Category: Lawyer

How to Report Immigration Scams

7/28/2022

Often we talk to someone who was a victim of immigration scam. For example, a notary (notario) helped to complete immigration paperwork and apply for immigration benefits that the person was not eligible for, of submitted a frivolous application for political asylum, which contained false information and was later denied. Or assisted in commuting "marriage fraud" to numerous other clients, and an innocent couple who was assisted by the same "notario" got their case denied and placed under investigation.

Please remember that in the United States only a licensed attorney (a lawyer) is authorized and qualified to give you legal advice, help with your immigration applications, forms, etc.

A Notary Public is not an attorney. To become a notary, a person has to pass a simple test, but doesn't have to be a lawyer, doesn't even need a college degree! (It is very different in Russia, Belarus, Kazakhstan, Ukraine, Europe or Latin America, which is why it is confusing to immigrants from those countries).

For convenience of their clients, many lawyers also hold a license of a Notary Public in their state. However, these lawyers are licensed attorneys.

Please do not be fooled by people who offer to help with your immigration paperwork for "reduced fee". Or offer your "free legal advice". As they say, free is only the cheese in the mousetrap.

How to report scam to USCIS: https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/report-immigration-scams

Reporting immigration scams will not affect your immigration application or petition.
Please help stop the unauthorized practice of immigration law by standing up to scammers and reporting them. Also, many states allow you to report scams anonymously.

How to Report Immigration Scams

Report the scam to your state consumer protection office. See the table below for state-specific information.
If you lost money or other possessions in a scam, report it to your local police, too. To learn more about where to report fraud and scams, visit USA.gov’s Common Scams and Frauds webpage.
You can always report scams to the Federal Trade Commission. In the table below, we've included information on where to report scams in your state and links to the laws that protect you as a consumer.
Scam Websites and Social Media AccountsSome websites and social media accounts claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. To report a website or social media account that claims to be affiliated with USCIS, send an email to uscis.webmaster@uscis.dhs.gov.

Briefly in Russian:

Нередко нам приходится помогать людям, которым до нас "помог" нотариус или "иммиграционный консультант", и в результате испортил их шансы на получени грин карты и гражданства.

В США нотариусы не имеют право оказывать юридические услуги, в том числе иммиграционные услуги, такие как подача заявления на полит убежище и разрешение на работу. Для оказания таких услуг нужна лицензия адвоката (а не нотариуса).

В США нет иммиграционных консультантов (как в Канаде, например), которые в тоже время не являются юристами. В США только юрист может быть адвокатом и оказывать юридические услуги, в том числе иммиграционные услуги.

Если вам так "помогли", вы можете пожаловаться властям штата или федеральтным органам власти. Это не будет использовано против вас, но сможет остановить такого "помощника".

Информация от USCIS по линку.

Информация по отдельным штата тут по линку - State consumer protection.

Будьте осторожны и всего доброго!

0 Comments

USCIS Local Field Offices are Closed Until April 7, 2020, will be extended. Our Law Office is Open.

3/19/2020

0 Comments

During COVID-19 pandemic, our virtual online immigration law office remains OPEN.

A phone or video conference appointment with an attorney can be scheduled by emailing us.

On March 18, 2020, the United States Citizenship and Immigration Services announced the temporary closure of its local field and asylum offices as well as its application support centers. The closure will remain in effect until at least April 1, 2020.

On March 25th, temporary closure of USCIS local offices was extended to April 7th 2020, unless the public closures are extended further. This includes interviews, naturalization ceremonies and biometric collection appointments. However, USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.
USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by the public closure. USCIS will also send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies, and will reschedule all applicants when USCIS resumes normal operations.

USCIS will post and update COVID-19 information here.

However, USCIS Service Centers remain open and cases are being processed.

We will continue to file new petitions with USCIS as well as continue to meet all deadlines. At this time, USCIS has not modified any deadlines or filing requirements.

