Massachusetts Immigration Lawyer Blog

Boston Immigration Court News

This week, I had a detained deportation trial in Boston Immigration Court. My client, a permanent resident who had lived in the United States for over twenty years, was facing deportation to Pakistan, a country where he knew no one and didn't speak the language. He entered Boston Immigration Court in chains and an orange jumpsuit and walked out of court knowing that he would soon be a free man and a could continue his life in the U.S. with this green card.

Allow me to explain how I won the case:

The Department of Homeland Security had arrested my client and detained him at the Plymouth County House of Correction in Plymouth, Massachusetts. Interestingly, my client was arrested in Connecticut but because Hartford Immigration Court has not detained docket, he was transferred to a facility in Massachusetts so that his deportation trial could be placed on the docket of Boston Immigration Court. In Boston, Immigration Judge Steven Day exclusively handles the detained docket for all deportation cases in all of New England (Connecticut, Rhode Island, Vermont, Connecticut, Massachusetts and New Hampshire).

My client was facing the prospect of being deported because of a criminal case that had concluded many years before. Initially, Immigration and Customs Enforcement charged my client with having a criminal conviction that was classified as "aggravated felony." But, after I reviewed the record of conviction (especially the plea colloquy), I realized that, in fact, he had pled guilty to a divisible statue. This means that he was convicted of a statute that included several different offense, some of the included offenses were aggravated felonies, while others were not.

Based on this research, I successfully challenged Immigration and Custom's Enforcements' allegation that my client had an aggravated felony conviction. This was a crucial victory because even though my client was still deportable, by eliminating the aggravated felony conviction, my client became eligible for relief in the form of cancellation of removal for certain lawful permanent residents.

Cancellation of removal is essentially a way of asking the Immigration Judge for a second chance. The standard is a balancing of the equities where the Immigration Judge weighs a range of factors including the severity of the applicant's criminal offense, the recency of the criminal record, the hardship imposed by a possible deportation, as well as any other positive or negative equities.

In support of my client's application for cancellation of removal, I prepared a detailed affidavit of his proposed testimony in Immigration Court. This gave my client an opportunity to tell his life story. Most importantly, he explained why he was unlikely to have problems with the law in the future. And, at the end of the deportation hearing, Boston Immigration Judge Steven Day granted the application for cancellation of removal, a hard won victory for my client.

If you or someone you know is facing deportation and needs and aggressive and effective attorney for representation in Boston Immigration Court, please call me. I'd be happy to review your case and help out outline a winning deportation defense strategy.

Boston Immigration Court News

Boston Immigration Court has announced the appointment of a new Immigration Judge. Steven Day, a retired Marine and former appellate attorney with the Office of Immigration Litigation, will be filling the vacancy created when Immigration Judge Francis Cramer retired. As with custom, Immigration Judge Steven Day will complete in-house training program at for immigration judges and then serve temporarily at Immigration Court in Newark, New Jersey. Immigration Judge Steven Day is expected to begin hearing deportation cases in Boston starting in April.

In another big personnel change, Immigration Judge Eliza Klein will be leaving Boston Immigration Court and has accepted a transfer to the Chicago Immigration Court. This is a transfer she had requested. She will arrive in that Immigration Court during July. So, with Judge Klein's departure, it remains to be seen who will fill this vacancy on the bench in Boston Immigration Court.

The Immigration Court in Boston will be closed on Monday (December 27, 2010) due to the snow emergency in Boston. Also, my immigration law office in Boston will be closed on Monday and Tuesday.

I'll send over more information on closings as soon as I receive them.  Meanwhile, stay warm and stay off the roads.

As a Boston-based immigration lawyer specializing in deportation defense, I'm well aware of the Boston Globe reported today here. The docket in Boston Immigration Court is overwhelmed with deportation cases.

So, based on this article, if you are in deportation proceedings, how long can you expect to wait before Boston Immigration Court processes your immigration case?  The answer depends on a number of factors.  People with no relief from removal or deportation tend to have their cases processed more quickly.  The long delays mostly impact people who have application for relief such as cancellation of removal, adjustment of status, or asylum.

