Marley, Magee & Associates, LLC

Heart Surgeons Don’t Practice Immigration Law So Neither Should You

You’ll be hard pressed to find a heart surgeon willing to file immigration documents on your behalf. In fact, many doctors dare not venture into the immigration world at all, even when it involves their own case. There are many good reasons for this but perhaps the best of all is that immigration law is just plain difficult. Even attorneys who do not practice immigration law on a regular basis refer their well paying clients to lawyers who specialize in this area. Attorneys know when they are getting in over their head and in matters of immigration, getting in over your head happens very quickly.  

That’s why I’m always surprised when a potential client who happens to stroll into our office for some free “advice” decides to go it alone. And it’s not because of the cost of an attorney, we bend over backwards to make sure anyone who desires representation gets it regardless of their ability to pay. Inevitably, the best advice I give to any client is that they should not go it alone. In matters of immigration, you need an attorney who specializes in immigration law – put another way, you wouldn’t ask a heart surgeon to treat you for cancer.   

Here’s just a sample of what I’m talking about:

(1) Gentleman from Haiti came into our office and wanted to know when he was going to get his green card. The man wanted to travel to Europe with his wife and had been planning the trip for several months. After paying the airfare and reserving hotel rooms in three different European countries, he was getting worried his green card wouldn’t be issued in time for him to travel. The man was represented by an attorney but not one that specialized in immigration law. After asking a few background questions, I asked him if his attorney had ever filed for advance parole on his behalf. The man said no, and even more surprising, had no idea what I was talking about.

Advance parole allows a person like my Haitian friend to travel while USCIS is adjudicating their application for adjustment of status. Ordinarily, a person who files for adjustment of status and then leaves the country is deemed to have abandoned his application. Advance parole prevents this from happening. There are some issues you have to be careful of which is why I asked the client several in-depth questions before I suggested he file for advance parole. Needless to say, my Haitian friend was able to go on his long planned vacation despite the fact USCIS was still processing his application to adjust status at the time he left.  

(2) Client from Bolivia came into our office and said he hired an attorney (again, not an attorney who specialized in immigration law) to help him with an employment visa. The client stated he came into the U.S. illegally, and that four years ago, his employer decided to help him get his green card. The man looked for an attorney who was of the same ethnic background and when he found one, he retained him. The attorney, who turned out to be a personal injury attorney – and not a very good one, charged the client $5,700 “to get me a green card.” The attorney filed all of the necessary paperwork and the petition was approved. The major problem was, the client came into the U.S. illegally and so was required to consular process in his home country as he was ineligible to adjust his status in the
U.S. Because the client had been in the U.S. illegally for more than 365-days, he was subject to a 10-year bar to admissibility. Moreover, because the client had no qualifying relatives, he could not apply for a waiver of the 10-year bar. So, for the $5,700 he spent on getting his green card, all he really got was a visa he can’t use.

The moral of the story is, immigration law is very complex – you need an immigration attorney. While it’s important you feel comfortable with your attorney, you shouldn’t retain one based on ethnicity or because they happen to have an office on your street. Immigration issues require a professional attorney who specializes in immigration law.  If you go it alone, you risk making very serious mistakes that could end up with you being deported. And if you retain an attorney who doesn’t practice in the area of immigration law, you might as well be asking your heart surgeon to treat you for cancer.

Shadow Politics - Danbury and New Haven Deal Differently with Illegal Immigration

