Our client, a citizen of Trinidad & Tobago, was in removal proceedings for a very long time.  She attempted to become a permanent resident through sponsorship from her two former United States citizen spouses.  However, when that failed,  and her case took several unexpected turns over the years, she was just about ready to give up.  With our help, though, she successfully won a complicated self-petition and recently became a lawful permanent resident!  Below, she proudly displays the temporary green card stamp in her passport!

Attorney Irwin Berowitz with a Client

CONGRATULATIONS!!

© 2011, Thaker Berowitz LLP. All rights reserved.

Attorney Irwin Berowitz with a Client

© 2011, Thaker Berowitz LLP. All rights reserved.

The system is overburdened with not enough resources.  More cases are being filed in immigration courts by the Department of Homeland Security.  Many immigrants are experiencing poor legal representation from immigration lawyers (or other legal representatives).  Delays of a year or longer for a case to be completed are normal.  This means some immigrants may be unable to travel internationally or even work lawfully until they successfully complete their immigration court case.

As frustrating as this process sounds, thousands of immigrants throughout the United States must deal with the immigration court system on any given day.  As immigration lawyers, we must also deal with this inefficient system on a daily basis.  It is often very difficult to explain to a client why their next hearing will not occur for another two years or so.  It is frustrating to have to wait so long for a resolution.  But patience is required.  Patience from clients and patience from lawyers.  Right now, there is no other way to combat this growing frustration.

Hopefully, the system will change for the better in the future…

© 2011, Thaker Berowitz LLP. All rights reserved.

Then check out the Immigration Court Backlog Tool created by TRAC at Syracuse University.  This data includes information available as of December 30, 2010.  You can filter the results in a few different ways to get to the exact information you may be looking for!

On a related note, TRAC also has provided information about the continuing backlog in immigration court in 2011!

© 2011, Thaker Berowitz LLP. All rights reserved.

Our client was placed in exclusion proceedings in 1989 by the former Immigration and Naturalization Service (“INS”).  “Exclusion” proceedings no longer exist, but prior to 1996, an alien seeking entry into the United States who was deemed inadmissible was placed in exclusion proceedings (as opposed to “deportation” proceedings, which were meant for a person already present in the United States who the INS wanted to deport).  Our client failed to appear for her exclusion proceedings before an immigration judge, so the immigration judge administratively closed the case.  Back in the days, judges often did this instead of ordering someone “excluded” (or “deported”) for failing to show up.  Nowadays, in “removal” proceedings (which in 1996 replaced the “exclusion” and “deportation” proceedings), an alien may be ordered removed in his or her absence for failing to appear for a scheduled hearing.

Our client went on to live her life in America – she married a United States citizen, had children, and even started her own business.  Her husband was a beneficiary of a petitioner HIS mother had filed for him prior to April 30, 2001, so our client was a derivative beneficiary of that petition.  Unfortunately, our client and her United States citizen husband divorced before she had an opportunity to apply for permanent residency.

She later married another United States citizen.  She came to us, wondering if she would ever be able to become a permanent resident.  After we discussed her case in detail with her, we were able to strategize her case to pursue adjustment of status under section 245(i).

An immigration judge granted permanent residency to our client, who, after more than twenty years in the United States, is now finally in legal status!

In her own words, our client sent us this email today:

Good Morning Miss Thaker and Mr. Berowitz

[Client name]

All we did was our job.  But it’s such a reward to know that we made a huge difference in someone’s life; we helped a husband and wife stay together; we helped a mother stay with her children; our work allowed a contributing member of the society continue to grow her business.

We couldn’t ask for anything more!

© 2010, Thaker Berowitz LLP. All rights reserved.

According to a recent report, backlog in immigration courts continues to increase.

Check out the pending cases in immigration courts throughout the United States.

Some notworthy numbers:

Cases pending at the New York City (NY) Immigration Court: 33,859

Cases pending at the Los Angeles (CA) Immigration Court: 43,110

Cases pending at the Miami (FL) Immigration Court: 12,036

© 2010, Thaker Berowitz LLP. All rights reserved.