Immigration Litigation

educating our friends in the legal community

March 17, 2009 · Leave a Comment

Bob Frank recently lectured at two seminars for the New Jersey Institute for Continuing Legal Education:  “When Your Client Faces Deportation” and “Beyond the Family Part.”

These two conferences marked Bob breaking the “over 50 lectures” club.

Bob has always taken the time to personally assist hundreds of lawyers with cases in which they and their clients face difficult problems.

The 11,000 member American Immigration Lawyers Association recognized him with the prestigious Williamson Mentor Award at its National Conference a decade ago.

Assisting fellow attorneys has always been paramount in Frank & York’s goals, as we know that educating our colleagues will only serve to help them, and ultimately their clients.

We take great pride in making ourselves available to advocates within the Immigration Community.

FRANK & YORK, LLC

60 Park Place, Suite 1304, Newark, NJ 07102
Telephone: 866.IF-LAST-1    |    Facsimile: 973.642.0022
www.immigrationlawnj.com

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The client comes first

February 11, 2009 · Leave a Comment

What’s the biggest complaint about lawyers?

“They do not answer my calls and emails.”

Not only do we try our best to get back to clients at all hours, nights, weekends, etc.,  but we tell current and potential clients:

We know the immigration law.  If we can help you, we will take your case…   If not, we will warn you not to go get ripped off by someone who just puts money first.

AND we have a four attorney, two law student intern, one paralegal ratio for an important reason.

A team of lawyers will work to the best interests of the client.

Please feel free to contact us 973 642 1111 OR 866 IF LAST 1

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I REALLY want to stay here

January 9, 2009 · Leave a Comment

A woman came to see us today for consultation.

Sixty-seven years old.

She has lived here for more than TWO DECADES.

On numerous occasions, the woman made efforts to file for her green card through sponsorship by employers.

The applications fell apart due to one company going out of business or another selling to an organization that no longer wished to sponsor her.

No trouble with the police.  Lives quietly.  Pays her taxes every year with a real social security card that she received in the early 1990s.

She attempted to legitimately legalize her status and it just has not worked out. So she keeps taking menial jobs and holding out hope for the law to change.

And what could we tell her?  “Wait for a new law. “

AND NO MATTER WHAT, DO NOT BELIEVE ANYONE WHO SAYS THEY HAVE A SOLUTION.

Immigrants get swindled everyday by folks who mislead them into paying hard earned money to file applications that are doomed to fail and often result in deportation.

We sometimes say that all we would like on our website is “FRANK & YORK.  WE TELL THE TRUTH.  WE KNOW HOW TO HELP YOU.  IF WE CANNOT HELP YOU, WE WILL WARN YOU NOT TO RIPPED OFF.”

“Take a look at these hands. You don’t have to mention it.  No Thanks. I’m a Government Man. And the heat goes on…”

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I want to stay here

January 7, 2009 · Leave a Comment

Yesterday Harley York was interviewed by NJN NEWS.

The topic: 4200 deportations occurred in New Jersey in 2007, a 20% increase from 2006.  The law enforcement community has been empowered with a higher budget to do its job, which includes trying to remove aliens.

If you are not a US citizen, you are always AT RISK.  It’s not just those who do not yet have a green card; it’s also many legal residents alleged to have violated laws.

Everyone who comes to see us has one reason that they want to stay in the US.  THEY WANT TO WORK.  Their spouses, parents, and children, even grandchildren in some cases, are US citizens.

Many immigrants own businesses which employ US citizens.

In the NJN NEWS piece yesterday, the reporter spoke with a woman whose husband — and the father of their two children — was recently deported after ICE was called by local police after a traffic stop.

Of course, there are many strong legal arguments that may be available to those facing deportation.

For consultation, kindly call us at 973-642-1111  or  866 IF LAST 1

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I heard some words of wisdom the other day

December 12, 2008 · Leave a Comment

Harley York was on Telemundo NBC NY yesterday talking about how to get a green card through marrying a US citizen, when the immigrant enters without a visa.

Another topic covered was how to apply for a green card for a parent once a person naturalizes.

In both cases the bottom line is how to do right, which means (as always) calling an expert before trying to sort it out yourself.

