Monthly Archives - December 2019

Pete Buttigieg on how he would Restructure the Immigration System

A few weeks ago, Democratic candidate for President and former mayor of South bend, Indiana, Buttigieg promoted his solutions for America’s immigration challenges to coincide with his rise in the polls among a still crowded field of Democratic challengers for the office of President. Buttigieg says that his plan stresses the importance of immigration to the economy and explained why his positions would make the system fairer at the same time. “We must recognize the great contributions of immigrants and create an immigration system that meets the needs of our nation now and in the years ahead,” he told NBC news. Let’s look at the where he stands various aspects of immigration policy.

  • Border crossings: Buttigieg says that crossing the U.S./Mexican border into this country should still be illegal but that it should be a matter handled under civil law. He further says that the emphasis of a Buttigieg Administration would be on immigration reform in general.
  • Child separation: The former mayor of Indiana believes that child separation is wrong and that it is the outcome of the “zero tolerance,” policies of the current administration.
  • Path to citizenship: Part of Buttigieg’s plan would create a path to citizenship for undocumented immigrants within the first 100 days of his administration. Additionally, the Democratic candidate for President and former mayor says that he would restore temporary protections of undocumented immigrants as part of his plan.
  • The asylum process: Buttigieg’s plan would remove asylum-seekers and migrants in facilities run by Customs and Border Protection from their custody and set up new facilities run by HHS. Here, staff would be trained in health, trauma-informed and age appropriate care.
  • The border wall: Buttigieg’s plan calls for an end to construction on the wall. Furthermore, he says he would take the $1 billion to $2 billion used to build the wall and reinvest it into technologically-driven border solutions.
  • DACA: Buttigieg supports the Deferred Action for Childhood Arrivals program, or DACA and says he would like to see a pathway to citizenship for young immigrants who were brought to this country illegally but have been here a while. Moreover, Buttigieg says he opposes the current administration’s “zero tolerance” stance on immigration.

As an immigration lawyer in Van Nuys I can tell you that I and my colleagues will not give up the fight until the immigration system is fairer and more compassionate regardless of who sits in the White House in 2020. I am attorney Erika Roman and I will talk with you for free.


Returning to the US after Deportation: Is it Possible?

First of all, if you have been deported from the country I do not advocate that you attempt to re-enter it illegally. All may appear to be hopeless but indeed they may not be. Re-entry into the country after you have been deported is difficult but it is not impossible depending on the reason(s) you were removed in the first place. In most cases, an alien may not return to the United States after she/he has been ordered removed for a period of 10 years. Let’s look at the reasons you may be deported and the process for legally re-entering the country.

Before an immigrant is allowed to re-enter the country after he or she has been deported he/she needs to file an I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Only if this waiver is approved may the deported person be allowed to re-enter the U.S. In some cases, however, if someone is deported in absentia that person may file a motion to rescind the in absentia order even if they are out of the United States. If the motion is approved, the individual may then return to the United States to begin newly reopened deportation proceedings.

Typical Reasons People Get Deported

  • The alien violated the terms of his or her immigration status.
  • The alien was charged with any of various criminal offenses that result in deportability
  • The alien failed to register with the immigration authorities when required
  • The alien falsified documents
  • The alien appears to be a threat to U.S. security.

Who is Eligible to Submit a Form I-212 request?

  • Only certain categories of people can apply for the I-212. This includes:
  • People who were previously removed from the U.S. or ordered removed but voluntarily left the country,
  • People who have entered the U.S. unlawfully after a prior removal order or deportation
  • People who were present in the U.S. for at least one year without authorization

Things USCIS Considers when Determining Whether an I-212 Should be Approved

  1. The basis for deportation
  2. Recency of deportation
  3. Length of residence in the U.S.
  4. Moral character of the applicant
  5. His respect for law and order
  6. Evidence of reformation and rehabilitation
  7. Family responsibilities of applicant
  8. Inadmissibility to the U.S. under other sections of law
  9. Hardship involved to himself and others
  10. The need for his services in the U.S.

Of course, the wisest strategy is to avoid deportation at all costs. Generally, this is less difficult that attempting to re-enter the country once you have been deported. Therefore, if you have a deportation order and are facing removal from the country then you will need an immigration attorney in Van Nuys who can help you. You can attempt to do so yourself but you shouldn’t. My years of experience with immigration rights in Los Angeles can help you push back against a system that is overcomplicated.


The Case for Why We Need More Immigration, Not Less

Former New York City mayor Michael Bloomberg recently said while speaking at a Mexican restaurant that despite the efforts to curtail immigration that the current administration has undertaken, more immigration is needed not less. “We need immigrants to take all the different kinds of jobs that the country needs — improve our culture, our cuisine, our religion, our dialogue and certainly improve our economy.” And while this view has not been echoed by many other politicians, there are some who believe as Mayor Bloomberg does – more immigration to the US is needed, not less. Here are some of the arguments for why more immigration to the US is needed.

  • Immigrants tend to be highly productive: According to the Hoover Institution, people who immigrant to the U.S. from poor countries are two to eight times more productive than they were in their native countries. In fact, many immigrants hold down more than one job which contributes to the economy.
  • Immigration supports a younger work force: Many demographers and economists are warning that the population of aging baby-boomers is beginning to surpass the number of working-age adults in the work force. Thus, many people believe that since immigrants tend to be young, working-age individuals, their infusion of energy can help reverse this trend.
  • Immigrants support social safety net programs: Even immigrants who use illegal social security cards fund many of the social safety net through the taxes they pay. In fact, IRS data shows that in 2015 alone immigrants paid 6 billion in taxes.
  • Immigrants help to increase the Gross domestic product (GDP): The total value of goods produced and services provided in a country during one year increases as immigrants help by producing more goods in their adopted country. This can benefit the GDP of the immigrant’s new country and contribute to the world GDP overall.
  • Immigration can help stabilize falling birthrates: American birthrates are dropping as the population is aging. In fact, according to Census data, from 2015 to 2035, the number of working-age Americans with domestic-born parents is expected to fall by eight million. Immigration could help halt this decline.

The movement to decrease immigration is generally supported by people who are operating with a lack of facts or who are motivated mainly by fear and ignorance. I – attorney Erika Roman – help to fight such fear and ignorance on daily basis. I will support you in your efforts to confront this overcomplicated and often impersonal immigration system that nearly everyone agrees is in need of reform. I am Erika Roman immigration lawyer. I will speak to you about your case for free.


Immigration Reform: 5 Proposals to Fix American’s Broken Immigration System

Ever since Donald Trump took office in 2016, immigration has dominated the national conversation more than it has in all of the nation’s history. However, the measures that Trump and his supporters taken have been piecemeal and designed to reduce immigration as a whole to the US. The idea of comprehensive reform has been given short shrift. Still, the US immigration system does need to be reformed and there are those out there who have some bold ideas on how to do so. Here are five proposals for reforming the portly design immigration system to meet the needs of the 21st century.

  • Expand temporary visa programs for both high- and low-skilled workers: This would help meet the evolving demands of the US labor market and economy especially as the population of the U.S. ages.
  • Abolish ICE. Many critics – including several prominent politicians – have long proposed abolishing the controversial agency that was created in the wake of 9/11. They argue that the agency is heavy-handed to the point where governors in major cities across the US have even refused to cooperate with them in their “round-ups.” american flag
  • Expand the green card lottery. The Green Card Lottery stemmed from the Immigration Act of 1990. Its purpose is to give people from countries with low immigration rates the chance to move to the USA.
  • Construct a visa system based on demonstrated need. Some have proposed that employers’ needs for foreign workers should be the deciding factor in how many immigrants receive visas not some bureaucratic cap set by politicians. Further, they suggest that employers should have to certify that first they tried to hire American citizens and that they provide proof of this.
  • Border security aims should be refocused: Some suggest that border security should be primarily focused on apprehending serious criminal activity, especially terrorists, human traffickers and drug smugglers instead of on intercepting immigrants. With this proposal, governors of Border States would be more in charge of what should happen with people who attempt to enter into this country.

This is just a small sample of several proposals that are out there to reform the immigration system. The immigration system must be designed to meet the needs of the economy and it should be fair and just. Now, the opposite is true. It can be unfriendly and difficult to navigate without experienced counsel. So if you are asking yourself “where can I find an immigration lawyer near me,” look no further than my firm. I handle immigrant rights in Los Angeles and will strive to help you.


ESL Resources for Immigrants

New immigrants who arrive in the United States often face language barriers that impede them in a great number of ways not the least of which is in securing employment. However, by taking ESL classes newly arrived immigrants can increase their chance of securing gainful employment, get better involved in their children’s education and can become a powerful voice in the community. Here are a few resources (some free) that can help newly arrived immigrants gain competency with the English language.

  • Classes on the Internet: The Internet is a place where you can learn about practically any subject. Once online you can find sites that give English tutorials – some for free – and exercises that will help you be able to converse with native English speakers. Many of these resources are for beginning and intermediate speakers but all have the advantage of being accessible on a schedule that best suits the individual. To participate in any of these free ESL online courses all you need is a fast broadband Internet connection, speakers or headphones and a sound card. That’s it!
  • Colleges and Schools: Of course you can go the traditional route and attend ESL courses in person if you desire. The advantage here is that you can interact with others who are trying to master the language. And with nearly 1,200 junior and community college campuses around the United States, it should not be difficult to find free or low-cost ESL courses near you. A final advantage to taking ESL courses in person is that you gain immediate feedback from teachers.
  • Labor, Career and Resource Centers: Many non-profits, in partnership with local governments, offer free English classes for immigrants. Some of these resources also teach computer classes for those who prefer to study online and conduct citizenship classes as well.

In short, of all the barriers that are placed in the way of immigrants to this country, language does not have to be one of them. Immigrants can retain their own culture and respect their heritage and gain competency with the English language at the same time. If you desire to improve your English speaking abilities then the following resources will be able to help you. If you need the help of an immigration attorney in Oxnard, I can answer any questions you have. My office handles immigration rights in Van Nuys, Los Angeles and other parts of California.