Wednesday, July 29, 2009

Why are U.S.-allied refugees still branded as 'terrorists?'

WASHINGTON — Almost every day for three years, prison guards at one of Saddam Hussein's most notorious prisons tortured Sami Alkarim.

Now, in a cruel twist of fate, the accomplished Iraqi artist is being treated like a terrorist by the U.S., the country where he sought refuge.

U.S. officials have told him they can't give him permanent residency in Denver because of messenger work he did as a teenager for the same political party that counts the current prime minister of Iraq as a member.

Alkarim's problems have their roots in post-Sept. 11 anti-terrorism laws that the Obama and Bush administrations vowed to fix.

Despite that pledge, the number of people who've been told their requests for refugee status, asylum or green cards won't be processed because of the laws has risen from 5,304 in December to 7,286 in June.

The broad language of the Patriot Act and other laws bars refugees and asylum seekers from living and working in the U.S. if they supported or were members of an armed group in their homelands. They're considered terrorists or supporters of terrorists even if they opposed dictators or helped the U.S. government.

Although Congress has attempted to give the executive branch the power to grant waivers in such cases, the Obama administration, like the Bush administration before it, has yet to set up an efficient way to handle them, refugee advocates say.

"As far as I can tell, the situation has only grown worse," said Thomas Ragland, a former Justice Department lawyer attorney who now represents several immigrants affected by the laws. Ragland's clients include an Iraqi, an Ethiopian, a Nepali, and a Burmese.
Department of Homeland Security officials in charge of reviewing the matter declined a request for an interview.

Matthew Chandler, a DHS spokesman, said the department has granted more than 10,500 waivers to people impacted by the laws, proof that the cases aren't being ignored.
"While the department views this achievement as significant, we also understand that a more efficient authorization process than the one that has been in place would reach even more people," he said.

DHS is working with other agencies, such as the State Department, to come up with a solution that also would weigh U.S. security interests, he said.
Immigrants and their lawyers, however, remain mystified by the government's inability to cut through the red tape to eliminate such problems. Many of the waivers were given to Burmese refugees, while other worthy refugees and asylum seekers are overlooked, advocates said.
"I can't tell how much of this madness is policy and how much of it is just madness," said Anwen Hughes, the senior counsel for Human Rights First's Refugee Protection Program.

Previously, immigrants who were denied a green card after being given asylum were told they wouldn't be deported. Officials said their cases would eventually be resolved.

However, the DHS began recently sending some immigrants letters informing them that the agency intends to revoke their asylum. As a result, they'd be deported.

The cases include immigrants who were granted asylum after fleeing Zimbabwe as members of the Movement for Democratic Change, the main opponent of autocrat Robert Mugabe. In June, President Obama met with the leader of the party, Morgan Tsvangirai, and praised him for his courage.

Some of the most startling stories involve Iraqis — some of whom have worked for the U.S. government under threat of death and now could have even more to fear as U.S. troops are redeployed.

In one recent case, a middle-aged Iraqi mother of two teenagers was deemed a terrorist and barred refuge in the U.S. despite her work for the State Department as an economic development adviser.

Anna, as she is known by her American colleagues, is seen as a supporter of terrorism because of her work for the Patriotic Union of Kurdistan, a mainstream Iraqi political party that the current president of Iraq belongs to. She's no longer active in the party.

Anonymous callers have warned her that they'd take revenge for her work for the U.S. government.

Now, she wonders in a phone call from Iraq punctuated by sirens and static, "What will be my future?"

Army Lt. Col. Dennis Chapman, who worked with her when he was the chief of a military transition team in the Kurdish region of Iraq, said he doesn't understand why the U.S. government would reject someone who's proved to be an ally in need of help.

"It's an absurd finding," he said. "It deprives the word 'terrorism' of any meaning."
Anna, who's being helped by the international law firm Holland & Knight, is appealing the decision. As part of a nonprofit effort, the law firm has helped more than 300 Iraqis affiliated with the U.S. government.

Alkarim, who fled as a refugee to the U.S. in February 2001, can't work or travel, even though his wife and children have already become U.S. citizens.

In 2007, Alkarim sued the U.S. government in an effort to get his green card application moving. Although the Obama administration tried to get the lawsuit dismissed, a federal judge in Denver has allowed it to proceed and could rule soon.

Alkarim's lawyer, Jeff Joseph, agreed to take the case free. Justice Department attorneys, however, have told him if DHS is ordered by the judge to act, they'll likely deny Alkarim's request for permanent residency. The government lawyers suggested that his client might have better luck if he simply dropped the suit.

Recently, Alkarim's artwork was selected to be shown at Italy's Biennial of Florence, which bills itself as one of the largest exhibition of contemporary art in the world.
His abstract expressionist paintings were considered subversive by Saddam Hussein's regime — one of the reasons he was imprisoned.

