When is an admission not an admission and when is a parole not a parole? When ICE makes up the law.

Sunday, June 26th, 2016

When you encounter a non-citizen of the United States on an American street, the usual understanding is that he could be one of six things: 1. A person who was admitted to the United States after inspection at a port of entry (border or air or seaport) and is maintaining proper status; 2. A person who was admitted and then overstayed his period of admission or violated his status; 3. A person who was paroled into the United States. Parole…

Asylum delays lead to unintended but not surprising consequences.

Sunday, September 27th, 2015

An opportunity appears and you can bet someone is around to take advantage of it. USCIS acknowledged that the asylum program is hugely backlogged. It posted the filing dates of applications that are currently being processed at the Asylum Offices around the country.  The Los Angeles Asylum Office is now processing asylum cases filed in August 2011. What this means is that a person who filed an asylum interview more than four years ago will just now get his interview….

Migrant or refugee? In NYT, common knowledge prevails over actual knowledge

Sunday, September 6th, 2015

The New York Times last week decided to help its readers understand the legal status of the flood of Syrian refugees pouring into Europe with an article, “Migrant or Refugee? There Is a Difference, With Legal Implications.” The short article, meant to straighten out misconceptions, perpetuates them. This would not be so bad if it were some barely-read fringe blogger writing from a remote [sunny, temperate] American corner somewhere, but this is the New York Times! The article asks the…

Things that are not what they seem are what they seem.

Sunday, July 26th, 2015

Some of my clients understand what is going on in their cases. Others think of what is happening as a black box. They hire me to solve some problem. We fill out papers, pay fees, they pay me, we go to meetings or hearings, I may go to meetings or hearings without them, and their problems are gone (when we win).  Despite my explaining what we are doing and why, to them it is just magic. Then they send others…