How to Prevent Running into Trouble with the US Immigration

Whether you are working in the United States or are simply visiting, the last thing you want to do is run into trouble with the US immigration. Here are a few tips by legal expert and activist Karen DeSoto, that will help you steer clear of trouble while in the US – 

• Remember that the US Citizenship and Immigration service tends to be rather backed up. Planning in advance helps you prevent falling out of your status and making sure that your work permit or immigration status is updated before the authorities get to you. 

• If you already have a green card, it is recommended that you file for a US citizenship as soon as it is legally possible. This will prevent any chances of deportation and also improve chances of security for your immediate family. 

• When arriving into the United States from another country, make sure you are prepared to convince border officials why you serve to retain your entry visa. They have all the power to send you back if they deem you to be a security risk. 

• As a tourist, avoid packing anything that suggests you intend to permanently stay back. Items such as your resume or a wedding dress can all act as a red flag. 

If you intend to get a green card via a family member, check if more than one member is eligible to petition for your visa. For instance, if a brother, spouse or a parent can both file for you, use all the channels possible. This way, if the waiting list under one category gets extremely long, or if a member dies, your other options are in process already. 

Trump’s Travel Ban: What does International Law Say?

Earlier this year, American President Donal Trump signed an Executive Order to protect the nation from foreign terrorists to enter the country.

What does the Ban Include?

The order places a limit on the number of refugees that enter the United States. It bans entry of foreign nationals from seven Muslim majority countries such as Yemen, Syria, Sudan, Somalia, Libya, Iraq and Iran. President Trump cited that the travel ban is in effect to prevent radical Islamic terrorists from entering the nation.

Is this Ban Justified from anInternational Law Perspective?

Karen DeSoto, a human rights activist and legal expert however points out that, not a single national from these seven nations have ever carried out a terrorist attack on US soil.

According to international refugee law experts, the US has operated one of the largest resettlement programs for over four decades, admitting significant number of refugees seeking asylum in their nation. During this span of time, only three Americans lost their lives in attacks conducted by Cuban refugees way back in the 70s. Besides this, there is absolutely no data supporting his claim of terrorist threats through refugees.

This ban is already facing a number of legal challenges in national courts within the US. In addition to this, when this ban is challenged by a UN body or an international court, this ban may collide with International laws.

What does the International Law Say?

The Article 3 of the 1951 Convention Relating to the Status of Refugees disallows discrimination in the application of the convention on the grounds of country of origin, religion or race.

What to Expect when you file a Discrimination Claim at Work

If you wish to file a discrimination claim at work, you may first file your claim at the EEOC and TWC. They will conduct an investigation to legitimize your claims. Human rights attorney Karen DeSoto provides some insights.

• If the investigation determine that there isn’t sufficient evidence for them to take your case, they will issue to you a letter that is essentially a right to sue. This allows you to file your discrimination claim without the help of the EEOC or TWC.

• Remember that you will be allowed to file a suit solely on the basis of the information you originally provided in your charge, so be thorough and have an expert review it.

• If the charge does not provide sufficient information or correct information, chances are that you will be left with an invalid claim or lose a viable claim that could otherwise have improved your chances of compensation.

• Remember that the investigators at EEOC and TWC will assist you in filling out the claim limits. However, they are not lawyers and may not take into account all the factors required for a successful result.

• Employing a lawyer to help you draft your lawsuit is highly recommended.

Having a lawyer represent you is a prudent and realistic approach to a discrimination claim, allowing you to improve your chances of winning the suit.