Obama Immigration Law Reform
President Barack Obama recently announced that he expects to have a new immigration law proposal in Congress by the end of the year, but that there will not be a new immigration law in effect until next year. He stated that there needs to be "a pathway to citizenship" for millions of illegal immigrants in the United States, and that the system must be reworked to avoid tensions with Mexico. Without it, he said, Mexicans will keep crossing the border in dangerous ways and employers will continue exploiting workers. "We can create a system in which you have . . . an orderly process for people to come in, but we're also giving an opportunity for those who are already in the United States to be able to achieve a pathway to citizenship so that they don't have to live in the shadows,"
This gives hope to many immigrants in the U.S., legal or illegal, documented or undocumented, as a new immigration law could effect not only the millions of illegal aliens or undocumented workers in the U.S., but also their families. Many family members of undocumented immigrants are lawful U.S. citizens, especially their U.S. born children. Even though an illegal alien may have a U.S. citizen immediate family member, the U.S. immigration law does not provide a clear path to legalization.
Under the current law, most illegal or undocumented immigrants must return to their home country before they can become legal in the United States. The problem that this creates is that once the person departs the U.S. to comply with the law, another section of the law bars them from returning for 10 years or more. Unfortunatley, many immigrants, in attempting to comply with our laws, leave the U.S. with the hope of returning through family sponsorship, only to learn at their visa interview at the U.S. consulate, that they are barred for ten years because of their previous unlawful presence in the U.S.
With hope that there will be immigration reform within the next two years that will provide “a pathway to citizenship,” many immigration lawyers are reporting that many immigrants are choosing to remain in the U.S., albeit illegally, rather than return to their home country and risk being barred for 10 years.
www.ImmigrationLawyerMN.com
Thursday, August 13, 2009
Monday, July 27, 2009
TPS for Somalia
www.cundyandmartin.com
18-Month Extension of Temporary Protected Status for Somalia.
U.S. Citizenship and Immigration Services (USCIS) today announced that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for nationals of Somalia from its current expiration date of Sept. 17, 2009 through March 17, 2011.
18-Month Extension of Temporary Protected Status for Somalia.
U.S. Citizenship and Immigration Services (USCIS) today announced that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for nationals of Somalia from its current expiration date of Sept. 17, 2009 through March 17, 2011.
Thursday, July 23, 2009
Reopen In Absentia after Departure Deportation
The Board of Immigration Appeals - BIA, has held that an alien’s departure from the United States while under an outstanding order of deportation or removal issued in absentia does not deprive the Immigration Judge of jurisdiction to entertain a motion to reopen to rescind the order if the motion is premised upon lack ofnotice.
See: Matter of Olivia BULNES-Nolasco, RespondentFile A074 374 363 - Hartford, ConnecticutDecided July 23, 2009, http://www.usdoj.gov/eoir/vll/intdec/vol25/3651.pdf
www.cundyandmartin.com
See: Matter of Olivia BULNES-Nolasco, RespondentFile A074 374 363 - Hartford, ConnecticutDecided July 23, 2009, http://www.usdoj.gov/eoir/vll/intdec/vol25/3651.pdf
www.cundyandmartin.com
Thursday, July 9, 2009
Am I a Citizen of the United States?
Am I a Citizen of the United States?
By Immigration Lawyer Minnesota Vincent Martin
Many people are citizens of America by birth or through some other part of the immigration law and don’t even know it. If you are a citizen by law, you do not need to take the citizenship and naturalization test through the INS or U.S. Citizenship and Immigration Services. Even if you have no documentation or consider yourself an “illegal alien” for example, no green card, no visa, no immigration paperwork, if you are citizen by law, your lack of documentation does not change the fact that you are a citizen – you just need proof of it.
Keep in mind that this article does not address amnesty or other types of laws that grant people immigration status. This article talks about the possibility that you may be a citizen by virtue of your parents’ or grandparents’ U.S. citizenship, or your place of birth.
The laws that determine whether you are a citizen automatically under the law have changed over the years. Under most circumstances, if you were born in the United States, you are a U.S. citizen. But in some instances, even if you were not born in the U.S., you may still be a citizen.
