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A Grandmother Deported…..

A Grandmother Deported…..

By John Foley, Esq.

It was difficult to understand what the daughter on the other end of the phone was saying through her sobs. “Pleeeeeeze” she cried repeatedly “please, please, please don’t let them deport my mother. It was all my fault. She didn’t do anything. She was only there because of me. Please, please, pleeeeeze promise me you won’t let them deport her.”

I waited for a break in her cries and between sobs told her I would do whatever I could but “in immigration law there are no guarantees. Sorry but it’s as simple as that.”

The daughter was in jail. She knew she was going to be deported. She had a drug problem that brought her to the attention of U.S. Immigration and Customs Enforcement—more commonly known as ICE. That same drug problem convinced her to give up custody of her only child, a U.S. citizen to her mother.

The mother’s world came crashing down after she stood by her daughter as the daughter was arraigned on the drug charges. As they were leaving the Court parking lot, their car was blocked by two ICE vehicles and they were swarmed by ICE agents. Both mother and daughter were taken into custody.

The daughter went to a county jail where she was placed in solitary confinement.

The mother, who has lived under the radar outside of Boston for the past twenty years had a meeting with ICE.

ICE did an FBI fingerprint check and other than driving without a license and a minor domestic matter, the mother has no criminal history.

She has a 15-year old son who is a U.S. citizen and a Probate Court order naming her the Guardian of her 10-year old grand-daughter. The Court order prevents her from taking the 10-year old outside Massachusetts much less the United States.

According to ICE she last entered the U.S. on a flight in 2006 and has been here illegally since then. When asked what she should do with the two U.S. citizen children in her care, one ICE agent shrugged his shoulders in an “I don’t know or care” kind of way and another simply said “not my problem.”

Copies of the U.S. birth certificates and Social Security cards for the children were provided, with records detailing medical issues for both children and the Court order preventing relocation of the 10-year old. After a somewhat tense exchange the ICE officer said “just enforcing the law. It’s that simple.”

A black battery operated ankle bracelet was fitted on her right leg and she was told what to do if it started to vibrate and how to recharge it. She was told not to try to take the ankle bracelet off and that she could wear it in the shower and there was no chance of getting a shock from it. The ICE officer who put it on said he would meet her at the airport and “discretely take it off” and watch as she boarded the plane out of the U.S.

She was told to report to ICE once a week and to show up in two weeks with an airline ticket out of the United States. She was also warned ICE could come to her home any time day or night to check on her.

She was given five weeks to get her affairs in order before she was returned to a country where she no longer had family, a home or any prospect of employment   She is being forced to begin life again at the age of 52.

Neither ICE officer answered when asked what she should do with the two minor U.S. citizens.

A neighbor, who kept saying he was a U.S. citizen, had driven her to the meeting with ICE. “She is a good person” he said “I’ve known her for years. She takes care of her family, she works hard, she pays her taxes. She is not the kind of person who should be deported. She’s not a criminal or in a gang. Why are they doing this?” he asked as he fought back tears.

I explained that none of that mattered to ICE. He asked if they knew she was the mother and grandmother of US citizens and that they’d be affected by their actions. I assured him ICE did know there were other U.S. citizens who would be affected by her deportation. But, to use the words of ICE they’re “just enforcing the law. It’s that simple.”

Unfortunately, it is anything but simple.

 

 

Visa applicants will now face stricter scrutiny during the vetting process!

Since his campaign, President Donald Trump has stated that he will increase national security at all cost. Over the past few months, President Trump has implemented travel bans, proposed giving more money to the military to keep immigrants out at the borders, and claimed that he will make Mexico pay for a wall to divide the borders.Most recently, the Trump administration has implemented a new questionnaire that will affect visa applicants, making the processes more difficult for visa applicants. This new questionnaire aims to provide stricter scrutiny during the vetting process.

Visa applicants will now be asked to produce their social media handles, email address, and phone numbers from the last five (5) years. This information was not previously required by the U.S Department of State (USDOS). Additionally, applicants will also be asked to produce all biographical information; including their past employment and travel information from the last fifteen (15) years. The United States Office of Management and Budget (US OMB)  has approved this questionnaire, despite the fact that the questionnaire will make it overly burdensome for applicants, create long delays in processing, and discourage international students and scientists from traveling to the United States. Immigration attorneys fear this questionnaire will delay the lengthy-process even further as applicants may not remember their information from so long ago. Additionally, there is significant concern for the negative consequences for applicants who make an innocent mistake on the supplemental questionnaire. The questionnaire appears to be on a trial run, however, as the form has been approved for a six-month period rather than the typical three years.

