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November / December 2008

Again opens a new area for questions related to immigration laws for the months of November and December 2008. As always, remember that this space is for a general discussion of cases and situations, hypothetical and real. Thus, all that is written here can not and should not be taken as legal advice. For legal advice, you should meet with an attorney with knowledge of immigration laws. Alternatively, I am available to advise. For appointments call Monday through Friday from 9 AM to 6 PM at 787-786-4001.Visite today our website: http / / www.inmigracionpuertorico.com.

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Another space for your questions

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Illegal immigration is a problem in Latin America

Any effort to stop the flow of illegal immigration (known in American politics and illegal immigration), or to reform and fix our immigration system will fail unless there is a conscientious effort to work diplomatically with Latin America and other regions in need and serve as point of origin for immigration to the United States.

The question in the minds of the rulers of the United States and the people should be: "Why do so many foreigners come to the United States irregularly every year?" instead of "how we can better implement the immigration laws?"

There is no simple answer to the first question, and I will not presume you know it. But heaven can not be covered by hand, and it is clear that illegal immigration is a direct product of political and economic disaster affecting much of Latin America. Nor is it a secret that the U.S. has completely forgotten about Latin America in the last decade to entertain themselves in political and military adventures in deserts and mountains beyond.

I am not suggesting that the United States has the key or sole responsibility for solving all the problems of Latin America. My Latino brothers and I, I assume, they would see this proposal as a return to the Monroe Doctrine and American imperialism in Latin America. However, as United States is the recipient of millions of Latin Americans who come regularly and irregularly, it must take a strong stance and engage with its neighbors to the south with the purpose of seeking regional solutions to these problems that force millions of people to leave behind their country, and taking a big risk to come to America in search of a better life for themselves and those they left behind.

However, the bulk of the responsibility to work for change falls on the shoulders of governments and peoples of Latin America. Several governments (particularly in Central America) that stimulate migration, both regular and irregular as a method of attracting foreign capital through remittances, or distarer public attention from their own incompetence to rule, while doing little or nothing to lift their countries out of poverty, fight corruption or crime. At the same time, many Latin American nation have given up and decide it is better to risk and move to try to survive in their countries.

The issue is too complicated to summarize in two or three paragraphs, nor can we create a formula to define the "why" and "how" of human migrations in the Americas. However, it is abundantly clear that any discussion of immigration reform in the United States must be accompanied by a regional initiative point to address the social, political and economic interests of our neighbors. I am of the belief that if the United States ignores this point, any discussion or action to reform our immigration system is at best partially effective, if not you will fail.

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More general questions of immigration

Dear Readers and Visitors,

Please include in this post all your questions and comments related to the immigration laws of Puerto Rico. For those who visit us again, I closed the discussion in a "posting" previous "Family Immigration Questions" because that dated back to May, and also it was too full of comments and questions. Can continue the discussion here, and simultaneously review and continue reading the comments left on the previous entry.

Remember the following:
1. This is a general discussion of the immigration laws of the United States.
2. None of the answers to your questions constitute legal advice for your particular case or situation. The answers, rather, are discussed in general and not a consultation for your case or situation.
3. For a discussion of his particular case, contact an immigration attorney. Similarly, I am to serve you: Call at 787-786-4001 Monday through Friday from 9 AM to 6 PM or visit www.inmigracionpuertorico.com to book an appointment.

Greetings.

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we go to the police?

One Saturday afternoon I received a disturbing call from a Dominican nationals abroad for help. This, he confessed at the outset that he was undocumented, had been the victim of aggression and wished to withdraw the act to the Police of Puerto Rico. The stranger had a simple question: "Do you recommend to submit the complaint?"

may find it strange that a person see this with an attorney, therefore, do not assume that the police there to assist and address the claims of victims of crime? If a person is undocumented in the country, this is not the case. There are many horror stories they hear the lawyers engaged in the practice of immigration, where the Puerto Rico Police stopped and questioned them about if they "have papers", and subsequently handed over to the Federal Immigration and Customs Enforcement, where are put into deportation proceedings. In many cases, these illegal immigrants are innocent people whose only fault was being a victim of crime and report it to the police, or being in the wrong place at the wrong time.

This is totally illegal and unconstitutional because the state police forces have no authority based on the Law of Immigration and Citizenship to verify the immigration status of a person. This power is reserved to the appropriate federal agencies and properly trained. In addition to this undermines the confidence of these communities in the police, hindering the ministerial work of this body to investigate and prevent crime. It's time to put a stop to this practice as sinister and counterproductive.

I remember saying: "I do not recommend you go to the barracks, but if you go, bring a lawyer." Visit our

Today website: http / / www.inmigracionpuertorico.com.

