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Where have my dreams have gone?

Posted on December 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I was just a little child when my parents came to the United States with my family. Our visas expired and I have been out of status for many years. I have done very well in high school and now want to attend college. Eventually, I want to become a doctor. However, at every turn is my illegal status. Unfortunately, colleges do not want to take me because I am here illegally. Now I have to work menial jobs and cannot realize my dreams of becoming a doctor and helping people. What can I do?

Answer: There may be a Bill in Congress that could soon become law. It is very much made for persons in your situation. Persons that are victims of the immigration laws and are stuck with nowhere to go. It is known as the DREAM Act. Last week it was in the Senate Judiciary Committee. By marking up and passing the DREAM Act (S. 1545), the Senate Judiciary Committee took an important step to remove one of the barriers that deserving children face in their quest to attend colleges and legalize their status in the United States.

The DREAM Act would return to the states the authority to determine who qualifies for in-state tuition. The bill also would legalize the status of those young people who meet certain criteria, including having good moral character and having lived in the U.S. for at least five years preceding the Act’s passage.

America benefits when all people have the opportunity to contribute to society and the economy. The DREAM Act will facilitate that opportunity for deserving kids, by removing some of the barriers to their attending college and gaining legal status. It not only makes economic sense, but it is the right thing to do.

Question: Did this Bill pass by a wide margin?

Answer: By a 16-3 vote, the Senate Judiciary Committee passed the DREAM Act (Development, Relief, and Education for Alien Minors Act of 2003), despite the strong efforts of restrictionists on and off Capitol Hill to defeat this measure. However, the bill passed only after the Committee approved a damaging amendment.

Question: Is the DREAM Act law?

Answer: No, not yet. Now it must go to the House to act on companion legislation, the Student Adjustment Act (H.R. 1684), introduced by Representatives Chris Cannon (R-UT), Howard Berman (D-CA), and Lucille Roybal-Allard (D-CA).

However, it does seem there is momentum for this Bill. Thus, we will see if it is passed. However, if you are in a situation where you need to have this type of legislation, help may soon be on its way.

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What new Bills are on the Horizon?

Posted on December 2, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that there are a large number of new immigration bills that are in Congress. Can you give a summary?

Answer: Yes, there are a significant number of bills. Whether they actually become law will only be determined by time. However, it does appear that there should be a significant number of changes in the coming year. Below are just a few of the bills introduced.

The Uniting American Families Act or the Permanent Partners Immigration Act: Introduced on June 21 by Senator Patrick Leahy (D-VT), S. 1278 would provide a mechanism for U.S. citizens and lawful permanent residents to sponsor their permanent partners for residence in the United States. S. 1278 defines the term “permanent partner” to mean an individual 18 years of age or older who (a) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment; (b) is financially interdependent with that other individual; (c) is not married to or in a permanent partnership with anyone other than that other individual; (d) is unable to contract with that other individual a marriage cognizable under the INA; and (e) is not a first, second, or third degree blood relation of that other individual. The bill is companion legislation to H.R. 3006 below.

The Unaccompanied Alien Child Protection Act of 2005: Introduced on January 24, 2005, by Senator Dianne Feinstein (D-CA), S. 119 would build upon the Homeland Security Act, which transferred the care and custody of unaccompanied alien children from the former INS to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR). Among other things, the bill would ensure that unaccompanied alien children have access to counsel; give ORR the authority to provide guardians to such children; establish minimum standards for the care and custody of unaccompanied alien minors; and strengthen policies for permanent protection of unaccompanied alien children. The bill is similar to legislation that Senator Feinstein introduced in the 108th Congress.

The Civil Liberties Restoration Act: Introduced on April 6 by Representative Howard Berman (D-CA), H.R. 1502 seeks to roll back some of the most egregious post-9/11 policies and strike an appropriate balance between security needs and liberty interests. Among other things, H.R. 1502 would secure due process protections and civil liberties for non-citizens in the U.S., enhance the effectiveness of our nation’s enforcement activities, restore the confidence of immigrant communities in the fairness of our government, and facilitate our efforts at promoting human rights and democracy around the world.