We can be reached at 973-642-1111  or  866 IF LAST 1

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Performance of a Lifetime

October 15, 2008 · Leave a Comment

WE KNOW.  It’s supposed to be an Immigration Law Blog.  But every so often We (well, really, Harley) have to post about nonlegal topics.  So sue us.  And it IS immigration-related, an American film funded by a French company,  having received huge acclaim in Venice and Toronto.  Now it’s migrated back home.  AND THE MOVIE TAKES PLACE right near our office in New Jersey.
This one’s dedicated to two people:
Richard Schadle Doherty, Esq., who for a decade has encouraged Harley York to compose pieces that compete with his epics.  AND the late “Nature Boy” Buddy Rogers, Heavyweight Champion of the World in the early 1960s, whose advice appears at the end of this post.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

WHEN I consider the most extraordinary onscreen male performances in the last 40 years, some obvious ones come to mind. Nicholson in Cuckoo’s Nest.  Brando as The Godfather. Dustin Hoffman as The Graduate. Duvall in Apocalypse Now. Paul Newman as Cool Hand Luke.  Pesci in Goodfellas.  Robert Shaw in Jaws.  DeNiro as the young Godfather, Raging Bull, and Taxi Driver.  Belushi in Animal House, and Pacino in so many movies it’s impossible to name them all.

As far as I am concerned, Mickey Rourke has joined the list.
Darren Aronofsky’s The Wrestler lived up to the buzz. Rourke firmly deserves an Oscar nomination for his portrayal of Randy  “The Ram” Robinson.
For the first time, the tragicomic independent wrestling business is depicted exactly as it is, much like the bittersweet Boogie Nights portrayed the porn industry.  But where Boogie Nights was a great ensemble piece, The Wrestler is all Mickey Rourke. The Ram desperately clings to his past, willing to do whatever it takes to hang on, despite tremendous physical and emotional pain.
The character of Ram is devastatingly close to Rourke’s real life persona.  A big star who became an even bigger screwup.  After all, we are talking about a guy who turned down starring roles in The Untouchables, Beverly Hills Cop, Silence of the Lambs, Rain Man, 48 Hrs., Highlander, Platoon, and Pulp Fiction.
Rourke did all of his own stunts in The Wrestler but one.  He insisted.  After all, the professional wrestlers in the film had no stunt doubles.  And he bled plenty, too.
More important than his physical performance, it is Rourke’s ability to make you believe how real The Ram is.  Randy lives in a world that most see as nonsensical entertainment for children and idiots who eat dog food to save money to buy tickets, yet he lives for that world because it defines him.
Ram misses the thousands of voices who once chanted his name in unison, so he settles for the cheers of his few remaining fans.
Rourke claims to have gotten injured more during the weeks that he worked on the Wrestler than he did in eleven years of boxing.  As a professional fighter, he broke his nose, ribs, and cheekbone.  In playing a pro wrestler, he ended up needing three MRIs.
The film is about as far from a Hollywood blockbuster as one might imagine.  A modest commercial response would be expected.  But you never know.
Awarded Best Film at its premiere at Venice, the oldest film festival in the world, The Wrestler has been getting tremendous coverage as a movie in which Rourke will regain his stardom, much like Pulp Fiction did for Travolta.
I concluded it was well worth forty dollars to attend closing night at The 46th Annual NY Film Festival at Lincoln Center, since October 12 was my one and only chance, until the American theatrical release of The Wrestler in two months.
Lincoln Center and South Philly’s ECW Arena attract vastly different crowds.  I hazard a guess that less than 27 of the 2700 people in the audience at The Wrestler two nights ago have set foot in both venues.  I am proud to say that I am one of them.  A few of you  may have viewed ECW matches at the infamous Arena in its heyday (94-97).  The place was like the CBGB’s of wrestling.  One unbelievable scene in this movie was filmed there.
The event was very surreal.  I sat in a Chute Boxe Brazilian Fighting Team hoodie, surrounded by Manhattanites in their fine evening attire. A notable exception was a fellow and his wife, who proudly wore matching tee shirts honoring the late Chris Candido.
The tenor of The Wrestler is sad, interspersed with bits of humor.  Its tale of a man who endures agony every day for a few minutes of glory on Saturday nights in tiny gyms speaks to you on a level that is eloquent and touching.
Darren Aronofsky, the director (who I discovered is my age), spoke before the film was shown.  He noted how humbled he was, a kid from Brooklyn, addressing a packed Avery Fisher Hall.  The director praised his screenwriter, Robert Siegel, who joined him at the podium.
Evan Rachel Wood, Marisa Tomei, and finally, Mickey Rourke walked on to the stage, to much applause.  A standing ovation would occur at the end of the night.
Incidentally, Wood did a very nice job as Ram’s estranged daughter. Former Oscar winner Tomei was outstanding as a stripper whose life becomes entwined with Randy’s.
Necro Butcher, the wrestler who appeared as himself in a most violent sequence, was not introduced to the audience.  His absence disappointed me.  It’s not every day you get to see one the most disgusting human beings on the planet in person, particularly among a sartorially splendid crowd of film buffs.
I do not want to give away much about the movie itself.  Awards notwithstanding, reviews thusfar have been overwhelmingly favorable, with only a few critics cynically knocking what they perceive to be The Wrestler’s formulaic approach.  However, Rocky was a lot more sentimental than this film, and Stallone not only was nominated for Best Actor but won Best Picture for a script he wrote.
This one ain’t Rocky or Rudy or The Karate Kid. The “garbage” wrestling sequence, complete with the usual barbed wire, glass, ladders, tables, thumbtacks and staple guns, sent some ladies running for the exits.  There are a few other bloody spots as well.
But what stays with you after you leave the theater is not the violence.  It’s the effect that Ram has on you.  Rourke is compelling as a figure mired in desperation, willing to make unbearable sacrifices for the stardom he once enjoyed on a much larger platform.
The Wrestler will be released on December 19.
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“F**k your friends. Be nice to your enemies, because then they will become your friends,
and you can f**k them too.”
-   Pro Wrestling’s original Nature Boy, Buddy Rogers (1921-1992)
Despised by peers and fans throughout his career  (Honored later on)

