Immigration Matters

Waiver Appointments in Ciudad Juarez: Delays with "Clearly Approvable" Determinations

Something is going on at the consulate in Ciudad Juarez but nobody knows exactly what.

Prior to late July, when a client filed a hardship waiver application, the consulate made a decision in 2-3 weeks about whether the application was "clearly approvable."  If "clearly approvable," the consulate immediately issued the immigrant visa and the client returned to the U.S. after a separation of about 10 weeks.

In late July, without any warning or public explanation, the consulate suddenly started taking 6-8 weeks to make the decision on whether the application is "clearly approvable."

Clients and attorneys alike get very frustrated when these changes happen.  Clients are upset (naturally) about the increased time apart from their spouse.   They also often think the attorney must have known and not told them in advance.  Not so.  I often learn about changes to consulate procedure through my clients.  I like to prepare my clients for what will happen, so these unannounced changes leave me looking a little foolish in the eyes of my clients as well as creating tension in the attorney/client relationship.

Will the processing times revert to 2-3 weeks?  Nobody knows for certain.  I suspect not.  More likely, the processing time will remain at 8 weeks or get longer.  Not ideal, but as I tell all my clients: enter into this process with the expectation that you will be apart for 15 months, then if you are apart for less than 15 months, e.g. for 3 months, you will be ecstatic.

Wisconsin Latino Family Expo October 28-29, 2011

Blackwell Law Group is delighted to be part of the 2011 Latino Family Expo being held at the Wisconsin State Fair Grounds on October 28-29.  We'll be there doing mini-seminars on four important immigration law issues:

1. Family-based green cards and hardship waivers
2. Naturalization: Becoming a U.S. citizen
3. Live Safely.  Protect Your Status.
4. Know Your Rights.  Be Prepared.

There will be six seminars each day, starting on the hour from 10am to 5pm.   After each seminar, there will be time for questions.  We'll also take a break every two hours so there also will be time for brief consultations.

Stop by and see us!  We'll be located on the upper level of the Expo building.

Garden of Martyrs

Some things never change.  Attitudes toward immigrants is the perfect example of that adage.  I recently finished reading an excellent book called "Garden of Martyrs" by Michael White.   The story is set in Massachusetts in 1806 and though fictional, it is based on true events.   Two young Irish men are charged with murdering a man.  Societal attitudes toward the Irish at the time unduly influence the legal system, resulting in a conviction based completely on circumstantial evidence.  The two men hang.  One is a married man with a young child.  In 1984, they were posthumously pardoned by the Governor of Massachusetts.  The proclamation of their pardon declared:

"The trial and execution of Dominic Daley and James Halligan are reminders that we must constantly guard against the intrusion of fear and prejudice in all judicial and government decisions, and to resolve to not allow the rights of any racial, ethnic or religious groups to be denied or infringed as a result of such prejudices."

We should think carefully about that declaration every day.  Too often we allow our prejudices to color our decisions and actions and people's lives suffer as a result, sometimes in ways that cannot be changed.

 

Hardship Waiver Approved on Appeal

Quite the excitement yesterday: I received a letter from the Administrative Appeals Office (AAO) about a hardship waiver that was on appeal.  The AAO decided the local immigration office had improperly concluded my client's husband did not suffer extreme hardship.

I'm usually reluctant to appeal a hardship waiver denials.  It takes so long to get a decision;  usually about 2 years.  It's often easier (and faster) to just re-file the case.  But I opted to appeal this case for two reasons.  First, I was convinced the immigration officer was wrong.  Second, the client was already in the U.S. and filing an appeal ensured she would be in the U.S. for at least another two years.  She could not be deported and separated from her family while the appeal was pending.  (And who knows what might have happened while her case was on appeal. Reform, anyone?)

Her waiver was for misrepresentation.  Although waivers for misrepresentation should be judged by the same standard as waivers for other types of inadmissibility, the approval statistics suggest otherwise. Only 24% of misrepresentation waivers are approved compared with 85% of waivers for living in the U.S. illegally.

I am thrilled for my client and her family. She gets to remain here with her family. Blackwell Law Group succeeds again at keeping a family together.  Winning on appeal does not always happen.  When it does happen, it really makes my day and brings a smile to my face.

New Offices!

After being on the north-side of Milwaukee for 5 years, my office re-located to the south-side of Milwaukee on September 1, 2011. I'm very pleased with the move. More than 50% of my clients are Mexican and most live on the Milwaukee south-side or in the Racine/Kenosha corridor, so my office is now much more convenient for clients.

Plus I now have a bilingual assistant, Yaimelys, who works Monday to Friday from 8am to 5pm.  She is fully trained as an interpreter.  I also have a bilingual attorney, Josie Lozano, who works closely with my hardship waiver clients whose US citizen spouses do not speak fluent English. Together, we make quite the team and we are looking forward to working with you.