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Complaint "immigration lawyer? Questions about family immigration

is a fact: many immigrant communities are suspicious of immigration lawyers.

than enough horror stories of how expensive it takes a certain lawyer X, the "pranks" that the lawyer has done Y, or the selfless Z is the lawyer on the case of a member of a certain community of immigrants. In large part the fault of the same lawyers that there is distrust, and mainly by the absence of something very basic in this line of work, clear communication and a degree of sympathy or empathy.

immigration laws are a maze where, with difficulty, practitioners do the impossible to know where we stand. If the laws are confusing to the lawyer, imagine how it must be for the person who is not. The immigrants used the lawyer, rather than to solve your problem, to know where you stand. Although the immigrant is not entitled to any remedy at law, will be able to rest more easily by having that knowledge. Speak clearly to the customer is one of the most important things.

The second communication problem has to do with money. For example, many immigrants suspected, rightly, something strange happens when immigration lawyer asked large sums of money "to pay the government." Several frightened, and think that the lawyer wants to take money, but there are lawyers who, for some stupid reason, they assume that the person known as "is paid to the Immigration Service." It does not take much work to explain to the person who, although the client can pay the lawyer in time, federal regulations require that payments to the Service are made in full at time of filing applications to receive an immigration benefit. This explanation can save both parties misunderstandings and bad times, and promotes transparency between lawyer and client.

The third problem arises when the lawyer loses all sense of empathy and solidarity with the immigrant. Many lawyers, either by the passage of time, or any other reason, the subject distance and lose interest in the welfare of his client. Although it is necessary to keep professional distance, it is essential to show at least a grain of sympathy with the immigrants and their struggles to stay in the country. A little solidarity in this regard can exponentially improve the communication with the customer, and therefore retained a client who is unhappy with his lawyer.

addition, the balance is made for the government in this area of \u200b\u200blaw. To fight effectively for a client in this environment, it takes great courage, and sympathy with the represented person is an almost infinite source of this value. Although at the end of the day is lost the case and the client receives the benefit requested, at least both be clear and satisfied that it was the maximum as the lawyer defended his client as he had defended himself.

www.inmigracionpuertorico.com

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Greetings. Hereby I want to open a discussion for visitors to the blog of www.inmigracionpuertorico.com on general questions related to family immigration. Feel free to express any concerns or questions you have, anonymously. I suggest the following

topics:
1. How to receive residency after marrying a citizen.
2. Like getting a visa to emigrate to the United States after marrying a citizen.
3. K-3 process.
4. Or anything else that comes to mind.

(Note: The comments, explanations or any other information written by the author does not constitute legal advice and is rather for guidance on immigration matters in general. For legal advice about your case, be sure to consult a lawyer)

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The Aliens is an impediment to marry

is not news: the current weather forecast in the U.S. for immigrants is very bad. Apart from that the Federal Government is "tightening the screws" with immigration laws, states and territories are taking anti-immigrant measures. And this is not news just to the north, but in Puerto Rico are feeling the effects.

Now not only the police are rounding up or marginalize anyone who looks or speaks differently, but also the courts.

Today I made a phone call to a Judicial Center outside the metropolitan area to find out how a customer could get married in Puerto Rico, but their immigration status expired.

At present the question to the staff of the Chamber of Investigation The consultation with a judge who was nearby, and in less than a minute and had the answer: if you have no visa, can not marry here.

For information: Visa is not what gives one the right to remain in the United States (Form I-94, or entries on the passport). That aside, the answer surprised me ... and still more coming from another expert on the right.

honestly do not understand how or why can not marry, because the aliens (if one is undocumented) is NOT one of the impediments to marriage that clearly expresses the Civil Code.

The sad part is that we are Latinos who we are closing the door to other Latinos who want to live a life that is as close as possible to normal, despite his immigration status is precarious. This practice is sad, and our courts should reconsider it, because it is undermining the natural right openly that we all, citizens and noncitizens, to enjoy life, liberty and the pursuit of happiness, either through marriage and love, or by other means.

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why a lawyer should be in the interview?

Recently I was in a meeting with some officials of the federal government, which discussed, among other things, matters related to cases immigration. A recurring complaint was the abundance of clerical errors in the date change requests for appointments between clients and immigration inspectors. Has been spreading a date for an interview, but neither the lawyer nor the client can go and request a date change well in advance. However, given the appointment anyway, and this, in short, causes serious problems.

I was struck by the reaction of one of federal officials, the highest ranking in the room. With a somewhat mocking tone said, "Well that customers go to appointments alone! Why must you be there? To ensure that customers can get the juice to the system? "

One of the lawyers was not made to wait:" Because it is your constitutional right! "

At that time, and before an incredulous audience, the veil is pulled back and saw bureaucratic, then clearly, the essence of the thinking of many government officials: the hatred of the most sacred (The Constitution).

