Citizens held as unlawful immigrants

More than once in the past year, I’ve been at the county jail or the Oklahoma City office and encountered the phenomenon of citizens being detained as unlawfully present foreign nationals. The most recent occurred while I sat waiting on another matter at the Oklahoma City field office of the Department of Homeland Security. An Immigration and Customs Enforcement officer brought out someone after the citizen’s family brought the citizen’s certificate of citizenship. Who is to blame? ICE? The Oklahoma County Sheriff? I vote for both.

In any event, the Associated Press issued a story talking about this phenomenon. I’ve maintained that ever since former Secretary of Homeland Security Michael Chertoff started his enforcement campaign that it’d create more than just the economic damage that he predicted. I previously suggested someone should write a letter to the Secretary asking for a list of terrorists and criminals caught in the enforcement campaign. I am going to write a letter this week asking for this information but I am also going to ask for the number of citizens wrongfully held or removed as part of the enforcement campaign.

The Associated Press also issued a report giving profiles of United States citizens detained or deported.

Cases of note

August 2015

Child born in foreign country. US citizen father used a false ID for foreign birth. Father failed to register birth at US consulate. Child brought to USA by father. Child is now an adult. Adult child came to my office to obtain permanent residence through husband. I suggested the adult child file for a Certificate of Citizenship as she had a good-faith argument for being a US citizen. USCIS agreed. Application approved.

Citizen of Guatemala provisional waiver application approved.

November 2014

With her mom deported, child was left with her aunt. Aunt desperately tried to reunite child with her mom but mom missing in Mexico. Guardianship obtained for aunt. Permanent resident application filed. RESULT: Child is now a permanent resident.

Mother and children given intent to deny letters as they were not eligible to adjust status because the father was a Lawful Permanent Resident. Solution: Naturalization application for dad filed by our firm. USCIS agreed to delay green card cases for father's case to be adjudicated. Father passed exam and became a US citizen. Mom and all the minor children became permanent residents. The children under 18 became US citizens upon application with the youngest taking her citizenship oath this month.

October 2014

On a second appeal, the Board of Immigration Appeals remanded case to Immigration Court involving detainee denied the opportunity to request relief that arose while his first appeal was pending. Order for the immigrant on all issues.

Obtained dismissals from Immigration Court in cases involving unaccompanied children so the children can file with USCIS to obtain lawful permanent residence.

September 2014

Grant of permanent residency by an Immigration Judge under INA sec. 245(i) after over four years of the matter being contested in Immigration Court.

The adult child of a Lawful Permanent Resident had waited since 1993 for her visa to be current. Unfortunately, in 1997, she had left the USA on a voluntary return after being arrested for working without authorization. Seven other immigration law firms said her green card application would be denied. RESULT: GRANTED.

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Cases of note

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