The Secure America and Orderly Immigration Act: Introduced on May 12 by Senators John McCain (R-AZ), Edward Kennedy (D-MA) and others, S. 1033 would comprehensively reform our immigration laws so that they enhance our national security and address the concerns of American businesses and families. Among other things, the bill would establish a break-the-mold new essential worker visa program (the H-5A visa) while also providing a mechanism by which eligible undocumented immigrants present in the U.S. on the date of the bill’s introduction could adjust to temporary nonimmigrant (H-5B) status; promote family unity and reduce backlogs; call for the creation and implementation of a national strategy for border security and enhanced border intelligence; create new enforcement regimes; and promote circular migration patterns. House companion legislation (H.R. 2330) was introduced on May 12 by Representatives Jim Kolbe (R-AZ), Jeff Flake (R-AZ), and Luis Gutierrez (D-IL).

The Agricultural Job Opportunities, Benefits, and Security (AgJobs) Act of 2005: Introduced on February 10, 2005 by Senators Larry Craig (R-ID) and Edward Kennedy (D-MA), S. 359 would create an earned adjustment program for undocumented farm workers who would be eligible to apply for temporary immigration status based on their past work experience, and could become permanent residents upon satisfying prospective work requirements. The legislation would also streamline the existing H-2A foreign agricultural worker program while preserving and enhancing key labor protections. Representatives Chris Cannon (R-UT) and Howard Berman (D-CA) introduced a companion measure in the House (H.R. 884). The bill is similar to legislation that the two Senators introduced in the 108th Congress.

The Save America Comprehensive Immigration Act of 2005: Introduced on May 4 by Representative Sheila Jackson Lee (D-TX), H.R. 2092 would, among many other things, increase the allocation of family-based immigrant visas; provide age-out protection for children; provide earned access to legalization; provide adjustment of status for certain children; update the registry provisions; and enhance border security.

We have fought long and hard to try to get reform of unfair immigration laws, and hopefully, this will be the year that much of the positive reform happens.

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The New Year’s Hope for Immigration

Posted on November 19, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been fighting my case for some time and yet do not have anything. What can I do?

Answer: As the year comes to an end, you need to try to give thanks for what you do have and then start again after the New Year. I am sure that you can appreciate and understand that practically everything is getting more difficult at Immigration. Whether your case is in Immigration Court, on Appeal to the Board of Immigration Appeals or the Circuit Courts or in front of USCIS, things are taking longer. Whether you have a Labor Certification or are applying for a Religious Visa, or a multitude of other types of visas, everything has gotten harder. Whether you are applying for a particular kind of Waiver or relief in Immigration Court, the evidence needed to present is much more than it used to be.

Therefore, you must keep fighting and you must keep your hopes up high. No matter how hard it is to get what you want from Immigration, you can always make a better case than before and you can always submit more evidence. We as a people cannot let the forces at Congress, USCIS, BICE, BCBP, and DOL or any other government agency drive immigrants and nonimmigrants away. If we permit the forces against the natural flow of immigration to win, then the United States will become the opposite of a land of dreams. It will become a land that will become unwelcoming.

As an immigration attorney, I am committed to keeping the fight going. Since IIRAIRA passed in 1996, lawyers across the U.S. have fought against provisions that were hurtful and spiteful to immigrants. Slowly, bit by bit, we have had successes to show that certain parts of legislation aimed against immigrants were unfair or unconstitutional. Now, there are more cases in Circuit Courts across the U.S. that are immigration related than ever before. The Circuit Courts are inundated with immigration cases because we must keep appealing and keep fighting what are laws that are aimed to deprive the immigrant of their dreams. If we give up, then we are validating the unfair laws, the discrimination, and the laws that will keep immigrants out of the U.S.

Therefore, do not despair that it is taking a long time to resolve your visa or your status. Keep in mind that there are multitudes of people in a much worse situation than you. There are people whom did not have anyone to fight for them and have been deported; had their appeals denied; had their Labor Certifications denied or had their relief denied. However, as long as you have an immigration attorney fighting for you, keep up your hope. It is only the fighting by that immigration attorney and other immigration attorneys across the country that will eventually prevail against antiquated laws and the discrimination against immigrants that exists by some of Congress.

