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New York Immigration & Naturalization Law Blog

A Long Path to a Green Card

Mr. Acosta came to Youman, Madeo & Fasano in March 2015 after hearing about our firm from our television show. Mr. Acosta had already been in removal proceedings for nearly ten years when he came to YMF and had prior counsel who had handled his case, but he was looking for a change. He had been living in the United States since 2000 when, in 2006, the government of Peru contacted Interpol and the Department of State and Mr. Acosta was arrested and placed in removal proceedings based on an accusation that he had committed genocide in Peru. He initially had a hearing on an asylum claim in 2008, but then the case switched course to adjustment of status through an approved marriage petition from his U.S. citizen wife. Because of the alleged charges against him, neither the Immigration Judge nor the Department of Homeland Security would agree to remand the adjustment adjudication to USCIS. Mr. Acosta met with Partner Raymond Fasano, to discuss his situation; Associate Attorney Christina Xenides was then assigned to work on the case.

A Long Path to a Green Card

Mr. Acosta came to Youman, Madeo & Fasano in March 2015 after hearing about our firm from our television show. Mr. Acosta had already been in removal proceedings for nearly ten years when he came to YMF and had prior counsel who had handled his case, but he was looking for a change. He had been living in the United States since 2000 when, in 2006, the government of Peru contacted Interpol and the Department of State and Mr. Acosta was arrested and placed in removal proceedings based on an accusation that he had committed genocide in Peru. He initially had a hearing on an asylum claim in 2008, but then the case switched course to adjustment of status through an approved marriage petition from his U.S. citizen wife. Because of the alleged charges against him, neither the Immigration Judge nor the Department of Homeland Security would agree to remand the adjustment adjudication to USCIS. Mr. Acosta met with Partner Raymond Fasano, to discuss his situation; Associate Attorney Christina Xenides was then assigned to work on the case.

Post-Election Immigration Policy Advocacy Efforts Begin at YMF

During the week before the presidential inauguration in January 2017, Monica E. Ahmad-Yee, who is the Managing Associate Attorney of the Jackson Heights, Queens office of YMF and the YMF Immigration Policy Advocacy Coordinator, submitted letters to numerous federal officials in support of the continued existence of Deferred Action for Childhood Arrivals (DACA). DACA is a program implemented under an order of the former U.S. Secretary of Homeland Security in 2012 allowing work authorization for certain individuals who entered the U.S. as minors. The correspondence was sent to U.S. Secretary of Homeland Security General John Kelly, U.S. Senate Minority Leader Charles Schumer, U.S. Democratic Whip Senator Dick Durbin, the Congressional Hispanic Caucus, and U.S. Representative Adriano Espaillat-the first person elected to Congress who was once undocumented. The correspondence highlighted the positive effects of DACA in the fields of real estate and architecture as the incoming administration considers whether to allow DACA to persist. DACA helps the U.S. to retain talent that promotes financial growth in the fields of real estate and architecture, areas in which President-elect Trump has shown a clear interest for decades. The purpose of the correspondence to various parties was to ensure that if it did not reach General Kelly directly, it could at least perhaps be forwarded to him or others close to him by Democratic elected officials who have demonstrated a commitment to immigrants' rights.

AILA Waivers Conference

AILA 2016 WAIVERS CONFERENCE by Melissa Dominguez and Rebecca Rook

On August 26, 2016 we had the opportunity to attend the American Immigration Lawyers Association (AILA) Conference on Waivers which took place in Chicago, Illinois. The Conference brought together Immigration Attorneys from all over the United States to discuss and gain knowledge on a variety of topics. It was all together a very educational and successful day in which we had the opportunity to meet attorneys from varying jurisdictions and honor YMF's commitment to always continue learning and keeping up with the latest trends in Immigration Law.

It's about time we received some good news on Immigration!! The Final Rule for the Expanded Provisional Waiver !!

If feels like 2016 has been a bit of a rollercoaster for those of us in favor of sensible immigration reform. The anticipation for DAPA/Expanded DACA led us through the highs and lows of Federal Court litigation and culminated with last month's disappointing decision from the Supreme Court. However, while the media focus and political debate centered on this litigation, some of us were holding our breath on what potentially is a bigger opportunity for the undocumented - - the Expansion of the Provisional Waiver for Unlawful Presence.

THOUGHTS AND TAKEAWAYS FROM THE 19TH ANNUAL FEDERAL BAR ASSOCIATION: IMMIGRATION LAW CONFERENCE

Last week, I had the opportunity to attend the 19th Annual Immigration Law Conference hosted by the Federal Bar Association for the first time. This year's conference took place in New Orleans, Louisiana. Upon my arrival at the conference, which was held at the New Orleans Marriott, I immediately noticed the feeling of collective interest among the participants, all of whom were eager to share and contribute knowledge in the field of immigration law. Top practitioners from all over the country participated in the various events, including members of the private bar, distinguished judges and government employees from different agencies such as the U.S. Department of State, the Department of Justice, and the Department of Homeland Security, speaking candidly about key issues relating to their areas of expertise.

H. Raymond Fasano presents panel on Cancellation of Removal with Immigration Judge and DHS Assistant Chief Counsel in New Orleans

I had the distinction and honor of presenting a panel entitled Cancellation of Removal: permanent resident and non-permanent resident at the 19th Annual Federal Bar Association Immigration Law Conference. My fellow panelists included Hon. Denise Slavin, EOIR Immigration Judge Baltimore, MD, Charlotte Marquez Assistant Chief Counsel, DHS New Orleans, LA and private attorney Rosie Milano. Ms. Milano did a masterful job moderating this panel.

Enjoying a client's reunification with her family back home after her 30 year struggle to obtain lawful status

Today's post is dedicated to our client "Bertha." Bertha is a prototypical immigration client.

Bertha falls victim to a notario scam:

Bertha entered the U.S. without inspection 30 years ago. As is typical in the vulnerable immigration community Bertha fell victim to the predatory practices of a Notario. A Notario is an individual that is usually from the same ethnic or cultural background of the victims they scam to provide legal services without a license. This is known as the unauthorized practice of law. Notarios are known to make false promises of green cards and scam their victims to pay exorbitant fees for unfulfilled promises of lawful status. Bertha paid a Notario that she unfortunately trusted to help with her immigration status.

Perseverance.

It is often said that you learn more from losing than from winning. While that might be so, I would suggest that we learn even more from taking a loss and finding a way to turn it into a win. This is the lesson of perseverance. Having practiced law for over 22 years, I have become well versed in losing - - especially when it comes to Immigration law. Very often the facts of our cases, the law at issue or the adjudicators we appear before conspire to ensure we do not taste victory. At times, this can very much wear on the psyche and it makes one question whether all the effort, all the hours and all the sacrifices are really worth it. This is why two recent cases we had at Youman, Madeo & Fasano, LLP., felt so reinvigorating. They were prime examples of the power of perseverance.

All of our Attorneys are active members of the American Immigration Lawyers Association

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