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IMMIGRATION NEWS BITES FROM J. JOSEPH COHEN

June 10, 2021– The Secretary of the Department of Homeland Security, Alejandro N. Mayorkas, provided the Keynote address today at the multi-day Annual Conference of the American Immigration Lawyers Association. He has led a distinguished 30-year career in law enforcement and as an attorney. Secretary Mayorkas is the first Latino and immigrant confirmed to serve as Secretary of Homeland Security and began his career as a federal prosecutor who went on to be appointed the youngest United States Attorney in the nation.  While emphasizing that public safety will continue to be a priority, the Biden administration is committed to making the immigration system more just and fairer than the previous administration. For example, the Department has issued new guidance to its attorneys allowing them to have more discretion in allowing stipulations that are true rather than generally resisting every effort on behalf of a noncitizen in Immigration Court. In addition, while the immigration statutes are phrased in the terms of “illegal aliens”, the common language within the government has now been changed to be more respectful by making reference to “noncitizens.” There will be other changes and he also announced that there will be a new pilot program adding specialty attorneys to resolve appropriate cases faster and perhaps in a more informal manner. Secretary Mayorkas address can be seen here: https://www.youtube.com/watch?v=MZnmqqOVjBU&t=3s

 

June 16, 2021/by damg
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blog, Successes

Successes

Citizenship– An American grandmother successfully applied in the United States to obtain citizenship for her two Mexican grandchildren after the Department of State denied the application of the mother who is a U.S. citizen at a Mexican consulate.

To view the Certificate o Citizenship, click here.

June 11, 2021/by damg
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blog, Successes

Successes

Removal- The Immigration Court granted withholding of removal after a day long hearing for a mother and son from Honduras that allowed them into the United States with the ability to secure authorization for employment after they were initially returned to Mexico.

To view the written decision and orders of the immigration judge, click here.

June 11, 2021/by damg
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Successes

Removal– The Immigration Court granted lawful permanent residency to an elderly man who had been in the United States since the 1960s. The initial proceedings had ordered our client removed but the case was appealed and remanded for a new hearing where the Court granted residency.

To view the Order Of The Immigration Judge, click here.

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IMMIGRATION NEWS BITES FROM J. JOSEPH COHEN

June 5, 2021– There continues to be shortages for U.S. workers in a number of industries.  The U.S. Chamber of Commerce is pushing for immigration reform to boost American business with qualified foreign workers.  The Chamber states that “[c]ommonsense immigration reform would boost economic growth, create jobs, and spur innovation and entrepreneurship.” https://www.uschamber.com/immigration  A recent example of the need for workers is demonstrated with  the immediate filling of additional visas for temporary workers who are required to leave the U.S. at the end of their employment.  The H visas are typically used for labor that is needed on a temporary basis often found in agriculture as well as other industries such as landscaping, forestry, and seasonal resort workers. For nonagricultural labor, the cap is set at  33,000 workers for each half of the fiscal year.  The Biden administration recently raised that cap  for an additional 22,000 workers during the current period. Except for 6,000 slots dedicated to certain countries, the other 16,000 slots were filled within days by petitions from around the world. https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers

June 11, 2021/by damg
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IMMIGRATION NEWS BITES FROM J. JOSEPH COHEN

April 20, 2021-The drama between border security and those fleeing poverty, crime and corruption in Central and South America continues to play out at our southern border. Immigrants keep making the journey to the border even though the message from the United States government is not to come.  While entry policies have been mixed, many adults are currently being turned away while unaccompanied children are being allowed into United States custody to eventually seek asylum. It has been reported that parents are allowing their children to cross the border while they must remain behind in dangerous and unhealthy conditions. While the administration claims that conditions are getting better for the children, thousands of children who are separated from their families remain in custody in what has been reported as over-crowded holding cells and conditions.  To see a recent statement from the U.S. Department of Homeland Security: https://www.dhs.gov/news/2021/03/16/statement-homeland-security-secretary-alejandro-n-mayorkas-regarding-situation

April 29, 2021/by damg
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IMMIGRATION NEWS BITES FROM J. JOSEPH COHEN

April 13, 2021-United States Immigration and Customs Enforcement (ICE) has been rolling out new guidelines restricting enforcement measures from the previous administration under an Executive Order issued by President Biden.  ICE will more narrowly focus on noncitizens who pose a national security, border security or public safety rather than general non-documented status. As a result, major news outlets are now reporting a significant reduction in arrests by ICE for deportations. For more information from ICE about its program see: https://www.ice.gov/news/releases/ice-announces-temporary-guidelines-its-enforcement-and-removal-operations

