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Tips for Self Representing

9/20/2016

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​TIPS FOR SELF REPRESENTATION
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Following up on my previous post, I thought I'd provide some free advice for those who are planning on tackling the immigration process themselves:

1. Never pay for any immigration forms
All immigration forms come with instructions and are easily downloaded, typed into, then printed and submitted. Visit www.uscis.gov to find the forms you need. You will want to save the form to your computer BEFORE you begin filling it out. Don't forget to save the document again after you've filled it out. Then print for submission. (Yes, you can also fill the forms out by hand, too.)

2. Never send originals
Aside from the actual signed immigration forms (i.e., I-130, I-485...) and sealed medical exams, never send your original documents! Aside from the very real possibility that the document gets lost, there is the additional possibility that it will get scanned, marked, and hole punched. It may very difficult to request originals back. I had a client who submitted her passport to immigration. It took her nearly two years for her to get it back.

3. Double check the filing fee and filing address
Filing fees and filing addresses may change frequently! Do yourself the favor of reviewing the fees to make sure you have included the proper amount and you have correctly addressed the payment. If you are sending a money order, don't forget to sign it!

Usually there are TWO filing addresses for each application packet. Make sure that you use the correct address based on your method of mailing. If you are planning on heading to the post office (and do not plan to send your application via Express mail) you use one address. If you are sending via courier service (UPS or FedEx) you would use another address.

4. Schedule a consultation with an experienced immigration attorney
A consultation is when the attorney talks to you about your specific situation, whether you are eligible for a benefit, how you can apply for a benefit, and how long the process is expected to take. This is when you should ask all the specific questions that confused you during steps 1-3.
Depending on the attorney, they may also be willing to review the forms you've already put together. I won't check over your forms to see if you spelled your own name and address correctly, but I will look over your forms to see if you are completely missing a section or an important form.

5. Make a Copy
Always remember to make a copy of EVERY document you submit before you mail your application. This will help you to remember exactly what you submitted and prepare for your interview. If you have a need to consult with an attorney later, you will not lose valuable time trying to request a copy of the documents from Immigration. (FOIAs are currently taking approximately 5 months to process!) Also, if Immigration sends you a request for something you've already sent in, (Yes, this happens with some level of frequency.) you will not have to scramble to obtain a duplicate copy.

5. Don't Fret
If you forget to include something, Immigration will almost always send you a Request for Evidence telling you exactly what you failed to include and how to include it. If you want to speak to a live Immigration Officer, you can schedule an INFOPASS appointment at your local U.S. Citizenship & Immigration Services (USCIS) office.

6. Be Prepared to Wait
A look at case processing times will give you an idea of when you should expect an answer on your case. Know that these times vary from office to office and case to case. If you have a complicated case, it may take longer to review your case. Be consistent in checking the progress of your case online, but also remember to be patient.

HAPPY IMMIGRATING!

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Don't Need a Lawyer? You May Be Right.

9/18/2016

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DON'T NEED A LAWYER? YOU MAY BE RIGHT.
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In this day and age, there is so much information available online. From official websites such as www.uscis.gov to legal self-help sites like www.nolo.com. So why pay hundreds or thousands of dollars for an attorney? I agree!

During consults with potential clients, I will occasionally meet a couple who brings a neat stack of pre-filled immigration forms and supporting evidence. They ask me to represent them in their one-step (family petitioning and adjustment of status) process. As I review the documents, I find a few minor errors, but find that the application as a whole is nearly 95% ready to mail. I point out the couple's errors, then tell them, "You can hire me to submit this for you, but frankly, I think you can do it yourself."

While I don't want to turn away business, I have an obligation to you to advise  you on what is best for you. If that means that I must tell you that you're wasting your money on hiring an attorney to represent you, then so be it.

The folks I usually recommend to "do it yourself" usually share the following characteristics:
  • The applicant has never committed any crimes or immigration violations.
  • The applicant is not in a rush to file
  • The applicant is very organized and methodical in his/her work
  • The applicant is SO careful and detailed, that they seek help on even small things
 
Then there are the folks who come into the consultation just to double check and are told that they should not file their application without an attorney:
  • The applicant has had negative contacts with law enforcement (regardless of whether it was a juvenile delinquency issue, or if the case has been "cleared")
  • The applicant that has overstayed in the U.S. or has entered without lawful status before
  • The applicant has little to no evidence of his/her claims
  • The applicant who has had travelled in and out of the U.S. frequently
  • The applicant who have had many petitions filed for him/her
  • The applicant whose identification documents don't match (two different names)
  • The applicant who has been issued a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) 
 
While you may not need a lawyer, it is always in your best interest to have a consultation. Immigration filing fees have increased significantly over the last few years. For a $100, you can rest knowing that you are eligible, filed the right petition, to the right place, and are on your way to obtaining the benefit you seek.

On more than one occasion, I have met the proud parents of a U.S. citizen, who can not understand why their application for  a green card was denied. Within minutes, I was able to determine why they were ineligible. I spent the rest of the time during the consult explaining why they were ineligible, and brainstorming alternative options for them.

