the number on the petition! Check the address on the mailing, and make sure it went to the right place! Judges, do not be so quick to believe the government when they state that they sent a notice to the correct address. Check it out for yourself!

Incredibly annoying that they don't know where my client is for his 751 interview. They don't know where he is for his court hearing. But they do know exactly where he is when they want to arrest him.

We are better than this, America!

A tip of the cap to my esteemed colleague at the Chief Counsel's office who chose not to oppose the Motion to Reopen. I hope you do not get in too much trouble for doing the right thing.

The joy of my job

2009-08-25T10:52:00.001-07:00

I had another hearing today, a 212(c) hearing. My case was well prepared, the client did well, and the government attorney was generous, so everything went fine. My client, who was looking at being deported to his home country if he did not show that he was a good man who was unlikely to offend again the laws of the US, was undestandably relieved.

His aged mother and father, his wife and kids, and his brothers and sisters all were quite happy that he got to stay. The IJ was even kind enough to salute my client's six year old daughter, who wrote a touching letter to the IJ that brought my client to tears when he read it aloud at the request of the IJ.

Good times.

237(a)(1)(H) granted!

2009-08-18T09:35:00.000-07:00

My client was returned to her lawful permanent resident status, because the government attorney in the case recognized that relief was appropriate in this case. Congratulations!

No quotas mean good news!

2009-08-18T09:31:00.000-07:00

from the LA Times: "The head of Immigration and Customs Enforcement announced Monday in Los Angeles that he has ended quotas on a controversial program designed to go after illegal immigrants with outstanding deportation orders."

These quotas encouraged ICE agents to go after any alien here without permission, so that they could fill their assigned number of arrests. Their focus should properly be on the aliens who have been ordered deported already, or who have been convicted of crimes that make them a danger to american society.

I have know too many families that were torn apart for no reason lately. Now I know the reason, and I glad to see that the quota system has come to an end.

What is Obama thinking?

2009-08-11T11:28:00.000-07:00

President Obama stated recently that immigration reform, which he called "a priority" must wait until 2010 because of other pressing concerns. He must not know what is going on in the "trenches" of the immigration practice. I have clients who are arrested for nothing, and people who are declared inadmissible for life, because of non-violent crimes committed 30 years ago. Incredibly stupid things are continuing to happen in immigration, and they are now happening on your watch, Mr. President.

Top 5 things that must change in immigration:

1. Bond must be available to all non-criminal detainees. It serves no one to keep non-criminal aliens in custody (and costs the US money). This no brainer should have happened already.

2. The term "drug trafficking" needs to be redefined, so that a drug felony does not make one inadmissible for life. It makes sense to penalize drug traffickers, and who can be against that? But as it is defined now, drug trafficking includes nearly every felony drug crime, and that is incredibly stupid. And how about a time limit?

True fact: Murder someone and you may apply for permanent residency. Get convicted of possession with intent to sell one vicodin, and you may never apply. I have a client convicted of possession of marijuana with intent to sell in 1975. He cannot ever gain permanent residence in the US, because he is a "drug trafficker."

3. More visas need to be allocated to those awaiting permanent residence based on a family preference petition. Do you know that if you are a permanent resident who wishes to have your wife and child join you here, currently you must wait six years before they will be able to come here (unless you are from Mexico, where the wait is 18 (18!) years. You politicos say you want people to come legally. How about making it possible and making the wait less arduous and long.

True fact: If you are here with a work visa, your wife appears at the US Embassy and gets her visa and comes to join you immediately (two to four weeks). If you are a permanent resident, then you wait six years. If you are a US citizen, you apply for your wife and she will be here in 1 to 1 1/2 years. Crazy.

4. Create a retirement visa. It is insane that wealthy foreigners cannot come in here to spend their money without working, unless they want to do it for six months per year. Let them come in and spend, so long as the agree to summary removal if their stay in the US costs the government any money at all, and they provide proof of insurance.

