<![CDATA[New Orleans Louisiana Immigration Law Blog]]> tag:www.inlg-usa.com,2013-03-21:/blog/77915 2019-09-13T17:02:05Z Movable Type Enterprise <![CDATA[Administration wins Supreme Court immigration victory]]> tag:www.inlg-usa.com,2019:/blog//77915.3831216 2019-09-13T17:03:05Z 2019-09-13T17:02:05Z This week, the highest court in the land sided with the Trump administration on an immigration issue that can potentially affect even legal United States immigrants.

The Supreme Court sided with the government, which effectively granted them the authority to indefinitely detain those legal immigrants who await deportation following the completion of prison terms.

]]> Immigration hardliner Trump's two appointed justices, Brent Kavanaugh and Neil Gorsuch, aligned with their conservative comrades in a 5-4 victory.

The court ruled that the authorities now have much greater leeway to detain immigrants without bail and are not limited to detaining them right after completion of their time served.

The ruling was authored by Justice Samuel Alito. Yet the decision left possibility that it might still be possible for these detained immigrants to challenge their detention. They could argue that using a 1996 federal law cited in the case against them, the Illegal Immigration Reform and Immigrant Responsibility Act, long after they served their time is a violation of their constitutionally-protected due process rights.

This is the latest salvo in the administration's open war against both legal and undocumented immigrants. It has the potential to create detrimental conditions for many in the immigrant community here in New Orleans and elsewhere.

Immigration laws are in a state of near-constant flux and are a primary focus of this administration as the government seeks to reduce the number of both legal and illegal immigrants who are coming to America.

Despite this setback, it may still be possible to successfully challenge an immigration detention under the law. To learn more, contact an immigration law attorney.

<![CDATA[How long do immigrants typically remain in detention facilities?]]> tag:www.inlg-usa.com,2019:/blog//77915.3825106 2019-09-06T18:05:30Z 2019-09-06T18:04:30Z President Trump has taken a hard-line approach to deal with illegal immigration since he first came into office a few years ago. This has resulted in an uptick in detentions of would-be residents and citizens. While many news outlets and lawmakers alike have called attention to the plight of these immigrants, very little has been said about how long that they generally remain locked up.

According to Syracuse University's Transactional Records Access Clearinghouse (TRAC), all but 30% of the immigrants who are detained remain in detention more than a month. The other 70% are generally released from U.S. Immigration and Customs Enforcement (ICE) custody the same day that they're detained.

]]> Data compiled by the Immigrant Legal Resource Center (ILRC) shows that the length of time that detainees have been forced to remain locked up has been progressively increasing under the Trump administration. In 2015, the average stay lasted 21 days. In 2016, that number increased to 22. In 2017, the average immigrant that was detained in one of these facilities ended up spending 34 days in ICE custody.

Freedom for Immigrants, a non-profit organization, often works with detainees that have spent a year or more in detention. Among those immigrants, 28% of them have been detained for over one, but less than two years. Another 48% of them have been locked up for over two, but less than four years. Only five percent of them have been detained more than four years.

Many of the individuals that are detained complain of not receiving adequate medical care in these facilities. Others file grievances over nutritional problems, being held in solitary confinement and of not receiving reasonable access to legal counsel. Many of them are subjected to abuse or are denied religious protections.

You don't have to accept being held for an indeterminate amount of time in an ICE detention facility. It may be possible for you to secure your freedom from such a facility by posting a bond. An immigration detention attorney can advise you of what options that you may be eligible to pursue if your loved one appears to be locked up indefinitely in one of these facilities here in New Orleans or elsewhere.

<![CDATA[Does the United States have a lot of job opportunities?]]> tag:www.inlg-usa.com,2019:/blog//77915.3820437 2019-08-30T11:22:55Z 2019-08-30T11:21:55Z There are numerous reasons for employment-based immigration, but one of the biggest is simply that the United States is considered to be a country with a lot of opportunity. There are job openings and career opportunities here that people cannot find in their home countries. They immigrate to create a better life for themselves and their families, and they seek out new career paths that they have always wanted to follow.

But is this just a historical perspective, or is this really the way things are today? Does the United States have a lot of job opportunities?

