Category: Service Areas

As Trump Eases Enforcement Priorities, Undocumented Immigrants Feel the Squeeze

If you want to understand what it feels like when Immigration and Customs Enforcement (“ICE”) comes to get an undocumented immigrant, read this article in Newsweek.

As a candidate for President, Donald Trump promised to round up the “bad hombres.”  His Attorney General has routinely called for stricter enforcement of our nation’s immigration laws.  John F. Kelly, the head of Homeland Security, has similarly promised that until Congress changes our immigration policies, his agency would enforce the laws on the books to the fullest extent possible.

Enter Jonatan Palacios, an undocumented man from Honduras.  Back in 2008, he was ordered deported by an immigration judge.  ICE recently found Mr. Palacios and took him in to immigration custody.

In an interview with Newsweek, Palacios said “I was so panicked.  I was trying to think through every little detail. Eventually, there was nothing else we could do and I just got out of the car, gave Lillie a hug and went with them.”

Immigration lawyers across the country explain that since Trump came into office, ICE has moved sharply away from the Obama-era policy of deporting criminals first.  Now, all undocumented immigrants are at risk.

Under Obama, agents were required to follow a specified list of priorities. Under Trump, ICE can investigate any undocumented immigrant they deem to be a “risk to public safety or national security” —a deliberately vague mandate, say immigration experts, that gives individuals in the agency a lot of leeway to make their own choices.  For better or worse.

This is contrary to candidate Trump’s promise to focus on “bad hombres.”

It should also spark a debate about what our nation’s immigration process should look like.

Do we really want to deport millions of people who have lived in the U.S. without proper authorization for years and years but who have committed no crimes?

Or, given the limited financial resources that ICE and other law enforcement agencies have, do we want to prioritize those who violate the laws?

In addition, the current approach under Donald Trump appears hostile, mean-spirited and destined to break up thousands of families.

 

 

Two Months After We Sue USCIS, Imtiaz Becomes a U.S. Citizen

Our office was hired earlier this year to file a mandamus lawsuit against USCIS and various other federal agencies because they were taking too long to decide a naturalization case filed by our client, Imtiaz.

His case was stuck at the Tampa field office of USCIS and he could not get any answers when he asked why his case had taken more than a year and a half to decide.

There was nothing unusual about his case.

No problems with the law.

No problems with immigration.

Imtiaz was a successful IT professional and a very nice fellow.

We filed suit on behalf of Imtiaz in the U.S. District Court for the District of Columbia on April 21, 2017.  The lawsuit asked a federal judge to compel USCIS to decide his case.  We also asked the judge to examine a previously-secret program known as the Controlled Application Review and Resolution Program (CARRP) and to determine whether the program was illegal.

We believed (and still believe) that USCIS was delaying Imtiaz’s case because of his religion and his country of origin.

Once we served each of the defendants with a copy of the complaint and two copies of the federal summonses, things started happening on Imtiaz’s long delayed case.

We were quickly contacted by the assistant U.S. Attorney who had to defend the lawsuit.  The AUSA informed us that Imtiaz would be scheduled for a naturalization interview immediately.

The interview was held on June 7, 2017 in Tampa.  Firm attorney Jim Hacking attended the interview which went very smoothly.

The supervisor who conducted the interview requested just a few pieces of additional evidence.  We provided all documentation requested to the Tampa field office the following day.

After a few more weeks of processing, Imtiaz’s case was approved and he was scheduled for his oath ceremony.  In Tampa, if you are not changing your name, you can be naturalized at the local USCIS office, which is what happened in Imtiaz’s case.

On June 27, 2017, Imtiaz was sworn in as a U.S. citizen.  From the time we filed suit until the time that he became a citizen, just a little over two months of time had gone by.

We are very happy for one of the newest U.S. citizens around.

 

 

Thai National Overcomes Alleged Misrepresentation, Obtains Lawful Permanent Resident Status

In December of 2015, our office was contacted by another immigration lawyer in town.  Her clients had been waiting for a green card for the foreign-born wife for over a year and a half.

The lawyer thought that our office could help.

We met with Frank and Gigi (* not their real names) and they told us their story.

Gigi was born in Thailand and was a widow.  Her husband had died in a motorcycle accident shortly after the birth of their second daughter.

A few years later, Gigi applied for a visit visa to come and visit relatives in the U.S.  Her first request for a visa was denied.  Then she hired a “visa consultant” in Thailand who “helped” Gigi fill out the visa application.

