“What Color Is Your Green Card?” A “Typical” Immigration Case (and Why There Is No Such Thing)
_________
Having a Green Card (officially known as a Permanent Resident Card) allows you to live and work permanently in the United States. The steps you must take to apply for a Green Card will vary depending on your individual situation.
—U.S. Citizenship and Immigration Services
_________
Green cards have actually gone through many colors over the decades! As with so much in the immigration field, there is a great deal more than meets the eye. One of the most important things for an immigration attorney to learn is the ability to discern when a “routine” immigration case will turn out not to be routine at all. Look at my father’s most famous case—filing a simple extension of stay turned into a five-and-a-half-year struggle with the federal government. Whether it is a business person coming to the United States with a visa need or a high-asset intelligence opportunity for our government’s military and security community, nothing is ever “business as usual.”
Every immigration case is unique. Of course, many of the cases are administrative in nature and repeat themselves, but each case that comes into my office requires a personal intake (although these days we handle them by Skype and telephone as well). With search engine optimization and social media turning so much of people’s lives into public information these days, it’s a professional must to evaluate all the available facts of a client’s journey and not make any assumptions. Many of our younger associates are critical that we still use the intake sheet that my father devised in the 1960s, but it’s an invaluable tool for organizing the necessary information.
Clients often encounter our immigration system through employment, familial relationships, or investing in an enterprise that will benefit the U.S. economy. Despite the route, each client is unique and needs to substantiate his or her eligibility for a status. I recall sitting with my father for months when I began practicing as a lawyer, watching him with extraordinary patience repeat himself to make sure the client understood what was going on. He would amaze me with his ability to place himself in the client’s shoes. To this date, when a client calls the office, Dad often takes notes from that initial call, following a system he devised to memorialize all the details so that nothing is lost. “New Matter” calls are immediately taken or responded to.
A memo is still dictated by a partner in front of a client. We want to make sure the client understands the operational facts and legal eligibility for a particular visa or remedy before the immigration court. For marketing purposes, the first line often finds us citing who referred the matter and the last line the individual’s cell phone and email for follow up purposes. Most important, we are transparent regarding the likelihood of success and the financial obligations so from the onboarding of a matter a client is satisfied that there is a written record of expectations as well.
A typical client would be given a one-hour period of time to see a senior professional or partner. Ethical proprieties require lawyers to protect clients’ secrets. Capable language proficiency for legal professionals helps to gather and elucidate salient facts at that first meeting, which can take place in one of our many offices and on occasion in foreign countries.
Being a good listener and knowing the law go hand in hand. Many clients are shopping for a second opinion of another professional’s counsel. Most clients are capable of drawing conclusions very quickly. I strategically station people outside my office who can help with some of the administrative needs, or undertake quick research as needed, so that we can move matters along with a professional cadence and expectation.
I prefer to have three professionals on the team (a lawyer and a paralegal or two lawyers in addition to me). Clients are given instructions to make sure that all members of the team are copied on emails, and each individual’s responsibility is clearly delineated so there are redundancies in place in the event a client has an emergency and needs to communicate immediately.
To set the context of our law practice, it is useful to note the five major areas for which my firm is known:
At business networking groups, I quip that a good lead in our practice would be “anybody with an accent.” With offices in New York, New Jersey, Florida, and “by appointment only” in California, we are dedicated to the exclusive practice of United States immigration and nationality law—and business is good.
Historically, the United States has prided itself on being a nation built by immigrants, and it remains a magnet to the world’s cultures. Industry leaders continually seek prospective talented immigrants from nations throughout the world, a practice that our firm expanded to include representation of U.S. firms anxious to attract people with needed skills. We counsel local and international companies with regard to all aspects of business-related immigration law. Our clients include Fortune 500 companies, universities, financial interests, shipping, hospitality, and not-for-profit institutions. We also represent individuals who wish to work in the United States, including foreign students hoping to join our workforce for their first job after graduation.
We provide guidance on complex immigration issues in virtually every visa category and are privileged to represent individuals who, because of their extraordinary ability in their field or because of their substantial investments in the U.S. economy, do not require corporate sponsorship to immigrate. Each day we advise our clients about the best short- and long-term visa strategies for their specific needs. We counsel them on a wide variety of business and family visas.