It is almost New Year’s. Let’s give thanks for our health and our family. Let’s give thanks that we are still in the U.S. fighting to stay and fighting to get what is deserved. Let’s look at the people who did not win and hope that someday they have a successful return to the U.S. Hope is a powerful emotion and all of us can have hope to get what we eventually want.

I would like to wish all of my readers a Happy and Prosperous New Year’s and a hope that next year will give each and everyone of you prosperity and happiness.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling    (866) 495-0554    or    (562) 495-0554   . The Firm website is www.californiaimmigration.us.

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Are H-1B’s and H-2B’s used up yet?

Posted on November 17, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

 Question: I have heard that H-1B’s and H-2B’s are going quickly. Are they used up yet?

Answer: The DHS recently published numbers of H-1B’s and H-2B’s currently used. The H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. businesses and other organizations to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The current annual cap on the H-1B category is 65,000. It appears that for non advanced degree holders, the cap of about 58,000 has approved over 22,000 and has about 30,000 pending. This means there are only about 5,000 left. You should get your H-1B in right away.

However, if you have an advanced degree, there was an extra 20,000 H-1B’s allocated. For the rest of the 2005 fiscal year, there have been about 10,300 that have been approved. Thus, there is still a reasonable amount left. For the fiscal year of 2006, there have already been about 8,000 used up.

The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

Of the 35,000 left until October 1, 2005, about 16,000 have been used. There have only been about 300 used up for the first half of 2006. Therefore, there seems to be quite of bit of H-2B’s left.

Question: Do you think there is any problem with filing an H-1B or an H-2B at this time?

Answer: You never know how soon all of the visas will be used up. There are people across the U.S. who are aware that there is a limit on these visas and are trying to get their visas in right away. Therefore, you should have your visa petition prepared right away to ensure you get in this years allotment. All kinds of status problems could occur if the allotment is used up and your stay in the U.S. expires afterwards.

Question: Should we file the H-1B and/or H-2B with premium processing?

Answer: Definitely. You never know if your application will be filed one after the last one. Therefore, to ensure your chances, pay the $1,000 premium processing fee and have peace of mind.

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Are H-1B’s gone yet?

Posted on November 13, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a Masters Degree in Business Administration and want to obtain an H-1B. Are they all used up yet?

Answer: The U.S. Citizenship and Immigration Services (USCIS) announced on May 24, 2005, that it has received approximately 6,400 H-1B petitions that will count against the Congressionally-mandated 20,000 cap exemption for fiscal year 2005 established by the H-1B Visa Reform Act of 2004. This would be for people with advanced degrees (not the normal type of H-1B.) The USCIS published an interim final rule on May 5, 2004, implementing the new H-1B cap exemption for foreign nationals holding U.S.-earned advanced degrees, pursuant to the H-1B Visa Reform Act of 2004. The Act exempts 20,000 H-1B visa numbers from the overall H-1B cap for foreign nationals holding masters or higher degrees from U.S. universities. Petitions seeking Fiscal Year 2005 H-1B visa numbers under the exemption received on or after May 12, 2005, will be accepted for filing.

The new regulations, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The regulations make available 20,000 new H-1B visas, only for foreign workers with a minimum master’s level degree from a U.S. academic institution, in addition to the Congressionally-mandated annual cap of 65,000 H-1B visas.

Question: About how many more remain this year for the advanced degree holders?

Answer: About 13,600 slots remain available for fiscal year 2005 (which ends on September 30, 2005). Only foreign nationals holding masters or higher degrees from U.S. universities are eligible for one of these numbers. Because the 65,000 cap has already been reached, H-1B employers seeking the services of foreign nationals who do not hold such degrees are restricted to filing petitions for a FY 2006 number (i.e., for employment commencing on or after October 1, 2005) unless a different cap exemption is applicable (e.g., the employer is an institution of higher education). Note that a new 20,000 cap exemption will apply for FY 2006. The USCIS will exempt the first 20,000 petitions for H-1B workers who have a master’s degree or higher from a U.S. institution of higher learning. After those 20,000 slots are filled, the USCIS will apply petitions for H-1B workers with a master’s degree or higher against the annual cap of 65,000. As a result, once the 20,000 numbers are used, an initial petition for an advanced-degree worker will be approved only if a number is available within the general 65,000 cap or the case is not subject to the cap under a different exemption (i.e., the employer is an institution of higher education).