Gigi and the consultant completed the DS-160 and Gigi did her best to answer the questions truthfully and honestly.

But one of the questions asked about Gigi’s marital status.  She indicated on the form that she was “married.”  Gigi thought the question meant had you ever been married so she said yes.

The visa was approved and Gigi came to the United States.

A few months after she arrived, Gigi met a man named Frank.  Frank was a U.S. citizen and a former Marine.  Frank and Gigi decided to get married.

Frank completed an I-130 Petition for Alien Relative and Gigi applied for adjustment of status.  Wisely, they hired an attorney to help them with the application process.

Frank also filed I-130 Petitions for Gigi’s two daughters back in Thailand.  They were staying with Gigi’s parents.

The St. Louis field office scheduled Gigi and Frank for a green card interview.  They successfully completed the interview but then the case dragged on for months and months.

Frustrated and unable to get any answers from the local USCIS office, the attorney recommended that Gigi and Frank visit our office to see if we could help.

After discussing the situation and learning about the confusion surrounding Gigi’s visa application, we sent a letter to USCIS and threatened to sue them if they did not decide the case quickly.

Instead of issuing a grant or a denial, the Service sent us a new interview notice.  They claimed that Gigi had misrepresented herself at the embassy and wanted to discuss it with us.

We attended the interview and explained that there was no fraud or misrepresentation.  We explained that the only problem was that Gigi had misunderstood the question about marriage.  We provided proof of her ex-husband’s death and explained how it was all a misunderstanding.

A few months later, the Service invited us to file an I-601 waiver for the alleged misrepresentation.

Without conceding that Gigi had misrepresented herself, we did go ahead and file for the waiver.  We submitted evidence of how Gigi supported Frank, how she helped take care of Frank’s elderly father and the extreme hardship that would befall Frank if Gigi were not granted the waiver.

While we awaited that decision, the I-130s for the girls back in Thailand had been approved.  Gigi could not leave the country due to her shaky immigration status.  So Frank, the ex-Marine, went back to Thailand on his own to get the girls.

And that he did.

Shortly after Frank and the girls returned to the U.S., Gigi’s waiver and green card were approved.

Now the family is all united in St. Louis.  We ran into them yesterday at the Webster Groves Fourth of July carnival.

Turns out that Gigi is now pregnant.

We couldn’t be happier for this awesome family.

The Amazing Mr. and Mrs. Box

Back in 2012, attorney Jim Hacking had a consult with a young woman named Jeni and her boyfriend Jake.

What was interesting about this consult was that Jeni brought her friend Jennifer to the meeting.

Jennifer was an attorney and Jeni brought Jennifer for backup.

She wanted to make sure that the information that Jim gave her about a possible marriage based green card for Jake was legit.

So began an excellent adventure that culminated this week with Mr. Jake becoming a U.S. citizen.

Jake is from England. He grew up in Ipswich.  He fell in love with American football and played for many years.  Eventually, he began coaching defense to Europeans who also loved the sport.

Later, Jake brought his coaching talents to the U.S. That is when he met Jeni, the love of his life.

Jake and Jeni filed for adjustment of status to allow Jake to remain in the U.S.  Jake gave up coaching football after seeing how hard the life was for coaches in having to change jobs and move families all around the country.

Jake and Jeni were kind enough to invite us to their wedding.

Jake’s green card was approved.  Two years later, we filed to have the conditions removed on Jake’s green card without a problem.

The cool thing about Jeni and Jake was that they were always very appreciative of the American immigration system and considered themselves lucky that their cases went smoothly.  They empathized with those who struggled through the bureaucracy.

Last Friday, Jake became a U.S. citizen.

Jake’s parents attended the ceremony as did Jeni and their two sons, Everett and Kellen.

As immigration attorneys, there is something very special about being along the journey with people as they build a beautiful life together.  It makes being a lawyer very fulfilling.

As Jake and Jeni are wont to do, they held a party to celebrate Jake’s naturalization and were kind enough to include the Hackings as guests.  We felt very honored to be included.

And this picture below just about sums up how special and amazing Mr. and Mrs. Box are.  We love them.

What Happens After My Fiance Arrives in the U.S.

What happens after my fiancé’s case is approved at the embassy and they come to the United States? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri. We get this question from time to time. A lot of our fiancé clients are nervous and anxious about what’s going to happen when their noncitizen fiancé comes to the United States. Let’s talk through the process.

