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L&L Celebrates Grand Opening of Williamsburg Office

4/23/2013

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HRHCC ribbon cutting ceremony
By Lauren Vogt

This past Saturday, L&L Immigration Law, PLLC celebrated the opening of its second office in Williamsburg, Virginia with a "Gran Inauguración" (Grand Opening in English).  Approximately 50 members of the community attended to show their support and meet our attorneys.  Visitors were able to walk through our offices and enjoy light refreshments.  Many inquired about the artwork on our walls, much of which was obtained from several visits to Latin America.

Olga Torres, President of the Hampton Roads Hispanic Chamber of Commerce (HRHCC), officiated a ribbon cutting ceremony and presented us with a certificate from the Chamber.  Ms. Torres welcomed us to the community and expressed her desire to continue working with our law firm in the future.  The children in attendance got into the action as well, helping to hold the ribbon we cut to commemorate opening the doors of the new office.

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The office prepared for the grand opening
During the grand opening, Laura and I explained the services we offer to the community.  Several people inquired about the status and contents of the proposed immigration reform bill.  We will be posting several blogs on this topic over the next few months to keep everyone abreast of the progress of the bill.

Visitors also questioned how often we planned to staff the office.  For the immediate future, either Laura or I will be in the Williamsburg office at least every other week.  A schedule is posted outside the door with days an attorney will be in Williamsburg.  We plan to start spending more time in Hampton Roads as demand for our services increases.

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HRHCC certificate
Laura and I are both excited to be back in the Williamsburg area.  Both graduates from the William & Mary Law school, it feels great to give back to the community we came to love in law school.  

We were happy to welcome several parishioners from the church where we gave presentations through De Vecino a Vecino, a student organization that Laura founded in 2009.  We were also thrilled that two current law students, Courtney Thomas and Gary Godman, volunteered their time during final exams to ensure our event was a success.  And of course, we couldn't have pulled this off without the help of our biggest cheerleader in Williamsburg, Linda Flores.  The effort each of these individuals put into the event was incredible.

We'd like to thank everyone who came to our grand opening, and we look forward to working with the Williamsburg community in the future.  To inquire about our schedule in Williamsburg, please send an email to info@llimmigrationlaw.com or call us at: 571.429.3439.

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April Brings Immigration Reform Debate Front and Center

4/15/2013

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By Laura Jacobson

April has been an exciting time in our nation’s capital, with calls for immigration reform gaining steam and reports of proposed legislation coming out any day now. Last Wednesday and Thursday, Lauren and I were on Capitol Hill participating in two major events.

Wednesday was the A10 Rally for Citizenship on the West Lawn of the Capitol, with thousands of supporters from across the country in attendance. It was a hot day for a rally – the temperature rose to 90 degrees, though it felt even hotter in the crowd of sweaty, spirited supporters. Lauren and I arrived early and claimed a spot near the front, just behind the press. Looking behind us as the rally progressed, the crowd stretched back to cover the entire lawn, with more watching from the other side of First Street, crowded around the Capitol Reflecting Pool. American flags waved around us, some paired with the flags of Mexico, El Salvador, and other places from which people had come to this country.

Speakers took the stage, from faith leaders to elected officials, from union organizers to poets and musicians. Some called for reform in memory of the thousands who have died trying to cross our southern border. Others talked about families separated, children in foster care after their parents are deported. Rep. Luis Gutierrez of Illinois noted that when he leaves home on business, his wife and children don’t have to worry about whether he will come back, a fear that the families of the undocumented in our country face every day. Sen. Bob Menendez of New Jersey argued that national security is a reason to support immigration reform, not hinder it, saying, “We cannot protect America if we don’t know who is here to fulfill the American dream and who is here to do it harm.” Though they represented a diversity of backgrounds, the message of each was the same: the time is now for immigration reform.

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The following day, Lauren and I were back on Capitol Hill for AILA’s National Day of Action. It’s an event AILA holds every year, in which immigration lawyers from around the country come to DC to engage with their elected representatives on immigration legislation. Meetings are held with members of Congress and their staff to discuss immigration solutions.

Lauren and I have each participated in National Day of Action in the past, and the atmosphere this year was unlike anything we’d experienced before. In other years, many on Capitol Hill told us frankly that immigration legislation was not something they were even considering, as other issues took precedent. This year, immigration reform seemed to be on everybody’s radar. Staff of the same offices that only recently told us they would not consider reform were now receptive to conversations about possible solutions, including a path to legalization for the undocumented. Virginia Rep. Bob Goodlatte, Chair of the House Judiciary Committee, even took the time to personally meet with a group of us in his office, explaining his vision for reform and what he is doing to educate fellow members of Congress about the complexities of our immigration laws. 

