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!

Feels like the first time!

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

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

When will Immigration Reform come?

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!