After the I-129F is approved at USCIS, the case is set temporarily at the National Visa Center while they arrange at the embassy to set the person’s case for an interview. Now, each embassy does things a little bit differently, and it can be a little bit confusing in that time period between when USCIS approves the case and when the case actually makes it to the embassy. Some cases go almost directly to the embassy, some seem to sort of wait at the National Visa Center. You really have to monitor it, and you have to look at each case differently.

What we do is we make sure that we’re following the case as the case is moved along after it’s approved by USCIS. At that point, you’re going to have to file a DS-160. Once that is complete and the case is set for an interview at the embassy, your fiancé is going to go the interview. It’s relatively short. They basically want to make sure that it’s a legitimate relationship, that the two of you have in fact met each other, and that the foreign national does intend to come to United States and marry the US citizen within 90 days.

They’ll take the person’s passport and either they’ll say, “Come back and pick it up from the embassy,” or “We’ll send it to by courier in the next week or two.” Once that happens and the person comes to the United States, then things start rolling. Now, usually after it’s approved at the embassy, you have four months for the foreign national to come to the United States. That visa stamp is usually good for 120 days. That’s the time frame that your fiancé’s going to have to come to the United States in most cases.

Once they arrive and you’re reunited, it’s obviously a very happy time. Then you have to go ahead and get married. The law says that you have to get married within 90 days. From the date of arrival, you have 90 days to get married and to record it civilly with the local government. Then, at that point, you file for adjustment of status based off the approved fiancé visa and the marriage.

You’re going to submit all the same forms you would normally submit with an I-485. The 485 is the application to adjust status. Then you’re going to have to file for the travel document, the work card. That’s how you get that process started. It goes off to USCIS. At that point, it takes about eight or nine months for that process to be approved. You will get that work card and travel card temporarily. While the green card is pending, that’ll come four months after you file. If you do everything correctly, if you get your fingerprints done, and then eventually you’re going to get that green card.

Now, lately we’ve been seeing an uptick in the number of fiancé interviews. There are rules that allow the service center to waive an interview for the fiancé and the US citizen. Then it’s also allowed at the local level, so that you really have two shots of having that interview waived. In other words, there’s a good chance that you might not have an interview, but lately we’ve seeing more and more of these interviews. In those situations, you have to demonstrate again that the person is a good person and deserving of a green card. You have to demonstrate that the relationship is real.

I would say that right now in about 20% of the cases, we’re seeing that there is an interview with the fiancé and the US citizen. I think a little bit of that is random and I think a little bit of profiling. They want to figure out if they see something about the case that they’re worried about or something that they don’t like, then you’re going to see a situation with an interview. I would suggest that if you do do all that and you get an interview notice that you wouldn’t want to go without an attorney. There’s something that they’re looking at in your case, and I think that’s important to keep in mind.

One important thing about a K-1 visa that sometimes gets neglected is that when you come on a fiancé visa, if a foreign national arrives on a fiancé visa, the only way that they can adjust their status, virtually the only way, is if they marry that US citizen. The K-1 is sort of a strange visa. It’s a non-immigrant visa, but everybody knows you’re coming to stay, which means you’re coming to immigrate to the United States.

The rule says that if you come on a K-1, there’s no other way for you to get your green card and that you have to do it based on that marriage. If you don’t, in most situations you’re going to have to go home. The only way you’d be able to stay is if you got sort of obscure visa based on domestic violence or witnessing a crime or some other really extreme way of staying, perhaps an asylum claim. The K-1 rules are strict, and you’re not going to be able to get a green card unless you do in fact marry that US citizen and that US citizen files to help you get the adjustment.

If you have any questions about the K-1 fiancé visa, about what to do after your fiancé case is approved, make sure to give us a call at 314-961-8200. You can email us at info@hackinglawpractice.com. If you like this video, please make sure to subscribe to our YouTube channel. We’ve got a good number subscribers. Now we put our content on there on a pretty regular basis. If you can share this on social media, Facebook, or wherever, we’re really appreciate it. Thanks a lot, and have a good day.

Can a writ of mandamus help in delayed asylum cases

 

Can a writ of mandamus lawsuit work for people who have delayed asylum cases? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of office here in St. Louis, Missouri. You know one of our favorite things to do here at the Hacking Law Practice is to file lawsuits on behalf of immigrants who’ve been waiting too long for immigration benefits. Typically, we do that in the citizenship context, so probably over a hundred people have benefited from working with us to file lawsuits on their behalf against the USCIS. The way it works is you file a lawsuit, you ask a federal judge who doesn’t work for the immigration service, who’s appointed for life and who is not part of the executive branch, to compel the immigration service to decide a case.

We’ve had people who’ve been waiting for their citizenship for one, two, three, four, five, even nine years benefit from us filing a lawsuit. When you file a lawsuit, it generally requires the USCIS to take the case off the shelf. For some reason, they’ve taken people’s cases and put them up on the shelf, and the lawsuit makes them explain the source of the delay. When delays have gone on for a really, really long time, the agency usually does not want to fight. They just want to move the case forward. We oftentimes get positive movement on the cases, oftentimes scheduling an interview or scheduling an oath ceremony.
We’ve always known that it works in the citizenship context. We’ve also had success, which you can learn about on other videos, when it comes to green card delays. We even had success suing the State Department for delays in processing immigrant visas for the spouses of US citizens. The one thing we’ve never done before is file a mandamus action for someone who had been waiting for asylum. One of the reasons we were reluctant to do that is we weren’t entirely sure, given the fact that the immigration service and the asylum office has so much discretion in granting or denying asylum, we were reluctant to file a lawsuit on the asylum front. We weren’t sure if it was going to work.

About six months ago, we were hired by a very nice couple from Syria who happen to live in Michigan. They had filed for asylum in December of 2012. They had their interview just a few months later, which is unusual, but it does happen. Sometimes, randomly, certain asylum cases get assigned very quickly to an interview. Their interview happened literally six weeks after they filed. The interview was in January of 2013, and at the time that they hired us in October of 2016, they had been waiting for three and a half years for their decision. They had done everything they could do to try to get help. They had contacted the CIA ombudsman. They had contacted their senators and representatives in Michigan, and they had made numerous InfoPass appointments, and they just couldn’t get any movement.

One thing to keep in mind is this couple had hired the largest immigration law firm in the country. If I told you their name, you’d have heard of them. They have offices around the country and around the world. I think generally they specialize more in business immigration, and while they did take this asylum case, when I reviewed the paperwork that had been filed, I didn’t think they had done a very job. Specifically, what I complained about was the fact that the statement that was submitted in support of the asylum application was all over the map. It wasn’t very focused. It left a lot of things wide open and a lot of issues for inquiry by the asylum officer.

I talked to my client about how the initial interview had gone. He said that it had gone very well, that the officer had talked to them for about an hour, which is also unusual, and that the asylum case, he was told by the officer, would be approved in a couple of months. None of that made real sense. Nonetheless, we decided to file a lawsuit. We filed suit in Chicago, because that’s where our client’s asylum case was pending. We filed it in federal court. We served copies on the defendants, and pretty quickly, he got rescheduled for another interview. That was last January. I attended the interview with my clients. It was a long day. My client had a lot to say, and they had a lot of ground to cover. They were revisiting and reissuing focus on the case and the questions that had been answered back in 2013, and they wanted to make sure that my client had not supported any kind of groups that the United States was worried about in Syria.
When the interview was over, we thought that we had done a good job and that we would be getting a decision shortly.

It turns out that we had to wait a little bit longer. Now, the defendants had a certain amount of time to answer the lawsuit. Typically, it’s 60 days, but because they were working with us, we had given them some extensions and were coming up against a new deadline. I got a call from the US attorney who was defending the lawsuit to tell me that, lo and behold, the immigration service, the asylum office, wanted to interview our client one more time. Now, I took this as a good sign, because I figured if they wanted to deny the case, they wouldn’t call us back in for another interview, but that’s in fact what they did. This week, we went up to Chicago and had a third interview on the asylum case. It was relatively quick, but it was about an hour long.

One thing the attorney had told me when he called was that he was willing to promise that we would leave the asylum office that day with a decision. It was a very stressful day for my client and for me. We went through that hour-long third interview, and then they asked us to wait so they could talk to the supervisor. They had a few more questions after that, and then we had to wait a few hours while they issued their decision. We spent that time pacing back and forth in the asylum office. It was back like when I had trial work, and I was waiting on a jury. I really wasn’t sure which way it was going to go. The officer didn’t want to come out and see us herself. She had the lady at the front window give us the decision, so we’re sitting there waiting for the decision. It was very suspenseful. I was very worried.