5. Give permanent residence to any alien who has a Masters degree. The European Union currently does this, and they are attracting the best and brightest over there. The US will not maintain its position atop the world based on number of people (China), resources (Russia) and we are currently hard pressed to do it based on education and technology (India). Why not use the thing we have that everyone wants, residency, and use it to get the best and brightest here? This would allow us to poach the best brains from around the world, and allow us to maintain our supremacy abroad.

CIS sure has changed!

2009-08-11T11:16:00.000-07:00

I had a couple inteviews today at CIS. One was an adjustment case that was fairly complicated. My client got voluntary departure and left the US more than 20 year ago and returned illegally after 7 years in his home country. His original application for Permanent Resident was pending from 1996-2006 before it was denied, because he failed to appear for a fingerprint notice. The ISO today (ISO Hon) could not believe it had been pending ten years -- I had to explain to him the "pocket veto" technique of years past when an immigration officer who was not sure what to do on a case could just stick the file in his cabinet and wait.

Clearly such delays are no longer allowed, and CIS gives decisions quickly. Today, for example, my client was told he needed a waiver, because of unlawful presence issues. I was pretty sure that unlawful presence did not apply to my client, and the officer invited me to let him know what I discovered when I returned to my office. I e-mailed the officer and the supervisor (Ms. Warner) two hours later, and let them know what I found, and I was contacted within 5 minutes by the supervisor, letting me know that I was right, and that my client would be approved immediately.

Ten minutes after that I got an e-mail from the ISO, telling me that my client could come down today for his LPR stamp, if he wished. My client, who has been waiting 13 years for his residency, and who has an ill mother in Colombia, does wish to get that stamp today!

I am incredibly impressed with the efforts of ISO Hon and Supervisor Warner. They were never concerned with defending the decisions they made, they just wanted to be right. And that is the right way to do it.

Arrested for being a Muslim

2009-08-05T07:19:00.000-07:00

I know, I know. This kind of sensationalist headline is usually followed by a story that shows that a guy was arrested correctly, and it had nothing to do with his religion.

But in this case, there is no other reason why my client was arrested than his religion. My client entered the US legally, on a B-2 visa. He got married to a US citizen and applied for permanent residence (all perfectly legal and above board).

My client is from a predominantly Muslim country, and he is Muslim as well. When we went to get his permanent residence, at the interview we were informed that he needed to register for NSEERS to get his green card. This was news to me. My client had no duty to register for NSEERS when he arrived -- it was not like he made a mistake and did not register, nor is he an alien who ignored the registration requirements while he lived here. As a new arrival, he would have been registered upon his entry if that was necessary.

Yet, we dutifully made the appointment with CBP and went to register. At registration, my client, a non-criminal 19 year old, was arrested and taken to the Immigration Facility (PRISON) euphemistically named the "Broward Transitional Center". When I last saw my client, he was in a 6' by 6' cell, with a chrome toilet with no seat. My client was shocked and terrified that he was being arrested, and I had no answers for him. It does make no sense.

I questioned the CBP officers and asked if he was being arrested for violating rules -- did he not register when he should have? Did they think his marriage to the US citizen was not real? What did he do wrong?

The incredibly unsatisfying answer they gave me was that he had done nothing wrong, but since he was "out of status", because his B-2 entry expired, they had to arrest him. I pointed out that my client was not deportable, as he was an applicant for permanent residence, but the officer said that was a matter for the Immigration Judge. My client was arrested for being Muslim.

I handle about 100 cases per year which are simple applications for permanent residence in Tampa. Very few of the applicants have current visas or are "in status". No one, except anyone Muslim, apparently, is arrested.

We could not have extended the B-2 while pending an application for permanent residence -- as one must prove that they intend to leave the US soon to extend the B-2.

My client will get his green card and will live here in the future, after being in jail for two to three weeks and dealing with incredible paperwork hassles, but now the actions of my government embarass me and make me wonder who does this arrest serve?

The arrest does not benefit the US, as this kid posed no threat to anyone. The arrest does not benefit the Immigration Court, as they have plenty of cases to deal with. The arrest most certainly does not benefit the US government's image with Muslims in America, who already worry that they are treated differently than everyone else.

Frustrating......................

Two new residents!

