Insight

Practicing Immigration Law Guerrilla Style

Studies show that on average immigrants are generally law-abiding—more so than native-born Americans.

Immigration Law
AM

Amy Kirkland Myers

January 22, 2018 10:54 AM

I long for the days when practicing immigration law was routine. When I told people what I did for a living, their eyes glazed over in a similar manner as if I had said I was a tax lawyer or did mergers and acquisitions. No longer. Under the current administration, practicing immigration law puts you in the cross-fire between the big divide. Even the language used by the groups across the divide are different. One group’s “family unity” is another group’s “chain migration.” Guerilla war tactics refer to a fight where one side is much more powerful than the other, or asymmetric warfare. Seeking legal immigration benefits for my clients in today’s environment has the essence of that feeling because the attitudes and many of the changing rules seem stacked against the immigrants.

How will we survive this phase in our country’s history? First, it is imperative that we learn to separate fact from fiction.

Yes, we are a nation of immigrants. As a nation, we do value family and have traditionally valued family unity.

Studies show that on average immigrants are generally law abiding—more so than native born Americans.

Second, what is the true purpose of the “us against them” mentality? What is the real concern at the root of this issue? Similar to a husband and wife bickering about turning out lights when leaving a room, there is a hidden argument that goes beyond our immigration system. It may be concern about the fact that America is becoming increasingly non-white and/or multi-cultural. Whatever the true concern, we should have those difficult discussions and resolve our anxieties about those fears.

Third, immigration lawyers should help inform the public about our immigration system, which very few people have much knowledge about. The U.S. has a population of 323.1 million people, and we get one million legal immigrants per year. Our immigration laws are a hodgepodge of laws, regulations, and policies that span more than a hundred years. The culmination of those laws doesn’t necessarily suit our country’s needs or that of the immigrants. Often, someone assumes that it is easy to procure a “work visa,” as if a foreign national could simply pay a fee and get work authorization. That simply is not how it works. The process is more like Cinderella’s step-sister trying to cram her foot into a tiny shoe as there are only certain categories for immigration with specific requirements.

In general, immigrants to the U.S. come through the path of family immigration or employment, except the 50,000 per year that are winners of a diversity lottery program for individuals from countries that typically send very few immigrants to the U.S.

Over the course of almost 20 years of practicing immigration law, I have learned that people feel differently about general immigrants than they do about the immigrants they actually know. This fact is true for undocumented immigrants as well. Clients are happy to tell you about Joe, who is a great person, family man, and who pays his taxes. Or Maria, who is a hard worker and the most honest woman you have ever met. Immigrants should not be viewed in the abstract. They are our neighbors, coworkers, mothers, fathers, and siblings. The most wholesome group of teenagers I have ever met were the Deferred Action for Childhood Arrivals (DACA) teenagers—especially the young ladies. They were so well-mannered and organized with all of their school records, report cards, and class photographs, carrying notebooks of papers with them, as if to make up for the fact that they were “undocumented.” Seeing those young American children never failed to bring tears to my eyes. Right now, the futures of those promising young people are at risk. That is a sad fact for them but also for our country, because many of these young people are literally the “best and the brightest” America has to offer.

Now the United States Citizenship Immigration Service (USCIS) has begun reviewing all petitions with harsher scrutiny, and not just in terms of security measures. The service issues more requests for evidence and denies more cases than ever before. It feels like the door is closing to a crack, and we have to show that our applicants are just about perfect to be eligible for any immigration benefits, even temporary benefits. Individuals who are simply seeking an extension of their current status no longer get any deference in the processing for their cases. Efforts to make it more difficult to obtain congressional assistance in immigration filings are afoot, and the State Department is losing valuable employees important to visa processing and to assuring that the rule of law is followed.

Since when did Americans become afraid to compete with individuals from other nations? When did we stop considering ourselves as among the best and brightest in the world? U.S. universities are losing talent to other countries, and our whole society will suffer for it. I am certain that history will judge this time of xenophobia and isolationism harshly. In the meantime, we must adhere to the rule of law and hold our elected officials accountable.

