Deportation & Removal

How to Find and Work with a Good Immigration Lawyer

May 19, 2012 By Tom Jr.

If you or a loved one would like to come to the United States, it’s likely in your best interest to work with a good immigration lawyer. The process is intense, intimidating, stressful, and complicated. One mistake may prevent you or a loved one from entering and/or living and/or working in the United States.

Now everytime I write an artical like this one I have people ask me why tell potential clients how they can find an immigration attorney other than you? The reasons are simple and clear. First, our office provides a high level of client service, we can only help a limited number of people. Second we are not the best fit for everyone. Before we accept a new client they are reviewed for the legal services they request and their compatability with our office. When we accept a new client we are doing so with the understanding that we will be available for not only this immigration matter, but any future matter as well. We want to make sure we are a good match for the client.

How to Find a Qualified Immigration Attorney Nutshelled

It’s important to work with an attorney who focuses his or her legal practice on immigration law. To find a good immigration attorney:

Ask friends, family, neighbors, and community members for a personal referral.
Ask the local bar association or professional advisors (such as general practice attorneys, estate planning attorneys, CPAs, or financial advisors) for referrals.
Google (or use your favorite search engine) and search “How to Find a Good Immigration Attorney”.
Chat with each potential attorney and hire whomever you feel most comfortable with.

How to Work with Your Immigration Attorney

Here are some hints that will help your attorney get the job done right and in a timely manner.

Provide all documentation requested as soon as possible.
Disclose all relevant information and, if in doubt, error on the side of disclosure.
Be completely honest with your attorney, remembering that your attorney will keep everything you tell him or her confidential.
Follow your attorney’s direction. If your attorney asks you to do something, be sure to do it and do it in a timely manner.
Let your attorney know if your contact information or any information included on your immigration forms and applications changes.
Read up on your immigration matters so you understand your attorney’s direction and know what questions to ask.
Jot down your questions and concerns, so when you discuss the matter with the attorney you will get all of your questions answered.

Get Good Immigration Legal Advice

If you (or a loved one) are looking for a qualified immigration attorney, you are welcome to contact our office and schedule an in person meeting, or if you live outside the Cincinnati area a telephone meeting.

Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and helping people like you. We focus our practice on immigration law and helping people visit, live in, go to school, and work in the United States. We especially love bringing families together and helping foreign nationals start a new life, even become U.S. citizens. You can reach us at 513-793-6555 or Thomasjr@geygan.com. Your next step is to contact us.

Filed Under: Adoption, Asylum, Citizenship, Deportation & Removal, Employment, Employment Visas, Family based Immigration, Family Member, Family Visas, Green Card, Green Card, Green Card, Immigration, Immigration Court, Investor Visas, Naturalization, Treaty Investors

New Policy Means Fewer Deportations

May 19, 2012 By Tom Jr.

On Friday, April 27, 2012, the Department of Homeland Security announced that fewer illegal immigrants stopped for traffic violations will be deported. Why? Because holding illegal immigrants stopped for minor traffic violations is not an efficient use of state and local community funds and undermines trust relationships between local police officers and the community.

Minor Traffic Violations Raise Red Flag

It’s never been the case that an individual would actually be deported for minor traffic violations, but in the past, such arrests have raised a red flag and brought illegal immigrants to the attention of federal authorities who would then start the deportation process.

Goal, Deport Foreigners Convicted of Serious Crimes and Repeat Immigration Law Violators

When time, energy, and funds are used to deport foreigners arrested for minor traffic violations, there are less of the same to deport those convicted of serious crimes.

The Department of Homeland Security says that those convicted of serious crimes threaten public safety; therefor, the focus must be on deporting these criminals as well as repeat immigration law violators.

Note: Drunk driving is considered to be a serious crime and not a minor traffic violation.

What this Change in Policy Means

The New York Times explains, now, “[u]nder the refinement, when illegal immigrants are arrested solely for traffic offenses and do not have a prior criminal record, federal agents will only consider placing a hold — known as a detainer — after they are convicted.” In most cases, those arrested of minor traffic violations are released before they are convicted.

Under the new Department of Homeland Security policy, there will be no more deportations prompted by driving without a license, running a red light or stop sign, speeding, or burned-out tail lights.

Get Legal Help Immediately; Consult with a Qualified Immigration Attorney

If you have been arrested for a serious crime or immigration violation or are threatened with deportation, get legal help immediately. Though minor traffic violations may not stir an investigation, more serious crimes or immigration violations will. Always consult with a qualified immigration attorney.

Even if you have consulted with a criminal defense attorney, if your immigration status is in question, you need a qualified immigration attorney as well. You can reach our immigration law offices at (513) 793-6555, or by email thomasjr@geygan.com. Our office is located in the Kenwood area of Cincinnati. Your next step is to contact us now.