We will continue to monitor and provide updates at https://law-visa-usa.com/blog-usa-immigration-law-updates.html

0 Comments

How to Apply for a Fiancee K-1 Visa

12/17/2018

0 Comments

What is a fiancée K-1 and K-2 visa? Who can apply? What is the process, timeframes and the costs?
The fiancée K-1 nonimmigrant visa is for the foreign national fiancée of a United States citizen. Only a U.S. citizen can petition for his or her foreign fiancée. A U.S. citizen can file a fiancée visa petition only after they have met in person in the previous two years: meeting each other online or through a video chat or messenger is not enough. The purpose of a K-1 visa is for foreign citizen fiancée to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
The foreign fiancee will then apply for adjustment of status (aka “green card”) with the USCIS at the Department of Homeland Security. This is a separate legal process.
K-1 visa is a non-immigrant visa. However, because a fiancée visa is intended to help a foreign national to immigrate to the U.S. and allows him or her to apply for a green card after marriage to a U.S. citizen petitioner shortly after arrival in the United States, the fiancé(e) must meet most of the requirements of an immigrant visa.
K-2 visa is a fiancée visa for eligible children of K-1 visa applicant (unmarried children under 21).
As of 12/2018, current processing times are approx. 5 to 7 months for a I-129F Petition, plus additional 3 to 6 weeks for the NVC stage, plus additional 1-3 months for a visa application process (varies depending on a Consulate and your own readiness).

The First Step: Filing the Petition, USCIS Form I-129F
(1) The U.S. citizen fiancé, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS. Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
(2) When USCIS approves the I-129F petition, it is sent to the National Visa Center (NVC). The NVC will assign a new a case number and directly forward the approved fiancée visa petition to the U.S. Embassy or Consulate where a foreign fiancée will apply for a visa.

The Second Step: Applying for a Visa
The NVC will mail a letter with a new case number after it sends a fiancée visa case to the U.S. Embassy or Consulate. Once you receive this letter, it is time to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Children are included into the I-129F petition. However, separate visa applications and visa fees are required for every child.

Required Documentation The foreign national fiancée and eligible children applying for K-2 visas will be required to bring the following forms and documents to the visa interview:

Completed Form DS-160, Nonimmigrant Visa Application. Each K-1 and K-2 visa applicant must: (1) complete Form DS-160 online, (2) pay a visa fee, and (3) print the DS-160 confirmation page to bring to a visa interview.
A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S.
Divorce or death certificate(s) of any and all previous spouse(s) for both you and the U.S. citizen petitioner.
Police certificates from your home country and all other countries where you have lived for six months or more since age 16 (Police certificates are also required for a foreign fiancée and all accompanying children age 16 or older)
Medical examination (for K-1 and K-2 visa applicants)
Evidence of financial support (Form I-134, Affidavit of Support, and proof of sponsor’s employment and income usually are required). There is no extra fee for the Form I-134. For a fiancée visa, the Affidavit of Support, Form I-134, is required. There is another Affidavit of Support, Form I-864, which will be required later, when you apply for a green card after marriage. The forms are different. The income requirements are also different. When submitting the Affidavit of Support, Form I-134, you need to show that your U.S. sponsor's income is 100 percent of the federal poverty guideline. When submitting the Affidavit of Support, Form I-864, the sponsor must be able to demonstrate that his or her income is at least 125 percent of the federal poverty guideline minimum income requirement. If you estimate that both K-1 visa and a green card will be applied for during the same tax year, you should plan and gather all required documentation in advance.
Evidence of relationship with your U.S. citizen fiancée, which is very important at the last stage, as well as at the first stage.

The consular officer may ask for additional information, such as photographs, chat logs, emails and other proof that the relationship with your U.S. citizen fiancé(e) is genuine and real. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview legible photocopies of civil documents and translations, such as birth and divorce certificates.

