Monthly Archives: September 2007

THE WHOLE TRUTH

The following is not legal advice. Please contact a qualified immigration lawyer for assistance with your unique case.

When consulting with an immigration lawyer, the client should be as forthcoming as possible early in the relationship. There are times when one may feel that a minor arrest or other incident should not matter to a case, and this may be true, but full disclosure will allow the attorney to determine the best way to proceed.  When in doubt, tell the lawyer.   It is advisable to bring all immigration-related and other relevant documentation (such as criminal dispositions, divorce/marriage certificates, and passport) with you to the initial consultation.

Sometimes not filing anything with the USCIS or waiting to file are the optimal solutions. Other times, a situation may require that an alien leave the US and apply from abroad to reenter. These determinations are case-specific and necessitate the attorney having a  complete understanding of a client’s history and goals from the outset.

A case assessment made by an immigration lawyer is only as good as the information on which it is based.

WHOSE SUING WHO REGARDING IMMIGRATION CRACKDOWN?

According to an Associated Press article:  “The Bush administration is suing Illinois over a new state law it says complicates federal efforts to crack down on illegal immigration.”

Contrast this with an article on thedenverchannel.com: that reports  “A federal judge has thrown out a lawsuit filed by the state alleging the federal government has failed to do enough to stop illegal immigration.”

Or with a recent article that appeared in the NY Times accusing “Immigration and Customs Enforcement unlawfully force their way into the homes of Hispanic families in the New York area without court warrants or other legal justification, sometimes pushing down doors in the middle of the night, in search of people who do not live there.”

Until Congress does its job and addresses the immigration issue, it looks like the Courts will have to.

E-VERIFY WILL NOW ALLOW EMPLOYERS TO COMPARE PHOTOS

E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

According to a Fact Sheet issued by the DHS, registered employers will now be able to compare the photographs on documents presented by employees with identical photographs in the DHS database.  At this time E-Verify is free and employer participation is voluntary