]]> The statistics show that it's far more than a historical perspective. Just last year, in 2018, the United States hit 7.1 million job openings, which was a record.

This is a huge shift. After the recession that rocked the country back in 2008-2009 -- and onward -- unemployment rose dramatically. Qualified workers could not find jobs. It was harder than ever for anyone, immigrant or otherwise, to land a job.

Things definitely have turned around since then. That's important for immigrants to note, as record levels of job openings impact more than just domestic workers. Those coming to the United States from other countries also have more opportunities and more choices than they ever had before.

Of course, the process to get there is a bit different if you are an immigrant, and there are some crucial steps you will need to take if you want to take advantage of this job market. Make sure you know exactly what is expected of you and how to proceed.

<![CDATA[3 benefits of immigration]]> tag:www.inlg-usa.com,2019:/blog//77915.3816776 2019-08-26T21:31:35Z 2019-08-26T21:30:35Z Some Americans fear immigrants entering the country due to beliefs largely based on misinformation. This fear is nothing new. It was even present during colonial times, although the U.S. was a young nation born from immigrants. The natural human traits of misunderstanding and prejudice contribute to common myths about immigration being dangerous to the country.

The truth is that immigration brings positive changes to countries, including the U.S. These are just three of the many benefits immigration has had on America.

]]> 1. Economy boost

Contrary to popular misconceptions, immigrants do not take away jobs from Americans. Instead, they tend to fill empty positions, usually either high-paying ones in sectors such as health care and technology or lower-paying jobs in labor.

Neither do they overburden the government financially. In fact, immigrants will pay more in taxes than they receive in benefits, and they receive fewer benefits than natives do because immigrants tend not to qualify for as many. In the end, immigrants boost the economy through their contributions to the workforce and marketplace.

2. Spread of ideas

Immigration is not only about the people but also their cultures and beliefs. They help connect Americans to the rest of the world in today's global society. Immigrants expose this country to new foods, ideas and services. This is clear in the fact that a third of patent filers are immigrants, and more entrepreneurs are foreign born than native. 

3. Lower crime

Perhaps the greatest reason people are against immigration is that it supposedly leads to greater crime and violence. With the media focusing on devastating events, it is easy to see why people may have this concern.

However, crime rates are actually lower among immigrants than native-born citizens, and most terrorist attacks have been by foreigners who were visiting and not staying in the country long term. The risk of death in a terrorist attack by a permanent immigrant is very low.

<![CDATA[How can a U.S. citizen be detained by immigration officials?]]> tag:www.inlg-usa.com,2019:/blog//77915.3813671 2019-08-21T15:38:26Z 2019-08-21T15:37:26Z It might seem impossible that U.S. citizens, including people born in this country, could be detained by agents of Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). However, it's happened at airports and border crossings in the U.S. and even aboard a domestic flight.

One case that made headlines this summer involved an 18-year-old young man, born in the U.S., who was held for three weeks by ICE after he was stopped at a border checkpoint some 100 miles north of the U.S./Mexico border. ICE and CBP claimed that the teen gave "conflicting reports regarding status of citizenship." His attorney says he presented, among other documents, a copy of his birth certificate showing that he was born in this country.

]]> The problem of U.S. citizens being wrongly held in detention centers or local jails didn't begin with the present administration. According to an analysis by National Public Radio (NPR), from 2007 through 2015, over 1,500 U.S. citizens were detained by or at the direction of immigration agencies.

As one law professor explains, "If you're a citizen, ICE has no reason to detain you." She adds, however, "Most of us don't carry any proof of our citizenship. We don't walk around with our passport." Law enforcement and immigration officers can legally detain a person who's unable to prove their U.S. citizenship status.

The attorney notes that few immigration stops are random. Those stopped usually have some sort of criminal history (often something relatively minor like a DUI) or an outstanding warrant.