Dealing as we do with such a wide array of interests, we have learned there is no such thing as a typical client. We have no idea on any given day whether a rock star or a housekeeper is going to walk into our office. Either way the ethical practices that my father taught me make one thing clear—you could not tell the difference by the way I act to either. Early in my career I saw and understood from my father’s practice that it was important for us to create a culture in the office that conveyed to clients in very short order that we appreciate that this is not just a case, but a journey that they are taking and we are meritorious ourselves for being chosen to play a role in their lives. Thus, it’s important for me to understand that as much as somebody is coming to see me, I have a limited window of time to convey this properly to our clients.
It is difficult to maintain the trust of clients when you receive hundreds of emails a day on several servers and iPhones, meeting and talking to hundreds of people in the course of a week. Creating a culture of honesty and transparency is critical. This is especially true when we deal with couples coming into the system because of marriage to an American citizen. People in these unions receive only conditional permanent residence if their marriage has lasted less than two years. The government simply does not trust the institution of marriage—it has been abused as a shortcut to a green card by too many. Thus newlyweds are subject to extra scrutiny, and as lawyers we find ourselves embroiled in the drama of our clients’ relationships. If the proverbial dishes start flying in the household months after we filed a case, we have to know—and know how to deal with it.
I had the privilege of marrying many couples when I was mayor, but I am selective as to which wedded pairs I can ethically represent. The husband and wife must establish themselves as a bona fide couple, even to the use of social media such as Facebook and other options on the Internet. I have learned that it’s an interesting balancing act—exhaustively ascertaining the facts of a relationship while also respecting the privacy of our clients and obtaining permission to discuss our representation publicly.
The way you comport yourself to your staff must be equally dignified as you present yourself to a client and, being clear in expectations, whether in writing or otherwise, is important. I insist that calls are returned the very same day we receive them. We do not ever criticize a client because the client showed up without an appointment, and we offer more value by not billing them by the hour but by encouraging them to call and email us so that we meet their needs, satisfy their curiosity, and allay their apprehensions. Clients who are entrepreneurial in spirit will feel this energy and passion in the way we express ourselves but will move on from our offices if they are not convinced we are sincere.
Quality work, favorable adjudications, and stellar communications with our clients are paramount. We make a specific point to reinforce the fact that clients are not just names on a list, or dollar signs—they are people with families, goals, and ambitions who have entrusted us to perform a vital service, the success of which will change their lives. Not only gaining but maintaining the trust throughout (and after) representation is a driving force that has kept our practice alive for nearly sixty years.
Client service means not just good service but superlative service. Happy clients are easy clients to work with, deal with, and get paid from, with the least number of headaches. In the end, the biggest asset we have is our reputation. Controlling client expectations is significant; we never promise more than we can deliver but deliver more than what we promised.
Another critical part of the equation is communication. Even if we don’t have something for the client to sign, we try to keep in touch. We learn that it doesn’t pay to “go dark” on clients and wait for them to contact us. Emails make this process much easier. Yet you would be surprised how many firms let clients languish, even ignoring direct requests.
Our firm is a family affair, with me following in my father’s footsteps. It’s a responsibility—I have to be available 24/7. My staff is always watching: How do I speak to my family? How flexible am I? How do I handle personal challenges? With such an open relationship, I am not embarrassed to apologize for mistakes that I make, and I pride myself on being able to accept the same in kind.
Hand in hand with this is accessibility: almost every morning, the first hour of my day is spent in as many as four coffee meetings with students I’m mentoring, vendors supplying professional services, and lawyers looking for work. I try to relate to each of my clients on a personal basis, being honest about my own shortcomings and trying to learn what motivates them. Some people come to me for counsel while dealing with personal tragedy on top of what seems an insurmountable challenge with the immigration authorities. I try to be sensitive and discreet when I discuss such matters on the telephone or communicate to them in emails. I’ve been known to introduce a helpful client to another with similar interests. Casual gestures—such as personal notes and small gifts—have a place in developing a stronger friendship with people I represent.
Clients will refer you as an individual, not just a business professional. Hence, your personal life can be just as powerful as your professional life, and activities outside the office can have serious consequences for your professional life. Considering how quickly people can post and tag pictures online, and the wildfire speed technology gives to rumors and gossip, it’s important to be wary of one’s surroundings both in and out of the office. Confidentiality and discretion are critical. Whether you speak to somebody through writing or in person, all professionals must earn a reputation for being discreet. You can lose ground and clients by not protecting someone’s privacy. You must discipline yourself and act responsibly even if your client does not.
