Bad advice in Ciudad Juarez

Roxana finally made it through the long three-step consular processing and got an immigrant visa interview at the U.S. Consulate in Ciudad Juarez (CDJ). She went to that interview last week, and her husband Jose has been giving me a play-by-play of the process there in CDJ. Jose felt they needed some local assistance, so they consulted with a company called Servicios Internacionales MTZ. This company’s representative — we’ll call him “agent” — incorrectly told them their already-completed I-601 was insufficient and must be redone. Agent incorrectly told them a form I-212 was required. Agent told Jose to send a filing fee of $587, but the correct fee amount is $585. That mistake means Roxana will spent at least a couple weeks longer in Mexico waiting for her immigrant visa and being reunited with her family. Beware non-attorney “experts.”

New immigrant visa procedures at Ciudad Juarez, Mexico

This is an update applicable to immigrant visa applicants who have a USC spouse and have been in the USA illegally and are going to Ciudad Juarez (CDJ) for an immigrant visa (IV) interview. The paper form DS-230 must now be completed online, and the online version is DS-260. That must be done before the National Visa Center (NVC) will make the IV appointment. Once the NVC sends the applicant the IV appointment letter, the applicant should work with an attorney to complete a hardship waiver package to avoid application of a 10yr bar for being in the USA illegally. The applicant takes the hardship waiver package to CDJ. The applicant should arrive in CDJ at least three business days prior to the IV appointment, because the applicant will need to complete a medical exam and a fingerprint appointment. To get the fingerprint appointment, call the Consulate and give them applicant’s passport information and the confirmation number for the completed DS-260. For phone numbers, see: http://usvisa-info.com/en-MX/selfservice/us_service_options. The addresses of the two approved medical clinics for exams are at the CDJ web site. Once purpose of the IV appointment is to determine whether the applicant is even eligible to file a hardship waiver application, so after the IV appointment the applicant must mail the hardship waiver application package, with filing fee, to the lockbox address in Phoenix. Once that application is approved, the applicant can return to the Consulate for issuance of the IV.

What to look for in an immigration lawyer

When looking for an immigration lawyer, the first thing to look for is whether s/he is a member of American Immigration Lawyers Association (AILA). While a lawyer does not have to be a member of AILA to practice immigration law, AILA is the best resource for immigration lawyers to keep up on the constant changes to laws, regulations, procedures, and case law regarding immigration. There is a mentor network that new AILA members can use to get quick guidance from experienced immigration attorneys who volunteer their time as mentors. The second thing to look for is an attorney who has experience in Immigration Court. More experience is better, of course. Even if the matter seems to be routine, the attorney experienced in Immigration Court will be able to strategize effectively in case the client ends up in removal proceedings. The third thing to look for is the lawyer’s experience with appeals. People rarely seek help from a lawyer in routine cases. The tough borderline cases the lawyer is most likely to see could be denied, and if your case is like that, then you want a lawyer who can competently assess the chances of particular arguments and prepare for an appeal. However, no lawyer can promise a particular petition or application will be approved, so beware of lawyers making grand claims and promises about what they can do.

When to use Form I-824

If the I-130 was completed properly, you will not have to use the I-824 because CIS will automatically transfer the file to the NVC. However, if the I-130 preparer indicated on page 2 of the I-130 that the beneficiary will apply for an immigrant visa at a CIS office within the USA, then CIS will not forward the I-130 file to the NVC after approving the I-130. In that case, in order to get CIS to forward the file, you must submit form I-824. There are a few other uses for I-824, but I rarely use it for anything besides what I describe above. sam@asburylaw.net

DACA: GED resources in the Portland OR area

Clackamas Community College

503-594-3395

Offering GED (English and Spanish)

GED online

Cornelius-Centro Cultural

503-359-0446

GED

PCC- Rock Creek Campus

971-722-2578

GED

Possible Citizenship Classes

PCC MAP

971-722-2915

971-722-6231

971-722-6110

971-722-6109

AGES 16-20

GED

High School Completion

PCC-Sylvania

971-722-490

GED

Possible Citizenship classes

PCC-SE Center

971-722-6280

GED

Possible Citizenship Classes

PCC-Cascade

971-722-5373

GED

PCC Willow Creek Center

971-722-2516

Possible Citizenship classes

Beaverton Literacy Council

[Aloha/Beaverton/ Cedar Mill]

http://www.beavertonliteracy.org

503-520-8764

Citizenship Classes

Ingles Para Trabajadores Agricolas

503-640-5496

Job-Training

Tigard Senior Center

503-620-4613

Citizenship Tutoring

All Saints Church

503-777-3437

Citizenship Classes

I-213 Record of Deportable Alien

The I-213 is filled out when an alien is detained by ICE. The officer completing the form normally records on the I-213: criminal history, other information about the alien obtained from the alien or any other source, conclusions about the alien’s removability (deportability). It is not uncommon to see errors on forms I-213. However, don’t think that pointing out the error(s) to the Immigration Judge (IJ) will get you a ruling that the I-213 will not be admitted as evidence. You will need to submit proof that the information in the I-213 is incorrect, and then the IJ will admit both the I-213 and your proof.

Can I get my green card without leaving the USA?

Clients have been asking me lately if it’s true that EWIs — aliens who entered the USA “without inspection” (illegally) — no longer have to leave the USA to get their green cards when they are married to a USC. The answer is NO, that’s not true. EWIs still must leave the USA. There’s a new process for filing the I-601 for a harship waiver of the 10yr bar, but that’s all.

Support letters for I-601 “extreme hardship” waivers

Aliens who have entered the USA without inspection (“illegally”) and who marry a U.S. citizen (USC) can obtain lawful permanent resident (LPR) status, but they still must leave the USA at the end of the process to attend a visa interview at the U.S. Consulate in their home country. Most aliens in this situation are subject to a 10yr bar when they leave, but being married to a USC makes most of them eligible to apply for a waiver of that bar. To get the waiver approved, the alien must prove it would be an “extreme hardship” if s/he were forced to remain in their home country for the whole 10yrs. When friends and family members write letters to support the alien in pursuit of a harship waiver, I usually see people write that the alien is such a good person — hard worker, etc. However, what is really needed is a description of why the person believes it would be an extreme hardship on the USC spouse if the 10yr bar were applied to the alien. These letters should: start with a description of the writer’s relationship to the alien and USC spouse; describe what the writer has observed of the couple together; and state the writer’s belief about how the USC spouse would suffer without the alien.

A conversation with ICE

An Immigration and Customs Enforcement (ICE) Officer called me the other day and wanted me to bring my client to his office so he can serve my client with a Notice to Appear (NTA; contains deportation charges). When I pointed out that for years my clients have been receiving NTAs by mail, he said that’s the practice of Citizenship and Immigration Services (CIS) but not ICE. He said he does not intend to detain my client — just do fingerprints and other routine procedures. I asked that he just mail the NTA and get permission from his supervisor if necessary. He agreed.

How to see if an I-130 petition is current (if the visa is available)

If you’ve filed an immediate relative petition (I-130), you can check the satus youirself at:

http://travel.state.gov/visa/bulletin/bulletin_1360.html

When the date published in the Visa Belletin is on or after your priority date (date you filed the petition), then the beneficiary’s visa is current and available. For questions related to I-130s or any other immigration issues, contact me at sam@asburylaw.net. See my web site at www.asburylaw.net.