The American Civil Liberties Union (ACLU) recommends that anyone who's stopped by ICE, CBP or other authorities, whether they're a citizen or a legal resident, do the following:

  • Ask if you are free to go. If you aren't suspected of a crime and they have no arrest warrant, they can't hold you.
  • Don't lie about your immigration or citizenship status or present fraudulent documents.
  • Don't answer questions (other than to provide your citizenship or immigration status).
  • Don't sign any documents. You could be waiving your right to have a deportation hearing without realizing it.
  • Ask for an attorney. If you are a citizen, you have the right to be assigned a public defender. However, even if you aren't, you have the right to call an attorney.

If a loved one has been wrongfully detained for alleged immigration violations, get them an experienced immigration attorney as soon as possible.

<![CDATA[Can immigrants post bail when they're in a detention center?]]> tag:www.inlg-usa.com,2019:/blog//77915.3811846 2019-08-16T02:35:54Z 2019-08-16T02:34:54Z Citizens who get arrested in the United States can often post bail in order to get out of jail. They then have to return for a court date, but they can spend the time waiting at home, rather than behind bars. This is a very common practice for most non-violent crimes.

Is the same true for immigrants who get detained? Can they also post bail and get out of the detainment centers?

]]> Not always. In some cases, they can actually be held indefinitely. This can create some serious problems as those who have not actually been convicted of a crime find themselves with no idea what they should do next.

However, this practice has led to overcrowding. Some judges are allowing immigrants to post bail to clear out space and give them the opportunity to move forward with their own lives. One court ruling allowing bail applied to those who had come to America to seek asylum.

There is a catch here, though. The amount of bail varies widely from case to case. It can run from $1,500 to more than $80,000. Even if family members want to help get loved ones out of jail, they may simply not have the financial means to do it.

As you can see, this is a complex issue. Not everyone has the same options or faces the same issues when they are detained. That's why it's so important for those being held in detention centers to know what legal options and rights they have in their specific situations. An experienced immigration attorney can help.

<![CDATA[Does the U.S. still lead the world in refugee resettlement?]]> tag:www.inlg-usa.com,2019:/blog//77915.3808619 2019-08-09T13:26:09Z 2019-08-09T13:25:09Z For decades, the United States has led the world in refugee resettlement. In 2016, for instance, a total of 97,000 refugees arrived in America from numerous countries. These refugees were often escaping persecution, war, famine and other life-threatening issues in their countries of origin.

Things have changed drastically in the last few years, though, as the U.S. has slashed the number of refugees allowed in the country. In 2017, statistics show that the U.S. only allowed 33,000 refugees to arrive. Graphs show an unprecedented drop in such a short time -- though it is worth noting that other countries, like Australia and Canada, also saw significant drops around the same time.

]]> The U.S. total fell again in 2018, dropping to 23,000. Meanwhile, Canada stayed roughly even to what they did in 2017, allowing 28,000 refugees to resettle there. That means that Canada is now the world leader in refugee resettlement, passing the United States and staying firmly above both the U.K. and Australia.

While the declines in the United States do appear to have slowed down from the massive drop between 2016 and 2017, the numbers are still falling and it will be interesting to see how this trend continues in the coming years.

At the same time, it is important for those who want to move to the United States, either as refugees or as immigrants, to understand how things have shifted and what that might mean for their chances of entering the country. Now more than ever, it is crucial for them to know all of the legal steps they need to take.

<![CDATA[After toddler passes away, mother sues detention center]]> tag:www.inlg-usa.com,2019:/blog//77915.3803313 2019-08-02T15:15:55Z 2019-08-02T15:14:55Z In a heartbreaking testimony, a young mother explained why she is suing a detention facility after her toddler passed away.

The young girl was not even 2 years old when she died. She was in the care of a private prison company, which was tasked with running the detention center for immigrants. The company has multiple detainment centers and also runs prisons.

]]> According to her lawsuit, despite this experience, the company allowed overcrowding to happen at the facility for small children and families. This made it possible for sickness and disease to spread very quickly through the population. She said that the company was responsible for the children's well-being as it held them, it was negligent in that duty and it created the conditions leading to the child's death. The mother is suing for $40 million.

In a statement, her legal team said that the company "neglected to provide the most basic standard of care," even as it was clear that the girl's condition was deteriorating rapidly. They said that her mother pleaded with officials to get proper assistance for her daughter, but it was not granted. They claimed that part of the goal of the lawsuit, even beyond seeking compensation for the mother, is just to make sure that the same thing does not happen to another unfortunate family in the future.

