Geygan & Geygan, Ltd.» Reform/New Laws

2 Significant Parts of Draconian Alabama Immigration Law Blocked

Tom Jr. — Wed, 19 Oct 2011 21:43:58 +0000

You may have seen headlines or heard about Alabama’s new draconian immigration law on the news. We’ve addressed the new law in several of our blog articles. Alabama’s immigration law makes the news again because a court has blocked enforcement of two significant parts of the law. The United States Justice Department continues to fight the law in court.

The New York Times reports, “The United States Court of Appeals for the 11th Circuit issued a preliminary injunction against a section of the law that requires schools to determine the immigration status of children who are enrolling, as well as the status of their parents. It also blocked a section making it a state crime for illegal immigrants not to carry registration documents.”

Alabama and other states such as Arizona, Georgia, Utah, Indiana, Kansas, Texas, Tennessee, and Virginia have struggled with immigration laws because Congress has, thus far, failed to pass a workable immigration law. Most state laws are directed at making life difficult with illegal immigrants; but, they often backfire.

For example, as predicted, there has been an exodus of workers from Alabama; and, also as predicted, American workers have not stepped up in their place; food is rotting in the fields. This has happened in state after state. What will happen to food prices? Unfortunately, state lawmakers, feeling the pressure from constitutes and having no good answers, pass laws that enforce an already broken immigration system, instead of developing an immigration system that works. But, as in Alabama, jails are full; what are the police to do with everyone they arrest?

CNN reports, “And in Utah, politicians, business leaders, law enforcement and faith groups came together to enact legislation that went beyond enforcement only.” Though still controversial on implementation details, Utah is developing a state guest worker system which provides that legal immigrants can be hired when there are not enough American workers to fill the job. Illegal immigrant workers are replaced under this system.

Where to Get Help with Immigration Issues

We focus our practice on immigration law, current immigration policies, and helping people just like you, every day. We will listen to your concerns and answer your questions; you are not alone.

Your next step is to contact our office: 513-791-1673;or Thomasjr@geygan.com. We will gently walk you through your immigration issues, guiding you and your family, and even aggressively representing you in court and before the Department of State, as needed.

Immigration Laws are So Confusing

Tom Jr. — Thu, 25 Aug 2011 18:13:01 +0000

Immigration Laws are So Confusing

If you’ve ever thought, “Immigration Laws are sooooo confusing,” you’re not alone – and you’re right. Immigration law is very detail oriented, with lots of rules and procedures, which change continuously. That’s why we focus our practice on immigration law and don’t try to be experts in all legal fields.

How We Can Help You and Your Family with Immigration Matters

First off, it’s important that you don’t feel alone and that you know you’re in good hands. So, we explain how immigration procedures work and, specifically, how we will help you. For instance, you may need representation in immigration court, help bringing a family member to live with you in the United States, or legal assistance to avoid removal proceedings and deportation.

Secondly, we answer all of your questions and address your concerns. We explain what to expect, and how your specific immigration issue will be handled. You will never be surprised. We’ve found that these conversations help our clients to feel increased peace of mind and to sleep better at night.

Third, we guide you through all immigration matters step by step. You are never alone, even if you need to go to court, have an immigration interview, or file applications with supporting documentation.

Full Disclosure is Required; Confidentiality is Guaranteed

While we, as your immigration lawyers, do all the things mentioned immediately above, you must be active in your immigration case as well. Basically, this means that you must be completely honest, and disclose all information even if you think it may be harmful to your case. We can only help you if we know everything. Just like a medical doctor can only diagnosis and treat a problem if you disclose all of your symptoms, we, as you immigration attorneys, can only understand your immigration issues and determine what legal path to pursue if we have all the facts. Once we establish the attorney-client relationship, anything you disclose to us will be held in the strictest of confidences, as required by law.

Where to Get Help with Immigration Issues

We focus our practice on immigration law and help people just like you every day. We will listen to your concerns and answer your questions; you are not alone.

Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will gently walk you through your immigration issues, even representing you in court and before the Department of State.

Suspending time requirements for the I-751 for military members and their family.

Tom Jr. — Tue, 02 Aug 2011 22:35:23 +0000

On August 1, 2011 the House unanimously passed a bill tolling the requirements for filing the removal of conditions on status for military members and their families while the military member is serving overseas. This bill is still not law, but hopefully the Senate will see the wisdom in this bill and pass it quickly as well.

This bill is very personal to me as during Desert Storm I went to work; picked up my M-16 rifle with 240 rounds of ammunition, 24 rounds of high explosive grenades for my grenade launcher, and two magazines for my 9 mm pistol. After picking up my weapons but before going to my post I received my mail. In the mail was a letter from INS explaining that they have sent my wife’s case to the immigration judge for her to be removed. The reason for this action is that I had the audacity not to show up for a hearing with immigration while I was thousands and thousands of miles away serving my country.