If you were born outside of America, the law typically looks to the law that was in effect at the time of your birth, your parent’s birth, your grandparent’s birth, etc. In some instances, merely being the child of a U.S. citizen makes you a citizen no matter where you were born, but in other instances the law requires that your American parent have resided in the United States for a period of time before citizenship can be automatically bestowed on you. Another factor to consider is whether your parents were married at the time you were born. The immigration law regarding children born out of wedlock can determine whether you received citizenship automatically or not.
If you were not a citizen at birth, you may have acquired citizenship through your mother or father when he or she became a citizen or naturalized. This typically requires that your parent naturalize before your 18th birthday. For example, if you have a green card and you are under 18 at the time that you parent becomes a U.S. citizen, you may have received citizenship automatically along with your parent, even though you don’t have documentation of it. In this case, you would not need to take the citizenship test, you would simply apply for a certificate of citizenship. The Child Citizenship Act of 2000 (CCA) would be the applicable law.
If you think that you may already be a citizen by law, you should contact an immigration attorney to get a legal opinion about your case. If you simply show up at the border, airport or other immigration office and merely try to claim citizenship without proper proof, the immigration service will send your case to the immigration judge and essentially place you into deportation. You will then have to prove your claim to the judge. With proper planning, if you have a legitimate claim to citizenship, you may be able to avoid the deportation process by receiving a certificate of citizenship or U.S. passport.
Vincent Martin is an immigration lawyer at Cundy and Martin, LLC, in Bloomington, MN. As an immigration attorney, his practice is devoted exclusively to immigration law. Vincent may be reached at 952-746-4111 or www.cundyandmartin.com .
By Immigration Lawyer Minnesota Vincent Martin
Many people are citizens of America by birth or through some other part of the immigration law and don’t even know it. If you are a citizen by law, you do not need to take the citizenship and naturalization test through the INS or U.S. Citizenship and Immigration Services. Even if you have no documentation or consider yourself an “illegal alien” for example, no green card, no visa, no immigration paperwork, if you are citizen by law, your lack of documentation does not change the fact that you are a citizen – you just need proof of it.
Keep in mind that this article does not address amnesty or other types of laws that grant people immigration status. This article talks about the possibility that you may be a citizen by virtue of your parents’ or grandparents’ U.S. citizenship, or your place of birth.
The laws that determine whether you are a citizen automatically under the law have changed over the years. Under most circumstances, if you were born in the United States, you are a U.S. citizen. But in some instances, even if you were not born in the U.S., you may still be a citizen.
If you were born outside of America, the law typically looks to the law that was in effect at the time of your birth, your parent’s birth, your grandparent’s birth, etc. In some instances, merely being the child of a U.S. citizen makes you a citizen no matter where you were born, but in other instances the law requires that your American parent have resided in the United States for a period of time before citizenship can be automatically bestowed on you. Another factor to consider is whether your parents were married at the time you were born. The immigration law regarding children born out of wedlock can determine whether you received citizenship automatically or not.
If you were not a citizen at birth, you may have acquired citizenship through your mother or father when he or she became a citizen or naturalized. This typically requires that your parent naturalize before your 18th birthday. For example, if you have a green card and you are under 18 at the time that you parent becomes a U.S. citizen, you may have received citizenship automatically along with your parent, even though you don’t have documentation of it. In this case, you would not need to take the citizenship test, you would simply apply for a certificate of citizenship. The Child Citizenship Act of 2000 (CCA) would be the applicable law.
If you think that you may already be a citizen by law, you should contact an immigration attorney to get a legal opinion about your case. If you simply show up at the border, airport or other immigration office and merely try to claim citizenship without proper proof, the immigration service will send your case to the immigration judge and essentially place you into deportation. You will then have to prove your claim to the judge. With proper planning, if you have a legitimate claim to citizenship, you may be able to avoid the deportation process by receiving a certificate of citizenship or U.S. passport.
Vincent Martin is an immigration lawyer at Cundy and Martin, LLC, in Bloomington, MN. As an immigration attorney, his practice is devoted exclusively to immigration law. Vincent may be reached at 952-746-4111 or www.cundyandmartin.com .