Stories like this make it clear that immigrants face all manner of potential hardships when held in detainment centers across the United States. That is why it is so important for them to know all of the legal options they have.

<![CDATA[Applying for an H-1B visa isn't a slam dunk anymore]]> tag:www.inlg-usa.com,2019:/blog//77915.3797733 2019-07-26T14:07:46Z 2019-07-26T14:06:46Z U.S. employers have historically hired foreign workers to fill their specialty roles. They've applied for H-1B visas on their behalf to get them here. The U.S. Citizenship and Immigration Services (USCIS) is reportedly making it increasingly harder for them to do this though.

American companies seeking these visas for their workers are receiving increased pushback from USCIS when they apply for H-1B visas on behalf of their prospective employees. They're being asked to prove that their new workers will have enough to do while they're living here in the United States. If they can't do this, then their requests are being denied.

]]> The USCIS isn't simply taking employers' promises that there will be work at face value either. They're issuing requests for evidence (RFEs).

In these letters, they've begun requesting a listing of specific projects that these prospective employees are being brought here to work on. They've also asked to see actual customer contracts that are in place.

USCIS has started denying companies' requests for the standard 3-year H-1B work visa. They've begun shortening the term to two years instead.

Many legal analysts argue that this increased regulatory oversight has placed unnecessary stress on many employers.

They note that many companies struggle to produce evidence that would show that they have enough work for the H-1B recipient to do for three years. They note that what immigration officials don't seem to realize is how an increase in workflow could increase at any point during their employee's time working for them.

It appears that prospective H-1B visa holders are also increasingly being facing pushback from USCIS for another reason as well. Many applicants are being told that they didn't adequately demonstrate that they qualify to work in a "specialty occupation".

Applying for work visas has become increasingly difficult in the past few years as the current president tries to focus on growing American enterprise and reducing illegal immigration. Many individuals who once were qualified to come here and welcomed with open arms aren't finding it as easy to get their applications approved as it was in the past.

An employment-based immigration attorney here in New Orleans can help your Louisiana company if you're looking to hire foreign workers to fill specialty occupations. They'll navigate you through the employment visa process, which includes responding to RFEs should USCIS respond with them.

<![CDATA[New fast-track deportation rule goes into effect]]> tag:www.inlg-usa.com,2019:/blog//77915.3796506 2019-07-25T03:01:36Z 2019-07-25T03:00:36Z The Trump administration is broadly expanding its power to deport undocumented immigrants. This new strategy allows immigration officials to deport immigrants within two years of illegal entry without court hearings. Officials claim this is necessary due to the influx of immigrants at the U.S.-Mexico border. 

This fast-track deportation process takes the hardline immigration positions of the Trump administration to new levels. The expedited removal process is no longer only applicable to migrants who get caught within 100 miles of border within two weeks of entry. Now, immigrants who illegally enter the U.S. may face quick removal for up to two years, no matter their location within the country. The two-year time limit comes from a 1996 federal law authorizing the fast-track removal process. Approximately 300,000 of the 11 million unauthorized immigrants may be subject to this new removal method. 

]]> Administration officials claim this new policy will reduce the number of illegal immigrants, improve national security and ensure the swift removal of undocumented immigrants. But it is not coming without pushback. Many immigration lawyers claim this unprecedented expansion of power is unlawful. The claim is that everyone has the right to talk to a lawyer and go before a judge. But this new rule gives low-level immigration agents the authority to issue deportation orders without due process. Detractors warn that this policy may end up putting legal residents and U.S. citizens at risk.

The change in policy does not apply to immigrants with pending immigration court dates or asylum cases. Additionally, asylum officers will interview subjects of removal who fear going back to their home countries to figure out whether they qualify for asylum or other protections. Officials also claim they are ready to make exceptions for immigrants with significant connections to the U.S. and those with serious medical conditions. Unaccompanied minors from non-bordering nations are not subject to fast-track removal. 