Fortunately I was able to send a letter to the immigration judge showing that I was serving overseas and with the consent of chief counsel’s office the case against my wife was dismissed. The men and women serving this great country overseas need to be given the tools to do their jobs and the understanding of our legal system that they cannot be in two places at one time. No matter how desperately our servicemen and women want to come home and follow our immigration laws, sometimes the needs of the service come first. If this bill becomes law it will allow those serving overseas to do their job and not to worry about a deadline for filing papers or appearing at an interview for their loved ones. It is important to note that this bill does not excuse service members or their families from their legal requirements, it simply extends the time they have to do so while serving overseas.

God bless the United States of America.

Can an Immigration Attorney Help Me?

Tom Jr. — Tue, 19 Jul 2011 14:53:50 +0000

Can an Immigration Attorney Help Me?

The law is complex because there are many lawyers in many different areas of legal practice. You may not understand what an immigration lawyer does and may be wondering, “Can an immigration attorney help me?”

Immigration Lawyers Help Foreign Nationals Enter or Stay in the United States for Many Purposes

Immigration lawyers help foreign nationals (i.e. people from countries other than the United States) come to or stay in the United States. Perhaps, you want to visit, study, work, live with family, develop an investment or business, entertain, conduct research, become a citizen, or hire a foreign national for work you in the United States. Immigration attorneys do all of these things to help people like you.

Are Your Needs on the Immigration Attorney Matters List?

Here is a specific list of common immigration matters of how we help our clients. If you don’t find your needs on this list, or if you’re unsure of what your specific needs are, please feel free to telephone or email our office. We would be happy to analyze your case and see if we’d be a good fit, free of charge and with no obligation. Of course, our conversations are strictly confidential.

A Listing of Immigration Attorney Matters

Family and Fiancé/Fiancée Visas

- Spouses
- Fiancés
- Children of Spouses
- Children of Fiancés
- Parents
- Siblings (brothers and sisters)
H-1B Visas
H-1B Transfers
Asylum
Investment Visas
PERM/Labor Certificates
EB-1, EP-2, and EP-3 Visas
Consular Issues
E2 Visas
L1 Visa
Doctor, Nurse, and Healthcare Visas
Employment Based Green Cards
O & P Entertainers, Performers, and Athletes
I-601 Hardship Waivers
J-1 Waivers for Physicians
American Citizenship

Where to get help with immigration matters

It’s easy to get help. We will answer your questions and address your concerns. Call or email our immigration lawyers today (Thomasjr@geygan.com.) We will gently walk you through your immigration issues and aggressively fight for your legal rights. Call Geygan & Geygan today: 513-793-6555. Our office is located in Ohio, but we are licensed to practice immigration law throughout the United States.

At Geygan and Geygan, we focus our practice on immigration matters so we are uniquely qualified to help you and your family. Success with immigration matters requires a full understanding of the facts, the immigration law, and the current immigration policies. Please contact our office to discuss how we can help you. All conversations are confidential.

