Immigration — Page 4

posted on January 22, 2015 by Brownstein & Nguyen

What You Need to Know About Executive Action Changes to DACA and DAPA

President Obama announced executive actions implementing important changes to U.S. immigration laws on November 20, 2014. These changes include the expansion of DACA (Deferred Action for Childhood Arrivals) and the establishment of DAPA – Deferred Action for Parental Accountability. More announcements concerning these changes are expected in February 2015 for DACA and May 2015 for DAPA.

Deferred Action for Childhood Arrivals (DACA)

Image via Flickr

The executive actions include an expansion of the existing DACA program that was established in June 2012. Under the expanded program, the Department of Homeland Security will expand DACA eligibility for people who came into the U.S. as children, commonly referred to as DREAMers.

The expanded pool gives eligibility to those individuals who entered the United States on or before January 1, 2010, were under 16 years of age at the time of entry, and have remained continuously within the country since then. Initially, DACA required that applicants be under the age of thirty-one years at the application time, but under the revised program there is no age limit. Unlike the initial program which offered a two year deferred action, the expanded DACA program grants a three year deferred action to eligible persons. This means first-time DACA applicants, as well as those renewing their status, will be granted a three-year deferred action as well as a work authorization.

DACA targets approximately 300,000 individuals who are potentially eligible for the program. The U.S. Citizenship and Immigration Services (USCIS) will start receiving and acting on new DACA applications 90 days after the President’s announcement, or sometime in February 2015.

Deferred Action for Parental Accountability (DAPA)

The Department of Homeland Security (DHS) will establish a new program targeting the parents of U.S. citizens who do not have legal status (the parents). The DAPA, or Deferred Action for Parental Accountability, program will grant deferred action to eligible parents of United States citizens or parents of lawful permanent residents (LPRs). This will cover children born on or before November 20, 2014.

Individuals eligible for the DAPA program must demonstrate that they have been living within the U.S. since before 2010 and have remained continuously in the country since that date, including on November 20, 2014 and through the date of their application. The DAPA program will grant successful applicants deferred action for a period of three years, just like the expanded DACA program.

The Department of Homeland Security (DHS) believes there is an immigrant population of over four million people who are eligible for this program. The U.S. Citizenship and Immigration Services (USCIS) will start accepting DAPA applications about 180 days from the President’s November announcement, or sometime in May 2015.

Do you believe you are eligible for either the DACA or the DAPA program? If so, it is important to start gathering the necessary documents required for the respective program so that you will be ready when the time comes. You will need required documents to establish your:

Identity
Relationship to a lawful permanent resident (LPR) or a U.S. citizen
Continuous stay within the country for the last five or more years.

In addition to these documents, keep in mind that an experienced immigration lawyer on your side is extremely important. The requirements and procedures for DACA and DAPA are complicated, and having proper legal guidance could mean the difference between a successful application and rejection. Atlanta immigration attorneys Brownstein & Nguyen are experienced in immigration law, and have a proven track record of making a difference for those treading their way through the U.S. immigration system and paperwork. Contact them today for assistance with your immigration needs in the Atlanta area.

Filed Under: Featured, Immigration, Immigration Law, Immigration Reform

posted on December 5, 2014 by Brownstein & Nguyen

Immigration from Vietnam

Atlanta has the the 10th largest concentration of Vietnamese immigrants in the United States. The Vietnamese population is spread throughout Atlanta and Dekalb, Gwinnett, Cobb and Clayton counties, including communities like Chamblee, Doraville, Norcross, Lawrenceville, Smyrna, Marietta, Riverdale, Forest Park and Jonesboro.

According to the Migration Policy Institute in Washington, D.C., there have been three main waves of immigration from Vietnam since 1975. The first wave was mainly individuals and families targeted by communist forces, including military personnel and professionals associated with the United States or South Vietnamese government who evacuated Vietnam in 1975 with U.S. assistance. The second wave came in the late 1970s, as people fled continued persecution and poor conditions by boat in a search for freedom. The third wave took place in the 80s and 90s as political prisoners and children of U.S. servicemen and Vietnamese mothers made their way to the United States through special relief programs.

