BLANDON LAW

PERM

2011-06-13T20:17:00.000-04:00

PERM is the online system which allows employers to take the first step in sponsoring foreign nationals for legal permanent residency. In most cases, employers must demonstrate to Immigration that there are no U.S. workers for the job. This is done by obtaining a labor certification from the Dept. Of Labor.

In order to obtain a labor certification, employers must register with the PERM system and file the application. Although this is a complex system and one misstatement on the application results in denial of a case that takes years to reach decision, attorneys are not allowed to register on behalf of their employer clients.

Habeas

2011-06-02T10:04:00.001-04:00

Foreign nationals who are improperly detained have several ways to obtain release. One of the oldest methods is by filing a writ of habeas corpus. This lawsuit, filed in court, basically challenges the authority of the enforcement agency to hold a foreign national in detention. Because this is a specialized aspect of immigration law, the family members or friends of the detained foreign national should absolutely discuss the matter with an experienced professional.

E-mail newsletter

2011-05-26T09:28:00.000-04:00

Blandon Law sends an e-mail newsletter on topics of interest relating to immigration. These newsletters are sent about every three months to subscribers. They include updates on laws, testimonials from happy clients, as well as information that helps all clients. For example, one newsletter explains how social media networks provide value by connecting the immigration lawyer to foreign nationals throughout the world.

To subscribe, send an e-mail request to BlandonLaw@aol.com and write NEWSLETTER in the Subject line.

Green Card

2011-05-25T17:17:00.000-04:00

Legal permanent residents receive a green card when they receive their new status. A green card is much like a wedding ring -- even if it is lost, a person is still married. Likewise, a foreign national maintains status as a legal permanent resident even if the green card expires or is lost or stolen.

Before renewing the green card, foreign nationals should consider applying for naturalization.

Definition: Fiances and their Children

2011-05-24T16:02:00.000-04:00

A fiance visa is available to bring a foreign national into the United States specifically for the purpose of marriage. This might be a better alternative than marrying the foreign national abroad, especially if the foreign national has children. The foreign national's children can enter on a K-2 visa until the age of 21 years of age.

There is currently litigation about whether K-2 visa holders can obtain residency after they become 21 years old.

Extraordinary

2011-05-18T20:59:00.000-04:00

Foreign nationals with extraordinary abilities can obtain visas to come to the U.S. temporarily or legal permanent residency which allows them to remain indefinitely. The term does not refer simply to someone whose skills are above ordinary, but rather are reserved for those who make up the top echelon in their field.
The best way to prepare a case based on extraordinary skills and achievements is to narrow the field of specialty. The foreign nationals may not be extraordinary attorneys, but perhaps they are extraordinary immigration attorneys specializing in employment visas.

Board of Immigration Appeals

2011-05-05T13:37:00.000-04:00

The Board of Immigration Appeals reviews the decisions of Immigration Judges and some of the decisions of the Dept. of Homeland Security. Thus, an appeal of a denial by an Immigration Judge is reviewed by the Board. Among those DHS decisions reviewed by the Board are the following:

Decisions involving fines and penalties
Appeals by petitioners relating to discretionary revocations of family-based petitions
Decisions involving 212(d)(3) waivers of inadmissibility for nonimmigrants
Some decisions relating to bond and detention

Consular processing

2011-05-03T10:24:00.000-04:00

Consular processing generally refers to obtaining immigrant and non-immigrant visas in posts (embassies and consulates) of the Department of State throughout the world. Foreign nationals may obtain non-immigrant visas to enter the United States temporarily. Consul officials also have the authority to grant immigrant visas, with which foreign nationals enter the United States with the intent to remain permanently as legal permanent residents. Once the immigrants arrive, the processing is completed in the United States and the green cards usually arrive in the mail.

Spouses of U.S. citizens who live abroad are a special category. They also undergo consular processing for K-3 visas, which demonstrate an immigrant intent. However, K-3 visa holders must apply for legal permanent residency after they enter the United States.

Adjustment of Status

2011-04-29T14:01:00.000-04:00

This is the process by which a foreign national, who is in the United States, applies for legal permanent residence. Sometimes, the foreign nationals must attend an immigration interview before a government officer. While the adjustment of status case is pending, the foreign national is allowed to remain in the United States.