On a personal rather than professional level, I have to be thankful for my good health and what I call my “portability.” I need to be ready and mobile to respond to a client’s call, even if that means an international public or private flight. If I don’t show up for the opportunity to represent somebody, I can be sure someone else will. Given these circumstances, I’m very lucky that I “married up” and chose a spouse wisely. I had the good fortune of meeting my wife Amy in law school, where we both attended my father’s immigration law class together. In our family circle, the law firm is considered to be one of our “children.” Amy has always encouraged me be available at all times for my clients and traveled internationally with me and my father when necessary.
I will never forget a phone call I received from a client after I had joined my daughter Raquel in her “midnight run” at the Ramaz High School in Manhattan. (This was a program where we were giving out food and clothing to those in need on the streets.) The client, Paul Kemsley, a British entrepreneur, called my mobile phone stating, “wheels up at Teterboro in sixty minutes, dinner with soccer legend Pele in Switzerland tomorrow night.” Now this would not have happened if my client had not had my cell phone (my mobile telephone number is actually printed on my business card); had he not wanted me to be there at that pivotal moment in time; and had my wife and daughter not allowed me to take off!
If there is one main ingredient for all cases, it is making sure we are up on the scholarship, improving ourselves, and mentoring others. I learn more about the law by teaching students and have increased my own personal knowledge by engaging in the research and findings of our clients’ cases. This includes drafting articles, putting myself out for public debate, and commenting in public media as well.
Much has changed in our practice over the years. At one point we represented most, if not all, of the major Canadian, Swiss, German, and European banks, who were moving their personnel into the United States. As the economy thinned and firms took matters in-house, we built a new business model in our practice. With many staff accommodating a single financial institution, we realized that we would end up in a precarious circumstance if our clients went elsewhere or decided to handle their visa work in-house. Simply put, if revenues of our clients and their profits were down, we were going to see less immigration traffic to the United States from our own clients. Hence, it was important for us to build up the litigation practice and family ledger so we would have consistent traffic. I sought to further expand our portfolio of clients and litigation so that we now enjoy a robust following in the world of fashion, art, sports, and entertainment, including hospitality. I often find myself attending trade conferences in the food, restaurant, and beverage industry; providing copy for articles in trade publications; and traveling the world over to enhance our portfolio in areas of industry that are not typically represented in the region where we practice.
My search for clients has reinforced what many studies have already found—immigrants remain the greatest risk-takers and entrepreneurs, bringing an extraordinary work ethic as they endeavor to help make a fresh start or protect themselves from harm’s way. Many immigrants are solo business owners out of necessity. They would rather be responsible for themselves and employ others, or they realize they are better off working for themselves. I am impressed by immigrant business owners who do not have university degrees and often excel in the professional world. They do not rely on a piece of paper to succeed but use their own creativity and innovation in a competitive economy.
Having chosen us as counsel, what can a client expect? Again, there is no routine answer. The shelf life of an immigration case could range from a few weeks to a decade. Conventionally, clients first present us with temporary visas and often face personal or professional changes or challenges in their professional lives that require commensurate visa requests. Many are forced to make new applications, apply for extension requests, or adjust their status to permanent residence. The good news is that most applications end ultimately in the coveted United States citizenship.
Immigration and Anti-Terrorism
If asked to answer the question of what has created the greatest impact in the immigration field during my career, I would not respond with a piece of legislation, a president’s executive action, or a court case. My answer would be the events of September 11, 2001. Two buildings, 220 stories in all, burned and collapsed as our nation looked on in horror. Smoldering gray air drifted past the Statute of Liberty. I was there the day after with an ambulance crew that I volunteer with, a few thousand feet away from Ground Zero on the bucket brigade. Americans knew now that they lived in a different world—one that was forever changed.