Currently, many of the families and individuals seeking legal immigration status from Vietnam within the United States do so by applying for a green card. In addition, many seeking to relocate permanently from Vietnam are able to obtain a family sponsored green card to reunite with family already in America.

The metropolitan Atlanta area has a lot to offer Vietnamese immigrants today, owing in part to the concentration of Vietnamese living here and social adjustment centers like the offices of Boat People SOS (BPSOS). With relatives nearby and support services such as English as Second Language (ESL) classes, the Health Awareness Prevention Program (HAPP), and women’s groups, the case for immigration from Vietnam to Georgia and Atlanta is even stronger.

At Brownstein & Nguyen, we have assisted thousands of families and individuals over the years to obtain lawful permanent residence (LPR) status. Experienced Atlanta immigration attorney Tien Nguyen is familiar and experienced with green card and visa applications and the processes involved in seeing them through the system successfully. If you are seeking to reunify your Vietnamese family in the Atlanta area, you can count on the premier immigration services of Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law

posted on November 28, 2014 by Brownstein & Nguyen

Immigration Reform Updates

On Thursday, Nov. 20, 2014, President Obama addressed the nation from the East Room of the White House. The subject – immigration reform. In a bold and controversial move, the President announced executive actions that represent an important policy change on deportation and provided temporary relief to undocumented, law-abiding immigrants who meet certain requirements.

“You can come out of the shadows,” President Obama said to millions of immigrants currently without papers but who are committed to ‘playing by the rules’ if given the chance. These immigrants include parents of U.S. Citizens, those who have been in the U.S. for five or more years, those willing to pay taxes and – should future measures permit – those willing to pursue a legitimate path to citizenship.

The immigration reforms will afford eligible immigrants a chance for deferred deportation, providing much needed relief for up to 5 million including for many the ability work legally. Under a ‘felons, not families’ policy, new measures will shift the emphasis of deportation efforts away from routine round-ups of undocumented immigrants and instead focus on identifying criminals and security threats. An additional 20,000 border patrol agents would be introduced, along with a crackdown on companies employing undocumented workers.

A summary by the U.S. Citizenship and Immigration Services details the initiatives enacted under the announced executive actions, which include:

Broadening the eligibility criteria for the Deferred Action for Childhood Arrivals (DACA) program to include those under 16 who have been in the U.S. since Jan. 1, 2010, as well as extending relief and employment authorization under the program to three years
The introduction of a Deferred Action for Parental Accountability program, which would allow parents of U.S. citizens and other lawful permanent residents present in the U.S. since Jan. 1, 2010 the same period of deferment and employment authorization
Making spouses and children of lawful permanent residents and children of U.S. citizens eligible for provisional waivers.
Simplifying the legal immigration process to continue to aid in job creation and economic recovery
Promoting and improving both citizen education and public awareness for lawful permanent residents

President Obama’s address began with a famous line of scripture: “We shall not oppress a stranger for we know the heart of a stranger – we were strangers once, too.” At its core, the executive actions aim to promote a process by which those already in this country who follow the law and contribute to society are legally recognized. The executive actions do not grant permanent legal status or citizenship to anyone.

Those who qualify for deferred deportation and are permitted to work will receive Social Security cards, provided they meet certain conditions: that they pay a fine for illegally entering the country, pay taxes, learn English and are willing to ‘go to the back of the line’. Underlying the reforms is a move to promote accountability on the part of immigrants, as well as providing the means by which this accountability may be honored and enforced.

For millions in limbo as Congress and the White House battled over immigration reform for the past 6 years, the new measures are nothing less than a “massive breakthrough for the immigration rights movement” according to Deepak Bhargava, director of the Center for Community, in an article in The New York Times. Aimed at directly supporting ‘hard working parents’ and those with families, the initiatives honor the American culture of inclusion and a society built on the energy, hard work and innovation of foreign entrepreneurs and immigrants.

