An important notice from Sharma-Crawford Attorneys at Law and the American Immigration Lawyers Association (AILA)

On February 6, 2012 AILA posted an updated document for the Ciudad Juarez (CDJ) immigration visa process.

Sharma-Crawford Attorneys at Law and AILA strongly advise that anyone seeking advice on this topic should only do so from a qualified immigration attorney.

Legal representation now available for those facing deportation without representation.

Kansas City, MO (January 26, 2012) Throughout the nation, and most notably in Kansas City, low income individuals who are facing removal from the United States with the U.S. Immigration Court are unable to obtain affordable, qualified representation. The result is nearly 1/3 of all immigrants facing removal from the United States in the local court submit to leaving the country based on poor advice.

Many of these undocumented immigrants could or would stay in the United States if better informed of their legal options by qualified legal counsel. Sadly, families are being torn apart and productive members of the Kansas City community are submitting to voluntary deportation due to this gap between understanding of the legal process and individuals in need of qualified immigration counsel.

Two Kansas City attorneys hope to change that with the formation of a nonprofit organization whose mission is to serve individuals facing removal from the United States.

The Clinic at Sharma-Crawford Attorneys at Law (The Clinic) is a nonprofit organization (501(C)(3) pending) that provides low income individuals and families facing immigration removal proceedings with the U.S. Immigration Court, access to quality pro bono or discounted legal representation.

A recent study found that because there is no right to appointed counsel in immigration court, many immigrants represent themselves in removal proceedings with unsuccessful outcomes. For example, According to a report 74% of non-detained individuals with representation have successful outcomes, while only 13% of non-detained individuals without counsel are successful. (Ref: AILA Shares Concern About Representation of Immigrants, December 19, 2011)

The Clinic’s founding attorneys, Michael and Rekha Sharma-Crawford, hope to close the gap between immigrants facing removal and the availability of affordable representation.

“The ability to provide free or low-cost services to those facing removal has been a long-time wish of ours,” said Rekha Sharma-Crawford, a principal of the firm and president of The Clinic’s board of directors. “There is an untold story of countless families torn apart simply because they can’t afford to be represented in court.”

The Clinic at Sharma-Crawford Attorneys at Law is recognized by the Board of Immigration Appeals as a pro-bono / low-bono provider for the Kansas City Immigration Court.

In addition to no-cost and low-cost legal services, The Clinic will provide community outreach and education including speaker services. To learn more about The Clinic at Sharma-Crawford Attorneys at Law call 816.994.2300. www.theclinicatsharma-crawford.org

Frequently Asked Questions

Who Qualifies for Discounted or Pro Bono Services?
The Clinic at Sharma-Crawford Attorneys at Law uses a combination of guidelines in establishing qualifications for obtaining discounted or pro bono services. The primary qualifying factors include (1) individuals who fall below 125% of the U.S. poverty threshold as set by the Department of Health and Human Services (HHS) and (2) individuals who are currently in removal proceedings by the U.S. Immigration Court. Other qualifying considerations include U.S. military service and certain disabilities.

How Do Individuals Obtain Services?
Those currently in removal proceedings or their immediate families may contact The Clinic to first determine eligibility requirements. Once an individual is determined to meet the qualifying guidelines they will be placed on a services waiting list. Those who do not meet the qualifying guidelines will be referred to alternatives for obtaining qualified immigration law representation in the Kansas City area.

Do You Serve Areas Outside of Kansas City?
Currently The Clinic only serves those persons who are in removal proceedings before the Kansas City Immigration Court. Persons seeking assistance will have to contact The Clinic at its Kansas City Office. The Clinic will serve those persons currently detained by ICE.

Do You Offer Other Programs or Services?
The Clinic’s legal services are limited to representation for removal proceedings. Beyond legal representation The Clinic also provides community outreach and education including speaker services, at no cost.