Filed Under: Deportation & Removal, Immigration, Immigration Court, Reform/New Laws

How to Avoid Deportation

April 27, 2012 By Tom Jr.

If you are in the United States, but not a U.S. citizen, you likely have fears of being deported. The best way to avoid deportation and calm your fears is to understand why some people get removed. Many years ago the immigration laws were changed to call deportation removal, but most people still call removal deportation.

Deportation Versus Inadmissibility

Deportation is when you are in the United States, but forced to leave. Inadmissibility is when you are not permitted to enter or reenter the U.S. It’s easier to have your admission blocked than to be deported. In this article, we’re addressing deportation.

Basis for Deportation

Deportations fall into one of these 5 categories.

Health
Criminal Behavior
Immigration Violation
Stowaway
Smuggler

Health

If you are a drug user or have a drug addiction, you can be deported. Other health problems will not cause your deportation; however, if you leave the United States and seek to reenter, you may be barred admission and not permitted to reenter the U.S.

If you suffer health problems, be sure to consult with a qualified immigration attorney before you leave the U.S. While you can’t be deported for most health problems, you may be blocked from reentering the U.S. for many contagious diseases.

Criminal Behavior

If you are convicted of certain crimes, you may be deported. These crimes include crimes involving multiple convictions, moral turpitude, violence, controlled substances, aggravated felonies, firearms offenses, domestic crime, and certain miscellaneous crimes.

Immigration Violations

If you are in the United States illegally, you can be deported. This includes entering the U.S. illegally, overstaying your visa, and not departing the U.S. when requested.

Stowaway

If you enter the United States while concealed on a sea vessel, aircraft, or motor vehicle, you can be deported.

Smuggler

If you have been in the U.S. for less than 5 years and have “encouraged, induced, assisted, abetted or aided any other alien to enter or to try to enter the U.S. in violation of law”, you may be deported.

Don’t Lose Sleep, Consult with a Qualified Immigration Attorney

If you are a foreign national living in the United States, it’s normal to have general anxiety over deportation. However, in most cases, a qualified immigration attorney can put your mind at ease and you won’t have to worry about deportation or inadmissibility when you reenter the U.S.

We focus our practice on immigration law and understand the legal intricacies of deportation, inadmissibility, and immigration law. We help people just like you and your loved ones. You can reach us at 513-793-6555 or Thomasjr@geygan.com. We look forward to your call or email.

Filed Under: Deportation & Removal, Immigration, Immigration Court

I-601 Forms Pending With Overseas Offices as of Jan. 31, 2012

February 24, 2012 By Tom Jr.

The chart below shows overseas completion data for Form I-601, Application for Waiver of Grounds of Inadmissibility, for January 2012.

Processing time encompasses the period starting the date U.S. Citizenship and Immigration Services (USCIS) received the application and ending the date USCIS notified the applicant of the decision. For applications filed overseas with the Department of State where USCIS does not have a presence, reported processing time does not include time taken to transfer the application from the Department of State to USCIS.

Note that the times reflected below show processing times only for completed cases. Thus if you see that 90% of completed cases were finished within 3 months, it means that, of all the cases completed, 90% were finished within 3 months of receipt. Cases pending may have been pending longer than 3 months.

The chart also includes the total number of Forms I-601 filed overseas that were pending as of Jan. 31, 2012, and the total number of cases received and completed during January 2012.

Approximately 75% of all overseas Forms I-601 are filed with the USCIS Field Office in Ciudad Juarez, Mexico. This Field Office has a unique process for identifying and approving Forms I-601 that are readily approvable, and then forwarding those cases not found readily approvable to other offices for adjudication.

Processing times shown below for cases filed in Ciudad Juarez reflect only completions of readily approvable cases. Referred cases take longer to process. For more details regarding unique processing of Forms I-601 filed in Ciudad Juarez and their processing times, please visit our Ciudad Juarez Field Office Overview page.

