Employment-Based Immigrant and Nonimmigrant Visa Programs

The United States Citizenship and Immigration Services (USCIS) is amending its regulations modernizing and improving some provisions related to certain employment-based immigrant and non-immigrant visa programs.  These changes seek to enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa (“green card”) petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan. 17, 2017.

For more information, click here

Top 10 Tips for Finding the Right Immigration Attorney for Your Case

Finding the right immigration attorney for your case can be a challenge. Where do you start?

I have put together a list of 10 tips to guide you in finding the right lawyer for your case. Use it as a checklist.

1. Understand your case

Immigration is very complex. Attorneys specialize in various area: employment visas, refugees, physicians, green cards, citizenship etc.

What kind of case do you have? Once you answer that question you can zero in on finding the experienced immigration attorney to handle your case.

An attorney who practices in all areas of immigration law may not be the best choice.

2. Referrals

Get names of immigration attorneys from friends, family and coworkers. Maybe they had a case and hired a good attorney with experience. Find out what kind of case the attorney handled for them.

3. Do an internet search

When you have a name of an attorney dig for information on the internet. Find out what is being said about the attorney online. Also find out if there are any media stories available and why. Keep digging.

4. Verify credentials

Check with the state bar to confirm the attorney has a license to practice law. Immigration is a federal issue and immigration attorneys can practice in any state as long as they are licensed at least in one state.

5. Meet the attorney

Set up a consultation and interview the attorney. The consultation can be one-on-one, or by phone or Skype. The meeting will allow you to get to know the attorney. You will also get the feel if he/she makes you comfortable and at ease.

The consultation will also give you a good indication on whether the attorney is interested in your case or knowledgeable in cases such as yours.

Does the attorney have compassion? And will he/she educate and guide you along the journey of your case?

6. Experience

Make sure the attorney has been practicing immigration law for several years. Extensive experience is important because they will be handling your case. Ask him/her questions related to your specific case and for possible examples of similar cases they have handled in the past. Remember every case is different.

An attorney knows the law and will guide you, but you have to know and understand the facts of your case. Also have a clear understanding what your attorney is doing, why and when.

7. Commitment

The immigration attorney you choose should personally take care or supervise your case at all stages. He/she should keep you informed at every stage of your case, and include at every decision.

8. Ask about fees

There might be a consultation fee and there will be a fee for representation.

It is normal for attorneys to charge a fee for a consultation. The fee will vary. When you call to schedule a consultation ask what is the fee and how long is the consultation. An hour? 30 minutes?

When it concerns the representation fee, immigration attorneys charge by the hour or a flat fee per case. Don’t look for the attorney who is going to cost the least. Find the attorney who will do the best job for you.

Also find out how much it will cost from beginning to end to handle the case. Talk over how you will pay for the representation. Check to see if there is a payment plan that the attorney can offer for your budget. And most importantly, get everything in writing.

9. Accessible

The paralegal or administrative assistant should not be the liaison. You should have direct communication with your attorney at all times especially when needed.

10. Easy to understand

Choose an attorney who can break down the legal terms in “people talk.” You need to understand what they are saying and what they are doing with your case, and sometimes you need to remind them you did not go to law school.

Don’t be afraid to ask questions. A good immigration attorney will welcome questions and will not be offended.

U.S. in crisis need for doctors but foreign doctors ready to serve face immigration delays

Photo courtesy: Patient Care Technician

The United States has one of the most advanced health care systems in the world and a physician shortage that seems to be rapidly increasing. A report by the Association of American Medical Colleges (AAMC) indicates the United States faces a shortage of 90,000 doctors by the year 2025.  This is why International medical graduates better known as IMG’s or international physicians play an important role in our health care system.

According to the Journal of the American Osteopathic Association these professionals represent 26% of physicians in practice and 24% of residents in specialty programs in this country.

I have represented numerous IMGs since I started my immigration practice in 2002.  I have experienced firsthand their struggles and frustrations in working through our immigration laws just to be able to provide medical services in the United States.