Fees

Government filing fees are subject to change (as of 12/2018, the fees are as follows):

US$535 -- Filing fee for an Alien Fiancé(e) Petition, Form I-129F
US$265 -- Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)
Medical examination fee, paid directly to a designated clinic (required for each K-1 and K-2 visa applicant) – costs vary, please check with the U.S. embassy in the country where a fiancée will apply for a visa
Other costs may include translation and notarization charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.). Costs vary from country to country.
US$1,225 -- Filing Form I-485, Application to Register Permanent Residence or to Adjust Status. Your spouse will submit this application after marriage. There could be additional applications filed concurrently: Application for a work permit and Application for advance parole. These applications are optional, but could be advisable.
Legal fees – we charge flat fee which could vary from case to case, depending on difficulty and the number of dependents. Please contact attorney for a case evaluation, and we will gladly give you a quote.

To ensure that your application is accepted and not rejected, the most current edition of the form must be submitted, accompanied by a correct filing fee. It is recommended that you check the most current edition of every application and the most current filing fees at USCIS and Department of State websites shortly before applying.

Please note that the approved I-129F petition is valid for four (4) months from the date of approval by USCIS. However, a consular officer can extend the validity of the petition if it expires before visa processing is completed.

Certain conditions and activities can make a visa applicant ineligible for a visa. Examples of these ineligibilities include: certain criminal records; overstaying a previous visa in the U.S.; submitting fraudulent documents; previous deportation or removal order, or voluntary departure; failure to prove bona fide fiancée relationship; etc. If you are found to be ineligible for a visa, the Consular Officer will advise you whether there is waiver of the ineligibility and what the waiver process is.

After your K-1 Fiancé(e) Visa was approved, you will generally wait 5 to 7 business days to pick up your passport, a visa, and a sealed packet containing the documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.
If you have children who received K-2 visas, you will either travel together or your children holding K-2 visas will have to follow you to the U.S.

Please note that K-1 and K-2 visas are valid for a single admission to the United States within the validity of the visa, which will be a maximum of 6 months from the date of issuance.

It is advisable not to purchase the tickets, not to sell real estate and business abroad until after a K-1 visa has been approved and issued. In order to limit the risk even more, some of other clients preferred not to sell their apartments, cars, businesses until after they became lawful permanent residents of the United States.

Please note that you must either marry your U.S. citizen fiance within 90 days of your entry into the United States, or depart the U.S. before the expiration of the 90-day period of admission. If not married within the 90-day window, or married within 90 days, but didn’t apply for a green card, if you wish to stay in the United States and apply for a green card, contact a competent immigration attorney for legal advice.

If you would like to schedule a telephone consultation or need help, please contact attorney for a case evaluation, and we will gladly give you a quote and advise you.

Please see below a few brief videos: Part 1, Part 2 and Part 3.

Information and videos in Russian can be found here.

0 Comments

Employment-based Adjustment of Status Interviews Update

12/7/2017

0 Comments

On August 28, 2017, USCIS had announced a new policy (effective date 10/02/2017) requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The adjustment of status application is the final step in the green card process for foreign non-immigrant employees looking to move to permanent resident status.

Prior to this change, which went into effect on October 2, 2017, USCIS required interviews in only 5 to 10 percent of all employment-based adjustment cases.

The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2, and EB-3). The USCIS has indicated that adjustment cases filed prior to March 6, 2017, will be adjudicated in accordance with previous procedures.

Because thousands of extra interviews will be conducted annually, there will be additional delays in the processing of these employment-based adjustment applications. USCIS has estimated that these applications will ultimately account for approximately 17 percent of the USCIS’s entire field operations workload. As a result, the change will impact the processing times for all other types of USCIS filings, such as family-based adjustment applications and naturalization cases.

What Should the Applicant Expect at the Interview? (based on the stats for October-November 2017)
The applicant could be asked about almost anything.

Any information provided on the Form I-485 (review the copy of the form I-485, and be prepared to answer questions).
Issues relating to the applicant’s eligibility or admissibility, such as any arrests or misrepresentations made to an immigration officer (talk to your attorney if you ever had a DUI, arrests, domestic violence protection order filed against you, charges that were later dismissed, convictions, lied on the application, worked without authorization, etc).
The applicant’s entire immigration history, particularly whether the applicant has properly maintained his non-immigrant status (if you worked without authorization while in a student status, etc)
Family members applying as derivative to the employment-based principal applicant should anticipate questions about their relationship to the principal and the bona fides of that relationship (similar to a family-based green card interview).