Whether you choose to self-represent or hire an attorney after the consult is entirely up to you. Just don't flush thousands of dollars and months of your life applying for something you were never eligible for in the first place.
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Volunteering at Dilley, Texas

9/9/2016

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At the end of August, our legal assistant, Karina, travelled to Dilley, Texas to volunteer for a week at the family detention center. Read about her experience serving the detained below:
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At the gate of the house where CARA Staff work. Dilley, Texas.

Author

Karina Perez Gonzalez is a Legal Assistant at Le Immigration Law, LLC.

Two weeks ago, I had the opportunity to volunteer with the CARA Pro Bono Project in Dilley, Texas where women and children fleeing from violence are being detained. Volunteers from all over the country travel to Texas to help the women and children receive free legal representation since they are not guaranteed the right to legal counsel. These women who come to the United States seeking asylum are not criminals and have not violated any crimes. In fact, United States has a legal obligation to provide protection to refugees and asylees.

 
Most of the women, who were detained, arrived from El Salvador, Honduras and Guatemala, with a few exceptions of Romania and Mexico. These women and children are victims of physical and sexual abuse, extortion, abduction, trafficking and other serious crimes. Many are only given a 24-hour notice to leave the country. They take what they can carry and leave that same night. Without money, they must stop in several cities throughout Mexico and beg for money or work, making them vulnerable to sexual abuse. Their journey can take weeks or months.
These women and children are victims of physical and sexual abuse, extortion, abduction, trafficking and other serious crimes.
[F]or these women, the risks of detention are outweighed by the risks of staying behind where they will almost certainly be killed.
One detained women left her home country in 2014 and finally arrived on August 2016. She was kidnapped in Mexico for months with her baby. Yet, for these women, the risks of detention are outweighed by the risks of staying behind where they will almost certainly be killed. One women said she would rather die on the border than return to her country. Another mother said she would be willing to return to her home country to her death sentence as long as her daughter reunites with her father in the United States. This shows the love of a mother that would do anything to save her children’s life.
Once they arrive to the United States, border officials are telling women they are criminals and liars. Because detention centers must meet a certain number of quotas, many women and children are detained while few are released to their families in the United States. The women and children who are detained are sent to the “Ice Box”, “Kennel” or both. These are the nicknames given by the women.

The “Ice Box” has small rooms with no beds and freezing temperatures. Any jacket or warm clothing they brought will be taken away. The “Kennel” is a large gated area with no beds. Women and children sleep on the floor and share one gallon of water. They are fed white bread and water twice a day. Some women stay there for several days until they are transferred to Dilley, Texas. Compared to the “Ice Box” and “Kennel”, the women and children prefer the detention center. They can shower for the first time and receive basic medical attention. At the detention center, the women meet the CARA Pro Bono staff and volunteers. For many, this is the first time they feel welcomed.
Women and children sleep on the floor and share one gallon of water. They are fed white bread and water twice a day.
We all shared one goal: to release as many women and children from the detention center.
As a volunteer, my day started by going through security and getting ready for the first intake presentation. I wasn't allowed to bring my phone, or even my toothpaste into the facility. I assume this is to make it seem like the women and children are dangerous. The first intake presentation started at 8 am. Each day, 60-80 newly detained women would gather for our presentation. We explained who we were, why they were detained and the asylum process. The second group were for the women with credible fear interviews scheduled. The women would gather in a circle and I would give a presentation on what type of questions they should expect and encourage them to share as much detail as possible. Those who speak an indigenous language, listen to a recording in their native language. These recordings were made by previously detained women who wanted to pass on the knowledge of the immigration process in their native languages.
 
After the group presentation, we would provide individual mock hearings for the women. Each woman was paired with a volunteer in a closed room so the women would feel comfortable sharing their story. It was difficult for them to share their past because they try to avoid reliving the traumatic experiences of assault, rape, and domestic violence. My goal was to empower these women to share their stories with the immigration officials without feeling ashamed of their past or their decision to provide a better life for their children. Each of these mock interviews would last about 30 minutes and were emotionally exhausting.  At times, the whole experience felt surreal- why were we spending valuable tax dollars to detain these helpless women and children?
 
Our work with the women would end at 8 pm, but some days we would stay for mandatory staff meetings. Even when there were no meetings, we would gather as a group for a late dinner.   All the volunteers and staff I worked with were amazing and had such big hearts.  We all shared one goal: to release as many women and children from the detention center.
 
If you interested in volunteering, you don’t have to be an attorney or speak Spanish. You can also help the project by donating money and supplies at http://caraprobono.org/. You can also help by bringing social awareness to family detention- there are a group of women in the Berks Detention Center who have been detained for more than a year now.

Above all, let’s work together to END FAMILY DETENTION.

Karina Perez-Gonzalez, September 2016
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Evening and Weekend Hours

9/8/2016

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EVENING AND WEEKEND HOURS AVAILABLE

For a limited time, Le Immigration Law, LLC will provide evening and weekend hours. To schedule an appointment during these special hours, please call our firm at 503-517-0054 or email us at info@leimmigrationlaw.com!
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    Author

    Kim Le is an immigration attorney from Portland, Oregon. She is the owner of Le Immigration Law, LLC.

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Source Law
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Happy Valley, OR 97086
Telephone: 503-517-0054
​Fax: 503-462-7955

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Photos used under Creative Commons from free pictures of money, kleuske