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(in)citing wikipedia

September 3, 2008 · Leave a Comment

Wikipedia.  Who doesn’t use it?  There are Wiki links on this blog.

Well, a blog is one thing.

But citing Wikipedia to support a legal argument?  The US Court of Appeals for the Eighth Circuit does not think that this was such a great idea.

The other day, the Eighth Circuit ruled that the Department of Homeland Security should not have used Wikipedia as a source in prosecuting a deportation case.

After all, the Court notes, “Wikipedia describes itself as “the free encyclopedia that anyone can edit.”

With all due respect to the government (and Wikipedia, for that matter), perhaps it is best to stick to tradition.

Typically, legal arguments (particularly in immigration litigation) are based upon statutes, regulations and precedential decisions.  These sources cannot be edited by “anyone.”

The adventures continue . . .

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Rules of Engagement

August 11, 2008 · Leave a Comment

Harley York recently appeared on the Six O’ Clock NBC NY/NJ Telemundo News.

Topic: Fiancee Visas (K-1s).

Rule:  After the Visa is approved, the person must marry the American Citizen who petitioned for him, within ninety days of entry into the US.

Aftermath: File the green card application.

Warning: Trying to do this without a very good immigration law firm is enough to make your head spin (which is essentially what Harley said on the News).

That is all.

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WHEN NOT TO VOTE

July 16, 2008 · Leave a Comment

If you, or someone you love, is filing for a green card now or in the future, listen up.

Voting (or even registering to vote) if you are not a US citizen is a bar to getting a green card.

Now, how can an immigrant accidentally register to vote?

Last week’s Trenton Times notified the public to ignore websites that offer to register them to vote for a fee.

After all, voter registration is free.

One such site charges ten bucks, and sets up people to submit personal information. Bad enough they take your money, but worse, these jokers send you a form that must be mailed to the government. AND THEY DON’T WARN IMMIGRANTS WHAT THE LAW SAYS.

Many foreign nationals have retained FRANK & YORK’S services, when facing immigration troubles because they inadvertently voted or even registered to vote.

AND just to really be clear: there are criminal penalties for voting when you are not a US citizen.

Citizenship is a requirement for voting.

You can be deported if you vote without being a US citizen.

Back in law school, they taught us this fancy Latin phrase, “Ignorantia juris non excusat.”

Ignorance of The Law is No Excuse. And this Law, like most of the Immigration Laws, is confusing.

Any questions? Call 866 IF LAST 1

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wherefore plea bargains?

July 14, 2008 · Leave a Comment

  • ANY person, residing in the US
  • BESIDES an American citizen, accused of a
  • CRIME, must always remember that
  • DEPORTATION possibilities
  • EXIST, in all cases

A recent New York Times piece, “An Interpreter Speaking Up for Migrants,” discusses an essay published by Professor Erik Camayd-Freixas.

Camayd-Freixasa court translator for more than 20 years – wrote about his recent work at trials for 400 (mostly Guatemalan) people in Iowa.

Rounded up in a raid, these folks were brought to a criminal court instead of what typically occurs: deportation hearings.

The Times reported that 262 immigrants pleaded guilty within a week. They were given prison time for knowingly using fake documents to obtain work.

However, Camayd-Freixas observed that these people could not have “knowingly” committed crimes. The immigrants were not even aware that they were in a criminal court.

These latest events underscore the importance of proper representation for foreign nationals.

At Frank & York, we have represented thousands of aliens in Immigration Court.

We have also served in the role of expert co-counsel for criminal attorneys who must contemplate the immigration consequences of plea bargains.

The Iowa cases exemplify the current climate in the judicial system as pertains to immigrants.

As we have stated before in posts on our blog, “Now, more than ever, it is a very good idea to know a qualified immigration lawyer.”

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