Throughout this turmoil, I am comforted by everyday events. Naturalization ceremonies where individuals born in other countries are so proud to become American citizens that their faces light up with joy when taking the oath of citizenship. Seeing my law partner’s baby green card picture in our conference room and realizing that she came to the U.S. as a Hungarian refugee at three years of age when her mother carried her over a river to escape bloody revolution. Foreign-born doctors who will go to the smallest towns and rural communities to provide needed health care in the U.S. Sisters and brothers who are able to be together after waiting for 15–20 years for a visa to become available. Families who have joyfully adopted babies and young children from other countries.

It is in these heartfelt sights and many others that show people from all over the world have much more in common with each other than they have differences. Even in these dark times I know that inclusion and acceptance will prevail and that this period of time is an aberration in our nation’s history. As soon we as a nation will realize that Americans can compete on the world stage and that we do not need to hide in fear of our global society.

-------------------------

Amy K. Myers has been an immigration attorney for over 19 years, and prior to that time, practiced employment law. She practices with Tedrow & Myers Immigration Law Group in Birmingham, Alabama. Her practice is exclusively devoted to immigration for both family and business (with an emphasis on health care providers). A large focus of her practice is on business immigration, including all forms of non-immigrant categories, immigrant filings, labor certifications, Schedule A filings, and investor visas.

Related Articles

The Price of Admission


by Janice Zhou

States and the federal government are engaged in a pitched battle over immigration and refugee settlement—with the legal profession caught in the middle, taking fire from both sides.

Immigration Reform in Connecticut

Cost of Entry


by Best Lawyers

As naturalization fees increase, a local nonprofit provides financial relief for immigration

Financial Relief for Immigration in Florida

Loophole or Fatal Flaw?


by Joseph Begonis

Canada's Best Lawyers share their thoughts on the Safe Third Country Agreement

What Is the Safe Third Country Agreement?

Issue Spotting Guide for Assessing Outbound from U.S. Travel Issues


by Neil S. Dornbaum

This guide is intended to serve as a resource for management on travel and immigration-related concerns.

Issue Spotting Guide for Assessing Outbound f

Chain Migration Solutions Desperately in Search of a Problem


by Aaron C. Hall

The White House insists that any new law giving Dreamers a permanent place in the United States also stop what it refers to as the chain migration problem.

Chain Migration

H-1B Applications: Proactive Steps in 2018


by Brad J. Hendrick

Last year, USCIS received approximately 199,000 applications for the 85,000 H-1B visas allocated each year.

H-1B Applications

Interagency Cooperation: Raising the Bar for Immigration Compliance


by Kathleen Campbell Walker

Stove-piped legal representation is not advisable (e.g., only focusing on one agency segment or one portion of a filing process).

Immigration Compliance

Trump Administration’s Termination of DACA, TPS, and H-4 EAD Immigration Programs Could Leave Employers in a Lurch


by Ann Massey Badmus

Several immigration programs that have authorized over a million immigrant workers are expected to end in 2018 and 2019.

DACA, TPS, and H-4 EAD

The Trump Administration’s Attack on Legal Immigration


by Bennett R. Savitz

The adjudication strategy achieved the change the Trump administration wanted to make to the H-1B program without having to amend the regulations.

Legal Immigration – Trump

Immigration Worksite Compliance Issues for Employers


by Maria I. Casablanca

Immigration worksite enforcement has become a balancing act between verifying eligibility to work and avoiding discrimination; thus it has merged two fields of law: labor and employment law with immigration and nationality law.

Immigration Worksite Compliance

Smart Policy and Smart Compassion


by David P. Berry

Why it makes sense to protect the Dreamers.

Dreamers

H-1B Planning for Fiscal Year 2019


by Lisa Koenig

Employers should be prepared to pivot.

H1-B Planning

Trump and Immigration: Separating Truth from Fiction


by Harlan G. York

Deportations aren’t up, but the people who are being deported are more “newsworthy.”

Trump and Immigration

Dilip Patel, 2018 "Lawyer of the Year" for Immigration Law


by Nicole Ortiz

Dilip Patel of Dilip Patel Law Firm was named 2018 "Lawyer of the Year" in Tampa for Immigration Law.

Dilip Patel LOTY

In the News: South Florida


by Compiled by Nicole Ortiz

A summary of newsworthy content from South Florida lawyers and law firms.

South Florida In the News 2018

In the News: Southern California


by Compiled by Nicole Ortiz

A summary of newsworthy content from Southern California lawyers and law firms.

Southern California In the News

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky