Immigration Litigation

SAME or SIMILAR ???

January 22, 2010 · Leave a Comment

It is common for immigrants — just like US citizens — to get new jobs for many reasons: if a company goes out of business, merges or lays them off, etc.

However, in some instances, the Immigration Service denied petitions for green cards based on approved sponsorship, when an immigrant changes employers.

This week, the Board of Immigration Appeals ruled that an Immigration Judge may also decide if an immigrant who applies for a green card through one company can still be approved through a new one.

Thus we see another important decision which removes “court stripping.”

Immigration Judges now have authority to rule whether a new job is the same or similar to the old one.  If so, deportation is stopped and a green card may be approved.

Example: an Italian restaurant sponsors a cook for permanent residence.  One day, the boss relocates and the immigrant cannot travel to the new place.

So the guy finds new work.  The menu is different, but the man is still hard at work preparing meals in a hot kitchen.

Such a person (and his wife and kids) might face deportation, if Immigration concluded that the new job was not the same or similar enough.

And the judge couldn’t do anything about it.

Not anymore.  The Immigration Judge can now take another look.

We applaud this reasonable ruling.

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English

January 20, 2010 · Leave a Comment

Sometimes immigrants are told, “You’re in America, speak English.”

Now, this is nothing new.  Such expressions have been used throughout American history whenever a new group of foreigners arrives here.

In our family, there was a grandfather who had emigrated from Eastern Europe.

He had never seen an orange in his home country.

When he arrived in New York, someone — who spoke better English — told him to try the fruit but “neglected” to mention that he should peel it.

His children and grandchildren have heard this tale about a million times.

Of course, those kids learned English growing up, just as occurs today with the kids of first generation immigrants.

There is another domain in which people say, “speak English.”

Here we go:

IN a 9-0 decision today, the Supreme Court ruled that immigrants may challenge certain orders of deportation in federal court.

Specifically, the Court addressed denials of motions to reopen from Immigration Judges and the Board of Immigration Appeals.

AND now the English version:

Before today, certain immigrants’ rights were limited due to a law enacted more than a decade ago.

This law removed much of the federal courts’ authority to review prior decisions from Immigration Courts.

In the 1990s, (just as Frank & York continues to do in the 21st century), we argued before federal courts on a variety of issues.

More than once, we were told by federal judges that they had no authority to hear our arguments, due to the law which stripped them of power.

We cannot predict the whole future, but we now know that the Supreme Court is in unanimous agreement that this “court stripping” was too far-reaching.

We have won numerous federal cases already.

In plain English, today’s decision strengthens our ability to fight for our clients.

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temporary protection – be wary

January 20, 2010 · Leave a Comment

  1. The second tragic earthquake in Haiti reinforces how temporary protected status is a necessity for nationals of that devastated country.
  2. Temporary Protected Status is applicable when events such as political unrest (i.e., civil war) and disasters (earthquakes, hurricanes, volcanoes, etc.) and other extraordinary conditions exist in a particular nation.
  3. Those who hold TPS  cannot be detained or deported; they may apply for work permits.
  4. Immigrants who have  been convicted of any felony or two or more misdemeanors in the United States cannot receive TPS.
  5. Haiti joins only five other countries (El Salvador, Honduras, Somalia, Nicaragua and Sudan) that currently are in TPS.
  6. PLEASE do not accept the advice of anyone who purports to be “an expert” or who has an agency set up for TPS applications without verifying their credentials.
  7. Many nonprofit groups and law firms such as Frank & York will be available to assist folks who request TPS .
  8. Sadly, there will be a lot of people waiting to deceive Haitian citizens into applying, without knowing or caring about the law.  BE CAREFUL.

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IMMIGRATION CONSEQUENCES OF PLEA BARGAINS (for attorneys & immigrants)

January 19, 2010 · Leave a Comment

NOTICE ON IMMIGRATION CONSEQUENCES OF PLEA BARGAINS from FRANK & YORK, LLC

www.ImmigrationLawNJ.com

E

VERY DAY, THOUSANDS OF LEGAL IMMIGRANTS PLEAD GUILTY TO CRIMES THAT WILL RESULT IN THEIR DEPORTATION. WE CAN HELP.

ARE YOU AWARE that the US Supreme Court will soon decide if the 6th Amendment requires criminal lawyers to advise immigrant clients that many guilty pleas trigger deportation?

Millions of clients with GREEN CARDS arrive as children. They’ve lived in the US for SO LONG that they don’t have family in their native country or EVEN speak the language.

