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To avoid surprises ...

The following situation is fairly typical:

A client hires him to apply for adjustment of status (ie permanent residence). Comes with her partner, who is a citizen, and bring all necessary documents: birth certificate, marriage certificate, but the evidence that marriage is "bona fide" (ie, real and not paper). Prepare the application and referred to the Immigration Service (USCIS), along with a work permit application that is received earlier.

Three months later comes a letter from USCIS saying that the person can not receive a work permit "because there is a pending deportation order against him, which won" a few years ago.

course, if there pending deportation order, the client can not adjust status and the situation becomes complicated, because the remedies available to a person in this situation are few.

a lawyer is impossible to know whether a person has a pending deportation order. It is extremely important that you tell the lawyer of any mishaps or problems you've had previously and Immigration Services show you any documents about it. If you've had problems before, but he has no copies of the documents issued by USCIS to describe why he has refused a request, your lawyer will recommend making a "FOIA" or Freedom of Information Act Request (request for information) for the government to send them copies of the documents in his file. Once these documents are in the hands of the attorney, this can best advise to avoid mishaps and more surprises down the road.

The big problem with FOIA is that the Government takes several months to answer. However, in many cases it is a prudent step prior to requesting a file a new petition for immigration benefits.

However, surprises can not be avoided forever. Sometimes it happens that the client did not experience problems with USCIS, but the USCIS found something in his absence. Unfortunately this is the situation in which we live now.

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Welcome 2009! Space for your questions

To all readers,

Many people see the arrival of a new year as an opportunity to start over: come New Year's resolutions, reviving hopes that everything will change, at least for the better.

With 2009 also reaches the twilight of the era of President George W. Bush and his administration, and the rise of Barack Obama and his agenda of change, supported almost entirely by a Democratic majority in both houses of Congress.

What changes can we expect with Mr. Obama in the area of \u200b\u200bimmigration? To get an idea, we must refer to his election platform, which has the following points:

1. Create secure borders through allocation of more staff and more resources to patrol them.
2. Improve Immigration System, fixing the inefficient bureaucracy that exists right now in order to promote family unification and provide employment visas to more people.
3. Remove incentives to enter "illegally" by penalizing employers of undocumented persons.
4. Remove people from the shadows, providing undocumented immigrants a path to U.S. citizenship after paying a fine and learn English.
5. promote economic development in Mexico to reduce illegal immigration.

not know what steps have been taken, if any, to advance this agenda after Obama sworn in as president. However, it would not surprise me if there is no new or major changes, at least this year as the new president's priority is the economy.

understand that as much as possible (and easy to do) is number 4: providing a path for illegal immigrants "legalizarze." This has been done many times through the history of the United States, and as recently as between 1999 and 2001, which was revived temporarily section 245i of the Immigration Code. This section will allow people, even if they had gone undocumented, apply for permanent residence if they met certain requirements.

is quite likely to "get people of the shadows "refers to a resurrection of that section of law, or something similar. Only requires the U.S. Congress ordered.

addition, it is too early to tell how Obama would implement a comprehensive immigration reform and meaningful. His platform does not give many details, and also, unfortunately, a reform is not as much priority as the economy now.

we can only wait and cross your fingers.

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