2009-07-30T10:50:00.000-07:00

In danger of losing their lawful permanent residence, the lovely mother and daughter here trusted me to prepare and submit their petition to remove conditions.

Today we met with one of the great ISOs at Tampa, and he easily approved the case, finding that my client's marriage to her US citizen former husband was a real and bona fide relationship.

Congratulations my friends! Felicidades mi amigas!

See you in 2011 for citizenship.....

The trouble with Bond and poorly drafted NTAs

2009-07-28T10:06:00.000-07:00

The NTAs (Notices to Appear) they draft in Tampa here are usually not so good, and the failure of the office to draft good NTAs can cause real world problems. Take my recent client, who was convicted of assault and battery and sentenced to probation (no jail time). ICE arrested him and the NTA charged him as an aggravated felon because they said his crime of violence was punished by a sentence of more than one year in jail.

The wrong charge on the NTA affected my client greatly as he was held in KROME with dangerous criminal aliens -- murderers, rapists, drug dealers -- rather than with the aliens he should have been held with.

The wrong charge did not hurt my client for too long, and I got him qualified for bond Friday morning, with the assistance of the wise ACC Michael Mansfield. The aggravated felony charge (which normally forbids bond) was ignored by Mr. Mansfield and a reasonable bond was set. I had the bond paperwork in my hand at 8:15 a.m. My client should get out that day from KROME easily right? Right?

Not so easy. Although the IJ ordered bond at 8:15 a.m., the Deportation Officer in Miami in charge of my client's case did not have the paperwork for the bond until close to 2 p.m. My client's father, who was at Tampa CIS waiting to provide the bond, had to just sit and wait from 10 a.m. to 2 p.m. until they finally let him post bond. I have to acknowledge the great work by Tampa ICE making sure that my client got released the same day from KROME, as generally bond provided that late does not ensure a same day release.

My client was free at 8:45 p.m. His father was there waiting to pick him up. Now we will go to Orlando to return my client to his lawful permanent resident status.

I-751 nonsense

2009-07-21T13:07:00.000-07:00

People who receive permanent residence based on a new marriage receive a green card good for two years. Within 90 days of the end of the two year period, the couple must file a form I-751, a petition to remove the conditions upon residence.

It is a fairly simple thing to file if the couple is still together. You file proof that the marriage continues, and CIS will either grant the permanent green card or call you in for an interview.

It is a fairly simple thing to file if the couple is divorced. The alien needs to file proof that the marriage was real, and CIS will most likely call the alien in for an interview.

BEWARE -- if you divorce within two years of gaining your lawful permanent residency, CIS may presume that your marriage was fake, and the burden will be entirely on you to show that it was real. If you divorce more than two years after you got your residency, it is presumed that your marriage is real, and the burden is on the government to show that it was false if they want to take your green card away.

The problem with I-751s has always been that CIS does not know what to do when you file as a married person and then divorce prior to your I-751 interview. Tampa CIS's view has been recently that your joint I-751 must be denied before you can then file a new I-751 on your own. Now a memo from CIS HQ (Neufeld, Acting Assoc. Director) shows that a joint petition may be changed to a waiver petition by request of the alien. This commonsense view is long overdue, and actually returns CIS to the policy INS had from 1999 - 2002 (or thereabouts).

This change change change would be comical if it did not affect so many people's lives. I have had clients who filed three separate I-751s before CIS would give them a decision on their marriage. I also know too many who never knew their joint petition was denied because the notice denying the petition and the notice sending them to Immigration Court was sent to the marital address (where they no longer lived). They learned about the denial when ICE came to arrest them (because THEN CIS knew where they lived).

Can we not have a form that allows married couples and unmarried aliens to petition for removal of conditions, that does not have all these loopholes and "gotcha's"? It should be enough to keep the green card if an alien, married or unmarried, can prove that the marriage was real.

The new memo helps some, but we really need a new form.

Know your attorney

2009-07-16T07:37:00.000-07:00

With so many tools at your disposal, it is hard to understand why some people do not knw whether or not their attorney is a good guy or not.

