CLEVELAND AND COLUMBUS, OHIO - Columbus immigration attorney Jonathan A. Bartell keeps up with ever changing immigration policies so his clients can be well represented and informed.
In an effort for the Homeland Security Department to get a better handle on complaints and questions about immigration enforcement policies, a public advocate position was recently created to oversee a lot of the changes that have been proposed, according to an article in the Star Tribune, a Minnesota newspaper.
The new appointee for the position will ensure that public and immigration advocates understand the many changes taking place and what those changes mean for immigrants being jailed by immigration authorities or those facing deportation. This person will also help the public understand the policy about "prosecutorial discretion" and address complaints about any changes.
"Keeping up with the constant changes is something I have to do in order to be knowledgeable about what my clients are faced with," says the K1 visa lawyer. "In the past few months alone, there have been so many policy changes suggested that will impact our clients."
The citizenship attorney also serves as an advocate to his non-citizen clients, many of whom are seeking help to remain in the U.S. after years of living in the country and have a run-in with the law that can result in them being sent back to their native countries.
Recent changes include the way immigration authorities decide which illegal immigrants are deported, allowing for discretion in determining whether to pursue some deportation cases.
"The best way to handle the caseload is to concentrate on the worst of the bunch, then get back to those not causing harm at a later date," he says, adding that changes aren't happening fast enough.
The benefit of that is to focus resources on deporting illegal immigrants with criminal records, repeat immigration law offenders, and those who are a public safety or national security risk; not non-criminal illegal immigrants.
Pilot programs studying the benefits of that proposed policy change were recently held in Baltimore and Denver where pending cases were reviewed, and reportedly more than 1,600 deportation cases were recommended to be closed.
Another pending policy change announced at the start of the year could possibly reduce the amount of time non-citizen spouses and children are separated from U.S. citizen relatives while they seek legal status in the country, according to a recent CBS news report.
Illegal immigrants still have to leave the country for the length of time they lived in the U.S. illegally before they can ask the government to waive a three-to-10-year ban on legally returning to the country. But the proposed rule allows families of citizens to request the government to decide on the waiver request before the non-citizen returns to his or her native country to apply for a visa to return to the U.S.
Although the illegal immigrants still have to go home to complete the visa process, starting the waiver process in advance shortens the time the non-citizen is away from their relatives in the U.S. if they are deported for certain criminal convictions, overstaying a visa, entering the U.S. illegally, and violating other U.S. immigration policy, including falsifying information on immigration documents.
We can negotiate terms to avoid a removal hearing before non-citizens are deported and must go through the process of regaining entry in the U.S., and we help throughout every step of the process including representation in asylum and deportation proceedings, Bartell says.
Although there are changes taking place constantly for immigration policies, "my caseload remains the same," says the criminal and immigration lawyer who also works on employment eligibility cases.
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