Musings on Immigration

A removal order in your record will not allow you to get a green card. Sometimes, people do not know that a Judge issued a removal order against them in the past. The removal order may be decades old or may be as recent as this week. The reasons are many: their attorneys did not inform them of their hearing dates, so they did not show up at the hearing; they never received the hearing date in the mail; they intentionally missed the hearing; etc. The remedy to getting rid of this removal order will depend on the reason a green card applicant has that order in the first place. A consultation with an attorney can shed light on the type of evidence the applicant will need to ask a court to terminate the removal order. Sometimes motions, forms, and proper evidence need to be filed with the court that issued the removal order. Judges do not take these motions lightly and it is highly discouraged to file several motions in a given case for fear of giving the impression that the applicant...

No. An attorney who only reviews and fills out forms is not only acting unethically but is also doing you a disservice. When an attorney signs an immigration form he or she has duly reviewed and prepared, this attorney is certifying that all information on the form is correct and is assuming responsibility for the case. An attorney who does not sign a form he has reviewed is not accepting responsibility for his work and is not trustworthy. In fact, notarios do the very same thing when they fill out forms on behalf of other people. Mistakes happen when people avoid consulting with an attorney (or fail to hire the attorney) to review their case because no case is the same, and not everyone will complete a form with the same information or provide the same type of evidence to Immigration Services or the Court. Attorneys are bound by the Code of Federal Regulations ("CFR") to sign all forms they have prepared and reviewed. The CFR (which is the authority attorneys follow...

No; but the reason you missed your hearing is important. Most of the time (at least in Atlanta, where our firm is), if a person does not show up to his or her hearing, the Immigration Judge will order this person removed (or deported). A person who is removed without having attended his hearing has an in absentia order and only exceptional circumstances will make the Immigration Judge reopen that person's case and continue proceedings.  Examples of what can be considered "exceptional circumstances" are: lack of notice (the Court sent you a hearing notice in the mail but you did not get it and it is not your fault), ineffective assistance of counsel (your attorney at the time did not communicate to you the date of your hearing and as a result, you missed it), medical issues (for example, you happened to be in the hospital the day of your hearing and there was no way you were able to physically attend).  How do you know if the Court did in fact mail you a copy of y...

Immigration Court can be a very tricky proceeding, made even more complicated when an individual is detained.   Typically when someone is detained, in order to obtain a bond from a judge, move forward in court, or have a case reopened, a detainee must be eligible to file an application seeking a green card, asylum, or some other permanent form of relief.   There have been countless requests made to judges in Atlanta where the person is eligible to file for Deferred Action for Childhood Arrivals (DACA) or to pursue the provisional waiver program (applications not reviewed in court), but a judge denies the request and only allows for voluntary departure or an order of removal.   The situation is compounded further because detainees are simultaneously denied bond as well. The argument has been made before immigration judges that DACA or eligibility to apply for a provisional waiver is a form of relief and eligibility to apply should warrant a continuation of proceedin...

Going through the immigration removal process can be daunting and will likely cause many, many sleepless nights.   The same questions are often considered over and over again – what will happen if I am deported?   Will my family stay in the U.S.?   Will they return to my country with me?   If not, how will I support them?   How will they support themselves?   These are the questions that plague the individuals and family members of those going through this frightening process, often times having relatively little time to prepare for all of these life-changing decisions.   So, what happens when the immigration judge tells you that you may not be eligible to file an application before the court to remain in the U.S. and you’re facing imminent removal, or an attorney informs you that you can file an application but you don’t have a very strong case?   There was a time when that often amounted to hoping for as much time in the U.S. as possible. ...

by Danielle Conley , Partner It is safe to say that although October has been quite a busy month in Immigration Court, it has been well worth it!   Just today, I won my sixth of six merit hearings on behalf of six different individuals and their families who now have the privilege of remaining together in the United States!      It all started on October 2, 2012, when the Atlanta Immigration Court correctly found that a mother and son who were both in removal proceedings were each in their own right entitled to green cards in the United States as a result of the impact that their loss would have had on the mother’s two teenage daughters.   Her eldest son became the man of the family after they were devastated by the deportation of their father in 2008, and the judge simply could not bear the thought of the emotional impact on the two girls if they then lost their mother and brother after everything they have already been through.   ...

Time after time the phone in my office rings with the same story. “My husband / fiancé/ brother/ friend/ cousin was just arrested…we went down and paid the bond at the jail but we told that we couldn’t get him out because immigration has a hold on him. Is there any way we can get him out…?” My hear sinks with each phone call and I gear myself up to give them the bad news. “Well the problem is immigration will not consider giving him a bond until all his criminal issues are resolved. Once all his criminal issues are taken care of, meaning his charges are dismissed or he is found guilty and serves his time in jail, immigration then has 48 hours to come pick him up and place him in their custody. Once he is in immigration custody immigration might consider giving him a bond. A lot of it depends on what happens during his criminal case. When immigration is considering giving someone a bond they look at their criminal history, ties to the community, possible relief under immigration law...