Tuesday, July 7, 2009
Possession of Child Pornography and Immigration
By Minneapolis Immigration Lawyer
Child pornography is a crime involving moral turpitude for which U.S. Immigration and Customs Enforcement - ICE - can revoke an immigrant's U.S. citizenship. This is according to a recent decision by the Ninth Circuit Court of Appeals. You can find the case at:
http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0755470.pdf
www.cundyandmartin.com
Child pornography is a crime involving moral turpitude for which U.S. Immigration and Customs Enforcement - ICE - can revoke an immigrant's U.S. citizenship. This is according to a recent decision by the Ninth Circuit Court of Appeals. You can find the case at:
http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0755470.pdf
www.cundyandmartin.com
Thursday, June 11, 2009
Monday, June 8, 2009
My Immigration Lawyer Made a Mistake
When your lawyer makes a mistake, this is commonly called Ineffective Assistance of Counsel. Immigration courts have typically recognized mistakes made by lawyers as justification to reopen a case or otherwise let the immigrant try to fix his or her case. Below is a release from the Attorney General addressing the current state of this issue.
Attorney General Vacates Compean Order, Initiates New Rulemaking to Govern Immigration Removal Proceedings
Attorney General Eric Holder today vacated the order issued in Matter of Compean by Attorney General Mukasey in January and announced his intention to initiate a new rulemaking proceeding for regulations to govern claims of ineffective assistance of counsel in removal proceedings.
"The integrity of immigration proceedings depends in part on the ability to assert claims of ineffective assistance of counsel, and the Department of Justice’s rulemaking in this area will be fair, it will be transparent, and it will be guided by our commitment to the rule of law," Holder said. "It is important that the
American people have the opportunity to participate in formulating our procedures in this area, and this new process will ensure they do."
On January 7, Attorney General Mukasey issued an order in Matter of Compean overturning Board of Immigration Appeals precedent and procedures governing assistance of counsel in removal proceedings. The order limited non-citizens’ ability to make claims of ineffective assistance of counsel in immigration
proceedings, and it did so without the full range of public input that a notice and comment rulemaking would have provided.
In the order issued today, Attorney General Holder directs the Executive Office for Immigration Review to initiate rulemaking procedures as soon as practicable to evaluate the existing framework for making claims of ineffective assistance of counsel, to solicit public comment, and, if appropriate, to issue a final rule.
By vacating the previous order, Attorney General Holder restores the procedures governing removal proceedings to those in place before the issuance of Attorney General Mukasey’s order.
www.cundyandmartin.com
Attorney General Vacates Compean Order, Initiates New Rulemaking to Govern Immigration Removal Proceedings
Attorney General Eric Holder today vacated the order issued in Matter of Compean by Attorney General Mukasey in January and announced his intention to initiate a new rulemaking proceeding for regulations to govern claims of ineffective assistance of counsel in removal proceedings.
"The integrity of immigration proceedings depends in part on the ability to assert claims of ineffective assistance of counsel, and the Department of Justice’s rulemaking in this area will be fair, it will be transparent, and it will be guided by our commitment to the rule of law," Holder said. "It is important that the
American people have the opportunity to participate in formulating our procedures in this area, and this new process will ensure they do."
On January 7, Attorney General Mukasey issued an order in Matter of Compean overturning Board of Immigration Appeals precedent and procedures governing assistance of counsel in removal proceedings. The order limited non-citizens’ ability to make claims of ineffective assistance of counsel in immigration
proceedings, and it did so without the full range of public input that a notice and comment rulemaking would have provided.
In the order issued today, Attorney General Holder directs the Executive Office for Immigration Review to initiate rulemaking procedures as soon as practicable to evaluate the existing framework for making claims of ineffective assistance of counsel, to solicit public comment, and, if appropriate, to issue a final rule.
By vacating the previous order, Attorney General Holder restores the procedures governing removal proceedings to those in place before the issuance of Attorney General Mukasey’s order.
www.cundyandmartin.com
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