Our office will continue to monitor this process and provide any updates and new information. A sample of the supplemental questionnaire can be found here. For more information or questions regarding the new supplemental questionnaire and how this will affect your case, please contact Attorney Nicole Fink at (617) 973-6448 or via e-mail at Nicole@Foleylawoffices.com.

UPDATE: HAITI TPS EXTENDED FOR SIX MONTHS

The U.S. Department of Homeland Security (DHS) has extended the Temporary Protected Status (TPS) designation for Haiti for six (6) months. This extension is effective July 23, 2017 through January 22, 2018.

During this six-month period, DHS will re-evaluate Haiti’s TPS designation and make a decision in the form of an extension, re-designation or termination of TPS for Haiti. DHS is recommending Haitian TPS recipients to seek alternate avenues of relief, if possible, or to prepare for and arrange their departure from the United States—including proactively seeking travel documentation.

If you are currently hold TPS for Haiti and need further guidance, please contact our office right away to schedule a consultation.

USCIS Recommends Termination of Haiti’s TPS Designation

Acting Director, James W. McCament, recently issued a memo to the U.S. Department of Homeland Security (DHS) recommending that the designation for Temporary Protected Status (TPS) for Haiti be terminated. The U.S. Citizenship and Immigration Services (USCIS) has determined that the conditions in Haiti no longer support the TPS designation. Currently TPS for Haitians is extended through July 22, 2017. USCIS has recommended that the effective date of termination be delayed until January 22, 2018. This would provide all Haitians holding TPS an additional six (6) months to plan accordingly either through a visa or return to Haiti. There has not been any comment by the U.S. Department of State (USDOS) as of today.

To end Haiti’s TPS designation, DHS must make public notice in the Federal Register at least sixty (60) days in advance of the expiration date of the current designation. If a decision is not made by May 23, 2017, Haiti’s designation will be extended for a minimum of six (6) months.

Our office will continue to monitor this situation and provide any updates as soon as they become available. If you are on TPS status for Haiti, you should contact our office immediately to determine if you have any avenues of relief.

 

 

 

USCIS Issuing Redesigned Green Cards And Employment Authorization Cards as of May 1, 2017

 

On May 1, 2017, USCIS began issuing redesigned Green Cards and employment authorization cards (EADs). The purpose of the redesigned cards is to enhance the fraud-resistant security measures and deter counterfeiting and fraud.

The new Green Cards and EADs will:

  • Display the individual’s photos on both sides;
  • Show a unique graphic image and color palette:
  • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
  • EAD cards will have an image of a bald eagle and a predominately red palette;
  • Have embedded holographic images; and
  • No longer display the individual’s signature.

Green Cards will no longer have an optical stripe on the back.

If you have received a card after May 1st, and it does not have any of the above-mentioned features, you should contact our office right away in order to obtain a Green Card or EAD that is compliant with the USCIS re-design. All other cards issued prior to May 1st, 2017 are still valid until its expiration date.

Speak up, be heard, and demand change with Congress!

Attorney Foley with Congressman Stephen Lynch at a New England Council meeting.

I was able to catch up with Congressman Stephen Lynch of South Boston at a recent New England Council meeting in Boston.  Always quick with a joke, Congressman Lynch said “the presidency is supposed to age the occupant of the office, not us!”  He talked about the “frustration of Washington” where everything ended in a battle based on political party lines and “nothing gets done.”

I updated the Congressman on a couple of immigration matters in his district and invited him to an upcoming immigration forum at the Irish Cultural Centre in Canton which is part of his district.  I asked about the possibility of immigration reform under the Trump administration and Congressman Lynch said “I don’t see it but it’s early (in the administration) yet.”  He talked about areas, like infrastructure improvement where there could be agreement with the Trump administration “to get something done.”

