Law Offices ofJan Joseph Bejar A P.L.C.
Resolving Immigration Problems In An Honest & Responsible Manner

San Diego Immigration Law Blog

U.S. Supreme Court to decide on deportation matter

They sit and wait. They are immigrants who have come to the United States seeking asylum, as well as undocumented immigrants and legal immigrants who have been convicted of crimes. They sit and wait in detention centers (including one here in San Diego) because they are not given the opportunity to post bond. And they sit and wait now for a U.S. Supreme Court ruling.

The nation's high court last week heard Jennings vs. Rodriguez, a case that revolves around immigrants held for extended periods in detention centers without bond hearings.

Muslim applicants see unexplained delays in citizenship approval

The process for becoming a naturalized citizen of the United States typically takes about six months. However, immigration attorneys in California and across the country are taking up the cause of the thousands of Muslims whose applications for citizenship have been funneled into a mysterious program which claims to investigate and root out potential national security threats. Many of these law-abiding residents wait years before their applications are accepted or bafflingly rejected.

One man in Mosul was hired by the U.S. Army to be a translator. He passed the Army's background screening and served for two years, risking his life countless times. After being rewarded with a special visa, he came to the United States, passed numerous background checks for various security jobs and was eventually granted a permit to carry a gun for his job. Nevertheless, when he applied for citizenship, his request was delayed for two years while the Citizenship and Immigration Service performed even more prolonged background checks.

Haitians released from detention prior to deportation and removal

Since 2010, Haitians immigrating to the United States received special protections. The impoverished country suffered a massive earthquake and other natural disasters at that time, prompting thousands to flee to a safer place. The federal government lifted those safeguards in September, and anyone arriving in the country after that was sent to immigration detention to be processed for deportation and removal. A recent influx of immigrants from Haiti has caused the government to rethink this policy.

Over the past year, approximately 5,000 Haitians arrived at California's port of entry. Officials reported that 40,000 more were in the process of immigrating. Only 203 had been deported, leaving the detention facilities and border inspectors overwhelmed. Facilities built for 31,000 to 34,000 people now hold nearly 41,000. As a result of the overcrowded conditions, the federal government has decided to begin releasing Haitian immigrants.

The price to pay for detaining immigrants

Their home in Haiti is beset with immense problems that include natural disasters (a hurricane and earthquake), crime, corruption, gangs and violence. But the Haitians who arrive at the San Diego border and ask officials for asylum quickly find themselves held in detention centers.

The price they pay in human terms is enormous, but the price paid by American taxpayers hurts as well, the San Diego Union-Tribune reports. It currently sets taxpayers back $379,380 a day to detain immigrants in holding facilities, the newspaper says. And the cost could go up as the numbers of immigrants increases.

Americans: If you're not loving it, can you really leave it?

When Americans criticize their government, opponents often rely on this timeworn retort: "Love it or leave it."

Naturally, leaving America would involve the same difficult, life-changing decisions people abroad make when they to immigrate to the U.S. Moving might mean selling your home and buying one in your destination country. You might need a job in your new country of residence. Family members may want to visit or even move to be near you.

If you're willing to undergo the effort, though, can you legally "leave it"?

Immigrant families: 'We are not criminals'

A Guatemalan woman brought her three children to the U.S. border to escape the violence and chaos that had overtaken their country. When she spoke with an immigration officer at the border, she told him they had come for asylum.

She recently told CNN that when they were given food and drinks and put aboard a bus, she finally relaxed during her family's long, hard journey. They soon learned that they were headed for a detention center, where the family would spend the next couple of months.

Homeland Security adds asylum seekers to apprehension numbers

Millions of people have emigrated from foreign lands, often enduring much suffering on their way to California and other states. Many come seeking, stating that to remain in their homelands would pose imminent risks of violence, extreme poverty and even death. Typically, those seeking urgent permission to reside in the United States would not be categorized the same as those crossing the borders illegally.

Many seeking asylum never make it to the United States alive

Many areas in the world are filled with violence, extreme poverty and other unsavory living conditions that make survival difficult. Millions of people have fled their lands of origin, in quests to seek asylum in the United States. Their journeys to California and other states are often arduous. In fact, many die before they cross the border.

In another state, where the border lies adjacent to a desert, many immigrants find themselves facing tremendous challenges as they travel in search of better lives for themselves and their families. People of various ages, including minor age children and elderly persons, too, take on the glaring sunlight, heat and dry climate of the desert in the hope that U.S. officials will grant them permission to permanently reside within the nation's borders. Often, those who arrive seek support and guidance as they attempt to lay down roots and create successful lives.

Get help with your deportation defense

Numerous immigrants residing in California are facing deportation. These individuals are granted the ability to fight removal from the country through court proceedings. However, many may not realize that they are entitled to have legal counsel present to offer a deportation defense. If you are facing deportation, you do not need to go through this alone. Help is available to you.

For those facing the threat of removal from the United States, there are actually a variety of deportation defense options that may apply. Some of these may help one in achieving the right to remain in the country, while others may still result in one's departure. Common deportation defense options include applying for a cancellation of removal, applying for certain waivers and applying for asylum. Every individual's circumstances are unique, so it will be necessary to review all the facts of one's case before determining which defense option best fits one's personal situation.

Accusations of fraud after citizenship and naturalization granted

Over 800 immigrants who reside all across the country -- possibly even in California -- were supposedly granted U.S. citizenship by accident. Now, after successfully achieving citizenship and naturalization, many of these individuals are facing accusations of immigration fraud. Those facing such accusations can seek legal assistance in the effort to maintain their citizenship status and avoid deportation.

According to a recent report, a fingerprinting error resulted in approximately 858 immigrants being granted citizenship. Many of these individuals are believed to have had pending deportation orders or have come from countries with which the United States has concerns and questions regarding national security. The inspector general of the Homeland Security Department claims that the lack of fingerprints and discrepancies over names and birth dates led to the granting of citizenship.

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