My Immigration Story

A series of posts by Daryanani & Bland staff sharing their own “immigration” stories—how they (or their families) came to America and/or how they came to work in the immigration law field.

My immigration story begins when I discovered my grandfather had an accent. As a child, I never recognized his Irish “brogue” (the word supposedly comes from the idea that the Irish sounded as if they spoke with a shoe in their mouths—“bróg” is the word for shoe in Irish), distinctive after more than fifty years of life in the US. I heard no difference at all in how he spoke compared to how my parents or grandmother (native “noo yawkahs”) spoke.

My grandfather was born in the Lanes of Limerick, Ireland in 1912. These same Lanes were made famous in Angela’s Ashes by Frank McCourt, and there has long been speculation in my family that the hearse driver mentioned in the book was my own great-grandfather. Who knows—people love a good yarn! Certainly Summer Street in Limerick—where my grandfather grew up—is a short walk from the home described in McCourt’s book. My grandfather had a 6th grade education but was among the most intellectual and well-read people I ever met. As a child during the Irish Civil War, he ran across enemy lines to deliver messages to the Irish Republican Army fighting the Provisional Government over the Anglo-Irish Treaty. Following the war—as before it—he and his family struggled to survive in the urban slums, and it was no surprise that he would follow in the footsteps of millions of his countrymen and women and take the boat to America. He arrived in New York City at age sixteen in 1928. His name was Jack Bray.

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IDNYC

Last Monday, Mayor Bill de Blasio introduced the city identification program, the largest program of its kind in the country, which will grant government-issued IDs regardless of immigration status. This free card, one of de Blasio's campaign pledges, promises to bring "peace of mind and access to City services that come from having recognized identification. IDNYC benefits every city resident, including the most vulnerable communities—the homeless, youth, the elderly, undocumented immigrants, the formerly incarcerated and others who may have difficulty obtaining other government-issued ID." The mayor said that the ID is just a "'piece of plastic, but it's going to open so many doors for our fellow New Yorkers.'"  

While the ID card is ideal for those who do not have government-issued ID, the administration also hopes to entice those who do by providing numerous benefits, including allowing the IDNYC card to serve as a library card in all five boroughs (anyone who has tried to sign up or has moved frequently around the boroughs knows how beneficial this could be), a one-year free membership to thirty-three of New York City's many leading museums, zoos, concert halls, and botanical gardens, as well as discounts for prescription drugs, gym memberships, and entertainment.

To qualify for the IDNYC card, applicants must be fourteen years or older and a NYC resident. Applicants must first make an appointment (the earliest available appointments for many of the interview sites were several months in advance), fill out an application confirming New York City residency, and then attend an in-person appointment with documents proving identity and NYC residence (for those who are not homeless). There have been many reports of long lines and delays. We tried out the system ourselves and received numerous error messages after several attempts to schedule an appointment, so the site still appears in need of improvement. The mayor denied there were any similarities with IDNYC to the ill-prepared HealthCare.gov rollout. Others have expressed privacy concerns over how the city would release and use the data obtained from those signing up for the program.

One of the first recipients of the IDNYC card was Esther Sanchez, an undocumented immigrant and mother of three from Mexico, who was invited to speak beside the mayor at the news conference, and who said: “This ID card is the key to having a more fulfilling life[.]” 

An Inescapable Network of Mutuality

"...I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial 'outside agitator' idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds."

- Martin Luther King, Jr.
  Letter from Birmingham City Jail

Liz Brettschneider Has Been Made Partner!

Native Connecticutter, Girl Scout cookie-selling contest winner, captain of her college soccer team, four-time marathon runner, and volcano climber, Liz Brettschneider can now add another achievement to her life and career as a lawyer: partner at Daryanani Law Group. This achievement was the result of her many years of work as an immigration attorney here in New York City (and also helpful was her J.D. from the University of Connecticut School Of Law).

Liz wore her "partner sash" on her recent trip toChile because she wanted everyone to know her good news!

Liz wore her "partner sash" on her recent trip to
Chile because she wanted everyone to know her good news!

"No one cares about her clients more or fights harder for her clients than Lizzie B," Protima said. "She's incredibly smart, a tremendously dedicated and hard worker, and I'm thrilled that she's now my partner. I'm still going to call her Lizzie B, which I know she loves secretly."

Liz's practice as an immigration attorney has focused primarily on business immigration and she has enjoyed working with corporate clients including many top fashion retailers, theaters, and film production companies in New York City and across the country. She also has extensive experience working with different human resources departments on worksite enforcement matters, including LCA compliance and H-1B site visits, and has handled a range of family-based immigration matters. Liz is also an active member of the American Immigration Lawyers Association (AILA) and is a former Chair of the New York City Chapter's Executive Committee.

What does the new partner think?

"I've known Protima for a number of years and I couldn't be happier with this team," Liz said. "I've enjoyed working with everyone at D&B and I feel lucky to have a job that I love going to every morning. And as partner I'm now planning on making incredibly diva-like requests, so they better watch out!"

Congratulations, Liz!

The Beacon: "USCIS and Law Enforcement Unite to Fight Human Trafficking"

President Obama has declared January 2015 to be National Slavery and Human Trafficking Prevention Month. US Citizenship & Immigration Services (USCIS) is consequently highlighting their role "in protecting victims of human trafficking, who are often vulnerable people tricked into modern-day slavery by false promises of jobs."

In conjunction with the US Department of Homeland Security’s Blue Campaign—which provides public awareness of human trafficking as well as educational support and training to law enforcement and government agencies—USCIS and Homeland Security are striving to bring a "victim-centered approach" to end human trafficking by placing "equal value on identifying and stabilizing victims and on investigating and prosecuting traffickers."