MOST ARE FIRST TIME OFFENDERS.

YOU CAN SAVE THEIR LIVES, and their families’ lives, by contacting us.

NO MATTER HOW GOOD A CRIMINAL LAWYER YOU ARE,

NO MATTER HOW MUCH EXPERIENCE YOU HAVE,

The US Supreme Court will soon decide if criminal lawyers who fail to advise immigrant clients of the IMMIGRATION CONSEQUENCES OF PLEA BARGAINS have committed ineffective assistance of counsel.

Thousands of immigrants who we’ve seen over the years face deportation, after  outstanding criminal DEFENSE attorneys LIKE YOU made a great deal.

There are INFINITE ways for Immigration to lock them up (without bail)  & throw them out, even if Your Clients  Never Serve  A  Day.

We Know Immigration Law, Thoroughly.

WE CAN HELP YOU DEFEND:

1ST Moms & Dads, ADULTS who have lived here since they were kids…

2ND Grandmas, Grandpas, Military Vets, Business Owners who employ dozens of Americans.

And most times, post-conviction relief is not an option, nor is expunging the offense.

OR DO YOU WANT THEM TO GET THE BEST DEAL?

3RD A DEAL THAT WILL MAKE THEM REMEMBER YOU AS THE LAWYER THAT  SAVED THEIR FAMILY’S LIFE … WE CAN HELP YOU

4TH A DEAL THAT WILL MAKE you aware of how to save the life of a new client born in another country every time … WE CAN HELP YOU

Before you speak to a prosecutor.

Before you go before a judge or jury.

FRANK & YORK CAN HELP YOUR CLIENTS:  Immigrants’ lives are on the line.

Frank & York, LLC

60 Park Pl Ste 1010   Newark NJ  07102

(973) 642-1111

www.ImmigrationLawNJ.com

LISTED IN BEST LAWYERS IN AMERICA and THE BAR REGISTER OF PREEMINENT LAWYERS

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AYITI – maybe now it’s time for Temporary Protected Status???

January 15, 2010 · Leave a Comment

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fighting for you, and global fighting too

December 21, 2009 · Leave a Comment

Holiday time, thus we have to recommend a great big book that encompasses the whole world, country by country, by its fighting arts … fascinating stuff …

Even if you are not a practitioner of martial arts, this work is a phenomenal study of cultures whose citizens consult with our firm

The Way of the Warrior is truly a way to understand how different nations and regions function through 300+ styles, from Muay Thai to Kung Fu to Amateur Wrestling to San Shou to Bando Yoga to Vale Tudo as well as so many forms of Karate, and a whole section devoted to the Ninja and Samurai …

We always talk about fighting for our clients and herein lies an amazing look at how things are done in their homelands …

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NEW DIGS

December 19, 2009 · Leave a Comment

we have been at SUITE 1010 at 60 Park now for about a month or so

it is really a nice new space & we invite any & all immigrants & their loved ones to visit

the decor is very pleasing & the attorneys are pretty good too

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FEDOR

November 8, 2009 · Leave a Comment

a quiet man who lives a simple life …. from another country … arrives in the US to work … and is probably the best in the world at his job …

except for maybe a Brazilian or a Canadian … but no American may currently make such a claim … at least that’s what I think

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Henry Cejudo

November 4, 2009 · Leave a Comment

For the longest time we have been meaning to post this one.

This is a man who was born in 1987.  He is the youngest American ever to have won an Olympic wrestling gold medal.

Jumped right from high school to USA wrestling.  Kind of a LeBron / Kobe thing

121 pounds.  Gold medal.

Son of a couple of Mexicans who — like millions of others — lived in the US without any legal status.

Wonder how Henry got his motivation?

 

 

 

 

 

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1,116,967

October 16, 2009 · Leave a Comment

According to the American Bar Association, that’s how many lawyers there are in the US.  

ONE MILLION, one hundred thousand, sixteen thousand, nine hundred and sixty seven.

FRANK & YORK has FOUR lawyers.

Unreal odds, huh?

 Remember, we do cases for immigrants residing throughout the US. For that matter, all over the world.

So it is actually more than the ratio cited above.

We have many Indian clients who could use local representation to assist them at the US Consulates. 

Guess how many attorneys there are in India?

A million.

And there are plenty of Brazilians near our office, relocating here from a nation with almost 600,000  lawyers.

Spain Italy Germany UK  100 thousand plus, each…

Add ‘em up and you’re talking more than 3 MILLION ATTORNEYS in just 7 countries.

We have FOUR lawyers. 

 

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