Excerpt from an article originally printed in Connecticut Magazine, August 2007

    The mayors of New Haven and Danbury may not see eye to eye on very much these days, but on one thing they are in total agreement: Federal immigration policy is a gigantic mess and they have the mean streets to prove it.  While the White House and Congress struggle haplessly with yet another major reform proposal, Mayors John DeStefano and Mark Broughton have been left to their own devices.
    DeStefano speaks smoothly and earnestly about his efforts to provide safety and security to an estimated 15,000 people without documents.  "We're not making a political statement here," he explains.  "The federal government is not enforcing the law and we are merely  dealing with the consequences."  Broughton's staccato delivery emphasizes the burdens imposed on Danbury's taxpayers by an estimated 14,000 illegal immigrants: "You have as many as 25 people living in a single-family house.
    [Two events have put Danbury on the map.]  The first occurred during the last World Cup soccer tournament in June 2006, when a game won by Brazil sparked a spontaneous demonstration by the large Brazilian population, many presumed to be undocumented.  Careening down Main Street in honking automobiles, the revelers brought downtown to a standstill and created considerable political momentum for a new statute requiring parade permits for such demonstrations. 
    The second, and far more serious incident, occurred last year in Kennedy Park, when U.S. Immigration and Customs Enforcement (ICE) agents arrested 11 Ecuadorian day laborers.  One of the agents was dressed like a contractor seeking workers.  Since then, periodic raids by ICE agents have resulted in a number of arrests, including a group of 10 in May.
    [Mayor Broughton takes a populist approach.] Working for the people includes introducing several programs affecting the immigrant community.  The most important by far is the Unified Neighborhood Inspection Teams, a city initiative to strictly enforce health-code issues like overcrowding in rental housing, unsafe fire hazards like jerry-rigged kitchen appliances, and informal and illegal businesses conducted out of homes.  The teams were authorized in part to do away with Ecuadorian volleyball games - conducted in backyards with widespread betting and unauthorized food and beverage sales.
    The main reason Danbury has such a large undocumented population is that the city is a veritable job machine, with unemployment in the 2 percent range and close proximity to some of the wealthiest communities in America - communities that wouldn't be cleaned, mowed, raked or otherwise cared for without immigrant labor.
    In many respects, Mayor Boughton probably reflects what the pollsters say most Americans and, presumably, most Dandury residents think:  People who broke the law to come here should not be welcomed or rewarded.
    Like his counterpart in Danbury, DeStefano has been forced to develop new policies to accommodate thousands of illegal newcomers, but his concerns have been more directed to the immigrants themselves than to the community-at-large.
    "Because they lack social security numbers, they can't use banks, so they often have large amounts of cash.  We begin to notice a surge in home invasions and other forms of robbery.  We also heard about buses picking up the undocumented to take to nearby farms, and that they were paid differently.  Then we notice that some of the landlords were packing them into houses and charging high rents."
    To deal with the identification issue, the city in June began offering its own ID cards.  By producing a birth certificate or consular document, an immigrant is able to obtain official status at least as far as the City of New Haven is concerned.  Although some advocates for immigrants worry that the new ID cards will, in effect, brand illegals, others are convinced that the liberal New Haven community will respond by getting ID cards as well, and the city hopes to encourage this by persuading local businesses to offer discounts for card carriers. 

3 at Bianco Plant Indicted on Immigration Charges

Excerpt from an article originally appearing in The Providence Journal, August 4, 2007
Article by: Karen Lee Ziner

    Five months after a sweeping immigration raid at the Michael Bianco Inc. plant in New Bedford, company president Francesco Insolia and two of his top managers have been indicted on charges of conspiring to harbor and hire illegal immigrants to fulfill almost $230 million in government contracts.
    U.S. Attorney Michael J. Sullivan said the indictment "should send a clear message to all employers that hiring illegal or unauthorized aliens, or conspiring to shield them from detection will not be tolerated."
    Sullivan, the U.S. Attorney for Massachusetts, said the alleged conduct by Insolia and his managers "undermines the integrity of our immigration system and could place legally operating businesses at a competitive disadvantage."
    Insolia and the other two defendants will be arraigned Aug. 9.
    The two-count indictment names Isolia, 50; production manager Dilia Costa, 55, of New Bedford; and contracts specialist Gloria Melo, 41, of Fall River.  They are each changed with conspiring to harbor or conceal or shield illegal aliens from detection, or to encourage and induce aliens to come to, enter and reside in the United States; and with conspiring to hire and continue to employ unauthorized aliens.
    If convicted of the charge of conspiring to hire illegal aliens, Insolia, Costa and Melo each face maximum sentences of 10-years in prison, a $250,000 fine and a $100 special assessment, plus at least two-years of supervised release.  They face months in prison, a $100 special assessment, and a $10,000 fine for each illegal alien hired by the Bianco company on the charge of conspiracy to hire illegal aliens.
    ICE is continuing its investigation with assistance from the Social Security Administration's Office of Inspector General; the Department of Defense's Criminal Investigative Service; The U.S. Department of Labor's Office of Inspector General; the Massachusetts Insurance Fraud Bureau and the U.S. Postal Inspection Service.

Connecticut Man Accused of Defrauding Immigrants

-- The Associated Press

WARWICK -- A Connecticut man accused of defrauding illegal Irish immigrants out of millions of dollars will be returned to that state after his arrest near T.F. Green Airport.