His artwork will be displayed in December without him, however, because he doesn't have his green card. He said he's also had to turn down invitations to galleries in Switzerland, Dubai, France and London.

"It would be an honor to represent the United States," the 43-year-old said. "But I can't say I'm American."

Thursday, July 2, 2009

USCIS, FBI ELIMINATE NATIONAL NAME CHECK BACKLOG

U.S. Citizenship and Immigration Services (USCIS) announced that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program (NNCP) backlog."Our close partnership with the FBI has resulted in the accomplishment of this significant achievement with national security as its foundation," said USCIS Acting Deputy Director Michael Aytes. "This continued working relationship will help to ensure that name check processing is accomplished as quickly as possible without compromising security concerns."The final goal of the business plan was to achieve a sustainable performance level by the NNCP of completing 98 percent of name check requests submitted by USCIS within 30 days, and the remaining two percent within 90 days. In the majority of instances, however, the completion of a backlogged FBI name check has resulted in a "no record response." As a result, USCIS has been able to resume normal processing of most cases which most often ends in a final determination of eligibility. Next steps in the adjudication of cases that were previously delayed as a result a pending FBI name check request may now include updating fingerprint results, scheduling interviews, requesting additional evidence and other reviews to determine whether the applicant is eligible for the requested immigration benefit.

To read more about this article, visit www.USCIS.org

KIRBY JOSEPH & JOHN GRIFFIN PUBLISH ARTICLE IN IMMIGRATION & NATIONALITY LAW HANDBOOK

Joseph Law Firm, P.C. Managing Partner Kirby Joseph and Office Manager John Griffin had their article entitled "The Immigration Law Firm Stimulus Package: Diversifying Your Practice and Increasing Law Firm Profitability Through Effective Billing Procedures" published in the 2009-2010 edition of the Immigration & Nationality Law Handbook.

To learn more about Joseph Law Firm, P.C. staff, visit the About Us page on our website: www.ImmigrationIssues.com

JEFF JOSEPH QUOTED IN THE WASHINGTON POST

Jeff Joseph was recently quoted in the Washington Post article "Tax Records' Use in Colorado Illegal-Immigrant Probe Questioned" for his response to the seizure of tax records from a tax preparer in Greeley, Colorado as part of a search for Undocumented Citizens.

To read the article, visit www.washingtonpost.com

JEFF JOSEPH ELECTED TO THE AILA BOARD OF GOVERNORS

In June 2009, Jeff D. Joseph, Esq. was elected to the American Immigration Lawyers Association (AILA) National Board of Governors for a three-year term. AILA is the National Bar Association for Immigration Attorneys and consists of 11,000 members. The Board of Governors is the governing body of the organization and Jeff Joseph is one of 21 elected directors.

JEFF JOSEPH AND KIRBY GAMBLIN JOSEPH SPEAK AT AILA NATIONAL CONFERENCE

Jeff Joseph gave a speech at the 2009 Annual AILA Conference in Las Vegas entitled "Thinking Outside the Bureaucratic Box: Using the Federal Court to Challenge Unlawful AgencyAction." This speech was also published in the AILA Conference Handbook.Kirby Gamblin Joseph also spoke at the 2009 Annual AILA Conference in Las Vegas on Law Practice Management. Her speech was entitled "Its your Business: Managing Success in a Changing World.

JOSEPH LAW FIRM HOSTS SEMINAR FOR HUMAN RESOURCE PROFESSIONALS


Joseph Law Firm, P.C. will host a seminar on Strategic Immigration Planning for Human Resource Professionals on July 17th, 2009 at the Glenmoor Country Club.
This seminar will benefit Human Resource Professionals, Global Talent Managers and Lawyers.
The Seminar will cover topics such as:

Updates for Federal and State Immigration & Employer Compliance
Immigrant Visa Categories and their Limitations
Strategic HR/Immigration Planning to Recruit & Retain Global Talent
For More Information please contact mail@immigrationissues.com

DEPARTMENT OF STATE: LIMITED AVAILABILITY FOR VISAS TO THOSE BORN IN INDIA OR CHINA

Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). EB1 and EB2 Visas for China and India remain in high demand, while EB3 visas for China and India will be unavailable for the rest of the year.

ATTORNEY GENERAL DOES AWAY WITH COMPEAN ORDER

The Attorney General Eric Holder vacated the order issued in Matter of Compean by Attorney General Mukasey, and announced his intention to initiate a new rulemaking proceeding for regulations to govern claims of ineffective assistance of counsel in removal proceedings. The order in Matter of Compean limited non-citizen's ability to make claims of ineffective assistance of counsel in immigration proceedings.

USCIS RESUMES PREMIUM PROCESSING SERVICE FOR FORM I-140, Immigrant Petition For Alien Worker

USCIS announced that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker. Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition. Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant worker. To read more about this update, visit the USCIS website at: www.USCIS.gov