How to check your attorney's (we will call him "Bobby Lawyer") reputation:

1. Google "Bobby Lawyer complaints"
2. Check the state bar website. This will tell you (in Florida) only if he is a member of the bar--and if he has any disciplinary history it will show here -- here it is http://www.floridabar.org/tfb/flabarwe.nsf
3. go to http://avvo.com and find your lawyer -- this is a website that allows lawyers and clients to post their thoughts on practicing attorneys. You cannot pay to have a better rating, nor can you influence the site by advertising.
4. Talk to your friends, family and others you know, and see if anyone knows about this lawyer.
5. Ask many questions of your lawyer when you meet him. If he is insecure in the least about his knowledge of the subject you are discussing, he will be upset that you dare to question him.

By following these simple steps, you can most likely find out if hiring the lawyer you are considering is a good or bad idea. Good luck!

Legal slavery -- thanks to Congress

2009-07-14T11:33:00.000-07:00

If one would like to have a slave in the US, Congress has graciously allowed US citizens to apply for their fiancees using the K-1 visa! When an alien enters on this visa, they must marry their US citizen spouse within 90 days, and then they can only get their permanent residence through adjustment of status through that person -- and not through anyone else.

That means, to those of you with evil inclinations, that you may bring your fiancee here, marry her, and then keep her in bondage by refusing to apply for her green card. Your fiancee will have to keep you happy, and hope that in the future you will apply for her -- or she can go home.

There are a few means clever attorneys may use to get around the K-1 entry restriction, but why does it exist in the first place? A spouse who comes over to join her US citizen husband may divorce him on shortly after arrival in the US and keep her green card or get a different green card from another spouse.

Surely the K-1 entrant can be judged as may be the spouse, and we may look to their behavior after they entered the US to determine whether or not they intended to meet and marry their betrothed. There is no need for this ridiculous rule for only fiancees.

In my career as an immigration attorney, I have seen the K-1 visa misused a great deal, and it has been my pleasure to save some nice aliens from their US citizen spouses, despite the K-1 restriction. But if there is no great reason for the restriction, why does it still exist?

The new law

2009-07-07T09:36:00.000-07:00

People always ask me what the new law will be, whether it will affect them, and how they will apply for it. All I can say is "I have no idea."

There are many competing bills in Congress. Here are the new bills dealing with immigration introduced in June 2009.

from AILA InfoNet Doc. No. 09070666 (posted Jul. 6, 2009)

People Resolved to Obtain an Understanding of Democracy Act, or PROUD Act (H.R. 2681)Introduced by Rep. Baca (D-CA) on 06/03/09Summary: To amend the Immigration and Nationality Act to provide for naturalization for certain high school graduates.

Employee Verification Amendment Act of 2009 (H.R. 2679)Introduced by Rep. Giffords (D-AZ) on 06/03/09Summary: To extend certain immigration programs, and for other purposes.

Reuniting Families Act (H.R. 2709)Introduced by Rep. Honda (D-CA) on 06/04/09Summary: To amend the Immigration and Nationality Act to promote family unity, and for other purposes.

Criminal Alien Accountability Act (H.R. 2837)Introduced by Rep. Issa (R-CA) on 06/11/09Summary: To amend section 276 of the Immigration and Nationality Act to impose mandatory sentencing ranges with respect to aliens who reenter the United States after having been removed, and for other purposes.

Orphans, Widows, and Widowers Protection Act (S. 1247)Introduced by Rep. Menendez (D-NJ) on 06/11/09Summary: A bill to amend the Immigration and Nationality Act to promote family unity, and for other purposes.

H.R. 2954Introduced by Rep. Quigley (D-IL) on 06/18/09Summary: To amend the Immigration and Nationality Act to extend the authority of the Secretary of Homeland Security to waive certain requirements under the visa waiver program for an additional 2 years.

Filipino Veterans Family Reunification Act of 2009 (S.1337)Introduced by Rep. Akaka (D-HI) on 06/24/09 Summary: A bill to exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas.

Note: Each week hundreds of bills are introduced into the House and Senate, and the likelihood of any particular bill moving is usually very small. The bills posted on this page represent all immigration-related legislation introduced this week, not legislation AILA believes is important or likely to succeed.