Question: My friend has had an H-1B for almost 6 years and has had a Labor Certification pending for over 1 year. I heard you can only have an H-1B for 6 years maximum. What is he to do?

Answer: Post-Sixth Year H-1B Extensions Based on Long-Pending Permanent Residence Papers under what is known as AC-21 § 106(a)) allows for an extension if a labor certification or employment-based petition has been filed on behalf of the alien and remains pending for 365 days. Note the following issues clarified by the 2005 memo. Combined standard and post-sixth year H-1B extensions permitted. To obtain a post-sixth year H-1B extension, there is no need for the foreign national to first request an extension of time through the completion of his or her initial six years and then request an additional extension of time beyond the six-year limit. The petitioner can request an extension that combines the remaining time in the initial six-year H-1B period and post-sixth year time. Post-sixth year time can only be granted in one-year increments, and the total period of extension cannot exceed three years.

Question: When should the extension be filed?

Answer: The post-sixth year extension request can be filed prior to the passage of 365 days from the filing of a qualifying labor certification or I-140 petition, as long as the qualifying labor certification or I-140 petition has or will have been pending for 365 days prior to the foreign national’s requested extension start date. However, the extension will not be granted if the foreign national will not be in H-1B status at the time that the 365 days have elapsed, i.e., where there is a gap in status.

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Act NOW or it might be too late!

Posted on November 9, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that Congress will finally be passing some type of new comprehensive Intelligence Bill. But at the same time, I have heard that there are various immigration provisions that will also be passed. Are these items related?

Answer: Unfortunately, in order to get certain congresspersons to help to pass a major reform bill, there is a great deal of back door negotiating. In this bill, it is no different. The provisions that they have requested go into this bill regarding immigration are draconian and will hurt immigrants.

Question: Is it law yet? Is there anything anyone can do to stop the immigration provisions from going into the bill?

Answer: No, it is not law yet. When Congress returns to session, your Senators and Representatives may be voting on intelligence reform legislation. Whether that legislation includes anti-immigrant and anti-civil liberty measures could be up to you! Join pro-immigration groups across the country this week and contact your Senators and Representatives through the Congressional Switchboard (202-224-3121) and through Contact Congress. Congressional offices are reporting that calls and letters in support of these ill-conceived measures are coming into their offices. Now, it is up to all of us to make sure that we make our voices heard and send a letter or e-mail or simply call our congressional representative.

Along with your own Members of Congress, please contact the following Members of Congress by phone: Speaker of the House Dennis Hastert (R-IL) at 202-225-2976. Representative Hoekstra (R-MI) at 202-225-4401. Representative Harman (D-CA) at 202-225-8220. We need to thank her for her leadership and urge her to hold firm. Senator Collins (R-ME) at 202-224-2523. We need to also thank her for her leadership and urge her to hold firm. Senator Lieberman (D-CT) at 202-224-4041. We need to thank him for his leadership and urge him to hold firm.

After calling your Members of Congress, you can also write to them using Contact Congress to urge them to oppose the anti-immigrant provisions in the proposed Intelligence Reform legislation.

President Bush also needs to hear from you because he has said that he will work to get a bill passed this year. It is important that you contact him by phone and email a letter to urge him to support an intelligence reform bill that does not include these negative provisions. Contact the White House by phone at 202-456-1111.

It may seem that a single person cannot make a difference. However, if each of us tries to take this small step, it could make all the difference in the end.

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I thought H-1B’s were dead!

Posted on November 5, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that H-1B’s were all used up for this fiscal year on the very first day. I have my Masters in Business Administration and was hoping to get an H-1B. Is there anything I can do?

Answer: Actually, there have been new H-1B provisions which have been passed by both the House and the Senate. It is simply awaiting signature by the President of the United States to make it law. It was actually passed inside of an Omnibus Budget Bill.