By sunset on that very day, few people could deny that the United States now faced an extraordinary crisis. Immediately a number of voices rose, attempting to conflate terrorism with immigration. The U.S. Department of Justice recently released a report with this alarming headline: almost three-quarters of those convicted for international terrorist events since 9/11 were immigrants—402 out of 549 individuals. The report, however, ignores some 1,400 incidents of domestic terrorism perpetrated by all-American extremists. Interestingly, given the concurrent battle over the administration’s travel ban, the Justice Department failed to link the immigrant terrorists with banned countries—because there’s little evidence of violence from immigrants from any of those nations.
Yes, the evil of any terrorist’s act does not necessarily reflect his nationality—as American terrorist Timothy McVeigh illustrated all too well. However, by challenging innocent Muslims in our country, we only add to the heartbreak of the growing body count internationally. Still, September 11 must mark a major shift felt in the United States. We can no longer indiscriminately hold ourselves out as a beacon of freedom to the world if it means compromising our safety.
Many of us believe that this war actually began in 1979 when our hostages were taken in Iran. September 11 was merely the first suicide attack of magnitude on United States soil. I testified in 1999 on Capitol Hill and talked about a score of cases, underlining the importance of cultivating intelligence and the imperative of responding in a measured sense to terrorism. By debating the propriety of Homeland Security and turning our back on scores of immigrants, we have allowed terrorist cells to grow over time and even to strengthen. We cannot resort to extremism to find them or to cull them out. Common sense dictates that until we ascertain that we are again reasonably secure, we cannot fully give the benefit of our rights to aliens who present even the slightest potential threat to us, nor should we be politically correct with a figurative gun held to our head.
For the longest time there were no departure controls, and we had many perpetrators of terrorism within our own grip, only to see them leave and return unfettered across our porous borders. In employing our immigration laws to combat terrorism, the United States cannot be bound by the same blindfold that the rest of our justice system uses for fair judgment. It makes a mockery of our constitution to extend the rights to aliens who may cause a serious threat to the very Americans who fought to protect them. It is very important that we rise to this challenge while maintaining our role as the world’s moral compass, a nation that takes great pride in a history of success built on the backbone of immigrant Americans.
As an immigration lawyer who has dealt with terrorists and defectors, I’ve seen the opportunities for our government to acquire crucial human asset intelligence. I have flown to the corners of the world and worked to utilize immigration law as a tool to battle that elusive enemy, the terrorist. There is a delicacy when handling any matter for a client who is embroiled in the world of anti-terrorism. For years we’ve represented power companies, former diplomats, and scores of businessmen and women who had access to intelligence that was not readily available to law enforcement and our intelligence services. The governing rules, however, have always remained the same: to be transparent and ethical while maintaining a sense of vigilance and immediacy at all times.
Many of these cases required thinking outside of the box, such as hiring translators and swapping them out frequently so no one could gather intelligence, thus protecting my client’s privacy to a greater degree than normal. Being able to secrete a client in a hotel, arrange for close protection, or jump on an airplane on a few hours’ notice has proven critical. Even the dictation of memorandums and discreet administrative support were decided in the best interest of our client’s privacy and the safety of their intelligence information.
Our office has been approached by agents from many federal agencies and intelligence services through the years, seeking our support. Often they were frustrated by bureaucratic obstacles that limited their efforts to secure human asset intelligence. Our own experience was a learning curve. Maintaining the confidentiality of our client secrets and respecting the attorney-client privilege while concurrently managing the government and an inquisitive media took talent and time to perfect. There is nothing routine about getting a fee agreement from a goat herder who saved a Navy SEAL or drafting an asylum claim for a Saudi diplomat who was fearful that he would be gunned down on a public street. Each required my best team and a tailored response based on a sound legal strategy.
The proximity of our office to the United Nations, local police precinct, and safe retreat hotels for impromptu meetings allowed us to pivot to protect our clients and advance their interests. Adaptability, initiative, and tenacity has protected the lives of many of our clients, from simple tasks such as ensuring that they have privacy where needed (often we bring clients through a nondescript entrance to our building to avoid videotaping) to ensuring that they cooperate with law enforcement in a transparent, unfettered fashion.
One of the constants in my professional life has been listening to my father speak in the same tone and temperament to my mother, rest her soul, clients, and other loved ones. I could never tell if he was speaking to a millionaire or a day laborer. Today’s modern heroes and cooperators in the fight against terror are all individuals who breathe the same air and deserve the same dignity and time. In this respect, I am grateful for the trust that our law enforcement and intelligence community has placed in us.