Other Immigration Attorneys

2009-07-01T12:40:00.001-07:00

I have but one criteria when it comes to what I think of other immigration attorneys, and that is that they must care about their clients, and what happens to them. I can forgive mistakes, and I know that everyone, even me, was new once, but I will not forgive those who represent their clients poorly because they do not care.

Example: When my clients go to their final hearing in deportation proceedings, they have met with me and my associate attorney three to six times to prepare for the hearing. They have a written list of what questions I will ask, and they know my estimation of what the government attorney and the Immigration Judge will be most interested in that day. They know what will happen, where they will sit when they are answering quesitons, and they know how to dress and how to sit to look their best.

I know for a fact that some aliens with attorneys do not know that their final hearing is their final hearing until the Immigration Judge tells them when they are standing before him. They have not prepared for the hearing, and they did not know they would be asked questions.

Who do you think has a better chance of getting the relief from deportation that they seek?

For my adjustment of status clients, we have a pre-meeting in my office where we collect and copy bona fide marriage evidence, and review the file and prepare for the interview. We discuss questions that may be asked, and I tell my clients exactly what will happen when at their interview.

That is why most of my clients have a pleasant time at CIS, and why they most often leave with the stamp in their passport showing they are now lawful permanent residents, like the wife of the couple here:

More satisfied clients! Damn -- I love my job.

The role of the Assistant Chief Counsel

2009-06-25T11:02:00.001-07:00

The Assistant Chief Counsel ("ACC") is the attorney who represents the interests of the US government in removal proceedings. The correct role of the ACC is not to act as prosecutor but to see that the law is correctly applied and that relief from removal is given only to those who deserve relief. I have had the pleasure of working with many great ACCs during my years of practice, including current Immigration Judge James Grim, and ACCs John Seaman, Manuel Ramirez, Richard Jamadar, Ann Holbrooke, Yon Alberdi and Mark Martinez, to name but a few.

Why then, do some ACCs see their job as incomplete unless someone is deported? Some ACCs seem to view their job as prosecutor for the government. They will concede no relief to any applicant, even if the evidence is clear and the Immigration Judge indicates he will rule for the alien.

An ACC recently appealed a decision of the IJ in one of my cases, where my clients were appealing for relief based on extreme hardship. The wife of the family already has a green card, so if the husband and kids get green cards, the US gains a legal, tax paying family, and the US is not harmed because my clients are not law breakers or bad people. The ACC appealed the IJs ruling of relief in the case, saying that he misapplied the "extreme hardship" standard.

The practical effect of the appeal was that my clients had to hire me, again, to handle the appeal for them, but what does the ACC win if he wins his appeal? He wins a family torn apart, where the mother must remain in the US without her husband and kids, if she wishes to become a US citizen so that she can petition for them to return. He wins the return of the husband and kids to the hellhole they left at great risk 10 years ago to come to the US. He wins nothing.

I am sure the ACC in that case can assure himself that he bears no grudge against the alien, and he would tell me that he is just doing his job, and trying to make sure the law is properly applied. And I would say, "it may be legal, but that doesn't make it right."

There are still nice Immigration Officers

2009-06-24T11:21:00.000-07:00

Had a great interview today with a nice Immigration Service Officer. There are those who work for CIS who think that their job it to be tough, and to deny applications that are not easily approvable. The love to cite "Matter of Brantigan" when denying cases that are not established to their satisfaction. While their denials may be proper, that does not mean that they are right.

The officer today went out of his way (again) to tell my clients, who were previously represented by an attorney in Miami, that they needed to prove that a waiver was justified in their case. He explained at length what the waiver was for, and explained that although they come from a poor and dangerous country, that is not enough, on its own, for a successful waiver application. Their previous attorney had submitted a one page letter by the wife, broken into three bulletpoints, about the hardship she, and her four children, would suffer were her husband denied his lawful permanent residence. The letter from the wife (written by the lawyer, I imagine) even misspelled the name of the husband.