If the field officer conducting the interview is not satisfied with an applicant’s answers and believes that an applicant is not eligible for adjustment, the Form I-485 can be denied, or a RFE (request for evidence) could be sent, or NOID (notice of intent to deny) could be issued.

Will the Field Officer Re-Adjudicate the Form I-140? USCIS has said that the interviewing field officers have been instructed not to re-adjudicate the underlying Form I-140. However, the agency has also made clear that the officers will be charged with assessing the validity of the documents used to approve the Form I-140 petition to ensure that the supporting evidence was accurate and credible. If the officer determines that that evidence is not credible, he can recommend that the Form I-140 be revoked by the service center that originally issued the approval (officer can send I-140 for revocation back to USCIS Service Center which originally approved the petition).

It is important that the applicant understands the basis for the Form I-140 petition and be prepared to articulate at the interview how his employment qualified for approval. The applicant should review the Form I-140 petition and any underlying PERM application in advance and address any tricky issues with the employer or counsel. The applicant will almost certainly be questioned about the job for which he was sponsored as well as about his own educational background and work experience. This new requirement could present a challenge because I-140 is an employer's petition, and applicants don't usually have an access to the form I-140, PERM, etc.

An attorney can prepare the applicant on what to expect during the interview, and coordinate with the employer and the applicant to make sure that the applicant takes the appropriate documentation to the interview, knows what I-140 and PERM was about, has a copy of his I-485 form, has clean criminal record and no status violations, etc. The adjustment of status interview notices that are currently being sent to applicants are generic and confusing because they include a list of the documents that do not even apply in employment-based cases.

0 Comments

Beware of Common Immigration Scams

12/7/2017

2 Comments

Form I-9 Scams.

USCIS had recently warned about a new scam, targeting employers. Employers received scam emails requesting Form I-9 information that appear to come from USCIS.

Please note that employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment Eligibility Verification, for every person on their payroll who is required to complete Form I-9. All of these forms must be retained for a certain period of time. Visit I-9 Central to learn more about retention, storage and inspections for Form I-9.

These scam emails come from a fraudulent email address: news@uscis.gov. This is not a USCIS email address. The body of the email may contain USCIS and Office of the Inspector General labels, your address and a fraudulent download button that links to a non-government web address (uscis-online.org). Do not respond to these emails or click the links in them.

If you believe that you received a scam email requesting Form I-9 information from USCIS, report it to the Federal Trade Commission.

If you are not sure if it is a scam, forward the suspicious email to the USCIS webmaster. USCIS will review the emails received and share with law enforcement agencies as appropriate.

Payments by Phone or Email

USCIS will never ask you to transfer money to an individual. They do not accept Western Union or PayPal as payment for immigration fees. In addition, USCIS will never ask you to pay fees to a person on the phone or by email. You can pay some immigration fees online only if you use myUSCIS.
Remember:

When you send your application by mail, pay your immigration fees with a check or money order. Write “Department of Homeland Security” on the “Pay to the Order of” line.
Applying for U.S. citizenship? You can now pay fees for Form N-400, Application for Naturalization, with a credit card. To pay Form N-400 fees with a credit card, you will need G-1450, Authorization for Credit Card Transaction
You can also pay with a credit card in any domestic field office that accepts payments. You can learn more on our Paying Immigration Fees Web page

Winning the Green Card Lottery

The U.S. Department of State (State Department) manages the Diversity Visa Program, also known as the Lottery Visa or Green Card Visa. The State Department will never email you about being selected in the Diversity Immigrant Visa Program.
Go to the State Department’s website to read more about how they notify selectees.

Scam Websites

Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.

Please remember that USCIS will never ask you to pay to download USCIS forms. USCIS forms are always free on uscis.gov website.

Scams Targeting Foreign Students.

If you are an international student outside of the U.S. and want to come to the U.S. for education, make sure you are applying to an accredited college or university. Look for your school on the Council for Higher Education web page.

