There has been a lot of information in the news recently about “prosecutorial discretion.” What does this really mean?
Broadly, prosecutorial discretion is the broad discretion or leeway that any law enforcement agency (whether it’s a local criminal prosecutor’s office or the federal Department of Homeland Security which enforces our immigration laws) has to initiate a case against someone or to choose not to. (more…)
Immigration attorney Annick Koloko files motions for immigration bonds for detained clients across the United States and frequently appears in Immigration Court in Buffalo, Batavia, New York. Although no attorney can guarantee with certainty that a particular individual will be release on an immigration bond, Attorney Koloko is committed to filing the strongest immigration bond motion possible for his detained immigration clients. The key to success is the preparation of well-documented and compelling bond motions. (more…)
The US Department of State has posted detailed instructions for the 2012 Diversity Lottery. Registration will open on October 5, 2010, and will close on Nov. 3, 2010.
The Diversity Lottery allows citizens from underrepresented countries in the USA to apply for permanent residence through a lottery system. 50,000 diversity visas are available annually, with an estimated 6 million applicants every year. It is open to prospective immigrants from countries which did not have more than 50,000 people immigrating to the U.S. within the past five years. (more…)
Any person currently in ICE custody or who was released from ICE custody for any reason within the last 60 days can be located by using this link. This will provide great relief for families.
https://locator.ice.gov/odls/homePage.do
Please contact our office for further legal assistance.
WASHINGTON – Le Service de la Citoyenneté et de l’Immigration des Etats-Unis (USCIS) a annoncé aujourd’hui une extension de la période d’inscription pour le Statut de Protection Temporaire (TPS) pour les ressortissants Haïtiens qui sont éligibles. Initialement, la période d’inscription de 180 jours pour les ressortissants d’Haïti était du 21 janvier au 20 juillet 2010. Cette période d’inscription a été prolongée jusqu’au 18 janvier 2011. (more…)
1. For those in the U.S. under the VWP, contact the CBP airport office or the nearest U.S. Citizenship and Immigration Services(USCIS) office. There will be a few travelers with no I-94W under the pilot paperless I-94W project. There is a passenger service manager list for international airports. Note that 8 CFR § 217.3 provides as follows: Satisfactory departure: If an emergency prevents an alien admitted under this part from departing from the United States within his or her period of authorized stay, the district director having jurisdiction over the place of the alien’s temporary stay may, in his or her discretion, grant a period of satisfactory departure not to exceed 30 days. If departure is accomplished during that period, the alien is to be regarded as having satisfactorily accomplished the visit without overstaying the allotted time.
2. For those in the U.S. under a nonimmigrant visa, CBP directs them to apply for an extension of nonimmigrant status. Even though an I-539 extension is normally recommended to be filed 45 days before expiration, CBP notes that some arrangement regarding this point has been made. Of course, the I-539 extension filing fee is $300. At present, we are unable to confirm any willingness to extend a satisfactory departure option through USCIS for VWP or nonimmigrant visa holders unable to depart the U.S. due to the effects of the volcano.
3. The CBP committee is also waiting to find out if satisfactory departure may be effectuated by returning an I-94 or I-94W to the CBP London, Kentucky, office with certain evidence to document a departure within 30 days of the cancelled or delayed flight along with an appropriate annotation in the US VISIT system as to the departure to show compliance with admission terms. We have yet to receive any confirmation of this alternative as to departures delayed by the volcano, but since this is a typical avenue when one forgets to return the I-94 or I-94W, we are hoping to see if we can make progress with this option (See AILA InfoNet Do. No. 10042260).
From the LAX Airport Field Operations Office
(more…)
Hiring an immigration attorney is a very important decision. You should ask the following questions before moving forward.
1. Will I be charged by the hour on or a flat rate?
If charged by the hour, what is the lawyer’s estimate of his or her legal fees to complete my case? If the matter is by the flat rate, what exactly does that include or exclude? For example, if the original petition is denied and the lawyer needs to file an appeal, will that be included in the flat rate?
2. How much experience does the immigration attorney have with this particular kind of immigration case?
Like other attorneys, immigration attorneys specialize. Some specialize in asylum, removal cases, or business immigration matters. You do not want an immigration attorney who specializes in asylum cases to be handling his or her first business visa application on your behalf.
3. Ask the attorney for references from satisfied clients. (more…)
Imagine yourself in a foreign country, you are facing serious charges in Court but no one speaks your language. Sound familiar, Kafka described the metaphysical, absurd, bewildering German and Austrian criminal proceedings of the time in “The Trial”.
According the National Language Access Advocates, “The Immigration Courts run by the Executive Office of Immigration Review (“EOIR”) at the Department of Justice are bound by the language access requirements set out in DOJ’s 2002 Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient (“LEP”) Persons. At a minimum, they must provide competent interpretation for LEP individuals during all courtroom proceedings, and during all critical encounters outside the courtroom. Immigration Courts fall far short of this requirement by failing to provide interpretation for critical encounters, and by providing inaccurate interpretation.” National Language Access Advocates Network (N-LAAN) – 02/02/10.
Several foreign born citizen cannot afford the services of a private interpreter and this can affect communications between client and counsel.
[Federal Register: January 21, 2010 (Volume 75, Number 13)]
[Notices]
[Page 3476-3479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja10-70]
—————————————
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2491-10; DHS Docket No. USCIS]
RIN 1615-ZA96
Designation of Haiti for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: The Department of Homeland Security announces that the Secretary of Homeland Security (Secretary) has designated Haiti for temporary protected status (TPS) for a period of 18 months. Under section 244(b)(1) of the Immigration and Nationality Act, the Secretary is authorized to designate a foreign state for TPS or parts of such state upon finding that such state is experiencing ongoing armed conflict, an environmental disaster, or “extraordinary and temporary conditions.” The Secretary may grant TPS to individual nationals of the designated foreign state (or to eligible aliens having no nationality who last habitually resided in such state) who have been both continuously physically present in the United States since the effective date of the designation and continually residing in the United States since a date determined by the Secretary, and who meet other eligibility criteria. TPS is available only to persons who were continuously physically present in the United States as of the effective date of the designation. (more…)