To give you an example how these delays play out, in December of 2009, I appeared before an Immigration Court in Boston for a master calendar hearing. I turned in pleadings indicating that I was seeking relief from deportation in the form of cancellation of removal with an I-601 waiver for misrepresentation.  An Immigration Judge would likely need  three and a half hours for to conduct a full merits hearing.  The Immigration Judge scheduled another master calendar hearing in December of 2010, where I'm expected to appear and turn in my application for relief.  The Immigration Judge will then schedule an individual hearing, which is a trial date.  I expect that this hearing will be in mid-2012.

So for my client, the entire process of seeking relief from deportation in Boston Immigration Court will take more than 3 years.  This delay is more than a minor inconvenience. During this time, he is unable to travel outside the United States to see his ailing mother.

One ray of hope is that a new Immigration Judge will replace Boston Immigration Judge Cramer, who retired last summer.

Boston Deportation Defense Lawyer

As an immigration lawyer in Boston, I'm often asked if I know the phone number for Immigration in Boston, Massachusetts? If you have a pending green card application or citizenship cases and you live in the Boston, Massachusetts-area, surely U.S. Citizenship and Immigration Services has a local phone number that you could call to inquire as to the status of your immigration case, right?

But the answer is that no such number exists. USCIS has an 800 national number National Customer Service Center (NCSC) 1-800-375-5283. But I discourage my clients from calling this number because I've never been able to use it to resolve any problems or gain any useful information.

The best way to communicate with USCIS Boston District Office about a pending green card or citizenship application may be to make an INFOPASS appointment. Go in person to this appointment and you can ask questions about your immigration case. The officers and staff at USCIS Boston District Office can be miracle workers.

Not everyone should go in person to USCIS Boston District Office. If you are undocumented, out of status, or if you have a final order of deportation or removal, or if you have certain criminal convictions, then you are potentially deportable and could be subject to arrest by immigration authorities. So you should consult with an immigration lawyer before deciding to go in person to USCIS Boston immigration office.

Aside from USCIS INFOPASS, if you have a deportation case in Boston Immigration Court, you can call them at 617-565-3080. Or if you have a question about someone who has been arrested and detained by Immigration and Customs Enforcement or ICE in Burlington, Massachusetts, you can call ICE's  office at (781) 359-7500.

To summarize, USCIS Boston District Office has no phone number that the public can use to follow up on their immigration case. Instead, consider making an INFOPASS appointment. For deportation cases, call Boston Immigration Court or ICE in Burlington, MA.

If you need more help with your immigration case or for advice or guidance, please call or email me to set up a time to meet to discuss your situation.

Deportation Defense Boston Massachusetts

I will be hosting an upcoming brown bag lunch for immigration attorneys who are members of the New England Chapter of the American Immigration Lawyers Association (AILA). The topic will be deportation defense and Immigration Court practice. Before hosting this brown bag lunch, AILA lawyers will take a tour of Boston's Immigration Court with EOIR Court Administrator Robert Halpin. At the lunch, bring your questions about cases in Immigration Court.

I'll also be offering general tips on motions to reopen and advice on how to make sure that your cases conform with the new Immigration Court Practice Manual. Other topics will include cancellation of removal and I-601 immigration waivers.

If you have questions about deportation defense or how to handle a case in Boston Immigration Court, feel free to call me.

Boston deportation defense lawyer

In a recent immigration consultation, I faced the following situation:

A young man entered the United States on a visitor visa and then fell out of status after overstaying. His brother gained U.S. citizenship and then filed an immigrant visa petition, Form I-130, on his behalf. The young man suffered from serious health issues, which were covered by MassHealth. So, with these facts, the family asked me whether there was some way to expedite the process of getting a green card for the young man.

In my view, this young man will face at least three major issues when seeking a green card.