You must have a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to travel. After you are accepted into a Student and Exchange Visitor Program (SEVP)-certified school, a designated school official will either give you:

Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status –For Academic and Language Students, or
Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status –For Vocational Students

Schools that are not accredited cannot sponsor you for an F-1 student visa.
Additional information on the Form I-20 is available on DHS’ website studyinthestates.dhs.gov or on our website on the Students and Employment page.

“Notarios Públicos” Scam

In many Latin American countries, the term “notario publico” (which is Spanish for “notary public”) means something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special "extra" legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. A notario publico is not an attorney, and is not authorized to provide you with any legal services related to immigration. Some attorneys might be notaries, but not all notaries are attorneys. Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice.

Read more here.

2 Comments

USCIS Alerts: Immigration Services Available to People Affected by Hurricane Harvey in Houston, TX

8/30/2017

0 Comments

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.

The following measures may be available on a case-by-case basis upon request:

Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
Re-parole of individuals previously granted parole by USCIS;
Expedited processing of advance parole requests;
Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited adjudication of employment authorization applications, where appropriate;
Consideration of fee waivers due to an inability to pay;
Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
Assistance if you were unable to appear for a scheduled interview with USCIS;
Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

Note: When making a request, please explain how the impact of Hurricane Harvey created a need for the requested relief.

To learn how to request these measures or determine if an office is open, call the National Customer Service Center at 800-375-5283.

If you require assistance, please don't hesitate to contact our office at email.

0 Comments

NY State to Provide Free Lawyers to Detained Immigrants Facing Deportation in Immigration Court

4/13/2017

1 Comment

State of New York becomes first in the nation to provide FREE lawyers for ALL DETAINED immigrants who are facing deportation.

New York has become the first state in the United States to ensure that no immigrant is deported and permanently separated from his family solely because of the inability to afford a lawyer.

Without lawyer's assistance, only 3% of detained and unrepresented immigrants avoid deportation (and 97% are deported), but providing public defenders can improve an immigrant’s chance of winning and remaining in the United States, if an immigrant is eligible for residency or other forms of relief.

The newly created Liberty Defense Project's annual budge is $11.5 million, which is partially funded by the state of NY (US$10 million) and by private funds (Carnegie Corporation and Ford Foundation).

A statewide coalition of 182 advocacy organizations, 14 law schools, 21 law firms and 14 bar associations will be coordinated by the State’s Office for New Americans to provide pro bono legal services to immigrants. More than 200 experienced attorneys and paralegals will volunteer their time and work together so that immigrants are better aware of their legal options and are provided greater access to representation.

The Vera Institute Universal Representation of Immigrants Facing Deportation project.

Read more here.

In Russian:

Штат Нью Йорк первый в США вводит новую программу, Liberty Defense Project, по которой ВСЕ иммигранты, задержанные иммиграционной полицией и находящиеся в заключении до суда, с делом переданным на депортацию в иммиграционный суд, будут иметь право на БЕСПЛАТНОГО иммиграционного адвоката.

По статистике только 3% из иммигрантов, не имеющих адвоката в делах о депортации в иммиграционном суде, могут успешно убедить судью и остаться в США (а остальные 97% депортируют). Согласно данным проекта Сиракузского университета TRAC, 98.5% женщин с детьми без адвоката в США были депортированы.

Штат Нью Йорк первый в США предложил такую программу для того, чтобы предоставить шанс и реальную возможность защиты своих интересов по принципу due process тем иммигрантам, у кого нет денег нанять своего адвоката. Это поможет предотвратить депортации тем, кто может остаться в США по воссоединению с семьей, по полит убежищу и т.п.

Этот новый проект назвали Проектом защиты свободы (Liberty Defense Project). Средства на финансирование организации идут частично из бюджета штата (10 миллионов долларов), и из корпорации Карнеги (Carnegie Corporation) и фонда Форда (Ford Foundation). Частные корпорации выделили дополнительно $1.5 миллиона, так что в настоящий момент общая сумма проекта составила $11.5 миллионов.

Проект Защиты Свободы будет работать с 182 адвокатскими группами, а также с 14 юрфаками, 21 юридическими фирмами и 21 ассоциаций адвокатов для предоставления адвокатов иммигрантам.

Кроме The Vera Institute, финансирование в рамках проекта помощи иммигрантам получат Латиноамериканская федерация (Hispanic Federation), Католическая благотворительная общественная служба в Нью-Йорке (Catholic Charities Community Services Archdiocese of NY), Нью-Йоркская иммиграционная коалиция (New York Immigration Coalition), Коалиция Северного Манхэттена за права иммигрантов (Northern Manhattan Coalition for Immigrants Rights) и организация Empire Justice Center.

Следует помнить, что это пока возможно только в штате Нью-Йорк, и только для тех иммигрантов, кто задержан или арестован ICE.

#immigration #immigrationlawyer #freeimmigrationlawyer #attorney #immigrationattorney #freeimmigrationattorney #deportation #removal #NY #LibertyDefenseProject

1 Comment

DHS Publishes List of Jurisdictions Sanctuary Cities That Rejected ICE Immigrant Detainer Requests

3/20/2017

0 Comments

On Monday, March 20, 2017, The Department of Homeland Security made good on a current administration's promise to publicly shame cities and counties that don't cooperate with federal immigration authorities, and to publish a list of Sanctuary Cities and Counties. The administration also stated that sanctuary jurisdictions will be denied federal funding.

Immigration and Customs Enforcement, ICE, released its first weekly list of local jails and jurisdictions that haven't honored so-called immigrant detainer requests.

Detainer requests on behalf of ICE go to cities and counties asking that local law enforcement hold an inmate who is in the country illegally and has been arrested or charged with a crime. The intent is to have such prisoners detained for up to 48 hours so that federal officials can decide whether to pick them up and deport them.

Such cities and counties, commonly described as "sanctuary jurisdictions," may not cooperate with the detainer requests for a variety of reasons. Some say that cooperating can undermine local trust in the police if immigrants are afraid that reporting a crime will result in their own deportation. Other jurisdictions cite court rulings that have cast doubt on the constitutionality of the detainers.

The list published today covers the period from January 28 to February 3, 2017. It comes during the week following President's executive order on the interior enforcement of the nation's immigration laws. The order directed DHS to compile and publicize a list "of criminal actions committed by aliens" and identify any jurisdiction that ignored any federal detainer requests.

The list covers the cases of 206 unnamed individuals who ICE says committed "notable criminal activity" and the jails from which they were released. (206 of ignored detainers represent less than 10 percent of the 3,083 detainer requests that were issued nationwide.)

The vast majority of the offenders are from Mexico and Central America. The jurisdictions listed include Los Angeles, Colorado, New York and Travis County, Texas.

ICE sanctuary jurisdictions list can be found here.

ICE Immigration Detainer to a local law enforcement is a request for a voluntary action

0 Comments

The Hague District Court ruled the surveillance of lawyers by intelligence agencies is an infringement of fundamental rights; and ordered the Dutch State to stop all surveillance of lawyers’ communications until it provided for independent oversight.

10/29/2015

0 Comments

Brussels, 29 October 2015.

Big victory for Dutch lawyers and their clients, and also for any other European lawyers who practice law in the Netherlands.

The District Court of The Hague has ruled that surveillance of lawyers by intelligence agencies constitutes an infringement of fundamental rights and orders the State to stop all surveillance of lawyers’ communications.

Dutch court upholds lower court ruling banning surveillance of lawyers’ communications after successful CCBE intervention. The Dutch State may appeal the ruling within four weeks.

On 27 October 2015, a Dutch Court of Appeal upheld The Hague District court’s ruling in the Prakken d’Oliveira case which ordered the Dutch State to stop all surveillance of lawyers’ communications until it provided for independent oversight.