Ralph Cucciniello appeared in a Rhode Island court today. He waived extradition, and authorities say he'll be returned to Connecticut sometime within the next week.

He's being held at the Adult Correctional Institutions, in Cranston. He was arrested yesterday.

The Hartford Courant reported that Cucciniello was charged on an arrest warrant issued in Connecticut with 59 counts of larceny and one count of racketeering.

Cucciniello is accused of posing as a lawyer affiliated with Yale University in New Haven, and of swindling Irish immigrants with promises of helping them gain U.S. citizenship.

District Court Finds Ordinance Regulating Presence and Employment of Illegal Aliens is Unconstitutional

Originally posted by AILA at www.aila.org

A U.S. District Court in Pennsylvania found a city ordinance regulating the presence and employment of illegal aliens unconstitutional, stating "We cannot say clearly enough that persons who enter this country without legal authorization are not stripped immediately of all of their rights because of this single act."

"Ya es Hora!" - Or Maybe It's Not, At Least In Rhode Island

This past Saturday, several non-profit groups spent their time helping immigrants complete their applications for naturalization ahead of the projected 69% increase in filing fees that are scheduled to take effect July 30, 2007. According to the Executive Director of the International Institute of Rhode Island, there are approximately 70,000 legal immigrants in the state who are eligible for their citizenship. Despite this rather large number and the generous offer of free assistance, the event was relatively non-eventful. Approximately 200 people turned out, representing two tenths of one percent of those who could have benefited from the assistance. So what went wrong?

First, immigrants in Rhode Island come from all over the world, not just from Spanish speaking countries. Hispanics have become the face of illegal immigration but they are not the only face of immigration. Somewhere mixed in with those 70,000 eligible immigrants are Australians, French, Irish, Italians, Nigerians, Polish, Swedes, and the list goes on and on. I wonder what they thought when they heard, “Ya es Hora!”

Second, the organizers profiled the wrong person in the Providence Journal when seeking publicity for the event. The proud gentleman the newspaper profiled is a Guatemalan immigrant who has been in the
United States, legally mind you, for some 22-years. Nevertheless, the man had to speak through an interpreter because he presumably doesn’t speak English. Undoubtedly, my Guatemalan friend will seek a waiver of the English requirement at his naturalization interview since he is over the age of 50 and has been a lawful permanent resident for more than 20-years. Americans love people who come to this country legally and who desire nothing more than to be an American. But to be an American, you have to assimilate and you cannot assimilate if you do not speak the language. So while there may be 8 million immigrants in the United States eligible for U.S. citizenship, it’s important to remember, there are more than 208 million Americans already eligible to vote. While not your constituents, these Americans are part of your audience, and what motivates them to pick up the phone and call their Senator in opposition to Comprehensive Immigration Reform, is a person getting their citizenship who cannot speak English despite having been here for 22-years.

Third, immigration should be a uniting issue and not the exclusive providency of one ethnic group. Hispanic organizations within the state have done a tremendous service for their clients. Now it’s time for them to join with other groups and put a multi-cultural face on the immigration debate. Although the organizers of “Ya es Hora!” did not actively exclude other ethnic groups from participating in Saturday’s event, they certainly did so constructively. Perhaps next time, referring to the event in the English vernacular will actually bring action to, “Now’s the Time!”   

DREAM Act May be a Dream Come True

Senators Richard Durbin, Chuck Hagel, and Richard Lugar plan to resurrect the DREAM Act as an amendment to the newest Defense Authorization bill. The DREAM Act would allow undocumented immigrants, including those who have overstayed their visa, to adjust their status to that of a lawful permanent resident on a conditional basis. The condition would be in effect for a six-year period and must be removed prior to the immigrant applying for naturalization.

To qualify under the DREAM Act, an immigrant must show they (1) have been physically present in the United States for a continuous period of at least 5-years, (2) were under the age of 16-years at the time of their initial entry, (3) maintained good moral character, (4) are not otherwise inadmissible or deportable, (5) have graduated from high school, received their GED, or have been admitted to an institute of higher education in the United States, and (6) have never been under an administrative or judicial order of exclusion, deportation or removal. In certain circumstances where an immigrant is inadmissible or deportable, a waiver may be obtained from the Secretary of Homeland Security.

Contact the law office of Marley, Magee & Associates, LLC, toll free at (866) 573-5941 or (401) 608-2687 to determine if you’ll qualify for immigration benefits under the proposed DREAM Act.   