District	Office Where Case was	Processing Times for Completed Cases					Completed	Received	Pending
	Processed	within 0- 3 Months	within 4-6 Months	within 7-9 Months	within 10- 12 Months	over 12 Months
Bangkok District	Bangkok (Field Office)*	11%	74%	15%	0%	0%	27	24	95
	Beijing	0%	0%	0%	0%	0%	0	0	5
	Guangzhou	29%	14%	36%	21%	0%	14	13	55
	Manila	8%	92%	0%	0%	0%	12	8	78
	New Delhi	0%	44%	50%	6%	0%	16	28	143
	Seoul	59%	17%	24%	0%	0%	17	5	16
M exico City District	Ciudad Juarez**	90%	9%	0%	0%	1%	136	1,541	5,270
	Guatemala City	8%	28%	40%	21%	3%	59	62	549
	Havana	0%	100%	0%	0%	0%	1	0	0
	Kingston	7%	50%	43%	0%	0%	14	13	64
	Lima	5%	95%	0%	0%	0%	40	57	157
	Mexico (Field Office)***	58%	5%	3%	10%	24%	238	2	604
	Monterrey***	80%	8%	1%	9%	2%	176	1	266
	Panama City	8%	0%	61%	31%	0%	39	25	272
	Port‐Au‐Prince	14%	96%	0%	0%	0%	7	17	69
	San Salvador	5%	5%	22%	60%	8%	40	92	518
	Santo Domingo	97%	3%	0%	0%	0%	32	45	106
	Tegucigalpa	0%	0%	0%	73%	27%	96	39	323
Rom e District	Accra	67%	33%	0%	0%	0%	3	21	75
	Amman	14%	43%	43%	0%	0%	7	3	16
	Athens	0%	56%	16%	6%	22%	8	10	71
	Frankfurt	0%	100%	0%	0%	0%	2	4	32
	Johannesburg	50%	50%	0%	0%	0%	2	0	1
	London	12%	0%	50%	13%	25%	8	10	64
	Moscow	33%	67%	0%	0%	0%	3	4	16
	Nairobi	0%	100%	0%	0%	0%	2	0	7
	Rome (Field Office)	71%	29%	0%	0%	0%	7	6	43
	Vienna	6%	83%	5%	0%	6%	18	21	65
Other	Other****	61%	29%	0%	9%	1%	1,110	8	3,237
Total	All Offices	54%	24%	5%	12%	5%	2,134	2,059	12,217

* Includes some cases transferred from the Office in New Delhi.
** Represents cases that were found readily approvable upon filing without further action.
*** The Mexico City and Monterrey Field Offices process applications filed at Ciudad Juarez that were not immediately approvable.
**** Represents cases filed in Ciudad Juarez that were transferred to domestic locations—including the International Adjudication Support Branch in Anaheim, Calif.; the Nebraska Service Center in Lincoln; and the Chula Vista Field Office in California—for adjudication.

Filed Under: Deportation & Removal, Family Visas, Green Card, Immigration, Waiver

Why You Should Call an Immigration Attorney if You are Arrested

February 18, 2012 By Tom Jr.

If you are arrested for drunk driving or any other crime and are an immigrant, you must call an immigration attorney. An immigration attorney will work with your criminal law attorney to make sure your legal rights are protected because just an arrest, let alone a conviction, may lead to your removal or deportation.

If you are an immigrant, the courts can make you ineligible for citizenship and revoke your green card or visa standing.

Even a DUI/DWI May Lead to Deportation

When your immigration status is unclear or can be changed by the government, any arrest is significant. Even a DUI/DWI may lead to deportation, under certain circumstances.

For example, if you injured or killed someone, while driving drunk, or you have been convicted of drunk driving several times, drove without a license, or there were other aggravating factors, deportation may be set in motion.

Being Arrested Can Lead to Deportation

Being arrested can lead to deportation by two means.

First, just being arrested can raise a red flag.

If you are arrested for any crime, your arrest may show up on the U.S. Immigration and Customs Enforcement’s (ICE) radar. If you are not legally in the country or are removable for another reason, you may be subject to deportation.

Second, being convicted of some crimes can be a basis in-and-of itself for deportation.

Examples would include domestic violence, drug crimes, violent crimes, and crimes involving moral turpitude or fraud such as a sham marriage.

Being Represented by an Expert

If you’re arrested, you need a criminal attorney to help you to defend against the criminal charges. However, a criminal lawyer is an expert in criminal law, not immigration law.

Because your immigration status will be questioned if you are arrested, you need an immigration attorney to handle any immigration issues that may arise.

Be Honest; Be Complete

It is imperative that you be both honest and complete in your answers when dealing with any attorney that represents you. Your attorney can only choose an appropriate defense to a crime or immigration issue, if he or she has all of the information.

You won’t know what information could protect you, so share it all.

Your communications with your attorney are confidential and cannot be used against you.

Where to Get Immigration Help

If you are not a U.S. citizen and you have been arrested, it is in your best interest to consult both an immigration attorney and a criminal defense attorney.

Either an arrest or a conviction may lead to removal proceedings and deportation.

Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and helping people like you avoid deportation and other serious consequences.

We focus our practice on immigration law and help people just like you. Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will work with your criminal law attorney, represent you in court and front of the Department of State, as needed; and we will aggressively fight for your legal rights.