TPS Memo involving "No Jail" or “No Incarceration” Certifications

Tom Jr. — Tue, 25 Jan 2011 16:56:58 +0000

U.S. Citizenship and Immigration Services
Office of the Director (MS 2000)
Washington, DC 20529-2000
January 21, 2011
AFM Update AD11-21
Memorandum
SUBJECT: Temporary Protected Status Adjudications Involving “No Jail” or “No Incarceration” Certifications, and Reminder for Cases Involving Certain Potential Misdemeanors
Revisions to the Adjudicator’s Field Manual (AFM) Chapter 38.1(e)(12)
AFM Update AD11-21
Purpose
This memorandum provides guidance for adjudication of Temporary Protected Status (TPS) applications and administrative appeals in cases involving certain offenses where a state or local
court has issued a “no jail” or “no incarceration” certification related to the offense. In addition, this memorandum reminds adjudicators to take TPS cases to USCIS counsel for further review and guidance where it appears that the applicant may be ineligible for TPS on the basis of two misdemeanors as defined by 8 C.F.R. § 244.1, but where one or more of the offenses at issue is not classified as a misdemeanor by the particular state or local jurisdiction. This memorandum also updates Chapter 38.1(e)(12) of the Adjudicator’s Field Manual (AFM) regarding TPS ineligibility grounds.
Guidance
I. “No Jail” or “No Incarceration” Certifications
A legal issue has been presented regarding whether certain categories of minor offenses fall outside the definition of a misdemeanor contained in 8 C.F.R. § 244.1 for purposes of TPS. Specifically, a legal question has been raised whether an offense certified as “no jail” or “no incarceration” in a Florida case qualifies as a misdemeanor under the regulation. One of the several grounds of ineligibility for TPS is the conviction of two or more misdemeanors, as defined in § 244.1, committed in the United States. 8 C.F.R. § 244.4(a). The definition of a misdemeanor for TPS purposes is contained in 8 C.F.R. § 244.1, which states:
Misdemeanor means a crime committed in the United States, either:
(1)
Punishable by imprisonment for a term of one year or less, regardless of the term such alien actually served, if any, or
(2)
A crime treated as a misdemeanor under the term “felony” in [8 C.F.R. § 244.1].
For purposes of this definition, any crime punishable by imprisonment for a maximum term of five days or less shall not be considered a felony or misdemeanor.
Temporary Protected Status Adjudications Involving “No Jail” or “No Incarceration” Certifications,
and Reminder for Cases Involving Certain Potential Misdemeanors
Revisions to the Adjudicator’s Field Manual (AFM) Chapter 38.1(e)(12)
AFM Update AD11-21
Page 2
The Department has concluded that a Florida “no jail” or “no incarceration” certification, issued pursuant to Rule 3.994 of the Florida Rules of Criminal Procedure, fundamentally changes the maximum possible sentence for an offense by removing the possibility of incarceration for that offense. As a result, the Department has further concluded that an offense with such a certification, unless withdrawn pursuant to Rule 3.111(b)(1)(C) of the Florida Rules of Criminal Procedure, does not meet the definition of a misdemeanor under 8 C.F.R. § 244.1 because it would not constitute an offense punishable by imprisonment.
If an applicant presents evidence that another state or locality has issued a “no jail,” “no incarceration,” or “no imprisonment” type certification for an offense that may be relevant to his or her TPS request, adjudicators must bring the case to the attention of USCIS counsel so that it can be determined whether, given the particular nature of such a certification and the relevant laws, it means that the offense does not qualify as a misdemeanor under 8 C.F.R. § 244.1.
II. Certain Offenses Not Considered “Misdemeanors” Under State and Local Laws
As instructed during recent TPS trainings, adjudicators are reminded that they are to request USCIS counsel to review any case where it appears that the applicant may be ineligible for TPS on the basis of two misdemeanors, as defined by 8 C.F.R. § 244.1, but where one or more of the offenses at issue is not classified as a misdemeanor by the state or local jurisdiction involved. These cases present issues requiring legal determinations. In some cases, the offense(s) may ultimately be determined to be a misdemeanor for TPS purposes, but there may be other cases where either the particular offense does not meet the requirements for a “crime,” which is the initial requirement in the TPS misdemeanor definition, or other considerations apply. See, e.g., “Temporary Protected Status (TPS) adjudications involving New York traffic infractions or New York violations,” Memorandum from Donald Neufeld, Associate Director, USCIS Service Center Operations and Perry J. Rhew, Chief, USCIS Administrative Appeals Office, dated January 17, 2010. Officers are advised that this reminder to seek USCIS counsel advice in these types of cases applies to all states and localities.
Field Guidance and AFM Update, Chapter 38.1(e)(12)
Chapter 38.1(e)(12)(Grounds for Ineligibility) of the AFM is updated to add the following new subsection G:
“He or she has been convicted of two or more misdemeanors, as defined by 8 C.F.R. § 244.1, committed in the United States. (Section 244(c)(2)(B)(i) of the Act; 8 C.F.R. 244.4(a)). In determining whether an applicant has been convicted of two or more misdemeanors, adjudicators should also refer to the guidance memoranda entitled “Temporary Protected Status adjudications involving “No Jail” or “No Incarceration” Certifications, and Reminder for cases involving certain potential misdemeanors,” dated January 21, 2011; and “Temporary Protected Status (TPS) adjudications involving New York traffic infractions or New York violations,” Memorandum from Donald Neufeld, Associate Director, USCIS Service Center Operations and Perry J. Rhew, Chief, USCIS Administrative Appeals Office, dated January 17, 2010.”
Temporary Protected Status Adjudications Involving “No Jail” or “No Incarceration” Certifications,
and Reminder for Cases Involving Certain Potential Misdemeanors
Revisions to the Adjudicator’s Field Manual (AFM) Chapter 38.1(e)(12)
AFM Update AD11-21
Page 3
The AFM Transmittal Memoranda table is updated as follows:
AD11-21
January 21, 2011
Chapter 38.1(e)(12)
This memorandum revises AFM Chapter 38.1(e)(12)) to provide further guidance on Temporary Protected Status Grounds of Ineligibility.
Use
This memorandum is intended solely for the instruction and guidance of USCIS personnel in performing their duties relative to adjudications. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner. In addition, the instructions and guidance in this memorandum are in no way intended to and do not prohibit enforcement of the immigration laws of the United States.
Contact information
Questions arising within Service Center Operations and the Administrative Appeals Office should be directed through appropriate channels to their respective Headquarters offices.