New Mascot for the New Year

2011-01-04T11:22:00.000-05:00

     The law firm has a new office pet: Snowball the cat. He has a sweet disposition, blue eyes and white hair. With his loud purr, we considered calling him Ford (like the name of a Miami Immigration Judge and the well-known auto company). We also considered names like Freedom, Justice and Dream. This last name recognizes the law we are hoping will pass in 2011.
     Snowball was the name given by the Humane Society of Broward County.
    Although clients might see him about, the conference room and the lobby are cat-free zones.  We always seeks to make our clients happy.

DREAM Again

2010-12-09T10:07:00.000-05:00

The House of Representatives and the Senate are once again considering the DREAM Act. Under that law, thousands of foreign nationals who were brought into the U.S. as children and either study or join the military can obtain legal status.
There are differences between the two versions of the law which must still be negotiated. Click through to the analysis of AILA. However, because of the wide appeal of this bill, it is expected to become law soon. Supporters include the military and the universities. In fact, even Janet Napolitano, the head of the Department of Homeland Security, wants to see the bill become a law as soon as possible. Read the New York Times story here.

Suing Immigration: Delays + Injustice = Lawsuits

2010-11-14T16:12:00.000-05:00

Citizenship. The Citizenship and Immigration Service must decide whether to approve a naturalization case within 120 days. If it does not, the immigration law firm of Blandon Law will sue them and obtain results. On more complex cases, Blandon Law works with a team of other immigration experts highly experienced in federal court immigration lawsuits.

This is true even if the attorney did not represent the legal permanent resident at the naturalization interview. The response to a number of the Firm’s lawsuits (with the appropriate follow up by the immigration attorney) has been the delivery of a Naturalization Oath ceremony letter sent directly to the legal permanent resident in the mail. What seemed to be insurmountable matters are suddenly quickly resolved.

Removal of Conditions. Immigration should decide the Application to Remove the Conditions on Residency (Form I-751) during a reasonable time. Unfortunately, too often, CIS takes over two years to decide these cases. That is a huge injustice when foreign nationals have separated because of abuse or divorce. After so much time, the evidence of a valid marriage is old and Immigration is likely to request new evidence which, by then, simply is not available. A denial of Form I-751 results in the foreign national being sent to Immigration Court to defend against deportation. To insist that Immigration decide the Form I-751, Blandon Law files successful lawsuits when CIS takes more than a year to approve the removal of conditions application.

Asylum. Depending on the reason for the denial from the Board of Immigration Appeals (BIA), a foreign national may be able to file an appeal directly with the Court of Appeals. The federal courts are strict adherents of the law and take Immigration Judges and the BIA to task if cases are not ruled upon according to established case law. If a client has been treated unfairly, litigation is the most efficient method to obtain justice.

For help with your complex case, call 954-385-0157.

Porting to New Employer -- Case with First Employer Must be Approved

2010-10-22T09:35:00.000-04:00

     Immigration recently published a case which affects foreign nationals who wish to become residents based on employment. There are two parts to such a case: the employer's petition and the foreign national's application for residency.
     The law says that a petition filed by an employer remains "valid" if over 180 days pass from the date the application for residency is filed. It is not uncommon that Immigration takes more than 180 days to process a foreign national's application for residency.
     In the past, foreign nationals were pleased with this law because many interpreted it to mean that they could change employers and "port" to a new job if Immigration did not decide the case within 180 days.
Not so.
    In this new case, Al Wazzan, Immigration has decided that in order for the foreign national to obtain residency, the first employer's petition must be approved. This is a terrible decision because years after a foreign national no longer works with the first employer, the first employer may decide to withdraw the petition, sell or close the business. If this happens, according to the new case, the foreign national will not obtain residency.

Apply Now to Save Money

2010-09-28T14:28:00.000-04:00

The US Citizenship and Immigration Service has decided to adjust fees for immigration applications and petitions. Fees will be increased by a weighted average of about 10 percent but will not increase the fee for the naturalization application. The new fees will go into effect on November 23, 2010.

Republicans block DREAM Act

2010-09-23T07:53:00.000-04:00

     The Republicans in the Senate yesterday unanimously voted to block the fiscal 2011 defense authorization bill (S. 3454). Click through for the story from the New York Times. As a result, the DREAM Act will not be considered in Congress. It was to be added as an amendment to S. 3454.
   The DREAM Act is a law which permits persons to obtain residency if they were brought to the U.S. before they were 16 years of age, if they have been here over 5 years, and if they attend college or join the military. It was a win-win for the children and for America. Without such a law, America is effectively educating children in its public schools and then sending them abroad to become workers for other countries. We're training our competition.
   The Republicans voted strictly on party lines.