Today IMGs are faced with many obstacles and a very complex immigration system that makes it difficult for them to obtain temporary work visas for residency and/or fellowship training programs and general employment after completion of the training programs. Also IMGs who want to be permanent residents in the United States must follow a strict immigration process. It is often a long process which makes the experience of obtaining a “green card” very strenuous.

Published reports by various U.S. medical organizations clearly illustrate the need for more doctors in the United States and the need for an immigration system that is in tune with our heath care needs.

OTHER RESOURCES 

AAMC report: The Complexities of Physician Supply and Demand

New York Times: Path to the United States practice is long slog to Foreign Doctors

What will happen to four million people affected by U.S. Supreme Court’s split decision

Photo Courtesy: KMBC

Here are my  legal points on the U.S. Supreme Court’s split decision today. The higher court announced that it was unable to reach a decision in the case United States v. Texas.

FACTS:

Dreamers with DACA do not lose legal rights, including work authorization. And they are not exposed to deportation at this time.

As previously explained ( June 13 blog), the 4-4 tie vote means that the Fifth Circuit Court of Appeals (lower court) injunction is upheld, essentially ending DAPA and extended DACA.

DAPA was President Obama’s deferred action to allow immigrants parents without legal authorization to stay in this country. But DAPA could be revived if legal action is presented in a lower or higher court again.

In the meantime, DACA (Deferred Action for Childhood Arrivals) applicant can continue to receive two-year work permits and be exempted from deportation.
DACA applicants are people who entered the U.S. before the age of 16 and before June 15, 2007.

SOURCES:

U.S. Supreme Courts opinion on United States vs. Texas – Opinion

DAPA – Why is the Supreme Court Decision important?

LEGAL BACKGROUND

On November 20, 2014, President Obama announced the DAPA (Deferred Action for Parents of Americans) initiative as part of the series of administrative reforms (“executive actions”) on immigration. Soon after the announcement, 26 state (including Texas)  filed a lawsuit in federal district court to try to block the implementation of DAPA and expanded DACA (Deferred Action for Childhood Arrivals).

 The District court issued a “preliminary injunction,”  prohibiting the government from taking any further steps to implement the DAPA and expanded DACA initiative.  The government appealed this decision to the Fifth Circuit Court of Appeals, which confirm or upheld the district court’s decision.

Following the Fifth Circuit’s decision, the U.S. Department of Justice announced its intention to seek Supreme Court review. The Supreme Court heard oral argument on April 18, 2016 and is set to give its final decision on June 28.

WHAT ARE THE POTENTIAL OUTCOMES 

The Court dismisses the case for lack of standing. If the Court dismisses for lack of standing, the entire case will come to an end and the injunction will be lifted; allowing the government to implement DAPA and expanded DACA.

The Court reverses the Fifth Circuit on a critical legal issue, allowing the government to implement DAPA and expanded DACA.  However, the  law suit will continue and the district court could go on to decide if this programs are  constitutional. The decision of the district court could eventually be appealed, meaning the case could go to the Fifth Circuit and the Supreme Court a second time.

The Court affirms the Fifth Circuit decision. This would mean that the Supreme Court agrees with the previous court rulings and does not allow DAPA and expanded DACA to move forward and the case would go back to the district court for a final decision.  This means that  eventually the case could be appealed, going back to the Fifth Circuit and the Supreme Court for a second time.

Split decision. There are currently only eight Supreme Court justices after the death of Justice Antonin Scalia. If the justices split 4-4, which is possible, this would mean that the lower court’s injunction would be upheld, essentially ending DAPA.

It is difficult to predict which side will win, but it is clear that whatever the outcome is, we are far from hearing the last word on DAPA.

Immigration issues effect us all

Angela Lopez

You may be wondering why an immigration attorney like myself would start a blog about just that….immigration. Well every time you turn on the news, that’s what they are talking about immigration.

But sometimes when the journalists and politicians are talking or arguing over immigration issues, I notice that they don’t always have their facts right.

This is why I am here. To educate you about immigration, because as they say “knowledge is power.” In the next few weeks, I will be covering topics that are trending, and that everyone is talking about.

Feel free to shoot me an email if there is something that you need to know. I’m not here to give legal advice, but general information to keep you better informed.

Bookmark my page to get the latest updates.

Angela Lopez