Great victory -- probably

I recently had a great victory in immigration court. But it was not so much a victory for me as it was for my country. My client came to me about a year ago. He was an illegal alien who had been present in the US for 15 years. His wife, for much of that time, was a US citizen. She never took any steps to gain his permanent residence. The couple had two children, boys, eight and 12. When I met my client his children were being held illegally out-of-state by his US citizen wife who assured him that his lack of status meant that she kept the kids and that the bully wins.

Not while I have anything to say about it.

I encouraged my client to contact a family attorney to get the return of his kids. He did have them pursuant to a lawful court order, and his wife's seizure of his children was against the law. The fact that he had no legal status here did not make any difference, I am happy to say. The children were returned to him within a reasonable time.

My client initially had custody of his kids because a judge in another state had found their mother to be dangerous and hazardous to them. For the same reason I believed the US government would look favorably upon application for cancellation of removal from my client. This application requires my client to prove he has been here more than 10 years, and that his deportation would work an exceptional and extremely unusual hardship upon his US citizen children or spouse.

Once we collected evidence in the case, it appeared clear that my client saved his children from a very dangerous mother. We went to court, explained the circumstances, and I am very confident that when the judge makes his decision we will win (bizarre court rules mean he cannot rule until October). It is not often that I am so proud of the people I represent. But something about this client was special to me.

One of the great things about being an immigration attorney is seeing how important it is to some parents that their children have a chance at success.

An education in immigration

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.

Proper focus of my business and life

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!

September 2011

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

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

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.

Dragon helps me out!

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

Motion to Reopen Granted!

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.

Arrested for being a Muslim

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......................