Protect Yourself with a U.S. Citizenship
The most recent Domestic Security Enhancement Act of 2003, also known as U.S.A. Patriot Act II, has many provisions that are dangerous to Lawful Permanent Residents. It is important that if you are eligible for U.S. citizenship for Naturalization, you should apply for it immediately. The Naturalization procedure is very fast at this time. It is anticipated that you will be interviewed within 6 months of your Application and complete the Naturalization within about one (1) year.
However, if you have criminal violation, it is important that you have them expunged before you apply for naturalization. That is, you need to have your criminal violations wiped clean from your records so that BCIS will not hold you with minor violations. Having criminal violations on your record may subject you to deportation unless they took place before 1996 and you were not in jail for five (5) years or more.
If the violations occurred after 1996, you could still be deported if you are sentenced to jail for one year or more. You could be picked up and held without bail pending deportation. It is crucial that you make sure your criminal records are clean before you apply for naturalization.
U.S.A. Patriot Act III jeopardizes the rights of lawful permanent residents or ¡°green card holders¡± in that the act authorizes:
- Secret Arrests.
Section 201 would prohibit the disclosure of the names of individuals detained in the course of an international terrorism investigation, including individuals who have been detained for minor immigration violations. Since Sept. 11, 2001, any foreign nationals have been arrested and detained under a veil of secrecy for minor immigration infractions that have nothing to do with terrorism simply because of their ethnic or religious background. Section 201 attempts to statutorily legitimize the secretive nature of these pretextual detentions.
- Opening of Immigration Files to Local Police.
Section 311 would undermine trust between police departments and immigrant communities by opening sensitive visa files to local police for the enforcement of complex immigration laws about which they often know little. This proposal has surfaced despite the fact that many local police departments already have announced their opposition to enforcing federal immigration laws.
- Stripping of U.S. Citizenship for Associational Activities.
Section 501 would expand the grounds for expatriating U.S. citizens to include joining, serving in, or providing material support to a designated terrorist organization. Rescission of U.S. citizenship could obtain even when the ¡°material support¡± is simply a lawful charitable donation to further the lawful activities of a designated organization. Targeted individuals potentially could find themselves consigned to indefinite detention as undocumented immigrants in their own country.
- Enhanced Criminal Penalties for Minor Immigration Violations
Section 502 would enhance criminal penalties for a variety of immigration offenses including such violations as failure to carry your Lawful Permanent Residence card, and failure to notify the Bureau of Citizenship and Immigration Service of an address change within 10 days.
- Summary Deportations.
Section 503 would authorize the Attorney General to deny admission to or remove any noncitizen whom he ¡°has reason to believe¡± poses a danger to national security interests. This would eliminate the right to judicial review or Habeas Corpus review of your deportation, if the Attorney General believes that you are a terrorist. A Lawful Permanent Resident could be denied entry to the United States or deported without having violated any law and without ever knowing the basis for the government action.
- Expedited Removal of Lawful Permanent Residents.
Section 504 would expand the bases triggering expedited removal and for the first time would apply these procedures to Lawful Permanent Residents. This provision would apply retroactively and cover offenses committed prior to enactment, thus unfairly undermining settled expectations. It also would limit appellate review of an expedited removal order while completely eliminating habeas corpus review. The unprecedented elimination of habeas corpus review is designed to insulate the expedited removal decisions of the Attorney General (or, of the Secretary of Homeland Security), by preventing federal courts from correcting unlawful actions by immigration officers.
- Reduction of Time for ¡°Green Card Holders¡± to Depart After Removal Order.
Section 505 would clarify the continuing nature of the offense of failing to depart the United States after a removal order is final. It simultaneously would reduce the period of time, from 90 days to 30 days, in which an alien subject to such an order must depart. This shortened departure window will create significant hardship for long-time Permanent Residents who must organize their entire life affairs prior to departing and simultaneously make arrangements to live in a country to which they no longer have any ties.
- Removal of ¡°Green Card Holders¡± to Unrecognized Countries.
Section 506 would authorize removal of an alien to a country other than the individual¡¯s country of citizenship, nationality, birth, or residence when removal to such country would be ¡°impracticable, inadvisable, or impossible.¡± Moreover, it would permit removal to countries whose governments are not even recognized by the United States.
It is the opinion of this office that such laws may be unconstitutional and should be fought vigorously in the U.S. District Court, Courts of Appeal and the U.S. Supreme Court. The fundamental lack of fairness and change of the long-standing due process principles of the U.S. Constitution is simply improper. If you are eligible for naturalization and you have clean criminal records, it is best to play it safe and naturalize immediately.
This article is for information only. It is not intended to create a lawyer-client relationship. It is not substituted for the individual legal research required for any case or legal representation that is essential to any case.
If you desire further information about cancellation of removal, please contact The Law Offices of Wellington Y. Kwan, Inc. Wellington Y. Kwan is a Certified Immigration and Nationality Law Specialist certified by the California State Bar Board of Legal Specialization. Mr. Kwan speaks Mandarin and Cantonese. The Law Offices of Wellington Y. Kwan, Inc. has been serving the immigrant community for over 25 years.
LAW OFFICES OF WELLINGTON Y. KWAN, INC.
3580 Wilshire Blvd., Suite 1120
Los Angeles, CA 90010
Telephone Number (213) 382-1888
Fax Number (213) 639-1670
Email address: info@wellingtonkwan.com
Website: www.wellingtonkwan.com
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