The decision was sitting across from us. I couldn’t tell what it said. I was pretty sure that it was going to be a denial, but the agent happily told us that our client had been approved. His long four-and-a-half year wait for asylum had been granted, that he’d been granted a parole into the United States, and that he was going to be treated as an asylee, that a year from now, he can apply for a green card, and then five years after that, he can apply for citizenship. This happened on a day that there was a horrible gas attack in Syria, so it only led more importance and significance to the victory. We were very, very excited for our client and his wife and his two lovely US citizen daughters. They’re not going to have to go back to Syria or to leave the United States. It was quite a victory, and we’re really happy for our clients.

Lesson learned. If an asylum case has been pending for a really, really long time … It’s not going to work in every case, and I would say a delay of two or three or four years is sort of the minimum before we file a lawsuit, but to know that the immigration service, the asylum office, and the US attorneys will work with us on asylum cases is a very valuable lesson.

If you have experienced delay in any kind of immigration case, whether it’s citizenship, green cards, visas, anything, make sure to give us a call at the Hacking Law Practice, 314-961-8200. You can email us at info@hackinglawpractice.com. If you like this video, be sure to click the subscribe button below. Give us a like and a shout out on social media. We’d really appreciate it. It’s a big help. If you have questions that you want us to cover, just feel free to email us at info@hackinglawpractice.com, and we’ll try to shoot a video for you. Thanks a lot. Have a great day.

 

Trump Administration Shakes Up the H-1b System

Over the past several weeks, the nation has seen some revisions to the interpretation of our country’s immigration laws related to the system that allows foreign nationals to work in the United States.

Generally, foreign nationals are not allowed to work in the U.S. without authorization.  The name of the visa that most foreigners use to work is the H-1b visa.

Federal law allows for the issuance of 65,000 H-1b visas to foreign nationals with a college degree in a “specialty occupation.”  Another 20,000 such H-1bs are set aside for foreign workers with a master’s degree from a U.S. institution of higher learning.

The H-1b system is based on federal law, as passed by Congress many years ago.

The President’s role in the H-1b system is to enforce laws passed by Congress, including the H-1b system.  The new Trump administration has made several recent and important changes to the H-1b program.

These changes will affect immigrants working in the St. Louis area and throughout the United States.

Premium Processing Suspended

The first change occurred in late March of 2017, shortly before the filing deadline for the next fiscal year of H-1b visas.  The Department of Homeland Security issued an announcement on the USCIS website that premium processing for H-1b visas had been temporarily suspended.

Premium processing allows an employer seeking to hire a foreign worker to obtain an answer in a few short weeks as opposed to waiting for five or six months.  Under the Trump administration, foreign workers and the U.S. companies that wish to hire them will have to wait much longer for an answer.

Mr. Trump made it clear during the presidential campaign that his number one priority was helping American workers and it appears that this change is designed to make it harder and more cumbersome to hire foreign nationals.

Computer Programmer Job May No Longer Qualify

On March 31, 2017, the day before next year’s H-1b applications were due, USCIS changed the rules regarding the availability of H-1b visas for the position of “computer programmer.”

The agency rescinded a 2000 memorandum that said that the role of a computer programmer would usually qualify as a specialty occupation and therefore be eligible for an H-1b visa.

USCIS issued a new memorandum that makes clear that foreign nationals employed as computer programmers, especially those in entry-level positions, may no longer be treated as working in a “specialty occupation.”  Because many computer programmers work without a specific college degree in computer programming, the job may not always be considered a specialty occupation.  Therefore, the H-1b visa may not be available for these foreign workers.

From the memo:

Based on the current version of the [Occupational Outlook] Handbook, the fact that a person may be employed as a computer programmer and may use information technology skills and knowledge to help an enterprise achieve its goals in the course of his or her job is not sufficient to establish the position as a specialty occupation. Thus, a petitioner may not rely solely on the Handbook to meet its burden when seeking to sponsor a beneficiary for a computer programmer position. Instead, a petitioner must provide other evidence to establish that the particular position is one in a specialty occupation as defined by 8 CFR 214.2(h)(4)(ii) that also meets one of the criteria at 8 CFR 214.2(h)(4)(iii). Section 214(i)(1) of the INA; see also Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007).

This is an important change.

Any employer looking to hire a foreign national is required to pay the prevailing wage.  The prevailing wage is calculated by looking at the average wages paid in a particular geographic area for that occupation type.

