Atty. Robert Reeves

Protecting your green card

Saturday, 21 February 2009 03:18 Atty. Robert Reeves & Delia Franco

The beloved green card has arrived after a long and arduous struggle. The lawful permanent resident can remain in that status or wait the requisite time period and apply for United States citizenship. However, if the legal permanent resident does not meet certain responsibilities or violates particular obligations required by the immigration laws of the United States, one can be denied naturalization or, worse yet, be placed in removal proceedings.

A mistaken belief is that one can travel for long periods of time with a green card as long as the stay does not exceed more than one year. But the law in this area is much more complex.

Prepare those H-1Bs now

Saturday, 14 February 2009 02:10 Atty. Robert Reeves & Joseph I. Elias

Once again, the immigration community is bracing itself for a historical and unprecedented exhaustion of the H-1B cap. Employers can petition H-1B workers for the October 1, 2009 start date beginning April 1, 2009. Last year, due to excessive demand, the United States Citizenship and Immigration Services (USCIS) only accepted H-1B petitions for the first five business days of April. We can expect the same for this year. Until Congress acts to increase the quota, employers and H-1B workers will have to scramble for the visa numbers as soon as they become available.

The filing date is fast approaching, and once again, the quota is expected to be reached in the first week of availability. H-1B petition preparation should be nearing its final stages. Those people looking for petitioners should intensify their job search right now to ensure sufficient time for an H-1B petition to be prepared for filing within the first week of April.

Ninth Circuit upholds immigration relief for first-time drug offenders

Wednesday, 11 February 2009 05:39 Atty. Robert Reeves & Jeremiah Johnson

Although most people know that there are severe immigrat ion consequences for serious drug violations, many would be surprised to know that even the relatively minor use of illicit drugs can destroy one’s eligibility for many immigration benefits. Lawful permanent residents who are convicted of violating any law pertaining to controlled substances, other than a single offense of possession of 30 grams or less of marijuana, are deportable. Moreover, a single drug conviction may make an alien ineligible to receive a visa or apply for relief from deportation. However, under the Federal First Offender Act ("FFOA"), it is possible that certain individuals who have one, and only one, conviction for drug possession other than marijuana will also be able to stay in the United States with their friends and family. Although the Immigration Service has tried to chip away at this form of relief, the Ninth Circuit Court of Appeals recently published a decision, Ramirez-Altamirano v. Mukasey, upholding this significant form of immigration relief for first time drug offenders.

Ninth Circuit upholds immigration relief for first-time drug offenders

Saturday, 07 February 2009 01:36 Atty. Robert Reeves & Jeremiah Johnson

Although most people know that there are severe immigration consequences for serious drug violations, many would be surprised to know that even the relatively minor use of illicit drugs can destroy one’s eligibility for many immigration benefits. Lawful permanent residents who are convicted of violating any law pertaining to controlled substances, other than a single offense of possession of 30 grams or less of marijuana, are deportable. Moreover, a single drug conviction may make an alien ineligible to receive a visa or apply for relief from deportation. However, under the Federal First Offender Act ("FFOA"), it is possible that certain individuals who have one, and only one, conviction for drug possession other than marijuana will also be able to stay in the United States with their friends and family. Although the Immigration Service has tried to chip away at this form of relief, the Ninth Circuit Court of Appeals recently published a decision, Ramirez-Altamirano v. Mukasey, upholding this significant form of immigration relief for first-time drug offenders.

‘Obama administration moves to ease access to federal records’

Monday, 02 February 2009 21:45 Atty. Robert Reeves & Jeff L. Khurgel

THe Obama Adminis-tration wasted no time in assuming its executive role as the leader of the United States. In President Obama’s first week in office, he suspended pending Bush administration federal regulations, attended numerous briefing regarding both foreign and domestic concerns, and—in an action which may be beneficial to many people hoping to immigrate to the US—issued a directive to federal agencies which will ease the ability of individuals to obtain their federal records.

The method by which an individual obtains their federal records is by submitting a request for information under the Freedom of Information Act (FOIA). The FOIA was passed by Congress in 1966 to establish the public’s right to see records and to ease access to those records. An individual is eligible to request their federal records regardless of immigration status. The legislation was passed in the spirit of openness and transparency; the theory being that people should be able to know what their government is doing.

Napolitano confirmed as Head of DHS

Saturday, 24 January 2009 05:44 Atty. Robert Reeves & NAncy Miller

Janet Napolitano was swiftly and easily confirmed as the new Secretary of the Department of Homeland Security (DHS) on the same day that Barack Obama became President of the United States. Homeland Security is the department that oversees the agencies charged with executing the country’s immigration laws. Citizenship and Immigration Services is in charge of applications and petitions for change of nonimmigrant status, extension of non-immigrant status, adjustment to lawful permanent resident status, naturalization, confirmation of derivative citizenship, etc. Immigration and Customs Enforcement prosecutes those accused of violating immigration laws and enforces resulting removal orders. Customs and Border Patrol agents are the immigration officers that inspect and admit or refuse admission to those wishing to enter the United States. All these agencies are all under the umbrella of DHS.

Immigration reform on the horizon

Friday, 16 January 2009 20:43 Atty. Robert Reeves & NAncy Miller

AS Bob Dylan sang years ago, "the times they are a-changin". Those words were never more true than they are today. A new Congress has been sworn in. Its make-up is vastly different than the Congress of the past several years. This week, the Senate Homeland Security and Government Affairs Committee will hold confirmation hearings on the nomination of Janet A. Napolitano to be secretary of Homeland Security. Next week, Barack Obama will take office. He brings with him many changes, including a new party in office. Democrats are in control of both the legislative and executive branches of government for the first time in many years. But what does this mean for the population at large? And, specifically, what does it mean for the immigrant community?

The many difficulties that this country is facing will not disappear on January 20, 2009. The United States will still be at war. The economy will still need to be fixed. These, and many other problems, will need to be addressed. It is natural to wonder about the order in which these challenges will be addressed. Which will come first? Whatever else becomes part of the "honeymoon" agenda, it appears more and more likely that immigration reform legislation will be introduced in this year’s Congress.

The Attorney General Questions the Right to Counsel

Sunday, 11 January 2009 22:48 Atty. Robert Reeves & Jeremiah Johnson

With less than two weeks left in office, the Attorney General issued a troubling decision affecting an alien’s right to counsel in removal proceedings. The Attorney General’s decision, Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), overruled the Board of Immigration Appeals’ two previous decisions in Matter of Lozada, and Matter of Assaad, finding there is no constitutionally protected right to counsel. Such a ruling has profound impact on immigrants and their families and undermines our country’s notions of fundamental fairness and due process of law.

Resolving immigration problems in the New Year

Sunday, 04 January 2009 23:16 Atty. Robert Reeves & Katherine L. Curtis

(1 vote, average: 5.00 out of 5)

AS 2009 begins, most of us wonder just what will the new year bring and how will our lives change. For many aliens in the US, one single question is on the mind more than any other: what will be my immigration status in 2009?

There is reason to be hopeful that a new President will bring about immigration reform. This is especially true because President-Elect Barack Obama has set up a blueprint for change that includes "bringing people out of the shadows." However, positive immigration legislation may not happen immediately, and it is important for those with immigration problems to seek to improve their immigration status under current laws.