Congress could consider DREAM Act this week

2010-09-20T08:29:00.000-04:00

    Senate Majority Leader Harry Reid (D-NV) announced his intention to include the DREAM Act in the major defense bill scheduled for floor action this week. The DREAM Act will allow persons who were brought into the U.S. as children to legalize their status so long as they study in college or enroll in the armed forces.
     The version of the Defense Authorization bill that passed the House of Representatives in late May did not include the DREAM Act provision. If the Senate passes their version of the defense bill with the DREAM Act intact, it will still need to survive the conference committee reconciliation and then come back before each chamber for a final vote.
     The DREAM Act would not be the only controversial amendment debated during action on the defense bill. A repeal of Don’t Ask Don’t Tell, which would allow gay and lesbian service members to openly serve in the military, will be included in the massive bill. The repeal has already passed the House in their version of the bill. The last time the Senate voted on the DREAM Act was in 2007, as a stand-alone measure, when it came 8 votes short of overcoming a filibuster.
     Part of this information was obtained through the American Immigration Lawyers Association.

Secure Communities

2010-09-16T13:45:00.000-04:00

     Enforcement of existing immigration laws has become one of the top priorities for the Dept. of Homeland Security. Immigration and Customs Enforcement (ICE) is expanding their system of identifying, detaining and removing foreign nationals with criminal records. The initiative is known as Secure Communities.
     When persons are arrested, local law enforcement agencies obtain their fingerprints. These fingerprints will now be used, together with ICE's database, to determine the immigration status of the persons arrested. If they are here without authorization, they will be detained and placed in removal proceedings before an Immigration Judge. Although ICE claims that its first priority is to remove dangerous criminals, the evidence may indicate otherwise. Click through to the New York Times editorial.
     To avoid losing precious rights, detained foreign nationals must hire attorneys immediately. There are new cases every day that might help foreign nationals avoid removal. Only an attorney can represent foreign nationals before an Immigration Judge.

Rules for Visitors Who Want to Become Students

2010-08-22T17:41:00.000-04:00

Recently, the Citizenship and Immigration Service published a memo reminding foreign nationals about the regulations to become a student if they entered as a visitior in B-1 or B-2 nonimmigrant status. If they would like to enroll in classes, they may apply for a change of status to academic (F-1) or vocational (M-1) student status if they: have not yet enrolled in classes, have unexpired status, and have not engaged in unauthorized employment

Enrolling in classes while in B-1/B-2 status will result in a status violation. Foreign nationals who have violated their nonimmigrant status by enrolling in classes are not eligible to extend their B status or change to F-1 or M-1 status. These regulations provide no exceptions.

Deportation When Drug Conviction Vacated

2010-08-03T11:32:00.000-04:00

Foreign nationals can be removed from the

United States

when the Attorney General "knows or has reason to believe" that they have been trafficking in any controlled substance. Unlike other reasons to have someone removed from the United States, this law allows foreign nationals to be removed based on conduct even when there was no criminal conviction. In the past, Immigration has used the "reason to believe" law to remove foreign nationals even when the drug convictions were vacated.
     Fortunately, the Eleventh Circuit Court of Appeals just ruled in Garces vs. Attorney General that when a foreign national has been convicted for trafficking in controlled substances and that conviction has been vacated, there is not enough evidence to justify a "reason to believe" removal. This is true even though the arrest report describes the foreigner’s involvement in the drug trafficking.
     So in several states including Florida, police reports even when coupled with a conviction that is later vacated, are not enough to have someone deported on these grounds.
     This is not legal advice as your case may have the risks and benefits that are not apparent. For the strategy to meet your immigration goals, contact (954) 385-0157.

America Needs Immigrants, Report Confirms

2010-07-30T09:54:00.000-04:00

The Immigration Policy Center just issued a detailed state-by-state report analyzing the economic impact of immigrants. Intelligent debate about immigration must include recognition of the following:

Immigrants, Latinos, and Asians account for large and growing shares of the U.S. economy and electorate. Overall, immigrants made up more than 12% of the U.S. population (or nearly 38 million people) in 2008, and more than 43% of them are naturalized U.S. citizens meaning they are eligible to vote.
In 2008, Latinos and Asians accounted for nearly 20% of all Americans and wielded $1.5 trillion in consumer purchasing power.
The businesses they own had sales and receipts of $549 billion and employed 3.7 million people at last count.

This last item is my personal favorite tying the need for immigrants directly with the American goal of improving our economy.