<![CDATA[False alarm on ICE raids has benefited immigrants]]> tag:www.inlg-usa.com,2019:/blog//77915.3793229 2019-07-19T18:06:29Z 2019-07-19T18:05:29Z On July 12, 2019, the government did something unusual: It announced that mass raids conducted by Immigration and Customs Enforcement (ICE) officers were about to take place over the weekend.

Most of the time, the government doesn't publicize such raids in advance. Doing so could, after all, hinder the effectiveness of the raids by warning immigrants without documentation or with expired paperwork to stay in hiding.

]]> This time, however, the advance notice had a much bigger beneficial effect on the immigrant community. Prompted by activists of all kinds and people who disapprove of the current treatment of immigrants in this country, social media platforms got busy -- very busy -- and started sharing memes and posts that informed immigrants and their family members about their rights when ICE shows up to their door.

The net effect was startling. In many cases, the people reading those memes were the Americanized children, friends and relatives of the undocumented immigrants who were being targeted. They took the information they learned online to heart and responded with amazing displays of strength when ICE officers showed up.

The big raids that were promised never did happen. However, there were still numerous incidents over the last week where immigrants reported that they learned how to exercise their legal rights thanks to the social media campaigns that were prompted by the earlier threat of mass raids -- and the knowledge may have lasting repercussions (for the better) among the immigrant community.

For example, one 16-year-old held her ground even though ICE agents pounded on her family's door at one in the morning and then again just four hours later, demanding entrance. While she was born in the United States, her parents are both immigrants. She had learned from an Instagram post that the agents had no authority to enter the home without a warrant signed by a judge. When she demanded to see their warrant, the agents had nothing to show.

As one attorney advocate said, "The silver lining, if there is one, is to see how the terror under which people have lived for years has empowered them to formulate plans and organize."

If you or a loved one is facing deportation or possible immigration detention, find out more about your rights and the assistance that's available to you.

<![CDATA[Doctors could leave U.S. over lack of a green card]]> tag:www.inlg-usa.com,2019:/blog//77915.3789870 2019-07-12T16:46:17Z 2019-07-12T16:45:18Z Could Louisiana be at risk of losing hundreds, if not thousands, of doctors because the doctors don't have their green cards?

It appears that way.

]]> A fascinating report recently from Washington, D.C.-based television station WUSA said that tens of thousands of doctors in the United States, immigrants from India, are at risk of closing their practices because of the wait for a green card. Many of them are family doctors in remote or rural communities, areas where residents could lose their access to medical care

Doctors typically receive an EB-2 visa, given to immigrants with advanced degrees. That includes people who work in the tech industry, engineers and others all competing for a limited number of green cards. And the perceived backlog for people from India is huge.

As of April 2018, more than 600,000 Indian immigrants were seeking green cards. Of them, more than 216,000 fell under the EB-2 category, and only 2,879 of them were approved by the US Citizenship and Immigration Services

"It would predict they have to wait at least 150 years, for their green card, we know they will have died, or get out of line, or find some other way to get a green card, rather than go through this insane process, but this is what they are up against," said an immigration policy analyst at the CATO Institute in Washington, D.C.

The report said some doctors are moving to places such as Canada with friendlier immigration policies.

The lack of a green card could have devastating impact on families. For example, those waiting for a green card whose children weren't born in the United States could be told to leave the country at age 21 if their parents haven't gotten that green card.

A USCIS spokesman issued a statement to KUSA and said there is no backlog.

"The truth is that these arithmetic tricks and fabrications are grossly inaccurate, and in effect undermine this effort. Applicants may contact us if they believe there is undue delay to the processing of their petition or application," he said.

These are difficult times for immigrants in the United States, even for those who have lived here for years and established careers and families. An immigration attorney can help those immigrants who need assistance in a variety of circumstances.

<![CDATA[What qualifications must you have for an EB-1 employment visa?]]> tag:www.inlg-usa.com,2019:/blog//77915.3785258 2019-07-05T14:31:43Z 2019-07-05T14:30:43Z Under U.S. immigration law, about 140,000 employment-based immigrant visas become available to qualified applicants each fiscal year, which begins Oct. 1.

According to the U.S. State Department, employment-based visas are divided into five categories. One of those categories is Employment First Preference, which concerns applicants who are determined to have "extraordinary abilities" and can lead to the granting of an EB-1 visa.

