To Fix One’s Papers
Arranging visas is not what it once was. It used to be that one would file a set of applications for relief. But it turns out that intending immigrants–and the society that employs them–do not want to wait over 20 years for an employment authorization document (EAD or “permiso de trabajo”). The EAD often becomes more important than the green card itself and, in the short term, is more desirable than legal status when starting one’s life in the United States.
The only way to “run the clock” toward accruing the six months necessary to get an EAD was to appear in Court before a judge. One may claim asylum “affirmatively” by filing with the U.S. Citizenship and Immigration Service (USCIS) or “defensively” in response to being placed in removal proceedings before the Executive Office for Immigration Review (EOIR).
Undocumented citizens in removal proceedings are at risk of removal from the U.S. to their countries of origin. Often “asilo” is the only answer to get out of detention subsequent to serving time in jail or in response to charges of immigration fraud. The gauntlet of hearings clients must attend at the EOIR is not for everyone. Yet many immigrants are counseled otherwise for the EADs.
This ruse has essentially turned all immigration attorneys, from the most unscrupulous “notarios” to better-reputed firms, into “permiso” factories catering only to EADs. While necessary to get a driver’s license and social security number, EADs come at a price. Practitioners must be honest about the immigrant’s chances of prevailing in removal proceedings.
The EOIR Automated Case Status Portal provides up-to-date information about the status of your immigration case.
La Migra 