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The editors of this magazine have asked me to give an example of a typical case which comes into the office. After I explained an Overview of Immigration Law to them and they saw where the 6th Circuit Court of Appeals which is the Federal Court of Appeals right under the U. S. Supreme Court stated that immigration law is the most complicated and convoluted area of the law, it became obvious that there are no typical immigration fact circumstances. Every case which comes into my office is different. This is because the Immigration and Nationality Act which basic Act was promulgated in 1952 has had several thousand amendments to it and there are at the present time over 32 immigration bills in the hopper in Congress. Immigration law is like a political football. Immigration is a creature of Congress and the attitudes of the general populace in the United States and Congress has changed over the years from one of liberality to one of being quite conservative. This writer has observed over the past 41 years that the conservatism and liberalism of immigration law and the Congress in general is much like the business cycle or the stock market. An immigration lawyer needs certain specific facts to begin an analysis. Those facts would be the full name of the prospective client, the age, nationality, marital status, children, if any, gender, the dates of any and all entries into the United States, the status at the time of those entries, if on a legal status-the expiration date of that particular nonimmigrant status and all departure dates. One also needs to know if the prospective client entered legally and if so if that client has overstayed the period of time issued on his/her I-94 “Entry and Departure Record” which is a 3 x 4 inch white card normally stapled in the passport opposite the visa page. Also, whether there has been previous unauthorized employment or not or whether one has been apprehended by the Immigration and Customs Enforcement (ICE) personnel and been placed in removal proceedings or not. When one calls our office, we immediately take initial information from them including many of the items listed above and mail out to them this office’s Lawyer’s Confidential Information Sheets which are intake sheets with more questions on them than that cited above. We also send them my Credentials, and our Mission Statement and other items of information. They prepare the Lawyer’s Confidential Information Sheets as best they can. On their appointment date they need to bring in all documents relating to their immigration status. Also, they are assisted by paralegals that are bilingual and help them with fully completing the Lawyer’s Confidential Information Sheets. While they are reading the materials in our reception area, they are treated to an instructional video of me explaining an overview of immigration law and many of the “buzz” words. Before they view the video explaining immigration law in an outline, they may view, if they wish, over 100 unsolicited complimentary letters from past clients. While they are viewing the video, I will be in the Conference Room analyzing the Lawyer’s Confidential Sheets which they have prepared and then meet with them. At the meeting, I will explain that I will be taking the interview in four (4) distinct steps. First (1st), I will ask a few more questions to fully understand their relevant immigration facts. Second (2nd) I will then explain immigration law to them as it pertains to their particular case. In the third step I will outline the course or courses of action which may be available to them to accomplish their goal. In the last step, they are to ask any and all questions that they have and then I will answer them hopefully to their full and complete satisfaction, but I will ask that they hold their questions to the end because I will not be able to fully answer all of their questions until mine are fully answered. After going through this particular method of analysis and conduct of the appointment, there are seldom any questions that the client has after that because I will have anticipated all of their questions. For those clients who do not presently have the equities to fit the requirements of the immigration law to obtain immigration benefits, I will explain what future actions, if any, may be taken to obtain immigration benefits. This office conforms to the wishes of our clients in that we set attorney fees on the basis of an attorney fee schedule and we emphasize that the fees are on a closed-end capped basis depending on which particular item is needed for their immigration case. We will then quote them an attorney fee to the penny for the particular items which need to be accomplished in their case or cases. There are some recent developments which will be of interest to many of the readers and that is as of January 31, 2008, Customs and Border Protection (CBP) at the port of entry will require documentary proof of U. S. Citizenship rather than an oral declaration from those who indicate that they are U. S. Citizens. In our next article I will explain an Overview of Immigration Law to you. Also, the American Consulate in Ciudad Juarez, Mexico is moving its offices in June, 2008 and is suspending e-mail communications for the next six (6) to eight (8) months. However, attorneys will be able to reach the Consulate by telephone. This article is written by H. Fred Ford, Sr., attorney of Ford and Associates 7000 Executive Center Drive, Suite 104, Brentwood, TN 37027 Telephone 615 376 8857 Fax 615 376 8951 email:
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