I told the Congressman that the phones in our law office were ringing off the hook and that people with immigration issues were scared.  I also told the Congressman that in many cases there was little that I or any immigration lawyer could do to help.  Congressman Lynch said it was the same in his office and that “these are indeed scary times.” 

U.S. immigration law is federal law, as opposed to state or local law, so making changes to it must be done on the federal level by the U.S. Congress.  For that reason, I believe it is important to continue to meet with and encourage our Congressional delegation to advocate for comprehensive immigration reform.  The only way forward is to speak up, to be heard, to demand change.

If you or a family member has immigration issues, let me know if I can help.  Email me at John@FoleyLawOffices.com or call me at (617) 973-6448 for a quick chat.

I look forward to speaking with you.

John Foley

Foley Law Offices, P.C.     

BOSTON BIOMETRICS OFFICE TO MOVE TO REVERE, MA

Beginning May 1, 2017, all biometrics appointments for USCIS will no longer be held at 170 Portland Street, Boston, MA. Moving forward, all biometric appointments will be at 7F Everett St, Revere, MA 02151.

This location is easily accessible by the Blue Line on the MBTA. Additionally, there is ample parking, unlike the previous Boston location.  Please review your biometric appointment notices carefully. The address where you should attend to your appointment will be listed

 

 

USCIS to Increase Site Visits for H-1B Beneficiaries

 

On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced new measures to deter and detect H-1B visa fraud and abuse by increasing the amount of unannounced worksite visits across the country.

USCIS will be conducting site visits, especially for companies:

  • Who cannot be validated by their basic public business information;
  • Who have a high amount of H-1B workers compared to U.S. workers; and
  • Whose H-1B employees are working off-site at another company or organization’s location.

Site visits will be focused to detect fraud and abuse of employers who are failing to make a good faith effort to hire U.S. workers. To further these efforts to detect fraud and abuse, USCIS created an email (REPORTH1BABUSE@USCIS.DHS.GOV) where anyone can report suspected abuse.

 

These new measures are heightened efforts from the 2009 measures implemented by USCIS and the U.S. Department of Labor (DOL). In the past, suspected fraud or abuse cases were referred to U.S. Immigration and Customs Enforcement (ICE) for further investigation. Other past measures taken were through the DOL’s Wage and Hour Division’s Form WH-4 for reporting employer fraud and abuse.

If you have any questions about these new fraud and abuse measures for H-1B workers, or should your office receive a site visit and you need further assistance; please contact Attorney Nicole Fink via e-mail at Nicole@foleylawoffices.com or by phone (617) 973-6448.

 

 

 

Boston USCIS, Asylum and Immigration Court Closed 3/14/2017

Due to inclement weather, the Boston District Office of the U.S. Citizenship and Immigration Services (USCIS), Asylum Office,and Executive Office of Immigration Review will be closed tomorrow, Tuesday, March 14, 2017.  The Boston USCIS district office is trying to reach all persons scheduled to appear tomorrow by phone today. All interviews scheduled at the USCIS Boston District office on Tuesday, March 14, 2017 will be rescheduled.

 

PREMIUM PROCESSING TEMPORARILY SUSPENDED FOR ALL H-1B VISAS

On Friday, March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced the temporary suspension of premium processing (Form I-907) for all H-1B visas, beginning April 3, 2017 due to the back log in currently filed H-1B petitions. Premium processing is an expedited service which guarantees fifteen (15) calendar day processing for certain employment-based petitions and applications. This temporary suspension affects all H-1B cap cases for the Fiscal Year 2018 that are subject to the annual quota and all H-1B cap-exempt cases such as extensions of stay, amendment, and change of employers.

All Form I-907s received on or after April 3rd will be rejected. If a Form I-129 is submitted with a Form I-907 with a combined check, USCIS will have to reject both forms. USCIS has indicated that the temporary suspension may last up to six (6) months.

In lieu of the premium processing service, petitioners may request expedited processing. Requests will be granted on a case-by-case basis. It is the burden of the petitioner to prove that they meet one of the expedited request criteria. Petitioners are encouraged to submit as much documentary evidence as support.

If you have any questions about premium processing or you have an H-1B petition that has been pending close to two hundred and forty (240) days, please contact Attorney Nicole Fink via e-mail at Nicole@foleylawoffices or by phone (617-973-6448).