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Uncategorized Archives - Erika Roman


Top Immigration Stories of 2019

It has been an eventful year in immigration news. The world has witnessed this shining beacon of Democracy continue to grow dimmer as this Administration has cast a dark shadow over the immigrant population of the US. Let’s look back at some of the most significant immigration new stories of 2019 to see where we are and where we may be headed.

Shooting of Mexican Immigrants in El Paso:

In August of this year a white gunman in El Paso, Texas walked into a Wal-Mart and tried to shoot as many Latinos as possible before surrendering to the police in that state. Twenty people died and many more were injured as a result of this hate-filled rampage. Later the police said that the man had a manifesto that stated “this attack is in response to the Hispanic invasion of Texas.” Many pointed out that Trump himself has used similar language to describe the immigration crisis.

Immigration in the Supreme Court:

The Trump administration continued to cause many immigration cases to reach the Supreme Court. One of the cases currently before the Supreme Court may decide the future of Obama’s Deferred Action for Childhood Arrivals (DACA) policy. This is just one of many immigration cases that sits before this increasingly conservative court.

The Flores Settlement

The Flores settlement governs the detention of migrant children barring them from extended confinement. All throughout 2019, the Trump Administration has sought to abrogate this agreement which was adopted under the Clinton Administration. The battle will no doubt continue into 2020.

Shooter in New Zealand Targets Immigrants and Muslims:

On March 15, 2019, an Australian man killed 51 people at two mosques in Christchurch, New Zealand. Prime Minister Jacinda Ardern expressed shock and outrage at the tragedy stating that this act was not what the people of New Zealand were about. Her government eventually achieved what the U.S. government has failed to do after countless mass shooting – a ban against the sell and possession automatic weapons.

Deaths in Detention and at the Border:

The biggest tragedy here in the U.S. has been the “zero tolerance policy” this administration has taken towards immigration. The policy has resulted in the multiple deaths and detentions at the U.S. border. In June of 2019 NBC reported that at least 24 immigrants had died at the border.

Public Charge

Earlier this year, The Trump administration proposed a new, stricter approach to the public charge exclusion. This proposed change would make it difficult for low income immigrants to come to the United States as it would take account into their likelihood to apply for public assistance.

This is just a small sample of the developments that have occurred on the subject of immigration. The many challenges that we face are sometimes vertiginous but as an immigration attorney in Ventura County it is my duty to keep fighting for the rights of all people. If you need an immigration attorney in Oxnard, I will listen to your case 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.


4 Things to Expect from Your Free Initial Consultation

Consulting with an attorney is not something that the average person does on a regular basis. Therefore, it may be helpful to know exactly what happens and what will be discussed during an initial consultation with an attorney. What follows is a guide covering the basics of an initial free consultation. Knowing this will help guide you in your decision on whether or not you will choose me to represent you in any and all legal proceedings.

What is the Purpose of a Legal Consultation?

The purpose of a legal consultation is for the attorney to get to know you, know more about your case and whether he/she can competently represent you. At this point in your discussion with the attorney she is not yet your representative. This does not occur until you have signed a contract between you and her and she has notified the court that she now represents you. Moreover, the attorney will not give you specific advice yet until you have retained him or her. The reason for this is that the attorney must avoid malpractice charges.

What to Expect During the Initial Consultation

  • Seek to understand your case: The first things an attorney will solicit from you are the details of your case. In this, they will need as many documents from you related to your case as you can produce. This will help her to determine the nature of your legal issue, your legal options, whether or not she can help you and your prospects for success.
  • Explain the legal process: The legal process is very complicated for most lay people. It is one of the reasons why the study of law is so complicated. During the initial consultation, the attorney will try to break down the legal process in a way you can understand.
  • Explain to you their fee: All initial consultations include a discussion of the attorney’s legal fees. She will discuss how, when and how much they will be paid. Attorney fee arrangements may be based on a contingency fee, a flat fee, or hourly fee basis.
  • Establish a communication process: If you and your attorney agree that she can help you and you have decided to retain her then you must be able to contact each other when needed. Expect her to get from you your contact information. Having given him/her this information, you should make yourself available for further communications;

The choice of an attorney is an important one. It will help determine your chances at success. Hopefully, this guide will help you know what to expect from your initial free consultation. I am attorney Erika Roman. I am an immigration attorney in Oxnard who is ready to speak to your about your case.