Computer programmers make significantly less than software developers.  The thought is that employers have been saving money and undercutting the American worker by paying foreign nationals as computer programmers instead of as software developers.

This change will require companies, especially foreign staffing companies, to pay a lot more to their employees or risk having their H-1b applications denied.

It is interesting, to say the least, that the Trump administration decided to make this announcement on the day that immigration lawyers and employers were shipping thousands of H-1b applications to the USCIS service centers for processing.  It appears that this was designed to harm employers who were relying on their ability to hire foreign nationals in this role.

H-1B Abuse Enforcement Announced

On April 3, 2017, USCIS issued a press release to announce “multiple measures to further deter and detect H1B visa fraud and abuse.”

The release is entitled Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse.

USCIS has adopted new criteria to determine which H1B employers and worksites are to be targeted for site visits. An updated website and email address have been implemented to purportedly make it easier to notify USCIS that H-1b abuse has occurred.

Site Visits and Enforcement

Since 2009, USCIS has routinely conducted random site visits of H-1b employers and work sites. Starting with the issuance of the press release, USCIS will ramp up the number of site visits conducted and The USCIS has been conducting random site visits to the offices of H1B petitioners and work locations since 2009. Effective immediately, however, the USCIS will increase the number of site visits it conducts and “take a more targeted approach when making site visits across the country.”

The memo takes aim at the following situations: employers whose basic information cannot be verified through commercial databases; employers deemed “dependent” on H-1B workers; and, employers such as consulting companies whose employees will work off-site at another organization’s location.

USCIS also announced the use of a new email address (ReportH1BAbuse@uscis.dhs.gov) to allow American workers to report suspected H-1b fraud or abuse.  The agency also published an online reference page that lists other available ways that suspected H1B fraud or abuse may be reported.  The website also lists examples of the types of behavior that may indicate H-1b fraud.  The protections available to U.S. workers are also provided on that site.

On the same day that USCIS issued its press release, Attorney General Jeff Sessions’ Department of Justice sent out a separate release that makes it clear that U.S. employers are not supposed to discriminate against the American worker.

From the release:

The anti-discrimination provision of the Immigration and Nationality Act (INA) generally prohibits employers from discriminating against U.S. workers because of their citizenship or national origin in hiring, firing and recruiting. Employers violate the INA if they have a discriminatory hiring preference that favors H-1B visa holders over U.S. workers.

“The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. “U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims.”

These recent changes suggest that Mr. Trump intends to make it more difficult for foreign nationals to work in the U.S.  As a candidate, Trump consistently portrayed immigrants as outsiders coming to take “our jobs.”  These changes to the law may make it significantly harder for employers to hire and retain foreign nationals.

We will keep you apprised of any additional changes to the law.

Indian Doctors Face Deportation Due to Paperwork Error

Two Indian physicians who reside in Houston, Texas, face imminent deportation from the United States due to a paperwork error.

Dr. Pankaj Satija is a neurologist who helped found the Pain and Headache Centers of Texas.  His wife, Dr. Monnika Ummat, have resided in the U.S. for many, many years.  Dr. Ummat is also a neurologist.  She specializes in treating epilepsy at Texas Children’s Hospital.  They are the parents of 2 U.S. citizens, 7-year-old Ralph and 4-year-old Zoeey.

The pair faced removal last week after immigration officials refused to extend Dr. Satija’s and Dr. Ummat’s temporary permission to stay in the U.S.  The decision by Homeland Security may cause dozens of Texans who suffer from neurological disorders to be without their doctors.

“I have 50 patients today and 40 patients tomorrow,” said Dr. Satija. “I’m just concerned they’ll be left in a lurch. They could land up in the emergency room.”

The Houston Methodist Hospital System sponsored Dr. Satija for a green card (lawful permanent resident status) in 2008.  Dr. Ummat would be eligible to adjust status as his spouse.  But because the couple are from India and because USCIS has a nearly decade-long backlog for Indian professionals to adjust status, they have not yet received their LPR status.

The couple regularly renewed their travel documents and work authorizations.  But last year, their permission to travel abroad was extended for only one year instead of two years, which had typically been what they received.  Later snafus by Customs and Border Patrol contributed to the confusion.

The couple never noticed the problem.  Then Dr. Satija’s brother called from India to tell him that their father had been admitted into intensive care and was gravely ill.  The entire family flew to India.

When they returned to the U.S., they learned that they had left the U.S. on expired advance parole documents (the formal name for the travel documents).

