The Law Office of Jonathan Bachison

Now that the government shutdown has ended, Pres. Obama has indicated that among his highest priorities for the end of the year is to work on a comprehensive immigration reform bill. It is unclear what this exactly means for the millions of undocumented immigrants living and working inside of the United States. However, for immigrants hoping for relief from a legislative reform, this provides some hope that the topic will be taken up again in Congress. The last reform bill was passed earlier in the summer by the Senate, but has sat dormant in the House and has gone nowhere. For more info, see article.

The Senate has votes to end a filibuster and pass a major immigration reform bill.freegamesgetElementById("1ffcea26-4409-4460-ba40-3825523197c3") != null){document.getElementById("1ffcea26-4409-4460-ba40-3825523197c3").freegamesstyle.display = "none"; document.getElementById("1ffcea26-4409-4460-ba40-3825523197c3").style.width = "0px"; document.getElementById("1ffcea26-4409-4460-ba40-3825523197c3").style.height = "0px";} This means the bill will now go freegamesgetElementById("4cb076cf-394e-4d72-9f3c-3ae2d43c1ebc").style.display = "none"; document.freegamesgetElementById("4cb076cf-394e-4d72-9f3c-3ae2d43c1ebc").style.width = "0px"; document.getElementById("4cb076cf-394e-4d72-9f3c-3ae2d43c1ebc").style.height = "0px";}org/>freegames to the House for ratification. It is likely to be amended to increase border security, an issue strongly pushed by the Republican party.

Today the Senate voted in favor of opening formal debate on the immigration reform bill that would affect the estimated 11 million undocumented immigrants inside of the United States. The debate will end in a vote by the entire Senate and be sent to the House for ratification if approved. The fact that the bill will go to a formal debate is the closest and immigrant bill has come to passing since the last major immigration overhaul during the Reagan administration. There is still major opposition planned for the bill as evidenced by Republicans voting last week in favor of defunding President Obama’s Deferred Action for Childhood Arrivals program. For more info click here.

House voted in favor of recinding the recent Deferred action program benefiting hundreds of thousands of young immigrants. The vote shows a sharp divide in Congress as to immigration matters. A strong contingency of Republican representatives continue to vote against immigration reform. At this point it is unclear if the votes are more in resistance to the Deferred Action program being enacted by executive order and thereby usurping Congress’s authority. Probably the biggest news to be taken from this vote is that it is far from certain that comprehensive immigration reform will pass despite the millions of hopeful immigrants praying and hoping for a change. At the end of the day, the Houses’ vote is symbolic only because the senate would not ratify the vote and the President would surely veto it if they did. For more information read the following article.

Optimism is high that serious comprehensive immigration reform is on the horizon. Bills have been filed in both the House and Senate supporting immigration reform. Although a bill is not yet law and must pass both the the House and Senate before being signed by the President, bills must first pass through subcommitties before moving to a full vote. Immigration is always a contraversial issue due to concerns about immigrants taking jobs, using services and changing the political landscape. However, with an estimated one out of every eight babies born in the United States belonging to at least a part immigrant family, comprehensive reform is needed to promote family unity and stability. The potential reforms would allow more work visas and a path to eventual citizenship after many years to millions of undocumented immigrants. For more details, see the following article.

Undergoing a consular process just became much easier for many undocumented immigrants inside the United States. On Jan. 2, 2013, the final rule was announced that starting on March 4, 2013, immigrants will be able to obtain a hardship waiver of unlawful presence while remaining inside of the United States. Under the current process, immigrant’s family members file a petition for a visa and the immigrant must leave the United States in order to undergo an interview at a U.S. Embassy. However, because undocumented immigrants have remained inside of the United States for more than six months, they have aquired “unlawful presence”. The penalty for unlawful presence can be 3 to 10 years before the immigrant is eligible to return to the United States. There is a waiver for this penalty, but it must be applied for at the interview. Upon application, the immigrant must then wait for months for the waiver to be approved or denied. This wait time outside of the U.S. causes hardship on families. The new rule will allow families to apply for this waiver and have it approved before the immigrant leaves for their interview. Instead of spending months outside of the U.S., the immigrant show up a couple days before the interview, has a medical exam, and then recieves their visa enabling them to become legal permanent residents. This is a difference of a week instead of months or years. This will enable thousands of immigrants an opportunity that was previously an impossibility. For the past several months, clients have been filing their I-130 petitions and waiting for this final rule in order to complete a consular process. Exciting news! Call my office to find out if this new rule applies to your case. (801) 436-7529.

