920 Immigration; Images/Imagenes; 920

Well we have a category they call it Cuban Haitian slash entrant. OK Of Let's talk a little bit about the role of the attorneys and the lawyers in the immigration process they say is also being criticized widely because they don't provide the entire information. They don't let their clients know how lengthy the process is how many frustrations they can go through and a lot of people feel that their own interest is on the economic and not the top of the client. Ed could you comment on that give us some examples. In any organization you're going to have the unscrupulous person and I believe that the majority of the immigration attorneys who practice Immigration Nationality law are very reputable people and that they are in business. It's a it's a livelihood for them. I don't believe that they withhold anything from their clients that would really harm them. We as the immigration service provide in our public reading rooms and to every

congressional office in our district the processing times on a monthly basis how long it takes it's a matter of public record so it's available to the alien if they want to avail themselves of it. And we also furnish these processing times to the immigration bill. Now there is I'm aware and we do everything we can to thwart any kind of an unscrupulous operation involving immigration mean Immigration and Nationality lawyers because some of the people are exploited but not the food force of immigration lawyers are that way. Do you have any example in case in point that you might think of that you could use an example of a situation. I think and I don't know I don't want to come on from here I can find one for you before we go if I have room to talk more about. All right you know I know you're going to get this I realize but as I say I can find a case for you that said OK what are other steps.

Let's go to the lowest level to the minimal level to try to explain the obvious what are the steps to follow. Once you want to apply for a permanent residence and then to become a citizen after five years. Well let's take a person who is married to a citizen of the United States then the citizen must file the petition for the beneficiary which would be the end. And based on that approval the alien then applies to us for permanent residence once a permanent resident. Three years after that date they become a permanent residence then they can apply for citizenship you know. To become a United States citizen. That is a rapid way to become a citizen of the United States if that same person is not a citizen but is a lawful permanent resident of the United States. Then that person must be a lawful permanent resident for five years if he's petitioned for a lawful permanent resident as opposed to being petitioned for by a citizen. The person must wait five years. In most cases they must wait five years to become a

lawful permanent citizen of the United States. That's after the date they have been admitted for permanent. And what are the categories like what's the difference between being considered a refugee or b c they're not you know applicant for permanent residency or even an entry as they called the Cuban and Haitian. Well a refugee is someone that is predetermined before they come to the United States. We have certain designated officers overseas to screen these applicants for refugee status if they meet the criteria set forth by the Department of State then they're issued they're admitted conditionally to the United States and after the here a year and they can apply for permanent residence. And there are certain processing and other people must follow the visa applications that are set up by the State Department. And they're divided as I mentioned before in preferences and as they qualify for these various preferences based on that they

apply to us for permanent residence. If somebody comes here as a non-immigrant there are certain conditions where they can apply to have their status changed to become permanent. But in most cases we asked if they were returned to his home country and get an immigrant visa for. Him in terms of that the applicant the large number of application and as you mentioned also that the growth in geometric growth that one brings you know three after them etc.. One of the steps to follow in terms of being able to realistically try to address the issue in terms to be able to process and speed up the process. You mean internally in the immigration service what are we doing. Well we're taking a calculated risk on a certain type. I mean there's right now there's an application where by a citizen of the United States you can petition for a brother or sister and our denial rate on those are very low. Just using this I'm not saying it's ever going to have are going to happen but

we look at this one type of application and say that we have a very low denial rate. Well it's been suggested that we would accept these mess and approve them and that would eliminate one block as opposed to spending hours and hours and hours to give it a Dolgin review. We would accept the risk factor in that case. The only time that we really deny one is if they are step brothers or something like that. And in the cases very very few other situations where we're talking about is extending the period of time that somebody is permitted to come to the United States once they come to the United States they ask for a week they want to stay here for a week and then the district here is receives an application to extend that period of time for an additional six months. And if it had been determined at the outset they wanted to stay here for six months it would have saved that application. So what we're doing is now whether somebody asked for one week or six months it's proposed to give

them six months at the outset and that will eliminate one application of the application to extend temporary stay is a high volume application in the district. If we could do away with it at the initial entry it would help us a lot and let us devote our officer time to some other application. As I mentioned before we've established in each region we have four regions in the country a processing center where we have assigned officers and supervisors and clerical people to process applications. They're not disturbed with the public. They have no emergency request from outside interested parties so that they can devote a full day to processing these applications. And it's only been in effect a few months and it's been very very productive and I think that that will help us. We've reduced our waiting time in one application from nine months down to six. And within a three month period. So we are we are making grounds that way.

Could you explain us also what are the elements involved in the screening process in terms of how to approve applications. Well there's certain criteria that must be met by each application. Each beneficiary must submit an application and there are certain requirements that they must fulfill before that application would be granted. And the problem that is faced by our adjudicators is to get them to document these requirements. They can say on a piece of paper on the form that I am such and such I have a degree. I have this experience or whatnot but we have to have documentation to establish that. And the adjudicator must evaluate that. Experience or. Education or whatever it may be that will qualify the applicant for that benefit. And that is a time consuming process sometimes it involves other agencies. We don't have to refer gudeman. We'll have to refer certain types of applications to the Labor Department for experience evaluation or to the Health Education and Welfare for

educational evaluation. And we have a library of reference books that need to be used just to verify that this person has the education or experience that is required. So it isn't a case of receiving something and putting a rubber stamp on it. Because a lot goes into that rubber stamp before is put on it. And in what way do you try to make it as objective as possible in terms of the number of people that screened the case or in terms of who makes the final decision. It's the approval is delegated to the lowest possible level. They're all signed by the district director in a sense. But he actually doesn't see every application that comes in here. That approval is delegated to an adjudicator which is several levels below the district director and only on denials of an application or a benefit. Is that right. Move back up to a supervisor. So that the supervisor must review

and approve all denial application of an application and once for example there is something on an application. How is the appeal process. Well it depends upon the type of appeal some appeals go to the regional commissioner some go directly to the Board of Immigration Appeals in Washington. And whatever that certain applications dictate certain appeal process some applications there are no appeals from them. The decision is final and from that we ask the person to make arrangements to leave the United States. And what makes one decision final. Another one. They allow us to be able to appeal as well if it's a discretionary decision of the district director or just give you one example on adjustment for permanent residence. If we we use discretion then we can. We ask the person to leave the United States has no appeal from that decision. OK well thank you very much.

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Oh. Now. You will see through this. Do you have a birth certificate from school. Not available for me. When. You marry. The girl. You want to bring my sister and sister. She no she's not she's engaged. Yes for I was thirty. Two I need an attorney to do this. No well we can talk to you. It's up to you is very easy to.

Please. You'll need to support a document your birth certificate. First to my show. I love it. You say he's not man you plan on getting married before she comes to you. She's going to get married in August. Dear Boy oh boy that depends how far she can get in