Immigration reform discussions are off to a shaky start. Today, President Obama was scheduled to meet with Congressional leaders to discuss the framework for possible immigration reform.
New York Senator Chuck Schumer maintains that immigration reform will happen. Citing to a need for a "national system to verify work documents," Senator Schumer said that "Congress has failed to crack down on unscrupulous employers and illegal immigrants with fake documents."
However, White House Chief of Staff, Rahm Emanuel, confirms that there just aren't enough votes in Congress to pass a comprehensive immigration reform bill.
Speaker of the House of Representatives, Nancy Pelosi, said that the House will let the Senate take the first swing at immigration reform legislation, since the House has been "ready for a long time."
With all of these players now coming to the stage to debate immigration reform, now is the time to be active and call your State Senator's office or House of Representative member's office in support of immigration reform! Make your voice count!
-Ruchi Thaker
Thursday, June 25, 2009
Wednesday, June 24, 2009
Section 212(c) Waiver Still Working for Lawful Permanent Residents!
Section 212(c) waiver saved my client from deportation today!! Before the immigration laws changed in 1996, my client, an Egyptian citizen who is a lawful permanent resident of the United States, was convicted of a counterfeiting offense, a crime involving moral turpitude under current immigration laws, for which he received a sentence of probation only. He continued traveling internationally without any problems re-entering the United States, despite the fact that he had a criminal conviction. About one year ago, when he returned to the United States from a trip abroad, the Department of Homeland Security (DHS) discovered his conviction and started removal proceedings against him. Of course, as he was now facing removal, he needed an experienced immigration lawyer. He called me and we decided to discuss his case in detail to figure out what, if anything, could be done, to save him from deportation. After I talked with him, I told him that he was lucky that he was eligible for a deportation waiver that existed in the past, but which no longer exists because of the 1996 changes in the immigration laws.
My representation of this client was not "normal" -- he traveled back and forth to and from Egypt during the course of his removal proceedings. I often had to work with him while he was overseas, which, at time, proved challenging. But thanks to technology, such as emails and faxes, I made sure he had no excuses not to stay in touch with me! Of course, as it may be true with some cases, there were bumps along the way, thanks to time differences and unavailability of some documents, but nothing that my client and I could not resolve in preparing the case.
In Immigration Court, my client applied for a Section 212(c) waiver of his crime. This law no longer exists (because it was replaced with Cancellation of Removal in 1996), but a narrow group of lawful permanent residents still remain eligible for this waiver. My client's case required intensive document preparation. Under the new Immigration Court rules, everything had to be done precisely and correctly, to make it easier for the Immigration Judge to review my client's life through paper documents. No easy task, I assure you!
Almost one year after he was placed in removal proceedings, my client finally got his day in Court today. Because of his criminal history, I had to help my client prove to the judge and to the attorney for the DHS that he has obeyed the law and acted responsibly since his conviction. Working closely together, my client and I did that. In addition, after hours of preparation by me, my client’s testimony today was convincing. The Immigration Judge granted him Section 212(c) waiver! The DHS attorney said that he would not appeal. My client was so happy with his win, that he now wants me to represent him on his application for naturalization.
It is cases like this that make my job as an immigration lawyer rewarding. To see the happiness on my client's face was indescribable. He couldn't contain himself with excitement, knowing that this past is now really behind him, and that he can move forward with his life! Hopefully in the coming years, I will help him bring his family to the United States from Egypt through consular processing!
-Irwin Berowitz
My representation of this client was not "normal" -- he traveled back and forth to and from Egypt during the course of his removal proceedings. I often had to work with him while he was overseas, which, at time, proved challenging. But thanks to technology, such as emails and faxes, I made sure he had no excuses not to stay in touch with me! Of course, as it may be true with some cases, there were bumps along the way, thanks to time differences and unavailability of some documents, but nothing that my client and I could not resolve in preparing the case.
In Immigration Court, my client applied for a Section 212(c) waiver of his crime. This law no longer exists (because it was replaced with Cancellation of Removal in 1996), but a narrow group of lawful permanent residents still remain eligible for this waiver. My client's case required intensive document preparation. Under the new Immigration Court rules, everything had to be done precisely and correctly, to make it easier for the Immigration Judge to review my client's life through paper documents. No easy task, I assure you!
Almost one year after he was placed in removal proceedings, my client finally got his day in Court today. Because of his criminal history, I had to help my client prove to the judge and to the attorney for the DHS that he has obeyed the law and acted responsibly since his conviction. Working closely together, my client and I did that. In addition, after hours of preparation by me, my client’s testimony today was convincing. The Immigration Judge granted him Section 212(c) waiver! The DHS attorney said that he would not appeal. My client was so happy with his win, that he now wants me to represent him on his application for naturalization.
It is cases like this that make my job as an immigration lawyer rewarding. To see the happiness on my client's face was indescribable. He couldn't contain himself with excitement, knowing that this past is now really behind him, and that he can move forward with his life! Hopefully in the coming years, I will help him bring his family to the United States from Egypt through consular processing!
-Irwin Berowitz
Tuesday, June 23, 2009
Deportation Waiver Granted Despite Crimes Involving Moral Turpitude Convictions!
Crimes involving moral turpitude convictions does not always necessarily mean automatic deportation. Yesterday, one of my detained clients won his case in front of an Immigration Judge in New York City. This man has been a permanent resident for 15 years. In the 1990s, he was convicted of two crimes involving moral turpitude. He never spent a day in jail. However, when he returned to the United States last January from a trip abroad, the Department of Homeland Security (DHS) took him into custody because it determined that he was removable due to his convictions. After he was taken into custody, he started looking for an immigration lawyer in New York City. One of my existing clients referred him to me. I met him in jail, discussed his case, and we agreed that I would represent him in immigration court. In Immigration Court, my client applied for an INA section 212(h) waiver.
Because of my client’s criminal history, I had to prove to the judge that if my client was not allowed to keep his permanent resident status, that at least one of his family members would suffer extreme hardship. After hours and hours of preparation with my client and his family, the day of the final hearing arrived. Although my client was extremely nervous, he remembered what I had told him, and he was able to adequately convey that he was a good husband and a father, and that his family needed him to be with them.
After my client had testified for three hours, the judge said that he was going to approve his case. The DHS attorney said that he agreed with the judge. My client was a winner, and last night, after spending more than 150 days in three different county jails, he returned home to his loving family.
-Irwin Berowitz
Because of my client’s criminal history, I had to prove to the judge that if my client was not allowed to keep his permanent resident status, that at least one of his family members would suffer extreme hardship. After hours and hours of preparation with my client and his family, the day of the final hearing arrived. Although my client was extremely nervous, he remembered what I had told him, and he was able to adequately convey that he was a good husband and a father, and that his family needed him to be with them.
After my client had testified for three hours, the judge said that he was going to approve his case. The DHS attorney said that he agreed with the judge. My client was a winner, and last night, after spending more than 150 days in three different county jails, he returned home to his loving family.
-Irwin Berowitz
Sunday, June 21, 2009
Not Enough Votes in Congress for Immigration Reform
On June 19, 2009, President Obama's Press Secretary, Robert Gibbs, announced that there aren't enough votes in Congress just yet to achieve the desired immigration reform.
-Ruchi Thaker
-Ruchi Thaker
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