For more information about immigration issues, please feel free to read through the information found in our Immigration Practice pages. If you, a loved one or someone you know might be eligible for deferred action or has a question regarding the latest executive actions on immigration, please contact the Atlanta immigration specialists at Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law, Immigration Reform

posted on November 18, 2014 by Brownstein & Nguyen

Hanging by a Moment

One freedom the Escalante children enjoy is the ability to play soccer in the park.

Yesser, Marialinda, and Yuri Escalante love life in the United States! From success in school, to playing a pick-up game of soccer at the local park, these three Guatemalan children want to live life to the fullest while they can. After all, they are hanging on by a moment, holding onto hope that they will be allowed to legally stay in the United States. They are currently awaiting a Feb. 17, 2015 hearing in the U.S. Immigration Court in Cleveland, Ohio.

While only time can tell what the outcome for the Escalante family will be, at least they know they have a fighting chance. According to the Transaction Records Clearinghouse at Syracuse University, 47% of unaccompanied minors represented by a lawyer during immigration proceedings have been allowed to stay in the United States. In contrast, only 10% of unaccompanied minors without a lawyer have been granted the right to stay. The Escalante family has hope thanks to the legal help they are getting through the Catholic Charities of Southwestern Ohio.

The legal process of gaining asylum, work permits, and other visas to legally stay in the United States can be overwhelming. While navigating the immigration system can sometimes seem like an impossible hurdle, freedom from extreme poverty, political oppression and physical peril like that faced by the Escalante family in Guatemala make the fight worthwhile. While the Escalante children have legal representation, not all unaccompanied minors are as fortunate.

In Atlanta, immigration lawyers Brownstein & Nguyen have helped countless individuals over the years with their immigration needs. If you or a family member are pursuing a green card, fiance or fiancee visa, or a visa for a spouse or minor child, contact our legal team for help. Our years of experience and knowledge have helped guide clients successfully through the immigration process.

Filed Under: All Postings, Featured, Immigration, Immigration Law

posted on October 31, 2014 by Brownstein & Nguyen

What is Lost in the Wait for Immigration Reform?

Opportunities, Time, Money and Lives Lost Waiting for Immigration Reforms

The answer seems obvious: for those caught up waiting for changes in U.S. immigration policies, there has been lost opportunity, lost financial gain, and lost lives. However, the matter of immigration reform is actually quite complex. On October 22, 2013, the Immigration Policy Center released a report titled The Cost of Doing Nothing. The policy group was clearly unhappy with Congress’ failure to act on immigration reform legislation. The report expresses resentment and disappointment with the “enforcement only” approach to immigration that has caused many human tragedies and wasted millions of taxpayers’ money. As the report indicates, the full economic potential of unrecognized immigrants as taxpayers, workers, entrepreneurs, and consumers continues to be squandered because there is no path for them to obtain legal status.

No one says the government shouldn’t enforce our immigration laws and properly screen people coming into the United States. But if proposed legislation offering hope and a solution for the millions of undocumented immigrants already here had been viewed with the urgency it deserves, it would have not only helped a large but silent population but also been a major step towards strengthening society while at the same time expanding the public coffers.

The Immigration Policy Center’s report is worth a read. Not only have taxpayers lost lost millions of dollars over the years, but families have been broken and lives lost in what has become a black eye to our country’s long history of inclusion and openness.

The U.S. immigration system was last overhauled in 1986. Much has changed in this nearly 30 year span, yet our immigration policies have not kept up as societies become globalized. How can millions in spending on immigration enforcement be accounted for when the number of unauthorized immigrants in the country has tripled to approximately 11 million and continues to rise?

And that’s just the tip of the iceberg. The following statistics are enlightening:

At least 240 immigrant deaths occur every year at U.S. borders. Every year from 2005 to 2012 has seen at least 350 deaths, with the highest number being 463 in 2012.
The US Border Patrol budget has multiplied tenfold from 1993 to 2012.