There was a time when it would have been inappropriate for an FBI agent or intelligence officer to refer a legal matter to a lawyer. Things have evolved, and now we are engaged by their legal counsel or summoned for inquiries by agents in the field who have immediate needs for immigration counsel. Even the federal government and its agents have been frustrated by some of the bureaucratic backlog and the politics of immigration when human asset intelligence has played heavily in our nation’s interests.
There are cases that I am not permitted to discuss without breaching commitments I made and threatening the lives of very important cooperators. I have a letter from the Central Intelligence Agency giving me unfettered access to a file that I handled years ago—but which I was not permitted to maintain in my office because of the delicacy of our client’s engagement with the U.S. intelligence community. In fact, at the time, agents came to my office with encryption devices, taking my client’s statement and having me review the contents in a secure fashion to avoid any exposure or breach of their methods and procedures. For a few other matters, I was given an index card with a conversion of letters to numbers so I could send encoded telefaxes to a government agent and set meeting places as needed.
There was certainly nothing routine about requests I received on the Sabbath when it came to our nation’s security. Often I would find myself speaking to one or two rabbis in confidence about the required tasks and whether or not a breach of religious law would be permitted given the high stakes. On one occasion, I had to drive to meet two naval intelligence agents for a former Saudi diplomat during the Rosh Hashanah holiday after the USS Cole had been attacked to affect a proper consultation. I was warned how to sit in restaurants, confer with clients in private, and what personal safety measures to take both in my offices and residences. To this date I sit in a restaurant facing the main entrance and often cut a meeting short to change locations if I am not comfortable. The taping of conversations, listening devices, and sweeping for same seems routine in many of the matters I am engaged in for both my client’s and my own protection. I am particularly sensitive when approached by foreign ambassadors and the witness protection services of other nations when they seek safe haven for a rogue individual on U.S. soil. Matters of confidentiality vary from state to state, and often I consult with criminal counsel so I am prepared to protect all of my client’s legal interests.
On many of our high-profile defection and whistle-blower cases, we depend on the glare of media coverage to protect our clients’ lives, given the politics of a particular region or the hesitancy of our government to act due to delicate diplomatic considerations. We have developed a specialty, learning to pace the media to effectuate a protracted campaign on behalf of our clients. If the FBI was not going to protect a Saudi diplomat or a religious cleric who remained imperiled for coming forward, we were going to see that the continued position in the public eye would keep that individual healthy and alive. Often the front-page reporters of major newspapers called me looking for a scoop on a matter I was handling or to inquire whether a certain defector was heading my way. Negotiating the exact photo and the impression that the caption would have on my client’s adversaries was much more than a mere writing job. Often the world’s finest journalists (some who died in the field) covering the world’s hottest topics reach out to us, pitching coverage that would be the only shield we would have on a matter. As a New Yorker, I likened it to the lights being turned on—making all the roaches run for cover.
Over the years, we’ve become quite proficient in the use of the media as a highly effective legal tool. However, when a client is concerned about privacy or is concerned about the backlash of a public rendition of their case, we stand down. On many occasions the only pressure that can be brought to bear is by engaging the media. I feel frustrated when clients hesitate or make disclosures in a haphazard way that does not help their case. Developing a reporter’s trust is significant because they vet the authenticity and credibility of a client’s claims.
Although the world has changed in recent years, the immigration authority has not. The paperwork reduction act has reduced a one-page “Notice of Appearance of Attorney” to a four-page document. Many well-intended government officers and agents are incapable of reaching humanitarian conclusions and favorable dispositions, given conflicting policies from new presidents and outdated immigration laws promulgated and rendered stale as economic metrics evolved. As a result, clients shop for a favorable venue or find themselves facing removal from the United States despite not having engaged in criminality due to running afoul of technical breaches. Even inadvertent trips and international travel during the pendency of an application for permanent residence without proper permission could render invalid an application for permanent residence. Such an individual could be barred from returning to the United States. Even those who have been vetted for criminality can be deemed inadmissible if they concede any relevant element of a charge at a point of entry into the United States or before any domestic immigration official. Simple departures from or entries into the United States are no longer a routine matter. Often our staff have to prepare individuals on weekends and in evening hours in anticipation of their urgent impromptu travels.
Whatever the sphere—business, personal, or security-related—nothing is routine.