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News and articles - ACS Law Offices, Inc.
Wednesday, 20 June 2018 14:42

The Dilemma of Detaining Alien Children

There is an uproar across the United States over the fallout from the government’s Zero Tolerance policy on illegal immigration. The particular concern currently is the separation of children from accompanying adults who have been caught crossing the border illegally.

We are witnessing a classic example of the dilemma of any human government attempting to a) protect the welfare and security of its own citizens, while b) appearing to lack compassion on innocent victims of the rules and regulations enacted to protect the citizens. This dilemma always exists relative to any nations’ immigration policies. Since September 11, 2001, and the so-called ‘War on Terror,” the problem has been exacerbated as the State Department, the Justice Department, and the Department of Homeland Security have attempted to enforced existing legislation.

The conflict between compassion and protection is like an army fighting against itself in the fog. Everyone’s intentions are good but otherwise innocent people can become victims of the inability to keep legislation fair and compassionate or to keep compassion controlled.

Laws are made to protect the innocent from the guilty. While the system may work well most of the time, it is unreasonable to expect it to work the way it was intended to work all of the time. Some person or some small group of people may suffer unintended consequences of the system working on a broad scale.

Currently, compassion hearts ache for children of accompanying adults who attempt to enter the United States illegally. The U.S. is not opposed to immigrants or immigration. However, there is a process that must be followed to immigrate legally. Crossing a border other than at an official U.S. Border Station is illegal. Persons attempting to cross the border illegally are subject to potential prosecution. When they are arrested, they are separated from their children – which would happen if they were arrested for robbing a bank. The children are relocated to special facilities operated by the

Department of Health and Human Services while efforts are made to place the children in the home of a relative, foster care, or another suitable place.

Is this hard on the children? Of course, it is. Again, it is no different than what the government would do for the children of otherwise criminal parents. The alleged parents are breaking the law. The overarching factor in the case of the criminal act or illegal border entry is that it is not one or two children, it is hundreds, and even thousands of them.

On the other hand, there are innocents like Kate Steinle, who have become victims of those whom the government failed to detain and to ensure they did not return illegally again.

We agree that the matter is one that can cause a great deal of angst, even for those not directly involved who are simply trying to deal with it on the basis of principle, whether that principle is protection or compassion.

If you or anyone you know is planning to come to the United States, please contact an Immigration Attorney to understand the legal process and receive guidance on how to enter legally. We encourage our readers to avoid the dangers on both sides of the border by seeking legal counsel before coming to the border. Doing so will also ensure that your family stays together.

Our Immigration Attorneys have over 100 years of combined experience and expertise. We are available to review your situation and advise you on the best and right way to handle your specific situation and secure the best outcome for you and your family.

Published in Immigration
Thursday, 14 June 2018 09:35

Immigrating? Tell the Truth

The U.S. Citizen and Immigration Services (USCIS) announced on June 8, 2018, that it is expanding its efforts to find, denaturalize, and deport “a few thousand cases” of immigrants who fraudulently obtained their Green Cards and, in some cases, applied for and became naturalized.

Immigrating? Tell the Truth

As the federal government continues its crackdown on illegal immigration, L. Francis Cissna, the Director of the USCIS, explained that the department would be adding several dozen attorneys and officers who will be focused on one particular group of illegal immigrants of which the general public is largely unaware.

Those people are a select group Green Card holders and naturalized citizens who used a specific, fraudulent act to outwit the government. It is the same technique that some continue to use to gain employment fraudulently.

This group is comprised of people who, having been ordered for deportation, reapplied successfully by using fake identities. Poultry processors in the Midwest have experienced this same tactic for job applicants who have been turned away. They return days or weeks later with a new identity. If they are discovered, they are not hired. Or, if hired then discovered, they are terminated. When it comes to those who have used this practice to immigrate, they can expect to be charged with felony fraud and imprisoned prior to deportation.

The USCIS has been aware of this activity for years, but this will be the first time they will have an entire department focused on finding the miscreants. It will take about six months to get the Los Angeles office up and running. Nonetheless, the agency already has a process in place “to get to the bottom of all these bad cases and start denaturalizing people who should not have been naturalized in the first place.”

Why are we sharing this information?

  1. Immigrants who have legally obtained their Green Cards or have become naturalized should not be concerned. The government has a relatively good idea who the perpetrators are. Director Cissna said, “The people who are going to be targeted by this - they know full well who they are because they were ordered removal under a different identity and they intentionally lied about it when they applied for citizenship later on.”
  2. Some undocumented immigrants in the U.S. may be tempted to secure legal immigration using fraudulent activities. We urge these people to contact us to help gain immigrant status legally. We may be able to assist you with gaining asylum so that you can obtain legal status and peace of mind.

Our Immigration Attorneys have over 100 years of combined experience and expertise. We are available to review your situation and advise you on the best and right way to resolve your tenuous status.

Published in Immigration

We explained in an earlier article that refugees from the Asian continent mistakenly think that Guam might be a somewhat convenient backdoor into the United States. For many, it is a dead end.

The U.S. and Guam are in the midst of an immigration policy transition under the authority of the Department of Homeland Security. The transition period began in 2009 and will not be completed until the USCIS gains complete control after December 31, 2019.

So Near, Yet So Far

From the coast of Asia or its outlying islands, Guam looks like one small step for man that leads to one giant step to the U.S. mainland. Entering Guam illegally or with the overt reason of seeking asylum is likely to end up as a nightmare not at all like the dream of being greeted by open arms in the United States.

According to the USCIS, “People physically present or arriving to the CNMI are not eligible to apply for asylum. This includes people brought to the CNMI after being intercepted in international or U.S. waters . . . In most cases, individuals in the United States without a nonimmigrant status need to leave the country in order to obtain nonimmigrant classification.”

So Few Are Too Many

While it is not known for certain how many illegal immigrants are actually on the tiny 36-mile-long island, it has been estimated that some 2,000 were at one time at large, while another 500-plus were interred in a detention center. Many, if not all of those were housed in tents inside the gates of a local prison. There island simply does not have enough room or adequate resources to handle the influx of illegals along with its 140,000-plus legal residents.

Some Asians arrive under a legal visa, but overstay the visa period. At that point, they become illegal and are liable to end up detained or deported.

It’s Not an Easy Road

As long as there are no standard processing facilities on the island, applications for asylum are adjudicated by a judge in Hawaii, usually by video conference. It can take several years for applications to be approved, if they are approved at all. At any rate, no refugee asylum-seeker will be allowed to proceed to the U.S. mainland until their asylum status has been granted.

It turns out that Guam is neither a backdoor nor a shortcut.

What Should Asylum Seekers Do?

Immigration laws are complicated, the system is overtaxed, and the process is lengthy. For these reasons, we advise any person seeking asylum to speak with an experienced immigration attorney before attempting to apply to enter the process.

Our staff of multilingual immigration law Attorneys is available to help you navigate the asylum process. Contact us at www.Business-Visa-USA.com, www.Business-Visa-USA.cn, www.Business-Visa-USA.hk and www.Business-Visa-USA.ru.

As always, we welcome your input and discussions about immigration on our LinkedIn group: Business and Immigration News & Views https://www.linkedin.com/groups/8140530.

Note: Offer of services is not a guarantee of results. Every case is adjudicated on its own merits. We can help to determine your eligibility and direct you through the process.

Published in Asylum

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