The Atlanta, Georgia law firm of Brownstein & Nguyen has helped thousands of foreign citizens over the last 20 years. Individuals have found support in obtaining visas to come and live in the United States. Tien G. Nguyen, a founding lawyer with the firm, has the necessary expertise to help individuals and families with their visa needs. She has assisted with cases involving visas and green cards, citizenship and naturalization, and removal/deportation. Contact our Atlanta, Georgia immigration law attorneys if you, a family member or someone you know needs expert advice or representation in immigration law, do not hesitate to call for a free consultation.

Filed Under: All Postings, Immigration, Immigration Reform

posted on October 17, 2014 by Brownstein & Nguyen

The Sound of Music and Real Life Immigration

The Sound of Music is not only considered one of the best musicals of all time – it is also one of the most famous stories of one family’s struggle to leave oppression behind for a chance at freedom and a new life in the United States. The movie hit the silver screen in 1965, and grossed over 280 million dollars. While this beloved family classic leaves many viewers singing and humming the catchy tunes, it may not be an entirely factual account of the Von Trapp family’s story (the move is loosely based on “The Story of the Trapp Family Singers” written by Maria von Trapp, the character played by Julie Andrews).

For a deeper look into the facts about the von Trapps, there is an excellent article in the National Archives publication, Prologue Magazine. The article, The Real Story of the von Trapp Family, identifies many of the truths that were not accurately captured for the Hollywood version of the story. Those differences aside, we do know that the von Trapp family left Austria to escape the Nazi regime and made the journey to the United States in search of a better life.

The National Archives holds U.S. court and Immigration and Naturalization Service documents relating to the von Trapp’s family pursuit of citizenship in this country. Those original documents might offer a glimpse into how complex and involved the process of becoming a United States citizen was in the past. But this also remains true today, as citizenship involves a complicated process fraught with the possibility of making costly mistakes. It can be so complicated that, in many cases, having qualified legal assistance at your side is essential to the success or failure of a citizenship application.

While the von Trapp family story is true, the reality of becoming a legal permanent resident or citizen of the United States is not as quaint or care-free as it might appear in the movies. Brownstein & Nguyen has represented thousands of individuals and their families seeking to make the United States their permanent home. Knowledge of complicated immigration laws and how to correctly navigate the maze of paperwork and procedures while avoiding pitfalls in the process of obtaining green cards, temporary visas, citizenship or permanent residence is something our Atlanta immigration attorneys have decades of experience in. Our Atlanta law firm is here to help make your dreams become a reality. Contact our offices at 770-458-9060 or fill out our Case Evaluation form today so that we can help you achieve the American dream.

Filed Under: All Postings, General News, Immigration

posted on October 6, 2014 by Jay Brownstein

Immigration Removal & Post-Conviction Relief

Criminal convictions, no matter how old, can be problematic for those seeking relief under U.S. immigration laws. Many criminal offenses charged as misdemeanors under state law are considered an “aggravated felony” for immigration purposes. Non-citizen immigrants, or “aliens,” charged by the government as having one or more aggravated felony convictions may be deemed “removable” and put into removal or deportation proceedings. Often, the way in which a sentence was written triggers removability under the Immigration & Naturalization Act (INA).

In 2010, the U.S. Supreme Court held that the Sixth Amendment requires that a defendant in a criminal proceeding be correctly advised of the immigration consequences of a guilty plea. Padilla v. Kentucky, 559 U.S. 346. The actual advice given varies with the particular circumstances of each case. However, following Padilla the Georgia Supreme Court ruled recently that where “the law is clear and deportation is mandatory…an attorney has a duty to accurately advise his client of that fact.” Encarnacion v. State (Sept. 22, 2014). The failure to do can present a claim of ineffective assistance of counsel – a potential ground for overturning a conviction based on a guilty plea.

