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LawLine 9 Has Taken A Twist

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LawLine 9 has posted common questions regarding U.S. Immigration Law. Has their stance changed as a reaction to recent attention?

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Common questions about U.S. immigration law
posted by: 9 NEWS Staff

Created: 6/29/2005 3:43 PM MDT - Updated: 6/29/2005 4:10 PM MDT

Immigration lawyer Donna L. Lipinski answers some common questions. June 29, 2005.

Several news stories in recent weeks have put illegal immigration under the spotlight. We have asked immigration lawyer Donna L. Lipinski to answer some common questions on this subject.

What do lawyers tell people who are in this country illegally?

Well the first thing we say is we ask them to come into our office because you can never get enough information by talking to them on the phone. The most important thing that they want to know is knowledge, they want to know if they are here illegally, is there a way for them to obtain legal status. So, our job as attorneys is to look at the situation, to do an evaluation, to tell them if they are here without any paperwork, that they've got to go home. But the other part of what we have to do is let them know is that even though they may be here illegally, there may be options, perhaps through a relative, perhaps through an offer of employment, perhaps through asylum if they are fleeing their home countries for persecution. They may have to leave the United States before they can come back legally or they may have the option of obtaining legal status in the United States. But absolutely, if they are here and there is no possibility of any kind of remedial action to rectify their unlawful status, we tell them you are breaking the law, you are in violation, there's no option for you. We tell them the consequences of remaining in the United States, that way, at least they have the knowledge and are able to avoid going to other people such as notarios or notary publics or people who are engaged in the unauthorized practice of law who say 'look, I can fix your status, give me $500 and I can get you a work permit.' All that does is further the fraud that we already have and takes people farther underground, and the only one that benefits is the one that takes the money from the immigrant.

Does the Immigration and Nationality Act address the legal rights and options of people who are both here legally and those for whom there is no status?

The immigration law discusses the options for people who enter the United States legally, who get permanent resident status and who can then later apply for citizenship. But it also addresses the situation for people who enter the United States legally, but for some reason or other, then fall out of status, for example, if they work without permission or if they stay longer than they should stay or if they get bad advice from a notary public or from someone who doesn't know what they are talking about. So absolutely, in those situations, when someone falls out of status, whether it's through their own acts or whether they came into this country without ever having had status, the law also provides information for them on how and what they can do in order to get legal status.

What can families do to help a family member gain legal status?

When the children are born here, they are U.S. citizens, and U.S. citizens are given great deference under the U.S. immigration laws, and family unification is one of the primary cornerstones upon which our laws are based. So surely, a child who is now an adult, who is a U.S. citizen can petition for his or her parents, and the good thing about that option is that there is no wait for an immigrant visa, immigrant visas are always available to what we call immediate relatives, which would be the parents of legal citizens and children.

Can immigration lawyers tell non-citizens how to break the law?

Absolutely not. We take an oath before we are allowed to be lawyers that requires us to follow the Constitution both of the United States and of Colorado. We have an obligation to follow those laws, to be truthful, to be honorable in our profession, we have an obligation to use our knowledge to improve the legal situation in this country; we also have an obligation to represent the oppressed and the defenseless.

What if I married an American and want permanent legal status, what can I do?

If you are marrying an American, the basic question is are you marrying this person because you are in love with them and because you intend to stay in this marriage for love, or are you marrying this person because you want to skirt the immigration laws, which is a marriage of convenience. If this is a true marriage to a U.S. citizen, the U.S. citizen can file a petition for you and if the petition is approved, you can apply for your immigrant visa either in your home country, or you may be able to file your application to change status here in the United States, it just really depends on the circumstances. Once you get that, then you are a permanent resident, and in three years time, if you are still married, you'll be able to apply for citizenship. However, if you entered into a marriage, what we call a scam marriage or a marriage of convenience, you are immediately removable.

What if I think I am about to be deported? What should I do?

First of all, you need to figure out at what point in the proceedings are you? If you simply think that you might be removable, then you really need to talk to a lawyer, find out what the basis for removal might be, and then see if there are any options that are available to you based on the family relationship, maybe based on a petition that was filed for you years ago by a relative. If you have already received a notice to appear in court, then you definitely need to contact a lawyer to see whether you will be deported, to see whether you might be able to apply for voluntary departure that allows you to leave without an order of removal or deportation entered against you.