Counsel must also obtain information concerning the client’s immigration situation, and the “equities” in favor of obtaining lenient treatment for the client.  A questionnaire by which criminal counsel can obtain the basic information necessary to brief immigration counsel on the immigration situation has been included as Appendix 4.

 

            Immigration Status.  The first question is does the client have a passport or any documents or letters from the INS?  If so, make photocopies.  Counsel may need to ask an immigration attorney to interpret the documents.[3]

 

            Often, a person does not know exactly what his or her immigration status is.  S/he may have applied for some relief and may believe wrongly that s/he now has a green card.  If somebody has a green card, s/he may use shorthand and describe him- or herself as a “citizen.”  The immigration document itself is the best starting point for unraveling the story.  Also, it will give the client’s “A number” (an eight‑digit number beginning with the letter A) which is the key to finding his or her record with the INS when you submit an FOIA request or make other inquiries.[4]

 

            Answering the following questions is necessary to determine a person’s current or potential immigration status.  If an immigration specialist is consulted, s/he will need to know this information in order to diagnose the client’s situation.

 

·        Is the client now, or has s/he ever been, a permanent resident?  If so, for how long?  The date of adjustment to permanent residency will appear on the person’s green card. 

 

·        How long has the client lived in the United States?  When was the first entry?  Has the client had significant departures since that time?

 

·        In what country does the person hold citizenship?  In what country did the person last reside?

 

·        Does the client come from a country that suffers from civil war or human rights violations?  Does the client have any concerns about returning?

 

·        Does the client have a spouse, parent, child, or sibling who has some kind of legal status?  If so, what is it and when was it granted?

 

·        Is or was the person a temporary resident or applicant for temporary residency under an amnesty program?  Was it the 1/1/82 legalization program, or the SAW farm worker program?  What happened with the application?[5] 

 

·        Would the client’s employer help the client to immigrate?[6] 

 

·        Has the client ever been deported or left the U.S. under voluntary departure?  Has the client ever gone before an immigration judge?

Note: Often people escorted out of the U.S. by the immigration authorities do not understand whether they are being removed or taking “voluntary departure.”  Removal cannot take place unless a client is first brought before an immigration judge.  Many clients from Mexico accept voluntary departure after being arrested by the border patrol and being persuaded to sign a waiver form and accept a bus ride across the border.[7]  Immigration or FBI records provide a definitive answer.[8]

[3] K. Brady, California Criminal Law And Immigration, Appendix V (2000) (provides depictions of several commonly used documents and an explanation of what they mean). 

[4] See § 3.14, infra, on how to verify the client’s immigration situation.

[5] See California Criminal Law And Immigration, § 11.1.

[6] For most non‑professional workers, this may yield few results.  See California Criminal Law And Immigration, § 11.14.

[7] See California Criminal Law And Immigration, § 1.8.

[8] See California Criminal Law And Immigration, § § 8.8‑8.9.

Other

FOIA - CHECK STATUS OF FOIA REQUESTS ON-LINE
http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCRD&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190aRCRD