April 29, 2021/by damg
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Immigration News Bites From J. Joseph Cohen

April 8, 2021-The Department of State has announced that it is working to reduce the backlog of  immigrant and nonimmigrant visas at embassies and consulates that had been blocked by Presidential Proclamations under President Trump.  Priority for immigrant visas include those that had been previously blocked and fiancé visas.  The processing of nonimmigrant visa will be prioritized for travelers with urgent needs, foreign diplomats, mission-critical categories of travelers, followed by some students, exchange visitors, and some temporary employment visas. You may find further information on the Department of State’s website at:

https://travel.state.gov/content/travel/en/News/visas-news/visa-services-operating-status-update.html

April 8, 2021/by damg
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San Antonio, Texas Deportation That Violates Human Rights

Organizations like the American Civil Liberties Union and the Human Rights Watch have recently reported on situations where deportations and U.S. policies against immigrants have violated human rights. According to the ACLU, federal immigration policies, immigration officers, and even police officers have sometimes used immigration law to engage in racial profiling, killing of people at the border, and denial of due process to immigrants facing deportation.

According to the United Nations, human rights include the right to life, liberty, and freedom from slavery and torture. Human rights include freedom of expression, the right to education, the right to family. Unfortunately, if you look closely at U.S. deportation and immigration policies, the U.S. is, in many cases, violating basic principles of human rights. People are being detained often in conditions that border on torture. We have heard of families getting separated at the border, at children being put in cages, at people not getting the right to due process or a day in court before they are removed from the country. The United Nations Universal Declaration of Human Rights includes the “right to work in favorable conditions,” the right to physical and mental well-being, and the right to an education. Immigrants should have the same right to a fair trial, and should be presumed innocent before being found guilty. Immigrants should have the right to peacefully assemble (a right which has been put under siege given recent militarization of peaceful Black Lives Matter protests, where immigrants have faced criminal charges and citations). Immigrants shouldn’t be tortured or unlawfully detained. They shouldn’t be forced into prisons without due cause where they’ll face exposure to the coronavirus and sometimes substandard levels of nutrition and medical care.

The Human Rights Watch notes that the Trump administration’s recent policies makes every immigrant a target, violating individuals’ rights to “family unity,” “the right to seek asylum,” “due process,” and the “rights of children.” To make matters worse, sometimes any interaction with the police can lead to the involvement of ICE and immigration, which can threaten even a legal resident’s right to remain in the U.S. There have been stories of fathers being wrenched away from their children, of men who served the U.S. in the military being deported, and cases where people who left their home country when they were infants are being deported to a country they don’t know, losing contact with everyone they know.

What is a person to do amid this chaos if facing deportation? First, it is important to understand your rights. You do not have to open the door to ICE or the immigration officers unless they have a warrant to arrest you. You do not have to answer questions ICE or immigration officers ask, except to identify yourself. You have the right to remain silent and have the right to ask to speak to a deportation lawyer. Unfortunately, unlike criminal cases, individuals facing deportation do not have the right to counsel. This means that if you need a deportation lawyer, one won’t be provided for you. According to the American Immigration Council, only 37 percent of immigrants facing deportation had a lawyer. Immigrants in detention were the least likely to have a lawyer. According to the American Immigration Council, immigrants who receive legal representation through a lawyer fare better than immigrants who are not represented. The American Immigration Council also notes:

  • Immigrants in custody were more likely to be released from detention during their custody hearing when they had an immigration lawyer representing them.
  • Immigrants with a lawyer were more likely to seek relief from deportation.
  • Immigrants who applied for relief from deportation were more likely to receive the relief when they sought it when they had a deportation lawyer on their side. 49% of immigrants who applied for relief from deportation received relief, while only 23% received relief when they did not have an immigration lawyer.

These numbers are sobering given the flagrant violation of human rights and civil rights that is currently taking place in America’s deportation courts and detention centers. These numbers are also alarming given the reality that immigrants are not guaranteed the appointment of a lawyer to represent them should they face deportation. If you are facing deportation, it is important to protect your rights. Given the statistics, one of the best ways you may be able to protect your rights and potentially stop your deportation may be through seeking the representation of a deportation attorney in San Antonio, Texas. J. Joseph Cohen is a deportation lawyer that works with individuals who are facing deportation. Our deportation lawyer can review your case, help you understand your rights, and take steps to protect them. Contact J. Joseph Cohen today to learn more or connect with our San Antonio, Texas deportation law firm by reaching out to USAttorneys.com today.