For an immigrant facing removal based on a criminal conviction or guilty plea, there are several possible avenues of post-conviction relief. If the person pled guilty without adequate advice from counsel concerning immigration consequences (as in Mr. Encarnacion’s case), grounds may exist to seek to overturn the conviction through a habeas corpus petition filed with the state court. For the best chance of success, a habeas petition should be prepared and filed by an attorney experienced in post-conviction relief matters.

If a misdemeanor conviction is considered an aggravated felony under the INA due solely to the way the sentence was written, post-conviction relief in the form of sentence correction or clarification could be available. The attorney representing a person needing such relief would first obtain a complete copy of the court’s file in the criminal case, and then file a motion for clarification to ensure that the sentence intended by the court and actually completed by the defendant did not meet the criteria for an aggravated felony under immigration law. Often, relief from the sentencing court can be obtained by counsel first seeking the consent of the state’s prosecuting attorney’s office.

Finally, if neither of these avenues for relief is available one could petition for a pardon if the legal requirements for doing so are met. In Georgia, to apply for a pardon a defendant must have (1) completed all sentence(s) imposed at least five years prior to applying, including the payment of all fines, (2) lived a law-abiding life since the completion of the sentence(s), and (3) have no pending charges. Again, someone seeking relief in the form of a pardon is well-advised to seek the help of qualified and experienced legal counsel.

The Atlanta GA immigration attorneys at Brownstein & Nguyen have over 20 years of experience in immigration law, including representing clients in removal proceedings and seeking post-conviction relief for those who qualify. If you or a loved one is currently facing removal based on a prior criminal conviction, contact us today for help.

Filed Under: All Postings, General News, Immigration, Immigration Law

posted on September 12, 2014 by Brownstein & Nguyen

Hollywood Immigration

Open a newspaper, watch the news, browse a news site, or listen to the radio and you’ll hear about immigration in the United States. Its hard to miss given the constant debates and arguments that the current system is broken. Unfortunately, a growing number of individuals and families have been caught in the middle of this sensitive political football. Some are stuck in limbo, waiting for government action, while for others time has run out as their families are torn apart and they are sent back to their home countries.

Hollywood has long found inspiration in true stories. In many cases, narratives are turned into realistic fiction but still document and highlight important issues that are sometimes overlooked. There is a certain power and connectedness that people share with narratives. This is certainly true when it comes to the topic of immigration captured on the silver screen.

In 2006 Tom Hanks portrayed fictional character Viktor Navorski in The Terminal, a movie about an immigrant from the fictional country of Krakozhia who was caught in limbo due to political turmoil back home. Viktor was unable to enter the United States, but was not permitted to return to his home country. Basically, he was without country. The movie depicts the challenges faced while living in an airport terminal while trying to gain entry into the United States. While this account is fictional, it is loosely based on the true story of Iranian refugee Mehran Karimi Nasseri who lived in a Paris airport for over seventeen years.

While Hollywood’s version of The Terminal is fictional, Nasseri’s story is true. Similarly, there are countless true stories currently unfolding for those seeking to make the United States their home. Many of these would-be immigrants currently waiting in place are in need of support from a qualified, experienced, and trusted immigration lawyer. Brownstein & Nguyen has represented countless individuals and families seeking help to live permanently in the United States. Our Atlanta immigration attorneys are ready to help with your real life story – contact us today for a consultation.

Filed Under: All Postings, General News, Immigration

posted on September 4, 2014 by Brownstein & Nguyen

Do Immigrant Children Deserve Due Process?

Due process is the bedrock of our legal system in the United States. Based on the guiding principle that every free person is entitled to adequate notice of a charge or grievance and a fair opportunity to be heard, due process encompasses fairness in both legal proceedings (procedural due process) and the application of laws (substantive due process). So important is due process to our democratic system that it is embodied in the 5th and 14th amendments to the U.S. Constitution.

