Monthly Archives: December 2013

What Will Happen If Dozens of Immigration Judges Retire?

Swimming pool at VIP villas, Antalya, TurkeyAccording to a recent report by Laura Wides-Munoz for ABC News, nearly half of the nation’s 220 immigration judges (IJs) will be eligible for retirement next year, in 2014.

I’ve got to confess, my first reaction upon reading that was to think “Phew, I know of one or two judges who should have found themselves a sunny beach in Florida years ago.” (More on that, I shall not say.)

But apparently, clearing away deadwood comes at a price. Wides-Munoz identifies a number of foreseeable problems if even the average number of judges retire next year (which would be 11), and quotes the president of the National Association of Immigration Judges as saying that the increasing difficulty of the job may push that number up higher.

It’s a burnout job. IJs deal with a complex law, a high number of unrepresented noncitizens, a lack of support staff to deal with an often overwhelming caseload, the emotional toll of issuing what may be life-or-death decisions, and so on.

The main issue to do with coming retirements that Wides-Munoz  discusses is the inevitable increased delay for hearings to be scheduled and conclude.  (Many hearings last for more than one session.) This will lead to deserving cases being harder to present convincingly, and undeserving cases consuming resources if the noncitizen is in detention.

Another possible issue is that, even in the best-case scenario, in which many of the vacant positions are filled (which doesn’t look likely to happen quickly), the immigration courts will be increasingly populated by judges who don’t really understand immigration law all that well. Sure, the government will pick qualified candidates, but most immigration practitioners specialize in one area, and may be unfamiliar with others.

So, I officially withdraw my initial reaction. Don’t go! Retirement is overrated! Excessive sun exposure is dangerous!

How Much SHOULD a Diplomat’s Maid Be Paid?

illegal contractIf you’ve been following the headlines about the deputy consul general from India, Devyani Khobragade, whose arrest in New York over having submitted false documents to the U.S. government regarding the amount she was paying her housekeeper is sparking an international incident, you may have wondered: How much SHOULD she, by law, have been paying her maid?

If all that went by too fast, here’s a little more background: The deputy consul came to the U.S. on a diplomatic visa called an A-1. This visa allows its holders to bring along domestic staff from their home country — on the condition that they pay them the higher of:

  • the prevailing wage in that region, or
  • the federal or state minimum wage.

(Read more about this visa on the State Department’s page describing “Visas for Diplomats and Foreign Government Officials.”)

Ms. Khobragade brought a housekeeper along, and despite her apparent promises to the U.S. government that she would pay her housekeeper $4,500 a month, allegedly paid her a mere $573 a month, for work far in excess of 40 hours per week.

So, back to the original question regarding appropriate payment. For starters, the deputy consul obviously should have paid the amount promised in the visa application on behalf of the housekeeper, namely $4,500 a month. Making false statements on U.S. immigration applications is grounds for becoming inadmissible, that is, unable to receive future U.S. visas or immigration benefits.

As for the minimum the deputy consul should have offered, one must determine this by going to the Department of Labor’s “Foreign Labor Certification Data Center” website. For the New York Metro area, and the position of “Maids and Housekeeping Cleaners,” my search came up with a minimum figure of $10.32 per hour or $21,466 a year, which works out to $1,789 per month. Since that figure is higher than the federal minimum wage of $7.25 per hour, that’s what the housekeeper likely should have received at the very least — less than the amount originally promised, but far more than the amount apparently paid!

Obviously there are major questions about the way this case was handled, with an arrest outside the deputy consul’s daughter’s school, and alleged strip searches (looking for what?! the missing wages?). But setting that aside, should the deputy consul be allowed to claim diplomatic immunity to avoid meeting basic (and not overly generous) U.S. immigration and labor laws?

According to journalist Sandip Roy, India’s diplomats have a history of flouting U.S. labor laws. Roy concludes, “As consular staff member representing India abroad, Ms Khobragade enjoys many rights. The right to a domestic help at cut-rate wages however is not one of them.”

How Will You Know When USCIS Declares a Snow Day?

whitehousesnowWhen local schools are closed due to snow, you will usually hear it announced it on local radio and TV stations (and you can hear the cheers from around the neighborhood).

But how do you find out whether the office of U.S. Citizenship and Immigration Services (USCIS) at which you are scheduled to attend an interview or provide your biometrics has been closed due to bad (sometimes called “inclement”) weather? Sometimes the media may mention the closure of federal buildings, but it’s best not to count on this as your sole source of information.

If you have a lawyer, and he or she is a member of the American Immigration Lawyers’ Association (AILA), your lawyer will likely receive an email with any notifications of USCIS office closings.

If you don’t have a lawyer working on your immigration case, however, you may need to do a little research on your own if the weather is looking bad. USCIS does not make any attempt to reach out to people individually — trying to call or even email the thousands of people who are scheduled for appointments on a given day would probably take well into that night!

USCIS will reschedule non-INFOPASS appointments due to its own closure automatically, but that’s done by letter, and could take weeks. (If you made an INFOPASS appointment to visit a USCIS office, however, you’ll need to go online and reschedule that one yourself.)

The most reliable source of such information is on the “Field Office Closings” page of the USCIS website. On most days, it will simply say (in the top paragraph under the date) “All offices are open on schedule today.” On other days, however, this page will state which of USCIS’s offices nationwide are closed. According to a USCIS spokesperson whom I contacted, they also make an effort to advise people via social media, including the USCIS Facebook page and Twitter.

If in doubt, you could also try calling the National Customer Service Center at 800-375-5283.

If you are still in doubt, do your best to make it to your appointment. Failure to do so could result in weeks of delay at best, and possible denial of your application for immigration benefits.

Immigration Scammers Love the Uncertainty About Immigration Reform

man tearing up agreementFollowing up on recent stories about the lawsuit against so-called “American Legal Services” for defrauding immigrants (discussed in my previous blog, “This Is News: Actual Enforcement Against Shady Immigration Consultants!”), the East Bay Express produced an interesting story titled “The American Immigration Nightmare.”

It gave broader coverage to the problem of sham lawyers and consultants defrauding undocumented immigrants in the East Bay and beyond, with promises of remedies that either don’t exist or aren’t available to the person seeking assistance.

The most alarming aspect of the story was the following: “‘I anticipate the amount of immigration-consulting fraud will go up dramatically,’ said [Oakland City Attorney Justin] Nishioka, noting the White House’s recent renewed efforts to enact immigration reforms.”

Scammers love uncertainty. They prey on people’s fear that if they don’t act quickly, they’ll miss the boat, or at least fall to the back of the line. Given the power of the rumor mill, this blog probably won’t reach the people it needs to, but let me say right here: Immigration reform has NOT passed (and probably won’t until 2014 if at all), there is no new way to get a green card yet, and you should never give money to someone you haven’t thoroughly checked out!