Ways Immigrant Help Build the Economy

One of the things that the Trump administration fails to consider is the long range economic impact that mass deportations and other policies meant to curtail both legal and illegal immigration will have on this country. In fact, many studies conclude that a number of industries as well as many states rely on immigrant labor to stay afloat and to succeed. How do immigrants strengthen the U.S. economy? Below is my top 4 list of ways immigrants help to grow the American economy.

  • Undocumented immigrants are paying taxes: If all undocumented immigrants were ejected from the country the result would be a huge loss in tax revenues. In fact, by some estimates undocumented immigrants pay an average of $11.64 billion in state and local taxes a year.
  • Immigrants are helping to sustain the Social Security Trust Fund: There has and continues to be a great deal of concern about the future of the Social Security program. According to the New York Times, immigrants have contributed upwards of $300 billion to the Social Security Trust Fund. Thus, without their contribution to this fund – which so many rely on in the country – it would quickly become insolvent. In fact, many believe the fund would simply shrivel up by 2037 without this influx of money.
  • Immigrants contribute to job creation: Contrary to the popular canard that immigrants take away American jobs, many do just the opposite. There has long been an entrepreneurial spirit among new arrivals and these new arrivals often start businesses that hire native-born Americans. Moreover, a study by the National Academies of Sciences, Engineering and Medicine, concludes that the average immigrant-owned business hires 11 employees. This adds up to between 3.7 million and 5.2 million jobs being added to the economy.economy
  • Immigrants boost demand for local consumer goods: Immigrants have huge purchasing power. In fact, according to some estimates the purchasing power of Latino and Asian immigrants is anywhere between $775 billion and $1.5 trillion 2015.

Industries that Rely Heavily on Immigrants

Here a just a few of the industries that might simply collapse were it not for both documented and undocumented workers.

  • Agriculture: Indeed, immigrants make up 77% of agricultural workers in California alone.
  • Transportation (taxi driver and limo drivers)
  • Apparel
  • Construction
  • Housekeeping

In short undocumented immigrants make economic contributions to this country. They purchase goods and services, work, and live across the country. Policies that seek to remove immigrants en masse or that make it more difficult to immigrate to this country legally ignore this fact. As an immigration attorney in Ventura County, I know the potential contributions many undocumented persons make or desire to make to this country. I am attorney Erika Roman. If you wish to talk about your case, contact me and I will listen.


Fact about Immigrants and Public Benefits

The Trump administration unveiled a new rule this month that could deny visas and permanent residency to hundreds of thousands of people because they may at some point apply for public benefits. To support this move, Trump and his supporters have propagated the idea that immigrants are burdensome to public assistance programs. Here are some facts concerning immigrants and public assistance.

Fact: Immigrants actually use fewer public benefits.

This is primarily because many are ineligible to receive them. Undocumented immigrants are ineligible for welfare except in extreme cases where a person’s health is involved. Moreover, even legal immigrants cannot receive welfare for their first five years of residency.

Fact: Most immigrants are driven here by the desire to work not to receive public assistance:

More often than not immigrants are motivated to come to this country due to lack of economic opportunities in their own countries. The rest are usually fleeing from persecution – sometimes even the threat of death – the drug war, etc.

Fact: Both documented and undocumented immigrants pay more into public benefit programs than they take out.

Undocumented immigrants contribute an estimated $11.74 billion to state and local economies each year. This means that undocumented immigrants often contribute more to public assistance programs than they get from them. Moreover, their tax dollars often go to support program for which they are sometimes ineligible.

Fact: Undocumented immigrants are ineligible federal public benefit programs with few exceptions:

Mostly undocumented immigrants are ineligible to receive federal benefits. However, they may be eligible for a handful of benefits that are necessary to protect their lives and safety in dire situations such as emergency Medicaid, access to emergency rooms etc. In these cases, denying immigrants from receiving benefits could not only put them at risk, it could also endanger the health and welfare of the general public.

Fact: Immigrants are nearly 50 percent less likely to receive Social Security benefits than native-born American adults.money

The net effect of this is that immigrants put much less of a strain on the Social Security system than native born citizens and indeed help support it.

In short, this effort to penalize immigrants’ use of public assistance is predicated on misconceptions about immigrants and public assistance. It is a part of this administration’s overall efforts to curtail both legal and illegal immigration to this country. Part of my responsibilities as an immigration attorney in Oxnard is to push back against this kind of misinformation. The other part is to protect the rights of every human regardless of their legal status. As an immigration attorney in Van Nuys, I can assure you that these policies will continue to be challenged by me and my colleagues.


What Health Risks Do Undocumented Immigrants Pose?

For many decades now people who are opposed to immigration have raised concerns about the diseases that immigrants may carry into the country. However, dangerous viruses and bacteria are uninterested in whether a person is native born or not. Infectious diseases don’t care whether someone has crossed the border illegally or that person has gone through the prescribed steps to become a citizen of the US. Yes, aided by nativists and people who are simply uninformed, the myth that undocumented alien will make the US susceptible to some nationwide outbreak of TB or some other diseases continues. With this post I will try to show why this idea has little to no merit. 

Things to know about the Health of Refugees and Migrants

Conservative commentators and even the President have tried to associate disease with immigrants as closely as they have tried to connect them with crime. As an immigration attorney in Ventura County, I feel that it my duty to push back at some the untruths that have been spread by the President and other. Some facts about the health of immigration are:

  1. Immigrants who do make it t the US are screened vigorously for diseases such as tuberculosis, measles, etc. The individuals must undergo a physical examination including chest X-rays, blood samples, etc.
  2. Migrants and refugees are likely to be healthy in general. When migrants have fallen ill it has often come about as a result of the conditions in which they are confined. For example, there has been much concern about sanitary conditions at detention centers in the US. As most people know, diseases can quickly form and spread in conditions like these.
  3. In 2007, 47.6 percent of immigrants and their U.S.-born children were either uninsured or on Medicaid compared to 25 percent of natives and their children
  4. Studies show that international migrants are less likely than people in their host countries to die of heart disease, cancer, respiratory diseases and other ills.


In addition to educating the public about immigration and health issues, we should try to make health systems refugee and migrant-friendly. (Immigrants are often afraid to access publicly available healthcare for fear that they may be turned over to ICE.) We should try to make sure that undocumented immigrants have access to health insurance and that healthcare professionals are informed about issues related to this growing population. This may actually reduce the few health risks immigrant do pose. Additionally, we have to make sure that the detention centers that have become a blight on our nation are more humane and sanitary. I am attorney Erika Roman and I will always work on behalf of all who wish to share in the American dream.


Where the Major Presidential Candidates Stand on Immigration

“Immigration has always been a strength in this country.” Kirsten Gillibrand ~ Sen-NY

Whoever becomes President in 2020 will face many challenges when it comes to the issue of immigration. The left, right and center have all agreed that the system as it exists is in need of reform but there is no consensus on what reform is needed and how those changes will be implemented. But where do the major Democratic candidates stand – and there are more than 20 of them – on the issue of immigration? Here is a brief look at where some of the major candidates stand on this thorny issue.

  • Vermont Sen. Bernie Sanders: Sanders’ views on immigration are relatively progressive as you might imagine. He supports DACA and a path to US citizenship for undocumented immigrants currently residing within the United States. In the Senate, Sanders voted against defunding sanctuary cities and has called family separation at the border “heartless and cruel.”
  • California Sen. Kamala Harris: Harris, a former DA, has expressed support for DACA but has been criticized by some in her own party for saying that “ICE should exist.”
  • New York Sen. Kirsten Gillibrand: Gillibrand has in the past voted to increase funding for ICE but has recently called for abolishing it. She is also a DACA supporter.
  • Former San Antonio Mayor Julian Castro: Castro – a second generation immigrant – supports a path to citizenship for law-abiding, undocumented immigrants, is against Trump’s border wall and regularly criticizes the President’s immigration policies. However, he does not support abolishing Immigration and Customs Enforcement.
  • New Jersey Sen. Cory Booker: Booker supports the DREAM Act and has said that the UN has a moral obligation to aid Syrian refugees.
  • Former Rep. Beto O’Rourke: O’Rourke opposes a US-Mexican border wall and has even called for the existing border fence in El Paso to come down.
  • California Rep. Eric Swalwell: Swalwell has repeatedly stated his support for DACA and vehemently opposes family separation.
  • Former Vice President Joe Biden: The former Vice President is a mixed bag on immigration. On one hand he has supported the Violence Against Women Act. On the other hand, he voted twice for extra fencing to go along the US border with Mexico.
  • Massachusetts Sen. Elizabeth Warren: Warren supports DACA, supports the abolishing of ICE and voted against Trump’s efforts to defund sanctuary cities.

Yes, whoever becomes the next President of the United State, he/she will face the challenges posed by immigration including problems that that the current President created himself. Whoever he/she may be as an immigration attorney in Van Nuys I will continue to fight for the rights of all people in the US regardless of their legal status. I am also an immigration attorney in Oxnard who will talk with you for free during an initial consultation.


Decrease Processing Times for N-400 and I-485

See the Full Article Here:


USCIS Aims to Decrease Processing Times for N-400 and I-485

USCIS will implement a national strategy to decrease differences in processing times based on location for Form N-400, Application for Naturalization, and Form I-485, Application to Register Permanent Residence or Adjust Status.

Since the end of 2015, we have experienced an increase in processing times due to higher than expected volumes…(Click Here Read the Full Article)


All About Dual Citizenship

One of the more fascinating aspects of immigration law is ‘dual nationality’ or citizenship. Dual citizenship means that a person is a national of two countries at the same time. Why would someone want to claim citizenship in two countries? For one thing, people who have this status enjoy being able to travel back and forth freely between the two countries, vote and otherwise take advantage of the rights of citizens in both countries. For another, they may simple not wish to sever all ties to the country of their birth. Whatever the reason may be, some people choose to seek this status. Let’s look at the process of applying for dual citizenship and use three countries – Canada, Mexico and the Philippines – as examples.


You would think that because Canada and the United States share a common border and have been allies and trading partner for so long that each country grants special immigration rights to its citizenship regarding the other country. This is not so. Before applying for dual citizenship, Canadians must spend years here as a legal resident before they can apply for citizenship here as well. (You must also have demonstrated good moral character and not run afoul of the law.) However, if one of your parents was born here and the other in Canada, you may automatically qualify for dual citizenship. Check with an attorney if you are unsure.


The process of naturalization in Mexico is managed by the Secretaría de Relaciones Exteriores (SRE). Obtaining dual Mexican citizenship is a complicated process. You must first check to see if you are from a country that even allows dual citizenship. Next, you must have permanent resident status in Mexico. Then, you must present your birth certificate and the birth certificate of your Mexican parents to the proper officials. (Yours should be translated and apostilled.) Again, it is very important to consult with an attorney first. If you are local resident you should could with an immigration lawyer in Van Nuys.dual

The Philippines

Just as is the case with Canada, one can be a dual citizen at birth if one parent was born in the United States and the other was born in the Philippines. If you seeking more information on whether a child qualifies in this way it is a good idea to check with an attorney and with the Philippine Embassy or Consulate. Otherwise you must first be a permanent resident of the Philippines and be able to prove this with the proper documentation before applying for dual citizenship.

In short, applying for dual citizenship can be rather complicated such is the case with much of immigration law. That is why you should never assume anything. If you are asking yourself where there is an immigration lawyer near me, then I can help you. I am Erika Roman.