The new H-1B laws are entitled the ‘H-1B Visa Reform Act of 2004’. Now an employer must pay $1,500 to have an H-1B petition filed. If the employer has less than 25 employees, then the employer will only be required to pay $750.00. Additionally, there is a ‘Fraud Fee’ for both H’s and L’s of $500. Apparently, there is a big concern about fraudulently filed H’s and L’s and now everybody who files such applications must pay $500 which will go to a specific unit to investigate such fraud.

Next, the prevailing wage to be paid must be 100% (not 95%) of what is normal for the industry. However, the law now mandates that instead of the currently listed two tier wage for experience, there should be a four tier level of experience to determine the wage.

The Department of Labor will be able to conduct and initiate investigations into what it believes are employers violating the H-1B provisions.

In regards to your situation, now people who earn Master’s or higher degree from a U.S. institution are now exempt from the H-1B cap. There is a limitation of 20,000 per year for this exemption. Thus, assuming this is signed into law, it would help you for the next fiscal year. This is certainly a step in the right direction.

Question: There are certainly a lot of fees that have been added. Where are all of those fees going to go?

Answer: The distribution of money will be as follows: Job training- from 55% to 50%; Scholarship program- from 22% to 30%; National Science Foundation grant program for K-12 Math. Science and Technology education- from 15% to 10%; DHS processing from 4% to 5% and DOL processing maintained at 5%. The scholarships for computer science or other technology or science programs are increased from $3,125 to $10,000.

The most important provisions changing the H-1B program seem to be the exemption of persons with Master’s and higher education in the U.S. This will actually free up 20,000 more H-1B’s per year for everyone else. While this is not nearly enough, it is certainly a good start.

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Is my appeal useless?

Posted on October 27, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I lost at the Immigration Court level. I appealed the decision about six months ago to the Board of Immigration Appeals (BIA). Now, I just received a decision of the BIA. The entirety of the decision essentially states that the case is denied without giving any reasoning whatsoever. There is nothing else written on the decision. There is no reasoning to the opinion and no discussion as to why it was affirmed without an opinion. I do not know what to do at this point. I do not know how I can appeal as I cannot tell why the BIA denied the case. Can you help?

Answer: Unfortunately, it is becoming more common for the BIA to issue decisions in this manner. It is very unfair as it does not discuss any merits to the appeal, nor does it discuss why they agree with the Immigration Judge. This is a practice that has become all but common.

Over the past several months, the courts of appeals have issued several decisions directly (and indirectly) addressing the BIA’s summary affirmance without opinion (AWO) procedure. The AWO procedure allows a single BIA member to affirm the underlying immigration judge’s decision, without giving any reasons and without adopting the reasoning of the immigration judge.

To date, all of the courts to address AWO’s have turned aside challenges to the validity of the regulations. Nonetheless, most of the published decisions do not foreclose all challenges to AWO’s. Many of the AWO-related court decisions address only limited aspects of the AWO procedure or are limited to the facts of the case.

Question: Does this mean that I should appeal to the Circuit Courts?

Answer: Yes, you should do what is known as a Petition for Review to the Circuit Courts of Appeal. While people have been trying for months to get the AWO overturned, there have not been any conclusive decisions on this matter. Therefore, it is necessary to read closely the controlling cases in your circuit and argue for a narrow interpretation of the AWO cases.

In particular, one argument that has not been foreclosed is that the BIA failed to comply with its own regulations because the case did not meet the criteria for an AWO decision.

Essentially, the BIA member must find that the case satisfies three regulatory criteria before he or she can issue an AWO decision. Specifically, the BIA member must find 1. That the result reached by the immigration judge was correct; 2. That any errors in the decision below were harmless or nonmaterial; and either 3. (a) That the issue on appeal is squarely controlled by existing Board or federal court precedent and does not involve the application of precedent to a novel fact situation; or (b) That the factual and legal questions raised on appeal are not so substantial that a written decision is warranted.

In order to show that the BIA is not complying with its own regulations, it is important to brief fully the merits of your case. Thus, although there necessarily will be additional reasons for remanding the case to the agency, urge the court to remand for the reason that the BIA member did not comply with the AWO regulations.

Therefore, while it will not be easy, you should not give up and keep fighting to try to get the summary decision without opinion overturned. Otherwise, the BIA will simply be a rubber-stamp for whatever the judge did and not a real appellate body.

