Lawyers Dedicated to Serving the Immigrant Community
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In This Issue
That’s a difficult task. Our clients range from cancer researchers to wood floor entrepreneurs, from Sudanese asylum seekers to students seeking to study at some of the best colleges in America. So we’ll start off with a little of everything. Perhaps future issues will focus on business, others on litigation. But we hope that everyone can take something from these short and timely monthly updates. Employers have been buoyed by the continued availability of H-1B visas. For the first time in three years, these coveted professional visas can still be had well into November and perhaps later, depending on usage. Yet there may be a price. Increased scrutiny by Congress seems to have encouraged the U.S. Citizenship & Immigration Service (“USCIS”) to investigate a random selection of about 20,000 H-1B employers. These inspections usually entail speaking to the H-1B employee and ensuring he or she is properly employed at the stated job, and earning the stated wages. But longer-term, these inspections may set a foundation for more regulation of the H-1B visas. If you’d like more information about these inspections, contact me. Students also seem to be having an easier time, as more students are obtaining F-1 visas through changes of status. In the current economic downturn, it’s no surprise that schools are actively reaching out to cash-paying foreign students. At the same time, however, Immigration and Customs Enforcement (“ICE”) is actively seeking out those students who drop out without notifying their International Student Advisor. Students who need to reduce class loads should carefully consider the consequences. Students who drop out should do likewise. One of most frequently-asked question at this time is “when will the immigration laws change?” All information points to 2010 as the earliest we will have any chance of Comprehensive Immigration Reform (“CIR”). The Leaders of both houses of Congress agree that CIR is a priority. What such new legislation will look like is a matter of contention. Main points will likely include raising the numbers of visas for critical workers and family members seeking to unite with spouses, parents and children. Another important reform, long overdue, would be to finally pass the DREAM Act, a law that would allow immigrants who came to the USA as children to obtain a green card by going to college or enlis ting in the armed forces. We’ll keep you informed on this issue. We hope you enjoy our newsletter. If you have any immigration questions, please contact us directly. Our job is to help employers, families, and individuals with all their immigration-related legal needs, and we are committed to earning your trust and your business. Immigration: It’s More Than Just Filling Out Forms For example, when an immigrant marries a U.S. citizen and has been married for less than two years at the time they obtain their greencard, they only receive a two-year “conditional” greencard. Within 90 days of the expiration of the conditional greencard, the immigrant and spouse must jointly petition to “lift the conditions” and obtain a full, ten-year greencard. The petition needs to be accompanied with documentation that demonstrates that a bona fide marriage was in existence at the time the applications for the foreign spouse were made. A good faith marriage that ends in divorce, however, can still satisfy the requirements for a positive grant of the full greencard if the immigrant can provide sufficient supporting documentation and help an interviewing officer understand the circumstances of the marriage and divorce. Just last week, I received a phone call from one of our clients thanking us for helping him get his permanent resident card. This client retained our firm from the outset and now he is on the road to one day becoming a citizen of this country. This is especially heartwarming because he very easily could have failed. His marriage to a U.S. citizen wife had ended, and they had just finished a bitter divorce. Yet he was able to obtain the full greencard despite the demise of the marriage because we were able to assemble sufficient evidence to demonstrate it was a good faith marriage. The forms were filled out truthfully and competently, and the supporting documentation explained the circumstances of the divorce. Our hours of in-office preparation helped the client to understand the interview process, and effectively communicate his circumstances to the officer. This holistic approach made the difference in his life, his future, and his family’s future. |
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Criminal Convictions May Have Harsher Consequences for Non-Citizens Many immigrants, both in status and out, are unaware of the impact that criminal convictions may have on their immigration status; unfortunately, so are many attorneys representing those immigrants. An outcome in a criminal case may look good on the surface, but may place an immigrant in serious trouble, including deportation. When faced with criminal charges, many people's first instinct is to simply avoid jail time, often by pleading guilty to lesser charges. If offered a plea bargain that will result in merely probation or a suspended sentence, a criminal defendant may consider a guilty plea as a victory. Avoiding jail time is frequently a victory for a citizen, but a conviction does not need to involve jail time to have serious immigration consequences. The same outcome for a citizen and an immigrant may actually prove very different. When non-citizens are faced with criminal charges, it is essential that they contact an attorney who is familiar with both criminal and immigration law, especially the area where the two fields interact. In fact, the Supreme Court is presently considering a case, Padilla v. Kentucky, to determine whether a non-citizen must honor a guilty plea at the advice of his lawyer, after the lawyer incorrectly told him that the plea would not have immigration consequences. After entering his plea, Padilla discovered that the crimes actually did carry immigration consequences and, despite his lawyer's advice to the contrary, he was required to honor the plea bargain. As the law stands now, an attorney's incorrect advice regarding immigration consequences does not free a non-citizen from their plea. There is a long list of crimes that may subject an immigrant to serious consequences including: theft, domestic violence, and narcotics offenses (including simple possession). Many times, these crimes are charged as low-level misdemeanors and resolved with a non-incarceration sentence. The immigrant who takes the seemingly-favorable non-incarceration outcome may then be surprised to find themselves in removal proceedings shortly after pleading guilty. Once that guilty plea is entered, however, it is often too late to avoid deportation. In sum, it is simply not enough to try and avoid immigration consequences after a conviction. It is imperative that the criminal case is handled correctly to avoid negative immigration consequences at the outset. |
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Hogan & Vandenberg LLC is a medium-sized immigration firm with two locations, one serving Philadelphia in Bala Cynwyd, PA and the other in Wilmington, DE. The firm consists of four attorneys and a team of paralegals and is led by two partners, Rick Hogan (Wilmington) and John Yahya Vandenberg (Philadelphia). Our legal team has helped thousands of individuals, institutions and businesses strategize, address and resolve issues regarding immigration as well as other areas of law, including commercial, criminal, discrimination, and landlord-tenant. The consultation fees are reasonable and will be credited to the client if the firm is hired. The firm's diverse and highly qualified legal team is dedicated to serving our clients and earning their trust. |
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