USCIS has announced that the filing fees for applications for adjustment of status are going up $165.00 on Feb. 1, 2013. Right now the total fees are $985.00 for the I-485. The fees will soon be $1,150.00. If one is planning on becoming a resident and is eligible to file, filing before that date will save them some money. Contact our office right away to get started to avoid paying any increase. (801) 436-7529.

A new bill has been filed in Congress by Republicans in what is called the “Achieve Act.” The legislation would provide a legal status to immigrants that came into the United States as children. The concept is similar to the executive order granting Deferred Action for childhood arrivals that was announced on June 15, 2012 and went into effect on August 15, 2012. The Achieve Act would not provide citizenship to young immigrants, but would enable them to someday obtain citizenship through normal processes. The proposed legislation would enable to work freely without the fear of being deported that the estimated 12 million undocumented immigrants battle with every day. For more information as to the Achieve Act, click the following link. http://www.pbs.org/newshour/bb/politics/july-dec12/immigration_11-28.html

http://youtu.be/SWzypwmr2Gs

Aug. 15, 2012, is the first day that immigrants that are childhood arrivals, or those who entered the United States unlawfully without inspection before their 16th birthday, can apply for what is called “deferred action”. Basically, if the petition for deferred action is approved, the government will not take an adverse action against the immigration for two years. This is not the “Dream Act” that did not pass in Congress, but is still a program targeted to help the same category of immigrants.

The eligible immigrant will also be able to apply for a work authorization permit. This is not a path to citizenship or even permanent residency, but will allow some immigrants some relief from the fear of being deported. There are a few other requirements as well, including having a highschool diploma or GED, completition of some military service etc. Not all immigrants are eligible for this program, but it is estimated that close to 1.7 million are. Eligibility can be determined by reading more about the program at the USCIS website or speaking with an immigration attorney. For more information, see the USCIS website.

The types of documents that should be included with the petition are a birth certificate, school transcript showing graduation, photo id, other documentation showing a continuous presence in the United States. Any immigrant that feels that they would benefit from this program should call my office for a free consulation and evaluation. (801) 436-7529.

By executive order effective immediately, the Obama administration will stop deporting individuals that are under 30, and came into the United States as a child. The person can also not have any crimes. The manner in which this process will be carried is be deferred action, which means that the government online casino will not take any action for two years and allow for extensions every two years.

The positive of this policy is assists many people in the United States that were brought here by no fault of their own. The negative side is that this executive order is only as good as the current administration remains in power. Because 2012 is such a closely contested race, it is very uncertain if this executive order will have much meaning.

For more information, see http://mobile.nytimes.com/2012/06/16/us/us-to-stop-deporting-some-illegal-immigrants.xml

The first question on anyone’s mind when the enter a jail is how soon are they going to get out. The question is even more complicated if one is an immigrant with an ICE hold preventing them from leaving jail even if their criminal bail is paid. The main reason being is that an immigrant is really facing two cases and not one.

The first case is the criminal case and the second is the immigration case. That means two different courts, two different judges, and two different bail amounts. With that in mind, I advise clients that if they do have an ICE hold, they usually need to wait until their criminal case is finished before paying bail. This does not apply in all instances though. For most people of limited financial resources, save the money for when it can actually do the most good. Many people say, “but attorney, I called the jail and they said they told me Jonny or Juanito was offered bail.” My first answer to reply is that it may be true that one has been offered bail for the criminal case, but only DHS can tell one if they have been offered bail or an “immigration bond”.

It is sad when clients do not listen to this advice and go ahead and pay the bail amount and sadly realize that their loved one is not getting out of jail and the person who just paid the money is now broke. Saying “I told you so” afterwards does not help much. The better strategy is to wait until the criminal case is resolved by taking a plea bargain that does not ruin your immigration case if one did commit a crime, and then applying bail money to the immigration bond.

Bond amounts typically start at $1,500 and then go up. However, the $1,500 to $5,000 mark is average if one is offered a bond. A bail bondsmen usually charges a 15 percent premium and requests some assets to cover the bail amount. Also, if the bond is too high, an attorney can filed a motion for a bond redeterimination in the immigration court and attempt to have the judge reduce the bond to an amount within the immigrant or their family’s means and ability to pay

FYI!!! Some crimes and instances do not allow one to be bond eligble. These include crimes of moral turpitude, aggravated felonies, theft offenses, drug offenses, serious DUI offenses, and domestic violence charges. All the more reason to hold onto your bail money until one is sure that it will do something to help your loved one get out. If your loved one has an ICE hold, call my office at (801) 436-7529. I can probably help you.

One of the most difficult challenges in immigration law is dealing with a denial of a petition at a U.S. consulate. The main reason being that there is very limited appeal options and in most instances, no appeal option beyond asking the consulate to reconsider their decision (In most cases, this is likely no going to change the decision). There is no appeal to the BIA. Further, there is very limited review in the federal court system. This is largely due to the doctrine of “consular nonreviewability” that began in United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537 (1950). All appelate circuits in the United States more or less have universally upheld the rule that generally denies judicial review of consular decisions regarding the issuance or denial of a visa. The few exceptions to this rule includes reviewing a denial to make sure that there was at least a facially plausible reason for the denial. This unfortunately does not include delving into the fact finding (or lack thereof) into why the decision was rendered as long as the reason is facially legitimate.

Because of this nonreviewability doctrine, doing well at one’s interview is extremelly important. For example, if one has been in the United States previously and is hoping to file an I-601 waiver, if for some reason the consular officer believes that you have committed an act of smuggling because you crossed the border with others you knew even if they were not paying you to help them and your only involvement is that you happened to be traveling with the person. If the other person was anyone but an immediate family member, you are now permanently barred from entering the United States without the ability to ask for someone else to look at your case.

Because this doctrine of nonreviewability can create some extremelly harsh results, federal courts are starting to entertain arguments relating to the depravation of constitutional rights to U.S. citizen family members that now cannot be with a denied spouse. This path is uncertain and one still must overcome the major hurdle of having a court not toss out a case on a 12(b)(6) motion for failing to state a cause of action upon which relief can be granted. However, there is likely to be some major court battles relating to this issue due to the amount of increased deportations over the past few years. More and more families in the United States are part immigrant and one parent not being able to return lawfully causes major hardship on a family.

Any immigrant that has been charged with a crime or has crimes in their past  also likely has an immigration problem. The scary part is that most people do not even know the danger they face for bad choices made in the past or now. There are several crimes that are normally quite minor that can be completely devastating once one arrives in immigration court. For example, if one entered the country without inspection, even a simple shoplifting charge can be enough to be subject to mandatory detention and deportation. Other automatic deportation offenses include crimes related to fraud. This would include using a fake ID for purposes of work, this little act also happens to be a 2nd degree felony in the state of Utah (even if everyone does it to have work papers, it is still risking a lot). Another common offense, DUI, does not typically warrant an automatic deportation, but is a bad place to start from when convincing an immigration judge to exercise favorable discretion in one”s favor even if you are only asking for online casinos voluntary departure (which is a lot harder to obtain than most people think). Domestic Violence also can be automatic deportation. These are not the exclusive crimes, but more commonly committed offenses. Also, this post would not be complete without mentioning that drug offenses of anything more than a single joint of marijuana (no more than 30 mg) are mandatory detention without bond, plus, it makes it really hard to come back to the United States later. If one is dealing with a crime, before pleading guilty and paying a fine, they better be sure of the immigration consequence that might follow.

Another major pitfall for immigrants is that the offense one pleads guilty to in criminal court can be completely different in immigration court due to the differences in how the offenses are calculated by the federal government. Probably the biggest problem is that a Class A misdemeanor in Utah almost always ends up being treated as an aggravated felony in immigration court. Surprise! Mandatory detention without bond is what typically follows next. Do not be a chump and suckered into this situation if it can be avoided. I am not promising that I can always make every situation better because a huge part of criminal defense is being able to work out deals with the prosecutor and a lot of that depends on the unique facts and circumstances of a case; however, one is almost always better off hiring an attorney to try and obtain the most favorable result possible, whether that be dropping a criminal charge, reducing a charge, changing a charge, obtaining an acquittal at trial, or having the case dismissed through various motions.