This one letter, by itself, constitutes a terrible application for a waiver that must be denied, regardless of the hardship one could properly assume for one from a country so poor and dangerous.

This nice Immigration Service Officer was entitled to deny the waiver and send these people on their way (see "Matter of Brantigan"), but he decided to bring the people back in so that he could explain the waiver requirements to them again. Uncalled for, incredibly nice, above and beyond the call of duty, and a credit to this officer and his office.

Green Card delays

2009-06-23T10:34:00.000-07:00

Bad news for new lawful permanent residents as green cards, which used to come a mere three to four weeks following approval -- will now take some time longer as CIS "improves" the green card making process. How come all of their improvements do not improve anything?

From uscis.gov

Permanent Resident Card Production Delays

USCIS is announcing that applicants may experience up to an eight week delay in the delivery of their permanent resident card while we are in the process of upgrading our card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. You will need to take your passport to your appointment. If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.

If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.

The greatest part of the job

2009-06-22T08:06:00.001-07:00

I enjoy the fact that by doing my job well I reunite families and help people live in the greatest country in the world. What I really enjoy, though, with a kind of oversuperior relish, is helping people who have already been told by other immigration attorneys that they have "no chance" at relief from deportation. There is nothing better than to take a frightenened and tormented individual and tell them they have nothing to worry about, because the immigration law provides relief for them. I am not able to do this in every case, but I am able to do it often.

In one of my favorite cases, my client came to see me after she saw a well known Tampa immigration attorney. She was in deportation proceedings because she lied about being unmarried at the time she got her green card (she was married, and not eligble for the green card). The other attorney told her there was nothing she could do, and he encouraged her to make plans to leave the country. When my client got home from the consultation with this lawyer, she got a phone call from a realtor, who wanted to know if she needed help selling her home. She believes that the realtor was told of her situation by the lawyer she met, which would be a shocking violation of attorney-client priviledge.

My client came to see me for a second opinion (thank God!) and I was able to tell her that she was going nowhere, she did not have to make plans to leave, and that I would help her regain her lawful permanent residence. My client is again a permanent resident, waiting for citizenship, and she and her family never had to move. I love this job!

Marriage Interviews at Tampa USCIS

2009-06-18T09:45:00.000-07:00

One who has applied for adjustment of status ("AOS") as the spouse of a US citizen will be invited to what is called an AOS interview at their local USCIS Office. In Tampa the alien files are screened for fraud indicators, i.e., evidence or material in the file that could show the presence of marital fraud, and then the officer conducts the interview. USCIS will also review public records evidence, to see if it tells them something different than the applicants are saying.

In some cases the officer will see each spouse separately, and will ask questions designed to discover if the marriage is real or is one entered into solely for immigration benefits. Some sample questions are:

where do you shop for groceries?
what is trash day in your neighborhood?
who sleeps on which side of the bed?
who got up first this morning?
what did you do last weekend?
how did you celebrate your husband's birthday?

The questioning can last a significant time. So long as the Immigration Service Officer ("ISO") is reassured that the marriage is real, the interview will continue. In some cases, the ISO is not reassured, and the case and the people are turned over to the fraud specialists at USCIS.

That is where an interview can get uncomfortable. It would not be unusual for fraud detection officers to use police-like techniques on applicants and their spouse to determine if the marriage is real or not. Tampa USCIS is very good at finding fraud, and if you commit fraud and are caught you will never get a green card here in the US.

Without a finding of fraud, the applicant and spouse will then provide documentary evidence that their marriage is real. This evidence may consist of:

Photos from vacations, holiday gatherings, and from visits with friends and family;
Envelopes showing that both receive mail at the marital address;
Driver’s license showing the same address;
Statements from joint credit accounts;
Statement from joint bank accounts, with canceled checks signed by the both spouses, evidencing an active account;
Joint tenancy in the marital home, shown by lease or mortgage documents (i.e, deed, mortgage, note, title policy, homeowner’s insurance)
Cable, phone, water and electricity bills mailed to the home address which show "Mr. & Mrs."
Joint tax returns (if applicable);
Joint health insurance;
Joint car insurance (copy of most recent policy showing both drivers)
Evidence showing that spouses have named each other as beneficiaries of life insurance policies;
Evidence showing that spouses have named each other as the person to contact in case of emergency at your place of business;
Affidavits from friends, neighbors, and relatives showing that they know of the good marriage and how they know about it (i.e. "We play bridge every Thursday night at their home"). The writers should also state how long they have known about the relationship. The affiants will have to include their signature, address, printed name, and phone number. If possible, the affidavits should be notarized.
Copy(s) of birth certificate(s) for all children born to this marriage