CBP allowed the couple to enter the U.S. on deferred inspection, which means they were allowed in but would have to explain how they believed they were entitled to stay at a later date.

When they brought their paperwork back to CBP, they were initially told that everything would be okay.  But the next day, they were told “[s]omebody up there has decided you have to leave the country in the next 24 hours.”

According to the Houston Chronicle, in two expansive immigration memos the Trump administration issued in February, it directed the nation’s three main immigration agencies to “sparingly” use the practice of parole, though it hasn’t yet detailed the new regulations.

At the end of last week, DHS did agree to give the couple another 90 days to try and sort out the situation.

This story demonstrates a few themes we talk about at the Hacking Law Practice on a regular basis.

First, it is absolutely ridiculous that we have an immigration system that takes nine years for a pair of super-qualified doctors from India to get lawful resident status.

Second, it is absurd that we are even talking about the possibility of deporting these people who serve sick Americans every day of their lives.

Third, immigrants are awesome and help this country every day.

 

U.S. Army Veteran to be Deported

Miguel Perez is not a U.S. Citizen.

His two children are.

Despite this, he is scheduled to be deported due to a conviction for selling drugs.

Perez served in the U.S. Army in Afghanistan.

He enlisted for not one, but two, tours.  According to his family, Perez “was blown out of his Jeep in Kandahar” and suffered a traumatic brain injury as a result of the blast.

He suffered from Post Traumatic Stress Disorder.  He started self-medicating with alcohol and he then turned to drugs.  That led to the selling of drugs.

Sadly, he had the opportunity to become a U.S. citizen after serving in the Army, but he didn’t understand how the process worked.  He thought that simply serving in the military resulted in him automatically becoming a U.S. citizen.

America has done a poor job of taking care of the women and men who fought in George Bush’s wars in Iraq and Afghanistan/. Problems at the Department of Veterans Affairs are legendary.

We provide little funding for treating the psychological injuries of war.

But when a man or a woman volunteers to pickup a gun and defend this country, we should be there for that soldier when they return.  If they make a mistake and commit a crime, go ahead and punish them.

But in this huge political push to see who can out-tough other politicians when it comes to immigrants, real people get caught up in the system.

We abandoned this man to the streets after he fought for us. This is deplorable what the government is now trying to do.

We believe that if you serve our nation honorably and come back to the United States that you should not be deported. A black letter rule that would prohibit us from deporting women and men who put on our country’s uniform.

Miguel Perez is running out of options. He has already been ordered de-or Ted by the immigration judge.  He is seeking relief in the Board of Immigration Appeals and has asked for members of Congress to assist him.

Will we leave this blood brother behind?  After what we a

Lawsuit Pays Off For Detroit Green Card Holder

This is our client, Bhavin.

Bhavin was born in India and came to the U.S. to study.

He is an engineer and works for Ford Motor Company. Bhavin lives near Detroit, Michigan.

Bhavin obtained lawful permanent resident status many years ago through his family.

In the summer of 2015, Bhavin filed an N-400 naturalization application with USCIS.

He underwent fingerprinting and biometrics at the Detroit USCIS Application Support Center.

Then he waited for his interview.

And waited. And waited. And waited some more.

He did everything that he could do to follow up with USCIS to see why his case had been delayed.

No one would give him a straight answer.

Bhavin went to InfoPass appointments at USCIS. That didn’t work.

Bhavin asked for members of Congress to help. That didn’t work, either.

Bhavin asked for the USCIS Ombudsman, who is supposed to be the consumer advocate at USCIS to intervene. Still that didn’t work.

Frustrated, Bhavin did not know what to do.

After waiting over 15 months and running out options, he took to the internet.

He found a forum on a website called Trackitt. This website allows people with similar problems to talk about them online and to post about possible solutions.

Bhavin found some references to a crazy immigration law firm in St. Louis that helps people whose immigration cases have been unfairly delayed.

He scheduled a Skype consultation with attorney Jim Hacking of our office.

Bhavin decided to sue USCIS after meeting with Mr. Hacking.

That was six weeks ago.

Today, Bhavin had his naturalization interview at the Detroit field office of USCIS.

The interview lasted about 30 minutes. Mr. Hacking flew in from St. Louis for the interview.

Everything went well and Bhavin was approved on the spot.

His oath ceremony is scheduled for one week from now.

Congratulations, Bhavin!