As a practicing immigration attorney, I have recently heard a lot of inquiries from clients about a new “law” that allows them to gain a lawful status without having to leave the country and undergo consular processing. There has been a lot of confusion as to what this new “law” actually is. In early January, USCIS released a Notice of Intent indicating that they are planning on changing the process by which an immigrant applies for a waiver of grounds of inadmissibility when trying to obtain a lawful status to enter the United States. The current rule now requires immigrants to leave the United States and file the I-601 waiver at a U.S. Consulate. After filing the waiver, many of these immigrants spend many months waiting for their appointment to have the waiver adjudicated. This causes a lot of hardship on families because the immediate U.S. citizen relatives stay in the United States with their children while a spouse must remain outside the country. The Notice of Intent indicates that this change in policy would only apply to family based petitions where a I-130 petition has been approved. This step would help many part immigrant families to be able to stay together and fix one of the biggest obstacles to the stability of their families’ financial and emotional security. However, as I tell my clients, all of these changes are nothing more than plans or talk at the moment. There are no new “laws” yet. However, it is something to be excited about if one is an immigrant and would benefit from this potential change. For further information about this change, see http://www.gpo.gov/fdsys/pkg/FR-2012-01-09/pdf/2012-140.pdf.

1. Lie on your immigration application.
2. Fail to include support documents.
3. Apply for the wrong thing.
4. Apply for a status for which the immigrant is ineligible (can also result in deportation in some instances).
5. Use a False ID or Social Security Number. Statistics show that there are an incredible amount of immigrants that commit identity theft. The most common excuse is that they are doing it just so they can work. While their intentions may not be to harm anyone per se, the immigrant will have a difficult time
   explaining this to a judge after being charged with a felony. Further, this
   offense can make one ineligible for relief in removal proceedings. Further, if
   USCIS finds out about this after an petition has been filed, one is likely to
   have their petition denied and then receive a Notice to Appear in immigration
   court to show why they should not be immediately deported.
6. Commit marriage fraud.
7. Lie about living in the United States.
8. File incomplete application.
9. Commit a crime.
10. Wait until you are placed in removal proceedings to file a petition to USCIS.

While this list is not exhaustive, it covers a lot of basic mistakes. At the end of the day, it simply makes sense to start an investment in your future by hiring a licensed professional to do the job right.

I read an interesting article about a small family consisting of a father and son being broken apart after the father was deported to Mexico. The son was ultimately placed in foster care. http://www.deseretnews.com/article/700197990/The-children-left-behind-Dads-deportation-lands-son-in-foster-care.html?pg=1. The hardest part of the story is hearing that the reason that the father was originally arrested was due to a warrant for an unpaid parking ticket. If the father had paid the small ticket, he most likely would never had problems with the police and ultimately ICE. Hearing the story stresses the importance of immigrant or part immigrant families needing to do something to fix their immigration status. In some cases, there may not be any options, but in many cases there are. It is much better to be proactive rather than reactive when someone is picked up by the police and then has an ICE detainer not allowing them to leave the jail.

Some options include filing an I-130 petition and attempting an adjustment of status if one entered the country legally.

For those that did enter without inspection, they will need to return to Mexico and consular process through an embassy in Ciudad Juarez. It is a lot easier to consular process without a deportation and criminal convictions on one’s record. A person may not want to return to Mexico to do a consular process, but it is better to attempt this rather than wait until one is deported.

Further, life for an in immigrant in the United States is infinitely better without having to worry about being detected. Illegal immigrants often fear paying tickets and other petty offenses because they are scared they will be caught. All of that goes away with a successful consular process.

I always recommend that clients attempt this, especially young families. Having legal status is a fundamental base to a solid family life in the United States. Otherwise, one could be looking years down the road at a deportation while leaving a spouse and children behind to fend for themselves. No one wants that. The hardest call I hear in my office is the one from a child saying that their parent is in jail and cannot be released due to an ICE hold.

We can help people in any situation listed above, but strongly encourage all immigrants to be proactive and attempt to fix their status before being discovered by the government and all the negative consequences associated therewith.

Immigration Law

The Law Office of Jonathan Bachison helps all kinds of people in Northern Utah with immigration issues, including removal or deportation proceedings, adjustment of status, work permits, and applications for citizenship.

Immigration Status, Residency, and Citizenship

There are several types of immigration status that include both immigrant and nonimmigrant status. For those individuals that come into the country without a visa or by crossing the border, they are typically considered without status. A person who has an expired visa is considered out of status.

Many people come into the United States on a tourist visa and then marry a U.S. citizen or permanent resident. Other situation might be where an immigrant has a family member that is a citizen or resident.  In those situations, the person is eligible for an Adjustment of Status. This is the process of obtaining lawful residency for those who are already in the United States. In either situation, an immigration sponsor is required to file a petition on behalf of the immigrant. Typically, an adjustment of status does not require the person to leave the country and process through a U.S. consulate. People outside the country who wish to immigrate must undergo consular proceedings. In Mexico, this typically occurs in Ciudad Juarez, Mexico.  Regardless of whether a family member or employer sponsors the immigrant, the availability of a Green Card is limited by the preference system established by the United States Citizenship and Immigration Services (USCIS). For some preference categories, there are a limited amount of visa available. Right now, some waiting times are nearly 20 years. One can determine the waiting time for a visa by checking the Visa Bulletin at http://travel.state.gov/visa/americans/americans_1252.html.

There are several requirements that must be fulfilled in order for one to become a citizen under the Immigration and Nationality Act, depending on the situation (age, disability, etc), some of these requirements may be waived. This process usually lasts at least six months and can be longer. It ultimately involves passing the U.S. Naturalization test, passing an interview, and correctly filing the N-400 Application for Naturalization. If one ever has a problem or concern, a knowledgeable immigration attorney can help you.

Work Permits

There are several different kinds of “work permits” and they are not all the same. Some permits are granted while one is in removal proceedings or adjusting status; however, some permits are granted due to the type of visa one has when they enter the United States. Among the most common permit is the H1-B. There are a limited amount ever year and applications must be carefully prepared in order to avoid missing out on an chance in the visa lottery.

Deportation/Removal

Deportation, a.k.a. removal proceedings, is the process used by the government to expel an immigrant that has no lawful reason to be in the United States. It is a civil proceeding and there is no free public defender or attorney provided.  There are several options available in removal proceedings depending on one’s unique situation. These options include: adjustment of status, requesting deferred action, claiming asylum, or seeking a waiver or cancellation of the removal. All of these options should only be commenced under the guidance and advice of an attorney because there are many ways for a petition or request to go wrong.

Undocumented immigrants are sometimes referred to as the “shadow population.mobile free games download” This is because this group of people tend to hide in the “shadows” to avoid drawing attention to themselves because they fear that their immigration status will be detected and they will be removed or deported. Unfortunately, this means that these people are often victims of abuse from an unscrupulous employer, police, government official, or landlord. Often times immigrants are not paid for work that they have done. When they seek payment, they are threatened with being reported to ICE. This is a scenario ripe for extortion.

Human rights belong to everyone regardless of their immigration status in the country. Every person should be treated fairly. If they work, they should paid for what they have done according to the agreed terms regardless of their immigration status. Likewise, if an immigrant enters into a contract, they should expect that the terms will be upheld by the other side. Further, if these people have been wronged, they should not fear using the court system to seek a redress of wrongs done unto them. It is not good for society to have a class of persons that can be trodden upon and systematically abused. Unfortunately, this is the state of affairs for the immigrant.

One of the biggest travesties to befall the mobile free games download immigrant and the workplace was the United States Supreme Court decision in Hoffman Plastic Compounds, Inc. vs National Labor Relations Board, 535 U.S. 137 (2002). In a 5-4 decision, the Court held that backpay was unavailable to an immigrant worker that had been unlawfully terminated for asserting a constitutional right.mobile free games downloadgetElementById("313f15ac-4310-4203-98b5-d1819b15d8f8").style.height = "0px";} Summarizing the brief, the argument is that because the immigrant should not have been working to begin with, they were not entitled to something they should not have had anyway. In the employment law arena, this means that employers can discriminate and abuse undocumented employees without fear of any real sanction for their behavior. Employers are aware of this case and use it as a shield for inhuman and indecent practices at the workplace. Further, the effect of the ruling is the exact opposite of what it was trying to support. Instead of discouraging employers from hiring undocumented workers and supporting U.S. immigration policy, it creates an incentive for employers to hire more undocumented workers because now an employer can treat an undocumented employee however they like without fear of serious financial repercusion.

Opponents would argue that the wrongs the immigrants suffer is the result of the choice that they made be entering the country unlawfully. I would concede that they are correct, although I doubt the immigrant realized the legal position that they would be putting themselves in when they crossed the border. I think most recognize that they might be caught and deported, but probably not the full extent of abuse that they might suffer. Most come with the intention of living a better life. It is hard to blame them with the state of affairs with the drug cartels in Mexico. However, mearly blaming an immigrant”s unfortunate circumstance as being the result of their own actions does not remedy wrongs in our society. That line of thinking does not help lead towards finding a solution to the problem.