]]> But just who qualifies for the Employment First category? This category has three groups.

  1. People with ability in the arts, athletics, business, education or sciences. Applicants must be able to show recognition in their field of expertise, which includes "sustained national or international acclaim," according to the State Department. Applicants don't need to have a job offer on the table as long as they are seeking to enter the U.S. and work in their field of "extraordinary ability."
  2. Managers or executives who have worked for the overseas affiliate, subsidiary or branch of an American firm. The conditions: the work must have been done in at least one of the three previous years, and the applicant must have worked in an executive or managerial position and will work in the same in the United States.
  3. Researchers and professors with at least three years of experience in research or teaching. They must be seeking to come to the country to pursue a research position at a university or other higher education institution or a tenure track teaching job.

Workers in the Employment First category clearly possess skills coveted in the American workforce, but in times such as these where immigration is in the spotlight and subject to change, it pays for prospective immigrants to seek the help and guidance of an attorney. Immigrants will want to make sure they have their paperwork properly filled out and present their best case for review.

<![CDATA[Immigrant children held in very poor conditions]]> tag:www.inlg-usa.com,2019:/blog//77915.3779633 2019-06-27T14:54:55Z 2019-06-27T14:53:55Z It's hard to be a child as your parents attempt to immigrate to the United States. Just how hard has recently been exposed, though, even for children who wind up in the custody of the U.S. government. Reports claim that they are being held in very poor conditions in many cases.

One professional has been working with these children and touring the facilities, and she painted a very clear picture of just how bad things had gotten. The Columbia Law School professor claimed that she was appalled by the conditions she saw. She said that she had spent about a dozen years working with children who were being held by the government, but she had never before seen this level of inhumanity and degradation.

]]> "Children were dirty, they were scared, and they were hungry," she said in an interview with The Atlantic.

Part of the issue here is that children often get separated from their parents when they attempt to immigrate. The children may have no say in the matter and may even be too young to really understand what is going on, but they still wind up in custody when the family gets stopped at the border. They then get held until the government sorts everything out, but that can take a long time, and the conditions, as this report shows, are not nearly what many Americans may assume they would be.

Have you been held by the government or do you have children who are being detained right now? If so, it is absolutely crucial that you know what legal options you have.

<![CDATA[3 issues that commonly lead to green card denials]]> tag:www.inlg-usa.com,2019:/blog//77915.3778132 2019-06-26T17:21:35Z 2019-06-26T17:20:35Z Many noncitizen New Orleans area residents face challenges while trying to gain the right to become a permanent resident of the country. Some of them are aware that they need to apply for a green card. In order for them to qualify for a green card or permanent residence, they must supply information and documentation to the United States Citizenship and Immigration Services Agency and wait for a decision. 

Approval for a green card is not automatic. There are many reasons that green card applicants receive denials. Here are a few common issues that can waylay green card applicants and cause delays or outright denials with petitions to become permanent residents of the United States. 

]]> 1. Unfavorable health 

Applicants must undergo a health examination from an approved physician. This medical professional must screen green card petitioners for certain communicable or contagious ailments, narcotic use, and mental or physical conditions that make them dangerous to others or themselves. A doctor will also document the medical and vaccination history of applicants. If there are missing vaccinations, nonimmigrants can receive them from the doctor. However, the refusal of certain vaccinations and medical care and adverse medical findings often lead to denials. 

2. History of violations 

Not all immigrants seek out the path to citizenship immediately or soon after their arrival in the country. Some individuals wait years before applying for citizenship. Green card approval is contingent on many things, including whether there is a history of immigration violations. Common unlawful citizen problems that cause green card denials include not showing up for prior legal immigration hearings, unlawfully avoiding deportation or removal dealings, misrepresentation upon initial or previous entry to the country and not complying with the all visa requirements. 

3. Not supplying proper documentation 

The green card application requires applicants to provide many different types of documentation. Missing or inaccurate paperwork can result in a denial. Not paying all application and filing fees in a timely manner can also cause denials. 

Not all applicants have the opportunity to appeal their denials. Green card appeal eligibility is dependent on the reason for denial.