First, according to the Department of State's most recent Visa Bulletin, an immigration petition filed on behalf a brother or sister is not likely to become current for a long time--10 years or more! And in the meantime, this young man, as the beneficiary of this petition, couldn't obtain a work permit or social security card. Since he is out of status, he could be put in deportation proceedings. An Immigration Judge could order him to be deported and his pending visa petition wouldn't protect him from being deported. And, regardless of this person's medical condition or other compelling equities, I'm not aware of any way to expedite this sort of case. The time frame is what it is. You are bound by the cruel reality of the visa bulletin. In immigration law, as in many other areas of life, no short cuts exist.

Second, since this person is out of status, he has accrued unlawful presence. Therefore, even if he were properly admitted and inspected into the U.S., he would be inadmissible and, thus, wouldn't be able to obtain a green card within the U.S. One exception to this ground of inadmissibility would be for what is called 245(i) cases. But 245(i) requires that the visa petition be filed on or before April 30, 2001.

Third, once the priority date for this visa petition becomes current, since this person can't obtain a green card through adjustment of status, he would have to consular process, i.e, seek an immigrant visa at a U.S. consulate abroad. But if he were to leave the U.S., his unlawful presence would render him inadmissible and, therefore, result in the denial of his immigrant visa application. To cure the inadmissibility, he would need an immigration waiver, Form I-601. To qualify, he would have to have a U.S. citizen anchor relative and show that his U.S. citizen immediate relative would suffer "extreme hardship" if he weren't allowed to return back to the U.S.  Of course, successful waivers are challenging to prepare.

For more information about how to get a green card through a family member or if you need advice or guidance on other immigration issues, call me and set up a time to meet.

Deportation Defense Tips for Boston Immigration Court

Yesterday I went to Boston District Office of U.S. Citizenship and Immigration Services (USCIS) for a green card interview for an immigration client from Cuba who filed his I-485 so that he could get a green card under the Cuban Adjustment Act. Today, I'd like to share some insights I've gained into how to prepare an adjustment of status application under the Cuban Adjustment Act.

First, the basics: To get a green card under the Cuban Adjustment Act, you must show that:

• you are a Cuban national, the best evidence of which is valid Cuban passport;
  
• you were inspected and admitted or paroled into the U.S. after January 1, 1959; and
  
• you have been physically present in the U.S. for at least one year before apply for your green card.

To apply for a green card, you must submit an I-485, G-325A, 2 passport photos, Form I-693 medical report and proof of physical presence. And in addition to these required items, you must also submit:

• Form I-643, Health and Human Services Statistical Data Sheet. This form is available on the USCIS website; and
• A clearance from the local police jurisdiction for any area in the U.S. where you have lived for six months or longer since your 14th birthday.

These last two requirements aren't listed on the USCIS website. And you won't find these requirements in the I-485 instructions. You will only find them in the USCIS Field Adjudicators Manual, which is hidden on the USCIS website. You won't get your green card until you provide USCIS with all of these required items. And if you go to your adjustment of status interview without them, USCIS will issue an I-72, Request for Evidence, and the approval of your I-485 could be delayed, sometimes significantly.

One final tip: you can ONLY apply for adjustment of status under the Cuban Adjustment Act with USCIS. You can't file your I-485 in Immigration Court. And an Immigration Judge has no jurisdiction to grant this form of relief.

If you have more questions about the Cuban Adjustment Act or how to get a green card, please call me at 617-722-0005. As an immigration lawyer in Boston, I'd be happy to advise you on your immigration options.

Boston, MA Deportation Defense Attorney

As an immigration lawyer, I frequently meet with people who have entered the United States without a visa or without being inspected by an immigration officer at an airport or border. Such people have sneaked their way into the United States and now they seek a green card or some other legal status. We immigration lawyers refer to this class of people as EWIs (entry without inspection).  What immigration options are available to someone who has no proof of being properly admitted and inspected upon entry into the U.S.?

One common path to permanent residency status is through marriage to a U.S. citizen. But U.S. immigration laws only allow someone to get a green card or become a permanent resident through adjustment of status if they can prove that they entered the U.S. with a valid visa. Proof of entry requires an I-94 record of entry, which is why this little piece of paper might be the most important document for your green card case.