In the eyes of the law, children are persons entitled to due process. Thus, one would expect that children appearing in our courts would receive due process including proper advance notice of a hearing and the right to a lawyer or attorney if they are accused of a crime or unlawful behavior. But is this true when we are talking about unaccompanied immigrant children? Recent evidence from Atlanta immigration courtrooms suggests not, as case after case involving unrepresented minors is heard at a remarkably fast pace.

In the last eighteen months, there has been a surge of unaccompanied minors crossing the border into the United States from Honduras, Guatemala, and El Salvador. Many of these children work alongside their families to scrape together every last cent to pay their way across the border in search for freedom from oppression and the promise of a better life. With their home countries being torn apart by gang violence and poverty, the hope of reuniting with family members is what keeps many of them going.

Where do unaccompanied minor immigrants go?

Upon crossing the border, the Department of Homeland Security (DHS) turns unaccompanied minors over to the Office of Refugee Resettlement. It is up to the Office of Refugee Resettlement to locate a parent, relative, friend of the family, or sponsor to help care for the minor until the time of their deportation proceedings.

What’s the connection with Atlanta?

While the surge of unaccompanied minors has made national headlines, it is very present here in Georgia and Atlanta. Over 1,400 unaccompanied minors have landed in the metro Atlanta area while awaiting their fate. The immigration courts seem to be pushing these cases through the courts at an alarming rate. In many cases, unaccompanied immigrant children are not represented and complex cases can get dismissed in the midst. Non-profit immigration lawyers who are willing to donate their time try and help unaccompanied children with valid legal grounds to stay. However, if cases are pushed through the courts at break-neck speed and legal counsel is not available or cannot devote the necessary time to dig deeper into individual cases, many children will fall through the cracks and be returned to the same terrible conditions they fled from.

At Brownstein & Nguyen we do not claim to have all of the answers regarding the current immigration situations. We do however, have years of experience as Atlanta immigration lawyers to offer unaccompanied children and their families seeking answers and representation. The immigration attorneys at Brownstein & Nguyen have successfully made a difference in the lives of countless individuals needing help with immigration law cases over the years. Contact our Atlanta immigration law offices today.

Filed Under: All Postings, Featured, Immigration, Immigration Law

posted on August 30, 2014 by Brownstein & Nguyen

Bicontinental Love

It has been said that love knows no bounds. In this day and age of modern technology, it has become increasingly clear that love does not recognize geographical boundaries either. With more couples meeting online through dating websites, Facebook, Skype, and numerous other social sites, the number of people falling in love and maintaining international long-distance relationships is growing. Though miles and even oceans may physically separate you, do not let the mountain of paperwork required for a Petition for Alien Fiance(e), or Form-I129F, keep you apart.

Brownstein and Nguyen are experienced immigration lawyers in Atlanta. With over twenty years practicing immigration law, we have helped bring countless families and loved ones together. We have assisted with family immigration (green cards), visas for spouses and minor children, removal hearings, and citizenship and naturalization processes. We realize how crucial following all the necessary procedures and legal guidelines is, and we give each client the utmost attention as we know that family immigration is deeply personal.

While it is possible to complete the required paperwork to guide a Form-I129F through U.S. Citizenship and Immigration Services without the help of a lawyer, having legal expertise and experience on your side can be important. Often, mistakes made on the initial application or later in the process can be very difficult to overcome. We advise clients of the best legal avenue for their particular circumstances and assist in properly completing the correct application and submitting subsequent evidence, if necessary, so a petition has the best possible chance of being approved without additional delay or problems. With the specific requirements and potentially tricky legal issues that can be involved in a fiancee visa, it is important to consult with an experienced immigration attorney familiar with the procedures, timelines and legal requirements associated with this type of visa.

Contact Brownstein and Nguyen for a consultation today. We will gladly assist you in your pursuit of bringing your fiance(e) to the United States so that you can begin your life of happily ever after – sooner rather than later.

Filed Under: All Postings, Immigration