This week, Michael Sharma-Crawford was appointed by the Kansas Bar Association to the Board of Directors for Kansas Legal Services, Inc., for a three-year term. Michael will represent the Kansas City area on the Board. Michael was one of five new appointments made this week. “Certainly, we feel that each of these exceptional persons will be wonderful additions to the KLS board,” said Rachael K. Pirner, Kansas Bar Assocation president.

Sometimes one set of facts can give rise to multiple legal issues. For example, a DUI can result in criminal penalties and a loss of one’s driver’s privilege’s. If an accident is also involved, then there may also be a case for civil damages against the drunk driver. One set of facts would then result in multiple legal cases.

The same is true for immigration cases. Normally, when a non citizen lands in removal proceedings, it is because something they did caused them to come to the attention of Immigration and Customs Enforcement (ICE). Sometimes, after a person is arrested on a criminal charge, they are transferred to ICE. Under this scenario, the person has two distinct cases: the criminal case and the immigration case. Each of these cases are unique and require a different analysis of the consequences as it relates to the non citizen’s status.

Individuals sometimes confuse the way immigration and criminal cases intersect and yet remain distinct. They often do not understand that while all fees and penalties have been resolved in the criminal case, immigration consequences may still remain that will require additional attention. To help understand the way this plays out in practical terms, let’s examine the DUI fact scenario. DUI is a criminal charge. The individual will have to appear in front of a judge and will have to be processed through the criminal justice system. For citizens, once they have completed all of the requirements under the criminal case, they can put the incident behind them.

For non citizens, there may be additional considerations. If they have fallen out of status, simply being arrested and held in jail, even for a few hours may result in contact with ICE. If the person is in status or changing status a DUI or other criminal charges may affect one’s ability to change remain in or change status. Some convictions may have a direct effect on one’s status, others may affect a person’s character.

Being a person of “good moral character” is an integral part of successfully moving through the immigration system. Criminal cases, even those successfully completed, can cause a person to be found to not possess good moral character. This finding may prevent a change of status even years after the conviction.

A non-citizen can never take criminal charges lightly. One must take care to consult with a skilled criminal defense attorney and an equally skilled immigration attorney who is well versed in the immigration consequences of criminal convictions. It takes coordination between these two professionals to prevent disastrous consequences.

Sharma-Crawford, Attorneys at Law is a firm deeply experienced in the complexities of immigration litigation. Whether you are facing criminal or civil litigation in state, federal or immigration court – the caring professionals at Sharma-Crawford can help you navigate through the complex legal system. For more information, please call (913) 385-9821 or visit www.Sharma-Crawford.com. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information contained in this article is general information and should not be considered legal counsel.

An important notice from Sharma-Crawford Attorneys at Law and the American Immigration Lawyers Association (AILA)

On August 23, 2011 AILA posted an important notice regarding a recent advisory from the Department of Homeland Security (DHS) regarding work permits or Employment Authorization Document (EAD). The August 18 announcement from DHS has led to confusion and considerable risk for many undocumented immigrants.

In short, the recent policy announcement by the Obama administration is being interpreted by some as an amnesty program.  This is not the case.  Those misinterpreting the new announcement could expose themselves to possible arrest, detainment or removal.

Sharma-Crawford Attorneys at Law and AILA strongly advise that anyone seeking advice on this topic should only do so from a qualified immigration attorney.

When President Obama was elected, many thought he would use the opportunity of a democratic majority to address the issue of immigration reform. This did not happen. With deportation cases at an all-time high and migration at an all-time low, the need for a comprehensive immigration law has never been clearer. For 2011, the Kansas City, Missouri Immigration Court, which handles cases from all over Kansas (including Wichita, Salina, and Western Kansas) and Missouri (including St. Louis), has a current case-load of 3,448. The average time a case remains pending is approximately 300 days.

Perhaps in a response to the number of cases and the lack of immigration reform on the horizon, recently Director of Immigration and Customs Enforcement (ICE), John Morton issued a memorandum, known as the Morton Memo on Prosecutorial Discretion, directing immigration agents to exercise discretion in removing people. In so doing, Director Morton reminded ICE the need to use good judgment in evaluating whether removal proceedings should be initiated and whether the case meets the priority guidelines set out by the Agency.

Morton Memo sets out a non-exhaustive list of opportunities under which prosecutorial discretion is appropriate. These circumstances include:

• deciding to issue or cancel a notice of detainer;
• deciding to issue, reissue, serve, file, or cancel a Notice to Appear(NTA);
• focusing enforcement resources on particular administrative violations or conduct;
• whom to stop, question, or arrest for an administrative violation;
• deciding whom to detain or to release on bond, supervision, personal recognizance, or other condition;
• seeking expedited removal or other forms of removal by means other than a formal removal proceeding in immigration court;
• settling or dismissing a proceeding;
• granting deferred action, granting parole, or staying a final order of removal;
• agreeing to voluntary departure, the withdrawal of an application for admission, or other action in lieu of obtaining a formal order of removal;
• pursuing an appeal;
• executing a removal order; and
• responding to or joining in a motion to reopen removal proceedings and to consider joining in a motion to grant relief or a benefit

The Memo goes on to provide an extensive, though not exclusive list of considerations to be examined in deciding if the use of prosecutorial discretion. These considerations include:

• the agency’s civil immigration enforcement priorities;
• the person’s length of presence in the United States, with particular consideration given to presence while in lawful status;
• the circumstances of the person’s arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child;
• the person’s pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States;
• whether the person, or the person’s immediate relative, has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat;
• the person’s criminal history, including arrests, prior convictions, or outstanding arrest warrants;
• the person’s immigration history, including any prior removal, outstanding order of removal, prior denial o f status, or evidence o f fraud;
• whether the person poses a national security or public safety concern;
• the person’s ties and contributions to the community, including family relationships;
• the person’s ties to the home country and condition in the country;
• the person’s age, with particular consideration given to minors and the elderly;
• whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
• whether the person is the primary caretaker o f a person with a mental or physical disability, minor, or seriously ill relative;
• whether the person or the person’s spouse is pregnant or nursing;
• whether the person or the person’s spouse suffers from severe mental or physical illness;
• whether the person’s nationality renders removal unlikely;
• whether the person is likely to be granted temporary or permanent status or other relief from removal, including as a relative of a U.S. citizen or permanent resident;
• whether the person is likely to be granted temporary or permanent status or other relief from removal, including as an asylum seeker, or a victim of domestic violence, human trafficking, or other crime; and
• whether the person is currently cooperating or has cooperated with federal, state or local law enforcement authorities, such as ICE, the U.S Attorneys or Department of Justice, the Department of Labor, or National Labor Relations Board, among others.

These criterias signal a shift in the overzealous enforcement efforts of the past and while it does not go so far as to effectively halt removal of Dream Act kids or deactivate the Secure Communities program, it does show some progress in common sense immigration enforcement. Although a complete and effective overhaul remains elusive and it is unlikely that such change will come before the next election, this is a good start. The question, however, that remains unanswered is exactly how long it will take to implement the directives set out in the Morton Memo. Read the full memo on the Sharma-Crawford Facebook page.

Sharma-Crawford, Attorneys at Law is a Kansas City, Missouri, firm deeply experienced in the complexities of immigration litigation. Whether you are facing criminal or civil litigation in state, federal or immigration court, in Kansas or Missouri – the caring professionals at Sharma-Crawford can help you navigate through the complex legal system. For more information, please call (913) 385-9821 or visit www.Sharma-Crawford.com. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information contained in this article is general information and should not be considered legal counsel.

Sharma-Crawford’s new Westside/Crossroads building is one of the first local law firms to use new technologies to harness solar power for electricity.

Sharma-Crawford, Attorneys At Law, a leading immigration litigation law firm headquartered in Kansas City’s Westside, has installed one of the first solar electrical generation systems on a Kansas City law firm to date. The Sharma-Crawford law firm recently purchased and renovated 515 Avenida Cesar E. Chavez, bordering Kansas City’s Westside and the Crossroads Arts District.