Web Site of Immigration

2010-07-28T10:36:00.000-04:00

For many reasons, including financial constraints, some foreign nationals prefer to file applications with the Citizenship and Immigration Service on their own. General information on immigration benefits and the applications -- including instructions -- is available at the CIS web site.
Foreign nationals especially file applications for the following matters without the assistance of an attorney:

Renewal of a green card
Naturalization without arrests or substantial time outside the country
Petitions for immediate blood-relation family members (children and parents)

Other cases, however, can be delayed or denied if filed improperly or without the required evidence. That is why I strongly encourage foreign nationals to begin their research at the CIS web site. After learning about various options, an attorney can provide the best strategy to efficiently meet their immigration goals. In legal matters, an educated consumer is the best client.

Unlicensed Practice of Law

2010-07-19T14:11:00.000-04:00

     Elizabeth R. Blandon, Esq., has been appointed by the Supreme Court of Florida to serve on the local Unlicensed Practice of Law (UPL) committee, effective August 1, 2010.
   The purpose of the UPL program was best explained by the Supreme Court as follows:
     The reason for prohibiting the practice of law by those who have not been examined and found qualified to practice is frequently misunderstood. It is not done to aid or protect members of the legal profession either in creating or maintaining a monopoly or closed shop. It is done to protect the public from being advised and represented in legal matters by unqualified persons over whom the judicial department can exercise little, if any, control in the matter of infractions of the Code of Conduct which, in the public interest, lawyers are bound to observe.
     Unfortunately, foreigners -- who do not understand the American legal system and the obligations of immigration attorneys -- are easy targets for paralegals and notarios. As recently as last month, a scam artist was arrested for allegedly stealing thousands from the unwary. See the full story at this link.

Floridians: Does He Represent You?

2010-07-15T09:14:00.000-04:00

Attorney General (and candidate for Governor) Bill McCollum is adding Florida to a list of states supporting the Arizona immigration law. McCollum announced the plan to join with other states supporting the Arizona law against legal challenges by the Obama administration.

Mr. McCollum, Republican, is using a legal issue to advance his political career. "I support the current law in Arizona, and I support efforts to see a similar law brought to our state. Seeing no action or leadership from the federal authorities, Arizona has every right to move to protect its citizens, and for this they are being sued by the President," said McCollum.

The lawsuit against Arizona was filed by the federal government -- not specifically President Obama -- because it is contrary to the Constitution for one state to make immigration policy. It is the same as if Alaska, by itself, declared war against Russia or declared that only persons over 30 years of age can vote. States simply do not have that power. Arizona's argument is that its laws are consistent with the federal immigration laws.

Click through to the full story in the Miami Herald.

Attention Guatemalan Women

2010-07-13T22:15:00.000-04:00

     Women from Guatemala who have been in the United States for less than a year should consider applying for asylum if they fled their homeland due to violence.
     The Ninth Circuit Court of Appeals ruled yesterday that Guatemalan women could apply for asylum because of the high murder rate of females in that country. More than 3,800 Guatemalan women have been murdered since 2000 and fewer than 2 percent of the crimes have been solved, according to the Center for Gender and Refugee Studies at the University of California, San Francisco.
     Asylees obtain employment authorization, a drivers license and one year after their case is granted, they can apply for legal permanent resident status, which allows them to work and stay in the country legally.
     Because violence against women extends throughout Central America, the Court's ruling will also be of significant benefit to females from other countries, such as Nicaragua, Honduras and El Salvador.
     To obtain legal advice and see if you should apply for asylum, contact the Firm at 954-385-0157.

Federal Government Sues Arizona

2010-07-07T09:59:00.000-04:00

      Yesterday, the Department of Justice filed a lawsuit against the State of Arizona because of its recently passed immigration law. The DOJ was joined by the Department of Homeland Security and the Department of State.
      According to Arizona's law, law enforcement authorities who suspect that someone is a foreign national in the Unites States without authorization must ask for immigration documents. Law enforcement officials including the Chiefs of Police of Phoenix and Tucson explained that this new law will greatly decrease their ability to effectively police their communities. This is because victims of, or witnesses to, crimes will be less likely to contact or cooperate with law enforcement officials. Also, the Chiefs of Police were highly concerned because this new law would require them to reassign officers from critical areas such as violent crimes, property crimes, and home invasion.
      As the Department of Justice explained, immigration law is a topic that is best addressed by Congress and not by individual states. The top Republicans of Arizona claim their state’s law is needed to remove illegals. Click through to story. Ironically, Republicans are the ones preventing comprehensive immigration legislation from becoming laws in Congress. Click through to that story.