I think the news speak for themselves. Look at this news the New York Times . An immigration officer began personal questions rather a poor Colombian immigrant who was alone with him in the interview. So he took out his cell phone number and started calling, threatening not to give their "Green Card" if you had certain sexual favors.

Unfortunately you can not trust the government to live up to our times.

The Homeland Security Department is the agency of the U.S. government less transparent. Many of its officials can act with virtual impunity, and without fear of reprisal, as their "clients", immigrants fearful of losing their status, do not dare to sue for fear of reprisals. The presence of a lawyer in the room, in the midst of an interview, is a guarantee that the inspector will conduct a respectful manner and in accordance with the law.

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You Have the duty to speak ....

One more day for the interesting and sometimes contradictory world of immigration law.

The "Miranda Warnings" backwards ....

Whenever I hear more stories of lawyers who have seen immigration-related cases (though not necessarily of immigration), where a customer comes to them is "fastidiao." "Fasitidiao", commonly to boricua, jod ** if not, they are induced by immigration officials to answer everything they ask to be detained. The threat is typical: you have no constitutional rights and can not remain silent.

However, this is a lie. Many lawyers are

agree that, although a foreigner is arrested at the airport or within the country for questioning, it can refuse to answer certain questions that can be admissions that the person committed a crime. For example, see this case: a person is arrested on the border with Mexico and makes a "frisk (pat down), where CBP officers found something they suspect is drug. At that time, the detainee asked if that was dope. The silent, and the insistence of the agent, admits that it is drug. A Circuit Court ruled then that the man was arrested and was entitled to keep silienco. That is, she was given the "Miranda Warnings."

When something happens well, it is preferable that the alien is silent, but not directed, and is limited to answering questions about his citizenship and immigration status.

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Issues of sovereignty, citizenship and "sanctuary cities"

The U.S. government system is founded on the principles of federalism. In this system, it is recognized that all U.S. states are sovereign, ie governments that are separate and independent from the federal government. As sovereign, each state has its own constitution and bill of rights, can pass laws that you think, perform the same, and judicial review, all subject to limits by the United States Constitution.

This system creates a unique situation: all residents of a state (which they intend to stay there permanently), regardless of citizenship are citizens of that state. In other words, a Honduran who lives in Florida, regardless of their immigration status, a citizen of Florida.

So why do we see that the local authorities (in Puerto Rico and other states) have established a policy to report you to ICE (the "migra") have discovered an alien unlawfully present in its territory, without them necessarily have committed a crime? Recall that COMPETE TO GOVERNMENT FEDERAL create, run and interpret immigration laws, mandated by the Constitution of the United States. Nowhere in the Constitution requires states to cooperate with the feds to identify, detain and deport people illegally present.

And there is a federal law created by that obligation because that would suck from the beginning, to be unconstitutional by a variety of reasons.

For example, several cities and states have defended, even with the "nails" and "face up" policies "do not ask do not tell" regarding the immigration status of a detainee by a violation of local laws. This is that when a state police officer stops someone, you can not ask about immigration status.

Virtually all states (and Puerto Rico) have a provision in the constitution which reads: "No person shall be deprived of his liberty or property without due process of law, nor deny to any person equal protection of the laws" .

Knowing that any person residing in a state is a citizen of it, do not you think that hits the state constitutional rights of this person to due process of law which is identified as illegal by state authorities and handed over to the feds for deportation? Did not is this an erosion of state sovereignty and the system of limited powers of the federal government?

this practice also borders on a violation of the right to equal protection of the laws, as state authorities arrested, processed and presented to people deportation on grounds of being foreign.

I know "for knowledge and belief" that the Police of Puerto Rico carried out this practice, and is generally known that the Judicial Branch of Puerto Rico as well. Most curious of all is that this gets published in the section that gives an overview of the wedding made before a judge of the courts of Puerto Rico. See here.

Finally, the effects of this practice are felt in many ways. Among them, indirectly requires immigrants to not participate freely in cultural life and local social, or assume their responsibilities as citizens of the state in which they reside, and pay their taxes, for fear of being discovered and deported. In more simple words: it pushes the "illegal" immigrant to the periphery of society, the underground economy, among others.

Instead, the concept of "sanctuary cities" is a positive alternative and more constructive, rights and humanitarian terms, what we have today. Furthermore, the policy reinforces state sovereignty vis a vis prevents the excessive growth of federal power. Remember, everyone who lives in the U.S. have dual citizenship as a mechanism of protection against abuses of concentrated power. If we allow non-compliance with state citizenship, we all lose, and our laws, constitutions and laws will become a dead letter. Today

looking for "illegals", but tomorrow we can be you and me.

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