Archives for August 2012

I Was Quoted in an Article by Minyanville.com

August 27, 2012 by Matthew

Minyanville.com published an article about the EB-5 investor program, Investment Visas: Swapping Yacht People for Boat People. I am quoted in the article:

“It just doesn’t seem fair that some rich person can come along and buy residency,” Matthew Guadagno, an immigration attorney in private practice, tells me. “I suppose there’s the view that you’re purportedly helping the economy, but for a guy who represents regular people, it feels wrong.”

People who are not rich usually get their green cards through the family based immigration system. If you are married to a U.S. citizen or you have a U.S. citizen son or daughter over 21 years old, a visa is immediately available for you. However, for all other petitioners there is a very limited amount of visas that are issued each year. These visas are given on a first come first serve basis. If the visas run out, then you have to wait until you’re at the top of the list. This is why opponents to amnesty complain that creating an amnesty allows those that don’t follow the rules to “cut in line.” There is currently a terrible backlog for people to get green cards, if you do not qualify for an immediate visa. According to the Visa Bulletin for September 2012:

* for 1st preference visas (unmarried sons and daughters of U.S. citizens): they are currently processing applications that were filed on October 1, 2005 and earlier. Thus, there’s an almost 7 year wait for this group.

* for 2nd preference part A visas (spouses and children of permanent residents): they are currently processing applications that were filed on May 10, 2008, and earlier. Thus, there’s a wait of 4 years for this group.

* for 2nd preference part B visas (unmarried sons and daughters, over 21 years of age, of permanent residents): they are currently processing applications that were filed on September 15, 2004, and earlier. Thus, there’s a wait of 8 years for this group.

* for 3rd preference visas (married sons and daughters of U.S. citizens): they are currently processing applications that were filed on May 15, 2002, and earlier. Thus, there’s a wait of 10 years for this group.

* for 4th preference visas (brothers and sisters of adult U.S. citizens): they are currently processing applications that were filed on March 8, 2001, and earlier. Thus, there’s a wait of 11 years for this group.

In light of the backlog of family based visas, I don’t think that it’s fair that rich people can buy their way to the top of the list.

Woman Prosecuted for Sham Marriage

August 21, 2012 by Matthew

I just came across a news article about a woman who is being prosecuted for immigration fraud because she is alleged to have entered into a sham marriage. As an immigration lawyer in New York City, I often do consultations where individuals reveal to me an intention to enter into a fake marriage to obtain a green card. I always tell them the same thing: DON’T DO IT! It’s against the law. There are both criminal and immigration penalties for entering into a sham marriage to get a green card. In addition to facing a criminal conviction, you can also be barred from having anyone petition for you to obtain a green card and face deportation.

Most of all, I always tell people that if they try to get a green card through a fake marriage, they are going to get caught. A lot of people think that if they have the right documents, they can lie their way through an interview for adjustment of status. What they don’t realize is that the examiners at the U.S. Citizenship and Immigration Service are experts at catching people who have fake marriages. You cannot lie your way through an adjustment of status interview. Eventually, people who try to get green cards through fake marriages get caught. It’s not worth the risk.

BIA Renders Important Decision About the Right to an Immigration Lawyer

August 18, 2012 by Matthew

On August 15, 2012, the Board of Immigration Appeals rendered a precedent decision called, Matter of C-B-, 25 I. & N. Dec. 888 (BIA 2012). This is an important decision for aliens in removal proceedings. This decision recognizes that aliens facing deportation have a statutory right under the Immigration and Nationality Act to have an immigration attorney. This does not mean that you have the right to a free immigration lawyer. It just means that if you want to hire an immigration attorney, you have the right to do so. Because of the statutory right of aliens to have an immigration lawyer in removal proceedings, the Board held that, “[i]n order to meaningfully effectuate the statutory and regulatory privilege of legal representation where it has not been expressly waived, the Immigration Judge must grant a reasonable and realistic period of time to provide a fair opportunity for a respondent to seek, speak with, and retain counsel.” This means that if you go to immigration court without an immigration lawyer and tell the immigration judge that you want to get an immigration lawyer, the immigration judge must give you time to find an immigration attorney. Finding an immigration lawyer to represent you in your deportation proceedings is a very important decision. The immigration judge should give you a reasonable amount of time to find the immigration attorney that you feel is right for you.