One highlight of National Day of Action was the opportunity to hear from several members of Congress whose personal experiences shape their understanding of the need for reform. Sen. Mazie Hirono of Hawaii told AILA members of her family’s immigration from Japan. Rep. Gutierrez recounted the economic conditions in Puerto Rico that motivated his parents to start a new life in the United States. Rep. Tammy Duckworth of Illinois, an Iraq War veteran and double amputee, shared her family’s story. Born in Thailand to a Thai mother and U.S. Marine father, Rep. Duckworth recounted the toll on her family when they moved to the U.S. and her mother’s arrival was delayed while her immigration visa processed.

The day concluded with the American Immigration Council’s Immigrant Achievement Awards. Winners of the Immigrant Achievement Awards shared their inspiring stories, and General Colin Powell, who received a Public Service Award, spoke about how his parents came to the United States from Jamaica and how that heritage has shaped him.

There is talk of the Senate releasing its proposed bill this week, as early as tomorrow. In the debates that will follow, Americans and their elected officials will do well to remember the human stories behind the conversation -- the stories of those who gather in the heat on the Capitol lawn to call for better immigration laws, the stories of our leaders, whose immigrant background has driven their accomplishments.

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Unintended DACA Consequence: Discovering Other Immigration Benefits for Children

4/2/2013

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By Lauren Vogt

In the seven short months since its start in August 2012, the Obama administration's Deferred Action for Childhood Arrivals (DACA) program has benefited nearly 250,000 individuals.  DACA provides qualifying individuals without legal immigration status the ability to work legally, obtain a driver's license, and come out of the shadows without impending fear of deportation.  DACA does not, however, let these young individuals apply for a "green card," or permanent residency in the U.S.  They cannot freely travel or take advantage of the other benefits of having a green card.

Some of these DACA applicants, however, might be discovering additional though less-publicized relief.  A New York Times article last month highlights an unintended consequence of DACA, which we are seeing in our practice: Applicants seeking legal help for the first time sometimes find out they qualify for visas they never knew existed.  These visas provide exceptional benefits apart from the DACA program.


The Times article describes three specific visas, available to both children and adults:

  • U visas are available to victims of certain crimes who assist law enforcement with the investigation and/or prosecution of the crime.
  • T visas are given to victims of human trafficking. Three years after receiving a U or T visa an individual is allowed to apply for a green card.
  • The Violence Against Women Act (VAWA) is designed to protect spouses, children, and parents of abusive U.S. citizens or green card holders.  Because of the relationship between the victim and the perpetrator, frequently individuals who apply for visas under VAWA are eligible to receive their green cards quickly thereafter.  

A fourth type of visa is perhaps the best-kept secret for juveniles lacking immigration status in the U.S.  In 1990, Congress created Special Immigrant Juvenile (SIJ) Status.  SIJ status is specifically designed for children (i.e., individuals under 21) who have been abused, abandoned, or neglected by a parent.  Upon approval, the child is eligible to apply for a green card in the U.S.

SIJ status has made very little news nationwide, perhaps because the application process differs from any other visa application process.  The first step involves going to a state court, typically the Juvenile and Domestic Relations (J&DR) court, to obtain an order from a judge. The judge must state that:

  1. The child is dependent on the court or placed in the legal custody of a non-abusive parent, relative, or third party;
  2. It is not in the child's best interests to return to his/her home country; and
  3. The child cannot be reunited with one or both parents because of abuse, abandonment, or neglect.

Typically the required order is obtained through a custody or guardianship proceeding at the J&DR court.  Although for immigration purposes a child is considered to be someone under 21 years of age, the jurisdiction of a J&DR court often ends when a child turns 18.  It is therefore extremely important to identify children eligible for SIJ status at an early age, preferably well before they turn 18.

After receiving the appropriate order from a state court, the child then may apply to the U.S. Citizenship and Immigration Services (USCIS).  The process then proceeds similar to a typical visa application, with the opportunity to apply for permanent residence upon approval of the visa petition followed by the ability to apply for citizenship.

A child can apply for SIJ status regardless if he/she is currently in removal proceedings.

If you or someone you know qualifies for one of these alternative immigration benefits, it is recommended to seek legal advice as soon as possible to ensure he/she remains eligible.
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