POPESCU, IOSEPOVICI & ASSOCIATES - IMMIGRATION LAW UPDATE
The Law Firm of Popescu, Iosepovici & Associates continues to provide the Romanian community with the most up-to-date information pertaining to the Immigration Laws of the United States. It should first be made clear that there is no new immigration law which President George W. Bush is prepared to sign into law. As many of you know, several months ago the Bush Administration proposed a new immigration initiative. Subsequently, several members of Congress have proposed their own versions of new immigration laws. Overall, the Congressional proposals have been more “generous” vis-a-vis the rights of immigrants than the Bush Administration’s proposal. As a result, presently all of the proposals have stalled and no one has shown the “political courage” to act decisively.
From a practical standpoint, as long as the United States position in Iraq continues to “take center stage”, all other political debate will take a “back seat.” However, not all hope should be lost. The fact that there are at least 4 new positive immigration law initiatives pending in Congress should be seen as an indication that a change is forthcoming.
Now, 2 issues which must be addressed with our community. Based on information obtained by this firm, the Adjustment of Status (i.e. Green Card) sections of our local Immigration Service offices (i.e. New York, N.Y. & Newark, N.J.) have been instructed to try and deport as many people as possible. This is evident in 2 situations:
Situation # 1
An alien with an “open” Deportation Order, who subsequently marries a United States citizen and applies for a Green Card with the Immigration Service local office. The individual appears at the Immigration Service local office to pick up his/her work authorization and is immediately arrested and deported based on his/her outstanding Deportation Order.
What to do
DO NOT to apply for a Green Card with the local office. Rather, an Alien Relative Petition (I-130) and all relevant documents and affidavits must first be filed with the Immigration Service Regional Center (i.e. Vermont). If and when the application is approved, the applicant must then ask the local Immigration District Counsel Office (i.e. attorneys) to consent to the REOPENING of his/her Deportation Order. If the Immigration Service attorney agrees, then the Green Card application must be filed with the Immigration Court, which, due to the “open” Deportation Order, retains jurisdiction over the case;
Situation # 2
An alien and his/her United States citizen spouse appear at a Green Card interview. The case is subsequently denied and the alien receives a Notice to Appear before the Immigration Judge, which is an indication that the U.S. Government is trying to deport him. The alien is shocked because he/she was always told that if the marriage case is denied the Immigration Service will close the file and will not try and deport the alien. Thus, if the Immigration Services determines that the application should be denied due to insufficient documentary proof or its belief that the marriage is a “sham” (i.e. entered into for immigration purposes, only) it will issue an Order seeking to deport the alien. The latter document is issued because once the alien’s Green Card application is denied, the alien has no lawful basis by which to remain in the United States.
What to do
BE PREPARED for the Green Card/marriage interview. Make sure that you are prepared to provide the Government with all of the information and evidence it requires. The Immigration Service is much stricter now in its handling of marriage-based Green Card cases and requires that applicants and their attorneys appear prepared or suffer the consequences. (Obviously, if it is the Government’s fault for the case being delayed (e.g. fingerprints/background check not completed), the alien will not be punished.)
We, at Popescu, Iosepovici & Associates, believe that it is important for people to worry less about what may happen in the future and more about how to avoid suffering legal setbacks as a result of today’s immigration laws. The reason for this is the fact that an alien can do little about how members of Congress will act vis-a-vis the Immigration Laws of the United States. On the other hand, an alien can very much learn to avoid the various pitfalls created by the present application of our Immigration Laws.
The Law Firm of Popescu, Iosepovici & Associates remains committed to assist all members of the Romanian community seeking our advice and counsel.
Robert Popescu Zamir Iosepovici Madalina Andrei