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Is there any law coming to help undocumented workers?

Posted on October 22, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard a lot about upcoming immigration reform and bills to help immigrants obtain jobs. However, I know many people who have been working under the table for a very small wage. Do know what laws may be coming and how they might help immigrants?

Answer: There has been the introduction in the Senate of the first comprehensive immigration reform bill introduced in Congress. Other bills are expected to be introduced shortly. One such proposal is centered on an uncapped temporary worker program intended to “match willing foreign workers with willing U.S. employers when no Americans can be found to fill the job.” The program would grant program participants temporary legal status and authorize working participants to remain in the U.S. for three years, with their participation renewable for an unspecified period. Initially, the program would be open to both undocumented people as well as foreign workers living abroad (with the program restricted to those outside of the U.S. at some future, unspecified date).

American employers would have to make reasonable efforts to find U.S. workers. Under this proposal, participants would be allowed to travel back and forth between their countries of origin and “enjoy the same protections that American workers have with respect to wages and employment rights.” The proposal also includes incentives for people to return to their home countries and calls for increased workplace enforcement as well as an unspecified increase in legal immigration.

Question: Are there any more bills?

Answer: The Immigration Act of 2004 also includes a “Willing Worker” program that revolves around a needed reform of the current H-2B program and the creation of a new H-2C program. The bill reforms the H-2B program as follows: it caps the program at 100,000 for five years, after which the numbers revert to 66,000; admission of H-2B visa holders is limited to nine months in any twelve-month period (with a maximum of 36 months in any 48-month period); and, with some exceptions, it does not allow portability. The new H-2C program is a two-year program

renewable for another two years. It is capped at 250,000 annually, and sunsets five years after regulations are issued. Portability is allowed after three months, with exceptions for earlier transfers allowed under certain circumstances. An attestation is required for both visas, with employers having to meet certain U.S. worker recruitment requirements. Dual intent is allowed in both visas and derivative status is available for both as well.

Thus, if these two reform bills go through, there will be a significant boost to the legal jobs available to people in these situations.

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Immigration Article: Can I be deported?

Posted on September 30, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been out of status for a number of years. Currently, I have a couple different petitions going forward. Once is a sibling based family petition, and the other is an employment based Labor Certification. I was told that it would take about another three to four years to be able to adjust my status to that of a Lawful Permanent Resident. There have been many news stories of people begin picked up by INS and deported, I am afraid for myself, my wife and my children. Can I just be deported?

Answer: Under most circumstances, the answer is no. Because you are here in the United States, you are allowed the opportunity to go in front of an Immigration Judge. Only if you had a previous deportation order can INS just take you and deport you without giving you a hearing. It is your constitutional right. Unlike many other countries around the world, even if you are not a citizen or a lawful permanent resident of the United States, you are entitled to due process. This means that you have an opportunity to present your case, to question witnesses, to cross examine witnesses who testify against you, to apply for relief or ways of staying permanently in the United States and to appeal decisions of the Immigration Judge that you are not satisfied with.

Question: What exactly might happen?

Answer: Each case is different. However, if you are targeted by INS, you should be served with what is known as a Notice to Appear. This is the beginning of the process. You might be taken into custody upon which you would be able to try to get a Bond Redetermination Hearing to get bonded out or become free while the immigration case is going forward. Then, over the next six months to two years, you will present your case in front of the Immigration Judge with the hope of winning.

Question: Am I entitled to an attorney?

Answer: Yes. You have every right to have an attorney represent you through these proceedings. However, unlike criminal cases, you must pay for the attorney to help you. The State will not provide one free of charge.

Question: How can the U.S. Constitution protect someone in my position?

Answer: Because the U.S. Constitution gives people their rights as free persons in this country. If the U.S. Government were to just pick someone up and deport them, there would not be any safeguards against possible mistakes they may make. Also, the law allows people who are out of status to obtain their Green Cards based upon certain criteria. The government allows you to present that evidence. Just remember that this is the best country in the world to live in (no offense to those people elsewhere) and one reason it is such a great place to live is because individual rights are valued and treasured by our Constitution.

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