Immigration Law and the Ever Expanding Debate

Now that my firm is up and running, my law partner and I have started to see a very large trend in connection with the type of inquiries we receive.  As you can probably guess by the heading of this particular post, many of the inquiries we get are regarding immigration issues.

We have generally received calls on two main areas of immigration law:

1.  Removal Cases; and

2.  Visa/Green Card Cases.

What is very interesting to me is that the processes for these types of cases is completely different from one and other.   I will start by discussing the Removal cases first then move on to an abbreviated explanation of the Visa process.

Removal Cases

The process of removal has changed in the last few years.  This can be attributed mainly as a security enhancement due to the effects of 9/11.  However, with the change it has become increasing difficult to be a permanent or any visa'd alien in this country.  Mainly because any felony now may result in the initiation of a removal proceeding.  This is the case even in situations where the resident has been a law abiding citizen for many many years.

The process itself is similar to any other trial.  The alien receives a notice that DHS (Homeland Security) has initiated removal proceedings and that the alien must show up for a Master Calender Hearing.  At this hearing the alien is made aware of the ability to receive legal counsel, the legal assertions for removal by the DHS, and the schedule of the proceedings hearings.  The trial-like proceedings continue to prove or disprove the alien's removal status.

One of the most popular options in the past to beat these proceedings was citizenship through marriage.  However, this process has been made incredibly difficult for many as well.  The burden of proof on the couple (and especially the alien in removal) is a bonafide relationship as proven by "clear and convincing" evidence.  For the lay person this is essentially the highest evidentiary burden in existence.  Therefore, it is pertinent that someone making this argument has direct evidence or shared living, bank accounts, etc.  Without these forms of evidence it is more likely than not that DHS will refuse to grant the marriage petition.

Moving on...

Visas/Green Cards


The Visa process has also become more difficult to navigate since 9/11.  In many ways, the rules have gotten tighter for those looking to receive entrance.  For instance, family members are now sorted into categories of preference when it comes to visa issuance.  To obtain an immigrant visa for a cousin is much more difficult than getting one for someone's mother.  Additionally, the process, fees, forms, and documentation of support are often misleading and confusing.  For example, most accepted initial petitions are then followed by a fee and filing of an affidavit of support.  However, there are an upwards of 5 to 6 documents promulgated by the USCIS (who is in charge of immigration) entitled "Affidavit of Support."  This makes the process difficult for someone who has little education or, as in many cases, zero understanding of the confusing requirements.

Therefore, my suggestion (even though semi-self-serving) is that you seek legal help with these matters because what may seem simple at first glance can become a mountain of paperwork.  With the help of an attorney the process can be broken down into explainable chunks.