Showing posts with label Jeff Joseph. Show all posts
Showing posts with label Jeff Joseph. Show all posts

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

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.

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

Wednesday, April 29, 2009

THE CAP HAS NOT BEEN REACHED! USCIS CONTINUES TO ACCEPT H-1B PETITIONS

There are still a number of H1-B Visas available, but you will need to file now!
Contact Joseph Law Firm, P.C. at 303-297-9171 or at www.immigrationissues.com to inquire about the available H1-B visas.

USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master's degree or higher educational exemption cap.

USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

Joseph Law Firm, P.C. Receives Special Recognition from the Colorado Supreme Court


The firm was recognized by the Colorado Supreme Court Pro Bono Service Project. To receive the recognition, Joseph Law Firm, P.C. had to commit to 50 hours of pro bono service for each attorney in the law firm for 2008. This is the second year Joseph Law Firm, P.C. has been recognized for this pro bono service project.

Jeff D. Joseph, Esq. is pictured here with Colorado Supreme Court Justices Alex Martinez, Stephen Bender, Allison Eid and Gregory Hobbs.

Tuesday, November 4, 2008

Voting: Do it because you can

This is a day where I am so proud to be an immigration attorney. Today I received a message from Tony Suda. Tony has been a client of Joseph Law Firm, P.C. for several years. Today, he cast his first ballot as a Citizen of the United States of America. He e-mailed me to express his gratitude for our services and to describe the emotion that he felt as he cast his ballot in this historic election. This is a picture of Tony, casting his vote.

On this day, we will elect our first African-American President or our first female Vice President. This is truly an amazing and inspirational step-forward for our democracy. However, on this historic day, as Barack Obama and Sarah Palin enter the ballot booths, it is important to remember that African-Americans did not even enjoy the right to vote until 140 years ago when Congress passed the 15th Amendment. It is even more shocking that women did not have the right to vote until 1920 when the 19th Amendment was passed. Voting is the ultimate symbol of political power and denial of the right to vote the ultimate tool of political disenfranchisement.

I am struck by the fundamental importance of the vote and the power of the vote as a tool for political, societal and moral change. People have marched, struggled and died to exercise the right. The ability to vote is the single most important of our Constitutional rights. It is our vote that enables us to elect our leaders, to determine which ballot initiatives reflect our values, who will speak for us in government, and who will express our will in the laws that are passed for our communities and our country.

At the same time it is important to know that many of the people I represent have never enjoyed this most fundamental of rights. In fact, many of them have come to this country fleeing oppressive governmental regimes that would imprison, torture or kill them for even considering expressing political opinions that are contrary to those of the political party in power. To these individuals, their ultimate dream in seeking refuge in the United States is that one day, they too would be able to freely cast their vote, voice an opinion--even a contrary one--and live to tell about it.

Immigrants do not have the right to vote. This is a right reserved exclusively to citizens. For many immigrants, it is a decades-long and torturous road to citizenship and the right to vote, but it is one that they are more than willing to take. To the extent that they have no right to vote, immigrants (both documented and undocumented) are the most politically disenfranchised group of people living in our country.

It is a travesty that those most effected by our nonsensical and broken immigration system are completely powerless to change it. It is up to us as Citizens today to cast our votes for leaders who will be courageous enough to fix our broken system, and it is up to our elected leaders, whoever they may be, to put politics aside and fix it.

Fixing our broken system means allowing the millions of undocumented people who are living here, paying taxes and contributing to our economy to come out of the shadows. It means sorting between those who are here to do us harm and those who are merely trying to provide a decent living for their families. It means allowing those who are willing to learn English, pay taxes and avoid committing crimes to regularize their status and to put them on a pathway to citizenship. It means ending the decades-long backlogs in family and employment based immigration and eliminating the systemic incentives to cross the border illegally because it is impossible to do it legally. It means creating a sensible guestworker program that matches willing workers with needing employers so as to improve our economy and create jobs.

Cast your vote today. Cast it because you can. Cast it for the sake of the millions around the world and in our own country who do not have the freedom or power to voice an opinion.