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.

The case against speaking

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.

Marriage Interviews at Tampa USCIS

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:

1. where do you shop for groceries?
2. what is trash day in your neighborhood?
3. who sleeps on which side of the bed?
4. who got up first this morning?
5. what did you do last weekend?
6. 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:

1. Photos from vacations, holiday gatherings, and from visits with friends and family;
2. Envelopes showing that both receive mail at the marital address;
3. Driver’s license showing the same address;
4. Statements from joint credit accounts;
5. Statement from joint bank accounts, with canceled checks signed by the both spouses, evidencing an active account;
6. Joint tenancy in the marital home, shown by lease or mortgage documents (i.e, deed, mortgage, note, title policy, homeowner’s insurance)
7. Cable, phone, water and electricity bills mailed to the home address which show "Mr. & Mrs."
8. Joint tax returns (if applicable);
9. Joint health insurance;
10. Joint car insurance (copy of most recent policy showing both drivers)
11. Evidence showing that spouses have named each other as beneficiaries of life insurance policies;
12. Evidence showing that spouses have named each other as the person to contact in case of emergency at your place of business;
13. 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.
14. 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.