Since many traffickers use the immigration status of their victims to threaten and keep them in submission and slavery, and further since victims are often crucial to the successful prosecution of traffickers, USCIS has visa options for victims of trafficking and serious crimes: the U or T visa. T visas (5000 per year) are available for trafficking victims and certain family members; U visas (10,000 per year) are available to victims (and certain family members) of trafficking, domestic violence, and other qualifying serious crimes that violate US law. If all 10,000 of the U visas are issued in the year (and they have been since 2010), those on the waiting list can remain in the US and apply for work authorization.

In addition to T and U visas, trafficking victims may be able to obtain temporary legal status called Continued Presence (CP) from US Immigration and Customs Enforcement (ICE) allowing victims to remain in the US to act as witness in an investigation into the trafficking-related crimes committed against them.

Despite the best intentions of the T and U visas, immigration advocates note the visa requirements can be burdensome or difficult to meet, government agencies are sometimes uncooperative in assisting victims or even treat the victims as criminals, and requiring that the victims agree to testify against their traffickers can result in threats and retaliation to the victim's family members in their home country.

The Twinkling Lights of America

"I’m on deck the dawn we sail into New York. I’m sure I’m in a film, that it will end and lights will come up in the Lyric Cinema. The priest wants to point out things but he doesn't have to. I can pick out the Statue of Liberty, Ellis Island, the Empire State Building, the Chrysler Building, the Brooklyn Bridge. There are thousands of cars speeding along the roads and the sun turns everything gold. Rich Americans in top hats white ties and tails must be going home to bed with the gorgeous women with white teeth. The rest are going to work in warm comfortable offices and no one has a care in the world. . .I stand on the deck with the Wireless Officer looking at the lights of America twinkling. He says, 'My God, that was a lovely night, Frank. Isn't this a great country altogether?' 'Tis.'"

- Frank McCourt, Angela's Ashes

Department of Homeland Security Will Change Handling of Notices of Decision and Documents Evidencing Lawful Status

On January 27, 2015, United States Citizenship & Immigration Services (USCIS) will change their procedures for sending out notices of approval and other documents granting status to foreign nationals such as work cards (Employment Authorization Documents) and Green Cards. Currently, Employment Authorization Document (EAD) cards and Green Cards can only be delivered directly to the applicant’s US address.

Such deliveries do not require a signature, however, and occasionally these important documents are never received by the applicants. In such cases, USCIS requires that the applicant submit an additional filing and related fee, unless USCIS systems show that the document was returned as undeliverable to USCIS. This practice arguably places an unfair burden on applicants who may not be at fault in the delivery failure.

The new rules allow applicants and employers to request that these original documents along with approval notices be delivered solely to the business address of the applicants’ attorney or accredited representative. Effective January 27, 2015, applicants and employers will be able to make this request by selecting a check box on the new Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. In having these important documents delivered to the business address of the applicants’ attorney, it is hoped that the number of deliveries “lost” in the mail will be reduced.

USCIS also clarified their rules regarding delivery of notices of approval and other documents conferring status:

  • USCIS will only send notices to the person or entity applying for the benefit, when neither is represented by an attorney or accredited representative;
  • When USCIS is notified on the Form G-28 that a person or entity is represented by an attorney or accredited representative, USCIS will send notices to the applicant or petitioner who filed the request and to the attorney or accredited representative;
  • For applications or petitions filed electronically, USCIS will notify both the applicant or petitioner and the attorney or accredited representative;
  • USCIS has codified its current practice of sending Form I-797 approval notices with tear-off I-94, Arrival-Departure Records to the applicant’s or petitioner’s attorney or accredited representative; and
  • USCIS will continue to send original secure identification documents, such as EAD and Green Cards only to the applicant, unless the applicant specifically requests that USCIS have such documents delivered to their attorney or accredited representative.

All this reflects USCIS’ ongoing efforts to account for industry-specific practices, giving applicants and employers greater control in how they would like to receive notifications and documents from USCIS. For instance, while some industries may typically want all such communications to go through their human resources or in-house counsel, other industries or individuals would prefer that any important documents be delivered directly to their attorney. And now, fortunately for them, they have that option. Now if only we can get our mail person to deliver the mail on time.

Tourist Visa on Arrival for US Citizens Traveling to India

Getting to India as a visitor just became much easier. As of early December 2014, US citizens may now apply online for permission to enter India as a visitor. Prior to this, US citizens had to go through a lengthy visa application process (similar to the US visa application process, one might argue) in order to get a three- or six-month visitor visa stamped into their passports.

Now, a US citizen traveling to India need only complete an application on-line at least 4 days before they travel to India, pay $60 and submit a recent photograph. Once approved, travelers must present their passport (valid for at least 6 months) and a copy of the approved travel authorization at one of 9 airports in India (Bengaluru, Chennai, Cochin, Delhi, Goa, Hyderabad, Kolkata, Mumbai & Trivandrum). The single-entry tourist visa is valid for 30 days, cannot be extended, and a traveler may apply twice in a year at most. Business visas are not covered currently but might be included at a later date. In facilitating the visitor visa application process, India hopes to attract more tourists, particularly Americans who apparently spent a lot of money abroad! 

The program is currently open to citizens of 43 countries including Germany, Australia, Brazil, Djibouti, Fiji, Finland, Luxembourg, New Zealand, Russia, Thailand, and Ukraine.  It is expected that the United Kingdom and other countries will be added at a later date.