According to Rekha Sharma-Crawford, the decision to add solar energy was easy given both economic incentives and the firm’s belief in environmental stewardship.

“Part of our decision was influenced by KCP&L rebates that make this a very attractive investment with a quick payback,” said Sharma-Crawford. “More importantly, it’s the right thing to do on many levels.”

The 19 kW system, designed and installed by Brightergy Solar, consists of 84 solar panels and is simply ballasted on the rooftop – requiring no roof penetrations. Photos of the system can be seen on Sharma-Crawford’s website.

The system will produce about 25,000 kilowatt hours per year which will offset almost 80% of the firm’s electricity usage. It is the pollution reducing equivalent to taking 9 cars off the road for 30 years.

Sharma-Crawford added that investing in Kansas City’s inner city both by rehabbing a vacant building and adding solar energy, is consistent with their immigration law firm’s beliefs andvalues. “We are passionate about our work in immigration law but also about our community and our neighbors,” said Sharma-Crawford.

About Sharma-Crawford Attorneys At Law
Sharma-Crawford, Attorneys at Law specializes in the complexities of immigration litigation. Practice specialties include criminal or civil litigation in state, federal or immigration court. The attorneys of Sharma-Crawford also speak and educate peers and the community on issues pertaining to the complexities of immigration and immigration litigation. The firm is located on the border of Kansas City’s Westside and the Crossroads Arts District.

About Brightergy Solar
Brightergy Solar, based in Kansas City, is the region’s most experienced solar energy design and installation firm with hundreds of commercial and residential installations across the Midwest. Their unique financing service makes clean, solar energy an attractive and affordable investment for their commercial clients in Missouri.

Effective immediately, we have moved our office to the Crossroads (Westside Crossing) in Kansas City, Missouri.  You can now find us at 515 Avenida Cesar E. Chavez (One Block South of the El Conejo Bus Station), Kansas City, MO 64108. Our new phone number is 816.944.2300.

Federal authorities have filed, last week, criminal charges against Tri-Valley University in Pleasanton, a major suburb in the San Francisco Bay Area. These charges include misuse of visa permits, indulging in money laundering and other serious crimes. The students, over 1500 of them mostly from India, also, face deportation based on immigration related fraud.

The criminal complaint reveals that Immigration and Custom Enforcement (ICE) found that while students were admitted to various residential and online courses of the university and on paper lived in California, in reality they “illegally” worked in various parts of the country as far as Maryland, Virginia, Pennsylvania, and Texas. The complaint also indicates that in this instance, more than half of these students were listed as residing in a single apartment located in Sunnyvale California, even though they did not. ICE officials refer to such a set up as a “sham university.”

A student visa, or F-1, requires that a student take a full case load of studies, physically attend classes and be working toward a recognized degree. In this instance, the students do not live in California so it is impossible for any of them to actually attend classes.

ICE officers have round up students and have conducted interrogations. Since the University has closed, many of these students find themselves with no choice but to leave the United States. Some are also being looked at for other immigration related violations and face removal back to India. It is unclear if any of the students will also face criminal charges.

Many of the students paid large amounts of money to obtain a student visa and work authorization. Now, many face removal and a bleak possibility of return to the United States.

The facts of this case, though tragic, shed some light on the necessity to be aware of your visa requirements. Many nonimmigrant visas carry extended restrictions on what can and cannot be done. Most nonimmigrant visas, unless for specific employment purposes, do not allow for employment authorization. Working in violation of a nonimmigrant visa is a common issue that often leads to deportation proceedings being commenced. If an individual is on a nonimmigrant visa, it is best to take precaution and understand the exact requirements of the given visa.

Sharma-Crawford, Attorneys at Law is a firm deeply experienced in the complexities of immigration litigation. Whether you are facing criminal or civil litigation in state, federal or immigration court – the caring professionals at Sharma-Crawford can help you navigate through the complex legal system. For more information, please call (913) 385-9821 or visit www.Sharma-Crawford.com. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information contained in this article is general information and should not be considered legal counsel.

View drawings and progress photos of our new location.