If you haven't entered the U.S. with a visa and with inspection by an immigration officer, and are not required to appear in Immigration Court before an Immigration Judge, your immigration options are mostly limited to:

245(i): you can get a green card through marriage, a family member or through employment even if you entered without inspection, overstayed your status or worked without authorization, if you can take advantage of 245(i), which requires you to have been the beneficiary of an approvable labor certification or visa petition (I-130, I-140, I-360, I-526), which was filed on or before April 30, 2001 and were physically present in the U.S. on December 21, 2000. USCIS requires a fee of $1,000.

TPS: Temporary Protective Status is available for people who entered the U.S. without inspection. Although TPS is not a green card and doesn't lead to permanent residency status, those with TPS are eligible for employment authorization, work permits, and may not be deported. TPS is only available for certain nationals of Haiti, El Salvador, Nicaragua, Somalia, Sudan and certain other countries designated by the Department of Homeland Security.

VAWA: The Violence Against Women Act or VAWA provides a path to a green card for victim of an abusive U.S. citizen or lawful permanent resident parent or spouse even if they entered the U.S. without inspection or parole.

Asylum, Withholding of Removal, and Convention Against Torture: these persecution-based forms of immigration relief are for people who are afraid to return to their country of origin. Proof of proper entry and inspection isn't required.

Cancellation of Removal for Non-lawful Permanent Residents:  You can obtain a green card by applying for cancellation of removal in Immigration Court before an immigration Judge if you have been continuously present in the U.S. for 10 years, can demonstrate good moral character, and can show that your deportation would cause "exceptional and extremely unusual" hardship to a U.S. citizen or lawful permanent resident spouse, child or parent.

Other immigration options may exist for those who have entered without inspection.  If you would like to find out more information about these and other options, feel free to call me in my Boston immigration law office at 617-722-0005.  I'd be happy to meet with you and evaluate your options.

Boston Deportation Defense Attorney

Can you be deported for a nolle prosequi criminal disposition?

As an immigration lawyer based in Boston, Massachusetts with expertise in deportation defense in Immigration Court, I often meet with immigrants who are  confused as to the immigration consequences of their criminal dispositions. One of the frequent questions I get is related to a nolle prosequi disposition.

Immigration laws take a unique view of the definition of conviction.  Consequently, U.S. Citizenship and Immigration Services (USCIS) or an Immigration Judge might consider your criminal case to be a conviction even though, when you went to District Court, the judge told you that your criminal case would be dismissed.

What is a nolle prosequi disposition under Massachusetts criminal law

Under Massachusetts Criminal Procedure, a prosecuting lawyer may request a nolle prosequi disposition at any time before sentencing. If granted, the nolle prosequi disposition means that criminal charges are, in effect, dropped or dismissed.

Why nolle prosequi is not considered a conviction for immigration purposes

A Massachusetts nolle prosequi disposition is not a conviction for immigration purpose because in order for a disposition to be considered a conviction, it must contain both (1) a finding of guilt, a plea of guilt of the equivalent; and (2) a penalty, punishment or restraint on liberty. With nolle prosequi, no sentence is imposed and so it is a criminal disposition that wouldn't be classified as a conviction under US immigration law.

A nolle prosequi disposition must be disclosed on all immigration and visa applications even though it isn't a conviction

It is important to remember that even though a nolle prosequi disposition is not viewed as a conviction for immigration purposes, you must still disclose this disposition on all I-485, N-400 and other immigration applications, as well as on all visa applications. 

Many immigrants mistakenly believe that because their criminal case was dismissed that it is "off their record, " and they have no duty to disclose it.  But this is not so.  Again, you absolutely MUST disclose all criminal matters regardless of whether a conviction occurred.  But by disclosing that you have a dismissed criminal case, you certainly aren't admitting that you did something wrong.  You are just providing an accurate and honest answer to questions on an immigration application.  

After disclosing your nolle prosequi disposition, you have one last requirement:  And you must provide USCIS or the U.S. Consulate with a court-certified, final criminal disposition to show that the case was indeed resolved with a nolle prosequi entry.

I hope this clarifies the meaning of a nolle prosequi disposition for immigration applicants.  If you need further help or representation by an immigration lawyer based in Boston with expertise on deportation and immigration consequences of criminal matters, please call me at 617-722-0005. 

Boston Deportation Lawyer

Immigration and deportation defense lawyers now have a way to find the location of persons detained by U.S. Immigration and Customs Enforcement by using ICE's new online detention locator system.  If this online tool actually works as intended, this is an extremely useful development, which is long overdue. 

Until now, the location of a ICE immigration detainee was a mystery to everyone--even immigration lawyers.  After being arrested and detained by U.S. Immigration and Customs Enforcement or ICE Office of Detention and Removal, the detained immigrant would be placed into a jail, the location of which remained unknown.  Tracking down a detained immigrant involved guesswork and intuition.  The only way I knew to find someone detained by ICE was simply by calling around to the records departments for South Bay (Suffolk County House of Correction), Bristol, Plymouth and the other immigration detention facilities in the Boston area.  So let's hope and pray that this online system works as planned.

Meanwhile, if you have a friend or family member who has been arrested by Immigration, please contact me.  I'd been happy to help you win their release on an immigration bond and to come up with a strategy to help them solve their immigration problem.

Boston Immigration Lawyer News

Immigration Judge Francis L. Cramer has announced his retirement from Boston Immigration Court.  As an immigration lawyer who appeared frequently before Immigration Judge Cramer, I can say that he will be sorely missed.  He had a reputation for deciding deportation cases fairly and impartially.  And he always treated the immigration lawyers and parties with great respect, at times, a lighthearted humor.  His departure leaves a vacancy in the Boston Immigration Court bench that will be hard to fill.

As an Boston immigration lawyer and expert on the marriage-based green card process, I was quoted in today's Boston Globe article discussing marriage fraud and earlier in a Boston Herald article.  I also appeared on The Boston Channel, WCVB Channel 5 news discussing deportation and sham marriages.  You can watch the news video here.  And you can read my blog on marriage fraud and green cards here.

The Boston Globe article looks at the immigration problems of 3 Pakistanis whom the Department of Homeland Security has detained in connection with the Times Square bombing.  According to media reports, they are facing the prospect of deportation or removal from the United States and are appearing in Boston Immigration Court before Immigration Judge Robin Feder.  Each are married to U.S. citizens.  But attorneys from Immigration and Customs Enforcement allege that the marriages are fraudulent. 

Can you avoid deportation by marrying a U.S. citizen?  The answer is yes . . . and no.  Let me explain.

First, if you get married after the government has initiated deportation proceedings, you will have to overcome the presumption that your marriage is sham and that the only reason you got married was to avoid being deported.  Before you can even apply for your green card, you'll have to prove by "clear and convincing" evidence that your relationship was entered into in good faith.

Many people get green cards through marriage.  But the process for getting a green card through marriage while facing deportation is totally different.  You'll have to file a stand-only I-130 visa petition and specifically request, IN WRITING, an exemption based on a good-faith marriage.  And you can file your I-485 if, and only if, U.S. Citizenship and Immigration Services (USCIS) approves your I-130. 

Finally, even if USCIS grants your I-130, you are not out of the woods.  You'll have to have an adjustment of status interview before an Immigration Judge who will independently review whether your relationship is a sham.  This hearing will be adversarial and the Department of Homeland Security is represented by experienced trial attorneys who will rip you to shreds on cross-examination if your marriage is sham.

USCIS doesn't take marriage fraud lightly.  If caught, you'll be barred from future visa petitions and face criminal fines of up to $250,000 and five years imprisonment.

Bottom-line:  if you are required to appear in Immigration Court and considering marriage as a way to avoid deportation, you should consult with an immigration lawyer with considerable experience in courtroom advocacy.  Call me at 617-722-0005 to discuss your immigration case.