August 31, 2020/by damg
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Joseph Cohen Deportation Lawyer in San Antonio Texas

Joseph Cohen is a deportation law firm in San Antonio, Texas that helps individuals facing deportation. While most deportation cases are handled as civil matters, in which the person facing immigration charges might face deportation, some related cases are handled as criminal matters. Increasingly, the U.S. is choosing to prosecute and handle some immigration offenses as criminal matters. The consequences can include jail time in addition to deportation afterward. If you are facing serious deportation charges, having a lawyer on your side can make an immense difference.

When facing criminal immigration charges, individuals can sometimes face jail time before they are deported. According to the Pew Research Center, people who enter the U.S. illegally, or who break immigration law can face criminal immigration charges. While immigration cases  have not traditionally involved criminal charges as a generalization, under the Trump administration, more immigrants are being brought before federal courts to be tried criminally for their alleged immigration violations. Immigrants entering the U.S. without authorization or those caught crossing the border illegally could face criminal prosecution. Increasingly, the Trump administration and officials in Texas are choosing to crack down on alleged immigration violations with force.

The Law Office of J. Joseph Cohen is a deportation law firm in San Antonio, Texas that works with individuals who may be facing deportation. You are innocent until proven guilty, have the right to remain silent, and if you are facing criminal charges, you have the right to due process. Even if your deportation is being handled as a civil matter, you may still have the right to due process. This means that you should have the right to defend yourself in court. If you are facing deportation or criminal immigration charges, J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to help you.

Most Common Criminal Immigration Prosecutions

Illegal entry prosecutions are the driving force behind the increase in criminal prosecutions for alleged immigration violations. Illegal entry is a misdemeanor for the first offense that can result in up to six months in jail. The Pew Research Center reports that 62% of people prosecuted for immigration offenses are charged for illegal entry, though a smaller percentage are charged for illegal re-entry, and an even smaller number are charged for misusing visas and for smuggling. Most people being charged criminally are being charged under no tolerance policies for illegal border crossing.

What can you do if you are facing deportation or criminal charges for an alleged immigration violation? It is important to know your rights. Know that you have the right to remain silent and don’t have to answer any questions asked of you. You may have to identify yourself to officers but you do not have to show paperwork, and you should never show an immigration officer falsified immigration documents. You can tell the officer that you are choosing to remain silent, which is your right. You may also want to seek the representation of a deportation lawyer. J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to help you if you are facing deportation or charges for alleged violations of immigration law. You may have the right to your day in court and have the right to appeal your case. The deportation lawyer, J Joseph Cohen in San Antonio, Texas may be able to help you with your deportation case.

Arrested in Texas? It could Affect Immigration if You Are an Illegal Immigrant

If you are arrested in Texas, you could face immigration consequences if you are an illegal immigrant. With many people attending protests and taking to the streets in support of civil rights, it is important that immigrants, especially those who are undocumented and those on DACA, to take a moment to understand what the consequences might be should they get arrested. The New York Times reported on a case where a woman participating in a protest was arrested, and now faces deportation even though she is protected under DACA. Undocumented individuals who face criminal charges can be deported under increasingly punitive criminal laws. If you are facing criminal charges of any kind, it is important to speak to a criminal defense lawyer, and if you are an immigrant to speak to a deportation lawyer right away. These cases can become highly complex. In the case of the woman arrested reported by the New York Times, despite her excellent moral character, as a community activist and leader, she had been forced to wear an ankle bracelet and faces deportation.

If you are facing criminal charges, consider reaching out to the deportation lawyer, J. Joseph Cohen today. Our deportation attorneys in San Antonio, Texas can review your case, help you understand your rights under the law, and fight to protect your rights. Call us today or connect with one of our lawyers by reaching out to USAttorneys.com.

AUGUST 13, 2020/

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Deportation is a legal process that is now also known as removal. Deportation or removal is the process that authorities use to remove a person from the United States. Individuals who commit crimes or overstay a visa are examples of persons who could face deportation.

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GREEN CARD VISA

Having a green card as a lawful permanent resident, grants an immigrant certain important rights and privileges in the U.S. With a green card, a person can work in the U.S. and with a green card, the permanent resident is granted legal protection under U.S. law.

About

I bring a unique perspective to the practice of immigration law with years of legal, government and overseas experience. 

  • Advanced Certificate in Immigration Law Studies
  • Court appointed immigration attorney for criminal cases
  • 2019 immigration speaker for National Business Institute
  • 2019 immigration speaker at the San Antonio Bar Association
  • Treasurer of the Immigration & Nationality Law Section of the San Antonio Bar Association

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