Ralph R. Papitto's Use of the N-word Shows a Lack of Integrity

 

Ms. Kate Bramson’s article in the Providence Journal, “Papitto says ‘N’ word just ‘slipped out’,” is an interesting study in the word “integrity.” While the N-word may very well have just “slipped out” of Mr. Papitto’s mouth, his subsequent actions makes the situation all the more deplorable. An ethical person, a moral person, a person with integrity would have admitted his mistake with the candor and honesty we demand from a person who is the namesake of a legal institution. His statement to radio personality John DePetro that he doesn’t use “that word,” and that the first time he heard it was on the radio in rap music is ridiculous at best. Mr. Papitto is 80-years old, am I to believe he spends his afternoons driving down I-95 listening to Snoop Dog?

The School of Law should lead by example. An institution dedicated to the study of law and justice should not bear the name of a person who speaks obsolete words of hatred and bigotry from a shameful era in American history. Perhaps a more appropriate name would be, “Roger Williams University Thurgood Marshall School of Law.” If Mr. Papitto had any integrity, he would request the name change himself.

 

Members of the United States Armed Forces May Qualify for Expedited Citizenship

Approximately 37,000 immigrants serve in all branches of the United States Armed Forces. Many of these warriors desire to become citizens but because of long deployments and military necessity, they very often never get around to completing the application process; many more simply do not know they are eligible. 

Non-citizen members of the Armed Forces who have served on active duty at any time beginning September 11, 2001, are eligible to apply for United States citizenship pursuant to a special provision of the Immigration and Nationality Act (INA). Section 329 of the INA allows active duty servicemembers who have served honorably during an authorized period of conflict to apply for citizenship without having to comply with the normal residency requirements. On July 3, 2002, President George W. Bush signed Executive Order 13269 designating the war against terrorism as an authorized period of conflict with an effective date of September 11, 2001. Executive Order 13269 makes expedited citizenship possible.

Section 329 of the INA requires all applicants to submit a properly completed application for naturalization, a current set of fingerprints, detailed biographic information, and a certificate of military service. Applicants honorably discharged from the Armed Forces prior to submitting their application should include a copy of their DD Form 214 Report of Separation. The only other requirement is that the member be a lawful permanent resident of the United States. Completed applications may be submitted through the servicemember’s military base or filed directly with United States Citizenship and Immigration Services (USCIS).

Several benefits accrue once a servicemember has obtained United States citizenship. Earning the right to vote in general elections and, in some cases, run for political office following a departure from the Armed Forces, are just two examples. Citizens also have the right to travel abroad for extended periods of time with a U.S. passport and seek assistance or protection from U.S. consulates. And, perhaps the most cherished benefit of all, citizens can petition on behalf of their foreign relatives to bring them to the U.S. to live permanently.   

Although the citizenship process is meant to be less complicated than for non-servicemembers, there are many pitfalls that could easily sink an otherwise valid application. For example, a Sailor who has received non-judicial punishment for an offense may find it difficult to establish good moral character. Therefore, servicemembers would be well advised to consult with a qualified immigration attorney prior to submitting their application for citizenship.

I-9 Compliance - Our Old and New Immigration Reform

Immigration reform should not be focused solely on targeting undocumented immigrants or building a fence at the border. Reform must also target unscrupulous employers who hire and exploit undocumented immigrants.

Federal law requires all employers complete and maintain DHS Form I-9 for each employee whether they are an American citizen or foreign national. When properly completed, Form I-9 accomplishes two things: (1) it may protect business owners from civil and criminal penalties in the event of an Immigration and Customs Enforcement (ICE) investigation, and (2) prevents employers from hiring undocumented workers.

Unnecessary incarceration of undocumented workers is wrong because it strips away the dignity of the human spirit while violating the sanctity of the familial unit; but, so too does exploitation at the hands of dishonorable business owners. The high risk of exploitation underscores the need for Congress to draft immigration legislation that will hold employers liable for wrongfully hiring undocumented workers while at the same time allowing those who are victims of inhumane treatment to report their abusers without fear of deportation. 

Today, because of our current immigration policy, undocumented workers come to the United States at their own peril. This policy is indefensible as no human life is worth more or less than any other. But if our current policy provides no protection to the sanctity of human life, so to should it provide no quarter for businesses who hire these undocumented workers.