As an immigration lawyer in Boston, this case must be one of my most unusual. I appeared on Boston's Channel 5 news in connection with a bizarre incident that happened to one of my former clients. Click on this link here to read the story and watch the video.

Sure the story is strange.  But my former immigration client--who I helped get U.S. citizenship--did the right thing.  He remained calm.  And he called 9-11.  Fortunately, surveillance cameras captured everything.

All in all, I was happy to step in and help my former immigration client.

Deportation Defense Tips for Boston Immigration Court

As a deportation defense lawyer who frequently appears in Immigration Court in Boston, here are some tips that should improve your experience at your immigration hearing:

1. Attend all hearing in Immigration Court (and all other courts). If you don't go to Immigration Court for your hearing, the Immigration Judge will give you an order of removal or deportation "in absentia" and a warrant will be issued for your arrest.
   
   
2. Arrive one hour before the time of your scheduled hearing. In Boston Immigration Court, for all master calendar hearings, a sign-in sheet is placed in the waiting room. I tell my immigration clients to arrive and sign in one hour before the scheduled time of the hearing. The sooner you sign in, the sooner your immigration case will be heard by the Immigration Judge. Plus, showing up early helps ensure that you will be in Immigration Court on time. Be careful: if you are late for your immigration hearing, you could be given an order of removal or deportation.
   
   
3. Dress appropriately. Boston Immigration Court is a serious place and you want to show the Immigration Judge and the Trial Attorney that you take the proceedings seriously. Don't wear a hat inside the courtroom. Take off your jacket. Wear what you would wear to a job interview or to a wedding. Inappropriate attire includes t-shirts with questionable slogans, spandex, stiletto heels, mini skirts, do-rags, shorts--you get the idea.
   
   
4. Be respectful to the Immigration Judge and to the Trial Attorney.  Maintain a calm, polite demeanor in Immigration Court--even if things don't go your way.  Think of it this way:  deportation is bad but deportation plus being arrested and held in contempt of court is worse.
   
   
5. Do NOT bring small children to Boston Immigration Court in the hopes that it will make the Immigration Judge more sympathetic to your immigration case. Keep in mind that hearings in Immigration Court take a long time and often require lots of waiting around. Combine the boredom of waiting with the stress of the immigration hearing and you have a not-so-great environment for young children.
   
   
6. Make sure the Immigration Court has your correct address on file If you change your address, notify the Immigration Judge immediately by filing Form EOIR-33 with the appropriate proof of service.
   
   
7. Turn off your cellphone in Boston Immigration Court. Off means completely off. Don't send text messages or put your cellphone on the vibrate or silent mode.
   
   
8. If you case is based on a pending I-130 immigrant petition based on marriage to a U.S. citizen, make sure that your U.S. citizen spouse comes with you to Immigration Court for all of your master calendar hearings.
   
   
9. Do not bring a non-lawyer to Immigration Court to speak on your behalf.  In Immigration Court in Boston at master calendar hearings, I sometimes see people attempt to have their U.S. citizen spouse or family member speak on their behalf.  The Immigration Judge will not permit this.  Only lawyers licensed to practice law in the United States are authorized to appear in Immigration Court as your representative.
   
   
10. Hire the best immigration attorney you can find. In Boston Immigration Court, the Department of Homeland Security will be seeking to deport you from the US. This immigration agency will be represented by lawyers who handle countless deportation cases each week. Unlike criminal proceedings, federal immigration laws don't provide you with the right to a free lawyer. But you do have the right to be represented at your own expense by the lawyer of your choosing. In Immigration Court, you are not required to be represented by an attorney. But, in my experience, I have rarely seen anyone successful represent himself or herself in Immigration Court. You need a lawyer with substantial experience in complicated immigration issues and deportation proceedings, preferably an attorney who practices immigration law exclusively. Meet with an immigration lawyer well before your hearing to come up with a strategy to protect you from deportation.

If you have questions about Immigration Court, please call my Boston immigration law firm at 617-722-0005.  We are ready to help you come up with a strategy to help protect you from deportation.