In its ruling, the Dutch Court of Appeal dismissed all the grounds of appeal alleged by the Dutch State. The Court indicates that according to case law of the European Court of Human Rights surveillance activities must be subject to review by an independent body with the power to prevent or terminate potential infringements of professional secrecy. The current Dutch surveillance regime does not meet the requirements for such independent control and, therefore, conflicts with the right to privacy (article 8 ECHR) and the right to a fair trial (article 6 ECHR). The Court stresses that information obtained from tapping lawyers may not be shared with prosecutors until an independent review has taken place regarding the legality of that information and the way it was obtained. Even the possibility that information is shared with the public prosecutor can result to people refraining from contacting a lawyer. According to the court, that is a violation of the right to a fair trial and undermines the rationale behind professional secrecy. The Court also ruled that the protection of client confidentiality is not limited to communications with Dutch lawyers but extends to communications with all European lawyers rendering services in The Netherlands as referred to in Directive 77/249/EC.

As a result of these findings the Court of Appeal confirmed the lower court’s ruling.

In welcoming the decision, CCBE President Maria Ślązak commented: “the trust between lawyer and client is, at root, an assurance of due process and the rule of law. It is therefore essential that the confidentiality of lawyer-client communications is always respected. Surveillance measures that could undermine this principle have always to be subject to review by an independent body with the power to prevent and/or terminate the infringement. The fact that this has been reaffirmed by the Dutch Court of Appeal is reassuring and an important step to bring Dutch surveillance policy in line with the right to a fair trial.”

**************
Background: in May 2015 the CCBE successfully intervened before The Hague District Court in a challenge brought against the Dutch State by the law firm Prakken d'Oliveira and the Dutch Association of Criminal Defence Lawyers (NVSA). The Court was questioned on the legality of eavesdropping by domestic intelligence agencies on lawyers’ calls and communications. In its verdict delivered on July 1st, the court recognised that the ability to communicate confidentially with a lawyer is a fundamental right which is currently being breached under Dutch surveillance policy. The court therefore ordered the Dutch government to stop all interception of communications between clients and their lawyers under the current regime within six months. In response, the Dutch State fast-tracked an appeal against the judgement. In turn, on 25 August, the CCBE challenged the grounds of the appeal.

Transcript of the judgement (in Dutch): http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHDHA:2015:2881
Transcript of the previous judgement (in Dutch):http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBDHA:2015:7436
CCBE wins case against the Dutch State on surveillance of lawyers (press release, 02/07/2015):http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/EN_pr_0415pdf1_1435843144.pdf
CCBE takes mass surveillance to court (press release, 27/05/2015):http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/EN_pr_0315pdf1_1432724578.pdf
CCBE Statement on mass electronic surveillance by government bodies (including of European lawyers’ data):http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/EN_14142013_CCBE_Sta1_1382086457.pdf
Dutch Intelligence Service (AIVD) taps Prakken d'Oliveira lawyers:http://www.prakkendoliveira.nl/en/news/dutch-intelligence-service-aivd-taps-prakken-doliveira-lawyers/

*******************
About the CCBE:

The CCBE represents the bars and law societies of 32 member countries and 13 further associate and observer countries, and through them more than 1 million European lawyers.

Founded in 1960, the CCBE is recognised as the voice of the European legal profession by the EU institutions, and acts as the liaison between the EU and Europe's national bars and law societies. The CCBE has regular institutional contacts with those European Commission officials, and members and staff of the European Parliament, who deal with issues affecting the legal profession. The CCBE is an international non-profit-making association incorporated in Belgium.

0 Comments

How to Report Immigration Scams

USCIS Local Field Offices are Closed Until April 7, 2020, will be extended. Our Law Office is Open.

How to Apply for a Fiancee K-1 Visa

Employment-based Adjustment of Status Interviews Update

Beware of Common Immigration Scams

USCIS Alerts: Immigration Services Available to People Affected by Hurricane Harvey in Houston, TX

NY State to Provide Free Lawyers to Detained Immigrants Facing Deportation in Immigration Court

DHS Publishes List of Jurisdictions Sanctuary Cities That Rejected ICE Immigrant Detainer Requests

The Hague District Court ruled the surveillance of lawyers by intelligence agencies is an infringement of fundamental rights; and ordered the Dutch State to stop all surveillance of lawyers’ communications until it provided for independent oversight.

Author

Archives

Categories