Atty. Robert Dupont

What you should know about detention and deportation

Monday, 12 October 2009 19:37 Robert J. DuPont

THE Department of Homeland Security reports a significant increase in detentions, execution of existing deportation orders and placing of people in removal proceedings. (Deportation in Immigration Court) The number of persons detained and placed into proceedings has risen from 200,000 annually in 2007 approximately 300,000 detention and removal cases in 2008 and appears to have increased for 2009 again.

This dramatic increase in detentions puts enormous strain on the Department of Homeland Security and in particular the department of Immigration Customs and Enforcement or "ICE". Immigration attorneys report that persons who are detained in the Los Angeles or Orange County areas are being detained in a number of far flung facilities, some as far away as New Mexico and El Paso, Texas. Normally where a bond hearing might take place at office in Downtown Los Angeles or Lancaster now see detentions taking place in Eloy, Arizona or El Paso, Texas for the simple reason that DHS is running out of beds in local facilities. It is estimated that DHS is housing 32,000 detainees on a daily basis.

Determining whether you or your child has ‘aged out’

Sunday, 13 September 2009 18:10 Robert J. DuPont

(1 vote, average: 5.00 out of 5)

ONE of the most difficult areas of immigration law to understand is the concept of a child who "ages out" or reaches an age at which they are no longer eligible for an immigrant visa or other benefit. The Child Status Protection Act ("CSPA") was a landmark statute passed by Congress in August of 2002 which prevented children from aging out of eligibility for immigration visas or other benefits in certain cases. USCIS and the Department of State have yet to issue comprehensive regulations in part because persons age out from so many different immigration benefits. Instead immigration attorneys have had to track actual decisions of USCIS and Consular officers, Memoranda issued by ranking officials within USCIS and Department of State "Cables".

Children of US Citizens and Legal Permanent Residents:

CSPA freezes the age of a child under age 21 at the time that a US Citizen parent filed an immigrant visa petition, or in the case of a parent who becomes a US Citizen freezes the child’s age at the time the parent is naturalized.

The lessons of LABAN: How to fight for your immigration benefits

Monday, 10 August 2009 04:16 Robert J. DuPont

(1 vote, average: 5.00 out of 5)

THIS week has been one to reflect on the life and accomplishments of Corazon Aquino, 11th president of the Republic of the Philippines and known worldwide as a champion of developing democracies. The struggle of her husband "Ninoy" and Corazon Aquino have been punctuated with health issues, assassination and during her Presidency, multiple coup attempts.

Nevertheless Ms. Aquino’s commitment to her country did not waver and her fighting spirit and political movement found great meaning in the word "Laban". In that same vein, many immigrants also face great challenges from the US Government and must learn to fight for their right to enter or remain in the United States.

The War Veteran’s benefit

Sunday, 12 July 2009 23:01 Robert J. DuPont

ONE of the most important contributions of World War II was the commitment, bravery and assistance provided to the US Armed forces by Philippino fighters, whether they had been enlisted directly in the US Armed Forces, fighting members of the Philippine Scouts, and organized military forces of the Commonwealth of the Philippines. General McArthur and other US Officers praised the bravery and dedication of Philippine soldiers including the role of Igorot soldiers in the Battle for Bataan.

Finally the US Government has officially recognized this sacrifice and aid to US forces with the passing of the Filipino Veterans Equity Compensation act promising payment of $15,000 to war veterans who are now US citizens and $9,000 to non-US Citizens. This benefit will be provided to those who can establish that before July 1, 1946 they served in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States. The US will also recognize members of the organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States and Persons who served in the Philippine Scouts under Section 14 of the Armed Forces Voluntary Recruitment Act of 1945.

Five keys to success for ‘601’ waivers

Friday, 05 June 2009 22:18 Robert J. DuPont

(1 vote, average: 5.00 out of 5)

THERE is an old saying amongst attorneys: "Anyone can win the easy cases; it’s winning the hard cases that counts." Many of our clients come to us with difficult cases that involve alleged violation(s) of the Immigration and Nationality Act. More often than not, these clients were told at their adjustment of status interviews by the Immigration Officer that they required a "601 Waiver". In the past two weeks, we have received multiple approvals of these difficult-to-win cases. For our purported competitors, but more importantly, for our friends in the Filipino community, here’s the keys to success.

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