If you are prepared for your interview with ample evidence, and your marriage is real, you should not have too much difficulty. If you want to be sure that you will be treated fairly and that you will have your best chance of success you will hire a competent immigration lawyer to represent you at the interview.

Americans and Immigration

2009-06-17T08:21:00.000-07:00

From what I have seen, those who do not like immigrants do not know any immigrants. Everyone I meet dislikes immigrants in the abstract, but beleive that their friend "Jose" from Mexico should be allowed to stay here with his family and kids because he is a good guy.

Shocker! They are mostly good guys and good girls and all they want is a chance to make a nice life for themselves and their families in the US. If you could see the places they come from and where they lived, slept, and where they got their drinking water from you would understand their desire to climb any obstacle, and endure any hardship to live where their children will have a chance at a decent life.

If you are a US citizen upset about these people coming over here and "stealing your job," I have to tell you something. If you and an illegal immigrant are trying to get the same job, and you, with your US education and legal work papers and ability to read and write English cannot beat out the alien for the job -- you have bigger problems than immigration to worry about.

Our great country was founded as a melting pot of different peoples coming together to form one country. Aliens are not a threat to us, our way of life, or to your job. Let's make legal the aliens who are here and go forward with our lives.

General Information about local immigration

2009-06-16T09:35:00.000-07:00

The main Citizenship and Immigration Services ("CIS") office is located at 5524 West Cypress Street, Tampa, FL 33607. There is no phone number for the public. You may make an appointment to speak with an immigration information officer by going to www.uscis.gov and utlizing the Infopass system. This CIS office handles the following counties: Citrus, Charlotte, Desoto, Hardee, Hernando, Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, and Sarasota.

Typically appointments are made at this office for people having interviews for purposes of attaining lawful permanent residence or citizenship. There is an office of Customs and Border Protection located at the same office, and I encourage people who are illegally present or who have been ordered deported in the past to NOT got to the office for any reason.

Few applications are filed at the local office anymore, but applicants may make appointments there to check on the status of their filed and pending cases.

Remember that the Immigration Officers you see are human, and that they are unlikely to respond well if you treat them poorly. It is in your best interest to dress well, smell good, and to treat the Immigration Officer well at any appointment you have.

The main benefit a competent immigration lawyer will bring to your interview is that you will be prepared in advance for questions you will get, and that the lawyer will be there to keep a record of the entire interview. A competent lawyer will also never let you file an application that will result in your arrest and possible deportation.

Neil F. Lewis -- Tampa Immigration Attorney since 1997

2009-06-16T09:09:00.000-07:00

I have been an immigration attorney since 1997, and have only focused on immigration law since I started my own practice. I am a graduate of the University of South Carolina, where I got my B.A. on Journalism, and then I went on to the College of William and Mary for law school, graduating in 1996. I moved to Tampa and had a job with a local attorney for a short time before opening my own practice in 1997.

I love practicing immigration law, because it is one of the few fields in the law where I can help people without hurting other people. When most lawyers win, someone else loses. When my clients win, they win and the US wins as well.

I am active in the American Immigration Lawyers Association, and held a variety of leadership posts back in 2000 - 2003. I have three lawyers at my law firm, and we primarly handle removal/deportation, family immigration and adjustment of status, complicated waiver issues and applying for people to return after deportation, and we handle all business immigration issues.

I offer a free initial consultation, and I like to only be hired when I can do something for my clients. Regrettably I cannot win every case I take, but I pride myself on giving my clients a realistic expectation of their chance for success when they hire me for a case.